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HomeMy WebLinkAbout1994 01-10 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JANUARY 10, 1994 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Employee Service Recognition Program -This is the 15th annual presentation by the City Council of service awards to City employees to recognize years of service to the City. 5. Open Forum 6. Council Report 7. Select Presidin g Officers a. Mayor Pro Tem b. Acting Mayor Pro Tem 8. Approval of Agenda and Consent Agenda -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. 9. Approval of Minutes: * a. December 6, 1993 - Regular Session b. December 8, 1993 - Truth -in- Taxation Budget Hearing c. December 15, 1993 - Truth -in- Taxation Budget Hearing * d. December 20, 1993 - Regular Session 10. Mayoral Appointments: a. Park and Recreation Commission b. Planning Commission 11. Proclamations: a. Declaring January 17, 1994, as Martin Luther King, Jr. Day b. Declaring Januray 23, 1994, as POW /MIA National Day of Prayer CITY COUNCIL AGENDA -2- January 10, 1994 12. Ordinances: (7:15 p.m.) a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Atkins property) -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. This 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 Cl (Service /Office) as approved under Planning Commission Application No. 93015 submitted by the City of Brooklyn Center. b. An Ordinance Vacating a Drainage and Utility Easement in Tract E, Registered Land Survey No. 546 (The vacation of this easement is in conjunction with the relocation of public utilities at Omni Tool, 3500 48th Avenue North) -The public hearing and second reading of this ordinance were conducted on 12/06/93 and the public hearing was closed. Consideration of the ordinance was then tabled, pending completion of all necessary documentation. That documentation has now been completed and the ordinance is recommended for adoption at this time. c. An Ordinance Vacating a Drainage and Utility Easement in Lot 1, Block 6, Wangstad's Brooklyn Terrace (The vacation of this easement is in conjunction with redevelopment of the Brookdale Chrysler Plymouth site on Brooklyn Boulevard) -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. d. An Ordinance Amending Chapter 23 of the City Ordinances Regarding Alarm Systems -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. e. An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel -This item is offered this evening for a first reading. 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. 13. Discussion Items: a. 1994 Pay Plan b. Annual Report from Administrative Traffic Committee c. Capital Improvements Fund Expenditure Policy d. Policy and Procedure on Mayor and Council Member Total Compensation CITY COUNCIL AGENDA -3- January 10, 1994 14. Resolutions: * a. Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions * b. Designating Official Newspaper * c. Expressing Recognition and Appreciation of Ulyssess Boyd for His Dedicated Public Service on the Financial Commission d. Establishing Standards of Conduct at Public Meetings * e. Approving Specifications and Authorizing Advertisement for Bids for Delivery of One (1) Compact Minivan for Fire Department * f. 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 * g. 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 * h. Awarding Liquor Liability Insurance Contract * i. Designating Depositories of City Funds * j. Establishing an Interest Rate on Loans from the Investment Trust Fund to Other Funds of the City of Brooklyn Center * k. Approving Amendments to the Fire Department Relief Association Bylaws * 1. Authorizing Mayor and City Manager to Execute Third -Party Agreements for Year XIX Urban Hennepin County Community Development Block Grant Program * m. Authorizing the Purchase of Five (5) Police Sedans * n. Accepting Bid and Authorizing the Purchase of One (1) Copier /Duplicator *15. Licenses 16. Adjournment S CITY OF BROOKLYN CENTER ANNUAL EMPLOYEE RECOGNITION NIGHT • CITY COUNCIL CHAMBERS 7:00 P.M. JANUARY 10, 1994 CITY OF BROOKLYN CENTER ANNUAL EMPLOYEE RECOGNITION NIGHT JANUARY 10, 1994 Tonight is the fifteenth annual presentation by the City Council of service awards to City employees to recognize years of service to the City. Recognition is to be given tonight to those employees who have observed the anniversary of twenty, twenty -five, or thirty years of full -time employment with the City. The awards are a part of a service recognition program approved by the City Council in 1979. Six persons, who are listed below, will receive awards this evening. EMPLOYEES WITH THIRTY YEARS OF SERVICE GARY GIVING Engineering Technician III February 4, 1993 DONALD SOLLARS Police Sergeant January 2, 1994 • EMPLOYEES WITH TWENTY FIVE YEARS OF SERVICE GREGORY WEEKS Police Sergeant December 11, 1993 EMPLOYEES WITH TWENTY YEARS OF SERVICE ROBERT DIRKS Police Officer July 5, 1993 JOHN PTAK Police Sergeant January 17, 1993 RONALD A. WARREN II Planning & Zoning Specialist December 3, 1993 The employees recognized this evening are representative of all City employees who serve their City well. LISTING OF ACTIVE CITY EMPLOYEES WITH TWENTY OR MORE YEARS OF SERVICE AS OF JANUARY 10, 1994 THIRTY -FIVE OR MORE YEARS OF SERVICE ROBERT CAHLANDER, Supervisor of Streets and Parks (38) THIRTY OF MORE YEARS OF SERVICE GARY GIVING, Engineering Technician III (30) DONALD SOLLARS, Police Sergeant (30) TWENTY -FIVE OR MORE YEARS OF SERVICE DAVID WERNER, Police Sergeant (28) SCOTT KLINE, Police Captain (27) DONALD SPEHN, Police Officer (27) ERLAND SHELLY, Police Officer (26) GREGORY WEEKS, Police Sergeant (25) TWENTY OR MORE YEARS OF SERVICE AL HARTMANN, Engineering Technician III (24) KATHY FLESHER, Recreation Program Supervisor (24) ARNIE MAVIS, Director of Recreation (24) JOHN BENTZEN, Parks Maintenance (24) RON PEARSON, Police Dispatcher (23) LARRY HANSEN, Street Maintenance (23) RICHARD FRYER, Police Officer (22) JOEL DOWNER, Police Captain (21) STEPHEN McCOMB, Police Sergeant (21) ROBERT DIRKS, Police Officer (20) JOHN PTAK, Police Sergeant (20) RONALD A. WARREN II, Planning & Zoning Specialist (20) CITY OF BROOKLYN CENTER Council Meeting Date 1/10/94 Agenda Item Number 7 REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: SELECT PRESIDING OFFICERS DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOMNIENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Section 2.06 of the City Charter requires the council to choose from its members a president pro • tem who shall hold office at the pleasure of the council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. Also at its November 23, 1992, city council meeting, the council passed Resolution No. 92 -262 Establishing and Designating an Acting President Pro Tem. of the City Council. The resolution states the most senior councilmember shall preside in the absence of both the Mayor and Mayor pro tem, and that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. Following is a list of councilmembers by seniority. Celia Scott (elected November 4, 1980) Dave Rosene (elected November 6, 1990) Barb Kalligher (elected November 3, 1992, with 6,935 votes) Kristen Mann (elected November 3, 1992, with 6,775 votes) RECOMMENDED CITY COUNCIL ACTION Select Mayor pro tem and Acting Mayor pro tem. • Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION NO. 92 -26 RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2.06 of the Brooklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tem who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tem may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS, the City Council desires to provide for an acting president pro tem who shall serve in the absence of the Mayor and president pro tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the most senior Councilmember shall preside in the absence of both the Mayor and Mayor pro tem. BE IT FURTHER RESOLVED that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. N 23, 1992 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen , and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date January 10, 1993 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CITY COUNCIL MINUTES - DECEMBER 6, 1993 - REGULAR SESSION TRUTH -IN- TAXATION - DECEMBER 8, 1993 TRUTH -IN- TAXATION - DECEMBER 15, 1993 CITY COUNCIL MINUTES - DECEMBER 20, 1993 - REGULAR SESSION DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOMIVIENDATION: ®ice No comments to supplement this report Comments below /attached SUI EMLARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 6, 1993 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:01 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 LeFevere, and Council Secretary Kathy Stratton. OPENING CEREMONIES Elaine Carlson offered the invocation. 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 forum session this evening, but the requests concerned agenda items so he asked the people to wait until their particular issue was addressed by the Council. COUNCIL REPORTS Councilmember Mann explained she had met with Sharon Sa P Y les Belton and was excited about the prospect of working together with her. Councilmember 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 Councilmember requested any items be removed from the consent agenda. There was no such request. 12/6/93 - 1 - RESOLUTIONS RESOLUTION NO. 93 -208 Member Dave Rosene introduced 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 Rosene introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE WEST MISSISSIPPI 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 -210 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -211 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING O C OWLEDGING 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 Dave 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 Kalligher approving Transfer of Class B and Sunday On -sale Intoxicating Liquor License from Chi - Chi's Midwest, Inc., DBA Chi -Chi's Mexican Restaurante to Chi -Chi's USA, Inc., DBA Chi - Chi's Mexican 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 6844 Shingle Creek Pkwy . Brooklyn Center Service, Inc. 6245 Brooklyn Blvd Northern States Power Company 4501 68th Ave N MECHANICAL SYSTEMS Advanced Energy Services, Inc. 3650 Annapolis Lane Cedarview Heating and Cooling, Inc. 19187 Main St NW O'Keefe Mechanical, Inc. 7251 Washington Ave S RENTAL DWELLINGS 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 Ave 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. PRESENTATION County Commissioner Mike Opat indicated he appreciated 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 Camel packing. He mentioned the County has recently become smoke free. DISCUSSION ITEMS Mayor Paulson explained there would be a change in the order of the agenda to prevent audience members from waiting. 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 id h w sa e as flattered by the television and media coverage of the issue, but it seemed to him 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 something 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 terrible 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 see 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 advertising had been shown to affect young people's decision to smoke, as well as instances 12/6/93 -4 - 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 lucky 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 raising the price 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 Joe 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. 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 12/6/93 -5 - day. He said the only reason to advertise is to sell more cigarettes, which is also bad. 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 still 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 Grandparents 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 advertising 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, 7125 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 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 12/6/93 -6 - M 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 somethin g and do it now. Jeff Lustree, 7111 66th Avenue North, said he goes to Evergreen Park Elementary School and can't believe how young the kids are at his school that are smoking. Ms. Lisa Lustree, Jeff's 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 advertising 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 f tobacco in Brooklyn r he id v to b o acco Center. S said a o t g by Council in support of the ordinance reflects the desires 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 b th nil r s. e Cou c membe Y Y 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. She said the ordinance is a step in the right direction, but because of the responses from children 12/6/93 - 7 - 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. 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 12/6/93 - 8 - 0 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 date. 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. He 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 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 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. h' g P tY Y 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 Rosene. 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 Mann if she was saying there should be a ban on all cigarette advertising. Councilmember Mann said there should not be a ban on advertising, but a ban on sale of the product. 12/6/93 - 9 - Mayor Paulson 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. 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. ORDINANCES 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. 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 more action than just signs. She said she would like to see 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 11 of the City Ordinances Regarding Liquor Licensing; Requiring the Posting of Signs to Warn Pregnant Women of the Effects of Alcohol Consumption. The motion passed unanimously. PUBLIC HEARINGS The City Manager explained the proposed issuance of revenue bonds to finance a program for the acquisition and rehabilitation of a multifamily housing development (The Ponds) and offered the applicant a chance to address the Council. 12/6/93 - 10- 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 anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to close the public hearing at 9:18 p.m. The motion passed unanimously. Councilmember 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 rehabilitation. 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 moved its adoption: RESOLUTION AUTHORIZING THE FINANCING OF A HOUSING PROGRAM UNDER MINNESOTA STATUTES, CHAPTER 462C, AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (THE PONDS FAMILY 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 CI (Service /Office) three parcels of land located at the S.E. 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 Specialist showed the properties on an overhead and explained briefly the history of these properties. He explained the necessary action in order to 12/6/93 - 11 - approve the Planning Commission's recommendation and reviewed matters from the SEH Study as they pertained to decisions made by the Planning Commission. He said the proposed ordinance amendment describing 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 NO. 93 -215 Member Kristen Mann 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 Councilmember Kalligher 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. PUBLIC 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. 12/6/93 - 12- There was a motion by Councilmember Mann and seconded by Councilmember Scott to close 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 served on the various commissions have 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. 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. 12/6/93 - 13 - 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 recommended all three 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 COMMISSION 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 passed 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 he be contacted before someone else is appointed to his position. Mayor Paulson explained his opinion against appointing people who are receiving compensation from the City, which is the case with Mr. Russell. Councilmember Mann agreed it would be better to contact Mr. Russell before finalizing that appointment. 12/6/93 - 14 - 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. PLANNING COMMISSION Mayor Paulson recommended 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 EXECUTIVE SESSION OF 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 TimeSaver Off Site Secretarial 12/6/93 - 15 - MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA TRUTH -IN- TAXATION BUDGET HEARING DECEMBER 8, 1993 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in special session and was called to order by Acting Mayor pro tem Celia Scott at 7:05 p.m. ROLL CALL Councilmembers Celia Scott, Barb Kalligher and Kristen Mann. Mayor Paulson arrived at 7:07 p.m. Councilmember Dave Rosene was excused from tonight's meeting. Also present were City Manager Gerald Splinter, Finance Director Charlie Hansen, City Assessor Mark Parish, and Council Secretary Carla Wirth. PRESENTATION - 1994 PROPOSED BUDGET The City Manager explained the purpose for the meeting tonight is to meet the State's requirement for a Truth -In- Taxation public hearing required to be held by every governmental unit. He added the Council will be soliciting public comment on the 1994 Budget tonight but cannot, by State law, take action on the budget at tonight's meeting. Council is required to take action on the budget no later than to December 20. The City Manager then reviewed the budget process followed to develop the 1994 Budget. Mayor Paulson arrived at 7:07 p.m. The City Manager presented a report on the proposed 1994 General Fund Budget, pointing out the City's portion of property taxes is approximately 19 percent with approximately 49 percent going to the Osseo School District, 27 percent to Hennepin County, and the remaining five percent divided among specia; districts including the Metro Mosquito Control, Metropolitan Council Metropolitan Council Solid Waste Bonds Metro Transit Hen P � P P Parks and the Park Museum. He pointed out the City's tax portion on a typical $73,000 home is $205 which would be allocated for Public Safety, Public Works, Recreation, General Government and Economic Development. He added the 1994 Budget maintains current service levels and provides for the addition of two more Police Officers. He concluded his report by stating the proposed 1994 Budget has been adjusted downward resulting in no increase in expenditures for 1994. 12/8/93 - 1 - The Finance Director reviewed the proposed 1994 Budget figures including percentages expended for Personal Services (salaries and wages, pensions, benefits), number of full -time and part -time employees, private contractors, and total expenditures. He stated even though there is no increase in budget expenditures, residents may experience an increase in taxes due to a tax base decline of commercial and apartment properties. He explained the loss in market value of commercial and apartment properties has resulted in a shifting of the tax burden over to residential (single family) property. A homestead residence valued at $73,000 would experience a $10.24 or 5.6% increase due to the tax base decline. The Finance Director stated the City has also experienced a loss in other revenue sources such as fines and forfeitures, business licenses, lodging taxes, and recreation fees. A homestead residence valued at $73,000 would experience a $11.70 or 6.4% increase due to the loss of these revenues. He reported the City does not receive all of the taxes levied because of appeals to the tax court. Therefore, the Budget anticipates 2% of property taxes will be uncollectible. All of these factors together result in this typical $73,000 home experiencing a $21.94, or 12% increase in City taxes for 1994. The Finance Director explained the State of Minnesota Commission on Reform and Efficiency taxes for 1994 evaluated how cities budget funds and established basic spending levels for all cities. According to these standards, Brooklyn Center's spending is 9% below the basic spending level established by the State. Mayor Paulson opened the public hearing at 7:20 p.m. and invited comment from the public regarding the proposed 1994 Budget. Daniel Remiarz, 6201 June Avenue North, expressed concern his water utility bill increased 14% last year and 12.3% this year. He commented he stopped by the City garage one afternoon and found only one employee present. He suggested the City use a contractor for this type of work. He stated he is on a fixed income and is concerned with paying a 17.8% increase. He questioned the cost for adding two police officers. In response, the City Manager explained the water and sewer rates do not relate to tax but relate to cost. With regard to the City garage, he stated employees are working out in the field during the day and not expected to be present at the garage. He reviewed the proposed improvements to the garage which are needed to meet State requirements for safety standards and increased storage needs. He pointed out the City has used contractors for some Public Works duties such as sealcoating which reduced the number of employees. He explained the salary cost for two police officers is $90,000 and the remainder of the increase covers inflation on equipment, materials, supplies, and utility costs. Steven Slobodnik, 2719 - 64th Avenue North, commented his 34 year old house has decreased $10,000 in value and yet his taxes continue to increase. He stated his water is rusty and not agreeable to drink because of the smell and taste. He is a senior citizen and is concerned about the cost to repair /replace the City's water system. He questioned why 12/8/93 /8/ 3 -2- the City's revenue from penalties and fines is reduced since it appears the court house is very busy. He also questioned whether the City charges an additional 6.5% for lodging. The City Manager stated the City has had a 6.0% tax on lodging for five to six years but the revenue from this source has dropped off because of reduced activity at the Park Inn. With regard to Court activity, he explained people are now choosing jailtime rather than paying fines, which results in the City having to pay for their housing while also losing revenue from fines /penalties. Bob Peppe, 6713 Toledo Avenue North, expressed concern with the way money is proposed to be allocated. He asserted diverting 10% funding away from economical development will result in increased incidents of crime. He also felt funds should not be diverted from the recreation program which will impact Brooklyn Center's youth. He suggested the Council divert funds into economic development to build up the City's infrastructure. The City Manager explained the reason economic development is dropping is not because of a decrease in activity, but because of the loss of commercial and industrial value. He explained there have not really been any program cuts, but the Contingency Fund has been reduced from $20,000 to $10,000. He further explained how the reduction in the recreation budget relates to revenue generated by the water slide, and there is no actual impact to recreational programs. Perry Nordquist, 1707 Woodbine Lane, stated his taxes increased 17.8% last year and 22.5% this year and asked if this is the result of an error. He stated his intention to bring the matter before Hennepin County. The City Manager suggested he address these concerns with the City Assessor who was in attendance. Anthony Kuefler, 5943 Abbot Avenue North, stated he is speaking as both a resident and member of the Board of Directors of the Brooklyn Center Taxpayer's Association. He stated his taxes have increased 36.8% over the last two years and he has made no improvements except to maintain his property. He asserted this huge increase is out of line it today's economy of unemployment and fixed incomes. He stated the Council by- passed S .3 million by not transferring dispatching to Hennepin County and plans to add two Police officers which he felt treated the symptom rather than the problem which is the leniency of the court system. He pointed out Brooklyn Center's ranking for public safety expenditures is very high compared to other communities. He then renewed the average 1991 per capita expenditures for cities which was prepared by the Minnesota State Auditor as well as a comparison of staffing, receipt of State Aid, and levy limits. He stated his opinion Brooklyn Center's figures appear to be out of balance and something needs to be done in 1994, not in 1995. He added the Brooklyn Center Taxpayer's Association would like to extend their help and make themselves available to staff. The City Manager stated he would like to review these figures with Mr. Kuefler and discuss comparisons used. He explained the data for public spending levels established by the State 12/8/93 -3 - indicates Brooklyn Center is 9% below. He added Brooklyn Center has a larger commercial and industrial area than some communities which the C.O.R.E Study takes into consideration. Councilmember Scott commented on the impact to residential properties which resulted when the State shifted the burden from commercial and industrial properties. The Finance Director agreed and explained over the years the State has made a number of changes which affect the tax burden allocated to residential property. Ron Christensen, 6101 June Avenue North, stated he has lived in Brooklyn Center over thirty years and understands the funding impact of the State's revisions. He pointed out the State had nothing to do with the Council decision to not go with the Hennepin County Dispatching system which would have saved $130,000 per year or $1.3 million over ten years. He added the State also did not tell the Council to hire two more Police officers. He stated his opinion these were both irresponsible decisions. Nancy Carlson, 6024 Aldrich Avenue, stated safety is the most important factor in Brooklyn Center and residents need police officers. She stated her support of the Council's decision to retain a dispatching system and added it was a wise choice. Don Escher, Financial Commission Chairperson, thanked the Council for the opportunity to work together to develop the proposed 1994 Budget. He reviewed the budget process stating the Financial Commission supports the proposed budget on a split vote (four in favor two abstentions and one against). On behalf of the Commission he suggested the Council reconsider the capital expenditure items which were eliminated from the budget. He pointed out while cutting them resolves the 1994 budget, next year's budget will include on -going staffing costs for the additional Police officers and the equipment needs will still exist. He stated the Financial Commission is on record for approving the budget reductions but recommends the Council consider only one additional Police officer. The City Manager explained some recurring items can be purchased from other funds. He added the Disaster Recovery System can be purchased in two stages or perhaps it should be addressed in 1996 as a total program. He reviewed the proposed reductions. Mayor Paulson stated he would like the Financial Commission, Council, and staff to look at reorganizing and restructuring City staff. He suggested the Financial Commission could be advocates to review potential cost savings. Rod Snyder, 6408 Willow Lane, stated his concern his property taxes continue to increase. He encouraged the Council to be responsive to residents on fixed incomes by making the most frugal and wisest expenditures of tax dollars as is possible. He also encouraged them to take leadership in assuring Brooklyn Center remains a community where residents want to live by addressing the challenges facing the City including public safety and crime. He asserted two more police officers will not resolve a societal problem but felt the Council 12/8/93 -4- does need to address problems with crime. He stated his concern regarding property values to assure that Brooklyn Center homes remain saleable. Milo Carlson, 5830 Drew Avenue, stated he has lived in Brooklyn Center for 36 years and paid taxes to construct two new high schools plus many other improvements. He explained he now wants to retire but is facing a 16% increase in taxes this year and is concerned about increases he will see next year and in the future. He encouraged the Council to find ways to cut spending to keep taxes down and to set an upper limit. Mayor Paulson asked if anyone else would like to provide input. No one appeared to do SO. Councilmember Mann stated she has received phone calls from several residents who were unable to attend tonight's meeting. She suggested the public hearing be continued to December 15, 1993, to allow another opportunity for residents to provide input. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to continue the public hearing on the proposed 1994 City Budget to 7 p.m. on Wednesday, December 15, 1993. The motion passed unanimously. The City Manager informed the Council they will need to take final action on the 1994 Budget at their December 20 meeting. Mayor Paulson commented he voted against the 1993 Budget but feels the budget proposed for 1994 is different. He stated this year the Council listened to resident's input and concern regarding safety and security and chose to address these issues by looking at the dispatch system and adding two Police officers. He pointed out there is no increase to expenses in 1994 which not too many units of government have been able to accomplish. He added he hopes residents understand why there may still be an increase in their taxes, because the Legislature revised the property tax system which places more burden on residential properties. ADJOURNMENT There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:12 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth TimeSaver Off Site Secretarial 12/8/93 -5 - r MINUTES OF THE PROCEED C ITY COUNCIL OF THE CITY OF BROOKL GENTER IN 'I'FiE COUNTY OF HFNNEPIN AND THE STATE OF MINNESOTA TRUTH -IN- TAXATION BUDGET HEARING DECEMBER 15, 1993 CITY HALL COUNCIL CHAMBERS GALL TO GIRDER The Brooklyn Center City Council met in special session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL C ALL Dave Rosene, and Kristen Mann. Mayor Todd Paulson, Councilmembers Celia Scott, resent were City Councilmember Barb Kalligher was - excuse d �ame Hansen�G Cit Assess Mark Parish, and Manager Gerald Splinter, Finance Directo Co uncil Secretary Kathy Stratton, RES TAI N - 1994 PRO SE RIJDG E The City Manager explained the purpu5e for the mccting tonight is to meet the State's requirement for aTruth -In- Taxation public hearing required to be held by every public comment on the 1994 governmental unit. He added the Council will be soliciting Budget tonight but cannot, by State law, take action on the budget at tonight's meeting. Council is required to take action on the budget prior to December 20. The City Manager then reviewed the budget process followed to develop the 1994 Budget. The City Manager presented a report on the prop osed 1994 General 1~'und Budget, pointing _ out the City's portion is approximately 19 percent with nppr d �eT�m9a percent going to five percent the Osseo School District, 27 percent to Hennepin County, divided among sp ecial districts including the Metro Mosquito Control, Metropolitan Council, Metropolitan Council il Solid Waste Bonds, Metro Transit, Hennepin Parks and the Park P 's tax onion on a typical $73,000 home is $205 which Museum. He pointed out the City P reation General Government, and would be allocated for Public Safety, Public Works, Rec, Economic Development. He added the 1994 Budget maintains curr his re port ce levels tating provides for the addition of two more Police oCers. He concluded u the proposed osed 1994 Budget has been adjusted downward resulting in no increase in expenditures for 1994. The Finance Director reviewed the proposed 1994 Budge ns enefits),cnum of full expended for Personal Services {salaries and wages, pe be . He stated even though and part -time employees, private contractors ' and total expenditures 12/15/93 -1- there is no increase in budget expenditures, residents may experience an increase in taxes due to a tax base decline of commercial and apartment properties. He explained the loss in market value of commercial and apartment properties has resulted i r s shifting valued o f at burd over to residential (single family) property. A homestea d $73,000 would experience a $10.24 or 5.6 increase due to the tax base decline. The Finance Director stated the City has also experienced a loss in other revenue sources such as fines and forfeitures, business licenses, experience , a $2194 or 6 4 % increase due ° lodging t5and recreation homestead residence valued at $73,000 w the loss of these revenues. He reported the City does not receive all of the taxes levied because of appeals to the tax court. Therefore, the Budget anticipates 2% of property taxes will be uncollectible. The Finance Director explained the State of Minnesota evaluated how cities budget funds and established basic spending levels for all cities. According to these standards, Brooklyn Center's spending is 9 %n below the basic spending level established by the State. The City Manager concluded the audience members should keep in mind Brooklyn Center only receives nineteen cents of each tax dollar they pay. Cotuicilmember Scott referred to a handout indicating $162,651 in cuts to the budget and asked if now that the amounts to be levied had changed the taxpayers would receive a new statement, The City Manager explained new tax statements would be calculated with the adj ustments downward. Mayor Paulson opened the public hearing at 7.18 p.m. and invited comment from the public regarding the proposed 1994 Budget. Mr. Phillip Dahlen, 6518 Willow Lane, spoke in support of the budget, especially the addition of two police officers and the decision to keep the dispatch service in the City. He said this budget would help to protect the area and expressed concern because of his neighborhood being the first one north of Minneapolis. He also expressed concern for Brookdale and said he shops at Northtown Mall instead. Mr. Bill Hannay, 6432 North Willow Lane, asked what is meant by a "typical" home in Brooklyn Center what has happened to the value of homes due to the recent drop in commercial property values. He said in response to the budget cuts to "go for it." The City Manager explained the "typictil" 'home in Brooklyn Center is a 900 to 1,040 square foot rambler with a two -car garage, with an average value of $73,000. He said there has been a steady increase in the value of homes, and the reduction of commercial property value has been due to market conditions affecting all areas, not just Brooklyn Center. 12115193 2- Mr. Elmer Peterson, 5350 Logan Avenue North, asked about an example given in the literature in which $503 is given to Osseo School District. He explained in 1956 he had moved to Brooklyn Center thinking there would only be one school district. He also said he wondered why the homeowners have to make up for revenues lost when property values of commercial property and apartments go down. The City Manager explained there are four School Districts present in Brooklyn Center and used an overhead to explain where the boundaries are for each one. He also explaimed the $503 for Osseo School District was just used as an example, but there are more homes in the Osseo School District than any other. He said historically there have been shifts in values of residential areas as well as commercial areas and apartments, but the services the City provides remain the same, therefore there are slight shifts in the amounts paid by property owners. Mr. Daniel Rezniarz, 6201 June Avenue North, commented there seem to be more vehicles owned b Brooklyn okl Center than necessary. He asked whether trees are trimmed by the City Y Bro because he's seen a nice truck that has a bucket for that purpose, but never see n it out in . the area. He added maybe the City should contract out for tree trimming. In response, the City Manager explained trees are trimmed frequently, and each homeowner is given notice when that is to happen on their property. He said trees are trimmed in the parks as well and explained the City does save money doing it rather than contracting the service. Councilmember Rosene said he had just received notice that his trees were to be trimmed. Mr. Roger Dusbabek, 5400 Logan Avenue North, complimented tt but asked if Council could be bringing the b down to the same amount it was last y further reductions. Councilmember Roscne explained the list prepared by City staff of items that could be done away with. He said he is personally reluctant to make any further budget cuts because it would mean cuts in important services. Mr. Dusbabek asked who establishes poverty levels and decides which people get tai breaks. In response, the City Manager explained any tax breaks are part of federal programs or are provided by utility companies which are administered separately from what the City does, and the qualifications are set by those organizations. Councilmcmber Rosene asked if anyone else wished to comment, and no one appeared to do so. Councilmember Scott thanked those present for their interest and input. 12/15/93 3 R There was a motion by Councilmember Scott and seconded by emotion posed Man anirnouSjy recess for the purpose of reconvening in executive session. The Brooklyn Center City Council recessed at 7:35 p.m• Deputy City Clerk To Paulson, Mayor Recorded and transcribed by: Kathy Stratton TimeSavcr Off Site Secretarial 12/15/93 4 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 20, 1993 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:02 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance: Director Charlie Hansen, Planning and Zoning Specialist Ron Warren, City Attorney Charlie UFevere, Director of Community Develppment Brad Hoffman, and Council Secretary Kathy Stratton. C,ouncilmember Barb Kalligher had called the Mayor to indicate she would be late and she arrived at 7:14 p.m. .OPENING C.EREMQNIES The invocation was observed with a moment of silence. OPEN FORUIVt Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPQRTS Councilmcmbcr Rosene said he and Mayor Paulson bad been invited to judge a decorating contest at Garden City Court Apartments. He indicated it was an enjoyable experience and encouraged other apartments to become similarly involved. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any C;ouncilmember requested any items be removed from the consent agenda There were no such requests. 12/20/93 - 1 - APPROVAL OF MINUTES NOVEMBER 22, 1993 - REGULAR SESSION There was a motion by C;ouncilmember Rosene and seconded by Councilmcmber Mann to approve the minutes of November 22, 1993, regular session as printed. The motion passed unanimously. NOVEMBER 29, 1993 - WORK SESSION There was a motion by Councilmember Rosene and seconded by Councilmembcr Mann to approve the minutes of the November 29, 1993, work session as printed. The motion passed unanimously, RESOLUTIONS RESOLUTION NO-93-216 Member Dave Rosene introduuced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENTFOR BIDS FOR PURCHASE OF ONE (1) COPIER/DUPLICATOR The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously, RESOLUTION NO. 93 -217 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF KATE WINDSOR FOR HER DEDICATED PUBLIC SERVICE UN TBE HUMAN RIGHTS AND RESOURCES COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -218 Member Dave Rosene introduced the following resolution and moved its adoption- RESOLUTION AUTHORIZING THE INVESTMENT TRUST FUND TO ISSUE A TEMPORARY IMPROVEMENT NO'T'E TO LOAN FUNDS TO '1 HE EARLE BROWN HERITAGE CENTER FUND The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 12/20/93 -2- RESOLUTION NO, 93 -219 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE PURCHASE OF EIGHT (8) H.T. 1000 MOTOROLA PORTABLE RADIOS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -220 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ,ACCEPTING 'WORK PERFORMED AND APPROVING FINAL PAYMENT FOR CONTRACT 1993 -E, BROOKLYN BOULEVARD SIDEWALK REPAIRS, IMPROVEMENT PROJECT NO. 1993-08; ADA TRAIL IMPROVEMENTS, IMPROVEMENT PROJECT NO, 1993 -09; REPLACEMENT OF DEFECTIVE SIDEWALKS IN MISCELLANEOUS LOCATIONS, IMPROVEMENT PROJECT NO. 1993 -10; ENPANSION OF PARKING LOT IN SOUTH PALMER LAKE PARK, IMPROVEMENT PROJECT NO. 1993 -11; REPAIR OF FREEWAY BOULEVARD, IMPROVEMENT PROJECT NO. 1993-12; AND RECONSTRUCTION OF APPARATUS AREA IN NORTHPORT PARK, IMPROVEMENT PROJECT NO. 1993 -13 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -221 Member Dave Roscnc introduced the following resolution and moved its adoption: RESOLUTION ACCEP'T'ING BID AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1993 -24, WELL NO. 6 MAINTENANCE, AND LWROVEMEi` T PROJECT NO, 1993-26, WELL NO. S MAINTENANCE, CONTRACT 1993 -J The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -222 Member Dune Rosene introduced the following resolution and moved its adoption - RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE CHECKS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 12/20/93 -3- RESOLUTION NO, 93 -223 Member Dave Rosene introduced the following resolution and moved its adoption RESOLUTION APPOINTING AUDITORS FOR THE YEAR ENDED DECEMBER 31, 1993 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously, RESOLUTION NO, 93 -224 Member Dave Rosene introduced tho following resolution and moved its adoption: RESOLUTION AUTHORIZING THE TRANSFER OF FIXED ASSETS AND CASH AND INVESTMENTS FROM VARIOUS OTHER FUNDS TO THE CENTRAL. GARAGE INTERNAL SERVICE FUND TO BEGIN OPERATIONS AND COVER UNFUNDED PAST DEPRECIATION AS OF JANUARY 1, 1994 AND APPROVING A CENTRAL GARAGE MISSION STATEMENT AND OPERATING PRINCIPLES The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -225 hieniber Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DOUGLAS Ni ROSSI, SUPERINTENDENT OF BROOKLYN CENTER SCHOOL DISTRICT NO. 286 The motion f do foregoing resolution was duly seconded b member or the adoption of the n reso u u y P g g y Kristen Mann, and the motion passed unanimously. PERFORMANCE BOND REDUCTION There was a motion by Councilmember Rosene and seconded by Councilmcmbcr Mann to approve a performance bond reduction for Twin View Meadows 51st and France Avenues North. The motion passed unanimously, LICENSE There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve the following list of licenses: GASOLINE SERVICE STATION Brookdale Unocal 5710 Xerxes Ave N Howe Company 4821 Xerxes Ave N Metropolitan Transit Commission 6845 Shingle Creek Pkwy 12/20/93 -4- GASOLINE NE SERVICE STATION - CO INUED Mobil #504 6849 Brooklyn Blvd Osseo- Brooklyn Bus Company 4435 68th Ave N Total Petroleum, Inc. 6830 Brooklyn Blvd U.S. Post Office 6848 Lee Ave N U.S. West 6540 Shingle Creek Pkwy Bill West's Service Center 2000 57th Ave N MECHANICAL SYSTEMS Air Corp, Inc. 4088 83rd Ave N Pierce Refrigeration 1920 2nd Ave S PUBLIC DANCE Holiday Inn 2200 Freeway Blvd RENTAL DWELLINGS Renewal: Egons Podnieks Garden City Court Bruce Kruger /3agdish Trivedi 5500 Bryant Ave N Dr. Akbar Saiady 4207 Lakeside Ave N #131 Dr. Akbar Saiady 4207 Lakeside Ave N #326 SIGN HAN QER American Installers 9154 Parkington Circle Electric Sign and Lighting 11328 Zane Ave N Tophc Outdoor Advertising, Inc. 12652 Hastings St. NE TOBACCO RELATED PRODUCT Brookdale Unocal 76 5710 Xerxes Avo N Brooks Superette #21 6804 Humboldt Ave N Duoos Bros. American Legion #630 4307 70th Ave N F & M Distributors 5951 Earle Brown Drive Holiday Inn 2200 Freeway Blvd K -Mart 5930 Earle Brown Drive Mobil #504 6849 Brooklyn Blvd Total Petroleum 6830 Brooklyn Blvd The motion . assed unanimously. y MAYORAL APPOINTMENTS Mayor Paulson explained this agenda item would be covered later in the meeting so Coundmemher Kalligher could be involved in the discussion and moved on to the next agenda item, 12/20/93 -5- PL.AnINQ COMMISSION ITEM The City Manager introduced Planning Commission Application No. 93016 submitted by Independent School District No. 279, Request for site and building plan and special use permit approval for a 4,400 square foot addition to Garden City Elementary located at 3501 65th Avenue North. This application was recommended for approval by the Planning Commission at is December 9, 1993, meeting. The Planning and Zoning Specialist gave details of the application and explained a revised landscaping plan which met and eliminated condition #12 posed by the Planning Commission, He pointed out the School District had requested to be excused from providing curb and gutter improvements immediately because of budget constraints. He stated the Planning Commission recommended approval of this application and explained Mr. Dale Hamilton and Mr. Mark Hayes were present at the meeting to represent School District No. 279 and answer any questions. Councilmember Scott asked if there were plans to improve the Garden City Elementary playground area since it has become very unattractive and mostly filled with cockleburrs. Councilmember Kalligher arrived at the meeting at 7:10 p.m. Mr. Hamilton explained it is his understanding the School District has plans to update numerous playground areas which have recently become a problem due to new ADA and safety requirements which prghibit weed killer and herbicides. Mayor Paulson suggested ate should be put in the fence in the southwest corner of the � a g P school property since children are currently jumping over it there, and Mr. Hamilton said the School District would comply with that request if the City asks them to do so. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve Planning Commission Application No. 93416 submitted by Independent School District No, 279 subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A Site Performance Agreement shall be submitted prior to the, issuance of perIIUts to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view, The trash enclosure shall contain an opaque wood gate attached to a metal frame rather than a chain link gate with slats. 5. The building is to be, equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City ordinances. 12/20/93 -6- 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter around all parking and driving areas shall be deferred until the parking lot facilities at the school are upgraded based upon the school district's plan for scheduled improvements, which shall be accomplished within the next ten years. 8. The applicant shall submit an as built survey of the property, improvements and service lines, prior to the release of the Performance Agreement. 9. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 10. The storm drainage system shall be approved by and be in compliance with conditions set by the Shingle Creek Watershed Management Commission prior to the issuance of permits for this project, 11. The ponding areas required as part of the Storm drainage plan shall be protected by an approved easement, The easement documents shall be executed and filed with Hennepin County prior to the issuance of permits. The motion passed unanimously. PLANNING COMMISSION ITEMS - CONTINUED The City Manager introduced Planning Commission Application No. 93017 submitted by Independent School District No. 279. Request for site and building plan and special use permit approval for a 2,800 square foot addition to Orchard Lane Elementary School located at 6201 Noble Avenue North. The Planning and Zoning Specialist reported on details of the application including an explanation of a revised landscaping plan and explained the Planning Commission had recommended approval of this application. He explained Mr. Dale Hamilton and Mr. Mark Hayes were present at the meeting to answer any questions. Councilmember Kalligher asked about the 10 years referred to in the conditions for updating of the curb and gutter and commented that seems a little too long of a time frame. The Planning and Zoning specialist responded the school has been there 25 years without curb and gutte and the School District is in the process of considering when these improvements should be made, There was a motion by Councilmember Scott and secorx��ed by Councilmember Rosene to approve Planning Commission Application No. 93017 submitted by Independent School District No. 279 subject to the following conditions: 1. The building plans are su' Ject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer, prior to the issuancc of permits. 12/20/93 - 3. A Site Performance Agreement shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view, The trash enclosure shall contain an opaque wood gate attached to a metal frame rather than a chain link gate with slats. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall bo connected to a central monitoring device in accordance with Chapter 5 of the City ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. D612 curb and gutter around all parking and driving areas shall be deferred until the parking lot facilities at the school are upgraded based upon the school district's plan for scheduled improvements, which shall be accomplished within the next ten years. 8. The applicant shall submit an as -built survey of the property, improvements and service lines, prior to the release of the Performance Agreement. 9. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 10. The storm drainage system shall be, approved by and be in compliance with conditions set by the Shingle Creek Watershed Management Commission prior to the issuance of permits for this project. 11. The ponding areas required as part of the storm drainage plan shall b4 protected by an approved easement. The easement documents shall be executed and filed with Hennepin County prior to the issuance of permits. 12, Within one year the applicant shall provide an updated landscaping plan consistent with the landscaping enhancements recommended by the Brooklyn Boulevard Task Force. The motion passed unanimously. MAYORAL APPOINTMENTS - CONTINUED FINANCIAL COMMISSION Mayor Paulson explained lie had tried to contact the appointees as suggested at the last Council meeting. He explained both Ulyssess Boyd and Ron Christensen are on the Charter Commission, and Ulyssess Boyd declined his request to be on the Financial Commission so 'he could focus on the Charter Commission, while Ron Christensen requested to remain on the Financial Commission. The Mayor requested confirmation of his appointments of Ron Christensen and Lee Anderson for the Financial Commission. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve these appointments. The motion passed unanimously. 12!20/93 - 8 - PARK AND RECREATION COMMISSION Mayor Paulson explained he had tried to reach John Russell but was unsuccessful, and he recommended Kay Lasman for appointment to the Park and Recreation Commission. Mr. John Russell was present in the audience and told the Council he had been on the Park and Recreation Commission for four years and would very much like to be reappointed. HC said he did not think his part -time employment with the City is a conflict. Mayor Paulson explained his decision is not made on the basis of personality but in an attempt to get as many people involved in the process of the City's government as possible. He asked again for approval of the appointment of Kay Lasman because of her qualifications and the gender and geographic balance she would add. Councilmember Mann said Mr. Russell had done an excellent job and would be missed. unc�l d d a job, but since Councilmember li a thought man would good o John u o Kal r said she th Ka Las o 8h 8h Y 8 J Russell has spoken to be reappointed she would like to see him continue to serve on the Commission, She added she would vote against the Mayor's appointment of Kay Lasman. Councilmember Mann said she too would vote in support of John Russell. There was no motion made; therefore the appointment will not be made at this evening Pp g meeting. PLANNING COMMISSION Mayor Paulwn explained he had talked with both Mark Holmes and Bcrtil Johnson but still wanted to appoint Richard Campbell and Donald Booth to serve on. the Planning Commission. Councilmember Mann explained Mark Holmes is very interested in continuing to serve on the Planning Commission and he wants to see his neighborhood represented. Councilmember Rosene said Mark Holmes had also called him. He sympathized with the Mayor on the difficulty of mating this decision. Councilmember Kalligher said when she was on the Planning Commission Mark Holmes did a good job. She explained his excellent attendance record. Councilmember Scott explained Mark Holmes had taken the time to call her as well. She said she then checked his attendance record and found it to be outstanding. She said he had served well and since the Planning Commission needs continuity she could not vote to confirm the Mayor's appointment of Kay Lasman. i 12/20193 -9- Councilmember Rosene stated it seems the Council is asking for Mark Holmes to be one appointee and asked the Mayor to choose one other appointee between Donald Booth and Richard Campbell, Mayor Paulson said he could not make that choice at this evening's meeting. ORDINANCES The City Manager introduced an Ordinance Amending Chapter 21 of the City Ordinances Regarding Public Transportation and explained this ordinance was first read on November 22, 1993, published in the City's official newspaper on December 1, 1993, and is offered this evening for a public hearing and second reading. He explained this ordinance increases the insurance requirements for taxicabs. Mayor Paulson opened the meeting for the purpose of a public hearing on an Ordinance Amending Chapter 21 of the City Ordinances Regarding Public Transportation at 7:40 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 Kalligher to close the public hearing at 7;40 p.m. The motion passed unanimously. ORDINANCE NO, 93 -13 Membcr Kristen Mann introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY ORDINANCES REGARDING PUBLIC TRANSPORTATION The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. ORDINANCES _ CONTINUED The City Manager introduced An Ordinance Vacating a Drainage and Utility Easement in Lot 1, Block f, Wangstad's Brooklyn Terrace and explained the vacation of this easement is in conjunction with redevelopment of the Brookdale Chrysler Plymouth site on Brooklyn Boulevard, He said this ordinance is recommended for first reading this evening. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve first reading of An Ordinance Vacating a Drainage and Utility Easement in Lot 1, Block 6, Wangstad's Brooklyn Terrace. The motion passed unanimously. DISCUSSION ITEMS The City Manager introduced the staff recommendation regarding determination of benefits and establishment of special rates for northwest area Street Improvement Project No. 1994- 11. 12/20/93 -10- The Director of Public Works reported staff is in the process of holding meetings with the residents north of 69th Avenue and west of Brooklyn Boulevard regarding improvements. He explained staff would lie to know the assessment rate for the area and gave two options. He said one option is to assess $1,550 per household, which is estimated to be 30% of the cost of the improvements based on current appraisals. He explained the other option is to adjust that rate in some way and conduct new appraisals. Mayor Paulson asked what the cost of appraisal would be, and the Director of Public Works explained it would be approximately $2,900, the cost to choose two parcels of land out of the 113 that will be affected for a sample appraisal, Mayor Paulson stated he would feel comfortable having the parcels appraised. Councilmember Rosene asked what would happen if the appraisal came in at a lower amount and it did not look like the cost of improvements would be covered. The Director of Public Works responded unless at least 20 %n of the cost is covered with assessments the project cannot be undertaken. He said it is staff opinion that $1 is reasonable especially when other cities require residents to cover higher than 30% of the cost of improvements. He added people in Brooklyn Center should consider themselves lucky, and he believes having new appraisals would show that benefits would exceed the $1,550 amount of the assessment. The Public Works Coordinator concurred a new appraisal would only drive the assessment rate higher than $1,550 because of the appraisals done on six similar properties in the southeast section of Brooklyn Center which were even smaller than the lots in the Northwest area that would be assessed at $1,800 to $2,400. Councilmember Scott added she also felt an appraisal would only indicate the assessment should be higher and since other cities assess at 707o to 100 % $1,550 is a fair assessment and even a bargain. She suggested the City save the $2,900 by not conducting appraisals. Councilmember Mann also suggested the City accept the $1,550 rate and save the money, The City Attorney clarified the City Council can assess any percentage of the cost for improvements, and the stipulation of covering at least 20 of the cost with assessments is only if bonds are being sold, Mayor Paulson asked if the City would be able to stick with 30% for other neighborhoods and cautioned this decision will set the precedent for other improvements. The Director of Public Works explained the policy has been to assess at 30% for seven or eight years. He said to leave the assessment rate for the Northwest Area projeet at $2,550 is to remain within the bounds of existing policy, and conducting an appraisal and changing 1220193 - 11 - the rate would set a new precedent. He also explained the City Council can adjust the policy at any time. Councilmember Rosene said if an appraisal were to indicate a higher assessment he would still want to stick with the $1,550 rate and save the $2,900. RESOLUTION NO, 93 -226 Member Davo Roscna introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING ASSESSMENT RATES FOR STREET IMPROVEMENT PROJECTS IN RESIDENTIAL AREAS IN 1994 The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously, 1994 ANNUAL BUDGET The City Manager cxplaincd tho City Council has bocn working on the 1994 Annual Budget for several months and had conducted two Truth -in- Taxation hearings to accept public input. He indicated there has been no budget increase this year and over $160,()x0 had been cut from the proposed budget to accommodate requests of the Council. The Mayor asked the Councilmembers for questions or comments. Councilmember Mann said she thinks the Council has done a good job in keeping the general operating budget growth to zero, adding two new police officers, and keeping the dispatch service local. She said she would move approval of the budget. RESOLUTION NO, 93 -227 Member Kristen Mwin introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A FINAL TAX LEVY FOR 1994 APPROPRIATIONS FOR THE GENERAL FUND AND THE E,D.A. FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO, 93 -228 Member Celia S40ttt introduced the following resolution and moved its adoption: RESOLUTION TO CANCEL PART OF A TAX LEVY PREVIOUSLY CERTIFIED FOR THE REDEMPTION OF THE CERTIFICATES OF INDEHI EDNESS SOLD IN 1992 AND 1993 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 12/20(93 -12- RESOLUTION NO. 93 -229 Councilmembcr Rosene reminded the Council this resolution had been revised and the final version was received at the Council table this evening. The City Manager explained the only change is to separate the E.D.A. and H.RA into two sections as per the City Attorney's recommendation. Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1994 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO, 93 -234 Member Cclia Scott introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1994 PROPOSED BUDGET FOR THE GENERAL FUND, THE E,D.A FUND AND THE H,RA, FUND BUDGr:TS . The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO, 93 -231 Member Dan Roscne introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1994 PROPOSED BUDGET FOR THE CENTRAL GARAGE INTERNAL SERVICE FUND The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 1994 PAY PLAN AND 1994 COLLECTIVE BARGAINING AGREEMENTS TS The City Manager introduced the 1994 Pay Plan and 1994 Collective Bargaining Agreements and explained an agreement had been reached just this afternoon. He recommended approval roval of the a J agreement which adjusted wages and salaries of several employees in a similar way. Councilmember Rosene expressed his support for this proposal. 12120/93 - 13 - Celia Scott expressed her concern with employees accumulating sick leave that could be taken in conjunction with vacation time and cause a scheduling problem for the City. The City Manager explained a maximum of three days of accumulated sick leave can be taken per year, and that must be done with supervisor's approval. Mayor Paulson said he is also comfortable with the pay plan proposal but would like time to further negotiate the pay for the City Manager and would like that position taken out of the agreement. Councilmember Kalligher indicated she would like to further negotiate the Police Chiefs pay plan and asked that his position be taken out of the agreement as well. RESOLUTION NO, 93 -232 Member Cclia Stott introduced the following resolution and moved its adoption, minus the positions of Police Chief and City Manager: RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1994 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously, FALSE POLICE AND FIRE ALARMS The City Manager introduced An Ordinance Ascending Chapter 23 of the City Ordinances Regarding Alarm Systems and offered it for first reading this evening. Councilmember Celia Scott commented this ordinance has not been updated since 1982. She said the Council had discussed the issue last year but no action was taken, and she thinks it's time to do something about it. She continued the ordinance is not so much to fine people for repeat false alarms, but to make personnel more accountable for the cost to the City, She said people are not charged if the alarm was a result of mechanical failure and charges may be contested, She added people need to realize it puts a strain on public facilities and if equipment is out on a false alarm call when a real call comes in it can be a matter of life and death. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve first reading of An Ordinance Amending Chapter 23 of the City Ordinances Regarding Alarm Systems. The motion passed unanimously. 12/20193 -14- RESOLUTIONS - CONTINUED RESOLUTION NO 93-233 Member Barb Kalligher introduced the following resolution2 and muycd its adoption, RESOLUTION AMENDING THE FALSE ALARM FEE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. R_ EVIEW OF DETAI LS RE: PROCESS AND PROCEDURES FOR MEETINGS RELATING TO HITMBOLDT AVENUE The City Manager explained as a result of the motion made at the November 22, 1993, City Council Meeting regarding Humboldt Avenue there were some areas of uncertainty and staff wanted to make sure to proceed in accordance with the intentions of the Council. The Director of Public Works showed an overhead with a series of six questions he and staff needed answers for in order to proceed: Question 1: Which procedure is intended by the City Council? OPTION A: Step 1: A "Step 5" meeting with citizens (see copy of the Building Block Process) prior to the City Council's 1/31/94 worksession. Step 2: Staff prepares and submits concrete proposals) to City Council. Step 3: City Council considers the issues at its 1/31/94 worksession. OP'T'ION B: Staff prepares concrete proposal(s) to City Council, without conducting the "Step 5" meeting(s), and presents those proposals directly to the City Council for discussion and action at the (. ity C )1incil's ](.31194 worksession. Councilmember Rosene said as maker of the motion he should be the one to answer this question. He said Option A is the intended option and he was hoping the concrete proposals could be considered at a regular session of the Council. He commented he had not intended for the Council to meet on Valentine's Day, but did not receive a consensus from other Councilmembers to change the date of the next regular session, which is scheduled for February 14, 1994, after the concrete proposals are presented. Question 2: Regarding the Council's earlier direction to coordinate consideration of proceedings regarding Humboldt Avenue and 73rd Avenue, what direction should now be taken regarding 73rd Avenue? 12120/93 -15- Councilmember Scott said this is a staff decision and asked if staff could handle both groups at one meeting, or if two meetings were necessary. Councilmember Rosene concurred with Councilmember Scott and said prodence and logic would indicate both groups could attend one meeting. The Director of Public Works said there is no problem for staff to conduct one meeting with both groups present, but he said it should be a decision of the Council which is why he needed clarification, Councilmember Kalligher agreed both groups should meet together and said people living on 73rd Avenue need to know that the people on Humboldt Avenue want to black the ruud. Ou s ion To whom should notices of the meeting be sent? Councilmember Rosene asked what the comparative cost is between mailing notices and advertising in the paper. The Director of Public Works responded the newspaper is less expensive, and from a standpoint of special assessments and public hearings the City is required by law to do both a mailing and run advertisements. He continued there is no law regarding informational meetings ' e but the City Council's may mak that choice. gs t3' y e . Councilmember Rosene recommended notices be given to property owners abutting Humboldt Avenue, 73rd Avenue, and between, as well as taking out small ads to notify others in the greater Humboldt area. Councilemember Mann concurred with Councilmember Rosene and stated she would like to see published notices of informational meetings as a policy. The Director of Public Works explained the cost of running small advertisements is not that great. Mayor Paulson asked if a Press Release should be considered, and the Director of Public Works stated a Press Release would be read more than an ad. The Director of Public Works said the City could do both small ads and a Press Release in this instance. Councilmember Kalligher pointed out when notices were sent to people on Willow Lane a youth organization volunteered to deliver them. 12!20 /93 The Director of Public Works said that would be an option in this case as well, but the Willow Lane notice was a more expensive one. He continued he would be comfortable with mailing the notice in this case, Question 4: The Director of Public Works asked if the same people should receive notices of the Council's special work session scheduled for January 31, 1994. Mayor Paulson asked if one notice could be used for the purpose of notifying the residents of both meetings, and the Director of Public Works explained in doing one notice for two meetings, people often forget the second one. . Mayor Paulson suggested the first notice be sent to the same group of people and contain information regarding both meetings, and then a second notice be sent regarding the meeting January 31, 1994. estion 5• Is it the City Council's intent to take official action (i.e. - "adopting one concrete solution" and setting a Public Hearing for 3114/94) at the 1/31(94 meeting? The Director of Public Works explained normally the City Council does not take such official action at a work session, but may do so as long as it is an official meeting. Councilmember Mann requested the concrete solution be brought back to a regular Council meeting so residents can have another chance to be involved. Councilmember Rosene agreed and said that is what he originally invisioned. Councilmember Scott said she would rather see a final decision made earlier so the impression the City might change the final solution is not given. Councilmember Kalligher commented some people might not be able to attend earlier meetings, It was decided the final action would be taken at the regular session of the City Council on February 14, 1994. Ouuestion 6: At which point in the process does the City Council wish to make a determination of benefit (for special assessment purposes) and what process should be used to determine benefits? Councilmember Rosene stated staff should proceed as the recommendation in the Council packet states: (1) no attempt be made to define benefits until a specific proposal is established and (2) a professional, independent appraiser be employed at that time, to cvilduct detailed appraisals of benefit. 1=0/93 i After discussing each question and arriving at satisfactory answers for the Council and staff, the Director of Public Works presented an overhead with the timeline for completion of each step of the Humboldt Avenue improvements process. He commented the schedule is very tight, and made a copy available to audience members who wished to receive a copy. Mr. Mike Schwartz, a representative of the Humboldt Avenue Residents Association, said he is glad staff has set a schedule and he agrees people living on 73rd Avenue should be sent notices of meetings to be held regarding changes on Humboldt Avenue. QQNSIDERATION OF LIQUOR LLCENSES Councilmember Scott said she appreciates getting the Aanual Liquor License Report once a year so the Council knows the number of calls made to licensed establishments. She continued since there were no calls our licensing system must be doing a good job and it seems to be a good idea to requirc licenses. Councilmember Rosene said it is a pleasure to see the number of police responses so low to liquor establishments. He said he is concerned about the tcndency of these establishments to attract the kind of Grime people fear and noted a correlation between the ratio of food sales to liquor sales and the number of police calls. OTHER BUSINESS The City Manager explained the Council had failed to pass a motion authorizing the Mayor to execute contracts regarding the pay plans for Public Works and the Police Departments. There was a motion by Councilmember Rosene and seconded by Councilniember Scott to authorize the Mayor to execute Contracts regarding the pay plans for the Police Department and the Public Works Department. The motion passed unanimously. Councilmember Scott thanked the Police department for its work in negotiating an agreeable 1994 pay plan. ADJOURNMENT There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to adjourn the meeting, The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:40 p,m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton TimeSaYer Off Site Se -cretarial 12/20/93 - 18 - CITY OF BROOKLYN CENTER Council Meeting Date In0i94 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: MAYORAL APPOINTMENTS DEPT. APPROVAL: ,9��� - Gerald G. Splinter, eity Manager MANAGER'S REVIEW/RECOMIVIENDATION: No comments to supplement this report Comments below /attached SUNEM ARY EXPLANATION: (supplemental sheets attached — At its December 20, 1993, meeting, the City Council finalized appointments to the Financial • Commission. The Council also discussed appointments to the Park and Recreation Commission and Planning Commission. Since no motion was made for appointing anyone to these two commissions, this item was tabled. This evening by unanimous vote the City Council may approve Mayor Paulson's nominees for the Park and Recreation Commission and Planning Commission. PARK AND RECREATION COMMISSION At its December 20, 1993, meeting, Mayor Paulson nominated Kay Lasman to serve on the Park and Recreation Commission; however, there was not a motion by the Council so the item died at the table. This evening by unanimous vote the City Council may approve Mayor Paulson's nominee. Park and Recreation Commission - 1 term expires 12/31/93 Present Member.• John Russell, reapplied by application, PSA V New Applicants Kay Lasman, 4407 Woodbine Lane, PSA III Noah Bridges, 6712 Emerson Avenue North, PSA II 0 PLANNING COMMISSION At its December 20, 1993, meeting, Mayor Paulson nominated Richard Campbell and Donald Booth to serve on the commission; however, there was not a motion by the Council so the item died at the table. This evening by unanimous vote the City Council may approve Mayor Paulson's • nominees. Planning Commission - 2 terms expire 12/31/93 Present Members. Bertil Johnson, reapplied by informing staff liaison of continued interest, SW Mark Holmes, reapplied by application, NW New Applicants: Richard Campbell, 4521 Kathrene Drive, W Central Neighborhood Donald Booth, 5824 James Avenue North, SE Neighborhood Attached are the resolutions establishing both the Park and Recreation Commission and the Planning Commission. Subdivision 6, Members' Term of Office, states "Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified." Therefore, present members whose terms expired 12/31/93 shall continue to serve on the commission until appointments to the commissions are finalized. RECOMMENDED CITY COUNCIL ACTION Appoint persons to commissions as follows: Park and Recreation Commission - one member with a term to expire 12/31/96 Planning Commission - two members with terms to expire 12/31/95 . N �i M - RESOLUTION NO. 73 -25 RESOLUTION NO. 77 -52 RESOLUTION NO. 87 -133 RESOLUTION NO. 92 -137 RESOLUTION CONTINUING A BROOKLYN CENTER PARK AND RECREATION COMMISSION AND REDEFINING DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the City of Brooklyn Center is promoting the development of a quality park system and recreation program consistent with the financial capability of the community; and WHEREAS, provisions for an advisory Park and Recreation Commission were established in Chapter 13 of the municipal ordinances in 1966 prior to adoption of a City Charter; and WHEREAS, the City Charter provides for the establishment of commissions to advise the City Council with respect to policy formulation for municipal functions and activities; and WHEREAS, as a consequence of certain Charter provisions and the increasing complexity of the park and recreation function it is desirable to restructure the Park and Recreation Commission and its mission; and WHEREAS, it is acknowledged that the significance of the park and recreation function is such that it must be effectively and currently responsive to the citizenry; and WHEREAS, in pursuit of such goals the City Council recognizes the need to redefine and clarify the duties and responsibilities to be assigned a Park and Recreation Commission: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that there is hereby re- established within the City of Brooklyn Center an advisory Park and Recreation Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Park and Recreation 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 the conservation, park and recreation functions. Subdivision 3. PURPOSE: The general purpose of this Commission is to monitor and reflect the attitudes and concerns of the citizens of Brooklyn Center relative to the conservation of environmental resources in the City of Brooklyn Center - and to the park system and recreation programs, and to advise the City Council of citizen attitudes and policy matters relevant to the conservation, park and recreations function in Brooklyn Center. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: (1) Develop,. recommend, and, upon adoption by the City Council, monitor the execution of a comprehensive plan for the park, recreation, and conservation function in the City of Brooklyn Center. (2) Annually report to the City Council regarding achievements toward fulfillment of such comprehensive plan and recommend amendments to the plan as may be warranted. (3) Frequently visit the City parks and Recreation Center and wildlife areas, and keep informed of current recreation programs in order to continually review and evaluate park system development and recreation programming, and cultural activities. (4) Develop and recommend methods to stimulate positive public interest in the conservation, park and recreation functions. (5) Develop and recommend feasible methods of discouraging vandalism and destruction of park facilities. (6) Serve as a forum for the citizens of Brooklyn Center to voice their opinions regarding the conservation, park and recreation functions. (7) Promote coordination with the school districts serving Brooklyn Center, encouraging the interchangeable use of city and school district facilities and programs to the best interests of citizens. (8) Encourage dissemination of information to, and coordination with, Brooklyn Center organizations interested in the conservation, park and recreation function such as garden clubs, athletic groups, youth groups, civic organizations, and the like. (9) Encourage coordination with other communities and agencies to the extent appropriate in matters pertinent to the park and recreation function and the conservation of environmental resources r (10) Monitor and reflect attitudes and concerns of citizens relative to the park system, recreation programs, and conservation matters through informal contacts and meetings of neighborhood advisory groups. Subdivision 5. COMPOSITION: The Commission shall be composed of a Chairperson and six (6) 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 Park and Recreation Commission membership. The election shall be conducted at the Park and Recreation Commission's first regular meeting of the calendar year, or, in the case of a vacancy, within two regularly scheduled Park and Recreation Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Park and Recreation 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 pertaining to the conservation, park, and recreation function 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 Park and Recreation Commission of matters relevant to the park and recreation function; 4. Provide liaison with other governmental and volunteer units on matters relating to the conservation, park, and recreation function. 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. -3- 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. 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 conservation, park and recreation functions. 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. Initial Appointment The Commission under this resolution shall become effective March 12, 1973, and shall consist of three members appointed for a term through 1975, two members appointed for a term through 1974, and two members appointed for a term through 1973. 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 -4- 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 Park and Recreation 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 Park and Recreation 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. 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 during April 1973. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. ecial i a S meet n s may be called b the Chairperson. P 0 Y Y rP erson. 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. PARK SERVICE AREA: Park Service Areas Described Park Service Area 1: bounded on the east by the Mississippi River, on the south by 53rd Avenue, on the west by Shingle Creek Parkway to County Road 10 and thence by Shingle Creek, on the north by FAI -94. -5- Park Service Area 2: bounded on the east by the Mississippi River, on the south by FAI -94, on the west by Shingle Creek Parkway and the west line of Section 26, on the north by the north city limits. Park Service Area 3: bounded on the east by the west line of Section 26 and Shingle Creek Parkway, on the south by FAI -94, on the west by the west city limits, on the north by the north city limits. Park Service Area 4: bounded on the east by Shingle Creek Parkway, on the south by County Road 10, on the west by the west city limits, on the north by FAI -94. Park Service Area 5: bounded on the east by Shingle Creek, on the south by the south city limits, on the west by the west city limits, on the north by County Road 10. -6- Y41111 �IIIh1 Y /M .,1 '11M �'� ���'l 1� ,. :�. • v. - � � � ��fr ��. �('� 1,1 1(i t.ft-I ,", � ;T`. �� � I1 Y/M P,uY 777 �} 1.141 F"7 Y/M JIIYb9 �� i Y ,1• e lll•- FI� IE sti :E , „M,.etla O�C°�C_� 1 . ,.. u�ft a. - ��. i 1 i `r •, ! \ ��� i1, - 101— .- ---CJO . I OU Tkt M i uMYrT�d J � k,,, E :.' ,•iiAIiQ:A�, � 1 '. I�i�� \� � /j JJJJ • • ' L J Y,•I Ileil: �^ � E C ` \MEI�1 �;;` • . • . � � y + f f � � t ®I � 1�\ \� i�J'. CJ �. Y q .,..,.:•1 — \- ' ' SLTC' � [��E °L� �IIF�� � �!, `�( �. �.:��f :��:;� [HOC r t �� if © 1 � W iq 7r, :., —,�C _ �` r F �� • ,., ,.,N '';` . try f,.• � C] �_•— �� � — J —�.,t i t lit 1 1 11..,1_., _ . �._.... I;... � � 11,111' � E I � EEIIli�illiiil.ilili ��111 1 1 1 + + Ilij • u.11llnliulll ( ( uin .I;;Iflhlli�l�lfllsli;L(�illrl RESOLUTION NO. 87 -87 RESOLUTION NO. 87 -134 ! RESOLUTION NO. 92 -134 RESOLUTION DEFINING DUTIES AND RESPONSIBILITIES OF THE BROOKLYN CENTER PLANNING COMMISSION THEREFOR WHEREAS, the City of Brooklyn Center is promoting planning of development and redevelopment in the City; and WHEREAS, provisions for an advisory Planning Commission were established in Chapter 35 of the City Ordinances; and WHEREAS, as part of a movement towards standardization of the City Council advisory commission structure, Chapter 35 of the City Ordinances relating to the Planning Commission was amended on March 23, 1987; and WHEREAS, the City Charter provides for the establishment of commissions to advise the City Council with respect to policy formulation for municipal functions and activities; and WHEREAS, it is desirable for the City of Brooklyn Center to continue the function served by the Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that there is hereby established within the City of Brooklyn Center an advisory Planning Commission with duties and responsibilities as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center. Planning 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 planning functions. Subdivision 3. PURPOSE: The general purpose of the Commission is to act in an advisory capacity to the City Council on issues related to comprehensive planning of land use and development, platting, rezoning and special use applications, plan approval, variances and appeals. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission are as follows: 1. Planninv � a. Comprehensive Planning. The Commission shall, from time to time, upon its own motion or upon direction of the City Council, review the Comprehensive Plan and by a majority vote of all members of the Commission recommend appropriate amendments to the City Council. Before recommending any such amendments to the City Council, the Commission shall hold at least one public hearing to consider the proposed amendment. The staff liaison to the Commission shall publish notice of the time, place and purpose of the hearing once in the official newspaper of the municipality at least ten (10) days before the date of the hearing. Furthermore, the staff liaison shall transmit copies of the proposed amendment to the City Council prior to the publication of the notice of hearing. Following the review and recommendation by the Commission, the City Council shall consider the proposed amendment and may, by resolution of two- thirds of its members, amend the Comprehensive Plan. b. Coordination with Other Agencies. In the performance of its planning activities, the Commission shall consult with and coordinate the planning activities of other departments and agencies of the municipality to insure conformity with and to assist in a development of the comprehensive municipal plan. Furthermore, the Commission shall take due cognizance of the planning activities of adjacent units of government and other affected public agencies. C. Land Uses. The Commission shall, from time to time, review and report to the City Council on balance among Brooklyn Center land uses, and shall review existing land uses and kindred regulations, recommending any changes to the City Council (as outlined in the Brooklyn Center Year 2000 Committee Report). 2. Redevelopment The Commission shall, from time to time, upon its own motion or upon direction from the City Council, review and discuss a redevelopment policy for the City of Brooklyn Center, and make recommendations to the City Council with regard to redevelopment in the City. 3. Platting Before dividing any tract of land into two or more lots or parcels, an owner or subdivider shall, unless a variance is authorized, proceed -2- under the provisions of Chapter 15 of the Ordinances of the City of Brooklyn Center. 4. Rezoning and Special Use Applications The Commission shall hear and review all applications for amendments to the Zoning Ordinance, hereinafter referred to as "Rezoning Applications ", and applications for special use permits. The staff liaison to the Planning Commission shall maintain permanent files and records for each application to the Commission. The record for each application shall consist of a written application on a form provided by the municipality, the minutes of the Commission upon the hearing of the application, and the written recommendation of the Planning Commission. (See Section 35 -210, Rezoning, and Section 35- 220, Special Use Permits of the Ordinances of the City of Brooklyn Center.) 5. Plan Approval Every person, before commencing the construction or major alteration of a structure (except one and two family dwellings and buildings accessory thereto), shall submit information as set out in Section 35- 230 of the Ordinances of the City of Brooklyn Center. 6. Variances (Adjustments) and Appeals The Planning Commission shall serve as the Board of Adjustment and Appeals of the municipality. When acting as the Board of Adjustments and Appeals, the Planning Commission's recommendations shall be advisory to the City Council. The rules of parliamentary procedure governing the conduct of Planning Commission meetings shall also govern the conduct of the meetings of the Planning Commission when acting as the Board of Adjustments and Appeals. The staff liaison to the Planning Commission shall act as the staff liaison to the Board of Adjustments and Appeals and shall maintain permanent files and records for each appeal, application or petition to the Board of Adjustments and Appeals. The staff liaison shall maintain a separate file for each application, petition, or appeal to the Board of Adjustments and Appeals and shall place in said file, the record pertaining to each proceeding which shall consist of the written application, petition, or appeal; a copy of the minutes of the hearing of the Board; and a copy of the written recommendation of the Board. The Planning Commission, acting as the Board of Adjustments and Appeals, shall hear applications for variances (adjustments) in / accordance with Section 35 -240 and appeals in accordance with Section ( 35 -250 of the Ordinances of the City of Brooklyn Center. Subdivision 5. COMPOSITION: The Commission shall be composed of a Chairperson and six (6) 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 Planning Commission membership. The election shall be conducted at the Planning Commission's first regular meeting of the calendar year, or, in the case of a vacancy, within two regularly scheduled Planning Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Planning 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 planning and zoning; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Planning Commission of matters relevant to planning and zoning, 4. Provide liaison with other governmental and voluntary organizations on matters relevant to planning and zoning. 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 two -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. -4- In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Qualifications for Membership Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission, shall have been residents of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the planning 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 10, 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 Planning 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 Planning Commission appointment who has submitted the required application forma 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. -5- Compensation Commissioners shall serve without compensation. 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: 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. 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. 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- I 1 I 14 ONl ltl N.MYNO Y Iti•.� ,i • I+ �4 .l� M �✓ � ::'::': I ' , ' Ili_ ... «......• � I!l�lltL� i � +� .G� ,,..• �•�^ J ..n .i '- � � ({j � 1 I:r I �1, R ii'il;`�,.�^'" ""��- '"y1i�� � - s +q.L�.s.,s....••' '� �_�y�:'�'f� � � x .LJ � : I - .• +iiJ� ' '�:.l.; "4 ij ! �' -E/` I r,l,l„ ,' �� ( [1 " r � F" �[E � � � � C'�"' � �� P iN - ---- _.�• p�S �I� . ��.,,. -•— f � �� t �. �'-T tom= } "���t IIIItIl 'M'.'�"5_ = � •,� o— ;�ILH::ltll::.:lr _1'' Q, - 'ilE}fll 'iL i 'J{ wl, k� ® ® ®[:] Cl. O c �i3 , Ell ' j is ?,, „>�;� �� II:;:�'I{:.I •�,� rt : �{{:,,��ie � �•'>c:. J �����' ,�,�� -__ JEif$Ii}fu?�,,f ` -- j�'��1{il�]l1:''111r -•i i �: 1 �,;,��»: =i �.� I�1 �l ir: IQiiit�'!��ril - .!JJ u II. .��,,�. ..... r • .. „,,r rl n�- �t: .'_ 1 :'I yi. .:. i jl -•� I \ iii'IIli�i,��••' - ii- ��'� ” , � -_ t I r tE�j � � } .�.. j �' ' ._.. (�' � . �. TTri }�C`_`•1 }E 'tIE'll {i;;� -- .JIEy'• -. ICS _' Pi I }�i� �T :l II t 1 t ••: : � 1 _ � / J / - 1 \ I[' { " {il [IIUI Ilim ltl It tc ca r ..I t 6' •� r. lit { ra(li %�I1��{ t. r� LJ Li _'►.ter'_ [ •: r.:., li'• 1 I ( , t -. ti i �F - iit ` �JIII1?i SST iiri4, 1 i • " �� i i ....,�LL•;:�.' I •,:: :�] 1' •tnu�t�;i• l ,;., i d. E¢ N E W"1 t� �. � i; �°:I .....' I i -� ll { , ., �f!u.tr r. �.. `� � .�_-•�� Ultf ttti. • .fir. - , �� ( I 4 � '< y (1. t ,€, . i tt• `, • �il�l r ( 1 1 it � — -' - ' _ _ t,- [_ � � O ..� � iiy:il`- WAI aI � =raver a� : �•Cr.-] � / / IJLI CITY OF BROOKLYN CENTER Council Meeting Date Janua 1 1"4 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: A PROCLAMATION DECLARING JANUARY 17, 1994, AS MARTIN LUTHER KING, JR. DAY DEPT. APPROVAL: ljcfowt Geraly . Barone, Assistant City Manager /Personnel Coordinator MANAGER'S REVIEW/RECON ENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: su lemental sheets attached � PP ) • The City's human rights and resources commission has recommended passage of a proclamation declaring Martin Luther King, Jr. Day. RECOMMENDED CITY COUNCIL ACTION Pass A Proclamation Declaring January 17, 1994, as Martin Luther King, Jr. Day • /lam PROCLAMATION DECLARING JANUARY 17 1994 AS MARTIN LUTHER KING JR. DAY WHEREAS, the Reverend Dr. Martin Luther King, Jr. dedicated his life to achieving racial equality through nonviolent social change; and WHEREAS, in honor of this great civil rights leader, the United States Congress and the Minnesota State Legislature declared January 20, 1986, as the first observance of the Martin Luther King, Jr. holiday; and WHEREAS, this day will allow us to reflect upon Dr. King's contributions as a theologian, scholar, orator, philosopher, humanitarian, dreamer, and leader; and WHEREAS, this day will serve as a reminder that as long as any one group in our society is in bondage, none of us is truly free. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim January 17, 1994, as Martin Luther King Jr. Day in the City of Brooklyn Center. Date Mayor Attest: Deputy Clerk CITY OF BROOKLYN CENTER Council Meeting Date 1/10/94 Agenda Item Number // b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PROCLAMATION DECLARING JANUARY 23, 1994, AS POW /MIA NATIONAL DAY OF PRAYER ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: �/ 1 1;2" r1 Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOMNIENDATION: No comments to supplement this report Comments below /attached SUv IARY EXPLANATION: (supplemental sheets attached ) • This evening members of MINNESOTA WON'T FORGET POW /MIA will be in attendance to present the City of Brooklyn Center a POW /MIA flag. RECOMMENDED CITY COUNCIL ACTION PROCLAIM JANUARY 23, 1994, AS POW /MIA NATIONAL DAY OF PRAYER. li MINNESOTA WON'T FORGET POW /MIA January 4, 1994 Honorable Mayor Todd Paulson City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Mayor, Governor Arne Carlson has issued a proclamation declaring Janu- ary 23 -30, 1993 as Minnesota Unity Week of Prayer. In observance of this week, there will be a prayer service Sunday, January 23, 1994. The service will be held at the Basilica of Saint Mary, Hennepin Avenue at 16th at 3:00 p.m. The public is invited to attend to honor and remember the 9841 Minnesotans still missing from World War II, Korea, and Vietnam. We are asking you, as Mayor of Brooklyn Center, to proclaim Janu- ary 23, 1994 as POW /MIA National Day of Prayer in Brooklyn Cen- ter at the January 10, 1993 Brooklyn Center City Council meeting. Members of our organization will be in attendance that evening. I am enclosing a copy of an earlier Governor's proclamation and the 1991 City of Minneapolis proclamation for your information. If I can be of any further assistance, please call 561 -3895 or 566 -1975. Sincerely, 4 r; e l 122s� GLt L'.2 Kathleen Pierce Publicity /POW /MIA National Day of Prayer MINNESOTA WON'T FORGET POW /MIA Valley Ridge Shopping Center 2107 Burnsville Parkway Burnsville, MN 55337 (612) 894 -1776 FAX (612) 890 -0017 Ai- MINNESOTA WONT FORGET POW /MIA Let It Be Known! MINNESOTA DAY OF PRAYER Sunday, January 23, 1994 is POW /MIA Minnesota Day of Prayer. Governor Arne Carlson proclaimed the week of January 23, 1994 - January 30, 1994 Minnesota Unity Week of Prayer. In observance of this week, and the anniversary of the signing of the Paris Peace Accord on January 27, 1973, which ended involvement in Vietnam, there will be a prayer service Sunday, January 23, 1994. The service will be held at the Basilica of St. Mary at 3:00 p.m. The Basilica is located on Hennepin Avenue and 16th St. in Minneapolis. We are also asking people to contact their churches requesting mention ot the Prayer Week in their newsletters, bulletins and at their church services. WE MUST NOT FORGET THE WWII 9677 KOREA 121 VIETNAM 43 MINNESOTANS MISSING IN ACTION Please remember them in your prayers and show you care by attending Guest Speaker - Gary Gullickson Vietnam Veteran Author of "Vietnam, Our Story, One on One" Sponsored by Minnesota Won't Forget and Minnesota League of Families David & Gloria Hoysler. Chairpersons MINNESOTA WON'T FORGET POW /MIA Valley Ridge Shopping Center 2107 Burnsville Parkway Burnsville, MN 55337 (612) 894 -1776 FAX (612) 890 -0017 �1b PROCLAMATION DECLARING JANUARY 23, 1994 AS POW /MIA NATIONAL DAY OF PRAYER WHEREAS, America's men and women have served their country heroically since the Revolutionary War; and WHEREAS, thousands of Americans have served in those wars, were captured by the enemy, or became Missing in Action; and WHEREAS, over 2,300 such men and women were left officially unaccounted for when the conflict in Southeast Asia ended, including 48 Minnesota men; and WHEREAS, additional servicemen remain unaccounted for from the Korean conflict and World War II; and WHEREAS, the citizens of Brooklyn Center fully understand and agree that the fullest possible accounting can only be achieved through government to government cooperation; and WHEREAS, the families of America's missing men continue to wait for word on the fate of their loved ones; and WHEREAS, Governor Arne Carlson has issued a proclamation declaring January 23 through 30, 1994, as Minnesota Unity Week of Prayer. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim January 23, 1994, as POW /MIA National Day of Prayer in the City of Brooklyn Center. Date Mayor Attest: Deputy Clerk CITY OF BROOKLYN CENTER Council Meeting Date 1 -10 -94 Agenda Item Number Z 12 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land DEPT. APPROVAL: RONALD A. WARREN, PLANNING AND ZONING SPECIALIST MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) • This ordinance amendment was first read on December 6, 1993, published in the City's official newspaper on December 15, 1993, and is offered for public hearing and adoption. This ordinance amendment was part of the approval process for the City initiated rezoning of three parcels of land located at the southeast quadrant of T.H. 252 and 66th Avenue North. The rezoning was from the current C -2 (Commerce) and R -5 (Multi - family Residence) zoning designations to C -1 (Service /Office) and was approved under Planning Commission Application No. 93015 (see City Council Resolution No. 93 -214). This is a housekeeping type ordinance amendment, which describes the land which has been rezoned to C -1. The ordinance amendment uses the legal description of the various properties which include 6550 and 6500 West River Road and 6525, 27, 29 North Willow Lane. With this rezoning the area bounded by 66th Avenue on the north, 65th Avenue on the south, Willow Lane on the west and the West River Road frontage road on the east will all be zoned C -1. RECOMMENDATION: It is recommended that the City Council, following a public hearing on this matter, approve this ordinance amendment. iaa, CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of January 1994, at 7:15 p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to Chapter 35 of the City Ordinances regarding the zoning classification of certain land. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1140. MULTIPLE FAMILY RESIDENCE DISTRICT (R5). The following properties are hereby established as being within the (R5) Multiple Family Residence District zoning classification: [Lot 1, Block 2, Farr's First Addition.] [That part of Lot 15, Auditor's Subdivision No. 310 lying east of a straight line extension of the west line of Lot 1, Block 2, Farr's First Addition, and west of Willow Lane.] [That part of Lots 5, 6, and 7, Block 1, Olson's Island View Terrace, described as follows: Commencing at the southeast corner of Lot 6, thence northerly to the southeast corner of the north 25 fee of Lot 7; thence west 100 feet; thence southwesterly to a point in the south line of Lot 5, distant 10 feet west from the southeast corner thereof; thence east to the point of beginning.] Section 35 -1170. SERVICE /OFFICE DISTRICT (Cl). The following properties are hereby established as being within the (Cl) Service /Office District zoning classification: Lots 1 and 2, Block 1. E and H Properties Addition Lot 1 Block 2 Farr's First Addition That part of Lot 15 Auditor's Subdivision No. 310 lying west of a line running from ORDINANCE NO. a point in the south line of Lot 16 distant 254.53 feet east from the southwest corner thereof to a point in the north line of Lot 16 distant 232 feet east from the northwest corner thereof: except street and highway. Section 35 -1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce District zoning classification: [That part of Lot 16, Auditor's Subdivision No. 310 lying west of a line running from a point in the south line of Lot 16 distant 284.53 feet east from the southwest corner thereof to a point in the north line of Lot 16 distant 232 feet east from the northwest corner thereof; except street and highway.] [That part of Lot 15, Auditor's Subdivision No. 310 lying west of a straight line extension of the west line of Lot 1, Block 2, Farr's First Addition; except highway.] [That part of Lots 4, 5, 6, and 7, Block 1, Olson's Island View Terrace described as follows: Commencing at the southwest corner of Lot 5, thence northerly to the southwest corner of the north 25 feet of Lot 4; thence east to a point 100 feet west from the southeast corner of the north 25 feet of Lot 7; thence southwesterly to a point in the south line of Lot 5 distant 10 feet west from the southeast corner thereof; west to the point of beginning; except highway.] Section 2. This Ordinance shall become effective upon adoption and thirty (30) days following its legal publication. Adopted this day of 19 Mayor Todd Paulson ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Council Meeting Date 01/1 Agenda Item Number ` qb REQUEST FOR COUNCIL CONSIDERATION i ITEM DESCRIPTION: AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT IN TRACT E, REGISTERED LAND SURVEY NO.546 (ADOPTION) DEPT. APPROVAL: 9 Sy app, erector of Public Works MANAGER'S REVIEW /RECOMMENDATION: . = *�` No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes On 9- 14 -92, the City Council approved site and building addition plans for Omni • Tool, located at 3500 - 48th Avenue North. A condition of this approval was that the existing easement was to be vacated and a new easement would be dedicated to cover the relocated utilities. On 11 -08 -93 the City Council ordered a public hearing to be held on 12- 06 -93. The private utility companies providing service to the area have reviewed this request and no objections to the proposed vacation have been received. On 12/06/93 the City Council held the public hearing, conducted the second reading and tabled consideration of adoption until the applicant conveyed the required documents. RECOMMENDED CITY COUNCIL ACTION The required documents have been received and adoption of the ordinance is in order. r is b CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 6th day of December 1993 at 7:15 P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating A Drainage and Utility Easement in Tract E, Registered Land Survey No. 546. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT IN TRACT E REGISTERED LAND SURVEY NO. 546 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The drainage and utility easement over that portion of Tract E. Registered Land Survey No 546 which lies south of the westerly extension of the south line of Tract F Registered Land Survey No 1023 is hereby vacated. Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of Mayor, Todd Paulson ATTEST: Deputy Clerk Date of Publication Effective Date L HlIN31 {(I1 '3AY NLIN32 iY, �� 'N '31V UOWV s '3AV llpg81? YhS�p + 3AV I Cdv3a j o Q 0-01 4 LLI— �--'"' � 9NII13 ti 'N • 3AV IA3Up ZZ -�7-� O ay 0330 I .• dS; Z` � . > � � W.111� -�� ��J��11.IJ111u ll�L�� - 1 -- < r 'N '3AY 9NL13 LL11�'" i @ � A � A � ♦ + r� 'ld lYH N•IY � L�Q 'N V 3JNW3 � � "-i-- O v MFAT VIEII AVM IIDE rL ld XV�d a �' , . z ` NAL A A I I ANA AVE. NW z / N 3AY� •� ea 1NDIiNA AY t N 31Y 3tW 4 3 )Yds X X LLll11L -1 �c 3AY WPM -AKE AVE. "Y � - _ -- -- -- -- - -- W -- -�- C'� o w L- - w 1� .e w `m w w r: _qmu ue < Y`P `PYT Tw YeP�un «<�4u.�Yu m u VV <v� mu <U Yu <m «..pi,vr•- •- _^•- ^_^•^•n r.. •n: Win.•. r•••• -- le° am<w4uw��m�^�rw�www°r��w°e iR4RY 4 w __--_n P�Pw`rw4'. 4 � - „ M nNti - MM nMMn•r- •onMOMeor+N�+.oro ^gin - = ui GO w W A � 7 6 X � w 11 ,,''µ7 1yly ° g ��u�cSti lXh W 6�Tlyg �S'�C> � o d ��4 - �Ol YuuL 3337 ti 7s 30. S OO 21 lS ,,. RR ADpa �p 4810 , 9 (39) • 41 EASEMENT TO BE VACATED �' 13 '47•w 188. a7 S77• 13'47. 6 DOC. # 613058 VOL. 1440 PG. 434812 356.02 7* 13'57'W 164. 98t' 93'5r E 120 120 C 8 W V /L C A O 4821 ( (16) (17) 8 ( 16) N E Z 3420 3410 60wj- . 34 S87' 13 Sr• E 294. 17 210.56 120 120 DOC NO 653662 ---- 570.56 •• -••• -- n 702 N87 (FILED 3 8-63) I ~:•24.97 -- ......... SD8.41 - --•- -- 100 aO 80 DOC NO 653884 SOT'13'STE 606.25 •-- - - - -•- �p ' 60.4 175 120 120 3625 3615 3607 3601 3515 3501 3415 N � N N (11) ti (12) (13) u (14) u 100 90 100 175 S87 WE 120 120 ( a 3 S o3 � (35) `' (36) .s (37) 130 5 .:•- 47TH AVE N °` 5 0< 6 « 7 I , 1 - - - - -1 CITY OF BROOKLYN CENTER Council Meeting Date 01/10/94 �t Agenda Item Number V REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT IN LOT 1, BLOCK 6, WANGSTAD'S BROOKLYN TERRACE (PUBLIC HEARING AND SECOND READING) DEPT. APPROVAL: pp, 4Xrector of Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes On November 9, 1993, the City Council approved site and building plans for Brookdale C • hrysler Plymouth located at 6121 Brooklyn Boulevard. The proposed southerly expansion of the building requires replatting and vacation of the drainage and utility easement previously dedicated in the plat of WANGSTAD'S BROOKLYN TERRACE along the north lot line of Lot 1, Block 6. A condition of the above referenced site & building plan approval was that the applicant would request the City to vacate the existing easement. On 12/20/93 the City Council ordered a public hearing to be held on 01/01/94. The private utility companies providing service to the area have reviewed this request and no objections to the proposed vacation have been received. RECOMMENDED CITY COUNCIL ACTION This ordinance was first read on 12/20/93, published in the City's official newspaper on December 29, 1993, and is offered this evening for a second reading and public hearing. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of January , 1994 at 7:15 P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating A Drainage and Utility Easement in Lot 1, Block 6, Wangstad's Brooklyn Terrace. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT IN LOT 1, BLOCK 6, WANGSTAD'S BROOKLYN TERRACE. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The drainage and utility easement over that portion of Lot 1 Block 6 WANGSTAD'S BROOKLYN TERRACE which lies 5 feet southerly of and parallel to the northerly line of said lot is hereby vacated. Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. 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WENNEP.IN COUNTY, MINNESOTA EASEMEN TO BE VACATED ed West) a A 6\ •334.0 ..... - - -- 100 n K c M J s v .26 80.3 0 ) .0 i .. 292.3 _ - • 443. 0 3 Z= l5 50 5E. corilC/ 0 20f 23 Auo Sa1�N - °25 ( ,•.tip b`�� 30 10 30 30 12°x.05 r` 5 � 4 °1.15 11 l SCALE: .9 L- 0 C, Y' � I `V 9tJ i M.11 i 1 _ i 1 14 1 S` W Vj o h 130 30 .3p _ _ -141-05 _ �� 5 _ _ _ _ 2/7 97 S — 3912 {. V l hereby cer�i�Y that 1 have surveyed and p12> 8 }heproper4Y described on 4hi5 play a5 WANGSTAD'S W OOKI-YN T= R�acE this plat i5 acorrecl represen�a� ion o�5aid survey; �ha} all d�5'�ance5 are correc�Iy Shown on the pla} in f eel and 8ecirn2l5 Of a 100� monumen�6 for + iui8 Gnce Of f ulure surYeYS h9ve been placed to the �rouno 95 sh own on the pia�,'i1;a� the ou }5i�e boun�a l ines are c deSi�n on the play �ha� the �opo�rg�hY o��he land 15 rnrron �•I.r G`,n.i.-+. r.. -•i +hn n�n +. nn��l.,*} 1',ni•n nr.n .-,,, ., "�� In. -,�� _.•... -I_1�„ �_ _ _ 5 1- . CITY OF BROOKLYN CENTER Council Meeting Date January 10, 199 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING ALARM SYSTEMS DEPT. APPROVAL: Trevor A. Hampton, Chief of Poli MANAGER'S REVIEW/RECOMAUNDATION: � U No comments to supplement this report Comments below /attached SUNPVIARY EXPLANATION: (supplemental sheets attached no) 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. RECOMMENDED CITY COUNCIL ACTION- The City Council approve an ordinance amending Chapter 23 of the City Ordinances regarding Alarm Systems. i Ad CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the loth day of January , 19 94 at 7: 15 p .m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to Chapter 23 of the City Ordinances regarding alarm systems. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING ALARM SYSTEMS. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: ALARM SYSTEMS Section 23 -2000. STATEMENT OF POLICY. The City Council of the City of Brooklyn Center deems it necessary to provide for the special and express regulation of alarm systems which are designed to signal the presence of a hazard requiring urgent attention and to which public safety personnel are expected to respond in order to protect the public health, safety and welfare. The City Council finds that the regulation of alarm systems is necessary in order to reduce the increasing frequency of false alarms in Brooklyn Center. The great number and increasing frequency of these false alarms requires intensive, time - consuming efforts by the Police Department and thereby distracts from and reduces the level of services available to the rest of the community. This diminishes the ability of the City to promote the general health, welfare and safety of the community. In consideration for the necessity on the part of the City to provide numerous law enforcement services to all segments of the community, without an undue concentration of public services in one area to work to the detriment of members of the general public, it is hereby decided that the alarm systems shall be regulated through the permit process described below. Section 23 -2001. DEFINITIONS. As used herein, unless otherwise indicated, the following terms are defined as follows: 1. "Alarm System" shall mean an assembly of equipment and devices (or a single device such as a solid state unit) arranged to signal the presence of a hazard. For the purposes of this ordinance, the alarm, when triggered, must either be directly connected to the police and /or fire station or may signal a central monitoring agency which then notifies the Police and /or Fire Departments of an emergency to which public safety personnel must respond, or may emit an audible signal which will require urgent attention and to which the public safety personnel are expected to respond. Alarm System does not include audible alarms affixed to automobile . 2. "Alarm User" shall mean the person, firm, partnership, association, corporation, company or organization of any kind including government entities on whose premises an alarm system is maintained. "Alarm User" shall include persons occupying dwelling units for residential purposes. "Alarm User" shall not include persons maintaining alarm systems in automobiles. 3. "False Alarms" shall mean the activation of an alarm system through mechanical failure, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or of his employees or agents. It does not include activation of the alarm by utility company power outages or by acts of God. 4. "Person" shall mean any individual, partnership, corporation, association, cooperative or other entity. 5. "Calendar Year" shall mean the period January 1 through December 31 of each year. Section 23 -2003. PERMITS AND EXEMPTIONS. 1. Permits. Effective January 1, 1982 every alarm user who, during the course of a calendar year, incurs more than four (4) false police alarms, or more than one (1) false fire alarm shall be required to obtain an alarm user permit. 2. Review of Permit. The Chief of Police or the Chiefs designee., shall review the issuance of all police alarm permits. The Chief of Police or the Chief's designee , in consultation with the Fire Chief, shall review the issuance of all fire alarm permits. 3. Process for Issuance of Permit. Upon receipt and determination of the fifth false police alarm report or the second false fire alarm report at an address, the Chief of Police or the Chief's designee , after review, W netify the City Glefk shall then assess the alarm user for an alarm user's permit. The assessffient itiveiee shall be sent by eeftifi a ' . The alarm user must submit the required permit fee to the City Glefk Police Chief within thirty (30) working days after receipt of the assessment invoice, in order to continue to use leis- the user's alarm system. Any subsequent false police or fire alarm at that address shall automatically revoke that permit and the process must then be repeated. This process shall be repeated for each and every false alarm in excess of four (4) false police alarms and in excess of one (1) false fire alarm during each calendar year. 4. Duration of Permit. All permits, unless otherwise revoked, will expire at the end of each calendar year. 5 Section 23 -2004. REQUIREMENTS AND DUTIES. 1. False Alaffn Repe Letter of Contestation . The Chief ef PeRee fnay—,ak- his °Peliee . N After the Chief of Police or the Chief's designee, determines that a false alarm has occurred at an address, the alarm user at that address may submit a wfittex –rep letter of contestation to the Chief of Police to explain the cause of the alarm activation. If the Chief of Police determines that the alarm was caused by conditions beyond the control of the alarm user, the alarm will not be counted as a false alarm at that address. 2. "False Alarms" will be excused if they are the result of an effort or order to upgrade, install, test, or maintain an alarm system and if the Police Department is given notice in advance of said upgrade, installation, test and maintenance. Section 23 -2005. PROHIBITIONS. 1. "Alarm Systems Utilizing Taping or Prerecorded Messages." No person shall install, monitor, or use and possess an operative alarm which utilizes taped or prerecorded messages which deliver a telephone alarm message to the Police or Fire Department. Section 23 -2006. PERMIT. 1. The fees for alarm user's permits shall be as set forth by City Council resolution for police alarm systems and for fire alarm systems. 2. Alarm user's permits shall expire on the last day of each calendar year. Alarm user's permits shall not be required in the next calendar year until there are more than four (4) false police alarms or one (1) false fire alarm reported at the alarm user's address during the next calendar year. 3. The Uiiited States > State ef Minfieseta, Getinty of Hentiepift—, Section 23 -2007. REVOCATION AND SUSPENSION OF PERMIT. 1. Basis for Revocation or Suspension. In addition to the automatic revocation process described in Section 23 -2003, The Chief of Police may suspend or revoke any alarm user's permit issued pursuant to this ordinance if the Chief of Police finds that any of the following occur: a. That any provision or condition of this ordinance has been violated by an alarm user or his- the user's agents: b. That an alarm system has actuated an excess number of false alarms; C. That the alarm user has knowingly made false statements in-ef- usef' peffflit a letter of contestation d. That the alarm user has failed to correct or remove, within a reasonable period, violations of this ordinance after receipt of notice to do so; , health, safety ef we lfaf e. All alleged violations defined above shall be investigated by the Police Department. The alarm user shall be given notice of the proposed revocation or suspension and be provided an opportunity to informally present evidence to the Chief of Police prior to the final decision on revocation or suspension. Anyone aggrieved by the decision of the Chief of Police may appeal that decision to the City Council. Section 23 -2009. CRIMINAL PENALTIES. 1. Any alarm user, who continues to use an alarm system after receiving notice of revocation or suspension by the Chief of Police, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than seven hundred dollars ($700) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. 2. Any person required by this ordinance to obtain an alarm user's permit who knowingly fails to do so shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than seven hundred dollars ($700) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Section 23 -2010 SEPARABILITY. Every section, provision, or part of this ordinance is declared separable from every other section, provision or part; and if any section, provision or part of any ordinance shall be held invalid, it shall not affect any other section, provision or part thereof. Section 2. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 19 Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Strike -outs indicate matter to be deleted, underline indicates new matter). CITY OF BROOKLYN CENTER Council Meeting Date January 10, 1994 Agenda Item Number la REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES REGARDING PERSONNEL ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Geralyn . Barone, Assistant City Manager /Personnel Coordinator MANAGERS REVIEW/RECONEMENDATION: M �� No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • At its December 20, 1993, meeting, the city council approved changes to the sick leave accrual policies in the City's two agreements with the public works and police bargaining units. These changes have been incorporated into Chapter 17 of the City ordinances regarding personnel. This provides the same benefit to the City's nonorganized personnel. RECOMMENDED CITY COUNCIL ACTION Approve for a first reading and schedule a second reading and public hearing for An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of J , 19 , at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 17 of the City Ordinances regarding personnel. 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 17 OF THE CITY ORDINANCES REGARDING PERSONNEL THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 17 of the City Ordinances of the City of Brooklyn Center is hereby amended to read as follows: Section 17 -112. SICK LEAVE. 3. Accrual. Sick leave shall accrue at the rate of eight (8) hours per month until 960 hours have been accumulated [and at the rate of four hours per month after 960 hours have been accumulated]. After 960 hours have been accumulated sick leave shall accrue at the rate of four hours per month, and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two hours per month Section 2. This ordinance shall be effective after adoption and upon thirty (30) 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 January 110, 1994 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: DISCUSSION ITEM: 1994 PAY PLAN DEPT. APPROVAL: Geralyn . Barone, Personnel Coordinator MANAGER'S REVIEW/RECONEWENDATION: No comments to supplement this report Comment ow /attached SUNEWARY EXPLANATION: (supplemental sheets attached ) At its December 20, 1993, meeting, the city council approved the 1994 pay plan. However, there • were two items left unresolved, and the city council is being asked to make a decision on how to handle these. 1. Police Chief Trevor Hampton's 1993 salary was $65,000. This salary level was in the merit range, which required city council authorization. The 1994 pay plan included a 2.8 percent increase for Chief Hampton, which would also require city council authorization before it becomes effective. The council pulled this item from inclusion with the rest of the 1994 pay plan and it needs to be discussed as to whether or not to leave Chief Hampton's pay rate at the 1993 level or amend it to a different one. 2. Part of the 1994 pay plan is an agreement with City Manager Jerry Splinter which sets his salary and benefits. Mr. Splinter did not take a pay increase in 1993, and the proposed 1994 rate is within the regular pay range (and not in the merit range). RECOMMENDED CITY COUNCIL ACTION: Discuss and make a decision on Police Chief Trevor Hampton's 1994 pay rate and City Manager Jerry Splinter's agreement including his 1994 salary rate and benefits. 0 CITY OF BROOKLYN CENTER Council Meeting Date 01/10/94 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: ANNUAL REPORT FROM ADMINISTRATIVE TRAFFIC COMMITTEE DEPT. APPROVAL: r Sy app, birector of Public Works MANAGERS REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes The City's Administrative Traffic Committee meets monthly o discuss requests and y q complaints from the public and from City staff regarding traffic safety. This Committee is composed of the City Manager, Director of Public Works, and Chief of Police. The Committee's 1993 activity is summarized in the attached report. The Traffic Committee was established in 1981. There are three primary advantages to the makeup of the Committee and the process it follows: first, it reduces the burden of work on Council members; second, it results in faster decisions by eliminating steps; and third, it promotes coordination and communication among City staff. As the annual report indicates, the bulk of the requests or complaints made relate to sight distance problems at corners or are requests for miscellaneous signs or requests for road or right -of -way improvements. Most of these requests or complaints, if they were to be considered by the Council, would simply be referred to staff for resolution or recommendation. The Traffic Committee eliminates this referral step by immediately acting upon the requests or complaints, making recommendations to the Council where necessary. This process reduces the number of cases which the Council need consider, and increases responsiveness. Lastly, the monthly meetings of the Committee promote cooperation and communication between the affected departments, and facilitate the sharing of information. Decisions are made on the basis of input from all parties. The meetings also serve as a forum for the discussion of related items and for the sharing of ideas. • RECOMMENDED CITY COUNCIL ACTION A report is provided for review and comment. CITY 6301 SHINGLE CREEK PARKWAY :1 OF BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 CENTER Fax: 569 -3494 EMERGENCY - POLICE - FIRE 911 MEMORANDUM TO: Gerald G. Splinter, City Manager Sy Knapp, Director of Public Works Trevor Hampton, Chief of Police FROM: Diane Spector, Public Works Coordinator Administrative Traffic Committee Coordinator DATE: January 7, 1994 SUBJ: Report of 1993 Committee Activity The Administrative Traffic Committee met monthly in 1993 to consider traffic- related requests and complaints and other related business. The 46 requests and complaints considered were received from Brooklyn Center residents, persons who work in the City, the Brooklyn Center Police Department, and other City staff. Major items approved by the Committee this past year included: ■ Clear View Triangle: In 1993 the Committee began more vigorous enforcement of the Clear View Triangle ordinance, which was clarified and strengthened by the Council early in the year. At this point, the ordinance is enforced only when a complaint is received from the public. In general, property owners have been very cooperative, and have made Clear View Triangle improvements on a timely basis. Improvements have been made in 23 locations. About 20 additional complaints have been received, and will be enforced in Spring, 1994. ■ Speed Humps: The Committee also brought to the Council for its approval experimental installation of speed humps on Unity Avenue north of 69th Avenue. Residents on Unity Avenue have for many years complained about speeding traffic on this curved street. Traffic speed will be closely monitored over the next year to determine if this improvement effectively reduces speed. ■ Load Limits: The ATC recommended and the Council approved load limits on Penn Avenue from 53rd to 55th and 55th from Penn to Logan Avenues. This was in response to , ui wvaca nn neighborhood complaints that large trucks from the industrial area in Minneapolis to the south were driving through the neighborhood. Summary of Requests /Complaints and Their Resolution Table 1 summarizes the types of requests or complaints considered by the City, and their resolution. The Committee considered 46 "cases" in 1993, compared to 38 "cases" in 1992, and 27 in 1991. However, each "case" may have included more than one request of complaint, so that the total shown on Table 1 may be greater than the number of "cases". The largest category of requests or complaints in 1993 was regarding the sight distance at intersections. Another item often requested is installation of stop signs on neighborhood streets. To justify installation of a stop sign, an intersection must meet specific requirements called warrants. These include accident history, volume of traffic, and traffic speed. When a request for a stop sign is made, the Police Department conducts radar surveys, and Engineering compiles an accident survey and traffic counts. This information is evaluated in light of the warrants. None of the requests for stop signs met these warrants. However, in most cases the ATC responded to the request by increasing enforcement where necessary, or by suggesting other solutions. In all cases, the person making the request receives copies of the radar surveys, etc. used to make the decision. Other types of signs often requested are no parking, speed limit, yield, and children at play signs. The Committee did approve a dead end sign, and the load limit signs described above. Other Discussion Items Requests by the Police Department for upgraded street lighting on various major streets were reviewed and several new street lights approved. The Committee was requested to review and provide input to complaints of traffic near ballfields. Finally, the monthly meetings have served as a forum for sharing related information. ... -- R pectfu� submitted, is Diane Spector Administrative Traffic Coordinator Attachment TABLE 1 1993 ADMINISTRATIVE TRAFFIC COMMITTEE DECISIONS Denied But Alternate Approved Action Taken Denied Pending Request for Stop Sign 0 3 2 0 Request for No Parking Sign 0 1 1 0 Request for Disability Sign 0 0 1 1 Request for Other Sign 2 0 4 0 Request for Road or ROW 1 0 3 0 Improvements Other Requests /Complaints 2 1 2 0 Sight Distance - Clear View 23 0 0 2 Total 29 5 13 3 NOTE: The total may be greater than the number of "cases," because a case may have more than one request /complaint. CITY OF BROOKLYN CENTER Council Meeting Date /O 9 Agenda Item Number 3 e_ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CAPITAL IMPROVEMENTS FUND EXPENDITURE POLICY DEPT. APPROVAL: c H 0-�i Charles Hansen, Finance Director MANAGER'S REVIEW/RECOM\ E TION: No comments to supplement this report Comments below /attached ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) Last year, the City Council asked the Financial Commission to develop a policy to guide the approval of projects to be paid for by the Capital Improvements Fund. The General Fund and the Capital Improvements Fund had been the only two city funds without restrictions on how their resources could be spent. The Financial Management Policies adopted on June 8, 1992 provided such guidance for the General Fund. Since then, the Commission and staff have worked through several drafts of a policy and extensively debated the various issues. We feel the resulting draft policy provides guidance on expenditures without unduly preventing the City Council from being able to act in the City's best interest. This policy was first presented to the City Council at the meeting of November 8, 1993. The City Council wanted to have more time to consider its implications and so it was held over to a future meeting. The City Manager suggested that the Council keep the policy in mind as it went through the 1994 budget cycle. With the budget complete, the policy is being brought back for consideration. RECOMMENDED CITY COUNCIL ACTION The Financial Commission recommends the attached Capital Improvements Fund Expenditure Policy for consideration and adoption as a City Council • Policy. i CITY OF BROOKLYN CENTER CAPITAL IMPROVEMENTS FUND EXPENDITURE POLICY POLICY OBJECTIVE The City of Brooklyn Center makes unrestricted capital expenditures through one of two funds. Generally, small capital expenditures are funded through the general fund and planned for as part of the annual budgeted process for the general fund. Large unrestricted capital expenditures are funded through the capital improvements fund based on resolution 68 -246, which was approved in 1968. Capital expenditures are also made through other funds such as the M.S.A. construction fund, the special assessment construction fund, the water fund, the sanitary sewer fund, and the storm drainage fund. These funds each have restrictions in place to guide their expenditures. The objective of this policy is to clarify funding for all unrestricted capital expenditures by specifically defining which capital expenditures are eligible for funding through the capital improvements fund. Unrestricted capital expenditures not meeting the criteria for the capital improvements fund must be made from the general fund operating budget. Specifically excluded from this policy are capital expenditures that are to be reimbursed by insurance proceeds. These may be accounted for through the capital improvements fund at the discretion of the Director of Finance. SOURCE OF FUNDS The sources are ad- valorem taxes, issuance of bonds, state and federal grants, transfers of unrestricted balances from other funds and investment earnings. USE OF FUNDS The following defines general expenditure criteria for the utilization of the capital improvements fund balance. A.) Major: Any capital expenditure that exceeds $25,000. Capital expenditures of less than $25,000 are to be made through the general fund operating budget. B.) Permanent: Any capital expenditure that has an estimated useful life of 10 years or longer. C.) Facility: Buildings, improvements to real estate, the acquisition of land for city purposes. This definition excludes the acquisition of land for development or resale and excludes vehicles. Additionally, the capital improvements fund may be used to provide loans to other funds maintained by the City. However, loans from the capital improvement fund may only be made to proprietary funds which have the ability to generate revenue and repay the loan within 10 years at prevailing interest rates. AUTHORITY TO SPEND Expenditures meeting the above criteria may be funded through the capital improvements fund based on the following authority limits: A.) Expenditures from $0 to $25,000: Not eligible for funding from the capital improvements fund. Funding is required through the general fund operating budget. B.) Expenditures from $25,001 to $200,000: The City Council may, through simple majority, approve these expenditures. C.) Expenditures over $200,000: Following a public hearing, City Council may, through a 4 /5th's majority, approve expenditures in this category. SPENDING LIMITATION /FUND BALANCE REQUIREMENT The objective as described above and previously defined in Resolution 68 -246 requires the capital improvements fund to be a permanent source of funding for planned major expenditures. As such, the following criteria is established to comply with that intent: A.) Planned Expenditures: If the proposed capital expenditure is in excess of $200,000 it must have been included in the five year capital improvements plan for at least two years. Additionally, the five year capital improvements plan must be approved by the City Council at a public hearing on an annual basis. B.) Fund Balance Requirements: A minimum fund balance shall be maintained with a beginning balance of $3,000,000 as of January 1, 1993 and increased by the Consumer Price Index each year thereafter. POLICY AMENDMENT Amendments to this policy require a 4 /5th s majority by City Council vote. ROLE OF THE FINANCE COMMISSION 0 If a review of an expenditure is requested b the City ouncil from the Finance Commission P q Y Y the Finance Commission will respond on the basis of the following questions: A) Does the expenditure comply with the Capital Improvements Fund Expenditure Policy? B.) Is the expenditure appropriate considering the financial condition of the City? Y • CITY OF BROOKLYN CENTER Council Meeting Dat.YL q Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Policy and Procedure on Mayor and Council Member Total Compensation DEPT. APPROVAL: ckd.lz.�'.a. awn asz�t Charles Hansen, Finance Director MANAGER'S REVIEW/RECO TION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) The City Council asked the Financial Commission to develop a policy to guide the process of setting of the Council's future compensation. Two primary principles were incorporated into the policy. First was the Council's desire to have another body review increases for the sake of objectivity. And second was the requirement of state law that any increases not become effective until after the Council has faced a general election. The Financial Commission concluded its work on this issue at its meeting of November 16, 1993 and recommends the attached policy. RECOMMENDED CITY COUNCIL ACTION Review and discuss the attached policy for consideration and adoption as a City Council Policy. i POLICY AND PROCEDURE ON MAYOR AND COUNCIL MEMBER TOTAL COMPENSATION I. NEED FOR POLICY: The community is entitled to a clearly articulated, written description of the policy and procedure for establishing the total compensation of local elected officials. II. POLICY: 1. Service on the City Council is a civic obligation and an honor. The total compensation of the Mayor and Council Members should, therefore, not encourage candidacies based on monetary rather than public service objectives. However, the compensation of Brooklyn Center elected officials shall be fair and equitable in order to attract qualified candidates for local elective office. 2. The propriety of the compensation levels of the Mayor and Council Members shall be evaluated through comparisons with compensation paid to similar officials within the seven county metropolitan area. 3. The compensation levels of elected officials should be regularly reviewed and adjusted to ensure compliance with the objectives of this policy and to avoid the need for drastic or sudden compensation adjustments. 4. Compensation set pursuant to this policy and procedure shall be deemed to be the total compensation for elected officials of the city with the exception of expense reimbursement which shall be the same as provided all other city employees. III. PROCEDURE: 1. The City Manager shall biennially conduct a survey of compensation paid to elected officials of comparably sized municipalities with similarly sized budgets and tax bases in the seven county metropolitan area. Surveys prepared by the Association of Metropolitan Municipalities or the League of Minnesota Cities may be utilized in lieu of the City Manager's survey. 2. The City Manager shall biennially prepare a compensation report that contains an analysis of the survey information. The report shall compute the average amounts paid to Mayors and Council Members and correlate survey results to the current compensation of Brooklyn Center elected City officials. 3. The City Manager shall submit the compensation report to the City Council and the Financial Commission prior to June 1, for information pertaining to the applicable calendar year. 4. The Financial Commission shall biennially review the City Manager's compensation report and discuss possible budgetary and public perception impacts of the indicated changes. Prior to July 1, of the same year, the Commission shall recommend to the City Council that the compensation of the Mayor and Council Members either remain the same or be changed to some specific amount in the manner prescribed by law. 5. Consistent with the City Charter, Section 2.07, the Mayor and Council Members may, after conducting public hearings, set their compensation by ordinance. No change in compensation shall be in effect until January 1, following the next succeeding general election. IV. AUTHORITY: The authority for establishing compensation for the Mayor and Council Members is found in Minnesota Statutes 415.11 and the City of Brooklyn Center Charter, Section 2.07. CITY OF BROOKLYN CENTER Council Meeting Date / 1n0/94 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS DEPT. APPROVAL: Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECOABIENDATION: No comments to supplement this report Comments below /attached SUN MARY EXPLANATION: (supplemental sheets attached ) On June 22, 1992, Resolution No. 92 -149 was adopted by the City Council. The resolution directs the City Manager to place it for readoption on the agenda for the first meeting of the City Council each January as information and reminder of Council /Manager responsibilities. RECOMMENDED CITY COUNCIL ACTION PASS A RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS • l�la Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council /Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commission other than advisory boards and commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and WHEREAS, the Charter provides for four Council members and a Mayor, all elected at large, with the Mayor entitled to a single vote as other Council members and who in addition serves as presiding officer of the Council and as official head of the City for ceremonial purposes; and WHEREAS, the Charter provides that "the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City; and WHEREAS, the Charter provides that "the Council and the City Manager, or either of them, and any officer formally authorized by them, or either of them, shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books and papers "; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this Charter; and WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City . Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to police its own conduct and to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and RESOLUTION NO. WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council: 1. To rededicate itself to the spirit and letter of the City Charter, and to call to account any of its members who ignore the spirit and letter of the City Charter. 2. To rededicate itself to the checks and balances of the City Charter that keep City government accountable and to reaffirm its commitment to the first amendment rights of the U.S. Constitution. 3. To employees pledge that no suffer recriminations abuse or humiliation for acting in a forthright, proper, honest, and candid manner in performing their responsibilities. 4. To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner. Any City officials or employees, elected or appointed, who engage in conflict of interest or who use their positions in a self - serving manner, having the effect of promoting their own financial interest or the financial interest of a friend, associate, business employer, or relative instead of the public interest, shall be subject to censure by the City Council. S. To direct the City Manager to place this resolution for readoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council /Manager responsibilities. 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 /10/94 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DESIGNATING OFFICIAL NEWSPAPER DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOMMENDATION: iI No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circulation in the City as its official newspaper. The attached resolution designates the Brooklyn Center Sun -Post as the official newspaper for the City of Brooklyn Center for the year 1994. RECOMMENDED CITY COUNCIL ACTION Approve Resolution Designating Official Newspaper. /qb Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter and Minn. Stat. 412.831 requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun -Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun -Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun -Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 1994. 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. .�', 11_ 4116111g.' AC MINNESOTA SUN PUBLICATIONS Sun-Current Sun•Post Sun•Sailor December 29, 1993 City Council , City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Council Members: Please consider the Sun -Post as the city of Brooklyn Center's official newspaper for the year 1994 at your January organizational meeting. The rate structure for legals effective January 1, 1994 will be: 1 column width: .$0.79 per line first insertion ($8.69 per inch) $0.44 per line subsequent insertions ($4.84 per inch) 2 column width: $1.54 per line - first insertion ($16.94 per inch) $0.89 er line'- subsequent insertions $9.79 per inch P q ( P ) Notarized affidavits on each of your publications will be provided. Minnesota Sun Publications will accept legal notices on diskettes. Your IBM or compatible personal computer makes it easy for you to submit legal notices produced with WordPerfect, Wordstar or MS Word word- processing programs. Files saved in ASCII are also acceptable. As this represents as cost- effective and efficient method for us to produce the copy for publication, we will offer a 15% rate discount on all notices submitted on diskettes. We recommend that other municipal departments coordinate their legal notice publishing needs with the city clerk's office as well. All legal ads should be sent to our Bloomington office by Thursday noon preceding our Wednesday publications. In order to expedite our service to you, please direct your legals to the attention of Meridel Hedblom, Minnesota Sun Publications, 7831 East Bush Lake Road, Bloomington, MN 55439. For your convenience our, fax number is 896 -4754. Thank you for considering the Sun -Post as your official newspaper for the ensuing year. We are honored and pleased to serve you and look forward to a mutually beneficial working relationship with the city of Brooklyn Center. Sin erely, Donald W. Thurlow lblisher Bloomington Office: 7831 East Bush Lake Road Bloomington, MN 55439 Ph: (612) 896 -4700 CITY OF BROOKLYN CENTER Council Meeting Date 1/10194 Agenda Item Number C' REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ULYSSESS BOYD FOR HIS DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SU EM[ARY EXPLANATION: (supplemental sheets attached ) 0 On December 31, 1993, Ulyssess Boyd's term expired on the Brooklyn Center Financial Commission. RECOMMENDED CITY COUNCIL ACTION Pass a Resolution Expressing Recognition and Appreciation of Ulyssess Boyd for His Dedicated Public Service on the Financial Commission. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ULYSSESS BOYD FOR HIS DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION WHEREAS, Ulyssess Boyd first served on the Brooklyn Center Financial Task Force from April 22, 1991, to June 9, 1992; and WHEREAS, on June 9, 1992, the Brooklyn Center City Council transformed the Financial Task Force into the Financial Commission, and Ulyssess Boyd served on the Financial Commission from July 13, 1992, 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 Financial Commission; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW THEREFORE BE IT RESOLVED by Y the City Council of the City of Brooklyn Center that the dedicated public service of Ulyssess Boyd 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 1/10/94 Agenda Item Number /'T x/ d REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIP'T'ION: RESOLUTION ESTABLISHING STANDARDS OF CONDUCT AT PUBLIC MEETINGS 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 ) • Councilmember Dave Rosene has asked City staff to prepare a resolution regarding STANDARDS OF CONDUCT for public meetings. Attached is a draft resolution establishing standards of conduct. City Attorney Charlie LeFevere has reviewed this draft resolution, and attached is a copy of his letter of recommendations. If this resolution is passed by the City Council, Councilmember Rosene would like to have a sign or plaque outlining these STANDARDS OF CONDUCT to be placed at the entrance to the Council Chambers before each meeting to remind members of the audience of these standards. RECOMMENDED CITY COUNCIL ACTION Review and discuss a Resolution Establishing Standards of Conduct at Public Meetings. • /yd Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING STANDARDS OF CONDUCT AT PUBLIC MEETINGS WHEREAS, the City Council of the City of Brooklyn Center desires to establish standards of conduct at public meetings; and WHEREAS, the City Council has established that business at public meetings shall be conducted pursuant to the norms of acceptable and courteous business behavior; and WHEREAS, in certain cases, persons testifying before the City Council have transgressed the boundaries of acceptable and courteous behavior; and WHEREAS, the public, City staff, and City Council would benefit from having such norms clearly defined along with procedures for dealing with such transgressions, and WHEREAS, the City Council desires to hear good -faith testimony regarding any matter of its business from any person who wishes to share such testimony; and WHEREAS, in certain cases members of the public have believed themselves to be victims of retribution from City officials for remarks made at meetings of the City Council; and WHEREAS, all speakers have the privilege of appropriately addressing the City Council, free from intimidation from other members of the audience; and WHEREAS, conduct which is deemed appropriate for meetings of the City Council is also considered necessary for any public meeting of an official City body. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following STANDARDS OF CONDUCT, along with their accompanying procedures for enforcement, are hereby established for public meetings of all City bodies: 1. Members of the audience will refrain from disruptive actions such as hand clapping, stamping of feet, whistling, cheering, yelling, or similar demonstrations, which conduct disturbs the peace and good order of the meeting and which conduct might have an intimidating effect upon members of opposing viewpoints; 2. Persons addressing the City shall refrain from slurs against race, creed, color, religion, national RESOLUTION NO. origin, gender, sexual or affectional orientation, marital status, familial status, age, disability, or status with regard to public assistance; 3. Profanity, slander, false statements, violence, or the threat of violence in any form shall not be tolerated. BE IT FURTHER RESOLVED that: 1. Violations of these STANDARDS shall be determined by the opinion of the chair of the meeting or, absent such opinion, by the opinion of the majority of the members of the deliberating body. 2. Any person violating these standards shall be called to order by the chair of the meeting. If such conduct continues, said person may, at the discretion of the chair, lose the floor. With the exception of City Council members at City Council meetings, said person may be denied further audience before the City for that meeting. 3. If said person refuses to come to order and obey the directives of the chair of the meeting, the chair may request that said person by physically removed from the building, either by a sergeant -at -arms or by a police officer. An exception to this is made for City Council members at City Council meetings. BE IT FURTHER RESOLVED that: 1. No City official will act in such a way as to appear to be retaliating against a speaker for testimony presented before the City. Such prohibited actions include, but are not limited to: contacting the place of employment, the family, or any other person associated with said speaker to express concern, cast doubt upon, or in any way cause difficulty for said speaker. 2. Some matters are exempt from the clause above. They include: a) Responding to claims or charges by the speaker; b) Matters in which a crime is implicated and in which the City reserves its right to pursue its crime - fighting policies. RESOLUTION NO. 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. HOLMES & GRAVEN CHARTERED Attorneys at Law JOHN M. LEFEVRE, JR. 470 Pillsbury Center, Minneapolis, Minnesota 55402 ROBERT J. LINDALL j iMBERT A. ALSOP (612) 337 -9300 LAURA K. MOLLET NALD H. BATTY BARBARA L. PORTWOOD iEPHEN J. BUBUL Facsimile (612) 337 -9310 JAMES M. STROMMEN JOHN B. DEAN JAMES J. THOMSON, JR. MARY G. DOBBINS LARRY M. WERTHEIM STEFANIE N. GALEY BONNIE L. WILKINS CORRINE A. HEINE GARY P. WINTER JAMES S. HOLMES WRITER'S DIRECT DIAL DAVID L. GRAVEN (1929 -1991) DAVID J. KENNEDY 337 -9215 JOHN R. LARSON OF COUNSEL WELLINGTON H. LAW ROBERT C. CARLSON CHARLES L. LEFEVERE ROBERT L. DAVIDSON ROBERT C. LONG January 4, 1994 Jerry Splinter City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Proposed Resolution on Standards of Conduct Dear Jerry: I have reviewed the proposed resolution which you forwarded to me on December 30. I have no legal concerns about the resolution. However, I do have some comments about the last BE IT FURTHER RESOLVED paragraphs. These paragraphs prohibit a city official from acting in such a way that as to appear to be retaliating against a speaker for statements made before the city council. Prohibited actions include contacting the speaker's place of employment, the family or a person associated with the speaker to express concern, cast doubt upon, or in any way cause difficulty for the speaker. My concern about this language is that it may go beyond the apparent intention of preventing unreasonable retaliation for the expression of ideas, to the point of frustrating or preventing legitimate comment in response to such free expression. For example, assume that a person were to appear before the council at a televised city council meeting and make the following statement: "I have a doctorate degree in public administration from Georgetown University. I have over 30 years experience in municipal finance and administration of municipal government. After a thorough investigation of the facts, I have determined that the city of Brooklyn Center has the highest taxes and the second highest sewer and utility rates of any governmental unit in the metropolitan area. Furthermore, the city council appears to be completely ignorant of these facts." Obviously there are many ways of responding to such a statement. One would be simply to dispute the facts about taxes and utility rates. However, some members of the council might not feel that this response is adequate, and might wish to check on the credentials of the self - proclaimed expert. If it were discovered that the speaker had no such degree, had no experience in municipal matters, and in fact had just been released from federal prison where he was serving time for activities in an outlaw tax protest group, a councilmember may wish to make these facts known to every voter in the city who was, or could have been, influenced by the statement of the "expert". These voters could include the speakers' family, employer, clubs, church organizations, associates, and the like. Such action by a councilmember would seem to be prohibited by the draft policy unless it would be covered by the exception which excuses such communications by councilmember if the councilmember is responding to "claims or charges". If "claims or charges" is intended to allow any CLL63619 BR291 -4 Jerry Splinter January 4, 1994 Page 2 response to any statement made at a council meeting, then the exception would be so broad that the rule itself would have no effect. However, I assume that the exception was not intended to be so broad as to swallow the rule. Therefore, there will be some cases in which councilmembers will be hampered in their communications. A councilmember might even wish to call someone, perhaps a rival candidate for office, a liar because of the statement the rival made at a council meeting. The councilmember may Y wish to make such a statement to any voter in the city whether or not the voter is an employer of the speaker or as otherwise associated with the speaker. Under this resolution, such a statement made by a councilmember would expose the member to censure by his or her fellow councilmembers. In other words, the councilmembers would not have the same rights in politics and political debate as would their non -councilmember cilmember rivals or opponents who would be subject to no such limitations. Additionally, it should be noted that the resolution deals only with retaliation or response to statements made or positions taken at a council meeting. If a speaker P made the same statements at a chamber of commerce meeting, in a newspaper, or in some other forum, the councilmembers would be under no constraints in their response to the speaker's statement. On one hand this is appropriate if the idea of the resolution is to encourage the free expression of ideas at a council meeting. On the other hand, if the idea of the resolution is to attempt to encourage the free flow of ideas generally, there may be no reason to limit it to retaliation for such statements made a council meeting. Having made the foregoing comments, I should state that I do not see a legal problem with the resolution because it is not enforceable. If it were possible to either prevent the speech which is governed by the resolution or to punish someone for such speech, I believe it would be an unconstitutional infringement of the rights of free speech of city officials. The idea behind the resolution, however, seems to me to be an important one. As a legal matter, I do not see a problem with the adoption of the resolution. I would offer, however, for your consideration, language which could be substituted for the paragraphs under the last BE IT FURTHER RESOLVED that: Our democratic government should have as a primary goal to foster and encourage, rather than inhibit, the free flow of ideas. All city officials are charged to be mindful at all times of the great power which government and which they as city officials have over the lives, property and reputation of individuals, and that such power can be so used as to discourage free speech or to punish the expression of ideas or opinions. All city officials are further charged to attempt at all times to so conduct themselves that their actions will not be, and will not be perceived to be, official harassment or intimidation of, or retaliation against, any individual for the free expression of ideas. Very truly yours, C3— � Charles L. LeFevere CLL : ckr CLL63619 BR291 -4 CITY OF BROOKLYN CENTER Council Meeting Date January lo. 1994 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) COMPACT MINIVAN FOR FIRE DEPARTMENT DEPT. APPROVAL: Karla K. Wickre, Deputy City Clerk MANAGER'S REVIEW /RECOMMENDATION. t V No comments to supplement this report Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) An appropriation of $21,000 was approved in the 1994 central garage internal service fund budget for the purchase of one (1) minivan for the fire department. If the attached specifications are approved, the advertisement for bids will be published in the Brooklyn Center Sun Post on January 19, 1994, with an opening date of January 27. RECOMMENDED CITY COUNCIL ACTION Approve Specifications and Authorize Advertisement for Bids for Delivery of One (1) Compact Minivan for the Fire Department. Member introduced the following resolution and moved it adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) COMPACT MINIVAN FOR FIRE DEPARTMENT. BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specifications for the delivery of one (1) compact Minivan for the fire department are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the delivery of one (1) compact Minivan in accordance with said specifications. 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. CALL FOR BIDS FOR ONE (1) MINIVAN Sealed proposals endorsed with the title of the equipment and the bidder's name will be received at the office of the City Clerk of the City of Brooklyn Center, Hennepin County, Minnesota, up to 11:00 a.m. on Thursday, January 27, 1994, at which time bids will be opened and read. The equipment to be furnished consists of the following as called for in the specifications: One (1) Minivan Proposed forms of contract documents, including the forms and specifications therefor, are on file in the office of the City Clerk of the City of Brooklyn Center, Minnesota, where they may be examined. Specifications and proposal blanks may be had for the contractor's individual use by applying to the City Clerk. No bidder may withdraw his bid within thirty (30) days after scheduled time of opening bids without the consent of the City. Bids must be made on the basis of cash payment for the equipment. No bids will be • considered unless sealed and filed with the City Clerk prior to the closing time for receiving bids. The City Council reserves the right to waive any informalities in any bids received and reject without explanation any or all bids received. Mailed bids should be addressed to: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 By order of the City Council K. K. Wickre, Deputy City Clerk Date: January 11, 1994 (Published in the Brooklyn Center Sun Post January 1.9, 1994) • CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 PROVISIONS AND SPECIFICATIONS FOR ONE (1) 5 PASSENGER MINIVAN 1. GENERAL All bids must be received at the office of the City Clerk on or before 11:00 a.m., January 27, 1994, and shall be submitted on the enclosed proposal form in sealed envelope plainly marked "Bid for 5 PASSENGER MINIVAN. It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities, and to award the contract to the best interest of the City. The van proposed and delivered to the City of Brooklyn Center shall be complete in every respect and ready for operation in accordance with these specifications, with certifications of service, and inspection submitted at the time of delivery. • Manufacturer's reference, trade name, brand, or description mentioned in this proposal are descriptive, but not restrictive, and used only to indicate type and standard of material or equipment desired. The van the bidder proposes to furnish must be of a current production. Obsolete equipment is not acceptable. Catalog information showing make, model, and complete specifications of the Minivan the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to patent infringements and in case of suits against the City by other parties. He must defray all cost in connection with such suit and save the City harmless in all actions. 2. GUARANTEE The bidder shall furnish a manufacturer's standard new car warranty as a minimum and shall guarantee the equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material, and workmanship. All defective parts, material, and labor shall be replaced free of cost to the City of • Brooklyn Center. 3. DELIVERY DATE The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest date possible. 4. AWARD OF CONTRACT Award of contract by the City of Brooklyn Center will be based on, but not necessarily limited to, the factors of price, delivery, parts and service, as well as analysis and comparison of specifications and performance. 5. OBJECTIONS TO SPECIFICATIONS Any objections to the specifications must be submitted to the City Clerk in writing five (5) days prior to opening of bids. 6. PROOF OF WORKERS COMPENSATION Each bid shall be accompanied by proof that the bidder has Worker's Compensation Insurance in force. Such proof shall be in the form of a copy of the bidder's current insurance certificate or certificate of exemption from the State Insurance Commissioner. PROPOSAL ONE (1) 5 PASSENGER MINIVAN TO: City of Brooklyn Center 6301 Shingle r g e C eek Parkway Brooklyn Center, Minnesota 55430 Gentlemen: We propose to furnish and deliver one (1) 5 PASSENGER MINIVAN according to the specifications at the following bid price: 1. Total Bid Price 2. Delivery Charge (For those dealers in excess of a 50 mile radius of Brooklyn Center) 3. Delivery Date (calendar days) Signed: Firm Name Address: Date: BID OPENING JANUARY 27-11994 AT 11:00 AM s GENERAL The vehicles and /or equipment called for herein shall be a new 5 passenger Minivan currently advertised, models incorporating all the latest available changes and features, including safety devices and tools to make a satisfactory operating unit. They shall meet the requirements of Minnesota Department of Labor and Industry, Division of Accident Prevention, and the U.S. Department of Labor, Occupational Safety and Health Administration. BODY Compact 5 passenger Minivan with Rust proofing, body style to be a LE, CL /LT -5 OR WPA -3 TYPE CONSTRUCTION. SEATING Two (2) Captain or Bucket seats front and one (1) removable rear bench seat, full foam padded cloth type seats. CHASSIS Wheel Base 112.3 Minimum Brakes Power Disc Front, Drum Rear Transmission 4 Speed Automatic Differential Front Wheel Drive Steering Power Assisted Suspension Heavy Duty Wheels and Tires Belted radial tires /all season tread design full sized tire and rim, 205/70R 15 Blackside wall tires with full wheel cover. Engine Compartment Engine shall be 6 cylinder design minimum 3.3 liter displacement 162 HP with Higher cooling capacity radiator, Heavy Duty Transmission Cooler, Heavy duty fuel filter, oil filter & air cleaner r ELECTRICAL • Battery Heavy duty 685 Amp Battery Minimum. Gauges Full set of Gauges: Oil Pressure, Amps and Engine temperature. Alternator 120 AMP Heavy duty Minimum Radio Standard AM /FM for Model Lights All lights to meet Minnesota Vehicle code. COLOR Color shall be one of the following manufactures standard color: Flame Red, or Victory Red WITH CLEAR COAT FINISH, including bumpers and lower side trim INTERIOR TRIM Interior trim shall be of a Custom medium Crimson Red, Garnet Red or Ruby Red Cloth material. MISCELLANEOUS EQUIPMENT: Mini Van must have one (1) of the following group of preferred convience groups LE, CL /LT5 or WPA -3 Intermittent Wipers Front Floor Mats Power Door Locks Power Drivers seat Rear Window Defroster Trailer Towing Package heavy Duty MANUAL One (1) Parts Manual and One (1) Service manual to be provided. ALTERNATE BID A MANUFACTURES 1994 MODEL STOCK VEHICLE THAT MEETS THE COLOR SPECIFIED AND HAS ESSENTIALLY THE SAME EQUIPMENT MAY BE CONSIDERED FOR AN ALTERNATE BID. CITY OF BROOKLYN CENTER Council Meeting Date January l 19 1994 Agenda Item Number / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: 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 DEPT. APPROV --- 7A&V� Geral n R. Barone, Assistant City Manager /Personnel Coordinator t. MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached . SUMMARY EXPLANATION: (supplemental sheets attached Yes ) The City's 1994 budget has $10,000 allocated for Brooklyn Peacemaker Center Services (Unit 152 - Social Services). Attached is an agreement and resolution authorizing the City to enter into an agreement with BPC. The agreement is virtually identical to the terms of the 1993 agreement. Brooklyn Peacemaker Center submitted an application for contractual services which was reviewed by the Brooklyn Center human rights and resources commission during the City's 1994 budget review process. This information is available if requested. RECOMMENDED CITY COUNCIL ACTION: Pass a 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. 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 WHEREAS, the City of Brooklyn Center has allocated $10,000 in the 1994 budget, Unit 152, Object 4400 for Brooklyn Peacemaker Center services; and WHEREAS, the City of Brooklyn Center and Brooklyn Peacemaker Center, Inc., (BPC) are desirous of renewing an agreement for the provision of services from BPC. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. The Council has reviewed the Agreement between the City of Brooklyn Center and Brooklyn Peacemaker Center, Inc., and finds that the execution of the agreement is in the best interest of the City of Brooklyn Center. 2. The Mayor and City Manager are authorized and directed to execute the agreement on behalf of the City. 3. The City Manager is directed to transmit an executed copy of the agreement to Brooklyn Peacemaker Center, Inc. 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. AGREEMENT BETWEEN CITY OF BROOKLYN CENTER and BROOKLYN PEACEMAKER CENTER, INC. This Agreement is made the day of 7 1994, between the City of Brooklyn Center, hereinafter referred to as the City, and the Brooklyn Peacemaker Center, Inc., hereinafter referred to as BPC; In consideration of the covenants set forth herein, the City and BPC agree as follows: SERVICES PROVIDED BPC, within its financial resources, agrees to provide its full range of professional and volunteer services to the residents of the City including, without • limitation, the following: i a. Juvenile diversion services for juveniles passing though the juvenile justice system, provided that the records and identity of the juveniles shall be provided to BPC pursuant to Minnesota Statute 260.161. b. Services to establish and maintain peer groups to deal with specific populations, such as troubled youth, who are experiencing conflict and turmoil in their lives. C. Services for referring individuals and families who are experiencing turmoil and conflict in their lives to the appropriate professional counselors. d. Such other services of a similar nature as may be assigned from time to time by the City Manager of the City and as agreed to by the BPC Board of Directors. LIMITATIONS AND REPORT BPC shall not compete with the City or other Social Agencies by providing services which overlap with services provided by the City or other Social Agencies unless such services can be provided more efficiently and effectively by BPC. BPC shall submit an annual report to the City outlining the services provided to the City during the preceding year. LIABILITIES The City shall not exercise control of the process, means, or procedures used in providing services hereunder, shall provide no directive to, and shall not interfere with BPC or its employees or volunteers in the performance of the services required by this contract. BPC volunteers and employees shall not be considered employees of the City and shall be under the direct control of BPC. BPC agrees to indemnify the City and hold the City harmless from any tort liability, claim, demand or action including legal expenses, arising out of BPC activities; and BPC shall carry a policy of comprehensive general liability insurance, including contractual liability insurance, in an amount approved by the City to cover this agreement. BPC shall provide certificates of insurance to the City with the signing of this agreement. It is understood that this insurance requirement does not constitute all of the insurance that may be necessary. DURATION The services provided by BPC hereunder shall commence on the first day • of January 1994, and continue until December 31, 1994. It is understood between the parties that BPC intends to continue to provide similar services after expiration of this contract, as a volunteer organization. Nothing in this contract shall be construed to mean that the City shall renew this contract in the event that BPC continues to provide such services to the residents of the City of Brooklyn Center after expiration of this contract. PAYMENT The City agrees to pay the sum of Ten Thousand Dollars ($10,000) for the services provided hereunder, for the term of the contract. The sum of $10,000 shall be the total obligation of the City under this contract and shall be payable to BPC as follows: $5,000 on February 15, 1994, and $5,000 on July 12, 1994, in order to provide the services required hereunder. In the event that BPC fails to provide the services hereunder, discontinues its operation, or otherwise breaches the contract in any material way, BPC shall refund to the City the amount determined by dividing the number of days remaining under this contract by 365 days and expressing the quotient in percentum and then multiplying the said percentum times the total contract price. In the event the quality of services required by this contract is not acceptable to the City, this agreement may be terminated. MISCELLANEOUS In an effort to improve the quality of services provided by this agreement, the City and BPC agree to exchange information and ideas, maintain open i communication nd recommendations. Th e a respond to all disputes, misunderstandings, recomme dat ons. P P g, parties agree that this contract is not assignable and that the contract shall become effective upon approval by the BPC Board of Directors and the execution thereof by the President and Corporate Secretary, and upon the approval of the City Council of the City of Brooklyn Center and execution thereof by the Mayor and City Manager. The City shall be a corporate member of the BPC. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. i Y BROOKLYN CITY OF ROOKL ENTER C Mayor City Manager BROOKLYN PEACEMAKER CENTER, INC. i President I Corporate Secretary I CITY OF BROOKLYN CENTER c ouncil Meeting Date Ianuaryy 10, 1996 Agenda Item Nwnber REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: 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 DEPT. APPROVAL: Gera yn R. Barone Assistant City Manager /Personnel Coordinator MANAGERS REVIEW/RECOMMENDATION. U No comments to supplement this report Comments below /attached SUNEVLARY EXPLANATION: (supplemental sheets attached Yes ) The City's 1994 budget h allocated f h Hennepin Mediation Project NHMP ty g as $5,000 a ocated or Nor t p � (NHMP) services (Unit 152 - Social Services). Attached is an agreement and resolution authorizing the City to enter into an agreement with NHMP. The agreement is virtually identical to the terms of the 1993 agreement. NHMP submitted an application for contractual services which was reviewed by the Brooklyn Center human rights and resources commission during the City's 1994 budget review process. This information is available if requested. RECOMMENDED CITY COUNCIL ACTION: Pass a 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. 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 WHEREAS, the City of Brooklyn Center has allocated $5,000 in the 1994 budget, Unit 152, Object 4400, for mediation services; and WHEREAS, the City of Brooklyn Center and North Hennepin Mediation Project are desirous of renewing an agreement for the provision of services from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. The Council has reviewed the Agreement between the City of Brooklyn Center and North Hennepin Mediation Project and finds that the execution of the agreement is in the best interest of the City of Brooklyn Center. 2. The Mayor and City Manager are authorized and directed to execute the agreement on behalf of the City. 3. The City Manager is directed to transmit an executed copy of the agreement to North Hennepin Mediation Project. 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. AGREEMENT BETWEEN CITY OF BROOKLYN CENTER and NORTH HENNEPIN MEDIATION PROJECT This Agreement is made the day of 1 1994, between the City of Brooklyn Center, hereinafter referred to as the City, and the North Hennepin Mediation Project, hereinafter referred to as NHMP. In consideration of the covenants set forth herein, the City and NHMP agree as follows: SERVICES PROVIDED NHMP, within its financial resources, agrees to provide its full range of professional and volunteer services to the residents of the City including, without limitation, the following: • a. Mediation services for citizens - City disputes resulting from conflicts in enforcement of City ordinances, rules, and regulations. b. Mediation services for resolving nonordinance- related neighborhood disputes. c. Mediation services for resolving noncriminal juvenile disputes, provided that the records and identity of the juvenile shall be provided to NHMP pursuant to Minnesota Statute 260.161. d. Such other services of a similar nature as may be assigned from time to time by the City Manager of the City and as agreed to by the NHMP Board of Directors. LIMITATIONS AND REPORT NHMP shall not compete with the City or other Social Agencies by providing services which overlap with services provided by the City or other Social Agencies unless such services can be provided more efficiently and effectively by NHMP. NHMP shall submit an annual report to the City outlining the services provided to the City during the preceding year. • LIABILITIES The City shall not exercise control of the process, means, or procedures used in providing services hereunder, shall provide no directive to, and shall not interfere with NHMP or its employees or volunteers in the performance of the services required by this contract. NHMP volunteers and employees shall not be considered employees of the City and shall be under the direct control of NHMP. NHMP agrees to indemnify the City and hold the City harmless from any liability, claim, demand or action of any kind, including legal expenses, arising out of NHMP activities, and NHMP shall carry a policy of comprehensive general liability insurance, including contractual liability insurance, in an amount approved by the City to cover this agreement. NHMP shall provide certificates of insurance to the City with the signing of this agreement. It is understood that this insurance requirement does not constitute all of the insurance that may be necessary. DURATION The services provided by NHMP hereunder shall commence on the first day of January 1994 and continue until December 31, 1994. It is understood between the parties that NHMP intends to continue to provide similar services after expiration of this contract, as a volunteer organization. Nothing in this contract shall be construed to mean that the • City hall renew this s provide such services contract in the event that NHMP continues to Y p to the residents of the City of Brooklyn Center after expiration of this contract. PAYMENT The City agrees to pay the sum of Five Thousand Dollars ($5,000) for the services provided hereunder, for the term of the contract. The sum of $5,000 shall be the total obligation of the City under this contract and shall be payable to NHMP as follows: g Y PY $2,500 on February 15, 1994, and $2,500 on July 12, 1994, in order to provide the services required hereunder. In the event that NHMP fails to provide the services hereunder, discontinues its operation, or otherwise breaches the contract in any material way, NHMP shall refund to the City the amount determined by dividing the number of days remaining under this contract by 365 days and expressing the quotient in percentum and then multiplying the said percentum times the total contract price. In the event the quality of services required by this contract is not acceptable to the City, this agreement may be terminated. • MISCELLANEOUS In an effort to improve the quality of mediation services provided by this agreement, the City and NHMP agree to exchange information and ideas, maintain open communication, and respond to all disputes, misunderstandings, and recommendations. The parties agree that this contract is not assignable and that the contract shall become effective upon approval by the NHMP Board of Directors and the execution thereof by the President and Corporate Secretary, and upon the approval by the City Council of the City of Brooklyn Center and execution thereof by the Mayor and City Manager. The City shall be a corporate member of the NHMP. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. CITY OF BROOKLYN CENTER Mayor City Manager NORTH HENNEPIN MEDIATION PROJECT President Corporate Secretary CITY OF BROOKLYN CENTER coameil Meeting Date /a I? Agenda Item Number / 7 !7 REQUEST FOR COUNCIL CONSIDERATION 40 ITEM DESCRIPTION: RESOLUTION AWARDING LIQUOR LIABILITY INSURANCE CONTRACT DEPT. APPROVAL: Charles Hansen, Finance Director MANAGER'S REVIEW/RECONENIENDATION: No comments to supplement this report Comments below /attached SUMMIARY EXPLANATION: (supplemental sheets attached ) • The City has received two proposals for liquor liability insurance. One is from the Transcontinental Insurance Company, who has provided the coverage for several years. The other is from the St. Paul Fire & Marine Company. Both companies quoted a rate per $100.00 of liquor sales. The estimated total premium is derived by applying that rate to our estimate of 1994 sales. After year end, actual sales will be reported and a final premium determined. Transcontinental Insurance Company quoted a rate of $.96 per $100.00 of sales, slightly lower than their quote for 1993. St. Paul Fire & Marine Company quoted a rate of $.4375 per $100.00 of sales. Both quotes were evaluated by the City's independent insurance consultant, American Risk Services, Inc., who determined that they provided the same insurance coverage. Based on the City's estimate of 1994 sales, the total estimated premium for Transcontinental Insurance Company is $23,712 and for St. Paul Fire & Marine Company is $10,806. The estimated savings from switching companies is $12,906. The liquor stores have experienced lower sales and as a result, lower profits during 1993. We expect this trend to continue in 1994. This savings on insurance should make it possible to transfer $100,000 to the General Fund as budgeted. We are still in the process of negotiating other insurance coverage and will bring them to you for approval when complete. RECOMMENDED CITY COUNCIL ACTION Passage of the attached resolution awarding the liquor liability insurance contract to the St. Paul Fire & Marine Company. 1y� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AWARDING LIQUOR LIABILITY INSURANCE CONTRACT ------------------------------------------------------- WHEREAS, the City has received a proposal from the Twin City Group Insurance Agency to provide liquor liability insurance through the St. Paul Fire & Marine Company at a rate of $.4375 per $100.00 of 10 806 liquor sales for a total estimated premium of q $ P for 1994; and i WHEREAS, the City's previous insurance carrier, the Transcontinental Insurance Company, has proposed to renew its policy at a rate of $.96 per $100.00 of liquor sales for a total estimated premium of $23,712 for 1994; and WHEREAS, the two insurance policies provide identical insurance coverage; and WHEREAS, switching to the insurance proposed by Twin City Group Insurance Agency will save the Liquor Stores an estimated $12,906.00 during 1994. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to award the contract for liquor liability insurance for 1994 to the St. Paul Fire & Marine Company as follows: $1,000,000 Bodily Injury, each person $1,000,000 Bodily Injury, each common cause $1,000,000 Property Damage, each common cause $1,000,000 Loss of Support, each person $1,000,000 Loss of Support, each common cause Estimated Annual Premium of $10,806 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 Data �O/ Agenda Item Number 7 / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS DEPT. APPROVAL: - C c aALI au.� Charles Hansen, Finance Director MANAGER'S REVIEW/RECO , ATION: No comments to supplement this report Comments below /attached ® SUM MIARY EXPLANATION: (supplemental sheets attached ) In January of each year, the City Council has passed a resolution designating the banks which are authorized as depositories of City funds. Marquette Bank Brookdale is where the City has all of its checking accounts. The first five banks listed in section two are where the City has various investment or debt service accounts. No business is currently conducted with the last four banks listed in section two, but they are listed because they are local banks and are thus authorized for use if it is in the City's interest to do so. This resolution goes on to identify by name the city manager and city treasurer and designate them as the persons who shall sign checks. RECOMMENDED CITY COUNCIL ACTION Passage of the attached resolution. • I Ni Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS WHEREAS, Section 7.01 of the City Charter provides the City Council with authority over City funds, including the safekeeping and disbursement of public moneys; and WHEREAS, Section 7.10 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the city manager and the city treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. that Marquette Bank Brookdale is hereby designated as the depository of the funds of the City of Brooklyn Center. 2. that the following named banks are hereby designated additional depositories to be used for investment purposes: First National Bank of Minneapolis First Trust Bank of St Paul Norwest Bank Minneapolis American National Bank of St. Paul Piper Capital Management Firststar Bank of Brooklyn Center Investors Savings Bank of Brooklyn Center Metropolitan Federal Bank FSB of Brooklyn Center Twin City Federal Savings & Loan Association The city treasurer is authorized to deposit City funds guaranteed by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation and such additional funds not to exceed the amount of 90% of collateral pledged by the depository to the City, and approved by the City. 3. that First National Bank of Omaha is hereby designated as the clearinghouse depository for credit card sales of the Liquor Stores. 4. that the city manager, city treasurer, and deputy city treasurer are authorized by the City Council to act for the City in any of its business with the depositories. All checks drawn upon an account of the City shall bear the actual or facsimile signature of the city manager and the city treasurer. 5. that the city manager is Gerald G. Splinter, the city treasurer is Charles R. Hansen, and the deputy city treasurer is Timothy R. Johnson. Date 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 9� • / / ,- Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING AN INTEREST RATE ON LOANS FROM THE INVESTMENT TRUST FUND TO OTHER FUNDS OF THE CITY OF BROOKLYN CENTER DEPT. APPROVAL: cov_kn� k a_n Charles Hansen, Finance Director MANAGER'S REVIEW/RECOMMENDATION: J No comments to supplement this report Comments below /attached SUNDIARY EXPLANATION: (supplemental sheets attached In the past, the City has temporarily financed special assessment improvements by issuing Temporary Improvement Notes and selling them to the Investment Trust Fund. Permanent financing was provided later by the sale of long -term improvement bonds. Similar loans have occasionally been made to other City funds which were in need of financing, but didn't find it desirable to sell bonds. The interest rate on these loans was last adjusted on January 13, 1992, by Resolution 92 -09 which et i s tat 8 %. Economic conditions have changed so as to cause an overall reduction in interest rates. The proposed rate of 7% is sufficient to more than cover the lost interest from investing these funds, while not overburdening the funds and construction projects receiving the loans. RECOMMENDED CITY COUNCIL ACTION Passage of the attached resolution. 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING AN INTEREST RATE ON LOANS FROM THE INVESTMENT TRUST FUND TO OTHER FUNDS OF THE CITY OF BROOKLYN CENTER ------------------------------------------------------- WHEREAS, the City Council passed Resolution 90 -03 on January 8, 1990 which established an annual interest rate of 10% to be charged on loans made by the Investment Trust Fund to other City Funds; and WHEREAS, the City Council passed Resolution 92 -09 on January 13, 1992 which established an annual interest rate of 8% to be charged on loans made by the Investment Trust fund to other City Funds; and WHEREAS, because of current economic conditions the interest rate of 8% is excessive; and WHEREAS, the City Council has determined that an annual interest rate of 7% sufficient and equitable for all loans. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the annual rate of interest to be charged by the Investment Trust Fund on loans to all other City funds be set at 7 %, effective January 1, 1994. 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 cameil Meeting Date ///a 9 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING AMENDMENTS TO THE FIRE DEPARTMENT RELIEF ASSOCIATION BYLAWS DEPT. APPROVAL: Charles Hansen, Finance Director MANAGER'S REVIEW/RECOnEMENDATION: u� -- -- - No comments to supplement this report Comments below /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 that they will neither receive double benefits nor be penalized for withdrawing from the Fire Relief Association. 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 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 %. 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. RECOMMENDED CITY COUNCIL ACTION Passage of the attached resolution. 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 November 23, 1993 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. BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION Actuarial Valuation and Benefit Study as of January 1, 1993 July 15, 1993 I i i i qry; 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 6 I Table 1(c) Financial Disclosure Information as of January 1, 1993 7 Table 2(a) Projected Benefits for Active Members as of January 1, 1993 g Table 2(b) Monthly Benefits for Inactive Members as of January 1, 1993 10 Table 3 Summary of Current Plan Provisions 12 j i Table 4 Actuarial Assumptions and Method 13 i i i I i f 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 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 in the Association until the normal retirement date assumed in the valuation, age 52 and 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. 4 i Table 2(b) is a summary of the benefits for these members. I ASSETS The Association provided us with a copy of the financial statement of the Special Fund as of January 1, 1993. Assets are valued at $2,729,341 on such date. We have used this value for valuation purposes. 1 yatt ACTUARIAL ASSUMPTIONS AND METHOD 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 certify that this Actuarial Valuation and Benefit Study has been prepared in accordance with Chapters 356.20 to 356.23 of the Minnesota State Statutes as they apply to volunteer relief 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 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 immediately upon their date of joining the Association. 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 expense amount for the total annual contribution due as of the valuation date. The estimated 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. 2 W ,Zff 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 January 1, 1993, the unfunded accrued liability has decreased to ($27,279). The decrease of $242,348 is a result of the following: 1. January 1, 1991 Unfunded Accrued Liability $215,069 2. a. Decrease due to contributions 1991 -1992 47,205 b. Experience gains 1991 -1992 195,143 C. Total decrease 242,348 3. January 1, 1993 Unfunded Accrued Liability (1.-2.c.) ($27,279) I The actuarial gain is the combination of two sources -- favorable investment return and 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. I � 3 i 4Cya 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. FINANCIAL DISCLOSURE INFORMATION Government Accounting Standards Board Statement No. 5 now requires governmental I plans to disclose certain information in their financial statement. Table 1(c) presents this 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. If in connection with this study any additional work is required, we will be happy to proceed as directed. I Respectfully submitted, THE WYATT COMPANY Richard M. Holtz Philip L. K&' ers Associate, Society of Actuar' Fellow, Society of Actuaries i July 15, 1993 I I 4 Wyaff i I Table 1(a) BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION 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 3. Unfunded Accrued Liability (1 - 2) (29,279) 4. Amortization Payment for Unfunded 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 S. Annual Contribution Payable as of December 31, 1993 (7 *1.05) 68,619 i i I I i 5 i 'aft 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 1 ' it 2 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 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 - -- - Watt - - - -. i I Table 1(c) BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION Financial Disclosure Information i as of January 1, 1993 ' Pension Benefit Obligation Retirees and beneficiaries currently receiving benefits and terminated members not yet receiving benefits 1,303,024 I Current Members - Accumulated member contributions including allocated investment earnings 0 Vested benefits 1,108,316 Nonvested benefits 140,482 I Pension Benefit Obligation 2,551,822 I � i I ' Assumes future rate of return on plan assets of 5 %. i I i I I i I I I I � I i I I 7 I ` I qC ya ff 1 Table 2(a) 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 SOMBECK 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 01/71 8,010 M HOUGHTELL! 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 0 NELSON 02/44 08/74 5,805 G PEDLAR 03146 09/74 5,535 D PETER 01/46 12/72 6,773 R PETER 06/44 12170 6,885 R REIFFENBER 08/49 04/87 5,400 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 G SORBY 01/55 12/90 5,400 8 i ��� I I Table 2(a) 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 07/72 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 i � I i 9 i I i Table 2(b) BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION Monthly Benefits for Inactive Members as of January 1 1993 Monthly Name Tvpe 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 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. LINNER 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 J.R. VAUGHN RETIRED 243 W. VAUGHN RETIRED 257 F.D. BRUNSELL WIDOW 222 E.M. DURLAND WIDOW 231 HAASE WIDOW 242 H. JACOBSEN WIDOW 126 M.P. JOHNSON WIDOW 211 J.M. MANDERFELD WIDOW 242 R. MASON WIDOW 296 M.E. MCKINLEY WIDOW 239 � I 10 I I i 4 Cyaff i Table 2(b) BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION 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 T. NELSON DEFERRED 370 D. THOMPSON DEFERRED 142 I I I I i i 11 I Wyaff i Table 3 BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION ' Summary of Current Plan Provisions 1. Normal Retirement Benefit: Monthly benefit of $22.50 per year of service 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 inactive member unless a lump sum distribution of the retirement benefit was previously made. 5. Pre - Retirement Death: On death of any married active or deferred member, 100% of the member's accrued benefit is payable immediately to the 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 beneficiary. i 12 gaff OT i I I Table 4 BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION Actuarial Assumptions and Method 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 j 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. I 4. Interest Rate: Five percent compounded annually. I I 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 ' I J: \12590 \wp \val \93val.plk I 13 I 4Chfaff � Revision 2 - November 23, 1993 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 II. POWERS AND DUTIES OF OFFICERS AND BOARD OF TRUSTEES Section 1. President's Duty. The President shall preside at all meetings of this Association, sign all checks drawn by the Treasurer for the payment of such sums of money as may from time to time be authorized by the Bylaws or as may be 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 Associaticr- Secretary shall turn over all monies received by the Secretary to the within a period of ten days and shall obtain a receipt. Section 4 Treasurer's Dutv. The Treasurer of the Association shall receive anc 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 accoun 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 governing body of the Association, with full power and authority to carry out the objects and purposes of the Association as set forth in the Articles of Incorporation, these Bylaws and the laws of the State of Minnesota. Section 6. Compensation of Secretary and Treasurer. The compensation to be paid to the Treasurer of the Association, if any, shall be fixed and may be changed from time to time by the members at any annual or special meeting, subject to the approval of the City Council. ARTICLE 1111. 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 aid P P P Y P and expended, and the balance of the fund. They shall file duplicate original copies thereof w State Auditor. with the C Finance Director and with the S a e Aud o P City ] The Secretary and Treasurer of the Association shall provide all annual financial data requested by an auditor for preparation of an annual resort. 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 bx 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 oolipy. 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 Department's safe deposit box or in the custody of the City's Director of Finance. Funds shall be invested only in high grade securities with approximately 50% of the investments being in U.S. Government or government backed securities. Bonds must be investment grade quality (BBB)or better and no funds shall be invested in common stock without specific approval of the Board. Funds may be invested 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 discontinued or the Treasurer should resign or be removed from office, or for any reason the members should fail to elect a new Treasurer, the funds shall be paid to the City Finance Director to be held in trust by the City Finance Director and paid out only in accordance with the Articles of Incorporation, these Bylaws, and the laws of the State of Minnesota. ARTICLE IV. GENERAL FUND Section 1. Deposits. General Fund monies belonging to this Association shall be deposited to the credit of the Association in such banks, trust companies or other depositories as the Board of Trustees may designate. Section 2. Disbursements. No monies shall be disbursed from the General Fund until the Association has approved the annual operating budget of the specific expenditure. 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 property 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. Age Requirements. No person under the age of 18 or who has reached his 56th birthday shall be accepted as a member of this Association from and after the date of adoption of these Bylaws. All members shall retire from the Association according to the provisions of Section 5 -1102d of the City Ordinances. Section 3. Termination of Membership. Resignation or termination from the Brooklyn Center Fire Department shall be deemed resignation from the Association. Section 4. Termination Due to Full -Time Position. Any member who accepts a full - time position with the Brooklyn Center Fire Department and joins Fire / Police PERA shall continue to accrue benefits with the BCFD Relief Association until the member achieves 20 years of service The member will then be placed in a special deferred pensioner status and the member's benefits at termination will continue to accrue at a rate of 5% per year until the member retires /leaves the Brooklyn Center Fire Department. Exception: Any member currently failing under the provisions above and has in excess of 20 years of service shall be allowed to accrue benefits in the BCFD Relief Association until the member's next anniversary date after the adoption date of these Bylaws. 6 ARTICLE VI. MEETINGS Section 1. Meetin s f the Board r I g o oa d of Tr Regular meetings of the Board of Trustees shall be held at such times and places as are designated by said Board. Notice of such meeting shall not be required. Special meetings of the Board of Trustees may be called by the President or any two members of the Board by making a request therefor to the Secretary, who shall notify all members of the Board of the time, place and purpose of the meeting at [lease] least 24 hours in advance. Section 2. Annual Meetina. 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 of the members of the Board of Trustees shall constitute a quorum for the transaction of any business at meetings of the Board and one -half of the members of the Association shall constitute a quorum for the transaction of any business at the annual or at any special meeting of the members, provided that five affirmative votes shall be necessary for trustees' approval of investments. A number less than a quorum may adjourn any meeting of the Board of Trustees or the annual or any special meeting of the members. Section 5. Order of Business. At the annual and at all special meetings the order of business shall be as follows: (a) Call to order [(b) 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 w Ions to the Brooklyn Center Fire in the Fire Department, and who belongs re y p Department Relief Association. (2) " Retired member means a former member, (a) who has retired from the Fire Department; and who has had an active period or periods of service in the Fire (b ) o re p P 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 (4) " 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 (c) who has not reached the age of 50 years or more; and 8 (d) who has separated after [June 30, 1988] December 31. 1993 (5) " Special deferred pensioner" status means any member who accepts a full - time position with the Brooklyn Center Fire Department and joins Fire /Police PERA shall continue to accrue benefits with the BCFD Relief Association until the member achieves 20 years of service. The member will then be placed in a special deferred pensioner status and the member's benefits at termination will continue to accrue at a rate of 5% per year until the member retires /leaves the Brooklyn Center Fire Department. Exception: Any member currently falling under the provisions above and has in excess of 20 years of service shall be allowed to accrue benefits in the BCFD Relief Association until the member's next anniversary date after the adoption date of these Bylaws. (6) 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 (7) " 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. (8) " 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. (9) " 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. (10) " Fire Department means the City of Brooklyn Center Fire Department. 9 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. Table 1 Effective Monthly Benefit Lump Sum Date Level Level 1/1 24.50 $3,500 1 25.50 $3,750 1 ---- - - - - -- $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. A member who is otherwise qualified for a service pension but who has not reached the age of 50 years may retire from the Fire Department without forfeiting the member's right to such pension. Upon 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. (4) Reduced Service Pensions for Early Retired Member. Upon approval of an application therefor, an early retired member shall be paid a monthly service 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 10 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 15 80 16 84 17 88 18 92 19 96 20 100 Section 3. Permissible Forms of Benefit. Any retired member, 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, 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 (i) [$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. 11 (3) Joint and 100% Survivor. The basic service pension defined in Sections 2(l), 3 or 4 above is adjusted to provide a survivor's O O P i benefit for such member's spouse equal to the amount of the adjusted monthly benefit payable to such member. The adjusted monthly benefit payable to such member equals the product of (i) the monthly service pension otherwise determined under Sections 2(1), (3) or (4) above multiplied by (ii) the Joint and 100% Survivor Factor. The Joint and 100% Survivor Factor is .85 + .005 (Y -X) where Y is the spouse's age at the benefit commencement date and X is the member's age at the benefit commencement date. The maximum value of the Joint and 100% Survivor Factor is one (1). After the member's death, the spouse who was married to the member on the date benefit payments commenced shall be entitled to receive the same benefit the deceased member was receiving for the remaining lifetime of the surviving spouse. (4) Joint and 50% Survivor. The basic service pension defined in Section 2(1), (3) or (4) above is adjusted to provide a reduced survivor's benefit for such member's spouse equal to fifty percent (50 %) of the amount of the adjusted monthly benefit payable to such member equals the product of (i) monthly service pension otherwise determined in Sections 2(1), (3) or (4) multiplied by (ii) the Joint and 50% Survivor Factor. The Joint and 50% Survivor Factor is .92 + .003 (Y -X) where Y is the spouse's age at the benefit commencement date and X is the member's age at the benefit commencement date. The maximum value of the Joint and 50% Survivor Factor is one (1). After the member's death, the spouse who was married to the member on the date benefit payments commenced shall be entitled to receive 50% of the benefit the deceased member was receiving for the remaining lifetime of the surviving spouse. (5) Consent of Spouse Required. If the member is married on the date when any benefits payable under Sections 2 and 3 above first 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, a ii deferred pensioner or early retired member attains ag 50 or ( ) first 12 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. 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 1 ----- - - - - -- 530 Upon the death of a retired member, a survivor's benefit shall only be payable if the retired member had elected to receive such member's benefits in the permitted forms of joint and survivor's benefits described in Section 3 (3) and (4) above. Section 5. Children's Benefits. (1) Upon the death of a member, early retired member or deferred pensioner who is survived by a spouse and children and if such spouse is entitled to receive a survivors benefit pursuant to Section 4 above, then an additional benefit equal to 25 percent of the surviving spouse's monthly benefit shall 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. 13 [(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.] Section 6. Funeral Benefits. In addition to the other benefits provided herein, upon the death of a member, retired member, previously retired member, deferred pensioner or early retired member a funeral expense benefit of $2,500 shall be paid to the surviving spouse, if any; otherwise, such sum shall be paid to the representatives of the estate on such deceased member, retired member, previously retired member, deferred pensioner or early retired member; provided, however, that such funeral expense benefit shall not be payable if the deceased member, retired member, previously retired member, deferred pensioner or early retired member, or their surviving spouse, children or estate representative has elected to receive the basic service pension benefits provided in these bylaws in the form of a lump sum distribution. Section 7. Payments Exempt. No payments of benefits made or to be made by the Association as provided herein shall be assignable or subject to judgment, garnishment, execution or other legal process. ARTICLE VIII. APPLICATION FOR BENEFITS Section 1. Form. All applications for benefits shall be made in writing on forms supplied by the Treasurer. Section 2. Application for Pensions. All applications for pensions shall be submitted to the Board of Trustees at a regular meeting or special meeting of the Board. Applications shall be verified by an oath of the applicant and shall state the following: (a) The age of the applicant: (b) The period of service in and the date of retirement from the Fire Department; (c) The length of time the applicant has been a member of this Association; and (d) Such other and further information as the Board of Trustees may require. 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 14 Relief Association within six months of the day upon which the member, retired 0 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 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. 15 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 number of completed years and months of active service rendered in the Fire Department by such member prior to such discontinuance and abolition; provided, however, that the Association's obligation to pay the foregoing lump sum benefit is subject to the availability of sufficient assets to pay such lump sum benefit and any other benefits then accrued, and in the event that the Association's assets are insufficient to pay all such benefit claims, then the only assets available to pay such lump sum benefits to those persons having less than 10 years service with the Fire Department shall be those assets in excess of the actuarially determined amount necessary to pay those benefits which were accrued as of the date of such discontinuance or abolition; provided, further, that nothing in this Section 1 shall be deemed to restrict, diminish or deny any benefits to any member who had any vested interest in any benefits provided in these Bylaws determined as of the date of such discontinuance or abolition. [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 Date l Ilo /9a { Agenda Item Number 1 4 1L* REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE THIRD - PARTY AGREEMENTS FOR YEAR XIX URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM DEPT. APPROVAL: Torn Bublitz, Community De lopment Specialist MANAGERS REVIEW/RECONE%IENDATION: t' No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X ) This is a housekeeping resolution for the Year XIX Community Development Block Grant Program. The resolution would authorize the City to enter into formal agreements with the implementing agencies for Community Development Block Grant (CDBG) activities for Year XIX, which covers the period July, 1993 through December, 1994. These agreements are executed as part of each funding cycle for the Urban Hennepin County CDBG Program. The EDA serves as the implementing agency for the scattered site acquisition program, which purchases and redevelops blighted properties under the slum and blight clearance provisions of the CDBG Program. Senior Community Services, Inc., provides minor home repair to senior citizens and disabled persons. The amount allocated to the scattered site program for Year XIX is $50,000, and the amount allocated to the HOME program for Year XIX is $8,000. i hi - Copies of both t rd party agreements are included with this request form. RECOMMENDED CITY COUNCIL ACTION Staff recommends approval of Resolution Authorizing Mayor and City Manager to Execute Third - Party Agreements for Year XIX Urban Hennepin County Community Development Block Grant Program. /q I-. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE THIRD -PARTY AGREEMENTS FOR YEAR XIX URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City Council of the City of Brooklyn Center, by Resolution No. 93 -133, has authorized a subrecipient agreement with Hennepin County for the Year XIX Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the Economic Development Authority in and for the City of Brooklyn Center and Senior Community Services, Inc., serve as providers of Community Development Block Grant activities in the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that its Mayor and City Manager are hereby authorized to execute third -party agreements between the City of Brooklyn Center, the Economic Development Authority in and for the City of Brooklyn Center and Senior Community Services, Inc., for the purpose of implementing Year XIX Community Development Block Grant activities. 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 January 10, 1994 Agenda Item Number / 4 1 M REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION AUTHORIZING THE POLICE ED O G PURCHASE OF FIVE 5 O C SEDANS DEPT. APPROVAL: Trevor A. Hampton, Chief of olice/ ave Peterson, Superintendent of Public Works MANAGER'S REVIEW/RECONEUENDATION: No comments to supplement this report Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUNEVIARY EXPLANATION: h O (supplemental sheets attached ) The City Council has approved the appropriation in the 1994 budget for the purchase of five (5) police sedans. The specifications for the police sedan include heavy duty components, i.e., alternator, transmission, cooling system, suspension, brakes, etc. A study conducted by the Brooklyn Center Police Department in the fall of 1992 showed that full- size sedans are better suited for police service than front -wheel drive models such as Chevrolet's Lumina and Ford's Taurus. Full -size police sedans are also less expensive to purchase and less costly to operate than front -wheel drive models. Our experience in 1993 has confirmed this study; the Ford Crown Victoria's have proven to be excellent in all areas. The State of Minnesota conducted a competitive bid process for police sedans for use by the State Patrol. The 1994 contract (number M -7820) was awarded to Superior Ford in Plymouth. Superior Ford agreed to provide Ford Crown Victoria police sedans to the State at a cost of $13,951 plus tax per vehicle. The total cost for five (5) police sedans is $74,290. RECOMMENDED CITY COUNCIL ACTION Authorize the Purchase of Five (5) Police Sedans Nm Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF FIVE (5) POLICE SEDANS WHEREAS, an appropriation was approved in the 1994 budget for the purchase of five (5) police sedans; and WHEREAS, the Ford Crown Victoria police package meets the specifications for police service as determined by the State of Minnesota; and WHEREAS, the State of Minnesota contract (number M -7820) for police sedans has been awarded to Superior Ford, 9700 56th Avenue North, Plymouth, Minnesota, for the bid price of $13,951 plus tax per vehicle. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager are hereby authorized to purchase five (5) police sedans from Superior Ford at a cost of $74,290. 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 January 10, 1994 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) COPIER /DUPLICATOR DEPT. APPROVAL: Karla K. Wickre, Deputy City Clerk MANAGER'S REVIEW/RECOM IENDATION: No comments to supplement this report Comments below /attached SU EM ARY EXPLANATION: (supplemental sheets attached ) • On November 22, 1993, the city council approved an appropriation of $30,000 in the Unallocated Departmental Budget for the purchase of a new copier /duplicator. The specifications were approved on December 20, 1993, and bids were accepted on January 5, 1994. Two bids were received. The bid from Pitney Bowes does not meet the approved specifications in many areas, i.e., copy speed, reduction and enlargement ratios, document feeder capacity, duplex paper capacity, border erase, photo mode, ability to punch paper, and multiple staple positions. The bid from Coordinated Business Systems, Ltd. does meet all specifications. The bid price for the Mita -8585 with the tandem 20 -bin sorter is $29,994.66 RECOMMENDED CITY COUNCIL ACTION Recommend Accepting Bid and Authorizing the Purchase of One (1) Copier /Duplicator • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) COPIER /DUPLICATOR WHEREAS, an appropriation was approved in the Unallocated Departmental Budget for the purchase of one (1) copier; and WHEREAS, two bids were received as follows: CompanX Bid Pitney Bowes $13,797.07 Coordinated Business Systems, Inc. 29,994.66 WHEREAS, the copier proposed by Pitney Bowes does not meet the specifications as approved by the City Council on December 20, 1993, and therefore should be rejected. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the bid submitted by Pitney Bowes is hereby rejected on the grounds the equipment proposed does not meet the specifications. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) Mita DC -8585 with tandem 20 -bin sorter from Coordinated Business Systems, Inc., in the amount of $29,994.66, is hereby approved. 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 / /9a Agenda Item Number ! J REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGERS REVIEW/RECONaffiNDATION. V No comments to supplement this report Comments below /attached ***************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) Attached is the list of licenses to be approved by the city council. RECOMMENDED CITY COUNCIL ACTION Approve licenses. Licenses to be approved by the City Council on January 10, 1994: *OWLL'-;G ALLEY Earle Brown Bowl 6440 James Circle City City Clerk ,D,tC COURTESY BENCH U.S. Bench Corporation 3300 Snelling Avenue City Clerk mac. GASOLINE SERVICE STATION Christy's Auto Service 5300 Dupont Ave N Davies Water Equipment Co. 4010 Lakebreeze Ave N MacMillan Bloedel 4810 N. Lilac Drive Neil's Superette 1505 69th Ave N SuperAmerica #4058 1901 57th Ave N SuperAmerica #4160 6545 West River Road Q� Q Wes' Amoco 6044 Brooklyn Blvd yC ICJ City Clerk Zk- MECHANICAL SYSTEMS Rouse Mechanical, Inc. 11348 K -Tel Drive arp Heating and A/C 4854 Central Ave NE t- Building Official POOL AND BILLIARD TABLES C.D.L. 1317 Jefferson Highway Brooklyn Center Community Center 6301 Shingle Ck Pkwy Duds 'n Suds 6824 Humboldt Ave N Lynbrook Bowl 6357 N. Lilac Drive City Clerk )ax PUBLIC DANCE f Earle Brown Bowl 6440 James Circle � • City C lerk � �- RENTAL DWELLINGS O enewal: Biorn /Barbara Carson 6331, 6401 -25 Beard Ave N Sharon Fratzke 4201 Lakeside Ave N #208 Dakota's Children 5449 Lyndale Ave N Alan /Laurie Knudson 5547 Lyndale Ave N Gary/Danae Morrison 5104 E. Twin Lake Blvd Dan Whipp /Karen Barton 5127 E. Twin Lake Blvd T. L. Hartmann 1300 68th Lane N Director of Community Development TOBACCO RELATED PRODUCT Applebee's 1347 Brookdale Center Country Store 3600 63rd Ave N Drug Emporium 5900 Shingle Ck Pkwy Earle Brown Bowl 6440 James Circle Jerry's NewMarket 5801 Xerxes Ave N Neil's Superette 1505 69th Ave N SuperAmerica #4058 1901 57th Ave N SuperAmerica #4160 6545 West River Road Target 6100 Shingle Ck Pkwy es' Amoco 6044 Brooklyn Blvd City Clerk GENERAL APPROVAL: Yl Sharon Knutson, Deputy City Clerk