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Home My WebLink About1994 01-24 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JANUARY 24, 1994 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Council Report 6. Approval of Agenda and Consent Agenda k -All items listed with an asterisk 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 in its normal sequence on the agenda. 7. Approval of Minutes: * a. December 6, 1993 - Regular Session * b. January 10, 1994 - Regular Session 8. Mayoral Appointment: a. Human Rights and Resources Commission 9. Proclamations: ' * a. Declaring February 5, 1994, to be Confronting Crime in Our Community Day 10. Ordinance: a. An Ordinance Amending Chapter 7 of the City Ordinances Regarding Insurance Requirements for Refuse Haulers and Licensing Provisions Relating to Public Swimming Pools and Lodging Establishments -This ordinance is offered this evening for a first reading. It increases the insurance requirements for refuse haulers and removes the City licensing requirements for swimming pools and lodging establishments , 11. Discussion Items: a. Appointment of Member to Serve on North Metro Convention & Tourism Bureau Board of Directors f b. Development of a Highway 100 Council for Promoting the Reconstruction of T.H. 100�� - CITY COUNCIL AGENDA -2- January 24, 1994 c. Process for Solicitation of Applicants for Appointment to the Position of Commissioner and Alternate Commissioner on the Shingle Creek Watershed Management Commission and on the West Mississippi Watershed Management Commission d. 1994 Capital Improvements Program e. Council Direction to Staff Regarding the Proposed Ordinance Restricting Point -Of- Sale Advertising of Tobacco Related Products (February 14, 1994, Public Hearing and Second Reading) , f. Rescheduling Canceled Work Session of January 18, 5 1994, and Possible Additional Council Meeting on February 7, 1994 12. Resolutions: * a. Expressing Recognition and Appreciation of Bertil Johnson for His Dedicated Public Service on the Planning Commission * b. Expressing Recognition and Appreciation of John Russell for His Dedicated Public Service on the Park and Recreation Commission * c. Expressing Recognition of Steve Zacharias for His Achievement in Swimming 500 Miles in the Brooklyn Center Pool * d. Establishing Improvement Project No. 1993 -21, Pedestrian Bridge Repairs at Centerbrook Golf Course, Approving Plans and Specifications and Directing Advertisement for Bids for Contract 1994 -B e. Approving Amendments to the Fire Department Relief Association Bylaws L T , * f. Approving Renewal of the Lease for Liquor Store #3 *13. Licenses 14. Adjournment' CITY OF BROOKLYN CENTER Council Meeting Date January 24, 199 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CITY COUNCIL MINUTES - DECEMBER 6, 1993 - REGULAR SESSION CITY COUNCIL MINUTES JANUARY 10, 1994 REGULAR SESSION DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOAMENDATION: 1 le ' No comments to supplement this report Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUAEM ARY EXPLANATION: (supplemental sheets attached ) • RECOMMENDED CITY COUNCIL ACTION • MINUTES OF THE PROCEEDINGS OF =- CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 6, 1993 CITY BALL CAIJ, TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7.01 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFcvere, Personnel Coordinator Geralyn Barone, and Council Secretary Kathy Stratton, OPENING CEREMONIES Elaine Carlson offered the invw4vn, There was a flag ceremony by a Girl Scout troop from Brooklyn Center. OPEN FORUM Mayor Paulson noted the Council had received a couple of requests to use the open form session this evening, but the requests concerned agenda items so he a$kcd the people to wait until their particular issue was addressed by the Council. COUNCIL REPORTS Councilmernbcr Mann explained she had met with Sharon Sayles Belton and was excited about the prospect of worldng together with her, Couneilmember Rosene offered his congratulations to the Park and Recreation Commission for the success of the event they sponsored called Holly Sunday. He said it was an enjoyable event. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any C;ouncilmember requested any items be removed from the consent agenda. There was no such request, 12/6/93 - 1 - RESOLUTIONS RESOLUTION NO 93 - 2 08 Member Dave Rosene in#rodur4d the following resolution and moved its adoption: RESOLUTION DESIGNATING THE SHINGLE CREEK WATERSHED COMMISSION AS THE LOCAL GOVERNMENT UNIT (LGU) FOR WETLAND ALTERATIONS AS REQUIRED BY THE WETLAND CONSERVATION ACT OF 1991 The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously, RESOLUTION NO. 93 -209 Member Dave Ruscne introduced the following resOution and moved its adoption: RESOLUTION DESIGNATING THE WEST MISSISSIPPI WATERSHED COMMISSION AS THE LOCAL GOVERNMENT UNIT (LGU) FUR WETLAND ALTERATIONS AS REQUIRED BY THE WETLAND CONSERVATION ACT 1991 The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -210 Member Dave Ruscnc introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PAR "1'10PATING 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 Barb Kalligher, and the motion passed unanimously. RESOLU'T'ION NO. 93 -211 Member Dave Roscne introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE LIONS CLUB OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Barb kalligher, and the motion passed unanimously. 12/6/93 - 2 - RESOLUTION NO, 93 -212 Member Dayo Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF FUAD REVEIZ FOR HIS ASSISTANCE AND DEDICATION TO COMMUNITY SERVICE WITH THE BROOKLYN CENTER POLICE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. CONSIDERATION OF SPECIFIED LICENSE There was a motion by Councilmember Rosene and seconded by Councilmember Kallighcr approving Transfer of Class B and Sunday On -sale Intoidcating Liquor License from Chi- Chi's Midwest, Inc,, DBA Chi -Chi's Mexican Restaurante to Chi -Chi's USA, Inc., DBA Chi- C ., ht xi s Me can Restaurante, LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the following list of licenses; GASOLINE SERVICE STATION Brooklyn Center Municipal Garage 644 Shingle Creek Pkwy Brooklyn Center Service, Inc, 6245 Brooklyn Blvd Northern States Power Company 4501 68th Ave N MECHANICAL SYSTEMS Advcuiccd Energy Services, Inc. 3650 Annapolis Lane Cedarview Heating and Cooling, Inc. 19187 Main 5t NW O'Keefe Mechanical, Inc. 7251 Washington Ave S RENTAL DWE INGS Tracy Rice 5801 Ewing Ave N Richard Arntson 4220 Lakeside Ave N SIGN HANGER Lawrence Sign 945 Pierce Butler Route TOBACCO RELATED PRODUCT Brooklyn Center Municipal #1 1500 69th Avc N Brooklyn Center Municipal #2 6250 Brooklyn Blvd Brooklyn Center Municipal #3 1966 57th Ave N The motion passed unanimously. 12/6/93 -3- APPROVAL OF MINUTES NOVEMBER 15, 1993 - WORK SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to approve the minutes of November 15, 1993, special work session as printed. Councilmember Scott abstained and the motion passed. RRESENJAIJON County Commissioner Mike Opat indicated he apprc-ciated the help of Brooklyn Center staff in several policy revisions made in connection with the County. He also explained a future project he would detail later regarding Brookdale and said in reference to the large crowd gathered for the meeting he would help send Joe Carrel packing. He mentioned the County has recently become smoke free. DISCUSSION ITEMS Mayor Paulson explained thcrc would be a change in the order of the agenda to prevent audience members from waiting. ORDINANCES The City Manager explained an Ordinance Amending Chapter 23 of the City Ordinances Regarding Tobacco Related Products. He said the ordinance was developed last summer and indicated the City has received calls from various organizations such as the Association for Non - Smokers, as well as letters indicating both support and disapproval of the ordinance. He said the draft of the ordinance has been reviewed by the City Attorney. Councilmember Rosene said he was flattered by the television and media coverage of the issue, but it seemed to hint a common sense issue. He said he suggests the Council move expeditiously to get the ordinance passed and on the books. Mayor Paulson explained this is a first reading, and if passed there will be a date set for a second reading. He asked the audience to refrain from applause and repetition, as well as to state their name and address if speaking to the Council, and opened the meeting for citizen comment. Mr. Archie Anderson, 9931 NW Lark, Coon Rapids, said he wondered if anyone has ever explained to the children what they are giving up, He said he chooses to smoke and asked why anyone would want to throw away sQmething as valuable as the First Amendment of the Constitution when people fought wars to save their freedom. He said passing this type of legislation is a tern 'ble price to pay, Ms. Gretchen Griffin of the Hennepin County Prevention Coalition and staff person working with a project called "Send the Camel Packing" explained her organization's view that people in Hennepin County sce tobacco advertising as a problem because of the powerful influence it has on attitude about chemical use to young people. She gave several instances in which 12/6/93 -4- advertising had been shown to affect young people's decision to smoke, as well as instances in which members of the tobacco industry had been shown to be unconcerned about how advertising affects children, but rather concerned with selling cigarettes. She urged the Council to pass the Ordinance regarding tobacco advertising at the point -of -sale and indicated by taking such leadership others would follow in similar action. Ms. Vi Kanatz, 2901 O'Henry Road, explained she had lost her speaking voice from smoking and uses her esophagus instead of vocal chords. She explained she had started smoking at 13, and was definitely influenced then by advertising. She mentioned the government had sent cigarettes in the aid packages to soldiers overseas without realizing then how dangerous they would become, but now it's too late because smokers are addicted. She said of people in her position she is one of the Iucky ones because she is still alive. She asked Brooklyn Center to take the lead and not to deny reducing the impact of advertising on those who are very vulnerable. Ms. Elizabeth Rogish, a girl scout, said all advertising should be removed from public places. She recommended raisin g the p g rice of cigarettes so high that no one can afford to smoke. Ms. Karen Reineke from Edina said she is in the 6th grade and sees kids smoking in the bathroom, A student from Southview Middle School asked the Council to take away ads for cigarettes. She said she thinks second -hand smoke is even worse and no one should smoke. Ms. Laura Weston from the Leo Club said advertising says to people her age it's O.K. to smoke. Ms. Jacklyn Ann Madson, a seventh grader, said she saw the roe Camel cartoon and at first thought smoking was really cool. She said she now thinks it's really uncool. Ms. Kathy Iverson, the Leo Club leader, explained she and her club would be going to the Edina City Council to try to get similar legislation passed. She expressed her excitement about what Brooklyn Center is doing. Councilmember Scott asked Ms. Iverson what is being done by Edina school administrations about smoking in the bathrooms. Ms. Iverson said the bathrooms are monitored and smoking leads to a one -day suspension, with a new addition of a possible police citation issued. Councilmember Rosene asked what the Leo Club is, and Ms. Iverson explained it is a group sponsored by the Lions Club for children. 1216/93 -5- Dr. Mark DePaolis explained he is a practicing physician in Brooklyn Center who sees the issue as a very simple one. He said smoking is bad for people and he sees the effects every day. He said the only reason to advertise is to sell more cigarettes, which is also had. He explained people who would be in opposition to this ordinance stand to gain something from the sale of cigarettes. He explained he tells 5 -15 people a day to quit smoking, but very few of them will because they are so addicted, and it is even harder to quit when there are reminders in every public place, He encouraged the Council to get rid of sign advertising in stores. Ms. Audrey Beck, 5601 Judy Lane, explained she had been at Brookdale when a child ran up to her and spit at her while saying he hated her because she smoked. She said she was not even smoking at the time, but she feels kids are being taught intolerance of smokers in school and she doesn't think it's right. She said she stM has the right to smoke, but her right to shop for cigarettes has been taken away because cigarettes are behind counters. She asked if advertising of this type is taken away, what freedom will be taken away next'! She asked if anyone thought cookies are good for kids, and if maybe cookie manufacturers should be forbidden to advertise also. Ms. Beck said since she is a smoker she is obviously not wanted in this community and advised the Council to save money to purchase all the homes of smokers so they can be moved out. She said she could put together a large group of people who would disagree with the ordinance and encouraged the Council to stop and take a look at what they are doing. Ms. Donna Ziska, 5455 Brooklyn Boulevard, explained she is a part of the Non - Smoking Association and Orandparents Preserving Families, She said nobody is here to take any rights away, but advertising should change its format. She showed magazines from the 1940's and explained their impact over the years, but said now it seems the ads are geared directly toward young, people. She said adverting should only be directed at adults and urged the Council to limit advertising for anything addictive that is targeted toward children. Mr. Brian Bates, an attorney from St. Paul, explained his opinion the ordinance legislation does not violate the First Amendment which has a continuum with different types of freedom of speech, from political speech to commercial speech. He said there are two areas or tests which help to determine if legislation is fair: the constitutional area and pre- emption. He said the ordinance would pass both tests based on smoking for minors being an illegal activity and a substantial concern that does not cause any chaos. He left information with the Council and offered to answer any questions later. Ms. Jennifer Paulson, 3216 Poe Road, explained she is an educator who is appalled anyone could consider educating children about the perils of smoking as bigotry. She explained teachers are giving kids problem solving skills and showing them cigarettes rob them of their health and their money. Mr. Donald L. Funk, 712$ Willow Lane, said he had a laryngectomy and asked where the "Send Joe Camel Packing" people were in 1948 when he started smoking. He gave his 12/6193 -6- phone number and asked anyone who had a problem with the ordinance to call him. He said to the Council "If you really want to put yourselves on the map, ban cigarette sales altogether!" He said he was diagnosed with cancer 5 years ago and is now sitting and waiting for it to worsen. He said the Council doesn't have to sit and wait for anything but can do something and do it now. Jeff Lustree, 7111 65th Avenue North, said he goes to Evergreen Park Elementary School and can't relieve how young the kids are at his school that are smoking. Ms. Lisa Lustree, Jeffs mom at the same address as above, explained her son had asked to come to the Council meeting on his own after Mrs. Darling had asked him how he felt about advcrtising in the stores. She then explained she had smoked since she was nine years old and is now thirty. She said ,She has another son with asthma, and because of what she's seen tonight, she will never smoke again. Councilmember Rosene wished her the best of luck. Mr. John Fogarty, a resident of St. Paul, said what the tobacco industry is doing is: heinous because smoking is known to cause death yet it is an allowed substance, Ms. Kathleen Ditter, 6053 Emerson Avenue North, commended the Mayor for his work. She gave a list of names of people in support of the ordinance to the Council. Ms. Diane Swanson, 1006 Willow Lane, explained she also had a petition supporting the ordinance to reduce advertising of tobacco in Brooklyn Center. She said a vote by the Council in support of the ordinance reflects the dcsires of the citizens and is a courageous step. Mr. Neil Minikus said he is a retailer who agrees ads targeted to kids should be taken away, but he hasn't seen any advertising in his store that is only directed toward kids. He said he sells cigarettes for personal gain and pays taxes to Brooklyn Center from his business, but he does not want advertising for tobacco taken away from adults. Ms. Judy Knapp from the Minnesota Coalition for Smoke -Free Society 2000 spoke to strongly support the ordinance as it will send a message to tobacco companies and to Minnesotans, as well as being in the best interest of children, Ms. Jeanne Weigum, President of the Association for Non Smokers of Minnesota, clarified the size of her organization and its budget and explained under this ordinance retailers could still give factual information about products and prices as long as it is just facts, Mayor Paulson called for discussion by the Councilmembers. 1216/93 -7- Councilmember Mann explained she supports the idea of protecting children as our most valuable resource by using sensible safeguards to prevent illegal smoking by minors. Shc said the ordinance is a step in the right direction, but because of the responses from children at Evergreen School, she believes banning advertising only at the point -of -sale is not enough aS magazine ads and other ads will still be present. She said she would support a limiting of tobacco products and recommended tabling the ordinance to discuss an actual limit on consumption. Councilmember Kalligher said she agreed with some of what Councilmember Mann said and is pleased with steps that have been taken such as putting cigarettes behind counters. But she said she could not support the ordinance unless there are other cities to share in the legal burden if the ordinance is challenged. She asked the Council how much they want to spend because of this and said the City can't afford it. She concluded unless there is more support, she could not vote for the ordinance, Councilmember Rosene said he is sorry the tobacco industry is so strong that it causes people to be afraid to do what is right because of the cost of a potential legal battle. He said in spite of the possibility of legal battles he thinks the City would win because the ordinance would pass the tests referred to by Mr. Bates. He said there is nothing wrong with trying to prevent minors from breaking the law and therefore the ordinance is within the rights of the City. He added there must be some limit to free speech, for example, one cannot yell "Fire" in a crowded public place. He also said he does not support jobs just for the sake of jobs if the product is harmful to the community, and he does not think tobacco smoking will be around forever so people in the tobacco industry should wise up and make a living in a legitimate way. Councilmember Kalligher said the City must invest in its youth. She explained the budget is always being cut, and asked "Why not take the money we would spend on litigation and support the children so that they are not enticed by Joe Camel? ". Councilmember Rosene said he thinks this ordinance is worth far more in principle than the cost of any litigation. Councilmember Scott said she has two parents who died of cancer but still thinks every human being has the right to "sign his own death warrant if he wishes." She said if this ordinance is to be a test case she would like to see it revised to limit advertising geared toward children or young adults. Councilmember Rosene said it is asking too much to delineate what is geared toward children and what is not. He said an advertiser could say an ad wasn't intended to appeal to children even if it did. Councilmember Scott said she didn't even notice the ads in the stores. 12/6/93 - 8 - Mayor Paulson said he would hate to see this ordinance tabled to broaden it, and he also had to support avoiding legal fees to the City, He said the City does need to fund things for youth but that is a separate issue. He explained this ordinance says we are putting a Premium importance on our youth, so he would like to see the effective dates extended for the purpose of gaining broader support from other cities that would have the same effective elate, He said that way they could share the burden that comes with leadership. Mr. Bates said he had no doubt there would be many attorneys who would offer pro -bono legal assistance. Councilmember Rosene said he thought the Mayor's comments were very wise and said he would make a motion to adopt the resolution with later effective dates. He asked the Council what date they would accept and six months was mentioned. The City Attorney said he thought extending the effective date to be a good idea which would be an advantage to store keepers who have some expense in removing advertising and reduce the City's exposure to damages if a suit is brought before the effective date, me, added the offer of legal help was generous of Mr, Bates, but the League of Trust may or may not want to accept volunteer legal help because of liability. He then listed changes he would like to recommend in the wording of the ordinance to .increase defensibility, mostly to make the ordinance more specific for the benefit of p e minors. Councilmember Scott asked why there is no penalty included in the ordinance. The City Attorney explained the ordinance is an addition to the City Ordinances and the P ty penalty is already included in the existing legislation. The City Manager said he would check into that and add a penalty if it didn't already exist. Mayor Paulson offered the date of July 1 for the effective date and asked if there would be a second to the motion made by Councilmember Roscoe. Councilmember Mann said she cannot support an ordinance that does not get anything done, Councilmember Scott asked Councilmember Mann how she proposed it should be different. Councilmember Mann said there are other countries that are much more prohibitive of smoking and we could follow their lead. She said this ordinance does nothing about magazine ads. Councilmember Kalligher asked Councilmember Munn if she was saying there should be a ban on all cigarette advertising. 12/6/93 - 9 - Councilmember Mann said there should not be a ban on advertising, but a ban on sale of the product. Mayor Paulson y said he would second the motion made earlier by Councilmember Rosene. The City Manager asked the Council to pick a date for the second reading, and it was decided the first meeting in February would be the second reading, Councilmember Rosene said he could appreciate the comments of Councilmember Mann but asked her to at least help make a small step in the right direction. Councilmember Mann said it would make no difference. There was a motion by Councilmember Rosene and seconded by Mayor Paulson to approve first reading of an Ordinance Amending Chapter 23 of the City Ordinances Regarding Tobacco Related Products with the addition of July 1, 1994, as the effective date and with changes suggested by the City Attorney. A recess was called at 9:00 p.m. and the City Council reconvened at 9:12 p.m. Mayor Paulson said before a vote is taken he wanted to say that as much as he favors the ordinance, his bottom line is his duty to the taxpayers of the City, He said if by the effective date there are no other cities willing to be involved the Council would have to take another look at its decision to pass the ordinance if that was the decision reached this evening. Voting Aye: Mayor Paulson and Councilmembers Kalligher, Rosene, and Scott. Voting Nay: Councilmember Mann. The motion Passed. -ORDINANCES - CONTINUED The City Manager introduced an Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licensing; Requiring the Posting of Signs to Warn Pregnant Women of the Effects of Alcohol Consumption and offered it for first reading. Councilmember Mann expressed her opinion this is a fine addition to the ordinances, but added she would like to see morc action than just signs. Shc said she would like to sec the City take a look at its municipalities. There was a motion by Councilmember Mann and seconded by Councilmember Rosene to approve first reading of an Ordinance Amending Chapter 1l of the City Ordinances Regarding Liquor Licensing; Requiring the Posting of Signs to Warn Pregnant Women of the Fffects of Alcohol Consumption. The motion passed unanimously. 12/6/93 10 PUBLIC HEARINGS The City Manager explained the proposed issuance of revonue bonds to finance a program for the acquisition and rehahiiitation of a multifamily housing development (The Ponds) and offered the applicant a chance to address the Council, Mr. Richard Berstad of the Community Housing Development Corporation explained his organization's interest in purchasing the property to rehabilitate it and improve the quality of the property. He asked the Council to approve the resolution. Mayor Paulson opened the meeting for the purpose of a public hearing on Proposed Issuance of Revenue Bonds to Finance a Program Under Minnesota Statutes Chapter 462C for the Acquisition and Rehabilitation of a Multifamily Housing Development at 9:17 p.m. He inquired if there was P anyone resent who wished to address the it No Y Counc . one appeared. There was a motion by Councilmernber Scott and seconded by Councilmember Kalligher to close the public hearing at 9;18 p.m. The motion passed unanimously. Councihnember Mann said she was not at the meeting when this issue was discussed but she is in support of the Issuance The City Manager explained the City has no financial responsibility or obligation regarding this rehahilitatinn. Councilmember Scott said she is pleased to see this organization taking over The Ponds and said she welcomes them to Brooklyn Center. RESOLUTION NO. 93 -213 Member Barb Kalligher introduced the following resolution and movcd its adoption: RESOLUTION AUTHORIZING THE FINANCING OF A HOUSING PROGRAM UNDER MINNESOTA STATUTES, CHAPTER 4620, AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (THE PONDS FAIMILY HOUSING PROJECT), SERIES 1993, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $5,440,000 TO FINANCE THE PROGRAM, APPROVING AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. PLANNING COMMISSION ITEM The City Manager introduced Planning Commission Application No. 93015 submitted by the City of Brooklyn Center regarding requests to rezone from C2 (Commerce) and R5 (Multiple Family Residence) to C1 (Service /Office) three parcels of land located at the S.E. 12/6/93 - 11 - Quadrant of T.H. 252 and 66th Avenue North. He said this application was recommended for approval by the Planning Commission at its November 18, 1993 meeting. The Planning and Zoning o Specialist h w g g s o ed the properties on an overhead and explained briefly the history of these properties. He explained the necessary action in order to approve the Planning ommission's recommendation and reviewed g matters from the SEH Study as they pertained to decisions made by the Planning Commission, He said the proposed ordinance amendment descnbing the property to be rezoned is considered a housekeeping measure and explained the recommended action for the Council, Councilmember Rosene asked if a Planned Unit Development was considered, and the Planning and Zoning Specialist said because there is no plan in hand the rezoning should be accomplished in this way, but he said a Planned Unit Development is an option for the future, Councilmember Scott expressed her view this rezoning is long overdue and will help to develop proper uses for this land as a buffer between T.H. 252 and a residential neighborhood, Councilmember Mann agreed the action has been needed for years. RESOLUTION NO, 93 -214 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 82 -255 (COMPREHENSIVE PLAN) RELATIVE TO CERTAIN LAND LOCATED AT THE SOUTHEAST QUADRANT OF T.H. 252 AND 66TH AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION 0.93 -215 Membcr Kristen Malin introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO, 93015 SUBMITTED BY THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. ORDINANCES - CONTINUED There was a motion by 0vun4iLueinber Kallighor and seconded by Councilmember Scott to approve first reading of an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. The motion passed unanimously, 0 12/6/93 - 12 - P BLI _ HEARINGS - CONTINUED Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Vacating a Drainage and Utility Easement in Tract E, Registered Land Survey No. 546 at 9.42 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Mann and seconded b Councilmember Sc sc Y Scott to clo the public hearing at 9.42 p.m. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Mann to table actual adoption of the ordinance until evidence of the new easement is submitted and approved by the City. The motion passed unanimously. PUBLIC HEARINGS - CONTINUED Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land at 9:45 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared, There was a motion by Councilmember Scott and seconded by Councilmember Mann to close the public hearing at 9:45 p.m. The motion passed unanimously. The City Manager and Planning and Zoning Specialist recommended the actual adoption of the ordinance be tabled until final plat approval is received. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to table adoption of An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land until final plat approval is received. The motion passed unanimously, DISCUSSION ITEMS - CONTINUED The City Manager introduced the proposed City Council Work Session and Meeting Schedule for 1994. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to approve the schedule as proposed. The motion passed unanimously. MAYORAL APPOINTMENTS Councilmember Mann stated all those having servcd oil dle various commissions havc done a good job and would serve well if reappointed. She added those who are new applicants would also serve the City well. She also recommended for the Ad Hoc Task Force anyone who has applied be able to serve, 12!6!93 -13- AD HOC COMMUNICATIONS TASK FORCE Councilmember Rosene asked if there is a limit to the number of members who can serve on this task force. The City Manager responded he thought there is a limit but that could be amended if it was the desire of the Council. Mayor Paulson explained there are four vacancies and asked for confirmation of his recommendation to appoint Linda Smith, Sharon Achtelik, Julie Doth, and William Alexander. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to confirm these appointments to the Ad Hoc Communications Task Force. The motion passed unanimously, HUMAN RIGHTS AND RESOURCES COMMISSION Mayor Paulson recommended the three members of the Human Rights and Resources Commission who have reapplied all be reappointed. Those members are Trayce OlSen, Sharon Achtelik, and Julie Eoloff. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to confirm the appointment of the three members of the Human Rights and Resources who have reapplied, The motion passed unanimously. HOUSING COMMISSION The Mayor recummcndcd all tl=i: applicants, John Kalligher, Keith Tuttle, and Vince Opat be appointed. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to appoint John Kalligher, Keith Tuttle, and Vince Opat to the Housing Commission. The motion passed unanimously. FINANCIAL ! O,09 ISSION Mayor Paulson recommended Donn Escher be reappointed to the Financial Commission. Though there are still two vacancies, he said he would like time to talk with Ulysses Boyd and Ron Christensen before making two more appointments. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to confirm Mayor Paulson's appointment of Donn Escher to the Financial Commission. The motion gassed unanimously. PARK AND RECREATION COMMISSION Mayor Paulson recommended Bud Sorenson and Kay Lasman for appointment to the Park and Recreation Commission. Councilmember Kalligher asked if John Russell had been contacted and recommended since he is a present member ho be contacted before someone else is appointed to his position. 12/6/93 -14- Mayor Paulson explained his opinion against appointing people who are receiving compensation from the City, which is the case with Mr. Russell. Councilmember Manna agreed it would be better to contact Mr. Russell before finalizing that gr $ appointment. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the Mayor's appointment of Bud Sorenson to the Park and Recreation Commission. The motion passed unanimously. PLANKING COMMISSION Mayor Paul= r"vmmended Ellamae Sander, Richard Campbell, and Donald Booth for appointment to the Planning Commission, Councilmember Kalligher asked if Bertil Johnson and Mark Holmes had been contacted and asked they be contacted before finalizing the appointments of these two positions. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the Mayoral appointment of Ellamae Sander to the Planning Commission. The motion passed unanimously, RECESS TO EUCI_TTIVE SESSION QF THE CITY COUNCIL There was a motion by Councilmember Rosene and seconded by Councilmember Mann to call a recess for the purpose of reconvening in the executive session after the EDA Meeting is completed. The motion passed unanimously. The Brooklyn Center City Council recessed at 10,04 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton Time-Saver Off Site Secretarial 12/6/93 -15 - - 74 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL O>~ THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 10, 1994 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL. CALL Mayor Todd Paulson, Councilm Y embers Celia Scott Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Finance Director Charlie Hansen, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, Public Works Coordinator Diane Spector, and Council Secretary Kathy Stratton. OPENING CEREMONIES The invocation was observed with a moment of silence. EMPLO ERVICE RE O NITI NPR RAM The City Manager explained this is the 15th annual presentation by the Council of service awards to City employees to recognize years of service to the City. The City Manager named three employees with twenty years of service: Robert Dirks, John Ptak, and Ronald Warren IL Mr. Dirks and Mr. Ptak were unable to attend the meeting, but Mr. Warren appeared to receive his award. The Finance Director gave a short presentation about Mr. Warren's history with the City, and Mayor Paulson and the Council congratulated him on his service as he was presented with a plaque. The City Manager explained of two people to receive awards for 30 years of service, Gary Giving and Donald Sollars, only Mr. Sollars was present. The .Finance Director told of Mr. Sollars' starting date with the City along with a history of his service. Mr. Sollars received a plaque and accepted the congratulations of the Council and the audience. The Finance Director gave a short explanation of the 25 years of service accomplished by Greg Weeks, and the City Manager presented him with a plaque also. There were congratulations and applause. 1/10/94 - 1 - 0 The Mayor explained the tradition of the Council to recess for the purpose of a short reception in honor of the dedicated service of these City employees. The Council recessed at 7:07 p.m. The Council reconvened at 7 :24 p.m. OPEN FORUM Mayor Paulson noted the Council had received two requests to use the open forum session this evening, Mr. Thomas Briant came forward and explained he represents the Minnesota Coalition of Responsible Retailers and wanted to address the issue of the tobacco ordinance. He said constitutional issues can be complex and provided an outline of his comments as well as several articles and a summary of his research to the Councilmcmbers, Mr. Briant explained in regards to the Constitution, commercial speech is afforded certain protection. He said the general rule by the Supreme Court is that government cannot limit frcc speech simply because it disagrees with the advertising message. He said although the tobacco ordinance may be popular, it is illegal, and suggested options that are less restrictive be considered so as not to violate the First Amendment. Mr. Briant said he would be available for questions and would be appearing at the next Council meeting as well. Mr. Bob Peppe approached the Council to speak about Establishing Standards of Conduct at Public Meetings, but because it was already an agenda item, it was recommended that he should wait. COUNCIL REPORTS Mayer Paulson reminded the C,ouncilmembers of two upcoming breakfast meetings and the grand opening of Wcndy's, as well as a meeting scheduled for Wednesday, January 12, 1994, at the Holiday Inn, Mayor Paulson named the winners of the Recycling Awards and expressed his congratulations to them, while encouraging citizens of Brooklyn Center to keep recycling. Councilmember Kalligher requested two discussion items be added to the agenda for this evening's meeting. Item De regarding the Crime Forum and 13f regarding the Director of Public Works Sy Knapp's retirement. Councilmember Rosenc expressed congratulations to Geralyn Barone and her husband on the birth of their baby, Marcus ,fames, 1/10/94 -2- Mayor Paulson asked the Council to review the request for proposals on legal services to the City and recommended it be put on a future agenda. Councilmember Mann asked to add item 13 o the Agenda g t e ge a regarding City Council liaisons to citizen commissions. SELECT PRESIDING OFFICERS MAYOR PRQ TEM There was a motion by Councilmember Mann and seconded by Councilmember Rosene to nominate Councilmember Barb Kalligher for Mayor Pro Tem. Councilmember Kalligher abstained from voting and the motion passed unanimously, ACTING MAYOR PRO TEM Cowlcillueinber Rostax cumiumitud thr. Council Resolution dictates the Acting Mayor Pro Tern would be Councilmember Scott or the most senior member. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Mann requested the minutes of December 6, 1993, be removed from the Consent Agenda. Councilmember Kalligher requested Item 14f be removed from the Consent Agenda, Mayor Paulson requested item 14k be removed from the Consent Agenda. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the January 10, 1994, agenda and consent agenda minus the items listed above. The motion passed unanimously, APPROVAL OF MINUTES DECEMBER 6. 1993 - REGULAR SESSION Councilmember Mann explained her requGSt for a change on page 10 of the December 6, 1993, minutes and asked that they be pulled, corrected, and then brought back at the next Council meeting. DECEMBER 20 1993 - REGULAR SESSION There was a motion by CouncEmember Scott and seconded by Councilmember Kalligher to approve the minutes of December 20, 1993, regular session as printed. The motion passed unanimously. PROCLAMATIONS There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to adopt a Proclamation Declaring January 17, 1994, as Martin Luther King Jr. Day. The motion passed unanimously. 1/10194 -3, - RESOLUTIONS RESOLUTION NO. 94 -01 Member Celia Scott uitroduwd the following resolution and moved its adoption: RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, FLED01NU FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO, 94 -02 Member alia Scott introduced the following resolution find moved its adoptions: RESOLUTION DESIGNATING OFFICIAL NEWSPAPER The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -03 Member Celia Scott introduced the following resolution and muvcd its aduptiuu: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ULYSSESS BOYD FOR HIS DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Barg Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -04 Member Celia Scutt introduced the following resolution and moved its adoption; RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) COMPACT MINIVAN FOR FIRE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 1/10/94 -4- RESOLUTION NO 93 -05 Mcmbcr Celia Scott introduced the following rC8Oltjt.io11 and rngvGxl it aduptivn; RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND NORTH HENNEPIN MEDIATION PROJECT FOR MEDIATION SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO 94 -06 Mcmbcr Celia Scott introduced the following resolution and moved its adoption. RESOLUTION AWARDING LIQUOR LIABILITY INSURANCE CONTRACT The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO 94 -07 Member Celia Scott introduced the following resolution and moved its adoption; RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously, RESOLUTION NO. 94 -08 Mcmbcr alia Scott introduced the following resolution and moved its adoption; RESOLUTION ESTABLISHING AN INTEREST RATE ON LOANS FROM THE INVESTMENT TRUST FUND TO OTHER FUNDS OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -09 Member Celia Scutt intrvdtic:cd the fallowing resolution and moved its adoption: RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE THIRD -PARTY AGREEMENTS FOR YEAR XIX UKBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 1/10/94 -5 - RESOLUTION NO 94 -10 Member Celia Scott introduced the following resolution and moved its adoption; RESOLUTION AUTHORIZING THE PURCHASE OF FIVE 5 POLICE SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously, RESOLY7�ON NO 94 -11 Mcmbcr Celia Scutt intruduced the fulluwing resolution and inoveri its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) COPIER/DUPLICATOR The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously, LICENSES There was a motion by Counctmember Scott and seconded by Councilmember Kalligher to approve the following list of licenses: BOWLING ALLEY Earl Brown Bowl 6440 James Circle COURTESY BEN CH U.S. Bench Corporation 3340 Snelling Avenue GASOLINE SERVICE STATION Christy's Auto Service 5300 Dupont Avenue North Davies Water Equipment Co, 4410 Lakebreeze Avenue North Maclean Bloedel 4810 North Lilac Drive Neil's Superette 1505 69th Avenue North SuperAmerica #4058 1901 57th Avenue North SuperAmcrica #4160 6545 West River RQad Wes' Amoco 6044 BrQQklyn Blvd. MECHANICAL SYSTEMS Rouse Mechanical, Lic. 11348 K -Tel Drivc Sharp Hcating and A/C 4854 Ccntral Avenue NE POOL AND BILLIARD TABLES C.D.L. 1317 Jeffcrson IIighway Brooklyn Center Community Center 6301 Shingle Creek Parkway Duds 'n Suds 6824 Humboldt Avenue North Lynbrook Bowl 6357 North Lilac Drive 1 /10/94 -6- PUBLIC AN Earle Brown Bowl 6440 James Circle RENTAL D—WILLINGS Rcncwal; Bjorn/Barbara Carson 6331 -25 Beard Avenue North Sharon Fratzke 4201 Lakeside Avenue North #208 Dakota's Children 5449 Lyndale Avenue North Alan/Laurie Knudson 5547 Lyndale Avenue North Gary/Danae Morrison 5104 East Twin Lake Blvd Lean Whipp/Karen Barton 5127 East Twin Lake Blvd T.L. Hartmann 1300 68th Lane North TOBAMQ RE LA D CT Applebee's 1347 Brookdale Center Country Store 3600 63rd Avenue North Drug Emporium 5900 Shingle Creek Parkway Earle Brown Bowl 6440 James Circle Jerry's New Market 5801 Xerxes Avenue North Neil's Superette 1505 69th Avenue North SuperAmerica #4058 1901 57th Avenue North SuperAmerica #4160 6545 West River Road Target 6100 Shingle Creek Parkway Wes' Amoco 6044 Brooklyn Blvd The motion passed unanimously. APPROVAL OF MINUTES - CONTINUED DECEMBER S. 1223-- TRUTH -IN- TAXATION BUDGET HEARING There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the minutes of December 8, 1993, Truth -In- Taxation Budget Hearing as printed. Councilmember Rosene. abstained from voting, and the motion passed unanimously. DECEMBER 15. 1993 - TRUTH-IN-TAXATION BUDGET HEARING There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the minutes of December 15, 1993, Truth -In- Taxation Budget Hearing as printed. Councilmember Kalligher abstained from voting and the motion passed unanimously. MAYORAL APPOINTMENTS PLANNING COMMISSION Mayor Paulson named his uppointmcnts fUr the Plazitung Commission as Donald Booth and Richard Campbell and asked the Council to put the issue of reappointments into perspective, He said the way the Charter reads is appointments are made by the Mayor and 1/10/94 -7- confirmed by the Council. He said there is no reason not to confirm the people he has appointed, and he reviewed their qualifications for the Council. He said both appointees are in the audience and could address the Council if they desired. Mr. Donald Booth thanked the Council for the opportunity to speak to them. H . 1?p tY a said he P lives in Brooklyn Center because ho likes the small -town attitude and wants to be on the Planning Commission to help it stay that way. He said he sees zoning issues as an important way to form a community and keep crime at a standstill, He $aid he is a legal assistant with a wife, three children, and one on the way. He offered to answer any questions for the Council. Mr. Richard Campbell explained he has lived in Brooklyn Center several years and wants to get involved in City government, He said he works for a contractor in the Chanhassen area as a foreman. He said he is a rookie as far as serving on a Commission but willing to learn. There was a motion by Mayor Paulson and seconded by Councilmember Rosene to appoint Donald Booth and Richard Campbell to the Planning Commission, Voting Aye Mayor Paulson and Councilmember Rosene. Voting Nay: Councilmombcrs Kalligher, Scott, and Mann. The motion failed. Councilmember Scott said she was not trying to pre -empt the Mayor's right to appoint commissioner$, but she does have a distinct problem with not re- appointing applicants who have done a good job. She continued Brooklyn Center is a "Something More" city. She said she considers not re- appointing someone who has done a good job a slap in the face and contradictory to what Brooklyn Center stands for, She said she did talk to both former members of the Commission who have re-applied, and in the case of Bertil Johnson she understands he might not be re- appointed because he is gone three months of the year, But she said in the case of Mark Holmes, who has not oven missed a meeting, it is just not right to appoint someone else. Councilmember Mann concurred and added our citizens who serve on Commissions want to make a diffcrcncc, She said Mark Holmes has done an excellent job and she would like to see him continue on the Planning Commission. Councilmember Rosene said he would take a different opinion. He said it is important to allow others who have energy and enthusiasm to serve our City. He explained his seconding of the motion was not a slap in the face to Mr. Holmes or Mr. Johnson, but he thought because the City elected Mayor Paulson and gave him the chance to make his imprint on the City, appointing is part of his right. Councilmember Kalligher said she did not want Mr. Booth or Mr. Campbell to think she had anything against them, but she had served on the Planning Commission with both Mr. Johnson and Mr. Holmes. She said Mr. Johnson was gone a lot, but Mr. Holmes served well and she would like to see him continue. 1/10/94 -8- Councilmember Scott added continuity is important on the Planning Commission. She said the first two years can be a learning experience since things can come up that are hard to understand, and she would like to see Mr. Holmes continue since many on the commission are new members. Mayor Paulson said there needs to be a reason to turn down any of his appointed applicants. Councilmember Scott said the reason is they are new and don't know City Ordinances. Mayor Paulson quoted from the application of Mr. Holmes that he had missed an average of one meeting per year. He said appointments are not lifetime appointments, and according to the Charter that evaluation is to be made by the Mayor. He said both applicants have experience and asked the Council to find a deficiency, He said he had only met the new applicants today and did not know them, but thought it best to appoint people like them who are interested in Serving the communit Councilmember Scott said she had read the applications over several times and added the Charter also gives the Council the right to accept or reject appointments. There was a motion by Mayor Paulson and seconded by Councilmember Kalligher to approve appointment of Donald Booth to the Planning Commission. The motion ass g passed unanimously. PARK AND RECREATION COMMISSION There was a motion by Mayor Paulsen and seconded by Councilmember Rosene to approve the appointment of Kay Lasman to the Park and Recreation Commission. Councilmcmbcr Rosene said his second was for the same reason as his second on the Planning Commission appointments. The motion passed unanimously. PROCLAMATIONS - CONTINUED There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to adopt a Proclamation Declaring January 23, 1994, as POW/MIA National Day of Prayer. The motion passed tananimously, Ms. Renee Sheet appeared on behalf of the POW/MIA organization and explained there are 43 people still unaccounted for from Minnesota and 2,200 in the nation. She presented a flag to the City of Brooklyn Center which was donated by the Golden Valley VFW. Ms. Sheet introduced the chairmen of the Golden Valley VFW who appeared to present the flag. Mayor Paulson accepted the flag n behalf of the City of Brooklyn Center and the City S rY Y Council, Councilmember Rosene commented he had wondered why there had not already been such a flag displayed. 1110/94 -91 ORDINANCES The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Atkins property), He explained this Ordinance was first read on December 6, 1993, published in the City's official newspaper on December 15, 1993, and is offered this evening for a public hearing and second reading. He added this Ordinance relates to the rezoning of three parcels of land located at the Southeast Quadrant of T,H, 252 and 66th Avenue North from their current C2 (Commerce) and R5 (Multiple Family Residence) to C1 (Service /Office) as approved under Planning Commission Application No, 93015 submitted by the City of Brooklyn Center. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Lund (Atkins property) at 8;05 p.m. He inquired if there was anyone present who wished to address the CAuncil. Mr. Bob Peppe said the Council should be careful about rezoning before making a change. fie warned of litigation and also the loss in taxes, Mayor Paulson assured Mr. Peppe the Council had carefully considered the matter. Councilmember Rosene thanked Mr. Peppe for the warning and pointed out the cost to the City in the case of litigation would hopefully be less than the long -range cost of degeneration of neighborhoods. He said the City must be, willing to bear the cost of an ordinance that protects its citizens. He also said typically businesses are less productive for the City's revenue base than residences. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to close the public hearing at 8;46 p.m. The motion passed unanimously, ORDINANCE NO. 94 -01 Member Dave Rosene, introduccd the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (ATKINS PROPERTY) The motion for the adoption of the foregoing ordinance was duly seconded by member Barb Kalligher, and the motion passed unanimously. The City Manager presented An Ordinance Vacating a Drainage and Utility Easement in Tract E, Registered band Survey No, 546, He explained the vacation of this easement is in conjunction with the relocation of public, utilities at Omni Tool, 3500 -48th Avenue North. He added the public hearing and second reading of this ordinance were conducted on December 6, 1993, and the public hearing was closed. However, consideration of this Ordinance was tabled pending completion of all necessary documentation. He explained this 1/10/94 _10- documentation has now been completed and the Ordinance is recommended for adoption at this time. RD INANE NO, 94 -02 Member Darr Kalligher introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT IN TRACT E, REGISTERED LAND SURVEY NO. 546 The n for mono o the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented An Ordinance Vacating a Drainage and Utility Easement in Lot 1, Block 6, Wangstad's Brooklyn Terrace. He explained the vacation of this easement is in conjunction with redevelopment in the Brookdale Chrysler Plymouth site on Brooklyn Boulevard. He added this Ordinance was first read on December 20, 1993, published in the City's official newspaper on December, 29, 1993, and is offered this evening for a second reading and public hearing. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Vacating a Drainage and Utility Easement in Lot 1 Block 6, Wangstads Brooklyn Terrace at 8;07 p.m, He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion b Coun i m mb r o Council member c 1 e e Scott and seconded by Cou c member K.alligher to close the public hearing at 8 ;U7 p.m. The motion passed unanimously. _ORDINANCE NO. 93 -03 Member Kristen Mann introduced the following ordinance and moved its adoption: AN ORDINANCE VACA'T'ING A DRAINAGE AND UTILITY EASEMENT IN LOT 1, BLOCK 6, WANGSTAD'S BROOKLYN TERRACE The motion for the adoption of the foregoing ordinance was duly seconded by member Barb Kalligher, and the motion passed unanimously, The City Manager presented An Ordinance Amending Chapter 23 of the City Ordinances Regarding Alarm Systems, He explained this Ordinance was first read on December 20, 1993, published in the City's official newspaper on December 20, 1993, and is offered this evening for a public hearing and second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding Alarm Systems at 8:08 p.m. HG inquired if there was anyone present who unshed to address the Council. No one appeared. 1/10/94 Councilmember Scott asked the City Manager if there had been any comments from members of the community. The City Manager said there had not been any comments. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to close the public hearing at 8.08 p,m, The motion passed unanimously. ORDI ANCE NO 9304 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING ALARM SYSTEMS The motion for the adoption of the foregoing ordinance was duly seconded by member Barb Kalligher, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel. He stated this item is offered this evening for a first reading, He explained it amends the sick leave provision regarding accrual to become consistent with language approved by the City Council in the 1994 labor agreements with the City's bargaining units. Councilmember Rosene commented this would be appropriate since it is consistent with what other employees have, There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve first reading of An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel, The motion passed unanimously. DISCUSSION ITEMS 1994 PAY PLAN Councilmember Mann commented the former Police Chief received only $2,000 per year less than the current Police Chief, and that was after twenty some years of service. She said she is concerned the City is rewarding employees without incentive, There was a motion by Councilmember Mann and seconded by Councilmember Scott to keep the Police thief at the same pay level as he. received in 1993. Councilmember Rosene said he has not heard an official review of the Police Chiefs performance but would feel more comfortable voting on this issue if he had. Still, he said he would vote with Councilmembers Mann and Scott. Mayor Paulson said he was concerned when the level is this high that decisions are made on the basis of some sort of consistent policy rather than picking one position out and making a determination that way. 1/10/94 -12- Councilmember Roscnc asked how often reviews currently occur and asked if the C ouncilmembers were privy to that information. The City Manager explained reviews are conducted annually and an oral report of a review could be given to a Councilmember on request but not in writing due to privacy issues, The motion passed unanimously. Mayor Paulson addressed the topic of the City Manager's salary and said his recommendation is to extend the current contract for three months and then make a decision based on a performance review, Councilmember Kalligher said the City Manager has not had a raise since 1992 and she thinks he is entitled to one. Councilmember Scott said the policy of the Council conducting performance reviews has not gotten off the ground. She said the City Manager voluntarily did not take a pay raise last year, She said any raise he does get should occur at the same time the rest of City employees receive their raises, as it would not be fair to put him off, She said she feels he is justified to receive a raise and she can't think Qf any other employees who have voluntarily gone without a pay raise before. The City Manager explained in the past there have been several alternatives proposed to the Council regarding his salary but no agreement was reached on any one of them. Councilmember Rosene said regardless of what has happened in the past it would be good for this to proceed, He recommended the Council go to Executive Session to discuss the City Manager's performance. He said it is admirable that the City Manager went without a pay raise, and he did not see why he couldn't have the same 2.8% raise as other City employees. He said he would like Qpinions of others regarding going to Executive Session for the review and would like to set a date. Councilmember Scott asked who would do the evaluating and mentioned that is where the Council got stuck before. She said she would like it to be an Executive Session of the Council where all five members are present. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approvc Mr, Splinter's pay increase, The motion passed unanimously. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to set a date for Executive Session for the purpose of conducting a review by the date of February 28, 1994. The motion passed unanimously. 0 1/10/94 -13- ANNUAL REPORT FROM ADMINISTRATIVE TRAFFIC COMMITTEE The City manager explained this report is compiled and distributed annually regarding traffic projects for the year. The Public Works Coordinator explained one of the most conspicuous items in 1993 was the clarification of the Clear Yiew Triangle. She said there were 25 notices of violation sent out and compliance was received in 23 cases with two pending. 20 more notices are ready for spring and the procedure is still conducted on a complaint basis. She said speed humps have been installed on Unity Avenue that are now functioning well. The Public Works Coordinator continued load limits imposed in 1993 have been working as well. Councilmember Kalligher asked the Public Works Coordinator if she has heard complaints or requests for a stop sign because of traffic from little league games because some residents had mentioned it to her. The Public Works Coordinator said that case would re -open in the spring season. Councilmember Rosene asked if any radar results have been obtained regarding 69th Avenue North and the speed of traffic, and the Public Works Coordinator explained She had not yet seen results, but knew that at least a dozen citations have been written recently when police have been in the area enforcing speed. Councilmember Rosene said be thought 30 miles per hour was pretty slow for the road now that it is widened to four lanes. The City Manager explained the speed limit there was set because of residences on the street. Councilmember Scott commented the appearance of the road makes it seem like a road you could go raster on, and the Public Works Coordinator said the project still has somc landscaping to be done. She said landscaping will help, There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the Annual Report from the Administrative Traffic Committee. The motion passed unanimously, CAPITAL IMPROVEMENTS FUND EXPENDITURE POLICY The City Manager introduced the Capital Improvements Fund Expenditure Policy compiled by the Financial Commission and asked the Commission chairperson Donn Escber to address the Council. Mr. Donn Escher explained the idea of a policy started in 1992 and the current version represents considerable input and massaging of the procedure. He said this latest version has received unanimous consent by the Financial Commission. Councilmember Rosene pointed out items of concern when this was last discussed were the definition of emergency and the amendment of the policy needing four -fifths majority. He said since this is in resolution form it can be changed by another resolution if necessary. 1/10/94 -14- Councilmember Scott said the purpose of this policy is to set guidelines to evaluate requests for expenditures so each time a request comcs up it can be judged equitably. Councilmember Kalligher pointed out this was tabled because Councilmember Mann was absent. 7N Councilmember Mann said she thinks it is a good policy and she has no problem with any part of it. She said it is good to have guidelines to keep the Council in check on such decisions. There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the Capital Improvements Fund Expenditure Folicy as written. The motion passed unanimously. POLICY AND PROCEDURE ON MAYOR AND COUNCIL MEMBER TOTAL COMPENSATION _ The Financial Commission Chairperson Donn Escher explained this policy predates the present Council and was completed in February of 1993 but wasn't presented until now. He said the Financial Commission revisited and re- endorsed it in November of 1993 for submittal to the Council. He said it is important for the public to know the law provides for the City Council to set its own salaries, however the pay in Brooklyn Center is low when compared to other communities. He recommends a policy that service on the City Council is a service obligation and an honor rather than a way to make m n but co mp en sation g o c u hon y y� co p should be fair and equitable This policy calls for the City Manager to conduct a survey of Other metropolitan communities with similar tax bases and budgets biannually. In conclusion he said he recommends approval of the policy, Councilmember Mann commented it is difficult to set one's own pay. Councilmember Rosene said the policy is fair and added citizens ought to know the pay for Counchmembers in Brooklyn Center is below average. He said the compensation is not to him for what he is doing but rather to his family for the time he is gone. He suggested compensation should be at an accurate level when compared with other cities. Mayor Paulson said it is good to involve the Financial Commission in this issue which makes the issue of pay fair for people who serve the City and for citizens. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve the Policy and Procedure on Mayor and Council Mcmber Total Compensation. The motion passed unanimously. 1/10/94 -15 - CRIME FORUM Councilmember Kalligher explained she had received a fax from Peg Snesrud explaining a Crime Forum to be held Saturday, February $,1994, from 10 a.m, to 4 p.m. at Village North mall. She said there has been some confusion as to whether the Police Department could support pp rt this action without Council approval. The City Manager commented the Council had formerly made a motion regarding this forum but could make one this evening in support of the recent developments, There was a motion by Councilmember Rosene and seconded by Councilmember Mann to support the organization and conducting of a Crime Forum in conjunction with the City of Brooklyn Park. The motion passed unanimously. RESIGNATION OF THE I7IR CTOR OF PUBLIC WORKS The City Manager explained he had received oral notice of the forthcoming resignation of the Director of Public Works, Sy Knapp. He said Mr. Knapp's resignation letter would be sent out Shortly, and he is trying to work out an arrangement in which Mr. Knapp continues to serve the City in February and March for his input on several projects that are not completed. He said such projects include 1994 Street Improvements, Storm Water Pond project, City Garage, Water Management Plan, City Neater Plan, Brookdale project, and the 1995 Budget. The City Manager continued Mr. Knapp's new employer has allowed him to start at a later date, and City staff requests authorization from the Council to proceed in an arrangement for the transition between Mr. Knapp's leaving and the time a replacement is found, 0 Councilmember Kalligher wondered if a whole month and a half was necessary for the transition, and the City Manager explained it would take a tremendous amount of time to brief remaining staff members on several projects that arc 90 %v completed now. She suggested a cap be put on the transition time. Councilmember Mann commented on the amount of money it would cost for each month of this arrangement and the City Manager pointed out the cost is less to the City than the current arrangement. Councilmember Rosene said he is comfortable with a two month cap as one month is too short a time. Mayor Paulson stated he is equally concerned that a number of important projects proceed effectively rather than coming to a halt because of a change in personnel. He suggested the City be specific about what items should be completed during the transition time rather than setting a number of days or months. Councilmember Scott commented there are several major utility projects currently in process and training in new people adds to the work load considerably. $he said she has no problem 1/10/94 -16- with a two month cap so there is time for training new people even if someone is promoted from within. Councilmember Kalligher stated she thought the remaining staff in the department are very capable and the transition could he accomplished in one month, and C oxincilmember Scott said she did not disagree but want$ to make sure everything is covered, Councilmember Rosene suggested this be handled by a clause stating "not to exceed 60 days." Then, he said, if things go well the extra time. is not needed. Councilmember Mann suggested the Council receive a 30 day update on how the transition is going, and the City Manager agreed to that procedure. The City Manager explained a lot of what Mr. Knapp was doing depends on the timing as he works with other agencies. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to authorize the Mayor and City Manager to negotiate an agreement for the transition time not to exceed 6U days as a result of retirement of the Director of Public Works. The motion passed unanimously, There was a recess for the purpose of changing the video tape at 8:58 p.m. The City Council reconvened at 9;12 pm. COUNCIL LIAISON APPOINTMENTS Councilmember Mann said she wanted this item addressed to see it everyone is satisfied with current liaison designations to citizen commissions. Councilmember Kalligher stated she would like to continue serving on the Housing Commission as well as the Earle Brown Commission. Councilmember Rosene said he is very happy with his appointment to the Financial Commission and the Human Rights and Resources Commission, Councilmember Scott said she is comfortable where she is as well. Councilmember Mann said she is also comfortable but thought it was important to see how other Councilmembcrs felt. RESOLUTIONS - CONTINUED The City Manager prGSc;ntcd a Resolution Establishing Standards of Conduct at Public Meetings which had been drafted at the request of Councilmember Rosene. - Councilmember Mann stated she realizes there should be standards of conduct at public meetings but asked Councilmember Rosene why he had initiated this action. 1 /10194 -17- Councilmember Rosene gave three reasons: First, to provide written rules for conduct at public meetings. Second, to provide a formal procedure, for enforcement of those rules. And third, to prevent City officials from reacting in a way that is retaliatory toward a citizen. He added there have been such situations, and situations in which a citizen has gotten in trouble with an employer because of a statement made in good faith. Councilmember Mann said when someone mentions his or her place of employment a City official may respond to that, however, there is the danger of the misconception that person speaks for his or her agency or company. She asked if maintaining a level of conduct isn't the responsibility of people running the meeting, Councilmember Rosene said he thinks this resolution would be helpful to the chair of any public meeting in the event a member is out of order. Councilmember Mann said, "Isn't this censorship ?" Councilmember Rosene responded none of the things prohibited are censorship but rather the bounds of a civilized public meeting. Councilmember Mann said, "Wouldn't Roberts Rules of Order be enough ?" Councilmember Rosene commented chairs of various committees are not well versed in Roberts Rules of Order and he thinks they would find this helpful to have it in written form. Councilmember Mann called Mr. Pe a to the odium as he had expressed his desire to address the topic. PP p s xP Mr. Bob Peppe stated he can see the good intent of the resolution but does not see what good would come of it. He said the chair of a meeting already has the power to maintain order, and the negative side of passing this resolution is the potential to change its purpose later on when someone doesn't like what someone else says. He said this is an issue of First Amendment rights, and since the power to maintain conduct is already there the passage of the resolution is nothing but negative. Councilmember Rosene asked Mr. Peppe if he would defend any of the things the resolution r hi obits and a p st tcd there should be no fear of changes to the future because they would he on record. Mr. Pe e said changes an es cou ld slip through au as a Consent Agenda item d nobody P S p gh g to an notice, Councilmember Scott said she thinks what Councilmember Rosene is doing is tryin g to protect the First Amendment rights of citizens rather than violate them because at a meeting when applause or booing occur a person with a minority viewpoint might be afraid to speak. She said everyone should be heard, but speech should be within the bounds of good taste. 1 /10 /94 - 18 - She stated she had been at a meeting that got so bad the police had to come, and she had seen many gavels broken. Mr. Peppe asked what is next if this passes? He said, "We all know how bureaucracies work," and you see the "what's next" syndrome in government a lot, Councilmember Rosene responded Mr. Peppe pointed out how Mr. Peppe's reaction to this innocuous resolution is a good example of how nothing does slip through without notice by the public. He said he tends to trust government rather than distrust it and he felt confident this resolution w n would u of be amended in the future in any negative way without public clamor. Mr. Peppe said it is not that he distrusts government but things do get by and the resolution could be changed. Councilmember Mann said she understands the intent of the resolution but would feel more comfortable reviewing Roberts Rules of Order and then bringing this resolution back and perhaps trimming it down. Councilmember Scott thanked Councilmember Rosene for the thought he had put into this and its intent. She asked if it would be possible to come up with specific guidelines to put on the table near the door of the Council Chambers to let the audience know what conduct is expected of them. She said they all know of times when an audience member refused to stop speaking and sit down. Councilmember Rosene agreed that would be a good idea and suggested a movable sign be placed by the door before meetings. He said he does not see what is long or involved about three rules for the public, three steps for enforcing those rules, and two instructions regarding prohibiting slurs against anyone, Mayor Paulson said the Council is getting an education on free speech issues in the continuum of political free speech to commercial free speech. The goal, he said, is to have the most free speech possible, but we cannot make decisions based on what might come next, rather we should do what's right at the time. He added there should be time to review Roberts Rules of Ardor before making a decision on this resolution. There was a motion by Mayor Paulson and seconded by Councilmember Mann to table the resolution until the next work session that has available time. The vote: Voting aye: Mayor Paulson, Councilmembers Scott, Kalligher, and Mann. Voting nay: Councilmember Rosenc. The City Manager introduced a Resolution Authorizing the Mayor and City Manager to Enter into an Agreement Betwccn the City of Brooklyn Center and Brooklyn Peacemaker Center, Inc. for Juvenile Diversion Services. 1/10/94 - 19 Councilmember Kalligher explained she had requested it be removed from the Consent t Agelidd so she could excuse herself during the vote since she is on the Board for that organization. RESOLUTION NO 94 -12 Memhcr Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND BROOKLYN PEACEMAKER CENTER, INC. FOR JUVENILE DIVERSION SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scutt, and the motion passed. Councilmember Kalligher abstained. The City Manager introduced a Resolution Approving Amendments to the Fire Department Relief Association Bylaws and explained the City Attorney had requested it be removed from the Consent Agenda for further review. There was a motion by Councilmember Scott and seconded by Councilmember Mann to table the Resolution Approving Amendments to the Fire Department Relief Association Bylaws for the purpose of further review by the City Attorney. The motion passed unanimously. ADJOURNMENT There was a motion by Counci'lmcmber Mann and seconded by Councilmember Rosene to adjourn the meeting, The motion passed unanimously, The Brooklyn Center City Council adjourned at 9;42 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by; Kathy Stratton Timesaver Off Site Secretarial 1/10/94 -20- CITY OF BROOKLYN CENTER Council Meeting Date 1124 /94 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: MAYORAL APPOINTMENT: HUMAN RIGHTS AND RESOURCES COMMISSION DEPT. APPROVAL: Gerald G. Splinter, tity Manager MANAGER'S REVIEW/RECOM MNDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X ) On November 20, 1993, Ms. Kathleen Windsor resigned from the Human Rights and Resources Commission. Notice of vacancy on the Human Rights and Resources Commission was announced in the Brooklyn Center Sun -Post on December 8, 1993, and in the Northwest News on December 6, 1993; notice was posted at City Hall and Community Center and aired on Cable Channel 37 from November 30, 1993, to December 29, 1993 (see attached). Those persons who previously had applied for an advisory commission have also been notified of the vacancy on the Human Rights and Resources Commission (see attached letter dated December 2, 1993). On December 30 1993 you received copies of the applications for appointment to the Human > > Y P PP PP Rights and Resources Commission fr m h r g o the following persons: APPLICANT NEIGHBORHOOD Dwight Johnson, 6338 East Twin Lake Blvd. Southwest Wayde Lerbs, 5107 East Twin Lake Boulevard Southwest Charlotte Nesseth, 4225 66th Avenue North West Central Sarah Robinson Pollock, 7018 Girard Avenue North Northeast Attached for your convenience are the following: 1. Resolution Creating the Brooklyn Center Human Rights and Resources Commission and Defining its Duties and Responsibilities Therefor; and 2. A in ma indicating location of current members and a P g PP licants of the Human Rights and Resources Commission; and 3. A roster of the current Human Rights and Resources Commission membership. RECOMMENDED CITY COUNCIL ACTION Appoint one person to the Human Rights and Resources Commission to fill the unexpired term of Kathleen Windsor which will expire on 12/31/95. • s U & � YA CS, c c> 5UC-aA-j'YOJ q (z) 55830 2A— Brooklyn Center Sun-Post—Wed., Dec. 8, 1993 . CITY BRIEFS City r „ Position open on rights commission; From previous page - applications available at City Hall Th association's ex The city of Brooklyn Center will take applications for a position e c u t i v e director, 'Sandra open on the Human Rights and Resources Commission until Dec. Sandell, said the group ap -, proached the city because Those interested can get applications at City Hall, 6301 Shingle typical educational efforts to Creek Parkway, or call Deputy City. Clerk Sharon Knutson at , curb youth smoking need to. on 569 -3300. The appointment will be made by the City Council. buttressed by other prevention ideas. The commission meets the second Wednesday of each month. "If you go into some cone- O It advises the City Council on human relations and civil rights 1� issues nience stores, you can count as 1 many as 100 cigarette ads, she Student council seeking toys, socks The issue was listed as a�% discussion item on the Dec. 6 Ci- The Brooklyn Center Student Council is helping sponsor the an- ty Council agenda. A . public / nual Toys for Tots campaign in conjunction with KARE -TV and hearing followed by a final vote' the U.S. Marine Corps. could be scheduled for Jan. 10 Unwrapped toys for children of all ages can be dropped off in depending on the outcome of the the main office at Brooklyn Center High School, 6500 Humboldt Dec. 6 meeting, which was con - Ave. N. ducted after this edition went to ' The campaign runs from Dec. 6-10. Toys will be delivered to press Monday. KARE by student council members. Although the ordinance is i The student council is also participating in the city-wide solely a local measure, outside pa pa ' g ' ty -wide cam - paign to provide socks to the needy this winter. interest groups from the g p New or clean matching socks can be dropped off at a sock bar- American Cancer Society to the y rel in the student commons area at the high school. The goal of Tobacco Institute are watching the student council is to'collect 500 pairs of socks by Jan. 21, 1994. the debate closely. Contact Robbie Reasoner, the student council adviser, at Anti- smoking groups envision 561 -2120 (ext. 331) for additional information. the Brooklyn Center case as an opportunity to strike a major ;; 4 Commmission meets Dec 18 blow against cigarette adv ing r ing they say is targeting youth. The Brooklyn Center Charter Commission will conduct a sub= Benjamin said a recent study committee meeting at 10 a.m. Dec. 18 in Conference Room A at the Department of Health show- , City Hall, 6301 Shingle Creek Parkway. School seniors smoke. percent of Minnesota High Sc Applications for positions open on the commission are also be- S ing accepted. For more information call City Hall at 569 -3300. Benjamin and others recall how communities from across the nation fell into line after Rossi to be honored at open house White Bear Lake became the first city in the country several Store clerk Dorian A community reception for Doug Rossi, superintendent of years ago to outlaw vending Superette,1505 69th A School District 286, will be from 3 p.m. to 6 p.m. Wednesday, Dec. machines. this Brooklyn Center c 15; in the auditorium reception area at Brooklyn Center High "We think it would probably dinance being consider School, 6500 Humboldt Ave. N. set a precedent, not only in the Rossi, after 22 years as superintendent of Brooklyn Center state but throughout the na- schools, will retire Dec. 31. Assistant Superintendent Dennis Mor- tion," Sandell said. far - reaching definil - row is his replacement. But tobacco company and basically includes all A formal presentation will be conducted at 5 p.m. in the smokers' rights officials say ing within a store whet there are good reasons nobody tes are sold, is banned auditorium. Residents; are welcome to attend the reception and else has passed an ordinance dinance. The definitio: join the community in wishing Rossi good luck- - in his post - superintendent endeavors. prohibiting tobacco advertising advertising and prom in retail outlets: It would be displays any logo, bra against federal law and the First character, graphic, cc Amendment of the Constitution. or design that ar Its a complete waste of time trademarks of a f from a legal standpoint," said brand or images Thomas Lauria, a spokesman associated with a bra: a �\ for the North Carolina -based The ordinance will. � �� Tobacco Institute which lobbies allow tombstone adv � \ ON �e `\ for tobacco companies. "It generic sign indi( customers that. a tot would b e an easy court challenge." duct is available at tl' Lauria said the ordinance The Brooklyn _... •_,.. - .- •• ; -.. ��. .. . -.: ... ��' -.,.., rrnnlrl niach �xith tho frat> cnPVth (`h�mhor of ('nmtnnr� December 6, 1993 NORTHWEST N EWS ' an Rights Commi Presents Certificate of A reciat�on �ra�oklyn _Center City PP Ban on Tobacco By Nancy Doerfier t its December 6th City Coun- cil meeting, Brooklyn Center pre, officials will discuss limiting Joe y the advertising of tobacco products Mot ° in the city. - Old Ordinance changes have been of t proposed to make it unlawful to crez promote an tobacco products at int - of -sale locations like grocery, R convenience and liquor stores and add plac gas stations. Banned would be sa signs, banners, clocks, grocery cart y` smC ads and any items that display con cigarette names, logos or symbols. T .. The ordinance change would and also require . places that sell to- cre� Pictured here, Mayor Todd Paulson, (center) accepts the certiScate bacco to post signs warning preg- cars from Chairperson Donna Stoderl. Also pictured (left to right) are nant women of the effects of to- As t commission members Sharon Achtelik, Agatha Eckman and Susan bacco use. ers Larson, (seated) and Trayce Olson (standing). Councilmember and I City staff has worked with the putt son to the commission, Dave Rosene, was also on hand to accept the Association for Non - Smokers -Min- flue= Bate. nesota (ANSR) to draft the new or- On Monday, Nov. 8 the Human Rights and Resources presented a dinance. Pau± certificate of appreciation to the Brooklyn Center's City Council. The The proposal is based on re- y � commission received the certificate at the annual- meeting of the League of search that states: 'Tobacco is a hea Minnesota Human Rights Commissions (LMHRC) "ingrateful recognition of profoundly addicting drug with re- the commission's service and support." lapse rat_ es which are identical to com rates for heroin and alcohol... 60 ing 1 y NOTICE OF VACANCY: - of those who quit return to smoking " port Brooklyn Center ,Human Rights in a ear. and Resources Commission tom' "More preschoolers recognize beer Notice is hereby given that a vacancy exists on the Brooklyn Center Pael Human Rights and Resources Commission. The general purpose of the Joe Camel than recognize Con Commission is to act in an advisory capacity to the City Council on issues Mickey Mouse." Hen related to human relations and civil rights issues and recommend the to h - Journal of the adoption of such specific policies or actions as are needed to provide for equal � adve opportunity in the community. The Human Rights and Resources Commis- American Medical Association sion meets on the 2nd. Wednesday of each month.. Interested persons can grad obtain an application at.Brooklyn Center - City `Hall, 6301 Shingle Creek According toANSR,'Thosewho Petit Parkway, Brooklyn Center., or call Deputy City Clerk Sharon Knutson at 569- are attempting to quit smoking re- May 3300. Final appointment will be made by the :Mayor and. City .Council. port that being surrounded by cues Kris APPLICATION ME ADLINE IS DECEMBER 29, 1993. to smoke make it harder to resist. Attractive advertising in stores can ing c triggerimpulse cigarette buying and be of Public Hem undermine the resolve to break the Paul addiction." Cen N oediwest on -Water Ra tes, Another incentive to limit to- urb: Street alt Unlit bacco ads is their impact on ehil- their rooklyn Center dren. Area 1VISy Get New The Brooklyn Park City Council Storm s will hold a public hearing on the Home Free Needs proposed increase in water rate charges and a new street and traffic By Nancy Doerfler light utility and service charge on Uo to this point articles in this column CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 NOTICE OF VACANCY BROOKLYN CENTER HUMAN RIGHTS AND RESOURCES COMMISSION Notice is hereby given that a vacancy exists on the Brooklyn Center Human Rights and Resources Commission. The general purpose of the Commission is to act in an advisory capacity to the City Council on issues related to human relations and civil rights issues and recommend the adoption of such specific policies or actions as are needed to provide for equal opportunity in the community. The Human Rights and Resources Commission meets on the 2nd Wednesday of each month. Interested persons can obtain an application at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, or call Deputy City Clerk Sharon Knutson at 569 -3300. Final appointment will be made by the Mayor and City Council. APPLICATION DEADLINE IS DECEMBER 29, 1993. [Posted at Brooklyn Center City Hall and Community Center November 30, 1993] [Published in the Brooklyn Center Sun -Post December 8, 1993] [Published in the Northwest New December 20, 1993] .tom �� 1e96auME AACrrY � C 2 CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE December 2, 1993 911 Dear Advisory Commission Applicants: The Brooklyn Center Human Rights and Resources Commission has one vacancy due to a resignation by one of the members. Since you have previously expressed interest and completed an application for appointment to an advisory commission, Mayor Paulson suggested you be notified of the vacancy to inquire if you continue to have an interest in serving on one of Brooklyn Center's advisory commissions. Please call me at 569 -3306 if you are interested in applying for the Human Rights and Resources Commission. The Mayor and City Council will be appointing commissioners sometime in mid - January. Thank you. Sincerely, jqa�LA Sharon Knutson Administrative Assistant /Deputy City Clerk CITY OF BROOKLYN CENTER enc. cc: Mayor and City Council Members IWALLAME AACn� Mr. Joel Hilstrom Mr. Richard Hilstrom Mr. Robert Kensinger 3509 66th Avenue North 6107 Perry Avenue North 2619 65th Avenue North *klyn Center, MN 55429 Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Mr. Wayde Lerbs Mr. Dean Nyquist Scott Malcolm 5107 East Twin Lake Boulevard 5701 June Avenue North 7018 Fremont Avenue North Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Charles W. Gustafson Dorothy Stiele Duane Betker 3801 66th Avenue North 3349 49th Avenue North 7025 Knox Avenue North Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Jack Kelly Mark Yelich Myrna Kragness 6129 Scott Avenue North 6018 Beard Avenue North 3401 63rd Avenue North Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 Beverly Wolfe 1707 Amy Lane Brooklyn Center, MN 55430 RESOLUTION NO. 68 -44 RESOLUTION NO. 69 -35 RESOLUTION NO. 71 -211 RESOLUTION NO. 74 -68 RESOLUTION NO. 87 -132 RESOLUTION NO. 92 -135 RESOLUTION NO. 93 -76 RESOLUTION CREATING THE BROOKLYN CENTER HUMAN RIGHTS AND RESOURCES COMMISSION AND DEFINING ITS DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the City of Brooklyn Center has experienced a period of extensive growth and development, and it is anticipated that such growth will continue for an indeterminate period; and WHEREAS, such growth and development necessitates intensified communication and protection of just and equitable rights among all residents of the community to promote harmonious relationships among people of all races, religion, ethnic groups, social - economic status, ages, gender, physical, mental and emotional disabilities and diverse life styles; and WHEREAS, the Legislature of the State of Minnesota has enacted Chapter 363, Minnesota State Act Against Discrimination which provides for and permits the delegation of certain responsibilities under the Act to local human rights commissions; and WHEREAS, broad citizen participation in the affairs of the community is actively sought and promoted by the City Council on the premise that such participation promotes a better community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the public policy of said City shall be to fulfill its responsibility in assuring for all citizens equal opportunity in housing, employment, public accommodations, public services and education, and to work consistently to further improve the human relations climate of the City of Brooklyn Center. BE IT FURTHER RESOLVED that there is hereby established within the City of Brooklyn Center a Human Rights and Resources Commission as follows: Subdivision 1. TITLE: This organization shall be known as' the Brooklyn Center Human Rights and Resources Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to human rights, needs and services. Subdivision 3. PURPOSE: The purpose of the Commission is to promote understanding and equal opportunity in employment, housing, public accommodations, public services and education, and full participation in the affairs of this community by assisting the State Department of Human Rights in implementing the Minnesota State Act Against Discrimination and by advising the City Council on long range programs to further improve community relations in the City of Brooklyn Center. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: (1) Advise the City Council on human relations and civil rights issues and recommend the adoption of such specific policies or actions as are needed to provide for equal opportunity in the community. (2) Advise in the development of a Human Relations Program for the City of Brooklyn Center to give increased effectiveness and direction to the work of all individuals and agencies addressing themselves to planning, policy making and educational programs in the area of civil and human rights. (3) Enlist the cooperation of organizations, individuals and other advisory bodies in the community in an active program directed to promote understanding and equal opportunity and eliminate discrimination and inequities. (4) Advise in the development of a formal and informal educational program to assist in the implementation in the Minnesota State Act Against Discrimination and provide for the Commission's assumption of leadership in recognizing and resolving civil and human problem areas in the community. (5) Advise and assist in the determination of human service needs in the community. Subdivision 5. COMPOSITION: The Commission shall be composed of a Chairperson and eight (8) members, all of whom shall be appointed and serve as set forth in Subdivision 6. Subdivision 6. MEMBERS METHOD OF SELECTION —TERM OF OFFICE — REMOVAL: Chairperson The Chairperson shall be elected by majority vote of the Human Rights and Resources Commission membership. The election shall be conducted at the Human Rights and Resources Commission's first regular -2- meeting of the calendar year, or, in the case of a vacancy, within two regularly scheduled Human Rights and Resources Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Human Rights and Resources Commission membership. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Commission; 2. Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters relevant to human rights and needs, as it relates to business under consideration by said commissions or City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Human Rights and Resources Commission of matters relevant to human rights and needs; 4. Provide liaison with other governmental and voluntary organizations on matters relevant to human rights and needs. Vice Chairperson A Vice Chairperson shall be appointed annually by the Chairperson from the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. 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. -3- 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 human rights and services 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 is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his interest might reasonably be expected to affect his impartiality. Resignations— Removal from Office — Vacancies Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexcused absences from •a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City staff liaison shall inform the Mayor and City Council of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. Notices of vacancies shall be posted for 30 days before any official City Council action is taken. Vacancies shall be announced in the City's official newspaper and notices of vacancies shall be sent to all members of standing advisory commissions. Applications for Human Rights and Resources Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk who shall forward copies of the applications to the Mayor and City Council. The Mayor shall present at a regular City Council meeting the nominee for Human Rights and Resources Commission appointment who has submitted the required application form. By unanimous vote, the City Council may approve an appointment at the City Council meeting at which the nominee was presented, or, by majority vote, the City Council may approve an appointment at a regular City Council meeting following the presentation of the nominee. Compensation Commissioners shall serve without compensation. -4- Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Commission shall be convened at the call of the Chairperson within thirty (30) days after appointment by the Council. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. Subdivision 9. STAFF: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the commission as may be assigned by the Chairperson or the City Manager. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. Subdivision 11. NEIGHBORHOODS: Neighborhoods Described Southeast Neighborhood: The Southeast neighborhood shall be bordered on the south by the south city limits; on the east by the Mississippi River; on the north by FAI -94; and on the west by Shingle Creek. Northeast Neighborhood: The Northeast neighborhood shall be bordered on the south by FAI -94; on the east by the Mississippi River; on the north by the north city limits; and on the west by Shingle Creek. Northwest Neighborhood: The Northwest neighborhood shall be bordered on the south by FAI -94; on the east by Shingle Creek; on the north by the north city limits; and on the west by the west city limits. West Central Neighborhood: The West Central neighborhood shall be bordered on the south by County Road 10; on the east by Brooklyn Boulevard; on the north by FAI -94; and on the west by the west city limits. Central Neighborhood: The Central neighborhood shall be bordered on the south by County Road 10; on the east by Shingle Creek; on the north by FAI- 94; and on the west by Brooklyn Boulevard. -5- Southwest Neighborhood: The Southwest neighborhood shall be bordered on the south by the south city limits; on the east by Shingle Creek; on the north by County Road 10; and on the west by the west city limits. -6- - �► :111 `��- � � - - - -•, -�� _ °•• - ,_ yam.. �,�; `. �_ 11111 i 1pa A m I I o _�.� all X111 s E MOM .[�IIR X11 �'- ' IIII �"!�1 1 IQ .1► 1 � • • �..� !� 1111 HUMAN RIGHTS AND RESOURCES COMNUSSION Human Rights and Resources Commission meets on the 2nd Wednesday of each month, 7:30 p.m., City Hall. The Human Rights and Resources Commission advises the City Council on the protection of civil rights and the preservation of human needs in the community. Commissioners serve a three -year term. Chairperson and eight members. Donna Stoderl, Chairperson Sherry Maddox S E 5455 Emerson Avenue North (30) 5711 Knox Avenue North (30) Gs 566 -9461 560 -8926 2/13/84 - 12/31/95 4/26/93- 12/31/94 Agatha Eckman Sharon Achtelik 5624 Humboldt Avenue North (30) 3213 Thurber Road (29) (V V J S 560 -6825 566 -1914 10/13/86- 12/31/94 4/22/91 - 12/31/96 Susan Larsen Brown Julie Eoloff ` , t ,� 5829 Shores Drive (29) 6015 Aldrich Avenue North (30) g W 533 -3947 566 -2913 6/22/87- 12/31/95 4/22/91 - 12/31/96 Daniel Reiva 1707 Amy Lane (30) w t 566 -3889 1�+ 8/9/93- 12/31/94 Trayce Olsen 3910 65th Avenue North #4 (29) W 537 -9020 8/9/93 - 12/31/96 FOR FURTHER INFORMATION CALL 569 -3300 9 CITY OF BROOKLYN CENTER Co Meeft D ate 1124/94 Agenda Item Nunber REQUEST FOR COUNCIL "' CONSIDERATION ITEM DESCRIPTION: DECLARING FEBRUARY . 5, 1994, TO BE,"CONFRONTING CRIME 'IN OUR COMMUNITY" DAY L ; DEPT.. APPR VAL: �1 Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOM MNDATION: No comments to supplement this report Comments below /attached SUMMITRY EXPLANATION: (supplemental sheets attached ) Peg Snesrud, Brooklyn Park resident, has asked the Brooklyn.` Center City Council to pass a proclamation declaring February 5, 1994, to be "Confronting Crime in Our Community" Day. RECOMMENDED CITY COUNCIL ACTION Proclaim February 5, 1994, to be "Confronting Crime in Our Community" Day. I ' i PROCLAMATION DECLARING FEBRUARY 5, 1994, TO BE "CONFRONTING CRIME IN OUR COMMUNITY" DAY WHEREAS, juvenile crime, and in particular violent crime, is of concern to the citizens of Brooklyn Center, Brooklyn Park, and across the State of Minnesota; and WHEREAS, dealing with crime and its aftermath is a top priority for the city of Brooklyn Center and organizations within the city; and WHEREAS, the City of Brooklyn Center is experiencing significant crime reduction, 3% decrease in serious crime, Part I, and 8% decrease in less serious, Part II; these statistics are based on preliminary 1993 data; and WHEREAS, there has been no significant increase in juveniles arrested for violent crime in 1993, 20 verses 18 in 1992. 8.6% of our serious crime arrests were juveniles in 1993 verses 7.6% in 1992. Property crime, larceny in particular, continues to be the area of greatest concern; and WHEREAS, the Youth and Violence Forum held November 10, 1993, initiated discussion on the Minnesota's Juvenile Justice system with area legislators, law enforcement, the court system, and state and local officials and brought forward the urgent need for reform during the 1994 Legislative session. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim Saturday, February 5, 1994, to be "Confronting Crime in Our Community" Day in the City of Brooklyn Center, to be held 10 a.m. to 4 p.m. at Village North Shopping Center, located in Brooklyn Park at Zane Avenue and Brooklyn Boulevard. Date Mayor Attest: Deputy Clerk City of Brooklyn Center Part I Crimes January- December 1993/1992 Preliminary % of change Jan -Dec Jan-Dec Jan -Dec 1993 1992 1992 to 1993 Homicide/Manslaughter 0 1 -100% Rape 31 19 63% Robbery 48 41 17% Aggravated Assault 56 52 8% Burglary 282 287 -2% Larceny 1,854 1,941 4% Auto Theft 208 217 4% Arson 16 16 0% Total Part I Crimes 2,495 2,574 -3% In 1992 the State of Minnesota identified that many of the State codes were not being counted in a manner consistent with the Uniform Crime Reporting (UCR) standards as established by the FBI. The offenses affected were rape, aggravated assault, other assaults, and other sex offenses. 1993 and 1992 are in compliance with UCR standards. The State ojltlinnesota is unable to identify if this situation existed prior to 1992. City of Brooklyn Center Part II Crimes January December 1993/1992 Preliminary % of change Jan -Dec Jan -Dec Jan -Dec 1993 1992 1992 to 1993 Other Assaults 415 450 -8% Forgery/Counterfeit 89 105 -15% Fraud 98 152 -36% Embezzlement 0 0 0% Stolen Property 24 26 -8% Vandalism 410 563 -27% Weapons Violations 24 16 50% Prostitution 0 2 -200% Other Sex Offenses 25 25 0% Narcotics/Drug Laws 66 57 16% Gambling 2 7 -71% Family /Children 87 127 -31% Driving Under Influence 147 152 Liquor Laws 34 15 127% Disorderly Conduct 164 105 56% Vagrancy 6 6 0% Other (Exc. Traffic) 348 300 16% Total Part II Crimes 1,9 2,108 -8% In 1992 the State of1finnesota identified that manv of the State codes were not being counted in a planner consistent with the Uniform Cripre Reporting (UCR) standards as established by the FBI. The offenses affected were rape, aggravated assault, other assaults, and other sex offenses. 1993 and 1992 are in compliance with UCR standards. The State oflLlinnesota is unable to identify if this situation existed prior to 1992. CITY OF BROOKLYN CEN'T'ER Council Meeting Date 1/24/94 Agenda Item Number / / D a/ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: An Ordinance Amending Chapter 7 of the City Ordinances Regarding Insurance Requirements for Refuse Haulers and licensing Provisions Relating to Public Swimming Pools and Lodging Establishments DEPT. APPROVAL: i Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECONLVIENDATION: i/ No comments to supplement this report Comments below /attached SUNEVIARY EXPLANATION: (supplemental sheets attached ) • Over the P ast six months John Simacek American Risk Services Inc. has been reviewin g City Ordinance insurance requirements for applicants for various licenses. He has recommended some increases in insurance requirements for garbage and refuse collectors. One of his concerns relates to the liability hazards of collection bins provided to customers by the garbage collectors (kids getting into the bins or lids falling on people's body parts, such as arms). Our current ordinance does not require garbage collectors to carry liability insurance for this, and we have added a section to require garbage haulers to have this liability insurance coverage. The ordinance amendment also increases the requirements for commercial automobile liability insurance coverage. Section 7 -201 through 7 -206 and Section 7 -601 through 7 -607 establish rules and regulations and licensing provisions relating to public swimming pools and lodging establishments. When the City li e urinated the health department in January 1993 Hennepin County took over the licensing of P as3' � P t3' g public swimming pools and lodging establishments. Since the City no longer licenses pools or lodging establishments, these requirements need to be removed from our ordinances. RECOMMENDED CITY COUNCIL ACTION Pass for first reading An Ordinance Amending Chapter 7 of the City Ordinances Regarding Insurance Requirements for Refuse Haulers and Licensing Provisions Relating to Public Swimming Pools and Lodging Establishments and set a date for public hearing and second reading. ln� CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1994, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 7 of the City Ordinances regarding insurance requirements for refuse haulers and licensing provisions relating to public swimming pools and lodging establishments. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES REGARDING INSURANCE REQUIREMENTS FOR REFUSE HAULERS AND LICENSING PROVISIONS RELATING TO PUBLIC SWIMMING POOLS AND LODGING ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 7 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 7 - 103. REFUSE HAULERS REGULATIONS. Subdivision 4. Insurance. Applicants for licenses or renewals of licenses must [file with each application a copy of an insurance policy or policies and an endorsement, under which there is coverage as to each vehicle to be used for loss or damage to persons in the amount of $100 for each person and $300,000 for each accident; and for loss or damage to property in the amount of $50,000. Every such policy must provide that it may not be cancelled or terminated for any reason without at least 10 days' prior written notice being given to the municipality.] maintain the following minimum insurance: 1. Commercial Automobile Liability Insurance Covering All Owned Hired and Nonowned Automobiles - Limits of Liability a. Combined Single Limits - $500,000 each occurrence; or b. Bodily Injury - $100,000 each person, $500,000 each occurrence; and c. Property Damage - $50,000 each occurrence ORDINANCE NO. In the event applicants for licenses use refuse collection bins furnished for their clients then the following additional coverage is necessary: 1. Commercial Liability Insurance Covering All Operations and Completed Operations - Limits of Liability a. Combined Single Limits - $500,000 each occurrence, $500,000 aggregated or b. Bodily Injury - $100,000 each person; and g. Property Damage - $500,000 each occurrence Coverage is to be provided by an Insurance Carrier who holds a Certificate of Authorization (licensed) with the State of Minnesota. Evidence of such insurance shall be in the form of a Certificate of Insurance ACORD form or similarly approved form The Certificate shall require that the City be furnished thirty (30) days Prior written notice of any cancellation, nonrenewal, or major revision. Such Certificate shall be in the hands of the City Clerk prior to any issuance of license. It is expressly understood that this insurance and these limits are for the City's requirements only and do not represent the complete coverage the licensee should carry. [ ESTABLISHING RULES AND REGULATIONS AND LICENSING PROVISIONS RELATING TO PUBLIC SWIMMING POOLS Section 7 -201. MINNESOTA DEPARTMENT OF HEALTH REGULATIONS ADOPTED AS LAW. Subject to any specific modifications hereinafter set forth, the municipality hereby adopts by reference Minnesota Regulation MHD 115 as contained in the document entitled "Rules and Regulations of the Minnesota Department of Health Relating to Public Swimming Pools ", adopted August 4, 1971, filed with the Secretary of State August 2, 1971, and filed with the State Department of Administration August 4, 1971, including all subsequent amendments thereto. Three copies of such regulation shall be filed and available for inspection in the office of the city clerk. Reference in MHD 115 to board or board of health shall be replaced by city health authority. Section 7 -202. LICENSE REQUIRED. It shall be unlawful for any person to operate or permit swimming in a public swimming pool, regardless of whether a fee is charged for ORDINANCE NO. such use, unless the City of Brooklyn Center has issued a valid license therefor which is in full force and effect. Such license shall be on display in the vicinity of the subject swimming pool or conveniently accessible upon demand. Section 7- 202.01. PERSON. The term "person" as it occurs in Section 7 -202 shall refer to any person, firm, partnership, association, corporation, company, governmental agency, club, cooperative, or organization of any kind. Section 7- 202.02. PRIVATE SWIMMING POOL. Section 7- 202 shall not apply to any swimming pool located on property which is zoned or used for single family dwellings, or two - family dwellings. Section 7- 202.03. PUBLIC SWIMMING POOL. For the purposes of this licensing requirement "public swimming pool" shall refer to all swimming pools within Brooklyn Center, except those defined by Section 7- 202.02. Section 7 -203. APPLICATION FOR LICENSE. Application for a license hereunder shall be submitted to the city clerk in such form and manner as the city clerk may prescribe. Section 7 -204. LICENSE EXPIRATION AND RENEWAL. Licenses issued under this ordinance shall expire on the last day of April each year. License renewal applications shall be filed with the city clerk prior to April 1 of each year. Section 7 -205. LICENSE FEES. The annual license fee for a public swimming pool shall be as set forth by city council resolution. Section 7 -206. PENALTY. Any person violating the provisions of this ordinance may, upon conviction thereof, be punished by a fine of not more than seven hundred dollars ($700) or by imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. REGULATIONS AND LICENSING PROVISIONS RELATING TO LODGING ESTABLISHMENTS Section 7 -601. MINNESOTA DEPARTMENT OF HEALTH REGULATIONS ADOPTED AS LAW. Subject to any specific modifications hereinafter set forth, the municipality hereby adopts by reference Minnesota State Board of Health Regulation MHD 139 -145 as contained in the document entitled "Requirements for Lodging Establishments" declared effective January 1, 1968, including all subsequent amendments thereto. Three copies of such regulations shall be filed and available for inspection in ORDINANCE NO. the office of the city clerk. MHD 139 -145 is hereby modified by deleting the term "board" and substituting therefor the term "city health authority" in MHD 141 (d) , MHD 141 (f) , the third sentence of MHD 141 (j) , and MHD 141 (1) . MHD 141 (1) is hereby modified by deleting the phrase "installed on or before January 1, 1968," from the second sentence of the second paragraph therein. Section 7 -602. LICENSE REQUIRED. It shall be unlawful for any person to operate a lodging establishment unless the City of Brooklyn Center has issued a valid license therefor which is in full force and effect. Such license shall be on display in the immediate vicinity of the customer registration area and conveniently accessible upon demand. Section 7 -603. APPLICATION FOR LICENSE. Application for license hereunder shall be submitted to the city clerk in such form and manner as the city clerk may prescribe. Section 7 -604. INSPECTION. The city health authority or his designated agent shall inspect every lodging establishment as frequently as deemed necessary to insure compliance with this ordinance. Section 7 -605. LICENSE EXPIRATION AND RENEWAL. Licenses issued under this ordinance shall expire on the last day of December each year. License renewal application shall be filed with the city clerk prior to the expiration date each year. Section 7 -606. LICENSING REGULATIONS AND FEES. License application and possession is subject to provisions of Chapter 23 of the City Ordinances, Sections 23 -001 through Section 23 -013. The annual license fee for a lodging establishment shall be as set forth by city council resolution. Section 7 -607. PENALTY. Any person, firm, or corporation violating the provisions of this ordinance may, upon conviction thereof, be punished by a fine of not more than seven hundred ($700) dollars or by imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution.] ORDINANCE NO. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1994. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Council Meeting Date 1/24194 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Appointment of Member to Serve on North Metro Convention & Tourism Bureau Board of Directors DEPT. APPRO Gerald G. nter, City Manager MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUNEVIARY EXPLANATION: (supplemental sheets attached ) • Julie Doth, Executive Director, North Metro Convention & Tourism Bureau, is requesting the City of Brooklyn Center to appoint someone to serve on their Board of Directors. Currently Dean Nyquist fills this seat and his term expired December 31, 1993. The attached letter from Ms. Doth requests Dean Nyquist be reappointed. RECOMMENDED CITY COUNCIL ACTION Confirm reappointment of Dean Nyquist or direct staff on process to be followed for appointment of member for North Metro Convention & Tourism Bureau Board of Directors. • RO November 29, 1993 Mr. Jerry Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Splinter, This is to notify you that the position on our Board of Directors held by the City of Brooklyn Center expires December 31, 1993. The term is three years. Dean Nyquist currently- fills this seat and has indicated that he is willing to renew his term. Unless you wish to make another appointment, we will gladly accept Dean Nyquist's renewal. We need to be informed of any changes prior to the a m lual m eting on January 12, 1994. Regards, l� f tulle liotrl Executive :Director 1 6155 Earle Brown Dr., Suite 120 Brooklyn Center, MN 55430 612/566 -7722 800/541 -4364 FAX 612/569 -6320 TDD 612/566 -6526 w ing the Communities of: Fridley, Brooklyn Center, Brooklyn Park, Maple Grove Members MACVB / IACVB CITY OF BROOKLYN CENTER Council Meeting Date 1/24/94 Agenda Item Number // b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Development of a Highway 100 Council for Promoting the Reconstruction of T.H. 100 DEPT. APPROVAL: Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECONENIENDATION: No comments to supplement this report Comments below /attached SUNMARY EXPLANATION: (supplemental sheets attached ) • Attached please find a draft document proposing a Highway 100 Council organization which would involve the communities and business representatives of Brooklyn Center, Robbinsdale, Crystal, New Hope, Golden Valley, possibly Brooklyn Park, the City of Minneapolis, and others. The purpose of this organization would be to promote and expedite the construction of Trunk Highway 100 through the above communities by May of 1996. The attached materials state the purpose, objectives, and various strategies to accomplish this goal. This process is modeled after the 610 Crosstown organization which was successful in getting commitment of funds for the construction of the 610 Crosstown. Robbinsdale and Crystal, through the North Metro Mayors Association, have taken the lead on this project and are requesting Brooklyn Center and others to join with them. Your staff believe this type of process could successfully achieve funding for Highway 100 through Brooklyn Center and the other communities. The City Council should remember on many occasions reconstruction of various sections of Highway 100 in the northwest area has risen to top priority only to fall by the wayside, and it appears that is again the situation. With this type of an organization, we stand the best chance of achieving our goal of reconstructing Highway 100. To finance the organization would require contributions from the cities involved. Initially they are indicating a contribution from Brooklyn Center in the range of $2,000 to $4,000. Other funds would be raised from private sources and North Metro Mayors Association has agreed to assist in administration of the organization should it be created. RECOMMENDED CITY COUNCIL ACTION We recommend your favorable consideration of a motion approving the concept of the Highway • 100 Council organization and express initial support pending further documentation and submittal of a formal financial plan and program. �OUroc`, l Hi hwa 100ri PURPOSE: • To provide a forum for citizens, businesses and local governments to discuss, develop and promote solutions to the north -south traffic congestion, safety and pollution problems of the North Metro area. • To expedite the construction and upgrading of Trunk Highway 100 by Y M AE�J 1 516 OBJECTIVES: • Seek construction date commitments from the Minnesota Department of Transportation and make them reality. • Seek funding commitment for the completion of upgrading Trunk Highway 100. • Secure the cooperation and su support 1 mmunities chamber f ppo of al co s o commerce, business and community organizations to make Trunk Highway 100 a priority transportation project for the area. • Communicate the urgent need for a upgraded north -south corridor in the North Metro area. • Publicize progress and scheduling of work on Trunk Highway 100. III. STRATEGY 3 Achieve funding commitment for upgrading Trunk Highway 100 by working with appropriate agencies and decision makers (i.e., Minnesota Department of Transportation, Metropolitan Council, State Legislators, Congress, County Officials, etc) A. Tactics 1. Share detailed traffic data, demographic and historical project information with key decision makers. 2. Secure decision makers' commitment, through "grass roots" lobbying effort with the intent of bringing Trunk Highway 100 to the forefront of North Metro transportation priorities. CITY OF BROOKLYN CENTER Council Meeting Dace OM4/93 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PROCESS FOR SOLICITATION OF APPLICANTS FOR APPOINTMENT TO THE POSITION OF COMMISSIONER AND ALTERNATE COMMISSIONER ON THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION AND ON THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION DEPT. APPROVAL: Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes As you know, the City of Brooklyn Center is a member of two watershed management commissions, i.e. —the Shingle Creek Watershed Management Commission and the West Mississippi Watershed Management Commission. Both of these commissions were formed by Joint Powers Agreements in 1984. Under those agreements, each member City appoints one Commissioner and one Alternate Commissioner to serve on each respective Commission, for 3 -year terms. The appointments of Sy Knapp as Commissioner and Mark Maloney as Alternate Commissioner to both Commissions expire January 31, 1994. Pursuant to the Legislative changes mandated in Chapter 601, the Commission is required to notify the Board of Water and Soil Resources of member appointments and vacancies and the appointing authorities are required to publish a notice of these vacancies and to fill the positions by 90 days after the vacancies occur. Under the Joint Powers Agreements, the current commissioners continue to serve until the new appointments are made. Attached hereto are copies of (1) the notice which was published, and (2) the application forms which were used when this process was followed 3 years ago. RECOMMENDED CITY COUNCIL ACTION • Direct staff to publish the notice of vacancies and inviting interested citizens to apply. ■ Approve the application format, as is, or with amendments. • Define the process by which applicants will be reviewed and nominated; and by which the final appointments will be made. CITY OF BROOKLYN CENTER NO O F SHIN GLE CREEK VACANCIES O POST PUBLICATIONS N SHIN WATERSHED COMMISSION, AND ON WES MISS COMMISSION AFFIDAVIT OF PUBLICATION WATERSHED CMMIS Public Notice is hereby given that vacan• cies exist for the positions of commissioner and Alternate Commissioner to the Shingle Creek Watershed Commission and to the West Mississippi River Watershed commission, representing the City of Brooklyn Center. This STATE OF MINNESOTA Is a 3-year term starting in February, 1991. SS. Persons Interested in being appointed to serve COUNTY OF HENNEPIN on either or both of these commissions should contact Patti Page, Deputy City Clerk, at $69 -3300 for an application. Applications must be received on or before February 1, 1991. Appointments will be made by the City Council. (Published Brooklyn Center PostNews January 16, 1991 Walter D. Roach being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publisher of the newspaper known as the PostNews and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. (8) The printed Not. of Vacancies on Shingle Creek Water Commission & We Mississippi liratershed Commission which is attached was cut from the columns of said newspaper, and was printed and published once a week, for 1 successive weeks; it was first published on C� Wednesday the 16th day of J anuar y 19 1 and was thereafter printed and published on every to and including the day of and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be- ing the size and kind of type used in the composition and publication of the notice: abcdefgh i j kl m nopgrstuvwxyz BY: General Manager TITLE: Acknowledged before me on 17th January 91 this day of _ . 19 Notary Public C' C EY BRODA NOT - 7LIC—M NESOTA RATE INFORMATION (1) Lowest classified rate paid by commercial users for com- $ 1. parable space. (Line) (2) Maximum rate allowed by law for the above matter. S (Line) • 62 (3) Rate actually charged for the above matter. s (Line) APPLICATION FOR APPOINTMENT TO THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION 46 NAME: HOME ADDRESS: Street City Zip BUSINESS• OCCUPATION: BUSINESS ADDRESS: Street City Zip HOME PHONE: WORK PHONE: YEARS LIVED IN BROOKLYN CENTER I have read the Joint Powers Agreement which defines the purpose, authority, and responsibility of the West Mississippi Watershed Management Commission. Yes No Comments: I understand the importance of regular attendance and participation at Commission meetings and feel I have the time available to be an active participant (normally held at noon on the second Thursday of each month). Yes No Comments: Please list special interests, qualifications and experience which make you a good candidate for a member of the this Commission. Signature: Date: Submit to: Patti Page, Deputy City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 [WMWMCAPP] APPLICATION FOR APPOINTMENT TO THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION NAME. HOME ADDRESS Street City Zip BUSINESS• OCCUPATION: BUSINESS ADDRESS: Street City Zip HOME PHONE: WORK PHONE: YEARS LIVED IN BROOKLYN CENTER I have read the Joint Powers Agreement which defines the purpose, authority, and responsibility of the Shingle Creek Watershed Management Commission. Yes No Comments: I understand the importance of regular attendance and participation at Commission meetings and feel I have the time available to be an active participant (normally held at noon on the second Thursday of each month). Yes No Comments: Please list special interests, qualifications and experience which make you a good candidate for a member of the this Commission. Signature: Date: Submit to: Patti Page, Deputy City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 [SCWMCAPP] CITY OF BROOKLYN CENTER Council Meeting Date 1/24/94 Agenda Item Number //y REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: 1994 CAPITAL IMPROVEMENTS PROGRAM DEPT. APPROVAL: Knapp, Director of Public Works MANAGER'S REVIEW/RECOMMENDATION: .1 No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes Attached is the final version of the 1994 Capital Improvements Program (CIP) for review and adoption by the City Council. This is the final step in approving the 1994 annual budget. The capital improvements proposed in the CIP have been reviewed by staff, Commissions, and by the Council earlier this year, and represents their best estimates of the range and types of capital improvement needs over the next ten years. Inclusion of a proposed capital improvement in the CIP does not imply its approval; all projects and expenditures are subject to final review of and approval by the City Council. RECOMMENDED CITY COUNCIL ACTION Review the CIP, make any desired amendments, and adopt the 1994 CIP by motion. • I CITY 6301 SHINGLE CREEK PARKWAY :1 OF BROOKLYN CENTER, MINNESOTA 55430 7BROOKLYN TELEPHONE: 569 -3300 C ENTER FAX. 569 -3494 EMERGENCY - POLICE. - FIRE MEMORANDUM 911 January 14, 1994 TO: Mayor Paulson Councilmember Kalligher Councilmember Mann Councilmember Rosene Councilmember Scott FROM: Diane Spector, Public Works Coordinat r SUBJ: Final Draft, 1994 CIP for Discussion Enclosed is the final draft of the 1994 Capital Improvements Program for discussion at the Council worksession on Tuesday, January 18. This versions incorporates all comments received to date, and reflects the final 1994 budget. We will be bringing the CIP to you at your regular, January 24th meeting for final discussion and adoption. The adopted version will be included in the printing of the 1994 budget as approved. Also enclosed is a listing of current projects, and projects which are listed in the CIP as to be considered in 1994. At Tuesday night's meeting, we hope to accomplish three objectives: • Answer any questions you may have about specific projects, or the funding or activity summaries • Review with you proposed 1994 projects. So that we can best schedule staff time, we ask that you at this time tell us which projects should no longer be considered for 1994. • Begin preliminary discussion with you regarding the possible budget impacts of projects proposed for 1995 and beyond. r Enclosures CLOW -fiF h. cAUen '� LISTING OF CURRENT PROJECTS & PROJECTS SCHEDULED FOR 1994 CURRENT PROJECTS APPROVED BY COUNCIL 1993 -19 Central Garage Remodelling 1992 -29 Gateway Park and Pond 1993 -18 MTC Park and Ride 1994 -13 65th Avenue Street Construction CURRENT PROJECTS NO FINAL APPROVAL YET BY COUNCIL 1990 -10 69th Avenue Landscaping, Phase II 1994 -11 &12 Northwest Area Street & Utility Improvements 1994 -05 &06 Humboldt Avenue Street & Utility Improvements 1994 -07 &08 73rd Avenue Street & Utility Improvements 1994 -01 &02 Southeast Area Street & Utility Improvements 1994 -16 Traffic Signals, Earle Brown/Summit POTENTIAL 1994 PROJECTS PROJECT COMMENTS & RECOMM WATER UTILITY • New electric controls at wells 5, 6 & 7 Proceed in '94 ($90,000) • 24" Steel Main crossing at 1- 94/694 & Preventative maintenance to avoid emergency Dupont, south side ($60,000) similar to north side • Routine well maintenance ($50,000) Proceed in '94 • Cathodic protection ($25,000) Develop RFP in Fall, 1994, start in '95 • Replace SCADA computer & software In conjunction with garage remodelling ($20,000) SANITARY SEWER UTILITY • Replace lift #1 and forcemain ($1.2 RFP for feasibility study by consultant in '94, million total; $100,000 prof serv) construction in '95 • 53rd Avenue sewer replacement (near Proceed in '94 Brookdale 10) ($32,000) • Garden City trunk line rehab /reline Currently scheduled 1 /z in '94, 1 /2 in '95. If all ($1 million) street improvement projects approved for '94, then may defer all to '95 • Annual television inspection program Proceed in '94 PROJECT COMMENTS & RECOMMENDATION STORM DRAINAGE UTILITY • Miscellaneous system repairs ($50,000) Proceed in '94 SIDEWALK & TRAIL IMPROVEMENTS • Miscellaneous repairs ($60,000) Note also includes possibility of replacing handicapped ramps on 63rd Avenue (ADA request) • Northway Drive ($25,000) Proceed in '94. Easements will be needed • Twin Lake Trail System Defer to '95 or later PARK IMPROVEMENTS • Shingle Creek corridor study RFP for a study by a consultant to find the ($100,000) best approach to numerous issues & potential projects • ADA trails & curb cuts (($75,000) Proceed in '94. As identified in ADA transition plan • Repair pedestrian bridges ($70,000) Immediate needs at Golf Course, proceed with remaining in '94 or '95 • Replace playground equipment Proceed in '94 ($200,000) STREET IMPROVEMENTS • Sealcoating ($140,000) Proceed in '94 • Shingle Creek Parkway, I -694 to 69th Proceed in '94 if possible, otherwise defer to ($700,000) '95 • Brooklyn Boulevard Continue to move project(s) along; identify improvements /enhancements ($ ?) funding source(s) GOVERNMENT BUILDINGS • Interim City Hall remodelling Proceed in '94 (including furniture) ($650,000) CURRENT STUDIES Local Storm Water Management Plan: Finalize Phase I, Initiate Phase 11 Brookdale Storm Water Pond (in conjunction with City of Minneapolis) Brooklyn Boulevard Enhancements Government Building Energy Management Study Park Building and Facility Inventory and Maintenance Program Pavement Management Program Mn/DOT Plans for T.H. 100 Improvements Mn/DOT Plans for I -694 Improvements Twin Lakes Trail Study Government Buildings Space Needs Park Facility Needs Sidewalk and Trail Study ADA Compliance 1Y94 C a ltal p Improv n tr gram y � s 0 City of Brooklyn Center January, 1994 TABLE OF CONTENTS Page INTRODUCTION ............................ ............................1 -2 CAPITAL IMPROVEMENTS PROGRAM A. Public Works Street Improvements ............. ............................... 10 Sidewalk/ Trail Improvements ....... ............................... 11 WaterUtility ................. ............................... 12 Sanitary Sewer Utility ............ ............................... 13 Storm Drainage Utility ........... ............................... 14 B. Parks and Recreation ............... ............................... 15 C. Facilities and Equipment Government Buildings ........... ............................... 16 Data Processing ............... ............................... 17 Vehicles and Equipment .......... ............................... 18 D. Community Development ............. ............................... 19 TABLES Table 1: Summary By Functional Area .............................. 3 Table 2: Summary By Fund ...... ............................... 5 Table 3: Cash Balance Analysis ... ............................... 7 -8 Table 4: Summary By Function and Fund ............................. 9 FIGURES Figure 1: CIP, 1994 -2003, By Functional Area .......................... 4 Figure 2: CIP, 1994 -2003, By Funding Source .......................... 6 DETAILED SCHEDULES OF IMPROVEMENTS Table A: Water Utility Capital Improvements Table B: Sanitary Sewer Capital Improvements Table C: Storm Sewer Utility Capital Improvements Table D: Sidewalk and Trail Improvements Table E: Park Improvements Table F: Public Building Improvements Table G: Street Improvements Table H: Equipment Table I: Central Garage Vehicles and Equipment Table J: Community Development 0 PART I 1994 -2004 CAPITAL IMPROVEMENTS PROGRAM INTRODUCTION The City of Brooklyn Center believes that it is a necessity to periodically review and update its Capital Improvements Program (CIP). By such a review, the Council and staff are better prepared to evaluate needs, meet the financial restrictions facing governmental bodies, and adjust to changing conditions. No city can afford to accomplish every proposed project. Therefore, a methodology must be devised to determine which projects are of highest priority. The CIP presents a schedule of public improvements for the community over a ten year period. This program takes into consideration the community's financial capabilities as well as its goals and priorities. Consideration of this report in concert with the annual budget review provides a better understanding of the demands on the City's financial resources in the coming years. 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 parks; and acquisition of vehicles and data processing and other equipment. Aside from vehicles and equipment, 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. -I- CAPITAL IMPROVEMENTS PROGRAM 1994 -2003 A summary of the proposed capital improvements by functional area for the ten year period of 1994 through 2003 is shown in Table 1. A summary by funding source is shown in Table 2. These tables are summaries of the detail expenditures shown in Exhibit A. All costs shown are based on 1994 estimated costs, with no adjustment for inflation. Table 3 shows the effect the proposed capital outlays would have on some of the various sources available to fund them. 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 based on present knowledge and expected conditions. 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 City's judgment of what is necessary to maintain its infrastructure in good condition, and to provide those facilities which are necessary to support the public services (public safety, park and recreation, senior programs, etc.) through the year 2003. -2- TABLE 1 - Capital Improvement Prom - Summary by Functional Area "Where The Funds Would Be Spent" ..................... - ......... ... 14-Jan-94 PUBLIC UTILITY IMPROVEMENTS: Water Utility Capital Projects 345,000 485,000 373,000 405,000 200,000 5,891,000 Sanitary Sewer Utility Capital Projects 860,000 1,229,000 909,000 329,000 270,000 1,645,000 Storm Drainage Utility Capital Projects 525,000 2,675,000 400,000 350,000 375,000 1,875,000 SUBTOTAL $1,730,000 $4,389,000 $1,682,000 $1,084,000 $845,000 $9,411,000 SIDEWALK/TRAIL IMPROVEMENTS: Off-Street Trails 0 455,000 0 0 0 150,000 On-Street Trails 0 20,000 10,000 10,000 10,000 50,000 Sidewalks 85,000 25,000 87,000 25,000 25,000 125,000 SUBTOTAL $85,000 $500,000 $97,000 $35,000 $35,000 $325,000 PARK IMPROVEMENTS $402,700 $3,542,475 $4,549,700 $27 0,000 $0 $0 COMMUNITY DEVELOPMENT $400,000 F $650 $900,000 F $950,000 $1,100,000 $6,100,000 PUBLIC BUILDINGS $1,874,7001 $1,832,100 $9,275,000 $0 $0 $750,000 STREET IMPROVEMENTS: Sealcoating 140,000 140,000 140,000 140,000 140,000 700,000 Signals 125,000 150,000 150,000 0 0 0 State Aid Street Projects 1,546,000 2,384,000 2,749,000 1,584,000. 642,000 2,215,000 Other Street Projects 1,255,000 1,930,000 1,930,000 1,930,000 1,930,000 9,650,000 Landscaping 0 170,000 0 0 0 0 SUBTOTAL $3,066,000 $4,774,000 $4,969,000 $3,654,000 $2,712,000 $12,565,000 CAPITAL EQUIPMENT: Data Processing 113,746 420,300 200,000 140,000 80,000 150,000 Other Equipment 401,000 65,900 4,500 711,000 6,000 0 City Vehicles 655,940 660,930 494,500 510,000 571,000 1,619,920 SUBTOTAL $1,170,686 $1,147,130 $699,000 $1,361,000 $657,000 $1,769 GRAND TOTAL $8,729,086 $16,834,705 $22,171,700 $7,354,000 $5,349,000 $30,920,920 CAPITAL IMPROVEMENT PROGRAM 1994 -2003 Water Utility $7,699,000 Other Street Improvements 8% Sanitary Sewer Utility p $5,242,000 $20,620,000 23% 6% Storm Drainage Utility tt 7 % $ 6 1 200,000 'fr. ASff i SM % Trails & Sidewalks t M $1,077,000 z x a+ State Aid Streets - Buildings W g $11 120,000 12 °i° r; 15 °i° $13 Community Development U 10% $10,100,000 7% $8,764,875 Capital Equipment Park Improvements TOTAL = $91,359,411 $6,80 736 0 TABLE 2 - Capital ImprovemE&rogram - Summary by Fund Where the Funds Would Come From 14- Jan -94 WATER UTILITY $641,500 $605,000 $498,250 $560,000 $222,000 $5,983,000 SANITARY SEWER UTILITY $1,185,500 $1,236,000 $1,005,250 $353,000 $272,000 $1,743,000 STORM DRAINAGE UTILITY $592,500 $2,801,000 $400,000 $435,200 $375,000 $1,875,000 MSA- REGULAR ACCOUNT #1496 $945,000 $1,515,000 $233,000 $991,000 $546,000 $1,589,000 MSA - LOCAL ACCOUNT #2911 $37,500 $720,000 $265,000 $201,000 $66,000 $152,000 MSA - LOCAL ACCOUNT #2900 $0 $120,000 $0 $0 $0 $0 SPECIAL ASSESSMENTS $820,000 $1,721,000 $1,421,000 $808,000 $581,000 $3,309,000 CAPITAL IMPROVEMENTS FUND $1,999,200 $70,000 $612,500 $700,000 $0 $0 GOLF COURSE FUND $28,500 $147,600 $74,500 $200,000 $0 $0 LIQUOR STORE FUND $0 $55,000 $0 $0 $0 $0 CENTRAL GARAGE FUND $445,940 $620,430 $420,000 $424,800 $571,000 $1,619,920 EDA LEVY $125,000 $229,500 $262,500 $337,500 $325,000 $1,825,000 CDBG FUNDS $180,000 $205,000 $205,000 $230,000 $230,000 $1,250,000 HERITAGE CENTER REVENUE $238,400 $162,900 $4,500 $11,000 $6,000 $0 OTHER FUNDS $225,000 $375,000 $1,062,500 $562,500 $675,000 $4,425,000 GENERAL OBLIGATION BONDS $787,500 $5,244,375 $13,809,700 $1,330,000 $1,260,000 $6,300,000 GENERAL FUND $266,046 $766,900 $314,000 $210,000 $220,000 $850,000 OTHER GOVERNMENTS $211,500 $240,000 $1,584,000 $0 $0 $0 GRAND TOTAL $8,729,086 $16,834,705 $22,171,700 $7,354,000 $5,349,000 $30,920,920 BY FUNDING SOURCE General Fund Water Utility $21#626,946 3% 9% $8,509,750 Other Funds 16% Sanitary Sewer Utility $14,765,000 6 ° �° $5,794,750 w Storm Drainage Utility 7% $6,478,700 Other Enterprise Funds k F 6% i $5,030 �¢'� MSA Regular Funds ° 6 ° $5,819,000 2% MSA Local Funds $1,561,500 9 % Special Assessments GO Bonds $8,660 , 32% $28 4 ° � ° Capital Improvements Fund $3,381,700 TABLE 3 - Capital Improvement Program - Cash Balance Analysis "Can We Afford To Make These Capital Outlays" ......................... .. .. ............ ........... ........ ... .......... ... .. 14-Jan-94 .......... .... . . ....... . . ........... .... ........... ... ..... ...... ...... ..... ... . . .... ........ .. ... ...... ... I. . . . ........... .... ......... ......... .... .. .... ........... Balance Jan 1 $4,580,580 $4,418,108 $4,343,823 $4,396,533 $4,415,297 Revenues Investment Interest 231,811 220,905 217,191 219,827 220,765 User Fees 1,045,500 1,096,500 1,147,500 1,198,500 1,236,750 Bond Proceeds Other 70,000 70,000 70,000 70,000 70,000 Expenditures Capital Outlays 681,919 605,000 498,250 560,000 222,000 Debt Service Operating Costs 827,864 856,690 883,732 909,562 936,212 Balance Dec 31 $4,418,108 $4,343,823 $4,396,533 $4,415,297 $4,784,600 S EW .......... Balance Jan 1 $2,793,000 $4,054,734 $3,209,010 $2,636,599 $2,657,967 Revenues Investment Interest 152,334 202,737 160,450 131,830 270,272 User Fees 2,216,555 2,355,000 2,513,336 2,571,854 2,782,805 Other 2,001,000 1,000 1,000 1,000 1,000 Expenditures Capital Outlays 1,278,068 1,236,000 1,005,250 353,000 272,000 Operating Costs 326,447 344,675 363,860 370,425 383,290 Debt Service 260,000 251,750 268,500 258,875 MWCC Charge 1,503,640 1,563,786 1,626,337 1,691,391 1,759,046 Balance Dec 31 $4,054,734 $3,209,010 $2,636,599 $2,657,967 $3,038,833 Y . . ....... - T . ... .. ............ Balance Jan 1 $464,760 $2,436,295 $85,610 $99,190 $83,450 Revenues Investment Interest 16,035 121,815 4,280 4,960 4,172 User Fees 702,000 702,000 780,000 780,000 832,000 Other 2,000,000 Expenditures Capital Outlays 592,500 2,801,000 400,000 435,200 375,000 Operating Costs 107,000 114,000 114,200 114,500 123,520 Debt Service 210,000 204,500 199,000 243,500 Management Costs 47,000 49,500 52,000 52,000 52,000 Balance Dec 31 $2,436,295 $85,610 $99,190 $83,450 $125,602 0 TABLE 3 - Capital Improvement Program - Cash Balance Analysis "Can We Afford To Make These Capital Outlays" ........... . ........... ........ .. .... .. . ......... ......... j .......... ........ X. PAL EAQ.`i4R ... ... ..... .... . ..... ................... Awo. Balance Jan 1 $1,371,317 $859,347 ($201,978) $17,149 ($522,439) Revenues Intergovernmental 838,185 850,000 850,000 850,000 850,000 Expenditures Capital Outlays 945,000 1,515,000 233,000 991,000 546,000 Transfers to Other Funds 90,000 90,000 90,000 90,000 90,000 Debt Service 315,155 306,325 307,873 308,588 308,478 Balance Dec 31 $859,347 ($201,978) $17,149 ($522,439) ($616,917) .. . ............... . ................ .... . ........... .... .................. ........... Balance Jan 1 $0 $0 $0 $0 $0 Revenues Special Assessments Other Expenditures Capital Outlays 0 0 0 0 0 Other Balance Dec 31 $0 $0 $0 $0 Ac ........... Balance Jan 1 $2,753,300 $2,853,465 $2,156,138 $1,998,945 $1,897,892 Revenues Investment Interest 137,665 142,673 107,807 99,947 94,895 Other Expenditures Capital Outlays 37,500 840,000 265,000 201,000 66,000 Other Balance Dec 31 $2,853,465 $2,156,138 $1,998,945 $1,897,892 $1,926,787 ... ... ... .......................... Balance Jan 1 $4,970,822 $3,220,163 $3,311,171 $2,864,230 $2,307,441 Revenues Investment Interest 248,541 161,008 165,559 143,211 115,372 Bond Proceeds 0 0 0 0 0 Expenditures Capital Outlays 1,999,200 70,000 612,500 700,000 0 Debt Service Balance Dec 31 $3,220,163 $3,311,171 $2,864,230 $2,307,441 $2,422,81 TABLE 4 - Capital Improvement Program - Summary By Function and Fund 14 -Jan- :... 4 .,. .1.. 985.. PF-VIC UTILITY IMPROVEMENTS: Water Utility 345,000 485,000 373,000 405,000 200,000 5,891,000 Sanitary Sewer Utility 860,000 1,229,000 909,000 329,000 270,000 1,645,000 Storm Drainage Utility 525,000 2,675,000 400,000 350,000 375,000 1,875,000 SUBTOTAL $1,730,000 $4,389,000 $1,682,000 $1,084,000 $845,000 $9,411,000 SIDEWALK/TRAIL IMPROVEMENTS: TRAILS State Aid - Local Accounts #2911/ #2900 0 425,000 10,000 10,000 10,000 200,000 Other Governments 0 50,000 0 0 0 0 SIDEWALKS State Aid - Local Accounts #2911/ #2900 85,000 25,000 87,000 25,000 25,000 125,000 SUBTOTAL $85,000 $500,000 $97,000 $35,000 $35,000 $325,000 PARKIMPROVEMENTS Capital Projects Fund 374,200 70,000 0 0 0 0 General Fund 0 101,000 0 0 0 0 Golf Course Fund 28,500 132,100 0 200,000 0 0 Storm Drainage Utility 0 800,000 0 0 0 0 GO Bonds 0 2,439,375 4,549,700 70,000 0 0 SUBTOTAL $402,700 $3,542,475 $4,549,700 $270,000 $0 $0 PUBLIC BUILDINGS General Fund 12,300 180,100 0 0 0 0 Capital Improvements Fund 1,375,000 0 612,500 0 0 0 Water Utility 200,000 0 81,250 0 0 0 Sanitary Sewer Utility 200,000 0 81,250 0 0 0 Heritage Center /Other Revenue 87,400 107,000 500,000 0 0 750,000 GO Bonds 0 1,545,000 8,000,000 0 0 0 SUBTOTAL $1,874,700 $1,832,100 $9,275,000 $0 $0 $750,000 STR EET IMPROVEMENTS Regular #1496 945,000 1,515,000 233,000 991,000 546,000 1,589,000 Local #2911/ #2900 (110,000) 390,000 168,000 166,000 31,000 (173,000) Water Utility 66,500 95,000 31,000 145,000 22,000 92,000 Sanitary Sewer Utility 13,000 7,000 2,000 14,000 2,000 98,000 Storm Drainage Utility 0 326,000 0 0 0 0 Special Assessments 882,500 721,000 1,421,000 808,000 581,000 3,309,000 GO Bonds 787,500 1,260,000 1,260,000 1,260,000 1,260,000 6,300,000 General Fund 140,000 140,000 140,000 140,000 140,000 700,000 CDBG 130,000 130,000 130,000 130,000 130,000 650,000 Hennepin County 211,500 190,000 1,584,000 0 0 0 SUBTOTAL $3,066,000 $4,774,000 $4,969,000 $3,654,000 $2,712,000 $12,565,000 COMMUNITY DEVELOPMENT CDBG 50,000 75,000 75,000 100,000 100,000 600,000 EDA Levy 125,000 200,000 262,500 287,500 325,000 1,825,000 Other Funds 225,000 375,000 562,500 562,500 675,000 3,675,000 SUBTOTAL $400,000 $650,000 $900,000 $950,000 $1,100,000 $6,100,000 CAPITAL EQUIPMENT: DATA PROCESSING General Fund 113,746 335,800 174,000 70,000 80,000 150,000 Other Funds 0 84,500 26,000 70,000 0 0 OTHER EQUIPMENT General Fund 0 10,000 0 0 0 0 Heritage Center Revenue 151,000 55,900 4,500 11,000 6,000 0 Capital Improvements Fund 250,000 0 0 700,000 0 0 CENTRAL GARAGE VEHICLES & EQUIPMENT Central Garage Fund 445,940 620,430 420,000 424,800 571,000 1,619,920 Golf Course Fund 0 15,500 74,500 0 0 0 Water Utility 30,000 25,000 0 0 0 0 Sanitary Sewer Utility 112,500 0 0 0 0 0 Drainage Utility 67,500 0 0 85,200 0 0 SUBTOTAL $1,170,686 $1,147,130 $699,000 $1,361,000 $657,000 $1,769,920 GRAND TOTAL $8,729,086 $16,834,705 $22,171,700 $7,354,000 $5,349,000 $30,920,920 A. PUBLIC WORKS While most of the City of Brooklyn Center is fully developed, some new development areas and redevelopment areas require the installation of public improvements. The City requires developers to finance and install all public improvements necessary to service their developments. Any oversizing of facilities to provide capacity to service an area greater than the project area is financed by the City through such sources as the Municipal State Aid Street funds, water and sewer utility funds, storm drainage utility funds and tax increment financing (TIF) funds. The City's program also provides for a high level of maintenance of the existing infrastructure and for the rehabilitation or reconstruction of facilities as needed to improve their functionality, safety, or serviceability. 1. Street Improvement and Maintenance Programs The City's programs relating to streets under its jurisdiction include the following: • An annual high -level maintenance program which includes the sealcoating of all City streets on an 8 -year (average) cycle. • The Municipal State Aid Street program, to which the State of Minnesota provides annual funding ($842,110 in 1993 to MSA Account #1496) to maintain and improve the 21.3 miles of collector streets which are designated as MSA streets. • Review and possible construction of traffic signal systems at intersections with growing traffic volumes.. • Several landscaping projects to enhance the appearance of the City. • Rehabilitation and reconstruction of non -MSA streets upon receipt of petitions for such improvements. The established policy provides that one -third (1/3) of the costs for such improvements will be levied as special assessments, while two - thirds (2/3) of those costs will be paid by City funds). As the City's street system continues to age, it will be necessary to either (a) continue to increase the level of funding for the maintenance program, or (b) initiate a more aggressive program for rehabilitation or reconstruction. Discussion is underway regarding the implementation of a comprehensive street improvement program, which would systematically repair or reconstruct all streets in the City over the next 20 years. Six areas of the City have been identified for consideration in 1994. At this time it is expected that such improvements would be financed through a combination of public utility funds, Municipal State Aid, special assessments, and general obligation bond proceeds. -10- 2. Sidewalk/TrailImprovements The City has established and constructed a comprehensive sidewalk system which serves all major activity areas and corridors of pedestrian traffic. 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 two accounts within the Municipal State Aid Construction fund: (a) MSA Local Account #2900 The source of funds for this account consists only of investment interest earnings which have not been appropriated to construction projects or other costs. (b) MSA Local Account #2911 The source of funds for this account consists of surpluses from projects which have had more than 100% of the project cost recovered due to duplicate charges to the regular MSA fund (Account #1496) and special assessments. Activities included in the CIP for future consideration include: • Construction of several trail segments, with emphasis given to segments which connect major trail systems. • Some high priority sidewalk segments. • Consideration of the Twin Lake Trail system and trail head improvements is shown under Parks and Recreation. -11- 3. Water Utility Proposed activities relating to the public water supply /distribution system include the following: • A routine well inspection and maintenance program to assure the continued functioning of the existing wells. • Painting of the water towers. • Installation of various O &M features to improve the operability of the system. • Installation of new water mains as needed to serve new developments or redevelopment areas. • Consideration of construction of two new supply facilities (one storage reservoir and one additional well) to assure the system's ability to provide needed capacity during peak demand periods and for fire protection. • Consideration of construction of a tie -in with Brooklyn Park's water system, to help meet demand during emergencies (e.g., a major fire, a disaster, the breakdown of one or more wells). • Installation of 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. All costs for water supply, distribution system, O &M, and improvements are financed through water use charges, connection charges, and lateral assessments. Water use charges and connection charges are adjusted annually based on a comprehensive rate study analysis which reviews operation, maintenance, depreciation and construction costs as related to projected water consumption demand. -12- 4. Sanitary Sewer Utility Proposed activities relating to the sanitary sewer collection system include the following: • A routine sewer and lift station inspection and maintenance program. • Replacement of the existing lift station monitoring system, to improve its reliability. • Installation of new sewers as needed to serve new developments or redevelopment areas. • Replacement of several segments of sewer which have been identified as needing replacement by the television inspection program. • Replacement of one major lift station and associated force main, to insure its reliability. • Replacement of a trunk line sewer main originally constructed from corrugated metal pipe (CMP). All costs for sanitary sewer system O &M and improvements are financed through sewer use charges, capital improvement bonds, connection charges and lateral assessments. Sewer use charges and connection charges are adjusted annually based on a comprehensive rate study analysis which reviews operation, maintenance, depreciation and construction costs, as well as sewage treatment charges from the Metropolitan Waste Control Commission (which provides wastewater treatment for the entire Twin City metro area). -13- 5. Storm Drainage Utility Y Work continues on development of the Local Water Management Plan. This plan, which is a comprehensive engineering evaluation of the City's storm drainage system, will outline deficiencies in the existing system, and will be used to develop plans for specific capital improvements. High - priority areas of deficiency are being evaluated on a faster track, and the CIP includes projects to address those high priority concerns. Proposed activities relating to the storm drainage system include the following: • Operational activities include storm drainage system maintenance and a street sweeping program • Management activities include participation in two Watershed Management Commissions. These activities also include the development of a local storm water management plan as required by the Minnesota Surface Water Management Act, and the development of a public education program relating to surface water management • Major improvements to be considered in the period 1994 -95 include construction of "Gateway" storm drainage pond and park in the southwest quadrant of the 1 -94 and Brooklyn Boulevard interchange; and a joint project with the City of Minneapolis to construct a drainage pond to serve the Brookdale commercial area and some residential areas. • Storm drainage improvements proposed to be completed in conjunction with street improvement projects include the Northwest neighborhood (west of Brooklyn Boulevard and north of 1 -94); 57th Avenue from Logan to Lyndale; and 63rd Avenue west of Brooklyn Boulevard. All costs for storm drainage system O &M and improvements are financed through the storm drainage utility (SDU) user fee system which was adopted in 1991, capital improvement bonds, and special assessments. SDU use charges will be adjusted annually based on a comprehensive rate study analysis which reviews all costs relating to the storm drainage system. -14- B. PARKS AND RECREATION Park and Recreation facilities were comprehensively reviewed in 1993. While continuing the current level of operation and maintenance of the park and recreation system/program, the Capital Improvement Program anticipates the following expenditures: • Replacement of playground equipment in most of the City's neighborhood parks over the next three years • Acquisition of new park land • Development of the Twin Lake /Preserve /Kylawn nature area and Twin Lakes Trail system, in cooperation with the cities of Crystal and Robbinsdale • Comprehensive review of shelter building needs, and repair or replacement of most shelter buildings over the next five years • Construction of a new park/open space area (currently referred to as "Gateway Park ") in the southwest quadrant of the 1 -94 /Brooklyn Boulevard interchange. This park is in conjunction with the storm drainage pond to be constructed in 1994 • A major study of the Shingle Creek corridor, from the south City limits, through the golf course, Central Park, and Palmer Lake to the north City limits. The study would encompass recreational opportunities, water quality issues, and condition of existing facilities • Consideration of major new facilities, including a hockey arena or a golf dome. These items would only be considered by referendum Some items are proposed for funding from the Capital Improvements Fund. Other major capital improvements are proposed to be funded with general obligation bonds authorized by referendum approval. - 15 - C. FACILITIES AND EQUIPMENT 1. Government Buildings Proposed major improvements to be considered over the next several years include: • Interim remodelling to the upper level of City Hall to alleviate severe space needs, improve the Council Chambers, and begin to meet ADA accessibility requirements. The proposed project would also provide short-term overflow office space for the Police Department and begin to address air quality needs. • Major remodelling of the Central Garage to meet life safety, EEO, ADA, building and fire code, and space needs. • An addition to the City Hall building with the emphasis on providing additional space for the Police Department and upgrading mechanical systems. • An addition to the Community Center with the emphasis on providing space for senior activities. • Construction of an additional storage building at the Central Garage to provide increased protection for the City's fleet of vehicles. • Construction of additions to both of the City's fire stations to provide improved training facilities and increased vehicle storage space. Proposed funding for the improvements would come from several sources. In the short term, remodelling of upper City Hall and the Central Garage would be funded primarily from the Capital Improvements Fund. The water and sewer utilities would contribute to the cost of the Garage remodelling. Other improvements would be considered for funding from General Obligation bonds. It is expected that a referendum considering authorization of the sale of bonds would be placed on the ballot in late 1994 or early 1995. -16- 2. Data Processing The City currently obtains its data processing services from two sources: major data processing systems (financial, utility billing, payroll) through LOGIS, a consortium of 19 suburban cities and the Metropolitan Council; and through desk top PC applications. This area has experienced rapid growth in the late 1980's, and a substantial investment in DP equipment has been made. The City has completed a management information systems (MIS) strategic plan. It is intended that this plan provide a basis on which proposed expenditures for data processing equipment can be evaluated. An important component of the plan is an information system relationship analysis, which provides a method for detecting duplications of data, equipment, and effort. Additions of new hardware and software and replacement of hardware are evaluated through P g the annual budget process. Acquisition is funded primarily through the general fund budget, although the public utility funds, the Liquor Store fund, and the Economic Development and Housing Redevelopment Authorities are charged the cost of requisite equipment. Proposed major improvements include: • Upgrade of the Local Area Network (LAN) in the Civic Center, and the remote access with the City Garage and Heritage Center • Installation of Mobile Digital Terminals (MDT's) in Police and inspection vehicles • Replacement of existing cash registers in the Liquor Stores, Parks & Recreation, Administration, and the Earle Brown Heritage Center • Acquisition, replacement, or upgrade of major application, such as replacing the UltiMap GIS with ArcInfo and ArcView; adding AutoCAD; replacing the LOGIS financial investment module with a PC based package; and acquiring an imaging system. • In the long term, installation of a mini - computer in the Civic Center to convert Brooklyn Center to a LOGIS distributed site • Continued replacement of hardware and software as necessary. -17- 3. Vehicles and Equipment The City policy for the replacement of vehicles and equipment establishes a projected reasonable life cycle for 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. Additions of new vehicles and equipment are requested through the annual budget process. In 1994 the City will implement a Central Garage Internal Service Fund, which will own all vehicles and major equipment. The cost of owning (depreciation, license, insurance, overhead) and operating (preventative maintenance and repair) vehicles and equipment will be charged back to the departments using the equipment. Replacement of existing equipment would be funded from the Fund. The addition of equipment would be considered for funding from a variety of sources: the General Fund, enterprise funds, etc. -18- D. COMMUNITY DEVELOPMENT Community Development improvements fall into two categories: community development and Heritage Center operations. 1. Community Development The major community development activities are commercial development and redevelopment and residential redevelopment. • Redevelopment of Brooklyn Boulevard is currently in its second phase of study. The first phase took a basic approach to identifying options for redevelopment. The second phase will identify specific themes, improvements, planning considerations, etc., to be used in guiding redevelopment. • Community Development continues to work together with the Brookdale Shopping center to provide support for redevelopment. Community Development and Engineering are working together with Brookdale to develop options for meeting storm drainage and water quality requirements which will be in effect if Brookdale undertakes any major remodelling and expansion (see Table C, Storm Drainage) • It is anticipated that the program of purchasing dilapidated single family houses and apartment buildings will continue as funds are available 2. Heritage Center Operations • Several minor remodelling projects are shown for consideration. These include both remodelling to meet the requirements of the Americans with Disabilities Act, and other maintenance and repair • Included for consideration is acquisition of additional land near the Heritage Center to serve as overflow parking, and the eventual construction of the G barn • Replacement or acquisition of several items of major equipment are included for consideration Community Development activities are funded from a combination of TIF revenue, Community Development Block Grant (CDBG) funds, the EDA levy, and Heritage Center revenue. A category of "Other funds" is shown on Table J to indicate that funding has not been identified for some proposed activities. -19- TABLE A - Capital Improvement Program - Detail of Capital Outlays Water Utility Capital Improvements 1 4-Jan-94 �.. , . ;:.;:.;:.;:.;:.; .: . EXPENDITURES: WATER DISTRIBUTION SYSTEM 69th Avenue, Shingle Creek Pkwy to Oliver 150,000 $0 All water utility 69th Avenue, Oliver to Dupont $150,000 Neighborhood Street Improvements 100,000 100,000 140,000 100,000 120,000 $750,000 WATER SUPPLY SYSTEM 2 MG Reservoir & Pumping Station $3,300,000 Construct Well #11 $1,000,000 MISCELLANEOUS PROJECTS New Electric Controls at Wells 5, 6, 7 90,000 $0 1694 & Dupont (South) 24" steel main 60,000 $0 Emergency tie -in to Brooklyn Park 225,000 $0 WATER TOWERS Paint Tower #1 $166,000 Paint Tower #2 150,000 $0 Paint Tower #3 158,000 $0 Landscape Tower #1 10,000 MISCELLANEOUS $0 Routine Well Maintenance 50,000 50,000 50,000 55,000 55,000 $275,000 Cathodic Protection 25,000 25,000 25,000 25,000 25,000 $125,000 SCADA Hardware & Software Update 20,000 $0 SCADA Replacement $125,000 TOTAL EXPENDITURES $345,000 $485,000 $373,000 $405,000 $200,000 $5,891,000 I i FUND SOURCES: Water Utility 345,000 485,000 373,000 405,000 200,000 $5,891,000 TOTAL $3457000 $485,000 $373,000 $405,000 $200,000 $5,891,000 i TABLE B - Capital Improvement Program - Detail of Capital Outlays Sanitary Sewer Utility Capital Improvements 0* K 14-Jan-94 EXPENDITURES: All San Sewer Utility LIFT STATIONS Replace Lift #1 and Forcemain 100,000 500,000 600,000 $0 Replace Lifts 10 & 11 100,000 $120,000 SEWER REPLACEMENT: 53rd Avenue (By Brookdale 10 Apts) 32,000 $0 Trunk line, 69th Avenue to Lift Station #1 500,000 500,000 $0 Neighborhood Street Improvements 200,000 200,000 280,000 200,000 240,000 $1,250,000 MISCELLANEOUS Annual Televising Program 8,000 9,000 9,000 9,000 10,000 $50,000 1/1 Remediation Program 20,000 20,000 20,000 20,000 20,000 $100,000 INTRAC Replacement $125,000 TOTAL EXPENDITURES $860,000 $1,229,0001 $909,000 $329,000 $270,000 $1,645,000 FUND SOURCES: Sanitary Sewer Utility 860,000 1,229,000 909,000 329,000 270,000 $1,645,000 TOTAL $860,000 $1,229,000 $909,000 $329,000 $270,000 $1,645,000 TABLE C - Capital Improvement Program - Detail of Capital Outlays Storm Drainage Utility Capital Improvements .. 14- Jan -94 >> «` >< >< < ; ' ::;:::<«> :.:.;.:...::.;.::..::. a�..:.;>t ..... All Storm Drainage EXPENDITURES:* Utility Repair /Replace Defective Sections of System 50,000 100,000 100,000 100,000 100,000 $500,000 Neighborhood Street Improvements 475,000 250,000 300,000 250,000 275,000 $1,375,000 Brooklyn Gateway Pond ** 325,000 $0 Brookdale Pond 2,000,000 $0 TOTAL EXPENDITURES $525,000 $2,675,000 $400,000 $350 $375,000 $1,875,000 FUND SOURCES: Storm Drainage Utility 525,000 1,675,000 400,000 350,000 375,000 1,875,000 Special Assessments 1,000,000 TOTAL $525,000 $2,675,000 $400,000 $350,000 $375,000 $1,875,000 *More detail will be available on completion of the City's Local Water Management Plan. * *The Gateway Park improvements, also to be funded by the SDU, are shown in Table E, Park Improvements TABLE D - Capital I mprovement *gram - Detail of Capital Outlays Sidewalk and Trail Improvements U ........... 14- Jan -94 F EXPENDITURES: OFF-STREET TRAIL: Brookdale Center Trail 300,000 $0 Local State Aid Hennepin Parks' Riverridge Trail 50,000 $0 Hennepin County NSP Easement Trail, Knox to Dupont 50,000 $0 Local State Aid Willow Lane, 1694 to West River Road 25,000 $0 Local State Aid 69th Avenue, Shingle Creek Parkway-Oliver 30,000 $0 Local State Aid 69th Avenue, Oliver to Dupont $150,000 Local State Aid ON-S TREET TRAIL: Marking and Signage 20,000 10,000 10,000 10,000 $50,000 Local State Aid SIDEWALK: Miscellaneous Repairs 60,000 25,000 25,000 25,000 25,000 $125,000 Local State Aid Northway Drive 25,000 $0 Local State Aid 55th Avenue, Lions Park to Logan 35,000 $0 Local State Aid 71st/72nd Avenues, Noble to Halifax 27,000 $0 Local State Aid TOTAL EXPENDITURES $85,000 $500,000 $97,000 $35,000 $35,000 $3i�5,00O FUND SOURCES: State Aid - Local Accounts #2911/#2900 85,000 450,000 97,000 35,000 35,000 325,000 General Fund 0 Other Governments 0 50,000 0 TOTAL $85,000 $500,000 $97,000 $35,000 $325,000 TABLE E - Capital Improvement Program - Detail of Capital Outlays Park Improvements 14 Jan 94 'I ;:.;;;:<;.::. ;::.;;:;:. �., �J..;::<::>:>:::>X �.99�� ...........:.:::::::."t.� .?..::::::.:::. 1:: ��..'C.�.:3.:.�Qt� :.:. >::::::.:.: N. .:. EXPENDITURES: Shingle Cr Corridor Rec Facility Study & EAW 100,000 $0 Capital Impr Fund ADA: Trails & curb cuts 72,700 $0 Capital Impr Fund Brooklyn Gateway Park 800,000 $0 Storm Drainage Utility Repair ped bridges in parks /golf course 70,000 30,000 $0 Capital Impr Fund /Golf Crs Replace Bleachers 56,000 $0 General Fund Twin Lake Trail 450,000 $0 GO Park Bonds,ISTEA Twin Lake trailhead acq & improvements 300,000 $0 GO Park Bonds Acquisition & development of Joslyn site 200,000 $0 GO Park Bonds Hockey arena 4,000,000 $0 GO Park Bonds Golf dome 200,000 $0 Golf Course Fund INDIVIDUAL PARK IMPROVEMENTS Bellvue Shelter 120,000 $0 GO Park Bonds Playground equipment 35,000 $0 GO Park Bonds Brooklane Shelter 10,775 $0 GO Park Bonds Central Playground equipment $0 GO Park Bonds Fix ball diamonds 20,000 $0 GO Park Bonds Centerbrook Golf Course Park shelter building 12,100 $0 Golf Course Fund Build picnic shelter 120,000 $0 Golf Course Fund Expand clubhouse ? $0 Golf Course Fund TABLE E - Capital Improvemen *ogram - Detail of Capital Outlays Park Improvements 1 Jan 94 Evergreen Shelter 120,000 $0 GO Park Bonds Build handcapped- access restroom 5,000 $0 GO Park Bonds Ball field lights 100,000 $0 GO Park Bonds Move hockey rink 40,000 $0 GO Park Bonds Storage buildings 10,000 $0 General Fund Satellite enclosures 5,000 $0 General Fund Firehouse Shelter 22,100 $0 GO Park Bonds Playground equipment 35,000 $0 GO Park Bonds Trail lights 7,000 $0 GO Park Bonds Freeway Trail lights 7,000 $0 GO Park Bonds Garden City Shelter 4,200 $0 GO Park Bonds Playground equipment 35,000 $0 GO Park Bonds Enlarge parking lot 30,000 $0 GO Park Bonds Grandview Shelter 45,000 $0 GO Park Bonds Playground equipment 40,000 $0 GO Park Bonds Move rink 12,000 $0 GO Park Bonds Ball field lights 100,000 $0 GO Park Bonds Trail lights 14,000 $0 GO Park Bonds Happy Hollow Shelter 60,000 $0 GO Park Bonds Playground equipment 35,000 $0 GO Park Bonds Trail lights 7,000 $0 GO Park Bonds Kvlawn Shelter 120,000 $0 GO Park Bonds Playground equipment 35,000 $0 GO Park Bonds Hockey lights 1 50,000 $0 GO Park Bonds TABLE E - Capital Improvement Program - Detail of Capital Outlays Park Improvements . .......... ...... ... ...... 14-Jan-94 . . . ........... ...... ... . ...... . .. ........... ...... ....a.- . ...... .......... ...... ...... Lions Build handicapped- access restrooms 5,000 $0 GO Park Bonds Playground equipment 40,000 $0 Capital Impr Fund Marlin Playground equipment 35,000 $0 GO Park Bonds Northport Shelter 100,000 $0 GO Park Bonds Build handicapped- access restroorn 5,000 $0 GO Park Bonds Trail lights 7,000 $0 GO Park Bonds Storage buildings 10,000 $0 General Fund Orchard Shelter 100,000 $0 GO Park Bonds Playground equipment 40,000 $0 Capital Impr Fund Trail lights 7,000 $0 GO Park Bonds E Palmer Shelter 100,000 $0 GO Park Bonds Playground equipment 35,000 $0 GO Park Bonds Fix ball diamond $0 GO Park Bonds Trail lights 7,000 $0 GO Park Bonds W Palmer Shelter 80,000 $0 GO Park Bonds Playground equipment 40,000 $0 Capital Impr Fund Storage buildings 10,000 $0 General Fund Trail lights 7,000 $0 GO Park Bonds Nature Area Build picnic shelter 80,000 $0 GO Park Bonds Repl nature trail chips w/crushed limestone 25,500 $0 GO Park Bonds Riverdale Shelter 60,000 $0 GO Park Bonds Playground equipment 35,000 $0 IGO Park Bonds >� TABLE E - Capital Improvement jograrn - Detail of Capital Outlays , Park Improvements 1 4-Jan-94 Twin Beach Shelter 7,000 $0 GO Park Bonds Playground equipment 35,000 $0 GO Park Bonds Fishing pier, including parking lot 64,000 $0 GO Park Bonds Extend trail 7,500 $0 GO Park Bonds Wangstad Playground equipment 35,000 $0 GO Park Bonds Willow Lane Shelter 106,000 $0 GO Park Bonds Playground equipment 40,000 $0 Capital Impr Fund Ball field lighting 50,000 $0 GO Park Bonds Tennis court 50,000 $0 GO Park Bonds Trail lights 7,000 $0 GO Park Bonds TOTAL EXPENDITURES $402,700 F$3 ,542,475 $4,549,700T $270,000 $0 $0 FUND SOURCES: Capital Impr Fund 374,200 70,000 0 0 0 0 General Fund 0 101,000 0 0 0 0 Golf Course 28,500 132,100 0 200,000 0 0 GO Bonds 0 2,439,375 4,549,700 70,000 0 0 Storm Drainage Utility 0 1 800,000 0 1 0 0 0 TOTAL $402,700 1 $3,542,475 $4,549,700 $270,000 $o $o TABLE F - Capital Improvement Program - Detail of Capital Outlays Public Building Improvements 14- Jan -94 ':: < :. .. .......... . ::::::...............................................................:.:...::......., fi.:. ::::..:......:.:"f:9...7....... .............98.............1. X99- 2:(#:::::::::: ::::FiJa'�LF3..+a.UR.G:::::;:;: EXPENDITURES: CITY OFFICES SHORT TERM, INTERIM REMODELLING Remodel Council Chamb, Comm Dev, conf 400,000 Capital Impr Fund rooms, reception, add PD temporary trailer LONG TERM NEEDS Construct Public Safety addition and 7,000,000 $0 GO Bonds remodel existing City Hall space $0 GO Bonds OPTIONAL APPROACH: Piecemeal Remodelling Remodel Community Development offices ? $0 Some combination of Replace HVAC system ? $0 GO Bonds, Cap Impr Fund, Remodel Council Chambers ? $0 General Fund Expand Police into file storage room ? $0 Remodel Finance Department reception ? $0 Remodel Administration (Main) reception ? $0 Add 2 conference rooms ? $0 Remodel Engineering offices ? $0 Cage phone /MIS area in basement ? $0 Construct MIS Center ? $0 Replace underground storage tanks ? Replace roof ? $0 ADA Compliance ? $0 > TABLE F - Capital Improvement Ogram - Detail of Capital Outlays i Public Building Improvements ....:....... ::.::.::.::::.:« .::.::::... :...:....::.::.::.:: ::.;:.::.::.::::.;:.:::>:.;.::.:......; ;::.;:.::.::.::.:........::.:.. .:..::.::.:. ::.::.:::...::......:::. :.....: .....::.::..... Ja ::. 1. 9.... x ?.....:............. 9�8. K COMMUNITY CENTER OPTION 1: Space Needs Study Activity & Fitness Center 10,300,000 GO Bonds OPTION 2: Alternative Approach Senior Center /Elevator 1,000,000 $0 GO Bonds OTHER NEEDS: Replace carpet 86,300 $0 General Fund Replace pool filter disks 12,300 $0 General Fund Ozonation system 37,800 $0 General Fund Renovate wading pool 46,000 $0 General Fund ADA Compliance ? $0 Capital Impr Fund CENTRALGARAGEIMPROVEMENTS Building improvements 1,280,000 $0 Capital Impr, Utilities Site improvements 95,000 325,000 $0 Capital Impr, Utilities Additional Storage 450,000 $0 Capital Impr, Utilities FIRE STATIONS Remodel East Station 700,000 $0 GO Bonds Remodel West Station 375,000 $0 Go Bonds Replace East Station roof 70,000 $0 Go Bonds E & W station dumpster enclosures 10,000 $0 General Fund TABLE F - Capital Improvement Program - Detail of Capital Outlays Public Building Improvements :. D::..S . LIQUOR STORES Construct Liquor #3 400,000 $0 Bonds or internal borrowing, repaid from profits TOTAL EXPENDITURES $1,787,300 $1,725,100 $8,775,000 $o $o $o FUND SOURCES: General Fund 12,300 180,100 0 0 0 $0 Capital Improvements Fund 1,375,000 612,500 $0 Water Utility 200,000 81,250 $0 Sanitary Sewer Utility 200,000 81,250 $0 EDA levy $0 GO Bonds 0 1,545,000 8,000,000 0 0 $0 TOTAL 1 $1,787,300 J $1,725,100 1 $8,775,000 1 $0 I $0 I $0 TABLE G - Capital Improvement4gram - Detail of Capital Outlays Street Improvements .... . ........ .. ....... ps 14-Jan-94 EXPENDITURES: SEALCOATING 140,000 140,000 140,000 140,000 140,000 $700,000 General Fund SIGNALS Brooklyn Blvd & TH 100 NB Ramp/Lilac Dr 150,000 $0 Local State Aid Brooklyn Blvd & 51st Avenue 150,000 $0 Local State Aid Summit & Earle Brown W (Target Entrance) 125,000 $0 Special Assessments & Local State Aid STATE AID STREET PROJECTS 57th Avenue, Logan to Lyndale 1,100,000 $0 IVISA-Regular #1496 404,000 $0 MSA-Regular #1496 MSA-Local #2911/#2900 126,000 $0 IVISA-Local #2911/#2900 Water Utility 50,000 $0 Water Utility Sanitary Sewer Utility 4,000 $0 Sanitary Sewer Utility Storm Drainage Utility 326,000 $0 Storm Drainage Utility Hennepin County 190,000 $0 Hennepin County Humboldt Avenue, 69th to N City Limits 423,000 IVISA-Regular #1496 270,000 IVISA-Regular #1496 MSA-Local #2911/#2900 40,000 MSA-Local #2911/#2900 Water Utility 31,000 Water Utility Sanitary Sewer Utility 2,000 Sanitary Sewer Utility Storm Drainage Utility 0 Storm Drainage Utility Special Assessments 80,000 Special Assessments TABLE G - Capital Improvement Program - Detail of Capital Outlays Street Improvements - 4 Jan 94 <<< 73rd Avenue TH252 to Humboldt 423,000 50% Brooklyn Park MSA- Regular #1496 270,000 MSA - Regular #1496 MSA -Local #2911/ #2900 40,000 MSA -Local #2911/ #2900 Water Utility 31,000 Water Utility Sanitary Sewer Utility 2,000 Sanitary Sewer Utility Storm Drainage Utility 0 Storm Drainage Utility Special Assessments 80,000 Special Assessments Brooklyn Boulevard, 64th to N City Limits ROW Acquisition ? 50% City, 50% Henn County Road Construction 2,400,000 2/3 ISTEA.1 /3 (Cnty,TIF,SA' Utilities ? Various utility funds Lighting, Landscaping, Other ? ? ? ? TIF, Sp Assess, Other? 69th Ave. Shingle Cr Pkwy to Oliver & Bridge 1,197,000 $0 MSA - Regular #1496 1,060,000 $0 MSA - Regular #1496 MSA -Local #2911/ #2900 (2,000) $0 MSA -Local #2911/ #2900 Water Utility 32,000 $0 Water Utility Sanitary Sewer Utility 2,000 $0 Sanitary Sewer Utility Storm Drainage Utility 0 $0 Storm Drainage Utility Special Assessments 105,000 $0 Special Assessments $0 Noble Avenue, Brooklyn Blvd to N City Limits 87,000 $0 MSA - Regular #1496 51,000 $0 MSA - Regular #1496 MSA -Local #2911/ #2900 (4,000) $0 MSA -Local #2911/ #2900 Water Utility 13,000 $0 Water Utility Sanitary Sewer Utility 1,000 $0 Sanitary Sewer Utility Storm Drainage Utility 0 $0 Storm Drainage Utility Special Assessments 26,000 $0 Special Assessments 0 TABLE G - Capital Improvement *,gram - Detail of Capital Outlays Street Improvements ............. ........ ... .... .... R ...... . ..... . . MS 14-Jan-94 UN France Avenue, 69th to N City Limits 349,000 $0 MSA-Regular #1496 & Federal funds 233,000 $0 MSA-Regular #1496, Federa MSA-Local #2911/#2900 18,000 $0 MSA-Local #2911/#2900 Water Utility 31,000 $0 Water Utility Sanitary Sewer Utility 2,000 $0 Sanitary Sewer Utility Storm Drainage Utility 0 $0 Storm Drainage Utility Special Assessments 65,000 $0 Special Assessments 63rd Avenue, W City Limits to Brooklyn Blvd 1,002,000 $0 MSA-Regular #1496 596,000 $0 MSA-Regular #1496 MSA-Local #2911/#2900 156,000 $0 MSA-Local #2911/ #2900 Water Utility 95,000 $0 Water Utility Sanitary Sewer Utility 5,000 $0 Sanitary Sewer Utility Storm Drainage Utility 0 $0 Storm Drainage Utility Special Assessments 150,000 $0 Special Assessments 53rd Avenue, France to 55th Avenue 403,000 $0 MSA-Regular #1496 247,000 $0 MSA-Regular #1496 MSA-Local #2911/#2900 51,000 $0 MSA-Local #2911/#2900 Water Utility 36,000 $0 Water Utility Sanitary Sewer Utility 2,000 $0 Sanitary Sewer Utility Storm Drainage Utility 0 $0 Storm Drainage Utility Special Assessments 67,000 $0 Special Assessments 67th Avenue, Humboldt to Dupont 179,000 $0 MSA-Regular #1496 148,000 $0 MSA-Regular #1496 MSA-Local #2911/#2900 (41,000) $0 MSA-Local #2911/#2900 Water Utility 14,000 $0 Water Utility Sanitary Sewer Utility 7,000 $0 Sanitary Sewer Utility Storm Drainage Utility 0 $0 Storm Drainage Utility Special Assessments 51,000 $0, Special Assessments TABLE G - Capital Improvement Program - Detail of Capital Outlays Street Improvements .......... C, ........................ .. . ..... .. .... . . . .......... . ... .. .... ............ .. .......... .......... .. . ... .. . ...... . .... . . .......... 4 ..9 . ............ 14-Jan-94 . .................. ................ 0 Brooklyn Boulevard At Lilac Drive 571,000 $0 MSA-Regular #1496 498,000 $0 MSA-Regular #1496 MSA-Local #2911/#2900 23,000 $0 MSA-Local #2911/#2900 Water Utility 17,000 $0 Water Utility Sanitary Sewer Utility 1,000 $0 Sanitary Sewer Utility Storm Drainage Utility 0 $0 Storm Drainage Utility Special Assessments 32,000 $0 Special Assessments 51st Avenue, Brooklyn Blvd to Xerxes 71,000 $0 MSA-Regular #1496 48,000 $0 MSA-Regular #1496 MSA-Local #2911/#2900 8,000 $0 MSA-Local #2911/#2900 Water Utility 5,000 $0 Water Utility Sanitary Sewer Utility 1,000 $0 Sanitary Sewer Utility Storm Drainage Utility 0 $0 Storm Drainage Utility Special Assessments 9,000 $0 Special Assessments 69th Avenue, Oliver to Dupont $867,000 MSA-Regular #1496 $608,000 MSA-Regular #1496 MSA-Local #2911/#2900 $63,000 MSA-Local #2911/ #2900 Water Utility $45,000 Water Utility Sanitary Sewer Utility $3,000 Sanitary Sewer Utility Storm Drainage Utility $0 Storm Drainage Utility Special Assessments $148,000 Special Assessments Shingle Creek Parkway, 1-94 to 69th Ave $700,000 $700,000 MSA-Regular #1496 540,000 $540,000 MSA-Regular #1496 MSA-Local #2911/#2900 (170,000) ($170,000) MSA-Local #2911/#2900 Water Utility 20,000 $20,000 Water Utility Sanitary Sewer Utility 10,000 $10,000 Sanitary Sewer Utility Storm Drainage Utility 0 $0 Storm Drainage Utility Special Assessments 300,000 1 $300,000 ISpecial Assessments TABLE G - Capital Improvement *gram - Detail of Capital Outlays Street Improvements ILL 14-jan-94 $00 63rd Avenue, Brooklyn Boulevard to Xerxes $270,000 MSA- Regular #1496 $172,000 MSA - Regular #1496 MSA -Local #2911/ #2900 ($37,000) MSA -Local #2911/ #2900 Water Utility $17,000 Water Utility Sanitary Sewer Utility $34,000 Sanitary Sewer Utility Storm Drainage Utility $0 Storm Drainage Utility Special Assessments $84,000 Special Assessments June Avenue, CSAH 10 to 63rd $378,000 MSA - Regular #1496 $269,000 MSA - Regular #1496 MSA -Local #2911/ #2900 ($29,000) MSA -Local #2911/ #2900 Water Utility $10,000 Water Utility Sanitary Sewer Utility $51,000 Sanitary Sewer Utility Storm Drainage Utility $0 Storm Drainage Utility Special Assessments $77,000 Special Assessments i OTHER STREET PROJECTS Neighborhood Street Improvement Program 1,125,000 1,800,000 1,800,000 1,800,000 1,800,000 $9,000,000 70% bonds;30% sp assess Assessment Stabilization Program 130,000 130,000 130,000 130,000 130,000 $650,000 CDBG LANDSCAPING Co Rd 10 Streetscape 100,000 $0 1/2 MSA -2900, 1/2 Sp Asse: Xerxes Avenue Streetscape 70,000 $0 MSA -Local #2900 TOTAL EXPENDITURES $3,066,000 1 $4,774,000 $4,969,000 1 $3,654,000 1 $2,712,000 $12,565,000 TABLE G Capital Improvement Program - Detail of Capital Outlays Street Improvements 14- Jan -94 �� .........:................ `t.��....::.:..:............. �: Jf. �C:::::::::::::::::::::" �. �, �.. ��..?:.:.........::..:: �: �39�............. �..... ..(l..�::.:::.::::.FU.�Id::..:. DOE..::.:: FUND SOURCES: MSA- Regular #1496 945,000 1,515,000 233,000 991,000 546,000 $1,589,000 MSA - Local #2911/ #2900 (47,500) 270,000 168,000 166,000 31,000 ($173,000) MSA - Local #2900 0 120,000 0 0 0 $0 MSA - Bonds #2912 Water Utility 66,500 95,000 31,000 145,000 22,000 $92,000 Sanitary Sewer Utility 13,000 7,000 2,000 14,000 2,000 $98,000 Storm Drainage Utility 0 326,000 0 0 0 $0 Special Assessments 820,000 721,000 1,421,000 808,000 581,000 $3,309,000 Bonds 787,500 1,260,000 1,260,000 1,260,000 1,260,000 $6,300,000 General Fund 140,000 140,000 140,000 140,000 140,000 $700,000 CDBG 130,000 130,000 130,000 130,000 130,000 $650,000 Other Governments 211,500 1 190,000 1 1,584,000 1 0 0 $0 TOTAL $3,066,000 1 $4,774,000 $4,969,000 1 $3,654,000 $2,712,000 $12,565,000 TABLE H - Capital Improvement Program - Detail of Capital Outlays Equipment ....:..:.... ;:::: > :.. ::.:.:.:...:....::.::.::::.>:.::.::.::.::.;::.:....:..:::.::.:::.::::.;:.::::......::.::.::.::....:.:...:........ .........:........ >:.::.::.:... 14-Jan-94 EXPENDITURES: DATA PROCESSING Network Upgrades 11,835 7,500 $0 General fund; EDA levy Optical Disk Management 0 100,000 30,000 20,000 $0 General fund Specialized applications 36,556 65,000 10,000 $0 General fund MDTs 24,000 $0 General fund Replace PCs 25,355 42,000 30,000 30,000 30,000 $150,000 General fund Pen based PCs 50,000 $0 General fund Mapping /imaging 40,000 50,000 $0 General fund Central Dictation 50,000 $0 General fund Replace cable 81,800 50,000 $0 General fund; EDA levy Radio networking 40,000 $0 1/2 GF; 25% each utility LOGIS Distributed site 130,000 $0 75% GF; 10% @ utility,5 %liquor OTHER EQUIPMENT Acquire ergonomic workstations 250,000 Replace phone system 200,000 $0 Capital Improvements Fund Replace pub safety /pub works radio system 500,000 $0 Capital Improvements Fund Replace chairs 10,000 $0 General fund $0 TOTAL EXPENDITURES $363,746 $430,300 $200,000 $840,000 $80,000 $150,000 FUND SOURCES: General Fund 113,746 345,800 174,000 70,000 80,000 $150,000 EDA levy 29,500 50,000 $0 Liquor Store Fund 55,000 $0 Capital Improvements Fund 250,000 700,000 $0 Water Utility 13,000 10,000 $0 Sanitary Sewer Utility 13,000 10,000 $0 TOTAL $363,746 $430,300 $200,000 $840,000 $80,000 $150,000 TABLE I - Capital Improvement Program - Detail of Capital Outlays Central Garage Vehicles & Equipment .... . . . ... 14-Jan-94 ....... 1. . ... .......... ... .... ................................ . ............................... EXPENDITURES: STREETS Ford 800 Dump (7) 59,000 120,000 61,000 $127,000 All Central Garage Fund Ford Tandem Dump (2) 66,560 76,800 $0 Ford 700 Dump $32,000 Ford 800 Flat Bed/Sander 53,250 $0 Water Truck 78,810 $0 Pickups: Light Duty (6) 12,800 15,000 $48,820 Pickups: Heavy Duty (2) 30,680 $0 Paint Striper $40,000 Vacuum Sweeper 85,200 $0 Storm Drainage Utility Truck Mounted Vacter (Shared w/sewer) 67,500 $0 Storm Drainage Utility Grader 112,000 $0 All Central Garage Fund Loader (2) 75,000 $112,000 Trackless Sidewalk Plow (3) 47,930 58,600 $63,000 Dozer $29,800 3/4 Ton Van 26,600 $0 Roller 15,000 $0 Air Compressor $0 Chipper 23,500 $0 Crack sealing kettle/router $0 Truck mounted pothole patcher 31,740 $0 Bobcat loader with planer $0 $0 PARKS $0 Pickups (2) 14,000 $22,000 Ford 350 Dump (2) 27,000 27,000 $0 Tractors (2) 18,000 1 1 1 $18,500 TABLE I - Capital Improvement4bgram - Detail of Capital Outlays Central Garage Vehicles & Equipment 14- Jan -94 Mowers (4) 77,000 79,000 $32,000 Miscellaneous 5,650 $20,800 16' rotary mower 63,900 $0 Van 13,850 $0 PUBLIC UTILITIES Emergency Utility Van 30,000 $0 Central Garage Fund Truck mounted vacter (shared w /streets) 67,500 $0 Sanitary Sewer Utility Emergency bypass pump 45,000 Sanitary Sewer Utility Sewer Rodder $21,000 Central Garage Fund Sewer Jet 85,000 $0 Central Garage Fund Pickups (5) 34,000 44,000 $18,000 Central Garage Fund Drill Rig 25,000 $0 Water Utility Ford 350 Dump /Utility Box 30,000 $0 Central Garage Fund i GOLF COURSE 314 Ton Pickup 15,500 $0 Golf Course Fund Gang mower 74,500 $0 Golf Course Fund FIRE DEPARTMENT Vans 21,000 145,000 $190,000 All Central Garage Fund Pumpers 140,000 $0 Autos 21,000 $0 Ladder $0 POLICE Autos 82,500 127,000 140,000 154,000 169,000 $845,000 Boat $0 TOTAL EXPENDITURES $655,940 $660,930 $494,500 $510,000 $571,0001 $1,619,920 TABLE I - Capital Improvement Program - Detail of Capital Outlays Central Garage Vehicles & Equipment ... ............. ........... 14 Jan FUND SOURCES: Central Garage Fund 445,940 620,430 420,000 424,800 571,000 1,619,920 Water Utility 30,000 25,000 0 0 0 0 Storm Drainage Utility 67,500 0 0 85,200 0 0 Sanitary Sewer Utility 112,500 0 0 0 0 0 Golf Course Fund 0 15,500 74,500 0 0 0 TOTAL F $655,940 $660,930 $494,500 $510,000 $571,000 $1,619,9�20 TABLE J - Capital Improvementlebgram - Detail of Capital Outlays Community Development .......... 14-Jan-94 EXPENDITURES: COMMUNITY DEVELOPMENT Brookdale Redevelopment ? ? ? ? ? ? ? ? Brooklyn Blvd Redevelopment ? ? ? ? ? ? ? ? Acquire single family houses 100,000 150,000 150,000 200,000 200,000 $1,200,000 112 CDBG, 1/2 EDA levy ?? Acquire apartments 300,000 500,000 750,000 750,000 900,000 $4,900,000 1/4 EDA levy, 3/4 other ?? HERITAGE CENTER Acquire land north of Heritage Center 500,000 $0 Other revenue Construct G barn $750,000 Other revenue ADA Compliance: Inn 22,750 $0 Heritage Center Revenue ADA Compliance: Commercial Space 11,700 $0 Heritage Center Revenue ADA Compliance: Convention Center 52,950 $0 Heritage Center Revenue Repair roof, Convention Center 27,000 $0 Heritage Center Revenue Replace carpet, dance floor, Conv Center 80,000 $0 Heritage Center Revenue HERITAGE CENTER EQUIPMENT Additional Conv Center equipment 74,000 38,000 $0 Heritage Center Revenue Repalce equipment 7,500 4,300 4,500 11,000 6,000 $0 Heritage Center Revenue Additional Catering equipment 69,500 $0 Heritage Center Revenue Replace equipment: Inn 13,600 $0 Heritage Center Revenue TOTAL EXPENDITURES $638,400 $812,900 1 $1,404,500 J $961,000 $1,106,000 $6,850,000 FUND SOURCES: TIF revenue CDBG 50,000 75,000 75,000 100,000 100,000 $600,000 EDA levy 125,000 200,000 262,500 287,500 325,000 $1,825,000 Heritage Center Revenue 238,400 162,900 4,500 11,000 6,000 $0 Other Funds 225,000 375,000 1,062,500 562,500 675,000 $4,425,000 TOTAL $638,402_L_$812,900 $1,404,500 $961,000 $1,106,000 $6,850,000 CITY OF BROOKLYN CENTER council Meeting Date 1/24194 Agenda Item Number �� E REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Council Direction to Staff Regarding the Proposed Ordinance Restricting Point -Of -Sale Advertising of Tobacco Related Products DEPT. APPR erald 9/nter, City Manager MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUN MARY EXPLANATION: (supplemental sheets attached ) • Staff is requesting direction from the City Council as to what research (legal and other), contacts, or such action the City Council would want the staff to do in preparation for the second reading of the proposed ordinance restricting point -of -sale advertising of tobacco related products. The Council has tentatively set the Council meeting of February 14, 1994, for the public hearing and second reading of this proposed ordinance. Because the City Council has currently scheduled February 14, 1994, as a meeting to consider action on Humboldt Avenue North options, you may not wish to schedule both items on February 14. RECOMMENDED CITY COUNCIL ACTION City staff requests Council direction regarding this matter, including the date for second reading and public hearing. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1994, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 23 of the City Ordinances regarding tobacco related products. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING TOBACCO RELATED PRODUCTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The City Council makes the following Findings: 1. Tobacco purchase and consumption by minors is illegal and point -of -sale advertising encourages both purchase and use by portraying smoking as glamorous, socially acceptable, adventurous, even i fun . L 2. Cartoon characters in advertising are uni el — � Y appealing to children and cartoons have been and are used to promote at least two brands of cigarettes. Research has found that more Preschool children recognize Joe Camel than recognize Mickey Mouse; 3. Children shop alone and with parents in stores which sell and promote tobacco; 4. Tobacco advertisements are not carried in children's publications, yet more children are exposed to tobacco advertisements at the point - of -sale than could ever be exposed through children's publications; 5. The purpose of advertising is to create positive feelings toward the product and increase loyalty to and purchases of that product; 6. The vast maiority of new smokers are teenagers or younger, and children are beginning to smoke today at a younger age than ever before; 7. Over 25 percent of all high school seniors who smoke began to smoke by the sixth grade and over 57 percent of high school seniors who smoke began to smoke by the eighth grade 8. Tobacco product advertising is regularly seen by persons under the age of 18, and persons under the age of ten are regularly exposed to tobacco Product promotional efforts; 9. Tobacco product advertisements with human figures or facsimiles thereof, with beautiful pictures and scenes and images have the greatest impact on persons under the age of 18; 10. Through advertisements during the sponsorship of sporting events, tobacco has become strongly associated with sports and has become deceptively Portrayed as an integral part of sports and the active lifestyle associated with rigorous sporting activity; 11. Tobacco is a profoundly addicting drug for minors with relapse rates which are identical to relapse rates for heroin and alcohol; 12. Most people, including minors, who use tobacco want to quit; at least two - thirds have tried at one time or another; at least one -third try in any one year; 60 percent cqo back to smoking before the first year is out; 13. Environmental cues associated with an addictive drug, whether tobacco, cocaine, alcohol, heroin, etc. stimulate the desire of minors to use that drug. Relapse prevention is aided by avoiding environments where those cues are most strong: alcoholics often try to avoid bars, cocaine addicts avoid places where the drug is used; 14. Attractive advertising and promotion of tobacco at the point -of -sale in convenience and grocery stores and other outlets can trigger impulse purchasing and undermine the resolve of minors to break the nicotine addiction; 15. Point -of -sale promotion and advertising has a unique impact on former minor smokers by encouraging impulse purchasing; 16. Enactment of sections two and three of this ordinance will serve to protect the public safety and welfare by limiting factors which encourage minors to smoke and which make it more difficult to quit smoking for minors who already smoke. Section 2. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding the following: Section 23 -102. DEFINITIONS. 4. "Tombstone sign" means a sign which indicates to customers that a tobacco related product is available for purchase. The sign may display a picture of a single package of the tobacco related Product provided the picture is no larger than the actual size of that package. Other than such picture only letters and numbers may be displayed on the sign; and no other picture, drawing, human or cartoon figure, logo, or design of any kind is Permitted. Signs shall have a white background. Only the following information may be included on the sign: product names and types, prices or other terms of sale tar and nicotine content whether the tobacco is U.S. or foreign grown, the union status of those producing the product, any warning labels that are required by federal law, and a description of any merchandise or other thing of value offered in connection with the sale. 5. "Point -of -sale advertising and promotion" means any advertising or promotion of any kind within or upon the establishment of the licensee where the product is offered for sale, including but not limited to, advertising or promotion indoors or outdoors, on clocks, grocery dividers, displays and display racks, shopping baskets, signs, Promotional items, vending machines, entrance and exit signs, counter racks, ashtrays, trash cans uniforms, and t- shirts or other clothing. Advertising and promotion includes display of any logo, brand name, character, graphics, colors, scenes, or designs that are either trademarks of a particular brand or images generally associated with a particular brand. Advertising and Promotion does not include display of packages or cartoons of the product. Section 23- 106.01. POINT -OF -SALE PROMOTION AND ADVERTISING LIMITED. Point -of -sale advertising and promotion of tobacco related products by any means other than tombstone signs is prohibited. Section 23- 106.02. POSTING OF SIGNS TO WARN PREGNANT WOMEN OF THE EFFECTS OF TOBACCO USE. 1. All licensees who sell tobacco related products shall post in a conspicuous place upon the premises and positioned so as to be seen by the highest number of patrons a sign warning of the dangers of tobacco use during pregnancy. This sign shall be a sign provided by the City of Brooklyn Center. 2. The City of Brooklyn Center will produce warning signs to meet the requirements of this ordinance. The signs shall read "Warning, tobacco use during Pregnancy may cause birth defects and premature birth" or a similar message and may contain a Picture symbol reasonably designed to communicate this message. Section 3. This ordinance shall be effective on July 1, 1994. Adopted this day of , 1993. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Council Meeting Date 1/24IS4 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION s ITEM DESCRIPTION: Rescheduling Canceled Work Session of January 18, 1994, and Possible Additional Council Meeting on February 7, 1994 DEPT. APPROVAL: D &' Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECONEWENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) I have enclosed for your information a copy of an initial listing of the proposed agenda items for 1994 Council work sessions. I would like to discuss with the Council the rescheduling of the canceled January 18, 1994, Council Work Session. I have also included for your information a copy of a memorandum I received this week from Sy Knapp requesting consideration of a need for a special City Council meeting to consider six public works action items ranging from local street and utility improvements, various agreements with the MTC regarding Park- and -Ride, maintenance of bus zones and stop signs, MTC stop sign replacement program, and a professional services agreement with Hennepin County on the Brooklyn Boulevard project. With Sy Knapp leaving Brooklyn Center, it would be important to get as many of these items finalized as quickly as possible so we can clear his agenda. I also want to discuss with the City Council the feasibility of a possible special meeting possibly on February 7, 1994, to take action on items involving Mr. Knapp. RECOMMENDED CITY COUNCIL ACTION City Council direction by motion. City Council Work Sessions Page 1 Proposed Agenda Items 1994 UJ 1994 Capital Improvements Program • Initial Approval of 1994 Engineering Department Work Program ❑ Standards of Conduct Resolution Q' Council Direction to Staff Regarding the Proposed Ordinance Restricting Point -Of -Sale Advertising of Tobacco Products ❑ Organizational Evaluation Process • Area 1, Administrative Structure Reorganization • Area 2, Supervisory/Management and Staffing Level Review • Area 3, Service Evaluation Process (TQM ?) ❑ Humboldt Avenue Project ❑ Space Needs (police, city hall, community center, fire stations) • Meeting with Bill Morris, Decision Resources, "Citizen Survey" and Bond Issue Program • Consideration of Interim City Hall /Police /Community Center ❑ City Manager Evaluation • Decide on Process • Implement Process ❑ City Attorney Selection Process ❑ 1994 Legislative Initiatives ❑ Crime and Drugs City Council Work Sessions Pa 2 Proposed Agenda Items 1994 ❑ Housing • Point -Of -Sale Code Compliance' • CASH Proposals • Single Family Acquisitions Program - Brooklyn Boulevard Emphasis? • Single Family Housing Redevelopment on EDA Owned Property ❑ Comprehensive Plan and Ordinances • Brooklyn Boulevard Study (BRW) • Brookdale Redevelopment ❑ ADA and Parks and Recreation ❑ Economic Development • 69th and Brooklyn Boulevard Redevelopment • Willow Lane Redevelopment • EBHC Progress ❑ Modification of Commercial Vehicle Storage Regulations ❑ Comprehensive Storm Water Plan • Brookdale Area Storm Water Plan Finalize 1993 Plannin g Session Work ❑ Analysis of Police Overtime ❑ Additional Items of Interest to the City Council CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 MEMORANDUM Date: January 18, 1994 To: G. G. Splinter, City Manager From: Sy Knapp �� Subject: Possible Need For A Special City Council Meeting The following Public Works - related items are not ready for City Council action at the 01/28/94 meeting, but should be ready for consideration in February: Item No. /Item Comments Estimated Date When This Item Will Be Ready For Consideration by City Council 1. Humboldt Avenue Improvements Comment: The schedule for consideration of this issue, as approved by the City Council, is: • "Step 5" meeting held .............. 1/19/94 • Discussion at Council Worksession on .... 1/31/94 • Select one concrete solution and adopt resolution setting a public hearing date 2/14/94 2. Northwest Area Improvements Comment The "Step 5" meeting for these improvements will be conducted on 1/25/94. Staff hopes to complete the feasibility report and present this 2/14/94 matter to the City Council at the.Council or on 2/28/94 meeting on ,sesauan Item No. /Item Comments Estimated Date When This Item Will Be Ready For Consideration by City Council 3. Park-and-Ride Agreement with MTC Comment Details for this agreement are being finalized with MTC. At this time, it appears the Commission will formally approve this agreement on January 25. If approval is received, at that time, staff recommends City Council approval ASAP after 1/25/94 4. An Agreement with MTC Regarding Maintenance of Bus Service, Bus Zones and Bus Stop Signs Comment: This agreement, which defines the City's responsibilities and limits the City's liabilities is the result of approximately two years of 0 negotiations. Staff intends to present it for discussion at the Council's 1/31/94 worksession. If the Council's consensus appears to support this agreement, we recommend formal Council approval ASAP after 1/31/94 5. An Agreement with MTC Regarding a Bus Stop Sign replacement program. Comment: MTC has received a federal grant to replace all existing bus stop signs with new signage, and to add signage at many bus stop locations which are currently unsigned. The proposed agreement would provide that the City will install those signs for MTC, with full reimbursement, under the above noted agreement. Staff intends to present this for discussion at the Council's 1/31/94 worksession. If the Council's consensus 2/14/94 appears to support this agreement, we or 2/28/94 recommend formal Council approval Item No. /Item Comments Estimated Date When This Item Will Be Ready For Consideration by City Council 6 Proposed Agreement With Hennepin County Re: Professional Services For Design of Brooklyn Boulevard. Comment: Staff has discussed this matter with HCDOT. We hope to present a status report to the City Council at 1/31/94 worksession. Upon receiving direction from the City Council, we would hope to finalize an agreement with 2/14/94 HCDOT, for formal consideration by the City or 2/28/94 Council on The primary purpose of this memo is to "warn" you that the agenda for the 2/14/94 meeting may be overwhelming —when considering other items which are scheduled for that date — including the public hearing regarding Point -of -Sale advertising for tobacco products. You may wish to recommend that the Council schedule a special meeting on February 7 —or P g az'Y some other date. cc: Mark Maloney Diane Spector file CITY OF BROOKLYN CENTER Council Meeting Date 1/24/94 Agenda Item Number /07 Q- REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF BERTIL JOHNSON FOR HIS DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOMAMNDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) ® On December 31, 1993, Bertil Johnson's term expired on the Brooklyn Center Planning Commission. RECOMMENDED CITY COUNCIL ACTION Pass a Resolution Expressing Recognition and Appreciation of Bertil Johnson for His Dedicated Public Service on the Planning Commission. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF BERTIL JOHNSON FOR HIS DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION WHEREAS, Bertil Johnson served on the Planning Commission from January 11, 1988, to December 31, 1993; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, his leadership and expertise have been greatly appreciated by the Brooklyn Center Planning Commission; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Bertil Johnson is hereby recognized and appreciated by the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Deputy 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 Council Meeting Date 1/24/94 Agenda Item Number �a b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JOHN RUSSELL FOR HIS DEDICATED PUBLIC SERVICE ON THE PARK AND RECREATION COMMISSION DEPT. APPROVAL: /YLta��yL_. Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOlVIlMENDATION: . No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached PP ) On December 31, 1993, John Russell's term expired on the Brooklyn Center Park and Recreation Commission. RECOMMENDED CITY COUNCIL ACTION Pass a Resolution Expressing Recognition and Appreciation of John Russell for His Dedicated Public Service on the Park and Recreation Commission. /b Member introduced the following is resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JOHN RUSSELL FOR HIS DEDICATED PUBLIC SERVICE ON THE PARK AND RECREATION COMMISSION WHEREAS, John Russell served on the Park and Recreation Commission from November 13, 1989, to December 31, 1993; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, his leadership and expertise have been greatly appreciated by the Brooklyn Center Park and Recreation Commission; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of John Russell is hereby recognized and appreciated by the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Deputy 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 council Mewing Dace V 24 / 94 Agenda Item Number C REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION EXPRESSING RECOGNITION OF STEVE ZACHARIAS FOR HIS ACHIEVEMENT IN SWIMMING 500 MILES IN THE BROOKLYN CENTER POOL DEPT. APP VAL: qoAnt q��4x&v Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW /RECONaIENDATION: No comments to supplement this report Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUNMARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION Pass a Resolution Expressing Recognition of Steve Zacharias for His Achievement in Swimming 500 Miles in the Brooklyn Center Pool. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF STEVE ZACHARIAS FOR HIS ACHIEVEMENT IN SWIMMING 500 MILES IN THE BROOKLYN CENTER POOL WHEREAS, over a five -year period, Steve Zacharias swam 500 miles in the Brooklyn Center pool; and WHEREAS, this achievement reflects the dedication, skill, and perseverance of Mr. Zacharias; and WHEREAS, it is highly appropriate that the City Council recognizes his accomplishment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the achievement of Steve Zacharias is recognized and he is hereby congratulated by the Brooklyn Center City Council. Date Todd Paulson, Mayor ATTEST: Deputy 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 Council Meeting Date 01/24/94 Agenda Item Number A� a • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1993 -21, PEDESTRIAN BRIDGE REPAIRS AT CENTERBROOK GOLF COURSE, APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR CONTRACT 1994 -B DEPT. APPROVAL: Sy Knapp, 6jjVctor of blic Works MANAGER'S REVIEW/RECOMIVIENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached YES Ongoing trail settlement and stream bed erosion over the past 10 ears requires y q extraordinary maintenance efforts at the connection point of the trail and bridge deck at several of the pedestrian bridges that cross Shingle Creek. The riprap (large cemented stone) which was originally placed to protect the bridge abutments has washed away or settled into the muck, and the fill material which had supported the trail approaches has similarly disappeared. In some cases, the Street Department is required to patch and overlay the trail sections at the bridges twice a year; the added weight of the pavement necessary to maintain pedestrian safety is accelerating the settlement, similar to the "sinking trail" which as reconstructed a few years ago behind City Hall. A complete survey and inspection of all of the pedestrian bridges was conducted in the fall of 1993, and the bridges have been categorized as follows: Priority One (recommended for repair this year); Priority Two (recommended for normal maintenance for another year then, reevaluated); and Priority Three (no immediate action necessary). Please refer to Figure 1 for the locations of these pedestrian bridges in the City. It is recommended that the Priority One repairs which involve the bridges at the golf course be performed yet this winter, to minimize the chances of impacting the warm weather operation of the golf course. For Bridge "F ", it is recommended that the trail approaches be reconstructed with concrete to eliminate the need for annual bituminous paving. For Bridge "G ", a more extensive program, involving the installation of sheet pile for stabilization, the placement of a • man -made erosion control product called "cable - concrete and the reconstruction of the trail approaches is required. Please refer to Figure 2 for the location of these golf course pedestrian bridges. Accordingly, the City Engineer has developed plans and specifications for Improvement Project No. 1993 -21, Pedestrian Bridge Repair at Centerbrook Golf Course. The Engineer's Estimate for the total costs of these improvements, including contingencies, engineering, legal and administrative is $38,225.00. 0 RECOMMENDED CITY COUNCIL ACTION A resolution which establishes the project, approves plans and specifications and directs advertisement for bids for Improvement Project No. 1993 -21, Contract 1994 -B, is provided for consideration. • • LJ- LL.J LL- ' i If 6 Q \� "'' -��''u r �J� � r � . }'JrJ�,. ;'�!! � r�� I .- q � I 'S�l � � ��\ , .F. � I I �� 4 f PAL iJ LAKE • N PRIORITY 3 �Q �� Q � �� QQ -��- Q �� y��Q� C .. . �I I ' ��s ��_ 1, � ��1 � � n� \, 69Q� QI j! � "f N /1�Q 1' .f \ %i" QI '� i�QQ -� �e,. �!�� _T I!�I si� ��1�� 41 I� ��I'— \.`` . 10 -jL LJ PRIORITY 2 ,� ''� III: 31 ��I �� !�nQ QQ� L Z I Alai PRIORITY 2, 2 O \ �Q� _Q�QQQ i� Q, PRIORITY X . X . ; LA LOCAL STREET Qv J ��Q ' { !' a� � �'_ ! : � - iQ F I N D EX ND A A -jam PRIORITY 1 Liu' I IL L JALk I PRIORITY ! 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' '?�x � i . .� s r a °,.. +A� ., � �'+N v� r� � w*Sit iF ��K � r 4y�` r �, � , �a.•wss�x :.r. :�tw'sp[.f�s:v < ' �" .: �� Y�r ." - .., t 'z. '�?, � ,, ,. � t, r „�� + �w !rin ,irv. 1v. '� �� .:.. y�F � .L.: ''2 ! 1 r x„y,,� Ir�� ✓'. +�✓t J, ,,�, k�s,. &gym . * i�.•� m:._.• ;a +�sa '"r]i�u.�. .�;s� -�ist .'', #,s:��; +'r: .a. �,'�'i.�:k' :S. "e 1''$f`,. ..<+ .1 "rY;l�.`� t' ��.��., �pw'`�'riS+� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1993 -21, PEDESTRIAN BRIDGE REPAIRS AT CENTERBROOK GOLF COURSE, APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR CONTRACT 1994 -B WHEREAS, the settlement of the trail approaches at various pedestrian bridges creates a non - compliant condition with respect to the Americans With Disabilities Act, and is generally hazardous to pedestrians; and, WHEREAS, the City Engineer has determined that repairs are required at the approaches of certain pedestrian bridges that cross Shingle Creek; and WHEREAS, the required repairs are beyond the scope of usual maintenance performed by City forces; and WHEREAS, the City Engineer has prepared plans and specifications for the proposed work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project No. 1993 -21, Pedestrian Bridge Repairs at Centerbrook Golf Course, is hereby established. 2. Said plans and specifications for Improvement Project No. 1993 -21, as prepared by the City Engineer, are hereby approved. 3. The Deputy City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of such improvement in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the Deputy City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Deputy City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City Clerk for 5 percent of the amount of the bid. RESOLUTION NO. 4. The estimated project costs for Improvement Project No. 1993- 21, Pedestrian Bridge Repairs at Centerbrook Golf Course, are established as follows: Contract $29,415.00 Contingency (15 %) 4.412.00 Subtotal Construction $33,827.00 Staff Engineering(10 %) 3,383.00 Admin. & Legal (3%) 1.015.00 Total Est. Project Cost $38,225.00 5. All costs related to Improvement Project No. 1993 -21, Pedestrian Bridge Repairs at Centerbrook Golf Course, shall be charged to the Golf Course Fund. Date Todd Paulson, Mayor ATTEST: Deputy 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 Council Mecting Date t 9 1 Agenda Item Number �a REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING AMENDMENTS TO THE FIRE DEPARTMENT RELIEF ASSOCIATION BYLAWS DEPT. APPROVAL: Charles Hansen, Finance Di or MANAGER'S REVIEW/RECOMAIENDATION: No comments to supplement this report Comment low /attached SUMMARY EXPLANATION: (supplemental sheets attached ) The bylaws of the Fire Department Relief Association have two major purposes. First they define the officers and activities of the Relief Association in a fashion similar to that of the City Charter. Second they set the allowable benefits to be paid to retired members. The last time the bylaws • were rewritten was in 1988. They are being rewritten again to incorporate an increase in the State of Minnesota imposed caps on benefits. Major changes in the bylaws are as follows: 1. An investment policy is included in the bylaws for the first time. 2. Provision is made for any member who becomes a full -time employee of the Fire Department and a member of PERA, so as to minimize the chance of them either receiving double benefits or being penalized for withdrawing from the Fire Relief Association. The only situation in which there would be double benefits would be the following. Any member who accepts a full -time position with the Brooklyn Center Fire Department and joins PERA, but has less than 10 years of service, would continue to accrue benefits until the member achieves 10 years. The member would then be place in a deferred pensioner status and the lump sum benefits determined as described in paragraph 5 below. 3. The basic service pension is increased to the new state limits according to the following table: For Each Year of Service up to 30 Effective Date Monthly Lump Sum of Retirement Benefit Benefit 1/1/94 thru 12/31/94 $24.50 $3,500 1/1/95 thru 12/31/95 $25.50 $3,750 1/1/96 onward $26.50 $4,000 4. The benefit for previously retired members is increased by 10 %. 5. Deferred Pensioners, who have retired from the Fire Department, but not yet reached age 50 so they can draw benefits, would have their lump -sum benefit initially set as of their retirement date, but then be granted an increase equal to the lessor of the Association's rate • of return on investments or 5% An actuarial study of the retirement fund and the costs of the proposed benefits was conducted by the Wyatt Company. Because the retirement fund had reached the point of being 100% funded as of December 31, 1992, the new benefit level will only require the City's contribution to increase from $97,790 in 1993 to $106,092 in 1994. This increase was incorporated in the 1994 Annual Budget. The bylaws changes were first submitted to the City Council on January 10, 1994. They were held over to this meeting because the City Attorney hadn't seen them ahead of time and wanted some changes in the language. These changes have been incorporated into the bylaws version before you now. The Relief Association membership must also approve the language changes and that will be put to them at their meeting on January 24, 1994. We should receive word of their approval by the time this item comes up on the City Council Agenda. RECOMMENDED CITY COUNCIL ACTION Passage of the attached resolution. /C� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AMENDMENTS TO THE FIRE DEPARTMENT RELIEF ASSOCIATION BYLAWS ----------------------------------------------------- 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 1988; and WHEREAS, The Wyatt Company has conducted an actuarial valuation and benefit study and determined the contribution required from the City to be $106,092 per year; and WHEREAS, This new contribution level represents an increase of $8,302 from the previous level and the increased level is provided for in the 1994 Annual Budget; and WHEREAS, State Law requires that the City Council approve benefit increases when they result in an increase in the level of property taxes needed to support the plan. 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 12, 1994, are approved. 2. that the increased benefit levels defined in the bylaws be put into effect as of January 1, 1994. 3. that payment of the increased City contribution is authorized. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: "�` whereupon said resolution was declared duly passed and adopted. i I j j I I I I BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION Actuarial Valuation and Benefit Study as of January 1, 1993 July 15, 1993 I i I ' I I I i I i � I I I I j I I I I i uaff I I I 1 TABLE OF CONTENTS PAGE PURPOSE AND SUMMARY 1 EMPLOYEE DATA 1 ASSETS 1 ACTUARIAL ASSUMPTIONS AND METHOD 2 SUMMARY OF VALUATION RESULTS 2 CHANGE IN THE UNFUNDED ACCRUED LIABILITY 3 , RESULTS OF BENEFIT STUDY 4 , FINANCIAL DISCLOSURE INFORMATION 4 TABLES Table 1(a) Results of Actuarial Valuation as of January 1, 1993 - Current Plan 5 Table 1(b) Results of Benefit Study as of January 1, 1993 g I Table 1(c) Financial Disclosure Information as of January 1, 1993 7 1 j Table 2(a) Projected Benefits for Active Members as of January 1, 1993 g Table 2(b) Monthly Benefits for Inactive Members as of i January 1, 1993 10 4 i Table 3 Summary of Current Plan Provisions 12 I i Table 4 Actuarial Assumptions and Method 13 I, i Wyaff I BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION ACTUARIAL VALUATION AND BENEFIT STUDY AS OF JANUARY 1, 1993 PURPOSE AND SUMMARY The following report sets forth the results of our study for the Brooklyn Center Fire Department Relief Association. The study included the following: • Determination of annual contribution for the current plan - $68,619. • Determination of annual contribution to fund a $1 benefit increase for active members and a 10% benefit increase for inactive members. The results of our study are summarized in the tables of the report and discussed further i herein. EMPLOYEE DATA Based on data provided by the Association, there are 37 active members included in the valuation. The members have an average attained age of 40 and an average entry age of 28. Table 2(a) sets forth the prospective benefit each member may expect to receive if he remains j in the Association until the normal retirement date assumed in the valuation, age 52 and j completion of 20 years of service. There are 25 inactive members and 10 surviving spouses currently receiving benefits from the plan. Six other inactive members are entitled to future benefits upon attainment of age 50. I Table 2(b) is a summary of the benefits for these members. ASSETS ' I The Association provided us with a copy of the financial statement of the Special Fund jas of January 1, 1993. Assets are valued at $2,729,341 on such date. We have used this value for valuation purposes. i qCyaff i ACTUARIAL ASSUMPTIONS AND METHOD j Table 3 is a summary of the principal plan provisions of the current plan. Table 4 sets forth a summary of the actuarial assumptions used in valuing these plan provisions. We have used the same assumptions as used for the January 1, 1991 valuation. We i certify that this Actuarial Valuation and Benefit Study has been prepared in accordance with I Chapters 356.20 to 356.23 of the Minnesota State Statutes as they apply to volunteer relief I associations defined in Chapter 69.771. As required by law, the funding method used for the valuation is the entry age normal cost method. Under this method, the normal cost is computed as that level amount which would fund all benefits if it was contributed every year from each fireman's entry into the plan until his retirement. The total normal cost for the plan is the sum of the normal costs for all active I members. The present value of all future benefits payable from the plan for all active and inactive members less the present value of all future normal costs is defined as the accrued liability. The accrued liability is the amount that would have accumulated in the Special Fund if all the actuarial assumptions had been exactly realized in all prior years and if funding for all members, based on current plan benefits, had commenced immediate) u pon their date of joini y p � ng the Association. i The accrued liability then is compared to the market value of the Special Fund. Any excess of accrued liability over market value, known as the unfunded accrued liability, is to be funded with a payment to be made annually for a number of years specified by law, known as the amortization payment. Any amortization payment is added to the normal cost and the estimated administrative i expense amount for the total annual contribution due as of the valuation date. The estimated I administrative expense amount is the prior year's administrative expense item reported on the State reporting form increased by 3.5 %. Interest must be added to the contribution at the rate of 5% from the valuation date to the date of payment. Thus, if payment were made as of December 31, 1993, the January 1 contribution amount would be multiplied by 1.05. i' i 2 i 4Cya f SUMMARY OF VALUATION RESULTS Table 1(a) sets forth a summary of the results of the valuation of the current plan. The plan provides a monthly benefit of $22.50 per year of service (maximum 30 years) payable on retirement after attainment of age 50 and 20 years of service. Death benefits and deferred vested benefits are also provided. The annual contribution required to fund the plan is $68,619. This is the amount of new money which must be contributed to the Special Fund each year to keep the plan funded in accordance with state law. The sources of new money are State Aid and the city tax levy. Interest earnings on the Special Fund cannot be used to meet the contribution requirements. CHANGE IN THE UNFUNDED ACCRUED LIABILITY Chapter 356 requires a reconciliation of the unfunded accrued liability from one valuation to the next valuation. As of January 1, 1991, there was an unfunded accrued liability of $215,069. As of i January 1, 1993, the unfunded accrued liability has decreased to ($27,279). The decrease of I $242,348 is a result of the following: 1. January 1, 1991 Unfunded Accrued Liability $215,069 I 2. a. Decrease due to contributions 1991 -1992 47,205 j b. Experience gains 1991 -1992 195,143 C. Total decrease 242,348 i 3. January 1, 1993 Unfunded Accrued Liability (1.-2.c.) ($27,279) The actuarial gain is the combination of two sources -- favorable investment return and I experience. Investment return in excess of the 5% state required assumption resulted in a gain of $153,253 to the plan. Mortality, turnover and retirement more favorable than that assumed by the actuarial assumptions resulted in a $41,890 gain to the plan. li n. � I i i I 3 i I ,ya I i RESULTS OF BENEFIT STUDY Table 1(b) sets forth the results of our benefit study for the Association. In column 1, we have set forth the cost of the current benefit level of $22.50. Column 2 sets forth the cost of a $1 increase to the active members. Column 3 presents the cost of a 10% increase in the monthly benefit for inactives. Thus, by using columns 2 and 3 and adding them to the column 1 results you can determine the cost of any plan. Two examples are shown in Table 1(b). Each $1 increase in the monthly benefit level is equivalent to a $150 increase in the lump sum benefit. If the plan raises the lump sum, the plan must remain in compliance with Section 424A.02 of Minnesota state law regarding maximum lump sum levels. In the final determination of what benefits are to be provided by the plan, the Association must be sure that the projected income from the State Aid and the city contributions equals or exceeds the contribution requirements set forth in this report. 1 1 FINANCIAL DISCLOSURE INFORMATION Government Accounting Standards Board Statement No. 5 now requires governmental plans to disclose certain information in their financial statement. Table 1(c) presents this j information. The pension benefit obligation represents the value of benefits earned to date. No future benefit increases are assumed. The vested obligation includes a liability only for members with 10 or more years of service. The total obligation includes a liability for all members. I If in connection with this study any additional work is required, we will be happy to proceed as directed. Respectfully submitted, I THE WYATT COMPANY Richard M. Holtz Philip L. K ' ers Associate, Society of Actua ' Fellow, Society of Actuaries ` July 15, 1993 i 4 Wya I I Table 1(a) BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION I Results of Actuarial Valuation as of january 1 1993 Current Plan 1. Accrued Liability a. Active Members 1,397,038 b. Retired Members 876,276 C. Surviving Spouses 254,959 d. Deferred Vesteds 171,789 e. Total 2,700,062 2. Valuation Assets 2,729,341 I 3. Unfunded Accrued Liability (1 - 2) (29,279) 4. Amortization Payment for Unfunded j Accrued Liability 0 5. Annual Normal Cost 54,198 , 6. Estimated Administrative Expense (1992 level *1.035) 11,153 7. Annual Contribution Payable as of January 1, 1993 (4 + 5 + 6) 65,351 � I 8. Annual Contribution Payable as of December 31, 1993 (7 *1.05) 68,619 I I � i I 5 I I i Table 1(b) BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION Results of Benefit Study as of January 1, 1993 Current $1 Increase 10% Increase Examples Plan for Actives for Inactives I 1. Accrued Liability a. Active Members 1,397,038 61,526 1,458,564 1,520,090 b. Retired Members 876,276 84,257 960,533 960,533 C. Surviving Spouses 254,959 25,496 280,455 280,455 d. Deferred Vesteds 171,789 16,798 188,587 188,587 e. Total 2,700,062 61,526 126,551 2,888,139 2,949,665 2. Valuation Assets 2,729,341 0 0 2,729,341 2,729,341 I 3. Unfunded Accrued Liability (1 - 2) (29,279) 61,526 126,551 158,798 220,324 4. Amortization Payment for Unfunded Accrued Liability 0 4,702 3 9,671 3 12,136 16,837 5. Annual Normal Cost 54,198 2,362 0 56,560 58,922 6. Estimated Administrative Expense 11,153 0 0 11,153 11,153 7. Annual Contribution Payable as of January 1, 1993 (4 + 5 + 6) 65,351 7,064 9,671 79,849 86,912 8. Annual Contribution Payable as of December 31, 1993 (7 *1.05) 68,619 7,417 10,155 83,841 91,258 ' Increase of $1.00 in monthly benefit with 10% increase for inactives. This is Column 1 plus Column 2 plus Column 3. 2 Increase of $2.00 in monthly benefit with 10% increase for inactives. This is Column 1 plus 2.00 times Column 2 plus Column 3. 3 This is the payment assuming the entire increase in accrued liability would be amortized. Since the January 1, 1993, unfunded accrued liability is less than zero; only the net amount of additional unfunded accrued liability is amortized. 6 �; Table 1(c) BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION Financial Disclosure Information as of January 1. 1993 ' Pension Benefit Obligation Retirees and beneficiaries currently receiving benefits and terminated members not yet receiving benefits 1,303,024 Current Members - Accumulated member contributions including allocated investment earnings 0 ; Vested benefits 1,108,316 i Nonvested benefits 140,482 i Pension Benefit Obligation 2,551,822 i ' Assumes future rate of return on plan assets of 5 %. I I I � I i 1 i I ; i ` 7 i i II I Wyaff i ' I i Table 2(a) i BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION Proiected Benefits for Active Members as of January 1 1993 Annual Birth Entry Projected Name Date Date Benefit J BENTZEN 09/46 10/68 8,078 T BERG 07/70 11/89 8,100 B BLOOMQUIST 12/63 07/86 7,943 R BOMAN 01/38 03/68 6,683 R BOMBECK 08/55 01/82 6,908 S BOONE 07/43 11/70 6,660 J BYSTROM 11/67 09/87 8,100 T COLLINS 05/61 12/90 6,052 L EGGERT 01/43 09/74 5,490 J FRYBARGER 06/58 08/85 6,705 G GIVING 10/42 03/68 7,178 C HALLERMAN 07/68 09/87 8,100 A HARTMANN 09/48 01171 8,010 M HOUGHTEW 05/57 04/87 5,963 G JONES 05/54 07/86 5,400 K KORMAN 03/58 12/77 8,100 C KUMMER 01/66 07/87 8,100 M LENHART 04/54 02/80 7,065 T MARTENSON 09/48 02/80 5,557 J MCCLURE 09/37 03/68 6,683 W MILLER 07/49 12/77 6,368 j O NELSON 02/44 08/74 5,805 G PEDLAR 03/46 09/74 5,535 D PETER 01/46 12172 6,773 R PETER 06/44 12/70 6,885 R REIFFENBER 08/49 04/87 5,400 j M ROEHRL 06/41 11173 5,400 D SCHULTZR 11/67 02/89 8,100 M SELANDER 08/43 03/76 5,400 C SIGURDSON 06/60 12/90 5,805 J SIGURDSON 10/61 08/91 5,985 M SKJOLSVIK 04/52 02/82 5,985 j i G SORBY 01/55 12/90 5,400 8 I ,ya i I Table 2(a) j BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION Proiected Benefits for Active Members as of January 1 1993 Annual Birth Entry Projected Name Date Date Benefit F STEERE 12/38 07172 5,513 S WACHA 04/54 11/85 5,512 F WHITMAN 08/51 12/77 6,930 J WOOD 04/61 06/82 8,100 I i j I I I i i I � I I I i I is 9 I 4Cya Table 2(b) BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION Monthly Benefits for Inactive Members as of January 1 1993 i i : Monthly i Name Type Benefit R.L. CAHLANDER RETIRED 412 C.W. CANFIELD RETIRED 211 R.H. CASHMAN RETIRED 209 J. CICHOSKI RETIRED 124 J.W. CLAYPATCH RETIRED 137 C.C. CONSIDINE RETIRED 194 R. CORNWELL RETIRED 157 1 H.E. DAVIS RETIRED 222 D. DRAISEY RETIRED 124 C. EDLING RETIRED 148 R.E. FOX RETIRED 175 W.D. HANNAY RETIRED 266 R.J. JENNRICH RETIRED 252 R.T. KOLSTAD RETIRED 183 L LARSON RETIRED 183 A.S. LINDMAN RETIRED 255 J. LINNEA RETIRED 246 I. MILLER RETIRED 232 T. NELSON RETIRED 247 G. NERBURN RETIRED 247 S. OWENS RETIRED 282 L SANDGREN RETIRED 207 C. SWING RETIRED 233 i J.R. VAUGHN RETIRED 243 W. VAUGHN RETIRED 257 F.D. BRUNSELL WIDOW 222 4 E.M. DURLAND WIDOW 231 HAASE WIDOW 242 H. JACOBSEN WIDOW 126 M.P. JOHNSON WIDOW 211 J.M. MANDERFELD WIDOW 242 I R. MASON WIDOW 296 j M.E. MCKINLEY WIDOW 239 10 I i q Cya ff i Table 2(b) I BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION I Monthly Benefits for Inactive Members as of January 1 1993 Monthly Name Type Benefit D. PAULSON WIDOW 242 W.H. SIENKO WIDOW 222 W. ADAMS DEFERRED 152 J. FAUST DEFERRED 239 C. KARNITZ DEFERRED 121 R. KNIGHT DEFERRED 138 y T. NELSON DEFERRED 370 D. THOMPSON DEFERRED 142 I I I i I I I I I � I i 1 I j I 11 %I Table 3 ! BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION ' Summary of Current Plan Provisions I I I I 1. Normal Retirement Benefit: Monthly benefit of $22.50 per year of service 4 payable on retirement after attainment of age 50 and completion of 20 years of service. Maximum benefit of $675. 2. Deferred Vested Benefit: On termination after completion of 10 years of service, a deferred benefit is payable at age 50. The benefit is equal to the accrued normal retirement benefit multiplied by the vesting percentage. The vesting percentage is 60% after 10 years, plus 4% per year in excess of 10 to a maximum of 100% after 20 years. 3. Lump Sum Alternative: In lieu of the benefit of 1 or 2, a member may elect a lump sum of $3,000 per year of service (maximum 30 years) times the vesting percentage. 4. Lump Sum Death Benefit: $2,500 payable on the death of any active or j inactive member unless a lump sum distribution of the retirement benefit was previously made. I , 5. Pre - Retirement Death: On death of any married active or deferred member, 100% of the member's accrued j benefit is payable immediately to the j surviving spouse. Minimum benefit of $450 ! per month. On the death of any unmarried active or deferred member, the accrued lump sum benefit is payable to the designated I beneficiary. ! i I i 12 I 4 Chfa Table 4 BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION Actuarial Assumptions and Method I 1. Mortality: 1971 Group Annuity Mortality Table. This table used for all rates of mortality. 2. Withdrawal: The rate of withdrawal is .070 from ages 20 to 30 decreasing uniformly to zero at age 45 with no withdrawal after that age. 3. Retirement Age: Members are assumed to retire at the earlier of attainment of age 52 and completion of 20 years of service or attainment of age 65 and completion of 10 years of service. 4. Interest Rate: Five percent compounded annually. 5. Actuarial Cost Method: The entry age normal cost method has been used with the normal cost determined as a level amount each year from the date of joining the Association to the assumed retirement age. I I I I I i I I J:\ 12590 \wp \va1\93vaJ. pJk i I � 13 i i i I Revision 3 - January 12, 1994 BYLAWS THE CITY OF 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 11. POWERS AND DUTIES OF OFFICERS AND BOARD OF TRUSTEES Section 1. President's Dutv 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 properly voted 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 all 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 [Treasurer] 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 [paid] initiated or terminated and the amount [paid to] 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 overnin body of the 9 9 Y 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 111. 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 the gross premiums tax levied by the State on fire insurance and related insurance 3 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, prior to the first day of February in each year, shall jointly prepare and sign, with the approval of the Association's Board of Trustees, a detailed and itemized report of all receipts and expenditures for the preceding calendar year, showing the source of such receipts, and to whom and for what purpose the money has been paid and expended, and the balance of the fund. They shall file duplicate original copies thereof with the City Finance Director and with the State Auditor.] 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 rq ade quality (BBB) or better and no funds shall be invested in common stock without specific approval of the Board Funds may be invested 4 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. 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 i 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 companies or other P , trust com P 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. No disbursement of the General Fund shall be made except by check signed by an authorized signer. Section 3. Funds. The General Fund shall be credited all monies received from dues, fines, initiation fees, entertainment revenue and any monies of properly 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. 5 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. 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. Aqe 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. Section 4. Termination Due to Full -Time Position. Any member who accepts a full -time position with the Brooklyn Center Fire Department and l oins Fire /Police PERA and has at least 10 years of service shall continue to accrue benefits with the BCFD Relief Association until the member's next anniversary date If the _member has less than 10 years of service the member shall continue to accrue benefits until the member achieves 10 years The member will then be placed in a- deferred pensioner status and the member's lump sum benefits 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 6 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 hall not required. tin f t g o be equ ed. Special meetings o he Board of Trustees may be called b the President r members of the Board b e es dent o an two me e Y Y Y Y making request therefor t h Secretary, ti g q o o the Sec a ary, who shall notify all members of the Board of the time, place and purpose of the meeting at [lease] least 24 hours in advance. Section 2. Annual Meeting. The annual meeting of this Association shall be held on the second Monday of [December] 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. Special 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 f the members of the Board of Trustees shall tY 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) Roll call] (c) Reading of minutes of previous meetings [(d) Secretary's report] (e) Treasurer's report [(f) Committee reports] (g) Unfinished business (h) New business (i) Adjournment 7 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 VII. 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 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 continuous; and (e) who has reached the age of 50 years or more; and (d) who has retired after [June 30th, 1988] December 31. 1993 [(3) " Early retired member means a former member, (a) who has retired from the Fire Department; and (b) who had an active period or periods of service in the Fire Department of more than 10 years, but less than 20 years, although such service need not be continuous; and (c) who has retired after [June 30, 1988] 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 [20] 10 years or more, although such service need not be continuous; and 8 (c) who has not reached the age of 50 years or more; and (d) who has separated after [June 30, 1988] December 31. 1993 (4) Previously retired member means any retired member, [early retired member] or deferred pensioner but who separated from the Fire Department prior to [July 1, 1988] January/ 1. 1994 (5) " Surviving Spouse means any person who was the dependent spouse of a deceased member, retired member, deferred pensioner or early retired 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 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 with 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 [of $22.50 per month] 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. 9 Table 1 is Effective Monthly Benefit Lump Sum Date of Retirement Level Level 1 j1 194 -12131 f94 $24.50 $3,500 11 /95-12 Z31 /95 $25.50 $3,750 1 Z1 j96 - $ 26.50 $4,000 (2) Basic Service Pension for Previously Retired Member. Effective [July 1, 1988] 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 [July 1, 1988] January 1. 1994 shall be increased by ten percent (10 %). [(3) Basic Service Pension for Deferred Pensioner. Upon the application of such member, the member shall be placed on a deferred pension roll as a deferred pensioner and shall be entitled to receive the basic service pension described in Section 2(1) above upon reaching the age of 50 years and making application therefor.] (3) Service Pensions for Deferred Pensioner. A member who is otherwise qualified for a service pension but who has not reached the ache of 50 years may retire from the Fire Department without forfeiting the member's right to such pension. Upon approval of an application therefor, [an early retired member shall be paid a monthly service] the deferred pensioner shall receive a pension [for his or her natural life] [equal to the product of $22.50] 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 Percentaae 10 60 11 64 12 68 13 72 14 76 10 15 80 16 84 10 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 [or early retired member] 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) [and (4)] 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 [or early retired member] 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 (1) [$3,000] see Table 1 above multiplied by (ii) the number of completed years and months of active service with the Fire 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 11 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 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 [June 30, 1988] December 31. 1993 or upon the death of a deferred pensioner or early retired member who withdrew from active service after [June 30, 1988] December 31. 12 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) [$450.00, per month] 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 payable under these Bylaws, such surviving spouse 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 1/1/95 - 12/31/95 510 111/96 ----- - - - - -- 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. O O 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 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. [(2) Upon the death of a retired member who separated form active service with the Fire Department after [June 30, 1988] December 31. 1993 no benefits shall be payable to or on behalf of any surviving children following the member's death.] 13 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 Vill. 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. 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, [early retired member,] previously retired member or the surviving spouse, or the surviving children of a member, retired member, [early 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 14 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. 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 [equal to the product of (i) $3,000] multiplied by [(ii)] the a 15 number of completed years and months of active service rendered in the Fire Department by such member prior to such discontinuance and abolition; provided, i 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. [Section 2. Credit for Time with Volunteer Fire Department In the event that the City of Brooklyn Center shall convert to a full -time paid Fire Department, and any volunteer firefighter should become a full -time firefighter, the firefighter's volunteer time shall apply towards the firefighter's retirement under the terms of the full -time retirement program of the City; provided, however, that benefits shall be determined on a pro rata basis so that volunteer benefits are paid for the time worked as a volunteer, and benefits under the full -time retirement program of the City shall be paid for the time spent as a paid firefighter.] 16 CITY OF BROOKLYN CENTER council Meeting D -teA Agenda Item Number F g _ �a REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING RENEWAL OF THE LEASE FOR LIQUOR STORE #3 DEPT. APPROVAL: Charles Hansen, Finance Director MANAGER'S REVIEW/RECOMMENDATION: - i: No comments to supplement this report Comments below /attached SUN MARY EXPLANATION: (supplemental sheets attached ) The City of Brooklyn Center has had its Liquor Store #3 located in the Northbrook Shopping Center since the early 1980s. In 1989, the lease was renewed and provision made to relocated the store to its current space facing 57th Avenue. That lease commenced upon completion of construction and ran for five years. This has created some confusion over the ending date of the lease, because the store opened in August 1989, but all construction items were not completed until October. Moving and remodeling the store to this location has been very successful, with the store becoming our sales leader. Although t ough liquor sales have been down across the entire industry in 1993, we feel that renewing the lease for the Northbrook location is the best possible option for us. The store is still profitable and no other location in the southeast quarter of town offers as good visibility and low cost as Northbrook. We have negotiated a new lease with the Landlord which will commence on February 1, 1994 and end on March 31, 1999. Rent would begin at $7.00 per square foot and raise $.25 each year until reaching $8.00 per square foot for the last 14 months of the lease. The store would also pay a pro - rata share of common area expenses such as maintenance, insurance utilities, and taxes. This is a reduction from the current lease in which we are now paying $8.00 per square foot, plus common area expenses. The current lease will be terminated as of January 31, 1994. Net effect of the renewed lease will be to reduce the store's operating expense b $3 520.00 per P g xP Y ear. P Y RECOMMENDED CITY COUNCIL ACTION Passage of the attached resolution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING RENEWAL OF THE LEASE FOR LIQUOR STORE #3 ------------------------------------------------------------- WHEREAS, Section 7.01 of the City Charter provides that the City Council shall have full authority over the financial affairs of the City; and WHEREAS, the existing lease for Liquor Store #3 between the City and Northbrook Shopping Center will expire during 1994; and WHEREAS, a renewal of the lease has been negotiated with the Landlord which will reduce the rent and extend occupancy of the store through March 31, 1999; and WHEREAS, the Liquor Store #3 has been profitable in this site and it is in the best interest of the City to continue its operation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Manager and Finance Director are authorized and directed to sign the lease with Northbrook Partners for Liquor Store #3 for the period of February 1, 1994 through March 31, 1999. Date Todd Paulson, Mayor ATTEST: Deputy 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 Council Meeting Date 1/24/94 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOMIVIENDATION: No comments to supplement this report Comments below /attached SUIVEVIARY EXPLANATION: (supplemental sheets attached ) Attached is the list of licenses to be approved by the city council. • RECOMMENDED CITY COUNCIL ACTION Approve licenses. 13 Licenses to be approved by the City Council on January 24, 1994: 4 3ASOLINE SERVICE STATION Duke's Amoco 6501 Humboldt Ave N AL4LL Humboldt Unocal 76 6840 Humboldt Ave N City Clerk 94k MECHANICAL SYSTEMS n United Heating & Air Conditioning 2702 Idaho Ave N ( Q Building Official RENTAL DWELLINGS Renewal: Redevco Marvin Garden Townhomes C. J. Schaber 5956 Beard Ave N Howard and Harriet Oien 5801 Brooklyn Blvd Reuben and Diane Ristrom, Jr. 6821 Noble Ave N Robert Berglund 6835 Noble Ave N Director of t/ 4j1- Community Development TAXICAB D own Taxi 2500 Washington Ave N #29, #68, #69, #78, #99, #118, #122, #124, #127 #128, #129, #130, #131, #132, #142 City CleA 4k TOBACCO RELATED PRODUCT Centerbrook Golf Course 5500 N Lilac Drive Duke's Amoco 6501 Humboldt Ave N City Clerk GENERAL APPROVAL: Sharon Knutson, Deputy City Clerk