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Home My WebLink About1988 08-08 CCP Regular Session G� CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER AUGUST 8, 1988 7 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of 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. 6. Appproval of Minutes: a. July 25, 1988 - Regular Session 7. Presentations: a. Northwest Hennepin Human Services Council (7:05 p.m.) b. Fire Relief Association Bylaw Amendments (7:15 p.m.) *8. Appointment of Corridor Advisory Committee Membership -Anoka County Regional Railroad Authority *9. Appointment of Election Judges for 1988 Primary Election 10. Resolutions: *a. Authori the M and Cit g y i y Manager to Enter into an Agreement between the City of Brooklyn Center and North Hennepin Mediation Project, Inc. b. Establishing Project No. 1988 -14, Replacement of Concrete Sidewalks at Miscellaneous Locations, and Accepting Proposal for this Work -This item was submitted to the City Council on 7/25/88. The City Council tabled consideration of the matter to allow additional information to be submitted. That information is now provided for consideration by the City Council. *c. Declaring a Public Nuisance and Ordering the Removal of Shade Trees (Order No. DST 08/08/88) CITY COUNCIL AGENDA -2- August 8, 1988 *d. Amending he 1988 General Fund Budget to Provide g ro i g Funding for a Replacement Terminal and Printer in the Police Department e. Expressing Recognition of and Appreciation for the Dedicated Public Service of Ann Wallerstedt f. Amending the 1988 General Fund Budget to Provide Funding for a Study of the Probable Market Value Impact of the Proposed Bill Kelly Home Study Upon the Surrounding Neighborhood Properties 11. Ordinances: (7:30 p.m.) a. An Ordinance Amending Chapter 35 Regarding the Parking Requirement for Places of Public Assembly -This ordinance was first read on June 27, 1988, published in the City's official newspaper on July 7, 1988, and was offered for a second reading on July 25, 1988. The public hearing was opened on July 25, 1988, and continued to this evening's meeting. b. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles -This ordinance was first read on July 11, 1988, published in the City's official newspaper on July 21, 1988, and is offered this evening for a second reading. c. An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance -This ordinance was first read on July 11, 1988, published in the City's official newspaper on July 21, 1988, and is offered this evening for a second reading. 12. Planning Commission Item: a. Planning Commission Application No. 88009 submitted by Toys "R" Us requesting site and building plan approval to construct a 48,200 s f q t. toy store on the site of the retail building including C.O.M.B. located at 5425 Xerxes Avenue North and on the site of the Marc's Big Boy Restaurant -This item was recommended nd d for approval by the Planning Commission at its July 28, 1988, meeting. 13. Discussion Item: a. Public Works Performance Evaluation System b. Preliminary Review of 1989 Budget 14. Rental Dwelling License - 4010 65th Avenue North • *15. Licenses 16. Adjournment MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 25, 1988 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, and Bill Hawes. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Assistant Finance Director Charlie Hansen, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. Mayor Nyquist noted Councilmember Theis would be absent from this evening's meeting. INVOCATION _ The invocation was offered by Councilmember Lhotka. OPEN FORUM Mayor Nyquist noted he had received an open forum request from David Olsen. Mayor Nyquist noted the item Mr. Olsen wished to discuss was on the agenda, and he would like Mr. Olsen to speak during that agenda item. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Lhotka requested item 8b be removed. The City Manager stated the licenses should be approved with the license for Del -Air Heating & Air Conditioning omitted. RESOLUTIONS RESOLUTION NO. 88 -121 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSALS FOR FURNISHING OF MATERIALS AND RELOCATION OF STORM SEWER ON HALIFAX AVENUE NORTH - PROJECT NO. 1987 -22 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -122 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES • 7 -25 -88 -1- (ORDER NO. DST 07/25/88) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -123 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS, DELINQUENT PUBLIC UTILITY ACCOUNTS, AND DELINQUENT WEED REMOVAL ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -124 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1988 -04 (LOGAN AVENUE STREET IMPROVEMENT PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -125 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 1988 -05 (FRANCE AVENUE STREET IMPROVEMENT PROJECT), 1988 -06 (LAKEBREEZE AVENUE STREET IMPROVEMENT PROJECT), AND 1988 -07 (50TH AVENUE STREET IMPROVEMENT PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -126 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ACQUISITION OF TITLE AND POSSESSION AND SETTING THE APPROVED APPRAISAL OF VALUE PURSUANT TO MINNESOTA STATUTES, SECTION 117.042 FOR THE PEDESTRIAN /BICYCLE TRAILWAY ON 57TH AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: GARBAGE AND REFUSE COLLECTION VEHICLE 7 -25 -88 -2- Gallagher's Service, Inc. 1691 91st Ave. NE Metro Refuse 8168 W. 125th Street Willman Trucking, Inc. 62 - 26th Ave. N. ITINERANT FOOD ESTABLISHMENT Brooklyn Center Park & Recreation Central Park RENTAL DWELLINGS Initial: Stephen & Karen Cook 5306 Russell Ave. N. Janet M. Schenk 3118 67th Ave. N. Renewal: Lloyd J. Waldusky Georgetown Park Townhouses Olympic Electric Lyn River Apartments Douglas Bistodeau 5541 Emerson Ave. N. Jay Showalter 6742, 44 France Ave. N. Roland Scherber 7212 Newton Ave. N. Richard T. Stallman 1215 54th Ave. N. Douglas & JoMarie Hentges 5206 63rd Ave. N. Harshad Bhatt 7206, 12 West River Road The motion passed unanimously. APPROVAL OF MINUTES - JULY 11 1988 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the minutes of the July 11, 1988, City Council meeting. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Establishing Project No. 1988 -14; Replacement of Concrete Sidewalks at Miscellaneous Locations, and Accepting Proposal for this Work. Councilmember Lhotka inquired how old the sections of sidewalk are. The Director of Public Works noted in some areas the sidewalk is 20 to 30 years old and is badly deteriorating. Councilmember Lhotka inquired how heavy the usage was of the sidewalks. The City Manager noted the City Y g Y P lows these sidewalks in the winter because children use them to et to Evergreen Park g g School. Councilmember Lhotka inquired why the areas at Shingle Creek Parkway and Freeway Boulevard needed to be replaced. The City Manager noted there had been settlement of these approach panels since the bridge installation. The Director of Public Works went on to briefly review slides which showed the three areas for replacement. Councilmember Lhotka asked what the breakdown of costs would be between the bridges and the neighborhood. The Director of Public Works stated it would be approximately 50/50. Councilmember Lhotka inquired if the neighborhood was in favor of this project. He noted he would not be happy if people were walking along his side yard. He added if the neighborhood is in favor of the project, then he feels the City should go ahead. The Director of Public Works stated the project was initiated because of a specific request, and on the day he was taking the pictures of this area he was stopped by three people who expressed their appreciation that the City was going to have this area repaired. 7 -25 -88 -3- Councilmember Lhotka stated he would like to have staff survey the neighborhood to see if the entire neighborhood is actually in favor of the project. He added he would like to see this item tabled. There was a motion, by Councilmember Lhotka and seconded by Councilmember Scott to table a Resolution Establishing Project No. 1988 -14; Replacement of Concrete Sidewalks at Miscellaneous Locations, and Accepting Proposal for this Work to allow staff time to notify the residents and also to identify the costs of abandoning this sidewalk area and replacing it with sod. The motion passed unanimously. 1987 AUDIT REPORT The Finance Director noted this is the first year the City has had Deloitte Haskins & Sells prepare the financial audit report for the City. He gave a brief summary of the report and noted Mr. Robinson of Deloitte Haskins & Sells was present this evening to speak to the Council. Mr. Robinson stated the City Council and staff should use the report his company prepared as a good reference for the future. He added he would like to see the schedule accelerated next year so the report could be completed in a more timely manner. He went on to briefly review the report and some of the suggestions made by his company. The City Manager stated staff would like to prepare a written evaluation of the report which would include cost impacts of some of the suggestions. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Establishing Project and Ordering Engineer's Report - Installation of Concrete Sidewalks on Two Segments of Humboldt Avenue North, Improvement Project No. 1988 -17. The Director of Public Works stated the administrative traffic committee did receive requests for these two sidewalk segments. He went on to briefly review the two segments. He noted it would be necessary to acquire additional easement on the southerly portion or else move the sidewalk approximately three feet towards the street. He noted on the segment from 69th and Humboldt Avenues south the current tenant supports the sidewalk, but staff is not sure what the actual owner thinks. He noted the action requested this evening is adoption of the resolution which would initiate the project and allow time for further investigation and reports. The Director of Public Works noted in the segment of sidewalk from Woodbine and Humboldt Avenues North to 73rd Avenue North the City would have to negotiate an additional three foot easement to align the sidewalk with the rest of the sidewalk on Humboldt Avenue North, south to 69th Avenue North. He noted letters have been sent to the property owners in question. Mayor Nyquist recognized David Olsen, 1501 73rd Avenue North. Mr. Olsen stated he and the other affected property owners are not in support of this segment of sidewalk. He stated over the past few days his son has counted the number of people walking along this area and he noted at least half the people in this area are catching the MTC bus. He stated he and his neighbors are fairly convinced that if the bus stop was not located on this segment of the street, there would be very little traffic in this area. He added he is also concerned about the noise from the buses and added there are no bus stops between this stop and the one on Brookdale Drive in Brooklyn Park. He stated he would like to see this segment of the sidewalk project tabled. Councilmember Scott stated 7 -25 -88 -4- the City Council did object to the change of the MTC bus schedule when it occurred, however, the City has no powers over the MTC. She noted if Mr. Olsen and his neighbors would like to have the route changed, a petition should be circulated and presented to the MTC. The City Manager pointed out passage of this resolution only initiates the project and authorizes further study and analysis of the project. He noted Mr. Olsen' points would be taken into consideration. RESOLUTION NO. 88 -127 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT AND ORDERING ENGINEER'S REPORT - INSTALLATION OF CONCRETE SIDEWALKS ON TWO SEGMENTS OF HUMBOLDT AVENUE NORTH, IMPROVEMENT PROJECT NO. 1988 -17 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 6 of the City Ordinances Regarding Administrative Code. He noted this ordinance was first read on June 27, 1988, published in the City's official newspaper on July 7, 1988, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 6 of the City Ordinances Regarding Administrative Code and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on An Ordinance Amending Chapter 6 of the City Ordinances Regarding Administrative Code. The motion passed unanimously. ORDINANCE NO. 88 -14 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 6 OF THE CITY ORDINANCES REGARDING ADMINISTRATIVE CODE The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 35 Regarding the Parking Requirements for Places of Public Assembly. He noted this ordinance was first read on June 27, 1988, published in the City's official newspaper on July 7, 1988, and is offered this evening for a second reading. He noted this would change the parking requirements relative to movie theaters in shopping centers. He added the first reading of the ordinance was passed on a three -to -two vote and a four vote majority would be required on the second reading. The City Manager explained that this item was originally triggered by discussions with Brookdale Square, UA Theater, and Cinema owners. He noted there is a representative here this evening to answer the Council's questions. Mayor 7 -25 -88 -5- Nyquist inquired if the City ordinances define retail shopping complexes. The Director of Planning and Inspection stated there is no specific definition for retail shopping complexes other than a group of stores on the same property which are connected. He noted a retail shopping complex could be sized anywhere from the size of St. Paul Book and Stationery all the way up to Brookdale. Councilmember Lhotka noted he originally objected to this amendment because he believed the City was looking into it because the developer had expressed an interest in doing something with these properties. He added after discussions with the staff his concerns have basically been cleared up. He explained Councilmember Theis also had some concerns regarding this amendment which should be addressed, however, Councilmember Theis is absent from the meeting. The City Manager stated the public hearing could be opened this evening and continued to the next Council meeting. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 Regarding the Parking Requirements for Places of Public Assembly. He recognized Bob Larson, owner of Brookdale Square. Mr. Larson stated he would like to be able to open up the two parking lots creating a driveway through Brookdale Square and the General Cinema property. He noted this. would ease the flow of traffic out of the Shingle Creek Parkway exit and added that people are already using this area and driving over the existing curbs. The City Manager noted staff had originally discussed placing a public roadway through this area. He noted the engineering department is conducting a study of the needs of traffic signals at the main entrance on Shingle Creek Parkway. Mr. Larson explained this plan could benefit both the City and Brookdale Square. The City Manager explained the City has done flyovers of this area during the Christmas. season and are confident the parking requirements under the ordinance amendment would still allow for substantial parking stalls. Councilmember Scott stated she has some concerns with how the traffic flow would be handled to avoid problems within the parking lot. She added she would like Mr. Larson to be very cautious when developing his plans for the planning commission., Councilmember Lhotka inquired when a traffic signal on Shingle Creek Parkway would be installed. The Director of Public Works stated at this point the amount of traffic on Shingle Creek Parkway entering the complex does justify the need for a signal, but staff feels if this plan is approved and the parking lot is opened up there may not be as great a need for the signal. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to continue the public hearing on An Ordinance Amending Chapter 35 Regarding the Parking Requirements for Places of Public Assembly until the August 8, 1988, City Council meeting. The motion passed with Councilmember Hawes opposed. The City Manager presented An Ordinance Vacating a Portion of Xerxes Avenue North between 68th Avenue North and the Northerly Line of Block 1, Elsen's City View and Third Addition. He noted this ordinance is offered this evening for a first reading. He noted the request has been submitted by the owner of the property which abuts the deadend portion of Xerxes Avenue North which lies north of 68th Avenue North. He explained this section of street was originally platted with the intent that it be extended northerly to 69th Avenue North. He 7 -25 -88 -6- noted all properties to the north and east of the deadend street have been platted and developed without providing for such an extension, and the only property served by the street is the property owned by the petitioner. The Director of Public Works stated there appears to be no need to retain the street easement across this property and vacation of the street easement will eliminate the City's responsibility to provide maintenance of what operates as a private driveway. He added it would also allow the petitioner to exercise access control over that property. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Vacating a Portion of Xerxes Avenue North between 68th Avenue North and the northerly line of Block 1, Elsen's City View and Third Addition and setting the public hearing date for August 22, 1988, at 7:30 p.m. The motion passed unanimously. The City Manager presented An Ordinance Vacating Part of a Utility Easement in Lot 1, Block 3, Donnay's Brooklyn Gardens Second Addition. He noted this ordinance is offered this evening for a first reading. The Director of Public Works went on to review the location of the property and noted in 1959 Mr. Hammerland did receive a quit claim deed from the City of Brooklyn Center for the south 10 feet of a 15 foot easement on the north line of his property. He noted the deed was not correctly executed and had not been filed at the County. He went on to note that it is too late to fully execute that document since the documentation relating to the execution of the quit claim deed cannot be found. He stated it appears the easiest solution is to reinitiate the process by vacating the easement. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve for first reading An Ordinance Vacating Part of a Utility Easement in Lot 1, Block 3, Donnay's Brooklyn Gardens Second Addition and setting a public hearing date of August 22, 1988, at 7:30 p.m. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:48 p.m. and reconvened at 9 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 88008 SUBMITTED BY JOHN WERNER REQUESTING VARIANCE APPROVAL TO ALLOW TRANSFER OF LAND BY METES AND BOUNDS SUBDIVISION AT 6811 AND 6827 COLFAX AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its July 14, 1988, meeting. The Director of Planning and Inspection referred the Council to the Planning Commission minutes of July 14, 1988, pages one and two. He explained that the applicant currently owns both pieces of property and by transferring this small triangle of land both lots would be more squared out. The Director of Planning and Inspection stated the City does allow subdivisions by metes and bounds provided that no new buildable lots are created; the underlying land is platted property; and no lot or setback variances are implied. Mr. Werner explained he has a garden which is partially on the 6811 Colfax 7 -25 -88 -7- I Avenue North property. He stated if the land were transferred it would put all of the garden on the 6827 Colfax Avenue North lot and he would like this completed before he sells the other property. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 88008 submitted by John Werner requesting variance approval to allow transfer of land by metes and bounds subdivision at 6811 and 6827 Colfax Avenue North. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 88008. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 88008 subject to the following condition: 1. The City Council directs the City Assessor to amend the legal descriptions of 6811 and 6827 Colfax Avenue North to reflect the land transfer upon filing with the County of the proposed division. The motion passed unanimously. PLANNING_ COMMISSION APPLICATION NO 88007 SUBMITTED BY ROBERT ZAPPA REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 12 UNIT APARTMENT BUILDING ON THE LAND PRESENTLY OCCUPIED BY A FOUR -PLEX ADDRESSED AS 6637 HUMBOLDT AVENUE NORTH The Director of Planning and Inspection stated the applicant is not present, and he would suggest tabling this item until a later date. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to table consideration of Planning Commission Application No. 88007 submitted by Robert Zappa until a date when the applicant can be present. The motion passed unanimously. DISCUSSION ITEMS MEDIATION SERVICES The City Manager noted he and the Mayor have been working with the Directors of Mediation Services, however, the Mayor still has some concerns. Councilmember Hawes inquired what efforts are being made to obtain funding from other cities. Ms. Bonnie Lukes, Director of Mediation Services, stated the cities of Champlin, Brooklyn Park, and Maple Grove have been contacted regarding funding. Councilmember Hawes stated he was concerned and he felt mediation services should not be relying wholly on the cities but should be contacting businesses and individuals. Councilmember Lhotka inquired if the board is active in pursuing additional funding. Ms. Lukes stated currently this activity is being handled by the staff. She noted the budget for 1988 is $45,000. She added that Hennepin County contributes approximately half of this amount. Mayor Nyquist stated he would like to see more commitment from the private sector. Councilmember Lhotka added he felt the board could be doing more in the area of 7 -25 -88 -8- pursuing additional funding sources. He stated he would like to see more private sector involvement. The City Manager stated the City does have a service contract with Mediation Services, and the City has held up the first half year payment. He added he would like to take care of the first half commitment because the City has been using these services. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Establishing Project and Accepting Proposal to Provide Architectural Services for Civic Center Space Needs Study- Project No. 1988 -16, and Amending the 1988 General Fund Budget. The City Manager stated this analysis would help develop a preliminary report on the space needs for all City departmental functions in City Hall, and a similar analysis in the community center with special emphasis on a senior activity center and field house activities. He added it would also include cost estimates and a conceptual plan. Councilmember Scott inquired how long this study would take. The Director of Public Works stated it would take approximately six months. Councilmember Hawes inquired if the senior activity center and field house would be an attached or detached facility to the community center. The City Manager stated first an analysis would have to be done on whether or not there is enough land to build this facility and attach it to the community center or if additional land would have to be purchased. Councilmember Hawes inquired if it would be possible to purchase or lease space in the commercial and industrial buildings along Shingle Creek Parkway. The City Manager stated it could be possible depending upon the intended use. RESOLUTION NO. 88 -128 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT AND ACCEPTING PROPOSAL TO PROVIDE ARCHITECTURAL SERVICES FOR CIVIC CENTER SPACE NEEDS STUDY — PROJECT NO. 1988 -16 AND AMENDING THE 1988 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RECESS TO EDA MEETING The Brooklyn Center City Council recessed at 9:25 p.m. and reconvened at 9:55 p.m. DISCUSSION ITEMS (CONTINUED) CHANNEL DREDGING - MIDDLE AND LOWER TWIN LAKE The City Manager referred the Mayor and City Councilmembers to a letter from the City Manager of the City of Crystal regarding the recent dredging that has occurred between Middle and Lower Twin Lake. He noted this project was approved by the DNR and MNDOT and was paid for by the City of Robbinsdale. He stated the City of Crystal would like Brooklyn Center's support in having the channel filled in again. He noted staff does not believe that this adversely affects the lake level, however, it does allow the boats to travel between the two lakes. Councilmember Scott stated years ago the cities of Brooklyn Center and Robbinsdale worked hard to form a joint powers agreement to try and regulate activities on the lakes and the City of Crystal was not at all interested. i 7 -25 -88 -9- Councilmember Lhotka inquired when the City was notified of this project. The Director of Public Works stated the City was notified quite some time ago. Councilmember Lhotka stated he was upset that the City of Robbinsdale went ahead with the project without notifying Brooklyn Center or Crystal. The City Manager noted the channel could be filled back in but it does not seem to be the reasonable thing to do. He inquired if the Council would like the staff of the three cities to get together and discuss the Twin Lake area. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott directing the City Manager to meet with the staff of the cities of Robbinsdale and Crystal to discuss the Twin Lake area. The motion passed unanimously. LIGHT RAIL TRANSIT STUDY The City Manager stated the Anoka County Regional, Railroad Authority and the Hennepin County Regional Railroad Authority have agreed to undertake a comprehensive study of a light rail transit corridor which would link Anoka County with downtown Minneapolis. He noted in order to have the benefit of input from all affected communities and agencies, the railroad authorities are jointly forming advisory committees in three categories. He stated these three categories are basically the same as what was used before. He noted the City has been asked to appoint representatives to these three committees. Councilmember Scott stated she is not a proponent of the light rail transit system, and she feels the Twin City area is too far developed to begin thinking about light rail transit at this point. She added she feels this is a waste of money. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to appoint the City Manager to the technical advisory committee, to appoint Councilmember Lhotka to the intergovernmental advisory committee, and to solicit volunteers from the Hennepin County Light Rail Transit study for the corridor advisory committee. The motion passed unanimously. POLICE CAPTAIN SELECTION The City Manager explained during the budget process in 1987 the City Council approved contingency funds for a police captain position in 1988. In May of 1988, the City Council transferred funds from the contingency account to the police department budget for the captain's position and placed a hold on the final stages of the selection process. He stated staff is requesting the hold be removed from the selection process so the position can be filled by October 1, 1988. Councilmember Lhotka inquired if there would be any type of increase in the 1989 budget for this department. The Police Chief stated there has not been an increase requested for the 1989 budget. There was a discussion regarding what type of administrative duties the proposed captain position would be handling on the dog watch. Councilmember Lhotka inquired what the captain would be doing when he was not on the dog watch. The police chief stated he would be attending staff meetings, and filling in shifts when one of the other captains are on vacation. The City Manager stated he believes staff could make the commitment that the new police captain would spend an average of 70% of his time on the dog watch. Councilmember Scott inquired who is handling these duties at the present time. The Police Chief stated these r 7 -25 -88 -10- duties are being shared between the two captains and himself. Councilmember Scott stated she is concerned regarding the working hours of the third captain. She stated she wants to be sure the third captain will be on duty when he is most needed and that his services will be fully utilized. The Police Chief stated during the first year the police department will probably only realize half of the new captain's potential because of the necessary training. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka authorizing City staff to proceed with the captain's position selection process in the police department. The motion passed unanimously. FIRE RELIEF ASSOCIATION BYLAW AMENDMENTS The City Manager stated there are still some details that must be worked out between the relief association and the actuary. He stated staff is requesting this item be tabled until the August 8, 1988, City Council meeting. The Finance Director stated the Fire Relief Association has inquired whether the benefit changes could be retroactive to July 1, 1988, if they are approved. There was a general consensus among Councilmembers this could be done. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to table consideration of the Fire Relief Association Bylaw Amendments until August 8, 1988. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to ad'our n the J meeting. he motion passed unanimous) The g p y. Brooklyn Center. City uncil adjourned .m. Y d at 10:30 J . P City Clerk Mayor 7 -25 -88 -11- CITY OF BROOKLYN CENTER Council Meeting Date 8/8/88 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION • ITEM DESCRIPTION: Amendments to Fire Relief Association Bylaws. *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Director of Financ Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attache On June 13, the City Council received a request from the Fire Relief Association to make major changes to its benefits plans to be effective July 1, 1988. The City council directed the Association to amend its bylaws to provide for the S changes to the plan and submit the amendments to the City Council for approval at its July 25th meeting. On July 25th, because of unresolved questions on pension law, the Association requested, and the Council agreed, to an August 8 tabling. The amended bylaws, which are attached, were prepared by our legal counsel and will b e resented to the Council P c for approval Monday evening. Tom Galt, our legal counsel; members of the Relief Association; and I will be present to discuss the amendments and answer q uestions. Attachments TO: JERRY SPLINrTER CITY MANAGER FROM: RON BOMAN FIRE CHIEF QJ SUBJECT; RELIEF ASSOCIATION QUESTIONS DATE: JULY 12, 1988 I have listed below the contributions other cities make to there relief associations, in order to get amore complete picture I have also included the amount other cities pay for fire run pay and Brooklyn Centers duty or sleep in pay. Brooklyn Center is the only city in our mutual aid association that doesn't receive run pay, or pay for drills and work details. CITY PENSION RUN & DRILL TOTAL CITY CONTRIBUTION PAY CONTRIBUTION NEW HOPE $14,500 $112,500 $127,000 CRYSTAL $40,484 $65,000 $105,484 PLYMOUTH $15,000 $106,000 $121,000 BROOKLYN PARK $12,000 $98,000 $110,000 FRIDLEY FULLY FUNDED $86,000 $86,000 IN 1987 BROOKLYN CTR. $26,743 $46,200 $72,943 PENSION BENIFITS PAID NEW HOPE $300 PER MONTH AFTER 20 YEARS $450 PER MONTH AFTER 30 YEARS OPTION TO TAKE LUMP SUM @ $2,350 PER YEAR OF SERVICE CRYSTAL $300 PER MONTH AFTER 20 YEARS $450 PER MONTH AFTER 30 YEARS OPTION TO TAKE A LUMP SUM @ $2,400 PER YEAR OF SERVICE PLYMOUTH $480 PER MONTH AFTER 20 YEARS $720 PER MONTH AFTER 30 YEARS OPTION TO TAKE A LUMP SUM @ $2,400 PER YEAR OF SERVICE BROOKLYN PARK DEFINED CONTRIBUTION TO EACH INDIVIDUALS PERSONAL ACCOUNT, AUTOMATICALLY INCREASED EACH YEAR BY THE SAME AMOUNT OF PAY INCREASE GIVEN TO NON UNION • CITY EMPLOYEE'S FRIDLEY DEFINED CONTRIBUTION PENSION PLAN • The median age of the Brooklyn Center Fire Department is 37 years, with youngest member at age 20 and the oldest at age 55. We have 21 members that will have 25 years in before they reach the age of 48, or seven (7) years before they would have to retire under the present system of retirement at age 55. One of the main reasons for allowing firefighters to continue to accumulate pension up to 30 years is that we are having more persons joining the fire department at a younger age. All members of the Brooklyn Center Fire Department are required to maintain 25% of all calls the fire department receives and 33% of his expected or assigned fire calls, during the last two years we have responded to over 500 fire calls each year. All firefighters are broken into two categories, day and weekend or night and weekend firefighters. In addition all members must attend drills, meetings and work details, we have drills and meetings scheduled every Monday night, every member must make 50% of the work details scheduled for the year, and cannot miss more that two (2) drills in a row. Failure to make your assigned calls, drills and work details subjects a member to disciplinary action, usually a 30 day suspendation from the Fire Department, two (2) suspendations in a 12 month period will result in termination from the Fire Department. The exceptions are for • vacations and sickness. All of our firefighters are evaluated on on the above criterion on a quarterly basis. All members of the Brooklyn Center Fire Department must be able to function in any area of fire suppression, at any given time their job can vary such as nozzelman, pumper operator, ventilation or salvage and overhall, or they have to know how to use or emergency equipment such as the Hurst tool and airlift bags ect. After responding to a fire or emergency all equipment must be cleaned and put back on the engines, so we are ready to respond to the next call. It generally takes as much time to put the equipment back in operating condition as is spent on the fire of emergency, if we spend 2 hours at the fire it will take us another 2 hours cleaning airmasks, relaying and washing hose and putting the engines back in shape. During the past year the average member of the Brooklyn Center Fire Department responded to 259 fire emergencies, 3 drills and meetings and 4 work details, for average of 420 hours devoted a year to the fire department or an average of 35 hours per month. This figure doesn't include extra duties some members take on such as the dive rescue team, the rope rescue team, working during fire prevention week and attending schools outside our fire department. Our work details include cleaning, waxing of • all fire department equipment, washing and rolling fire hose, cleaning the apparatus room area and doing minor repairs on the fire engines and mounting equipment ect. R . ARTICLE VII. BENEFITS Section 1. Definitions. For the purpose of 'these Bylaws the terms defined in this section shall have the following meanings ascribed to them: (1) " Member " means a person who is currently enrolled as an active firefighter in the Fire Department, and who belongs to the Brooklyn Center Fire Department Relief Association. (2) " Retired member means a former member, (a) who has retired from the Fire Department; and (b) who has had an active period or periods of service in the Fire Department of 20 years or more, although such service need not be continuous; and (c) who has reached the age of 50 years or more; and (d) who has retired after June 30, 1988. (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 reached the age of 50 years or more; and (d) who has retired after June 30, 1988. (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 years or more, although such service need not be continuous; and (c) who has not reached the age of 50 years or more; and (d) who has separated from the Fire Department after June 30, 1988. (5) " 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. 2 - (6) " Surviving spouse means any person who was the depen- dent 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. (7) " Surviving child or children_ means a member's, retired member's, early retired member's, or a deferred pen- sioner'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 duly 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 on the Fire Department. (8) " Years of service or " years of active service means completed years of service with the Fire Department from the date of appointment as a probationary member of the Fire Department to the date o separation trom 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. (9) "Fire Department" means the City of Brooklyn Center Fire Department. Section 2. Service Pensions. (1) Basic Service Pension for Retired Members. Upon approval of an application therefor, a monthly service pension of $22.50 per month 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. (2) Basic Service Pension for Previously Retired Member. Effective July 1, 1988, 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, shall be increased by ten percent (10 %). 3 - (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 de- ferred 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 multiplied by such person's years of active service with the Fire Department and further multiplied by the decimal equivalent of the applicable percentage determined from the following table: Years of Applicable Service Percentage • 10 60 11 64 12 68 13 72 14 76 15 80 16 84 17 88 18 92 19 96 20 100 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 4 - person's service pension in the form of a lump sum . distribution. The amount of such lump sum distri- bution shall be equal to the product of (i) $3,000 multiplied by (ii) the number of completed years 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 by multiplying the amount otherwise determined in this Section 3(2) by the applicable percentage specified in the schedule set forth in Section 2(4) above. (3) Joint and 100% Survivor. The basic service pension defined in Sections 2(1), (3) or (4) above is adjusted to provide a survivor's benefit for such member's spouse equal to the amount of the adjusted monthly benefit payable to such member. The adjusted monthly benefit payable to such member equals the product of (i) the monthly service pension otherwise determined under Sec- tions 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. The adjusted monthly benefit payable to such member equals the product of (i) monthly service pension otherwise determined under 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 5 - • (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 Section 2 above first become payable, the spouse of the person entitled to receive those benefits must consent in writing to the election of the form of payment. The spouse's signature must be notarized. (6) Commencement Date of Benefits All payments will commence on the latter of (i) the first day of the first calendar month immediately following the calendar month during which the retired member, deferred pensioner or early retired member attains age 50, or (ii) first day of the calendar month which immediately follows the calendar month in which the Board of Trustees approves an applica- tion for benefits. Section 4. Survivor's Benefits. Upon the death of a • member after June 30, 1988, or upon the death of a deferred pensioner or early retired member who withdrew from active service after June 30, 1988, 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, 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 of 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. 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 Sections 3Q) and (4) above. Section 5. Children's Benefits. i (1) Upon the death of a member, early retired member or deferred P ensioner who is survived by a spouse and children and if such spouse is entitled to receive a 6 - • survivor's benefit pursuant to Section 4 above, then an additional benefit equal to 25 percent of the surviving spouse's monthly benefit shall also be paid to the surviving spouse for each surviving child until each respective child reaches the age of 18 years; provided, however, that the total additional payment to the surviving spouse for the benefit of the children under this Section shall not exceed 100 percent of the amount of the spouse's own benefit; provided, further, that if the surviving spouse elects to receive a distribution of such survivor's benefits in the form of a lump sum distribution, then no additional benefits shall be payable to such spouse for the benefit of such deceased member's children. (2) Upon the death of a retired member who separated from active service with the Fire Department after June 30, 1988, 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 pension- er 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 representative of the estate of such deceased member, retired member, previ- ously 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. Applica- tions shall be verified by an oath of the applicant and shall state the following: • (a) The age of the applicant; 7 - '� (b) The period of service in and the date of retirement from the Fire Department; (c) The length of time the applicant has been a member of this Association; and (d) Such other and further information as the Board of Trustees may require. Every application for a pension or other benefits afforded any member of the Brooklyn Center Fire Department Relief Association by law or by these Bylaws should be made to the Board of Trustees of the Brooklyn Center Fire Department Relief Association within six months of the day upon which the member, retired member, early retired member, previously retired member or the surviving spouse, or the surviving children of a member, retired member, early retired member, previously retired member, or deferred pensioner first became entitled to receive a pension or benefit pursuant to law or these Bylaws. If an application for benefits is submitted to the Board of Trustees within such six (6) month period, then upon 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 quali • fied 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 previ- ously 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 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 Applications. (a) No benefits or pensions shall be paid until an applica- tion therefor has been approved by the Board of Trust- ees. When consistent with applicable laws, decisions 8 - of the Board shall be final as to the payment of such benefits or pensions, and if the Board deems it for the best interest of the Association, it may suspend or reduce the amounts paid for benefits or pensions. No person receiving a pension shall be paid any other benefits by this Association except as 'otherwise specifically provided herein. (b) All payments required or provided for by law, or the Articles of Incorporation, or by the Bylaws of the Relief Association shall be rounded to the nearest whole dollar amount. ARTICLE IX. DISCONTINUANCE OF VOLUNTEER FIRE DEPARTMENT Section 1. Lump Sum Benefits In the event that the services of all volunteer firefighters are discontinued or, the volunteer division of the City of Brooklyn Center Fire Department is abolished, then the volunteer firefighters who are members of the Association at the time of such discon- tinuance and abolition may elect to be paid a service pension in a lump sum, in lieu of all other benefits provid- ed in these bylaws, in an amount equal to the product of (i) $3,000 multiplied by (ii) the number of completed years 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 o sufficient assets to pay such lump sum benefit and any other benefits then accrued, and in the event that the Associa- tion's assets are insufficient to pay all such benefi claims, then the only assets available to pay such lump sum benefits to those persons having less than 10 years servic with the Fire Department shall be those assets in excess o the actuarially determined amount necessary to pay those benefits which were accrued as of the date of such discon- tinuance 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 fire- fighter'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 volun- teer, and benefits under the full -time retirement program of the City shall be paid for the time spent as a paid fire- fighter. 0007by01.h44 LeFevere Lefler Kennedy O'Brien k Drawz a Professional Association 2000 First Bank Place West August S t 3 1988 Minneapolis g , Minnesota 55402 Telephone (612) 333 -0543 Mr. Paul W. Holmlund Director of Finance Telecopier (612) 333 -0540 City of Brooklyn Center John E. Drawz J. Dennis O'Brien 6301 Shingle Creek Parkway Brooklyn Center MN 55430 David J. Kennedy Y i Joseph E. Hamilton John B. Dean Mr. Jim McClure Glenn E. Purdue Brooklyn Center Fire De Richard J. Schaeffer Y Dept. Charles L. LeFevere Relief Association Herbert P. Lefler III 6318 Brooklyn Drive James J. Thomson, Jr. Brooklyn Center Thomas R. Galt Y , MN 55430 Steven B. Schmidt John G. Kressel Ms. Vicky A. Slomiany James M. Strommen The Wyatt Company Ronald H. Batty Y William P. Jordan Suite 15 2 5 William R. Skallerud 8400 Normandale Lake Blvd. y D. Anderson W A. Heine Minneapolis, MN 55437 D. Beaudoin Steven M.Tallen Re: Proposed Revision to Articles VII -IX of Bylaws of Mary Frances Skala Leslie M. Altman Brooklyn Center Fire Dept. Relief Association Timothy J. Pawlenty Rolf A.Sponheim Dear Gentlemen and Ms. Slomiany: Julie A. Bergh Darcy L. Hitesman David C. Roland Enclosed, please find a revised version of the Bylaw Karen A.Chamerlik amendment which I am submitting to you for your review. Paul D. Baertschi Arden Fritz The enclosed draft reflects various comments which I have received and discussed with each of you. Clayton L. LeFevere, Retired Herbert P. Lefler, Retired I am submitting the enclosed amendment to you in anticipa- tion of the City council meeting on Monday, August 8, 1988. If you have any questions or comments, I would appreciate hearing from you as soon as possible. For your convenience, I have also enclosed a "marked" copy showing the changes from the existing Bylaws. Very truly yours, LeFEVERE, LEFLER, KENNEDY, O'BRIEN AND DRAWZ Thomas R. Galt Enclosures 0007lt01.h44 ARTICLE VII. BENEFITS Section 1. Definitions. For the purpose of these Bylaws the terms defined in this section shall have the following meanings ascribed to them: (1) " Member " means a person who is currently enrolled as an active firefighter in the Fire Department, and who belongs to the Brooklyn Center Fire Department Relief. Association. (2) " Retired member means a former member, (a) who has retired from the Fire Department; and (b) who has had an active period or periods of service in the Fire Department of 20 years or more, although such service need not be continuous; and (c) who has reached the age of 50 years or more; and (d) who has retired after June 30, 1988. (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 reached the age of 50 years or more; and (d) who has retired after June 30, 1988. (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 years or more, although such service need not be continuous; and (c) who has not reached the age of 50 years or more; and (d) who has separated from the Fire Department after June 30, 1988. (5) " 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. 2 - (6) " Surviving spouse means any person who was the depen- dent 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. (7) " Surviving child or children means a member's, retired member's, early retired member's, or a deferred pen- sioner'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 duly 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 on the Fire Department. (8) " Years of service or " years of active service means completed years of service with the Fire Department except for periods during which a person was on a leave of absence or under suspension from the Fire Depart- ment. (9) "Fire Department" means the City of Brooklyn Center Fire Department. Section 2. Service Pensions. (1) Basic Service Pension for Retired Members. Upon approval of an application therefor, a monthly service pension of $22.50 per month 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. (2) Basic Service Pension for Previously Retired Member. Effective July 1, 1988, the service pension for a previously retired member 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 I - 3 - 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 multiplied by such person's years of active service with the Fire Department and further multiplied by the decimal equivalent of the applicable percentage determined from the following table: Years of Applicable Service Percentage 10 60 11 64 12 68 13 72 14 76 15 80 16 84 17 88 18 92 19 96 20 100 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 distri- bution shall be equal to the product of M $3,000 multiplied by (ii) the number of completed years of active service with the Fire Department provided, however, that for purposes of computing such lump sum distribution, no person shall be 4 - �� 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 th-e manner provided in Section 2(4) above by multiplying the amount otherwise determined in this Section 3(2) by the applicable percentage specified in the schedule set forth in Section 2(4) above. (3) Joint and 100% Survivor. The basic service pension defined in Sections 2(1), (3) or (4) above is adjusted to provide a survivor's benefit for such member's spouse equal to the amount of the adjusted monthly benefit payable to such member. The adjusted monthly benefit payable to such member equals the product of (i) the monthly service pension otherwise determined under Sec- tions 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. The adjusted monthly benefit payable to such member equals the product of (i) monthly service pension otherwise determined under 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 - (5) Consent of Spouse Required If the member is married on the date when any benefits payable under Section 2 above first become payable, the spouse of the person entitled to receive those benefits must consent in writing to the election of the form of payment. The spouse's - signature must be notarized. (6) Commencement Date of Benefits All payments will commence on the latter of (i) the first day of the first calendar month immediately following the calendar month during which the retired member, deferred pensioner or early retired member attains age 50, or (ii) first day of the calendar month which immediately follows the calendar month in which the Board of Trustees approves an applica- tion for benefits. Section 4. Survivor's Benefits. Upon the death of a member after June 30, 1988, or upon the death of a deferred pensioner or early retired member who withdrew from active service after June 30, 1988, 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, 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 of 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. 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 Sections 3(4) 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 survivor's 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 6 - surviving spouse for the benefit of the children under this Section shall not exceed 100 percent of the amount of the spouse's own benefit; provided, further, that if the surviving spouse elects to receive a distribution of such survivor's benefits in the form of a lump sum distribution, then no additional benefits - shall be payable to such spouse for the benefit of such deceased member's children. (2) Upon the death of a retired member who separated from active service with the Fire Department after .Tune 30, 1988, 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 pension- er 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 representative of the estate of such deceased member, retired member, previ- ously 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. Applica- tions 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 7- (d) Such other and further information as the Board of Trustees may require. Every application for a pension or other benefits afforded any member of the Brooklyn Center Fire Department Relief Association by law or by these Bylaws should be made to the Board of Trustees of the Brooklyn Center Fire Department Relief Association within six months of the day upon which the member, retired member, early retired member, previously retired member or the surviving spouse, or the surviving children of a member, retired member, early retired member, previously retired member, or deferred pensioner first became entitled to receive a pension or benefit pursuant to law or these Bylaws. If an application for benefits is submitted to the Board of Trustees within such six (6) month period, then upon 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 quali- fied 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 previ- ously 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 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 Applications. (a) No benefits or pensions shall be paid until an applica- tion therefor has been approved by the Board of Trust- ees. When consistent with applicable laws, decisions of the Board shall be final as to the payment of such benefits or pensions, 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 8 - benefits by this Association except as otherwise specifically provided herein. (b) All payments required or provided for by law, or the Articles of Incorporation, or by the Bylaws of the Relief Association shall be rounded to the nearest whole dollar amount. ARTICLE IX. DISCONTINUANCE OF VOLUNTEER FIRE DEPARTMENT Section 1. Lump Sum Benefits In the event that the services of all volunteer firefighters are discontinued or, the volunteer division of the City of Brooklyn Center Fire Department is abolished, then the volunteer firefighters who are members of the Association at the time of such discon- tinuance and abolition may elect to be paid a service pension in a lump sum, in lieu of all other benefits provid- ed in these bylaws, in an amount equal to 35 percent of the product of (i) $3,000 multiplied by (ii) the number of completed years of active service rendered in the Fire Department by such member prior to such discontinuance and abolition; provided, however, 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 fire- fighter'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 volun- teer, and benefits under the full -time retirement program of the City shall be paid for the time spent as a paid fire- fighter. 0007by01.h44 Y This redlined draft, generated by CompareRite - The Instant Redliner, shows the differences between - original document : /DW3 /H44/0007MSO1.H44 and revised document: /DW3 /H44/0007BY01.H44 Deletions appear as overstruck text Additions appear as underlined text t 2 _ r ARTICLE VII. BENEFITS Section 1. Definitions. For the purpose of these Bylaws the fern terms defined in this section shall have the following meanings ascribed to them: (1) " Member " means a person who is currently enrolled as an active firefighter in the Fire Department, and who belongs to the Brooklyn Center Fire Department Relief Association. (2) " Retired member means a former member, (a) who has retired from the Fire Department of --tore Gi ty - ef - Breeklyn- Geneer Minnesefa; and (b) who has had an active period or periods of service in sueh t he Fire Department of 20 years or more, although such service need not be continuous; and (c) who has reached the age of 50 years or more; and (d) who has retired after Dee ember- 33. -- 148-4: June 30, 1988. (3) " Early retired member means a former member (a) who has retired from the Fire Department of - -tire Gi ty - ef - Breeklyn- GeneerT Minnesefa; and (b) who had an active period or periods of service in seeh 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- Beeember- 317 -1984- +4 } -- Deferred - pensioner -- means- a- feL-mer- member -Fa }- gyro-- has -- sepaL-aeed -€ -roar- -tore- F- r-e-- Bepartmesf- o-f- -t4re- -C-i-t-y-ef Breeklyn EeneerT- Minnesefa ; - and 4b } who 4has - h*& an - a-et - per iod - e -r fre - r4-e� - o-f--&e-r-viee-- fFr - sueh F ire - of- -2-0- wee -r-s- -err -me re T - n e e d nee- be- eenfineeus- -and reached the age of 50 years or more; and (d) who has retired after June 30, 1988. (4) "Deferred pensioner" means a former member, (a) who has separated from the Fire Department; and 3 - (b) who has had an active period or periods of service in the Fire Department of 20 years or more, although such service need not be continuous; and (c) who has not reached the age of 50 years or more; and (d) who has separated a €ber- iez.�;� al- r -3 -9$-4 . from the Fire Department after June 30, 1988. (5) " 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. (6) " Surviving spouse means blue- s��►i�ig- T,n- �,v- Pr-- w-if -e e € --a any person who was the dependent spouse of a deceased member, retired member, a -de -fe -rimed- t>efrsiotre� er- an-- early- -r-e-t3rr -ed-- member- motto-- *ee-- IA-vi-rrg- the firefighter- - sae_ - fire € lghter- jmas-- oii•- ae ~ti- ve- daty- 3-n- -t4re-- FL!-r-e -Department e€- -t-he-- Ei- t-y- --&€- Breeklye- QefAtT -7- 444- r� ra- r-- alt& -irrr -the ease - e- early- --tee -t iced--- yea►�e��--- w14o- -- eta- s-- -x�a�� €eel - -�-o-- -the € ire €ighter - three- a -r-ffter-e- - e- -be-€o- -eke- fire €#ghter le €b- -a•e-ti-kx,—_ -duty 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. The-- t-e-r-m- "-ers- i -i g - epee9e - -e •4-1 -- eon- 4-ne- I-ude-- a-- surv1 ving speese -wipe- was -net- legally- residing- with- the "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, de€ erred- pefkS3i>neT7-- or --an- early- -re•- 3 -red -inefftber - at- - €lie time- a €- firefighter's- deathT f i-n-g- -614-1 -d- -or - ehllelree" -- means•- -a- - ffte;� '$-�-- retlred memberisT- early -reb# red - member= sT- er -a -de €erred -pens # eeer = a -ehi+d e - ei�ilel ee -e�de - - lire -- age --c f& -18-- yea -r- raft& -41t& -were - living -wblle early retired member, or deferred pensioner served on active duly with the Fire Department or who were born within nine months after the deceased member, retired member, early retired member, or deferred pensioner served -- cirr• -aet} tie-- dtrt�-- wl�b -- tire- -E #b�* --cam B�ee�ly�, --C- eat- e- �- �'i�e- 9ega�• �r�ea�--• o-r-- wl�e- �r- e-- be��-- w- i- t- lri- n- -r�lae meebhs -a €•tee -t- Ire - de tired member7- a -r- 4e-f- er -re-d--per - i- o-rre- r --wras had withdrawn from active duty on the Fire Department. 4 - A} }- . wee-- a €- -a4rs —e = --&r- - a tie peeeiiee-- e4ia- 1- 1-- ]Be -- e*c44ided - -4s eexflputiag- the- peried- a €- serviee - (8) "Years of service" or "years of active service" means completed years of service with the Fire Department except for periods during which a person was on a leave of absence or under suspension from the Fire Department. (9) "Fire Department" means the City of Brooklyn Center Fire Department. Section 2. Service Pensions. (1) Basic Service Pension for Retired Members. Upon approval of the an application therefor a monthly service pension of X399- pew -ei $22.50 per month 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.---- -I* - - -t-he d4sereties -e €- the - Beard -e €- Trustees -a- sum- net- emeeedisg l - per- iaeTrt*- -f-o-n- -e`ae` i-- yearm -e € -&v -err - -2 8 is- -t -h e-- '3 -r-e- tiftent - o-f-- t-te- C-rt-y- o €- Breek- Iga- GesterT MinnesetaT- may -be- added -te- this- ameuntT- bUt -4s -se -event shall- the - tetal- ameust- paid - per- mesth- emeeed- the - seen -e€ $376- B € €eet4e- date -3-, -- 1-985 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. (2) Basic Service Pension for Previously Retired Member. Effective July 1, 1988 the service pension for a previously retired member shall be increased by ten per eest- 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 de- ferred pension roll as a deferred pensioner and shall be entitled to receive ea4d the basic service pension described in Section 2(1) above upon reaching the age of 50 years and making application therefor. Upes- t- h- e- o€-- &- ret4 red- -aeffbe-r - -and - l >pr-& 1 --04- -the Beard - a €- TrusteesT- the - said- serviee- pessien- may -be- paid -is -a the - annual- base- seryiee- pens4es- provided -by- these - Bylaws- €er eaeh -J-e�- -o- - aeti- Ye- s- e-r-%4�e- =i-rt- - the- -FA re- tgae #_ -o-€ -the 5 - E} y- a €-- B- r�ro-k3- rr��rte� :- -�a-i- 1uiRp-- stj�-P.ayinerl-� - lie -is }€ ea-- o-f-- aII- -ri- g4rt-s-- €e- -f- uT- t4rer -- serer €ee --pe-r e4rorr•-- aary €Y}fig speuse's- bese €4bs - and- eh4ldres's- bese €4bs - See €4es -3 . -- ' -- Jerre -fL- tome.- -U-p� -t-he- death- e4 --a- 6er- r- €lie s um- e € -• - 340- -pe- r-- t- h- - &It &I.1- -be - jqa4ed-- t- o- -t�-eii-r-vi i*q-- s-pekrger - €€ any T - du - r4nq- -t4re - refrta - i - nler - �4- -blre - s p e as eis - -na- to -r-a3 --1 i -f -e--o-r- -anti I the- speese- -r-effr tom -r- ies- 4.- r- -%h -ie4 - r t=om-= t- lr} -s•- genre }atr- shaI-Ir - €ermimate as- a € - the -date- a €- the- remarr €age- 9pe -t+ro--- deat- Yt- e € -e - -r tri-r-e-d- -T ei r- r- a- de€e-r-red-- peasi -oir - r---&r- -a prey4eaaly- -re -t-i -r d- 4ftetrbe-r ,- -tie- aaryiv €ag- - aayr- shal17 daring- -t4re- Derr.a - a €- -t4re-- spou-se L &- natural- g.3 €e- -o-r-- s- fttri -l- - €he spea9e- -r"eff - rec -e-14o-e-- m en €hly- -b�3 -t - ecp+a-l-- to- -t-h-e- bese €lt earned- by - the- member- at - the time a € -the- member's- death. Persen9- be4sg- Va4d- , a-- s�eJ-s -- f-i-t -oTt- Jec-e;bc-rr 3-1 -r -1-}84 -shall reee4ye- a- xtenthly- bese €4b- #serease- a € -ben- per -eesb- Seeb4es-4---Eh4ldres-Bese€4bs- y -a -&peas and eh4ldres7-- t4re-- &raft -o€- 2- 5-- per --ceirt - e €-- t4ye-- mesthly --base - seryiee pens4en- pew - rtes €h - shall- be- pa4d- es- behal € -e €- eaeh- s�t��4�4ng -eh41d anti -l- eaeh- respee €4ye- eh4ld- reaehes -the- age - a €- 18- yearS7- prey4ded € ha€-€ he-€ e€ al- payxten €- be - €he- surviv4sg- speuse- and- eh4ldren -under See €4ess --3-• ait&- 4- s+i-a]3 --rto-t - emeee6- -2-0-0-- ger- - eent --co-f- tote- menbh-1 y base- pens4en- per - tenth - (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 multiplied by such person's years of active service with the Fire Department and further multiplied by the decimal equivalent of the applicable percentage determined from the following table: Years of Applicable Service Percentage 10 60 11 64 12 68 13 72 14 76 15 80 16 84 17 88 18 92 20 00 20 100 6 - 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 distri- bution shall be equal to the product of (i) $3,000 multiplied by (ii) the number of completed years of active service with the Fire Department; provided, however, that for purposes of computing such lump sum distribution, no person shall be given credit for more than 30 years of active service with the Fire Department; provided, further, that in the case of an early retired member the amount of the lump sum distribution shall be computed in the manner described in this Section 3(2) but then reduced in the manner provided in Section 2(4) above by multiplying the amount otherwise determined in this Section 3(2) by the applicable percentage specified in the schedule set forth in Section 2(4) above. (3) Joint and 100% Survivor. The basic service pension defined in Sections 2(1), (3) or (4) above Is adjusted to provide a survivor's benefit for such member's spouse equal to the amount of the adjusted monthly benefit payable to such member. The adjusted monthly benefit payable to such member equals the product of (i) the monthly service pension otherwise determined under Sec- tions 2(1), (3) or (4) above multiplied by (ii) the Joint and 100% Survivor Factor. The Joint and 100% Survivor Factor is .85 + .005 (Y -X) where Y is the spouse's age at the benefit commencement date and X is the member's age at the benefit commencement date. The maximum value of the Joint and 100$ 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. 7 - (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. The adjusted monthly benefit payable to such member equals the product of (i) monthly service pension otherwise determined under Sections 2(1), (3) or (4) multiplied by (ii) the Joint and 50% Survivor Factor. T he 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 ace 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 Section 2 above first become payable, the spouse of the person entitled to receive those benefits must consent in writing to the election of the form of payment. The spouse's signature must be notarized. (6) Commencement Date of Benefits. All payments will commence on the latter of (i) the first day of the first calendar month immediately following the calendar month during which the retired member, deferred pensioner or early retired member attains age 50, or (ii) first day of the calendar month which immediately follows the calendar month in which the Board of Trustees approves an applica- tion for benefits. Section 4. Survivor's Benefits. Upon the death of a member after June 30, 1988, or upon the death of a deferred pensioner or early retired member who withdrew from active service after June 30, 1988, 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, 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 of 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 8 - the beneficiary designated by such deceased member, if any; otherwise, such sum shall be paid to the estate of such deceased member. Upon the death of a retired member, a deferred- pessleser7 -6F a- prevleusly- retired- member survivor's benefit shal•1 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 Sections 3(4 ) 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 sexy #ee - pess€ es - earned by- €he- member- at- the- €lme- a € -the memheis- dear- sr� fie- pai-c� - yes €��*- oe-- be3-1- -o-f and if such spouse is entitled to receive a survivor's 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 yearsT_ provided however, that the total additional payment to the surviving spouse ase7-- i�d-rr --tee- bee€ €ergs-- 3- -a� -4- e�ra33 --rto-t sers#ee- pens#en: for the benefit of the children under this Section shall not exceed 100 percent of the amount of the spouse's own benefit; provided, further, that if the surviving spouse elects to receive a distribution of such survivor's benefits in the form of a lump sum distribution, then no additional benefits shall be payable to such spouse for the benefit of such deceased member's children. (2 ) Upon the death of a memHer w€io-l act-- sury4yed-- b-y- -a spease er- the base - &errviee- peas €es per - iftontrh shalI-- ae--paid - -eaeh.--surYi a €sg ehlld7-4 € -a -y7- y7-te r - rk�-- �eae�teg- €lie age -e4- -1-8-yea- .--- In- ne -e-v - &he-1-1 44ie- tretrelr -payment age - a € -18- years- emeeed- 869 - per -eest- a € -the- men €hly-base pennies- pew- mes�h- -Hpe pre Yleu9ly - -rRefffbe- - whe --s- -net - - bye -a- -r -er €he- *ieethl -y- -seT -v tee - -parrs- irsrr -a-r e4- 6y - €he- member-- at-- t4 trieh -_ -e€ € he- -de t- h-- slia 33-- 15e- - inef A_4A- y- -es- 1- €- �rf - -eaeh 8HrYiYlsg- eh4 1 d7 - 3 -f - as -y- r -r- ee-pee- tirv-e- -e4i-i- 14- rzeaekea -the age-- o-f-- Ir 8 - -ye•aa s : -- I- n-- se- r:e;rt - shall -- tore-- to-t-a1- - jDa -yfflen +_ - 4-� - €he aggreg ate - -o-f - -t-he - stirv- iv4mg- - under-- t- -re-- age -years I 9 - exeeed- 240-- Te-r-- eent --e. ----t4 membersa-- ee- rrted-- ffK>nt4Ai x-- sere €ee pesslea- f 3}- Pereens- be} sg- pald- a- ehlldrea' a- bese €1t- en- BeeeFRber- 31T -1984 shall-reee}ve-a-meathly- beae €1t- 1serease- a € -tes- per -eent- Seetles - :-- Fune -ra4.- i-- to- 4-h-e-- ebhrer- Heme € € €a p�e�alded- he�elsT- the - stet- a €- �3T589- shall- be - pa }d - the s�t��l�lhg spease --E)t- e�- af-- t*e-- s- trt-e -- a €- ,af� -deeeesed retired member who separated from active service with the Fire Department after June 30, 1988, 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, er - -deferred pensleaer -te- help -defray- funeral- empeases--- FurthermereT -the sum -e €- 4640-- s+ra- 1- 1-- k}e -ga d - €e- -the-- gpo-tirse-- o-rr -represent ae}ires e €-- t4ire -- estate --o-f- €ermer - - -Jolt � membership- was - severed -by- virtue- a €- reaeh4sg- the- Ytamimum -age Iim!tatles- }-r4e -r--t� -ac4 iii -n-q- 2�-y-e&r-& --&€- eerrv€ee -and -prier te-- t- �- eaae��ea�- ��-- t�- B�ee��ya --Ge- rat- e- �-- F- i�- e-- Bepa�t�►eat Pensles- Law - a € -19697 Seet4ea-6---Barly-Retlrement- F1 +- r - there€ ePT - ems-- ee- rI.-t -ret €red - +eff 4>er - tree- -has per €ermed -se �alee - 4s - tie - f'3 e-- �e�a r t xrerrt �rf art -- a € - B sel��ya Eeater- -f e -r- irto�- e- -t4rairr- 14- year-&r- but- 4ess-- t+ra� 2�-Y-&&r- &r- wlrenr -the € }re €1ghtersa- f>es4. -t3e t-- is-- eI-iiir- sat- ec4- er- -t4 - r , -- get- e•�- beeamea phys1eally-- er-- mentally -- di sabled-- se-- as-- te-- be-- laeapable - -e€ per€ erming-- 9er- v+ c- e-- 4s- -t4re- -Department T --o-r -- whea -- tore -- €ore €fighter realgsa -3-n -- (teat}- s -tafidi -n - €roiw- the- -t4aerrt, - -shall - 4>e --pei4 -a meathly-- ser -y-ice errsi -o --e~o trrtesei -ag- whea - ore- €r i h -t-e -� - eaehes the - age -ef - 5��- � ��re- a�te ttnt- e�- e•ai��er- v- i-ee -- gets -�- -fie -beams the - sate - - amou*t - o4-- t- he-- Fens-i- ort--t+e -- €ire € €ghter would- have- reeelved -if- the - €ire €lghter - had - served -39- years -as -the fire €}ghterls - bear- te-24 -ye arn --&€ - se- r-V4ce -r -er alternative ly7- inet►-- be-71 9* i4- a- -the €1�e €lghte�-- h�a- i�.z�eu- -tie -- age-- e•€-- 5{}--- �ea�s�-- w�4e�-- se��lee peas1an --sba33 - be-- as- efroe4rt -wqi-i-_�- la- 3- 6-- pe-i- - eest -o€: 4- Yre- aaaeal base- se-r-v4ee errs- i-crr� �o-�itlecl -by- -hers e-- -1 w -s- - €e - -eee4r --yeas -e€ aet -o- - Bree#lyn Eeater- --- T-Ire --pr ime-i --- of-- +4rie-- s -ubd4- V4-S4eft-- 443-- sha44- -apply retreaetively- -t-o -- any - stye -- e- &r4-- ret#remeat - -e-€t-err-dune 137- 3.-9-G-' -; - prevlded7- 4toweA�er -r- that --tees h- s-- slra3 -1- -netr - Ore - -paid retreaet4:ye- €refs - February -1 57- 1968 7 f2 }- 4haeit r- there€ eE7-- a-- su- r- v- i -.-i-rr -s se =s-- bese €1t7 ehlldren a- beite €4t-- c�4 betef -i-t - be- gai- 4- pI&raaaRtr -te the- preY4a1eas- e4'- -Seet-iet- 3-- afrd --4- *- =�` --e-€ -an -early -re tired ftef�be� -fro -- pew €e��ed-- se- r- �-i�e- i- ri-- the- �- 3.�e -�-t- rte -rrt -o-€ -the 61ty-o-€-- &r -oo-ka err-- rent- err r - Minneaata7- -f- e- r--m-o-re - than -3-0-ors- -butt less-- tlia� - -2-0-- yea�s -- whea -- tie-- �i�- e�� -gYrt- ems' -s-- gogl�lo-n- -was L - 10 - el}xflis ate d-- er- -t-)re- i- €i-g tip•- .-a? - -p4rys-i�a- 13- y-- o -r-- meetaIIy d €sabled -- so- -es -- to- -- ire--€ aeagala�e-- o-f-- �e €e�ag- �v- i- cje -3r- -ire Bepartmeet7 --o-r -- when -- tore-- €}re € €ghter-- r-e-si-gft- c_& - +s- - -at and €sg €reffi- the- suc4r- - eR - t•Ire- € €re €}gh €er weuld have- reee -iYed - € €- the- € €re € €ghter- has - served -28- years -as -the € €re € €ghberis- - a € - sty -v4ee-- be--rr - to --2-0- -years -- s- e-r- v4c- -. -- -The pfei��s a € bh €s- s�t�d }� €s }es -f� }- shall- apply- espy- be- s�eh -ea��y �e�l�ex�e�b e€€ eebed-- ssbsegser�b-- be-- �tthe- -�� = -- 196;-- p�e� }ded heweyer= that- beee €lb- payments- shall - set- be- pa }d- rebreaeblye- €rem February -44 -4465 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 representative of the estate of 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 6eerebary7 Treasurer. Section 2. Application for Pensions All applications for pensions shall be submitted to the Board of Trustees at a regular meeting e€ 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 EenterT- Minneseba;; (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 shall should be made to the Board of Trustees of the Brooklyn Center Fire Department Relief Association within six months of the day upon which the member, retired member, early retired member, previously retired member T 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.-- 3- el- eti -�y If an application for benefits is submitted to the Board of Trustees within such six (6) month period, then upon 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 a- menbbly- servlee- peaslea- shall be-- we- iv-e-r-- anel-- r-e-l-ea-ae 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 a -lump- sexy- penslea any other form of benefit provided under these Bylaws and shall be binding upon the such member, such member's heirs and assigns and such member's surviving spouse and children. 64:mllarlyT -blue eleeb} en - be - reeelve a- lump - sum- pens}ee- shall -be -a- Waiver -aael release -e -f - lea. If the retired member, early retired member or previously retired member shall be married at the time an application for 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 Applications. (a) No benefits or pensions shall be paid until the 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 pensions, 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. 12 - (b) Leaves - a €- Absesee- er- Suspexs #es- -- All - leases- ef- absesee e�-- g�rege�rg €e�rs- bra- l• 1--- be-- �x�3.tr��e�}-- ��-- ee�p�e4�Q- -else per}ed- a €- serylee- fe+ All payments required or provided for by law, or by the Articles of Incorporation, or by the Bylaws of the Relief Association shall be rounded to the nearest whole dollar amount. ARTICLE IX. DISCONTINUANCE OF VOLUNTEER FIRE DEPARTMENT Section 1. Lump Sum Benefits In the event that the services of all volunteer firefighters are discontinued or, the volunteer division of the City of Brooklyn Center Fire Department is abolished, then the volunteer firefighters who are members of the Association at the time of such discon- tinuance and abolition may elect to be paid a service pension in a lump sum, in as- -affteu-nt--o-f -- 3-5- - per- eees-t --o-f- -eke annual - base -- eery iee -- genre- 1o*- -pre Ylded --by -- these- 4i�-lra*e -fer eaeh --ye&r lieu of all other benefits provided in these bylaws, in an amount equal to 35 percent of the product of (i) $3,000 multiplied by (ii) the number of completed years of active service rendered in the Fire Department a € --t-he by such member prior to such discontinuance and abolition7- emeepe- bhae- :members- w 4eh -19 -er mere- years - a €- serylee- shall- hare- yeseed- pesslea- r#ghbs- See elen --2 .--- E- T -ec€it ime- io- i-t4i- -vo-i-trn-t - -F-rr-e - -is the - �-t� -t - ehe- �- �. ��-- o-�- B�eel �lys- �• e�rt�- r-- s- l�ra•1- 1-- ee��e�� -�� -a n- trT-- afrd - -any - uo-1AmA -eet- -fire fighter shesld-- -beeo�te- a - --!�J3 —t —jme -- fireflghberT-- -t-he- -- €ire €lghter's g e l t� s e e e�- -t-i.- one-- sl�l -1-- a pp l �*- �owe�ds --t- ate - - €i -tee €i - glut -ems �s• -�e e l �ex�e � e aade�- ehe- �e��ts -o-f -- Lire- �- tr33— t3��- eti =�-,�n provided, however, 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 fire- fighter'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 volun- teer, and benefits under the full -time retirement program of the City shall be paid for the time spent as a paid fire - fighter. GGG7msA1 -h44 0007by01.h44 CITY OF BROOKLYN CENTER Council Meeting Date 8/8/88 Agenda Item Number p REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Motion to Appoint Corridor Advisory Committee Membership - Anoka County Regional Railroad Authority DEPARTMENT APPROVAL: Signature - title ; MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached The following people who served on the Corridor Advisory Committee for the Hennepin County Regional Railroad Authority have consented to serve on the Corridor Advisory Committee for Anoka County. Corridor Advisory Committee (CAC): Jayne Kuhar 6724 Aldrich Avenue North Brooklyn Center, Mn. 55430 333 -3225 (w) Bob Ellingson 5453 Bryant Avenue North Brooklyn Center, Mn. 55430 332 -2561 (w) 561 -5978 (h) Todd Paulson 3216 Poe Road Brooklyn Center, Mn. 55429 561 -7638 (h) 227 -8266 (w) Gayland Halter 4225 Winchester Lane Brooklyn Center, Mn. 55429 537 -3146 (h) RECOMMENDATION: Motion needed to appoint Corridor Advisory Committee membership of the Anoka County Regional Railroad Authority. • HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY A -2307 Government Center, Minneapolis, MN. 55487 -0237 612/348 -4077 July 14, 1988 Mr. Gerald G. Splinter Manager, City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Advisory Committee Membership Anoka /Hennepin Northeast Corridor Study Dear Mr. Spli -nter: The regional railroad authorities of Anoka County ( ACRRA) and Hennepin County ( HCRRA) have agreed to undertake the comprehensive study of a light rail transit corridor which would link Anoka County with downtown Minneapolis. In order to have the benefit of input from all affected communities and agencies, the railroad authorities are jointly forming advisory committees in three categories: o Intergovernmental Advisory Committee (IAC). This Committee will address major issues brought before the Committee and provide guidance to the railroad authorities regarding the conduct and direction of the study. o Technical Advisory Committee (TAC). The TAC, composed of staff from affected communities and agencies, will evaluate technical issues which arise during the study, provide technical advice to the railroad authorities, and advise the IAC on technical issues. o Corridor Advisory Committees (CAC). There will be a CAC composed of representatives of affected communities. Each will consider issues relevant to the geographic area they represent. The HCRRA asks that you appoint one person from your staff to the Technical Advisory Committee. Please inform the HCRRA of the names of your appointees by Monday, August 22, 1988. A letter has also been sent to your Mayor asking for appointments to the IAC and CAC. We appreciate your participation in this planning process and look forward to working with you and your appointees. If you have any questions, please call me or Vern Genzlinger (348 - 4306). Sincerely, p rtz ha BOARD OF COMMISSIONERS Jeff Spartz Sam S. Sivanich John E. Derus Mark Andrew Randy Johnson John Keefe E. F. Robb, Jr. Chairman Vice Chairman Treasurer Secretary The following persons are recommended for appointment as election judges for the September 13, 1988, Primary Election: Precinct 1 Precinct 7 Woarian retta Stewig (Chair) D -Mona Hintzman (Chair) Smith R- Imelda Mayleben D -Mary Gwen Stein D -Carol Benkofske R- Mildred Egnell R -Angie Olson D- Arlene Groves D -Helen Julkowski R -Donna Bennett R- Katherine Commers R -Grace Freund D- Kathryn Brosseau Precinct 2 Precinct 8 R- Beverly Madden (Chair) R -Trudi Ann Gores (Chair) D -Anna Adler D- Eileen Hannan R- Curtis Lund R- Doloris McGeorge D- McKevha Thomas D -Ethel Pettman R -Tom Masley R- Sandra Pearman D- Esther Kelsey D -Anne Bergquist R -Gail Ebert D -Ralph Saline Precinct 3 Precinct 9 R -Kathy Dziedzic (Chair) D -Alice Madir (Chair) D -Mary Goenner R -Jean Sullivan R -Joyce Shudy D- Margaret Stellburg D- Deborah Hensel R -Mary VanDerWerf R- Dianne Reem D -Tracy Tyler, Jr. D- Mildred Hansen R- Laurie Gerber D -Susan Mattson ABSENTEE Aft cinct 4 D- Marilyn Tyler Alberta Ruf (Chair) R- Barbara Sexton R- DeLila Newman D -Jean Tubman D- Robert Leach R- Debbie Kramer R- Thelma Jacobson D -Mary Breed STANDBY R- Virginia Johnson D -Susan Snell D -Helen Bolier R -Mary Thiebault D -Edith Svitak Precinct 5 R -Val Kraemer D -Gerry Dorphy (Chair) D -David Ault R -Jean Lindstrom R -Lora Jefferson D- Lorraine Halter D -Rosie Teas R- Arlene Kemp D- Beverly Hovde R -Molly Anderson D- Gloria Voeltz Precinct 6 R- Catherine Wetzel (Chair) D -Beth Rygh R- Josephine Swart D- Phyllis Waite R- Gloria Weinebarger D- Margaret Thayer oann Reavely i CITY OF BROOKLYN CENTER Council Meeting Date 8 -8 -88 Agenda Item Number 10 a 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, INC. DEPT. APPROVAL: Personnel Coordinator Signat e - title MANAGER'S REVIEW /RECOMMENDATION: , No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X ) The City's 1988 budget has $6,600 allocated for mediation services (Unit 11 - City Council). To date, e the City has not yet entered into a contract with North Hennepin Mediation Project for provision of mediation services. Attached is a contract and a resolution authorizing the City to do so. The contract is virtually identical to the terms of the 1987 contract. RECOMMENDED CITY COUNCIL ACTION Approve a Resolution Authorizing the Mayor and City Manager to Enter Into an Agreement Between the City of Brooklyn Center and North Hennepin Mediation Project, Inc. • i 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 CENTER MEDIATION PROJECT WHEREAS, the City of Brooklyn Center has allocated $6,600 in the 1988 budget, Unit 11, Object 4429 for mediation services; and WHEREAS, the City of Brooklyn Center and North Hennepin Mediation Project are desirous of entering into 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 Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. AGREEMENT BETWEEN CITY OF BROOKLYN CENTER and NORTH HENNEPIN MEDIATION PROJECT This Agreement is made the day of 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 di y p tes resulting from conflicts in enforcement of City ordinances, rules, and regulations. b. Mediation services for resolving rdinance and nonordinance related ed neighborhood disputes. C. Mediation services for resolving juvenile justice system disputes, provided that the records and identity f the juvenile a y � sh be provided to NHMP pursuant to Minn. Stat. 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 any control, shall provide no directive or advice 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 day of , 1988, and continue until December 31, 1988. 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 shall renew this contract in the event that NHMP 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 Six Thousand Six Hundred ($6,600) Dollars for the services provided hereunder, for the term of the contract. The sum of $6,600 shall be the total obligation of the City under this contract and shall be payable to NHMP as follows: $6,600 on August 22, 1988, 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 Y g contract by 365 days and expressing the quotient in percentum and then multiplying the said percentum times the total contract price. Miscellaneous. 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. 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 Council Meeting Date 8/8/88 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** O ITEM DESCRIPTION: RESOLUTION ESTABLISHING PROJECT NO. 1988 -14; REPLACEMENT OF CONCRETE SIDEWALKS AT MISCELLANEOUS LOCATIONS, AND ACCEPTING PROPOSAL FOR THIS WORK *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Sy KNAPP D ECTOR OF PUBLIC WO MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report ! Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes Explanation • All or part of the existing sidewalks at the following three locations are seriously deteriorated and /or displaced, so as to be a public safety hazard (see Exhibit A attached): 1. On easement area between 71st Avenue and 73rd Avenue from Oliver Avenue to Logan Avenue. 2. Sidewalk approach panels at Shingle Creek Parkway bridge over Shingle Creek. 3. Sidewalk approach panels at Freeway Boulevard bridge over Shingle Creek. Requests for proposals were sent to two contractors who specialize in this type of work. It is recommended that the proposal of the low bidder be accepted and that the costs for this work be charged to the local Municipal State Aid Fund, Account No. 2611. When this project was discussed at the 7/25/88 City Council meeting, the City Council requested staff to provide additional information regarding the proposed project. A memo providing that information and response to a questionnaire sent to adjoining property owners is attached. Recommendations 1. Adoption of the attached resolution. 2. Adoption of a motion to request that the Administrative Traffic Committee review and act upon the items of concern identified by the property owners. CITY 6301 SHINGLE CREEK PARKWAY OF [B:ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 E r TELEPHONE 561 -5440 C NTR EMERGENCY — POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: August 4, 1988 RE: Sidewalk Replacement Project 1988 -14 The following information is provided in response to the request from the City Council at their 7/25/88 meeting: 1. Location Map The attached map (Exhibit B) better shows the location of the project and its relationship to the sidewalk system and streets in this neighborhood. . 2. Estimate of Sidewalk Usage It is estimated that the sidewalk is used by 50 to 100 pedestrians and bicyclists daily during summer (non - school) months, by 75 to 125 persons daily during fall and spring (school) months, and by 50 to 75 persons during winter months. 3. Costs for Alternative Solutions a. The estimated cost for removing these 3 blocks of sidewalk and replacing the sidewalk with sod is .......................$4,300. b. The estimated cost for construction of a new sidewalk on either 71st Avenue or 73rd Avenue, with a connection along Logan Avenue to the 72nd Avenue sidewalk east of Logan is ...$16,000. c. The total estimated costs for items a. and b. is ............$20,300. 4. Citizen Input Attached hereto is a copy of the letter and questionnaire sent to all 12 property owners whose property adjoins the sidewalks. C P . �cA4 MAWANWACM Page Two August 4, 1988 Also attached are copies of the only 3 replies which we have received to date (8 /4/88). If additional replies are received prior to the 8/8/88 Council meeting, we will submit them to the Council at the meeting. 5. Staff Review and Recommendation After additional review, I recommend that the project be approved as proposed because: (a) the existing conditions pose a safety hazard; (b) the existing location best serves the community needs and fits the established sidewalk system; and (c) an alternative location is more costly, less effective, and would create a new set of problems and objections from other property owners. I also recommend that the items of concern noted by the residents in their replies be referred to the Administrative Traffic Committee for review and action. Respectfull submitted,, Sy K app, Director of Public Works Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ESTABLISHING PROJECT NO. 1988 -14; REPLACEMENT OF CONCRETE SIDEWALKS AT MISCELLANEOUS LOCATIONS, AND ACCEPTING PROPOSAL FOR THIS WORK WHEREAS, the Director of Public Works has advised the City Council that all or part of the existing sidewalks in the following locations are seriously deteriorated and /or displaced, so as to be a public safety hazard: 1. On the easement area between 71st and 73rd Avenues north from Oliver ` Avenue to Logan Avenue; 2. Sidewalk approach panels at the Shingle Creek Parkway bride over Shingle Creek; and 3. Sidewalk approach panels at the Freeway Boulevard bridge over Shingle Creek. AND WHEREAS, the Director of Public Works has obtained the following proposals to complete the required work: Contractor Total Cost Proposal Thomas and Sons Construction $8,550.00 Schmidt Construction $8,627.50 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The following project is hereby established: PROJECT NO. 1988 -14 REPLACEMENT OF CONCRETE SIDEWALKS AT MISCELLANEOUS LOCATIONS 2. The proposal submitted by Thomas and Sons Construction in the total amount of $8,550.00 is hereby accepted. The City Manager is hereby authorized and directed to execute a contract with said company in that amount. 3. All costs for work on this improvement project shall be charged to the Municipal State Aid Fund, Account No. 2611. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. a i aw D E F 112 - N C )I OKLYN PARK I< Y 73 RD AVE to r z WOODBINE LANE z z i IwOOD81NEl (LANE: ! c :R LAKE PARK I I > z 72ND AVE N a Pig N. _ i a a a w I IAMY, LANE I I r- �`'`X 72N >. z Q I 0 �X \��C.ryYK a Y EAST EVERGREEN 7I ST AVE NI I 1 \ PARK i i 17 LAKEER 71�S7 AVE N. 1 p a N �J,Y�?' _ ! ,, PARK x ¢ ;L .yZ jl \X _ 2 I N Z ¢ W I'1 EVERGREEN` �(. i it /i� _ `'� Y f > Z SCHOOL a 3 a a i f z 1 � - s, m � � 70TH !AVE N. CITY — f i Qr IRVINO LANE N. W MAINTENAN > a ANNEX t EMERSON LA WATE A. O R 2 Z TOWER I 26. ir. 2 ]3,'36 A) V I- 69TH to u 6B tAD1Fji j "TENANCE 1- BUILDING CREEK 6TQH L.ANf w i I w �jY I U 67TH OPEN SPACE 67TH AVE. I l I 4VE. � I s 1 ry i � z�V Q BROOKLYN CENTER G C HIGH SCHOOL X F* w FIREHOUSE y 1 F Y PARK ,t• R f 4 F xr Y 6� 6(y0 sis. � 2 W VE N. W FREEWAY SM. 65TH AVE. N. a ° a r z uj v k ¢ s ��yV(�(�,� I'C �� •r CITY CIVIC CflyFEA' E 14. j LA wools w c•110[NC �'• �� ` 1"c ? 62ND AV N SUMMIT AV N .I . i�Q] E� ■ o � ANNE 5 IS EMERLSO CITY 6301 SHINGLE CREEK PARKWAY OF B:ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 E TELEPHONE 561 -5440 C NTER EMERGENCY- POLICE - FIRE ` 911 TO: Property Owners Adjacent to Public Sidewalk Along "72nd Avenue Easement" Between Oliver Avenue and Logan Avenue FROM: Sy Knapp, Director of Public Works DATE: July 27, 1988 RE: Usage of Sidewalk and Repair or Replacement of Sidewalk Recently we received a request that the defective sections of the sidewalks adjacent to your homes be repaired or replaced. When that request was reported to the City Council, Council members requested City staff to obtain information regarding the amount of usage made of that sidewalk, any problems which you may be experiencing because the sidewalk is there, and your opinion regarding what should (or should not) be done regarding these sidewalks. For your information, we estimate that the cost for replacing the deteriorated sections on these three blocks of sidewalk, including the cost for replacing existing catch -basin grates with new "bicycle- safe" grates, would be approximately $6,300.00. If the City Council orders this work to be done, we would expect to complete it by early September. (Actual construction time would probably be less than one week, once the contractor starts the work.) Also, for your information, this work would be completed with no special assessments or other direct charges to you. Brooklyn Center has established a special fund for the purpose of installing and replacing sidewalks. The contractor would be required to resod all areas adjacent to the replaced sidewalk sections, and to restore any other items damaged by construction (sprinkler systems, etc.). We would, however, ask that adjoining property owners water the new sod as necessary to assure that it gets a good start. Enclosed is a questionnaire and a self- addressed envelope. We will appreciate receiving your response by Tuesday, August 2, so that we can report the results of this survey to the City Council at its next meeting on August 8. Should you have any questions regarding this matter please call me. Thank you -for your cooperation. Sy Knapp Enclosure rocem�� TO: Sy Knapp, Director of Public Works RE: Sidewalk Usage and Repair or Replacement on "72nd" Avenue Easement" between Oliver Avenue and Logan Avenue Following are my (our) responses to your questions: 1. Approximately how many people use the sidewalk adjacent to your house daily during summer (non- school) months? No. of pedestrians per day No. of bicyclists per day Others (Describe) Comments: 2. Approximately how many people use the sidewalk adjacent to your house daily during school months (September through May)? No. of pedestrians per day No. of bicyclists per day Others (Describe) Comments: 3. Describe any problems you may have experienced because of the sidewalk: 4. What is your recommendation: a. leave sidewalk "as is" b. repair or replace damaged or deteriorated sections C. replace entire sidewalks d. remove all sidewalks from these easements 5. If you chose answer "d" to Question No. 4, please check the reason (or reasons) for that choice. don't think these sidewalks are needed think cost for maintaining and replacing sidewalks is too high sidewalks create serious nuisance problem think sidewalks should be relocated to 71st Avenue or to 73rd Avenue other (describe) 6. Other Comments: Signed Address Tel. No. TO: Sy Knapp, Director of Public Works RE: Sidewalk Usage and Repair or Replacement on "72nd" Avenue Easement" between Oliver Avenue and Logan Avenue Following are my (our) responses to your questions: 1. Approximately how many people use the sidewalk adjacent to your house daily during summer (non- school) months? No. of pedestrians ! � per day No. of bicyclists per day Others (Describe) Comments: 2. Approximately how many people use the sidewalk adjacent to your house daily during school months (September through May)? No. of pedestrians Q per day No. of bicyclists l per day Others (Describe) Comments: / 3. Describe anq- grcrb}e may have experienced because of the sidewalk: y r ck T J_ - ��l�c° - h r n t1 0 ho to c C1 i 1�fLe r � 4. What is your recommendation: Sc r C( Ca c31D O e cor �a r� fY\e n a. leave sidewalk "as is" b. repair or replace damaged or deteriorated sections C. replace entire sidewalks d. _( _ remove all sidewalks from these easeme 5. If you chose answer "d" to Question No. 4, please check the reason (or reasons) for that choice. X _ don't think these sidewalks are needed think cost for maintaining and replacing sidewalks is too high sidewalks create serious nuisance problem thin Si(iP �ai k s sho uld be relocated to 71st Avenue or to 73rd Avenue ot er (describe) / D 7 1 'L 6. Other Comments- t �c 1t_ Signed A, `f l- l..r►,� Address Tel. TO: Sy Knapp, Director of Public Works RE: Sidewalk Usage and Repair or Replacement on "72nd" Avenue Easement" between Oliver Avenue and Logan Avenue Following are m (our) esponses to your questions: 1. Approximately how many people use the sidewalk adjacent to your house daily during summer (non - school) months? No, of pedestrians 1 X — F b per day No, of bicyclists a p —ate S per day Others IZ AAn r-axALJ- (Describe) 1 ) nI-1 e-St�A6t�✓ Comments: 15 7 L L Y 0A$ 2. Approximately how many people use the sidewalk adjacent to your house daily during school .months (September through May)? No, of pedestrians f per day No. of bicyclists / per day 1 ?gQA i u i S 5' Others (Describe) Comments: A) r , & J 3. Describe any problems you may have experienced because of the sidewalk: 4. What is your recommendation: � / a. / C ,5 leave sidewalk "as is" b. _A )e) repair or replace damaged or deteriorated sections C. AI= replace entire sidewalks d. remove all sidewalks from these easements 5. If you chose answer "d" to Question No, 4, please check the reason (or reasons) for that choice. don't think these sidewalks are needed ' think cost for maintaining and replacing sidewalks is too high sidewalks create serious nuisance problem think sidewalks should be relocated to 71st Avenue or to 73rd Avenue other (describe) 6. Other Comments: S �� i, �n i / � B L -0 G T, E Signed Address Tel. No. TO: Sy Knapp, Director of Public Works RE: Sidewalk Usage and Repair or Replacement on 72nd Avenue Easement" between Oliver Avenue and Logan Avenue Following are my (our) responses to your questions: 1. Approximately how many people use the sidewalk adjacent to your house daily during summer (non- school) months? No. of pedestrians per day No. of bicyclists per day y Others (Describe) Comments: �D &4"-e -�y Q,oJ 2 a 2. Approximately how many people use the sidewalk adjacent to you house daily during school months (September through May)? No. of pedestrians per day No. of bicyclists per day Z Others (Desc "be) ' Comments: 4 iLt/(.�it L AV 3. Describe a problems you may have experienced bec use o the sidewalk: /) a he) 4. What is your recommendation: a. leave sidewalk "as is" b. repair or replace damaged or deteriorated sections &t C. replace entire sidewalks d. v remove all sidewalks from these easements S. If you chose answer "d" to Question No. 4, please check the reason (or reasons) for that choice. don't think these sidewalks are needed think cost for maintaining and replacing sidewalks is too high �- sidewalks create serious nuisance problem think sidewalks should be relocated to 71st Avenue or to 73rd Avenue other (describe) 6. Other Comments: ' . Signed Address / b Tel. No. TO: Sy Knapp, Director of Public Works RE: Sidewalk Usage and Repair or Replacement on "72nd" Avenue Easement" between Oliver Avenue and Logan Avenue Following are my (our) responses to your questions: 1. Approximately how many people use the sidewalk adjacent to your house daily during summer (non- school) months? No. of pedestrians T5 t/ " per day No. of bicyclists per day Others (Describe) Comments: 2. Approximately how many people use the sidewalk adjacent to your house daily during school months (September through May)? No. of pedestrians 10 per day No. of bicyclists C7 per day Others (Describe) Comments: L VS U -� AN 3. Describe any roblems you may have experienced because of the sidewalk: ti t rJS � VrV , (Z�,vt:f2 Ft )L 4. What is your recommendation: a. leave sidewalk "as is" b. repair or replace damaged or deteriorated sections C. replace entire sidewalks _ d. _�,tr remove all sidewalks from these easements S. If you chose answer "d" to Question No. 4, please check the reason (or reasons) for that choice. don't think these sidewalks are needed think cost for maintaining and replacing sidewalks is too high T sidewalks create serious nuisance problem think sidewalks should be relocated to 71st Avenue or to 73rd Avenue other (describe) 6. Other Comments: " Signed Address ') 4- K&t rLL or(\ Tel. No. TO: Sy Knapp, Director of Public Works RE: Sidewalk Usage and Repair or Replacement on "72nd" Avenue Easement" between Oliver Avenue and Logan Avenue Following are my (our.) responses to your questions: 1. Approximately how many people use the sidewalk adjacent to your house daily during summer (non- school) months? No. of pedestrians % �� per day No. of bicyclists 20 t per day Others (Describe) Comments: 2. Approximately how many people use the sidewalk adjacent to your house daily during school months (September through May)? No. of pedestrians ' 20 - r per day No. of bicyclists yQ per day Others (Describe) Comments: 3. Describe any problems you may have experienced because of the sidewalk: • 4. What is your recommendation: a. leave sidewalk "as is" b. ' repair or replace damaged or deteriorated sections C. replace entire sidewalks d. remove all sidewalks from these easements 5. If you chose answer "d" to Question No. 4, please check the reason (or reasons) for that choice. don't think these sidewalks are needed think cost for maintaining and replacing sidewalks is too high sidewalks create serious nuisance problem think sidewalks should be relocated to 71st Avenue or to'73rd Avenue other (describe) 6. Other Comments: fhYl� ' (26jK12-- U*0 6`f /2077, �/ X / . /e GC! G�Cc > 12e e s e pla, au Ww wk�y �v Signed Address 7201 Tel. No. ` &0 - /2 7- CITY OF BROOKLYN CENTER Council Meeting Date, 8/8/88 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL; * * * * * * * ** Sy NARP . DIRECTOR OF P *B * * ** * WORK S * ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached NO The attached resolution represents the official council action required to expedite removal of the trees most recently marked by the city tree inspector in accordance with the procedures outlined therein. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. RECOMMENDATION It is recommended the council adopt the attached resolution. • Member introduced the following resolution and moved its adoption: 0 RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 08/08/88) WHEREAS, a Notice to Abate Nuisance and Shade Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove shade trees on the owners' property; and WHEREAS, the City can expedite the removal of these shade trees by declaring them a public nuisance: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The shade trees at the following addresses are hereby declared to be a public nuisance. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER HAROLD G RAEKER 5306 NEWTON AVE N 280 ANNE C WASHINGTON 5738 HUMBOLDT AVE N 281 ANNE C WASHINGTON 5738 HUMBOLDT AVE N 282 ANNE C WASHINGTON 5738 HUMBOLDT AVE N 283 ANNE C WASHINGTON 5738 HUMBOLDT AVE N 284 ANNE C WASHINGTON 5738 HUMBOLDT AVE N 285 VINCENT POLLEY 5800 HUMBOLDT AVE N 286 RAYMOND KUCKENBECKER 4524 WOODBINE LA 287 ERVIN C YELL 7224 MAJOR AVE N 288 GARY C KUENSTING 7224 LEE AVE N 289 RUSSELL E BJORKLUND 7118 KYLE AVE N 290 DONALD J HALVERSON 7113 KYLE AVE N 291 JAMES /SUE GUNDERSON 5655 FREMONT AVE N 292 MARY KORZENOWSKI 4800 NO LILAC DR 293 STATE OF MINNESOTA FRANCE @ 69TH 294 STATE OF MINNESOTA FRANCE @ 69TH 295 MARLIN /SUSAN BORN 6701 FRANCE AVE N 296 MARLIN /SUSAN BORN 6701 FRANCE AVE N 297 DONALD LEOPOLD 6030 JUNE AVE N 298 ELSIE HAWTHORNE 5706 LOGAN AVE N 299 HELEN STAFFORD 5651 GIRARD AVE N 300 HELEN STAFFORD 5651 GIRARD AVE N 301 TIMOTHY LOTH 6925 DREW AVE N 302 CHAS HEYWOOD 6931 DREW AVE N 303 MORRIS HEDMAN 7006 DREW AVE N 304 GARY A JOHNSON 7018 DREW AVE N 305 KEIICHI /KEIKO ANDO 7037 EWING AVE N 306 KEIICHI /KEIKO ANDO 7037 EWING AVE N 307 EMMETT DEAN 7043 EWING AVE N 308 JAMES & MARI POPEHN 5801 EMERSON AVE N 309 CHAS OLIN 5824 DUPONT AVE N 310 VINCENT NOEHL 5112 65TH AVE N 311 i RESOLUTION NO. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER ADELIA GRIBAS 5645 GIRARD AVE N 312 HOYT FULLER 5540 EMERSON AVE N 313 EDWARD DOLL 1201 57TH AVE N 314 ROGER DUNN 5835 CAMDEN AVE N 315 ROGER DUNN 5835 CAMDEN AVE N 316 DELFORD BOETTCHER 3318 MUMFORD RD 317 G CARLSON /C LOVGREN 5913 XERXES AVE N 318 DON /MARCIA ELIASON 5313 BOULDER LA 319 MYRNA KRAGNESS 3401 63RD AVE N 320 MYRNA KRAGNESS 3401 63RD AVE N 321 MYRNA KRAGNESS 3401 63RD AVE N 322 WAYNE /GLORIA FINLEY 5454 COLFAX AVE N 323 WAYNE /GLORIA FINLEY 5454 COLFAX AVE N 324 JOSEPH ARCO 6418 GIRARD AVE N 325 G LYONS /MILES CONST 6819 HUMBOLDT AVE N 326 G LYONS /MILES CONST 6819 HUMBOLDT AVE N 327 OTTO /FLORENCE BUDDE 6800 BEARD AVE N 328 OTTO /FLORENCE BUDDE 6800 BEARD AVE N 329 BRUCE OLSON 3201 THURBER RD 330 GEORGE HANSON 5815 JAMES AVE N 331 2. After twenty (20) days from the date of the notice, the property owners will receive a second written notice that will give them (5) business days in which to contest the determination of City Council by requesting a hearing in writing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. 4. All removal costs, including legal, financing and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date U - u Agenda Item Number /e REQUEST FOR COUNCIL CONSIDERATION • ITEM DESCRIPTION: Resolution amending the 1988 General Fund Budget to provide funding for a replacement terminal and printer in the Police Department. DEPT. APPROVAL: (� Q w• '�^^'� Director o Finance Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached X The Police Department was recently informed that two data processing terminals, that had been scheduled to be replaced in 1989 as a part of the Department's budget request, were non-operative • 9 q � and determined to be non - repairable. Both terminals are urgently needed by the Department. We were able to loan one replacement terminal until year-end from LOGIS. We need to replace the other one now. We will also need to replace its printer since the present one will not be compatible with the new terminal. Staff recommends using the LOGIS terminal until year -end and purchasing a replacement terminal and printer. The Council action would be to adopt the attached resolution amending the 1988 Budget. • Membe r introduced the following resolution and moved its Md adoption: RESOLUTION N0. f RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, the Police Department had requested, in the 1989 General Fund Budget, the replacement of two terminals used in its data processing system; and WHEREAS, both of those terminals have since become non — operative and have been determined to be non — repairable; and use WHEREAS, the Department is able to borrow one terminal from LOGis until year end and needs to replace the other terminal and printer immediately at a total cost of $3,800. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1988 General Fund Budget as follows: Increase the Appropriations for the following line items: Data Processing Unit No. 20, Off. Furn. & Equip. Account No. 4551 $ 3,800 Decrease the Appropriations for the following line items: Unallocated Expenses No. 80, Contingency Account No. 4995 $ 3,800 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Gerald G. Splinter, City Manager Paul Holmlund, Director of Finance FROM: Jim Lindsay, Chief of Police DATE: July 25, 1988 SUBJECT: Condition of HP 125 Terminals On Friday, July 22, 1988 Hewlett Packard repairman Tony Williams estimated the cost of repairing the two HP 125 terminals located in the police department. One terminal had developed a squeak. The other terminal would intermittently print only on one -half side of the paper. The Swanson terminal with the squeak was determined to need a new disk drive. The Gould terminal which intermittently only pints on half of a side of a page was determined to need a new processor plus some other small items. Williams stated he could Possibly build one working station out of the two. Building one unit out of the two would not carry a guarantee. Williams stated the HP 125 are obsolete. As you know, Office Products and Dodd Communication refused to service the HP 125. The two HP 125's the department has are from some of the city's original purchases. t ses. The Gould terminal is used twelve hours a day. The Swanson terminal had been used twelve hours a day until last January and now is used approximately eight hours a day. Ted Willard indicated he had an HP 125 we could use although he would need it approximately two days a month. I believe we have three options to consider: 1. Purchase two new HP Vectra ES 12 terminals. 2. Purchase one new HP Vectra ES 12 terminal and fashion one working terminal from two existing units. 3. Fashion one working terminal from two existing units and borrow an HP 125 from LOGIS, except for two days each month. Option one should guard against any down time. The workload of the department should not be affected. This also is the most expensive option. Option two would replace the unit used twelve hours a day with a new Vectra ES 12 and provide a working unit for the eight hour use position. The second unit would then be replaced in the 1989 budget request. Memo to Splinter & Holmlund Page 2 July 25, 1988 Option three. This will give us two used terminals. The one owned by Brooklyn Center has extensive use now. It may or may not make it until the first of the year. The borrowed unit from LOGIS would be a hardship if we were busy when they needed it. Either way losing it for two days will put us behind. Option one is the most desirable from an operational standpoint. Option two should get us by until 1989 when the second unit can be replaced. I recommend option two. Memo to Splinter & Holmlund Page 3 July 25, 1988 Option 1 Two (2) new HP Vectra ES 12 terminals @ $3,050 /ea $6,100.00 Option 2 One (1) new HP Vectra ES 12 terminal $3,050.00 One (1) rebuilt HP 125 terminal N/C Total $3,050.00 Option 3 One (1) HP 125 terminal from LOGIS N/C One (1) rebuilt HP 125 terminal N/C Repairs of Current Equipment Processor $ 470.00 Disk drive 450.00 Travel (2 @ $120) 240.00 Labor ($92 /hr approximately 3 hrs) 368.00 Total $1,528.00 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ANN WALLERSTEDT WHEREAS, Ann Wallerstedt served on the Brooklyn Center Planning Commission from October 13, 1985, to June 16, 1988; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Ann Wallerstedt is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 3/8/88_ Agenda Item Number Q1 REQUEST FOR COUNCIL CONSIDERATION • ITEM DESCRIPTION: Resolution amending the 1988 General Fund Budget to provide funding for a stud of 9 p 9 Y the probable market value impact of the proposed Bill Kelly home upon the surround- ing neighborhood properties. DEPT. APPROVAL: Q au�• Director of Finance Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X The City Council, on July 11, 1988, authorised a property valuation study to be conducted by Peter J. Patchin and Associates, Inc. at a cost not to exceed $12,300. At the same time, the Council also directed the staff to send out requests for proposals to provide planning consulting services for a study of planning and land ® uses relating to residential facilities in Brooklyn Center. It is not known, at this time, what the cost of the second study would be. Staff recommends that the G ap ouncil a ro riate funds at this time for the first study and appropriate funds for the second study when costs are known. The Council action would be to adopt the attached resolution amending the 1988 Budget. • Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, on July 11, the City Council approved a study of the probable market value impact of the proposed Bill Kelly home upon the surrounding neighborhood properties and directed the staff to send out requests for proposals to provide planning consulting services for a study of planning and land use issues relating to residential facilities in Brooklyn Center; and WHEREAS, the cost of the market value study was not to exceed $12,300 and the cost of the planning and land use study is not as yet known. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1988 General Fund Budget as follows: Increase the Appropriations for the following line items: Council Unit No. 11, Professional Services Account No. 4310 $ 12 Decrease the Appropriations for the following line items: Unallocated Expenses No. 80, Contingency Account No. 4995 $ 12,300 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. //a CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of July , 1988 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding the parking requirements for places of public assembly. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 REGARDING THE PARKING REQUIREMENT FOR PLACES OF PUBLIC ASSEMBLY 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 -704. MINIMUM PARKING SPACES REQUIRED. 4. Miscellaneous a. Places of public assembly such as churches, theatres, auditoriums (other than school auditoriums) mortuaries, stadiums, arenas, dance halls: One space for every three seats. Places of public assembly located in a retail shopping center complex shall have one space for eve four seats. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1988. Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter). CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8th day of August , 1988 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning rdinance regarding the g g g parking of commercial vehicles. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561- 5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE PARKING OF COMMERCIAL VEHICLES 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 -700. OFF- STREET PARKING REQUIREMENTS. Off- street parking and loading space shall be provided in all districts in accordance with the requirements of this ordinance. There shall be no off - street parking, storage of vehicles nor perimeter parking lot driveway within 15 feet of any street right -of- way and this 15 foot strip shall be planted and maintained as a green strip. In the case of C1 and C1A districts, there shall be no off - street parking nor perimeter parking lot driveway within 35 feet of any major thoroughfare right -of -way and this 35 foot strip shall be planted and maintained as a green strip. [Off- street parking in any residence district may include not more than one commercial vehicle of 25 feet or less in length per dwelling unit if used by the occupant of the premises for transportation to and from his job. It shall be parked off the street on a space adequate for its storage as set forth in this section.] Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1988. Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter). CITY OF BROOKLYN CENTER is Notice is hereby given that a public hearing will be held on the 8th day of August , 1988 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Nuisance Ordinance by declaring the parking of certain vehicles in residential zoning districts a public nuisance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19 OF TIE CITY ORDINANCES BY DECLARING THE PARKING OF CERTAIN VEHICLES IN RESIDENTIAL ZONING DISTRICTS A PUBLIC NUISANCE Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 19 -103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a public nuisance to permit, maintain, or harbor any of the following: 12. The parking and /or storage of a construction vehicle, a farm vehicle or a vehicle with the weight class ification G through T inclusive, as specified in Minnesota Statutes 168.013, Subd. le, continuously for more than two hours on any property or public street within a residential zoning district. The prohibitions of this subdivision shall not apply to the following: a) Any vehicle described above being used by a public utility, moving company, or similar company which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle. b) Any vehicle described above which is actually making a pickup or delivery at the location where it is parked. Parking for any period of time beyond the time reasonably necessary to make such pickup or delivery and in excess of the two hour limit shall be unlawful. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1988. Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter). 1 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JULY 28, 1988 CITY HALL CALL TO ORDER: The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:36 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, and Mike Nelson. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier and Recording Secretary Mary Lou Larsen. Chairman Lucht explained that Commissioners Lowell Ainas, Wallace Bernards and Bertil Johnson were unable to attend and were excused. He noted that although there are only three Commission members present, the Commission would still conduct business because the three members represented a majority of the current Commission membership. APPROVAL OF MINUTES - July 14, 1988 Chairman Lucht stated that the approval of the July 14, 1988 Planning Commission meeting minutes would be deferred until the next meeting or until a majority of the membership attending that meeting are present. APPLICATION NO. 88009 (Toys "R" Us) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for site and building plan approval to construct a 48,200 sq. ft. toy store on the site of the retail building including C.O.M.B. and on the site of the Mares Big Boy restaurant. The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 88009 attached). A brief discussion ensued regarding the conditions of approval. The Secretary stated an additional condition should be added and the plans modified to show a 10' right -of -way dedication for trailway /walkways as part of any platting. The City Engineer explained there would be a loss of approximately four parking stalls because of this added condition. The Secretary noted that use of semitrailers for storage on the site is expressly prohibited by City Ordinances and another condition should be added to reflect this fact. He stated the fire chief indicated that the area in front of the building will need to be posted as a fire lane. The Secretary explained there is no public hearing required for this application, but the applicants are present to answer any questions the Commission might have. Chairman Lucht then recognized Wasyl Hnatiw, a representative of Toys "R" Us. Mr. Hnatiw introduced other representatives of Toys "R" Us. The Secretary asked Mr. Hnatiw if he had any questions regarding the conditions of approval. Mr. Hnatiw stated that he has no objections to the conditions of approval or the added conditions mentioned. He then briefly reviewed the conditions and acknowledged the suggestion for stalls to be signed for customer parcel pick up. He explained that he does understand the store will be across from a residential neighborhood and plans to provide appropriate screening. Chairman Lucht asked the applicant what height the building would be. Mr. Barry responded it would be 28' at the highest level. Chairman Lucht asked if the new building would be similar to the height of the existing building. Mr. Hnatiw answered in the affirmative. 7 -28 -88 -1- t Further discussion ensued regarding the mansard treatment of the building and the landscape plan. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 88009 (Toys "R" Us) Motion by Commissioner Nelson seconded by Commissioner Malecki to recommend 0 approval of Application No. 88009, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 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. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property improvements and utility service lines, prior to release of the performance guarantee. 10. 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. 11. The property shall be combined into a single parcel by plat or registered land survey, said plat or registered land survey to receive final approval and be filed at the County prior to the issuance of permits. 12. The site of the Big Boy restaurant shall be cleared and the parking lot fully installed prior to occupancy of the Toys "R" Us store. 13. The plans shall be revised prior to consideration by the City Council to indicate the following: 7 -28-88 -2- a) Narrowing of the driveway in front of the store to no wider than 30'. b) Installation of a berm in the greenstrip adjacent to Xerxes Avenue North. c) Dedication of 10' of right -of -way along 55th Avenue North. 14. There shall be no outside storage of semitrailers or the use of these semitrailers for the storage of merchandise except when parked at designated loading docks. Voting in favor: Chairman Lucht, Commissioners Malecki and Nelson. Voting against: none. The motion passed. ADJOURNMENT Motion by Commissioner Nelson seconded by Commissioner Malecki to adjourn the meeting of the Planning Commission. The motion passed. The Planning Commission adjourned at 8:17 p.m.. Chairman 7 -28 -88 -3- Planning Commission Information Sheet Application No. 88009 Applicant: Toys "R ".Us Location: 5425 Xerxes Avenue North Request: Site and Building Plan Location /Use The applicant requests site and building plan approval to construct _a 48,200 sq. ft. toy store on the site of the retail building including C.O.M.B. and on the site of the Mares Big Boy restaurant. These two buildings are to be demolished with the land areas to be combined and a new Toys "R" Us store built in approximately the same location as the C.O.M.B. building. The property in question is zoned C2 and is bounded on the north by 55th Avenue North and the Firestone store, on the east by Xerxes Avenue North, on the south by Highway 100, and on the west by Brooklyn Boulevard. Retail stores are permitted uses in the C2 zoning district. Access /Parking The site will gain access, as it does now, from a driveway off Xerxes Avenue North and via a service road off 55th Avenue North which also serves the neighboring Firestone repair garage. Both driveways are approximately 30' in width. The parking requirement for the entire building (48,200 sq. ft.) is 318 spaces. This is the requirement counting the entire space as retail. There is an approximate 13, 750 sq. ft. mezzanine at the west end of the store which will be used primarily for storage and even this space has been counted under the retail parking formula. Nevertheless, the proposed site plan calls for 349 parking stalls, including 7 handicapped stalls. Thus, the proposed site would actually have a parking surplus of 31 stalls. We have encouraged the applicant to preserve some of this excess space in green area. However, they insist they will need the entire amount during peak holiday shopping days. Staff recommend that the eight parallel stalls behind the building be signed for customer pick -up which will be handled from a door near the southwest corner of the building. Landscaping The landscape plan calls for 17 shade trees, 16 coniferous trees, 28 decorative trees, and 78 shrubs for a point total of 347 points. The point requirement is 337.6 points based on a 4.96 acre site. Most of the shade trees (including Summit Ash, Shademaster Honeylocust, Greenspire Littleleaf Linden, Red Sunset Maple and Sugar Maple) are located along the Brooklyn Boulevard greenstrip and along the northerly entrance drive off 55th Avenue North. A row of six Red Splendor Crabapple trees is proposed along the Highway 100 greenstrip. A row of nine Colorado Green Spruce is proposed in the greenstrip adjacent to Brooklyn Boulevard to provide screening of the loading dock area behind the building. Another cluster of plantings is a row of 20 Compact American Cranberrybush shrubs on a parking lot delineator off the entrance drive from 55th Avenue North. There are no foundation plantings proposed next to the building. We have also requested that the applicant expand somewhat the greenstrip adjacent to Xerxes Avenue North and install a berm in this area. Right now, the plan shows a wider than necessary driving lane in front of the building. This driving lane will encourage customers to park in an area with insufficient depth if it is left at its present width of approximately 40 Underground irrigation is noted on the landscape plan as required by Section 35 -412 of the Zoning Ordinance. 7 -28 -88 -1- Application No. 88009 continued Grading, Drainage, Utilities The grading plan calls for most runoff on the south side of the site to drain to a catch basin in the southeast corner of the parking lot. The northerly parking lot would drain partially to two catch basins near the northwest corner of the building and partially to a set of catch basins near or at the Xerxes Avenue North access drive. The City Engineer has some concern that drainage running toward the Xerxes access will ice over in winter creating a hazardous condition. All drainage will be conveyed via storm sewer to a large 60 storm sewer running through the southerly portion of the site. A 2 water service and an 8 " sprinkler service will enter the building on the south side as an extension of existing service lines. The services will come off a 16" watermain in the Highway 100 right -of -way. The utility plan proposes three hydrants serving the site, one south of the building on a large parking lot island, one north of the building in the island off the north entrance drive, and one actually located off -site in the Xerxes Avenue right -of -way near the access drive. The Fire Chief has indicated that the proposed hydrants give adequate coverage of the building. Finally, a 6 sanitary sewer service line will connect with a 15 main running through the site, parallel to the large storm sewer main. Building The proposed building is to be a white split face concrete block with a brown trim (also split face concrete block). This treatment is to be carried all the way around the store with the exception of an area in the middle of the front of the building which will have clear glass windows and vertical fiberglass battens over plain concrete block. The entire front of the store will be a 10' wide vestibule with entrance and exit doors on either end. In other words, there will be no entrance facing Xerxes. Rather, the entrances will be at the northeast and southeast corners of the building, on the north and south walls. The building has two loading berths off a receiving area in the rear as required by Section 35 -600 of the Zoning Ordinance. The loading berths are to be screened by a 9' high wall. This should be high enough since the dock approach is sunk so that trailers back up to a dock at ground floor level. In any case, proper screening of the loading area is required. Toys "R" Us has shown sign locations on all the elevations of the building. Most of these signs are acceptable under the Sign Ordinance. However, the sign on the front (east) elevation is made a roof sign because it is placed on a heightened mansard treatment that extends above the roof line of the regular mansard to be carried along the roof line above the one - storey section of the retail store. We have asked the applicant to either extend the heightened mansard all the way along the roof line back to the two - storey section of the building or to get rid of it altogether. The applicant will have a revised drawing available for the Planning Commission's consideration Thursday night. Lighting /Trash The lighting fixtures are to be box lamps placed on 33' high poles with 400 watt super metal halide luminaires. Average illuminations over the entire site is 3.31 foot candles. There is residential property across Brooklyn Boulevard. It does not appear that illumination levels will exceed three foot candles at the property line along Brooklyn Boulevard although one of the brighter areas of the site will be along the rear of the building facing Brooklyn Boulevard. That area, as well as the north and south sides of the building, will be illumined with wall- mounted lamps. Trash will be handled by a compactor located in the loading dock area and appropriately screened. ,7 -28 -88 -2- J Application No. 88009 continued Platting The property in question presently consists of two separate parcels. Section 35- 540 of the Zoning Ordinance requires that parcels serving a common use under common ownership must be combined by plat or registered land survey. No plat has been submitted to accompany this application. Since construction is not scheduled until next year, there is still time to complete a replat of the property into a single parcel prior to construction. In any case, no building permits will be issued until the new plat has received final approval and has been filed at the County. In addition, the applicant intends to allow the existing Big Boy restaurant to operate for some time while the new store is under construction. No occupancy of the new store will be allowed until the restaurant site is cleared and the parking lot completed. Recommendation Altogether, the plans are generally in order and approval is recommended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 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. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property improvements and utility service lines, prior to release of the performance guarantee. 10. 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. 7 -28-88 -3- Application No. 88009 continued 11. The property shall be combined into a single parcel by plat or registered land survey, said plat or registered land survey to receive final approval and be filed at the County prior to the issuance of permits. 12. The site of the Big Boy restaurant shall be cleared and the parking lot fully installed prior to occupancy of the Toys "R" Us store. 13. The plans shall be revised prior to consideration by the City Council to indicate the following: a) Consistent mansard treatment around the entire one - storey section of the store. b) Narrowing of the driveway in front of the store to no wider than 30'. c) Installation of a berm in the greenstrip adjacent to Xerxes Avenue North. I I -2 7 8-88 -4- I CITY OF BROOKLYN CENTER Council Meeting Date 8 -8 -88 Agenda Item Number 1-3w REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Public Works Performance Evaluation System DEPT. APPROVA Personnel Coordinator Sig ture - title MANAGER'S REVIEW /RECOMMENDATION: `� No comments to supplement this report _. Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached X ) City staff has developed a performance evaluation system for public works employees who are members of I.U.O.E. Local 49. The purpose of the system is to provide a system of annual performance evaluations of the employees and to provide opportunities for employees hired at the Maintenance 1 level to reach higher wage levels based on evaluations of their job skills and performance. RECOMMENDED CITY COUNCIL ACTION Pass a motion approving the Brooklyn Center Public Works Performance Evaluation System. BROOKLYN CENTER PUBLIC WORKS PERFORMANCE EVALUATION SYSTEM I. PURPOSE The purpose of this document is to provide for a system of annual performance evaluations of all employees and to provide opportunities for employees hired at the Maintenance I level to reach higher wage levels based on evaluations of their job skills and performance. Receipt of a salary increase will be on the basis of the employee's progress toward mastering the job requirements and on the employee's continuing quality of performance. In the street and park divisions, the eligibility for advancement through salary steps is based on tenure on the job. II. STREET DIVISION AND PARK DIVISION EMPLOYEES A. STEPS Employees in these divisions are hired at the Maintenance I rate as provided in the Labor agreement. The performance of such employees will be evaluated during their probationary employment period and on a regular basis thereafter. Such evaluations will include the employee's ability to meet and maintain the requirements listed under Criteria for Evaluation found on the next two pages. The following steps are established for progression from the Maintenance I classification to the Maintenance II classification: Time of Wage Rate Eligibility Starting rate Maintenance I Rate At Time of Hire Step 1 Maintenance I rate Upon successful plus 25% of completion of differential* probationary period Step 2 Maintenance I rate 1 year after plus 50% of assignment differential* to Step 1 Step 3 Maintenance I rate 1 year after plus 75% of assignment differential* to Step 2 Step 4 Maintenance II rate 1 year after assignment to Step 3 * Note : "Differential" is defined as the difference in rates between a Maintenance I employee and a Maintenance II employee. Evaluation Page 2 At the review date, the employee's wage rate may be increased, decreased, or held at existing wage levels depending on their performance during the past year. Should the department head recommend a reduction, the employee shall have received a written notice of possible salary reduction at least six (6) months prior to its effective date. Such recommendation shall be accompanied by documentation describing the efforts made by the supervisor(s) to improve the employee's performance to an acceptable level. B. CRITERIA FOR EVALUATION Street Division 1. Ability to understand and perform the jobs listed below: storm sewer operation manhole maintenance snow plowing patching/blacktopping sanding street inventory general winter maintenance safety (knowledge & conduct) street sweeping 2. Ability to operate in an efficient and safe manner and to provide pre- ventative maintenance on some or all of the following equipment: dump trucks air compressor one way brooms sidewalk blower/trackless water truck other miscellaneous equipment Parks Division 1. Ability to understand and perform the jobs listed below: turf renovation mowing practices shelter building maintenance field /court maintenance irrigation play equipment areas manhole maintenance winterizing repairs tree & shrub maintenance watering skating rink maintenance general summer maintenance safety general winter maintenance storm sewer operation other misc. City functions 2. Ability to operate in an efficient and safe manner and to provide pre- ventative maintenance on some or all of the following equipment: gang mowers single axle dump truck 72" rotary mower water truck 1 ton dump truck sickle bar mower utility tractor blade tractor ball diamond groomer tractor loader other miscellaneous equipment one -way broom Evaluation Page 3 In both the Street Division and in the Parks Division General performance record, including the following considerations: initiative in seeking and performing work initiative in seeking educational opportunities and license certification ability to perform work without supervision ability to follow directions ability to deal effectively with peers, supervisors and the public tardiness and discipline record safety record C. IMPLEMENTATION Within 30 days after approval of this policy by the City Council, all employees with between one and two years experience will be eligible for review at the Step One level. All employees above two years of experience will be eligible for review at the Step Two level. Further reviews will take place on the anniversary date of the last previous step adjustment. II. EQUIPMENT MAINTENANCE DIVISION EMPLOYEES Employees in this Division (i.e. - Mechanic and Night - Service Persons) are hired at full scale as provided in the Labor Agreement. The performance of such employees will be evaluated during their probationary employment period and on a regular basis thereafter. Such evaluations will include the employee's ability to meet and maintain the following requirements. 1. Must be able e s adjustments on to perform servicing and all repair or � me g all City equipment. 2. Knowledge of tools and their care and uses. 3. Maintain and use all shop equipment in a safe and efficient manner. 4. Must understand and complete all paperwork pertaining to the shop, i.e., payroll, purchase orders, repair orders, work orders, fuel records, etc. 5. Understand and adhere to work and safety rules. 6. General performance record, including the following considerations: initiative in seeking and performing work initiative in seeking educational opportunities and license certification ability to perform work without supervision ability to follow directions ability to deal effectively with peers, supervisors and the public tardiness and discipline record safety record Evaluation Page 4 III. PUBLIC UTILITY DIVISION EMPLOYEES Employees in this Division will be hired in the Maintenance I job classification. Following completion of a 6 month probationary period and obtaining a Minnesota Board of Health "Class D" Water Supply Operator's Certificate and Class D Sewer Certificate, an employee who is adjudged by the City Manager to be qualified to operate the City's public utility systems and to fulfill other job related responsibilities will be reclassified to Maintenance II and paid at that rate of pay. In determining whether or not an employee is qualified to operate the City's public utiity systems, the evaluation must conclude that the employee has demonstrated the following: 1. Skills and abilities as needed to qualify for standby including the following: service wellhouses and lift stations process for a watermain break callout process to handle sanitary sewer backups knowledge of as- builts to locate curb boxes, valves, manholes, etc. ability to change and read meters 2. A degree of knowledge and ability as needed to perform job operations in the following areas: pumphouse and lift station operation water distribution system waste collection system equipment knowledge, use and maintenance knowledge of City responsibility vs. homeowner responsibility knowledge of difference in sanitary vs. storm sewer procedures knowledge of confined space law 3. Ability to operate in an efficient and safe manner and to provide preventative maintenance on some or all of the following equipment: sewer rodder air exchange blowers sewer jetter generator (portable) dump trucks trash pumps 4. A satisfactory general performance record, including the following considerations: initiative in seeking and performing work initiative in seeking educational opportunities and license certification ability to perform work without supervision ability to follow directions ability to deal effectively with peers, supervisors and the public tardiness and discipline record safety record Approved by the Brooklyn Center City Council on the day of 1988. Approved by the City Manager: Gerald G. Splinter Date CITY OF BR N CENTER PERFORMANCE EVALUATION FO1� PUBLIC WORKS EMPLOYEES Date: Name of Employee: Dept.: Parks Equip. Maint. Name of Supervisor: Streets Utilities Date of Hire: Current Level: Start Type of Review: Step 1 Step 1 Step 2 Step 2 Step 3 Step 3 Step 4 Step 4 Annual 2 4 6 8 10 FACTOR SCORE A. Knowledge of and ability to perform Inadequate Limited Adequate Well Informed; Thoroughly specified jobs comprehension knowledge knowledge; has mastered familiar with and procedures of work of work knows job well most details all phases (see criteria for of his work evaluation). COMMENTS: i B. Ability to operate and care for Poor work; Not always Satisfactory; Work very Work equipment, including frequent satisfactory; does fair satisfactory; always preventative main- errors; sometimes work with practically well done tenance. in a safe unsatisfactory careless few errors no errors and efficient manner (see criteria for evaluation). COMMENTS: 0 2 4 �6 8 10 FACT SCORE C. Knowledge of and adherence to work Cannot be Repeatedly Occasionally Believes & Practices & and safety rules sold on has to be has to be practices goes out of and procedures. safety reminded to reminded to safety way to promote work safely work safely safety COMMENTS: D. Initiative in seeking and Needs A routine Reasonably Resourceful; Seeks & sets performing work. frequent worker; alert to completes for himself direction usually waits opportunities suggested additional or prodding to be told supplementary tasks tasks COMMENTS: E. Cooperation with peers and superNsors. Avoids doing Does not do Does his share Does his share Makes every his share of his Job if he of Job but of the Job & effort to make Job whenever thinks he has usually no often does any program possible a good excuse more more a success COMMENTS: 2 4 �6 8 10 FA* SCORE F. Ability to understand Often Occasionally Carries out Readily Requests more and perform misunderstands requests only the understands information work without or bungles simple simplest most orders on only most supervision. orders Instructions directions complex orders be repeated without help COMMENTS: G. Volume of work. Insufficient Limited Normal High Unusually production; output production output high unsatisfactory output COMMENTS: i H. Public contact. Touchy or Lacks certain Usually Tactful & Exceptionally quarrelsome; requirements maintains obliging; 9 9. courteous & antagonizes of common courteous, good well- mannered others courtesy effective self- control relations COMMENTS: 2 4 6 8 10 F,* SCORE I. Initiative in seeking educational Shows no Participates Participates Pursues Exceptional opportunities and interest in in educational In educational educational effort in license certification. furthering opportunities opportunities opportunities pursuing educational education; only when when recommended on own with opportunities and /or unsatisfactory required by but not required support by license certification employer by employer employer COMMENTS: J. Tardiness and discipline Unsatisfactory Often needs Occasional Tardiness Excellent record. amount of reminders to tardiness and /or attendance tardiness and /or improve and /or discipline and discipline discipline attendance discipline record good record problems record and /or problems with problems discipline usually beyond record control of employee COMMENTS: S U M M A R Y A P P R A I S A L OF JOB PERFORMANCE 50 55 60 65 70 75 80 85 90 95 100 + + + + + + + + + + + + + + + + x a + + + + + + + + + + + + + + + + * a x + + + + + + + + + + + + + + + + BELOW MEETS EXCEEDS REQUIREMENTS REQUIREMENTS REQUIREMENTS Additional Comments and Recommended Action: Signature of Supervisor /Evaluator Date EMPLOYEE ACKNOWLEDGMENT I have had the opportunity to read the City's performance Evaluation System and to review this evaluation with my Supervisor /Evaluator. My comments on this evaluation are as follows (attach additional sheets if needed): I have no comments. Employee Signature Date i DEPARTMENT HEAD ACTION After review of the above evaluation, I recommend the following action: Signature Date CITY MANAGER ACTION After review of the above evaluation, I recommend the following action: Signature Date • CITY OF BROOKLYN CENTER Council Meeting Date 8/8/88 Agenda Item Number 1 3 b REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Preliminary 1989 Budget Review *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached X *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached History In May of 1988 city departments commenced their 1989 budget preparation. That portion of the • process is now complete and the finance department and city manager's office are compiling the proposed 1989 budget. During the next three weeks 1 will be finalizing the recommendations which will make up the city manager's proposed 1989 budget. In May of 1988 the city council, in conjunction with your staff and advisory commissions and other interested community members, completed a strategic planning process in which you established certain priorities. The remainder of this report will give you a preliminary look at some of the highlights of the proposed 1989 budget and a review of the top and high priority items from your planning process this last spring. The 1989 budget will have its biggest question marks in the revenue area. The state legislature passed a substantial overhaul of the property tax system changing many portions of the system. One of the features of these changes results in a change from the use of mills to tax capacity percentages. The net result will be confusion and difficulty in figuring out and comparing and estimating 1988 property taxes on various types of property with the proposed levies for 1989. We generally count on much of this information coming from the county assessor's office. Because of the massive changes in the legislative plan, it puts a severe burden on the county to get out the necessary information so we can validly compare dollar tax impacts between 1988 and 1989. Hopefully, sufficient information about the changes in the property tax system will be available to us by the time we submit the 1989 budget for your consideration so that we can give you a reasonably accurate measure of property tax impact. In discussions with League of Minnesota Cities officials, Association of Metropolitan Municipalities officials, and other municipal officials, we are finding that most are advising cities to levy the maximum amount of their mill le limit because on three ins in the recent levy a occas o ece t past, the communities who did not levy up to their maximum levy limits were penalized in following years with reduced levy limits by the state legislature. At this time I have reduced the departmental budget requests down to a level which would amount to an approximate 5% increase in the total budget from its 1988 level. We are currently reviewing PRELIMINARY 1989 BUDGET REVIEW -2- increased personnel requirements requested by various city departments and alternative financing for some of the capital improvement projects requested. e In your planning process in May you came up with the following projects which you rated as top priorities: 1. Completion of the Earle Brown Farm development. With regard to the Earle Brown Farm development, the current schedule is for the EDA to review the finalized general concept at its first meeting in September. The planning commission is to receive the project for special use and site and building plan approval at their first meeting in September. The city council will then receive the planning commission recommendation at its last meeting of September. We then anticipate after that meeting 12 weeks of design and bid document completion with an anticipated bidding right around January 1, commencing construction early in the spring of 1989 and an anticipated completion of the bed and breakfast or inn portion of the project in July of '89, and the final completion of the hippodrome, stable and other barns by December of 1989. 2. Completion and adoption of a redevelopment strategy - policy. The current status of these two projects are that the EDA staff, in conjunction with the planning department and my office, will complete the basic redevelopment strategy and policy documents within the calendar year 1988. 3. Redevelopment plan for 69th and Brooklyn Boulevard. Currently we have the engineering firm of Short, Elliott and Hendrickson developing a concept design for the improvement of the intersection of 69th and Brooklyn Boulevard, as well as its connection easterly to Shingle Creek Parkway and beyond. This concept design project should be coming to the city council in late 1988 and upon council review and approval of the general concept design of the roadway, it would be my recommendation we then commence review of a redevelopment plan for this intersection. 4. Redevelopment plan for the Lynbrook Bowl area. Because the planning department and the EDA director will be heavily involved for the next six to eight months with the Earle Brown Farm project, the 69th and Brooklyn Boulevard project, and development of a planned unit development ordinance, I would recommend that work on the Lynbrook area redevelopment plan be put off for consideration for summer of 1989. We're also going to be reviewing sections of our zoning ordinance as suggested in the planning process in conjunction with the redevelopment policy and the planned unit development ordinance amendment. 5. Planned unit development ordinance (PUD). We have currently finished basic working drafts of the planned unit development ordinance, and in the next six months I would anticipate the planning and EDA directors will have sufficient time to put the final touches on this ordinance. It should be coming before the planning commission and the city council sometime during the next six months (by February 1, 1989). i PRELIMINARY 1989 BUDGET REVIEW -3- 6. Evaluation and review of comprehensive plan. Between the last part of '88 and the first part of '89, the planning and economic development directors will also be O working on reviewing certain aspects of the comprehensive plan as it relates to our redevelopment strategies. We also are preparing an RFP for our housing analysis impact study, and the RFP should be complete within the next 60 days. 7. Traffic - 69th and Brooklyn Boulevard. The traffic flow problems pointed out in the planning session at 69th and Brooklyn Boulevard will be evaluated and a solution proposed as a part of the engineering study of that roadway as mentioned above. 8. Completion of improvements on 1 -694. The planning report priorities also emphasized the completion of the 1 -694 project, and that is proceeding slightly ahead of schedule. 9. Community survey, city newsletter, and volunteerism. The 1989 budget will contain proposals for a community survey, an expanded community newsletter, and proposals for promoting and recognizing volunteerism in Brooklyn Center. The council also established a number of "high" priority items. They are listed as follows: 1. Housing and treatment program concerns (mentally ill and chemically dependent). Two studies, an ordinance review and property value study, have been authorized. 2. Senior drop -in center study. The city council has authorized this analysis as part of an architectural study of civic center site expansion. 3. Battered youth program. Only preliminary discussion and review of possible alternatives is planned at this time. (Could be referred to human rights and resources commission.) 4. Housing impact study (this project has an RFP under development as described above). 5. Proactive housing maintenance -rehab program. The 1989 proposed budget will contain a proposal for expanded housing inspection activities on the part of the city. The housing commission may wish to review a "point of sale inspection" ordinance. 6. Solid waste management - recycling. The city is currently, in conjunction with the HRG, awaiting submittals on a request for proposal for recycling curbside pickup for Brooklyn Center with an estimated implementation of the recycling program in early 1989. A lawsuit by B.F.I. has placed the organized refuse collection program on hold for the time being. 7. Crime prevention fund expansion. The crime fund has now risen to a funding level of $30,000 and the annual revenue from the Dudley softball tournament should keep it financially healthy. 8. Police service master plan. The police department is putting the final touches on the master plan and a proposal for additional manpower will be contained in the 1989 proposed budget. 9. Neighborhood watch program expansion. We have steadily been able to increase the number of neighborhood watch programs. It appears that that trend will continue, and we will place continued effort in this area. 10. Fire service expansion and master plan. The fire chief will be presenting an outline of the master plan study to my office within the next six months. 11. Aging population service needs. Senior drop -in center analysis has been authorized and senior transportation needs are being evaluated. PRELIMINARY 1989 BUDGET REVIEW -4- Drug education - prevention program The city will be proposing, in conjunction with all school districts serving Brooklyn Center, a drug education program similar to the D.A.R.E. program emanating • from the city of Los Angeles and currently being developed in Minneapolis. The drug education prevention program was not directly considered as a priority during our planning session although various aspects were discussed. The mayor's task force on drugs has reviewed the D.A.R.E. program and is most supportive. Because of the importance of this issues, I believe the city council should consider adding this type of program as a "top" priority issue. RECOMMENDATION: We recommend the city council, by motion, add the following issue to their Top Priority list: Development of a drug education - prevention program. The purpose of discussing our priorities just prior to your review of the 1989 proposed budget is to help the council keep in mind priorities and to further integrate our planning process with the budgeting process. 0 • CITY OF BROOKLYN CENTER Council tweeting oate 8 -8 -88 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Rental Dwelling License - 4010 65th Avenue North ********* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ****************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APP Signature - title Director of Planninj an Ins.ection MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached On June 22, 1987 the City Council unanimously denied the renewal of a rental dwelling license requested by Mr. Joe Hamm to operate a rental dwelling at 4010 65th Avenue North. This action was taken after giving Mr. Hamm proper notice and the S opportunity to speak in support of his requested rental dwelling license renewal. The reason the City Council did not renew the rental license was that Mr. Hamm had been renting four dwelling units in a building which had been approved and licensed as a three -unit building and had only enough land area to meet the Zoning Ordinance density requirements fora three -unit building. As a result of the license denial, the owner (Mr. Hamm) was not allowed to re -rent any vacant units until the license had been reinstated by the City Council. That rental license has never been reinstated. Following the City Council's denial of the rental license, the property was sold to a Mr. Joe Maas who proceeded to make arrangements to buy an additional 3,000 sq. ft. of land from neighboring property and to legally convert the building at 4010 65th Avenue North into a four -unit building. Mr. Maas had submitted Planning Commission Application No. 87019 which was a request for preliminary plat approval to replat the two parcels and transfer the necessary land area. This application was recommended for approval by the Planning Commission on August 27, 1987 and approved by the City Council on September 14, 1987 subject to five conditions (See 9 -14-87 City Council minutes relating to Planning Commission Application No. 87019 attached). Mr. Maas also received final plat approval for the land transfer on March 28, 1988, however, the plat has not been released because some judgments relating to the property have not yet been satisfied and, I believe, a death of one of the property owners has also complicated things. Summary Explanation continued • Mr. Maas has submitted a letter requesting the City Council to reissue the rental dwelling license to him for a three -unit building so that he can rent one of the units that has become vacant to a person on the rent assistance program (letter attached) . The Building Official has inspected the premises with respect to the Housing and Maintenance and Occupancy Ordinance and finds no problems. Mr. Maas has acknowledged his understanding that only three units can be rented and that he will only rent three units until other requirements can be satisfied and the platting is accomplished. I'd recommend approval of the reissuance of the rental dwelling license for a three unit building at 4010 65th Avenue North to Mr. Joe Maas until May 31, 1989 with the understanding that the fourth unit be posted "Not Licensed For Occupancy" until all the platting requirements and requirements for occupancy are met and the City Council issues a new rental license for a four -unit apartment complex at that address. 5. The applicant shall obtain a food establishment license as is determined by the Sanitarian prior to the issuance of the special use permit. 6. The applicant shall comply with all code requirements pertaining to exiting, etc. in the Building Inspector's memo of June 9, 1987, prior to issuance of the special use permit. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 7:53 p.m. and reconvened at 8:09 p.m. CONSIDERATION TO DENY THE RENEWAL OF THE RENTAL DWELLING LICENSE FOR 4010 65TH AVENUE NORTH The Director of Planning & Inspection stated staff is recommending denial of the renewal of this rental dwelling license for noncompliance with the ordinances. He stated in 1982, under Planning Commission Application No. 82044, the City Council approved a three unit building for this address. He stated the building permit was issued for a three -plex with a combination laundry, utility, storage /recreation area for the remaining floor area. He noted at the time of completion the building inspector had some concerns a fourth unit could easily be installed in this extra space. He went on to briefly review his memorandum and the events which have led up to the staff recommendation. He stated at the time of renewal this spring it was noted there were four mail boxes for the building, four phone numbers, and other tenants have stated there are four occupant spaces being rented. The Director of Planning & Inspection went on to address the letter received from Mr. Fudali, attorney for Mr. Hamm. He stated the issue is not whether the building is a three unit or four unit building. He noted Council approved the building as a three -plex and has licensed it as such since 1983. He noted Mr. Hamm was advised and well aware of the conditions and consequences if the building were rented as more than x three -plex. He noted Mr. Fudali makes some references to a variance and added a variance could only be approved if the four standards for granting a variance are met. The Director of Planning & Inspection stated staff recommends Mr. Hamm try . -to acquire additional land adjacent to his property which would permit him rent the buildings as a four - plex. Councilmember Theis inquired what provisions are made by denying the renewal of the license or revocation. The Director of Planning & Inspection stated the owner cannot rent any vacant apartments until a license has been renewed or reinstated. Mayor Nyquist recognized Joe Hamm who stated he does not understand wh he cannot rent the lower half y of the building as two units. He stated he has never had more than three people living in the lower half of the building at one time. He stated the Planning & Inspection department was aware he was renting his building this way, and he notified the department and no one ever came to look at it. Mayor Nyquist stated he is very concerned with Mr. Hamm's apparent lack 6 -22 -87 _6_ Of integrity and the fact he is contradicting the facts which his attorney stated. Mr. Hamm stated he does have four tenants living in the building but only three leases have been signed. He stated the third lease is signed jointly by the two tenants from the lower units. Councilmember Lhotka inquired what form of notification Mr. Hamm used for informing the Planning & Inspection department. Mr. Hamm stated the building inspector called to ask him how many units were being rented in the building, and he told the inspector at that time of the exact arrangements. Councilmember Hawes inquired if there is additional land available for Mr. Hamm to acquire. The Director of Planning & Inspection stated at the time the building was constructed there was additional land adjacent to Mr. Hamm's property. He stated at this time he is not sure what the status is of this additional property, but no development has taken place on it. Councilmember Theis inquired what the suttle changes were that took place in the recreation room. The Director of Planning & Inspection stated a separate entrance to the laundry and recreation room has been created, a bathroom installed, counter tops, cabinets, and a kitchen sink have also been installed. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to deny the renewal of a rental dwelling license for 4010 65th Avenue North. The motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel. He noted this item would amend sections of the personnel ordinance related to vacation time, sick leave, and leaves of absence and is offered this evening for a first reading. Councilmember Theis inquired how this amendment would affect the sick leave accruals for employees. The City Manager stated this would allow the banking of sick leave hours for the hiring of new employees. He noted at this time he has the authority to grant accruals for vacation leave but not sick leave. He stated this amendment would make the ordinance more consistent. Councilmember Theis stated he has some concerns about giving such broad authority to grant leaves without the Council's approval. The City Manager stated a "not to exceed..." 'unit could be placed-in the ordinance if the Council so wished. Councilmember Theis stated he would have no problem giving approval for a first reading if limits are placed to allow for more Council control. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve for first reading An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel. The motion passed unanimously. The public hearing was set for July 13, 1987, at 8 p.m. DISCUSSION ITEMS (CONTINUED) STORAGE OF VEHICLES AND REFUSE The City Manager briefly reviewed the slides depicting the different type of 6 -22 -87 _7_ PLANNING COMMISSION ITEMS PLANNING COMiMISSIO`o APPLICATION NO. 87018 SUBMITTED BY CSM REOUESTINO A DETERMINATION THAT DANCE STUDIOS ARE ALLOWED IN THE C1A ZONING DISTRICT The City Manager noted this item was recommended for denial by the Planning Commission at its August 27, 1987, meeting. However, he stated an ordinance amendment was recommended for this item. The Director of Planning and Inspection referred the Mayor and Councilmembers to page eight of the August 13, 1987, Planning Commission minutes and also to pages two and three of the August 27, 1987, Planning Commission minutes and the attached informational sheets. He briefly reviewed the application and noted the applicant has stated a dance studio is similar to other uses allowed in the CIA district. The applicant has also stated this would be a destination type business not a drop -in business. He noted a public hearing is not required for this application but the applicant is present this evening. The Director of Planning and Inspection stated that the proposed ordinance amendment would cover both Cl and CIA zones. He added if the amendment is approved, instructional uses would still have to apply for a special use permit. Councilmember Hawes inquired if gyms and fitness centers would fall under this category. The Director of Planning and Inspection stated these type of uses have their own category. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to deny Planning Commission Application No. 87018 submitted by CSM requesting a determination that dance studios are allowed in the CIA zoning district. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances to Allow Certain Instructional Uses in the C1 and CIA Zones. The motion passed unanimously. Public Works Coordinator Joe Oster entered the meeting at 7:43 p.m. J PLAN4ING COMMISSION APPLICATION NO. 87019 SUBMITTED BY JOE MAAS _ REQUESTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE THE LAND AT 4010 65TH AVENUE NORTH AND 6501 BROOKLYN BOULEVARD BY SHIFTING THE COMMON PROPERTY LINE 30' EASTWARD The City Manager noted this item was recommended for approval by the Planning Commission at its August 27, 1987, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages one and two of the August 27, 1987, Planning Commission minutes and the attached informational sheet with those minutes. He noted the subdivision would transfer 30' feet of land from 6501 Brooklyn Boulevard to 4010 65th Avenue North so that 4010 65th Avenue North would meet the density requirements of a four -plex. He noted the building at 4010 65th Avenue North was originally proposed as a three -plex with a recreation room and laundry area. However, he stated these common rooms have been converted illegally to a fourth dwelling unit by the existing property owner, Joe Hamm. He reminded Council that the rental license for this building has been revoked. He stated the perspective buyer, Mr. Maas, has proposed to add approximately 3,000 sq. ft. of land so that density requirements for a four - plex are met. He noted two additional parking stalls would be required for the lawful changeover to a four -plex. 9 -14 -87 -4- The Director of Planning and Inspection stated the Planning Commission recommended approval of this application subject to five conditions which he reviewed for the Council. He stated a public hearing has been scheduled for this evening and notices have been sent. Councilmember Lhotka inquired if a sixth condition should be added requiring the changeover to a four -plex. The Director of Planning and Inspection stated this could be added as a sixth condition or attached to one of the other recommended conditions. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 87019 submitted by Joe Maas. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the pu;,°_ic hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 87019 submitted by Joe Maas. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve Planning Commission Application No. 87019 submitted by Joe Maas requesting preliminary plat approval to subdivide the land at 4010 65th Avenue North and 6501 Brooklyn Boulevard by shifting the common property line 30' eastward subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Easements for drainage and utility shall be revised to take into account the existing overhead power line and the relocation of the common property line. 4. The applicant shall enter into a performance agreement with a supporting financial guarantee (in an amount to be determined by the City Manager) to assure - completion of two additional parking stalls and - relocation of the trash enclosure on the site. The guarantee shall not be released until the fourth unit in the building is established as a full one bedroom unit. 5. Approval of this application authorizes the applicant to construct a two -car garage on the site in lieu of providing two additional open off - street parking spaces. Plans for the garage are subject to review and approval by the Building Official and the City Engineer. The motion passed unanimously. —OR--DI NNCES The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. He noted this item would change the zoning classification to allow for the Maranatha addition. He stated this item was first read on July 27, 1987, published in the City's official newspaper on August 6, 1987, and was offered for a second reading on 9 -14 -87 _5_ August 1, 1988 To: Brooklyn Center City Council Re: Reissue of rental license for 4010 65th Avenue North Due to some financial difficulties and some problems in aquiring the additional land (3,000 Sq. Ft.) my re -plat of the property at 4010 65th Avenue North has been delayed. I have remedied these problems and anticipate to have everything completed within 90 days. At this time I am requesting to be given a rental license for a 3 unit building. I understand that there had been problems with this building and the previous owner. However, I am the owner at this time and until the re -plat is complete and the building is a proper 4 -plex I will only rent 3 units. The building at this time meets all the qualifications for a 3 unit and I believe I should be granted my request. Sincerely, oe Maas l� Licenses to be approved by the City Council on August 8, 1988: FOOD ESTABLISHMENT Spiritual Life Ministries 6500 Shingle Creek Pkwy. Sanitarian GARBAGE AND REFUSE COLLECTION VEHICLE Block Sanitation 6741 79th Ave. N. Browning Ferris Industries of MN 9813 Flying Cloud Dr. Robbinsdale Transfer, Inc. 5232 Hanson Court qzz"I'c Waste Management - Blaine 10050 Naples St. NE Sanitarian 4k ITINERANT FOOD ESTABLISHMENT Brooklyn Center Fire Dept. 6301 Shingle Creek Pkwy. Brooklyn Center Lioness 5324 Oliver Ave. N. Brooklyn Center Park & Rec Dept. 6301 Shingle Creek Pkwy. Sanitarian MECHANICAL SYSTEMS Del -Air Heating & Cooling 9860 James Circle PA Building Official RENTAL DWELLINGS Renewal: Savage II /Portfolio Properties 5300 -5448 Ponds Drive Savage II /Portfolio Properties 7225 -7274 Unity Ave. N. Director of Planning n` and Inspection GENERAL APPROVAL: x _.� D. K. Weeks, City Clerk