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Home My WebLink About1981 01-26 CCP Regular Session CITY COUNCIL AGENDA i l -4 CITY OF BROOKLYN CENTER JANUARY 26, 1931 7:00 P.M. S r tt RS Lei }t :,..•��' Call to Order. , , , 2. Roll Call E A. invocation Approval of Minutes - January 12, 1981 Open Forum 1`j ✓ r�` Appointment of Conservation Commission Chairman f "1. Reso utions : H L4 It 0 Calling for a Public .clearing on an Industrial. Development Revenue 1- - Bond Proposal from Federal Lumber 3 Calling for a Public Hearing on an Industrial Development Revenue 1 Bond Proposal from Ryan Construction , 1 `c. Establishing Diseased Shade Tree Removal Project No. 1981 -01, '- Approving Specifications for Diseased Shade 'free Removal Project No. 1931- -01, and Directing Advertisement for Bias for Contract No. 1981-A 3 Accepting Change Order No. 1 to Contract 1980 -F (Traffic Signal Installation at Bumboldt Avenue North and Freeway Boulevard) -This change order will accommodate a future right turn lane for eastbound Freeway Boulevard traffic onto southbound Highway 100. g� Approving Supplemental Agreements No. 3 and 5 to Contract 1980 -G - Shin le Creek Parkway and Humboldt Avenue im provements) (Shingle y Approving Contract for Professional Services for Or {rho Photo Mapping It is re.- on,mended, that the City complete this second. ..t._p of the 1-' aerial mapping program. This step produces pictures on an accurate 1" equals 100' scale with a quality which can be nsed to shoes existing conditions on many engineering plans. These pictures also provide valuable information for use by the City Planning Department and by the City assessor. Approving Subdivision Agreements With Dominion Development Corporation Regarding Replat of Tract B of RL,S 1105 .- a. Accepting Insurance Proposal:: i.. AuthD 1 zing Contract: Agreement Between the City of Brook Center and 3 = Suburban Community Servic•c�s -`Iris resolution providos for c opergtive Yecreational programming for handicapped persons in the northwest suburbs and is a renewal of similar agreements of 1970 and 1980. CITY COUNCIL AGENDA -2- January 26, 1981 Authorizing the Purchase of Litter Receptacles It is recommended the bid of Hamele Recreation Co., Inc. in the amount of $2,472.96 be accepted. ' Accepting Bids for Self- propelled Line Marking Machine Accepting Cooperative Purchasing Bids for Aluminum Signs 3 -Bids for these items are part of the Hennepin County Cooperative Purchasing Program. Acknowledging F & M Donation for Jogging and Exercise Course A Endorsing nd Supporting the Minnesota Rideshare Pro g P_ g ram g �..-' Expressing Recognition of and Apprecition for the Dedicated Public -- �''" Service of Madeleine Roche 8. Public Hearings: l c. Public Hearing on Proposed Re- assessment of Improvement Project 1978 -17 (Watermain - Brookdale Estates) - 8:00 p.m. �`- -This constitutes the final action required to approve the negotiated settlement with the owners of the Brookdale Towers Apartments. A resolution, aranti.ng formal Council approval for this re-- assessment, is provided for consideration by the Council. Pvhl.ic Hearing on Industrial Development Revenue Bond Proposal from Byerly's Foods - 8:03 p.m. 9. Planning Commission Items: (8:15 p.m.) Application No. 81.001 submitted by Federal Lumber for site and building plan approval to construct a. 49,056 gross square foot office warehouse and three accessory open storage sheds at 4810 North Lilac Drive. The Planning Commission recommended approval of Application No. 81001 at its January 15, 1981 meeting. Application No. 81002 submitted by Federal. Lumber for preliminary plat approval to combine into one parcel all of the land occlApied by the Federal Lumber operation. Redefinition of North Lilac Drive right -of -way is involved. The Planning Commission recommended approval of Application No. 81002 at its January 15, 1931. meeting. In addition to the request for preliminary plat approval., Federal Lumber is requesting the vacation of a portion of North Lilac Dive adjacent to their property and the release of the underlying property to them. -Title to the property in question was provided via quit claim deed "for roadway purposes" '-o the City. To release this title, the following action; is required: An ordinance vacating the street (1st reading) . CITY COUNCIL AGENDA -3- January 26, 1981 Application No. 81003 submitted by Meriwether Restaurants Inc. for site and building plan approval to construct a 238 seat restaurant on the parcel of land located at the southwest corner of Shingle Creek Parkway and Freeway Boulevard. The Planning Comrr:ission recommended approval of Application No. 81003 at its January 15, 1981 meeting. Application No. 81004 submitted b Meriwether. Restaurants Inc. for Pp Y preliminary RLS approval establishing new boundaries for the parcel of land at the southwest corner of Shingle Creek Parkway and Freeway Boulevard after the highway taking. The Planning Commission I recommended approval of Application No. 81004 at its January 15, 1981 meeting. Application No. 81005 submitted by Lisa Rogers Carter for a special use permit to conduct a home occupation in the basement of the residence at 5308 Humboldt Avenue North. The Planning CoruA scion recommended approval. of Application No. 81005 at its January 15, 1981 meeting. Application No. 81006 submitted by Ryan Oldsmobile for site and building plan and special use permit approval to construct a used car sales office and a Mazda sales office connected to the existing sales building by a canopy, at 6700 Brooklyn Boulevardl. The Planning Commission recommended approval of Application No. 81006 at its January 15, 1981 meeting. Application No. 81007 submitted by Ryan Construction., /Bye.rly's Foods for site and building plan approval to construe t a 90,000 square foot food store with a 200 seat restaurant at 6100 Shingle Creek Parkway. The Planning Commission recoranended approval of Application No. 81007 at its January 15, 1981 meeting. Application No. 81008 submitted by Ryan Construction /Byerly's Foods for preliminary RLS approval. to combine into two parcels the land west and north of La north of John Martin Drive, east of Shingle Creek Parkway and south of Summit Drive. The Planning Commission recommended approval of Application No. 81008 at its January 15, 1981 meeting. d, Ji. Application No. 81009 submitted by Thor-,,as W11_helmy. This item is an 9ss"` from eat t._om the dec decision of the Di_rec: appeal of Planni.n, and PP g not to accept an application for a special use permit to construct a convenience store /gas station at the northeast corner of 69th and Brooklyn Boulevard. The property in question abuts R -1 zoned land at a property line and across June Avenue worth, conditions which prohibit a gas station use on C -2 zoned property. The Planning Commission recommended denial of the appeal at its January 15, 1981 meeting. CITY COUNCIL AGENDA -4- January 26, 1981. • 10. Discussion Items: a. Revision of Fire Relief Association Bylaws (7:30 p.m.) L -It is recommended that the bylaws of the Fire Relief Association be revised to allow an increase in pension benefits. b. Revocation of Preliminary IDR Approval for Dale Tile c. Preliminary Review of the 1981 Public Improvements Program d. 1981 Legislative Program -The staff will be prepared to discuss this year's upcoming Legislative issues. 11. Gambling licenses: a. American Little League Baseball Program - Application for a Class B license (requires a majority vote of the City Council to pass). - Waiver of the $10,000 fidelity bond (requires a unanimous vote of the City Council to pass). b. Orchard Lane Parent- Teacher Association -- Application for a Class A gambling license (requires a majority vote of the City Council to pass). Waiver of the $10,000 fidelity bond (requires a unanimous vote of the City Council to pass) 12. Licenses 13. Adjournment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BE'T'WEEN THE CITY OF BROOKLYN CENTER AND SUBURBAN COMMUNITY SERVICES WHEREAS, Suburban Community Services provides recreational services to persons with disabilities in Brooklyn Center; and WHEREAS, Suburban Community Services and the eight northwest suburban conununities participating in the cooperative programming contract did contend that a one -half time professional to coordinate the programs for persons who are handicapped would be efficient and co sL effective; and WHEREAS, the cost to the City for such services shall be $1,580 for the calendar year beginning January 1, 1981 payable in one installment not later than December 1, 1981. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager are hereby authorized to execute the contract agreement between the City of Brooklyn Center and Suburban Community Services. i Date _ Mayor ATTEST:_ Clerk The motion for t:.,e adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and -' moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF LITTER RECEPTACLES WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for the purchase of merchandise, materials or equipment, or any kind of construction work by informal quotations when the amount of such contract is less than ten thousand dollars ($10,000); and WHEREAS, the City Manager has obtained quotations on the purchase of litter receptacles and has determined that the quotation of Hamele Recre- ation Co., Inc. in the amount of $2,472.96 for litter receptacles is the best quotation submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager be authorized to contract for the purchase of litter receptacles in the amount of $2,472.96 from Hamele Recreation Co., Inc 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. QUOTATION SHEET LITTER RECEPTACLES Name of Firm Bid Hamele Recreation Co., Inc. $2,472.96 Minnesota Playground, Inc. $2,590.14 Earl F. Andersen and Assoc. $2,730.00 Miracle Recreation Equip. $3,738.00 I I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID FOR SELF- PROPELLED LINE MARKING MACHINE WHEREAS, the City Manager and City Clerk have reported that on January 22, 1981 at 11:00 a.m., they opened and tabulated bids received for the self - propelled line marking machine, and that said bids were as follows: Bidder Bid MacQueen $18,683.00 trade -in 2,350.00 $16,333.00 Ruffridge Johnson $17,437.00 trade -in 1,718.00 $15,716.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the bid of Ruffridge Johnson for the self - propelled line marking machine in the amount of $15,716.00 is deemed to be the best bid sub- mitted by a responsible bidder and said bid is hereby accepted. Date Mayor ATTEST: Clerk i The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF ALUMINUM STREET SIGNS WHEREAS, the City of Brooklyn Center is authorized to participate in the Hennepin County Purchasing Agreement; and WHEREAS, on Wednesday, December 17, 1980 at 2:00 p.m. bids were received for the furnishing and delivery of aluminum street signs. NOW, THEREFORE, BE IT RESOLVED that the bid of U. S. Standard Sign Company in the amount of $3,353.34 in accordance with specifications is deemed to be the best bid submitted by responsible bidders and said bid is hereby accepted. 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. 1� Item No. Quantity Description 8 12 12 X 6 "4 -Way 10 12 24" X 30" 30 MPH 11 12 24" X 30" 40 MPH 12 8 30" X 30" Left Lane Must Turn Left 14 6 24" X 30" Right Lane Must Turn Right 15 12 24" X 30" Keep Right 23 6 30" X 30 Curve Left 26 6 30" X 30" Curve Right 28 6 30" X 30" Reverse Curve Left 29 6 30" X 30" Reverse Curve Right 30 6 48" X 24" Single Arrow' 32 12 30" X 30" Stop Ahead 35 6 36" X 36" Signal Ahead 40 12 30" X 30" Ped Xing 45 6 30" X 30" Dead End 49 24 24" X 30" Blank Refl. white w /black border 51 6 24" X 24" Blank Refl. white w /black border 54 12 30" X 30" Blank Refl. white w /black border 56 12 30" X 30" Blank Refl. yellow w /black border 58 90 12" X 18" Blank Aluminum 60 16 18" X 18" Blank Aluminum 61 24 18" X 24" Blank Aluminum 63 6 30" X 30 Blank Aluminum 67 4 36" X 36" Blank Refl. orange w /black border 82 12 24" X 24" Blank Refl. yellow w /black border 85 12 24" X 18" Blank Refl. white w /black border 4 26 various streets signs for a total quantity of 346 signs. Total bid price for Lyle Sign Co. $3,672.84 M.R. Sign Co. $3.522.44 Hall Sign Co. $3,464.24 WIV Sign Co. $3,612.32 Vulcan Sign Co. $3,494.42 U. S. Standard Sign Co.. $3,353.34 Member introduced the following resolution and moved 'its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGI14G DONATION FROM FARMERS AND MECHANICS SAVINGS BANK WHEREAS, Farmers and Mechanics Savings Bank has presented the City with a donation of $6,865 and has designated that it be used for the purchase and development of a jogging and exercise course in Central Park; and WHEREAS, this donation has contributed substantial) to the develop- - P ment of Central Park; and WHEREAS, this donation will provide residents of Brooklyn Center with a unique and beneficial recreational facility; and WHEREAS, the City PP Council is appreciative of the donation and commends the Farmers and Mechanics Savings Bank for its civic efforts: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the donation with gratitude; and BE IT FURTHER RESOLVED that the donation of $6,865 be appropriated to the Parks Maintenance Capital Outlay Account. • Date Mayor IC I ATTEST: Clerk The T motion for the adoption of the foregoing olution was duly seconded b p resolution y y member , and upon vote being taken thereon, the following voted in favor thereof: and the followin g g voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ENDORSING AND SUPPORTING THE MINNESOTA RIDE- SHARE PROGRAM WHEREAS, the conservation of limited natural resources is essential to our national security and economic well- being; and WHEREAS, seventy five (75) out of every one hundred (100) automobiles commuting to and from work are single passenger vehicles; and WHEREAS, car - pooling can significantly reduce the nation's consumption of oil and provide substantial economic benefits to those who take advantage of car- pools; and WHEREAS, the Minnesota Rideshare Program is a statewide effort to coordinate state, local and federal efforts to promote ridesharing; and WHEREAS, the City of Brooklyn Center has been selected to serve as a focal point in the development and demonstration of the ridesharing program, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City supports the Minnesota Rideshare Program and encourages employers and employees within Brooklyn Center to praticipate in the Rideshare Program by forming car - pools. 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. s, Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICA PUBLIC SERVICE OF MADELEINE ROCHE WHEREAS, the Community Emergency Assistance Program has provided a valuable service to Brooklyn Center residents in providing services to needy residents; and WHEREAS, Madeleine Roche was one of the original founders of the Community Emergency Assistance Program and served as its Executive Director.: for the past ten years; and WHEREAS, her leadership contributed significantly to the success of the Community Emergency Assistance Program; and WHEREAS, she is now retired from her position as Executive Director of the Community Emergency Assistance Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Madeleine Roche is 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. LAW OFFICES LEFEVERE, LEFLER, KENNEDY, O'BRIEN C DRAWZ CLAYTON L. LEFEVERE 1100 FIRST NATIONAL BANK BUILDING HERBERT P. LEFLER MINNEAPOLIS MINNESOTA 5S402 BROOKLYN CENTER OFFICE J_ DEN O O'BRIEN S- JOHN E. D BROOKLYN LAW CENTER RAWZ D J. KENNEDY TELEPHONE (612) 333 -0543 5637 BROOKON BOULEVARD JOHN N B. DEAN HBROOKLYN CENTER, MINNESOTA S5.29 GLENN E. PURDUE (612)536 -8037 JAMES D. LARSON CHARLES L. LEFEVERE HERBERT RICHARD J. SCHIEFFER JEFFREY J. STRAND January 22 198"1 . D JAMES P. O'MEARA MARY J. SJORKLUND THOMAS D. CREIGHTON P1r. Brad Hoffman Cit_Y Manaqer_ City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: $1,500,000 Industrial Development Revenue Bonds (Federal Lumber Company r p Project) ect , Y a ) City of Brook lyn Center Mi nnesota Dear Brad: I have reviewed the preliminary materials prepared by Faegre & Benson and submitted to you in connection with the above project and find that they are in proper form for consideration by the City Council at its meeting on January 26th. I note that the documents do not contain a figure for the annual payroll of the employees who will be rehired ' if if this project is completed. You may wish to contact the applicant about that figure and have it inserted in the appropriate places in the documents, which are to be placed on file during the fifteen day period prior to the conducting of the public hearing. Yours very truly, y, ff� David J. Kenne y DJK :caw cc: Thomas E. Oechsler ® RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED I?II�.ISTRIALa DEVEI..OPMENT PROJECT BY FEDERAL LUI4BER COMPANY UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF BE IT RESOLVED by the City Council of City of Brooklyn Centex, Minnesota, as follows: i 1. There has been presented to this Council a pro- posal by Federal Lumber Company, a Minnesota corporation (the "Company") roject that the City undertake and finance a p pursuant j P to the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474 (the "Act ") generally consisting of the acquisition, construction, and equipping, on land presently owned by the Company within the Municipality, of an office and ware- house facility the "Project" Under the proposal, the Project facilities will be owned by the Company, and the Company will the City upon such terms and enter into a revenue agreement with Y P conditions as are necessary to produce income and revenues suffici- ent to pay when due the principal of and the interest on up to approximately $1,500,000 Industrial Development Revenue Bonds of the City to be issued pursuant to the Act, to provide monies for the acquis-J..tion, construction and installation of the Project, .and the City will pledge its interest in the revenue agreement to secure the bonds. I 2. As required by the Act, this Council conducted a public hearing on , 19 on the proposal to under- take and finance the Project after publication in the official newspaper and a newspaper of general circulation in the City of a notice setting forth the time and place of hearing; stating the general nature of the Project ct and an estimate of the principal r 1 j amount of bonds or other obligations to be issued to finance the Project; stating that a draft copy of the proposed Application to the Commissioner of Securities, together with all attachments and exhibits thereto, is available for public inspection at the office of the City Clerk, in the City Hall, at all times between the hours of 8 °30 A.M. and 4:30 P.M. each day except Saturdays, Sundays and holidays to and including the day of hearing; and stating that all parties who appear at the public hearing shall have an opportunity to express their views with respect to the proposal. The draft application to the Commissioner of Securi- ties, together with all attachments and exhibits thereto, was on file and available for public inspection at the place and times set forth in the notice. 3. It is hereby found, determined and declared that the Project furthers the purposes stated in Section 474.01 of the Act in that the purpose of the Project is and the effect thereof -3- will be to promote the public welfare by the attraction, encourage - ment and development of economically soiAnd industry and commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the reten- tion and development of industry to use the available resources of the community, in order to retain the benefit of its existing investment in educational and public service facilities; by halting the movement of talented, educated personnel of mature age to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facilities; and the more intensive development of land avail- . able in the area to rovide a more adequate tax base to finance p qu the cost of governmental services in the municipality, county and ' school district where the Project is located. 4. The Company has entered into preliminary discussions with Northwestern National Bank of Minneapolis, as financial consultant and the financial consultant has reported that the Project and the sale of bonds therefor are feasible. 5. The Company has agreed to pay any and all costs incurred by the City in connection with the Project whether or got the Pro i P�oae t zs approved by the Co mmissioner of Securities and whether or not the Project is carried to completion. 6. The Project is hereby given preliminary approval by the City subject to approval of the Project by the Commissioner of Secar iCies and sub ject. to final approval by this Council and by the purchasers of any bonds to be issued as to the ultimate details of the Project and as to the terms of the bonds. 7. In accordance with Section 474.01, Subd. 7 of the Act, the Mayor, the City Manager and such other officers and representatives of the City as may from time to time be designated are hereby authorize& and directed to submit the proposal for the Project to the Commissioner of securities and request her approval. thereof, and 1 Mayor, the City Manager and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as she may require. The Company, Messrs. Faegre & Benson as bond counsel, the City Manager, the City Attorney, and other City officials are also authorized to initiate the preparation of a proposed loan agreement and such other locumenl:s as may be necessary or appro- priate to the Project so that, ;-,Then and if the .proposed Project is approved by the Commissioner and this Co , ,zncil gives its final approval thereto, the Project may be carried forward expeditiously. 8. The Company is hereby authorized to enter into such contracts, in its own name and not as agent for the City, as may be necessary for the construction of the Project by any means available to it and in the manner it determines without advertisement for bids as may be remdi.rexd for the acquisition or construction of other municipal facilities, but the City shall not be liable on any such contracts. -4 STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) I, the undersigned, being the duly qualified and acting City Clerk of the City of Brooklyn Center, Minnesota do hereby certify that the attached extract of minutes of . a meeting of the City Council of the City held 19_, is a full, true and correct transcript therefrom insofar as the same relates to an industrial development project to be undertaken pursuant to Chapter 474, Minnesota Statutes, by the City and Federal Lumber Company. WITNESS My hand and seal officially as said City Clerk this day of 19 City Clerk (Seal) -5- LAW OFFICES LEFEVERE, LEFLER, KENNEDY, O'fBRIEN & DRAWZ 1100 FIRST NATIONAL BANK BUILDING CLAYTON L. LeFEVERE BROOKLYN CENTER OFFICE HERBERT R LEFLER MINN MINNESOTA $5402 BROOKLYN LAW CENTER J. DENNIS O'BRIEN JOHN E. DRAWZ TELEPHONE (612) 333 -0543 5637 BROOKLYN BOULEVARD DAVID J. KENNEDY BROOKLYN CENTER, MINNESOTA 55429 JOHN B. DEAN (612)536 -8037 GLENN E. PURDUE JAMES D. LARSON RICHARD J.SCHIEFFER CHARLES L.LeFEVERE HERBERT P. STRAND,III January 22, 1981 JEFFREY J. STRAND JAMES P. O'MEARA MARY J. BJORKLUNO THOMAS D. CREIGHTON Mr. Brad Hoffman City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: $8,600,000 Commercial Development Revenue Bonds (Brookdale Corporate Center Project) City of Brooklyn Center, Minnesota Dear Brad: I have reviewed the materials prepared by Briggs & Morgan submitted. to you in connection with the above project, and find that they are in proper form for consideration by the City Council at its meeting on January 26th. I note that the material from Briggs & Morgan does not contain a form of Memorandum of Agreement between the City and the company of which it is our practice to require. I am, therefore, enclosing a draft Memorandum of Agreement which you should submit to the applicant for execution after the City Council has adopted the resolution giving preliminary approval to the project. You s�..very truly, David J. Cenne y DJK:caw Enclosure cc: Richard Martin Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARI14G ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHOR - IZING THE PUBLICATION OF A NOTICE OF SAID HEARING WHEREAS, (a) Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act ") gives municipalities the power to issue revenue bonds for the purpose of the encouragement and development of econom- ically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) The City Council. of the City of Brooklyn Center (the "City ") has received from Brookdale Corporate Center, Brooklyn Center, a limited partnership, a partnership to be organized under the laws of the State of Minnesota (the "Company ") a proposal that the City assist in financing a pro - ject hereinafter described, through the issuance of its industrial. revenue bonds (the "Bonds ") pursuant to the Act; (c) Before proceeding with consideration of the request of the Company it is necessary for the City to hold a public hearing on the proposal pursuant to Section 474.01, Subdivision 7b, Minnesota Statutes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. A Public Hearing on said proposal of the Company will be held at the time and place set forth in the Notice of Hearing hereto attached. 2. The general nature of the proposal an(. an estimate of the prin- cipal amount of bonds to be issued to finance the proposal are described in the form of Notice of Hearing hereto attached. 3. The Notice of said Public Hearing shall be in substantially the form contained in the Notice hereto attached. 4. A draft copy of the proposed application to the Commissioner of Securities, State of Minnesota, for approval of the project, together with proposed forms of all attachments and exhibits thereto, is on file in the office of the City Clerk. 5. The City Clerk is hereby autharized and directed to cause notices of said hearing to be given one publication in the official newspaper and a newspaper of general_ circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for said hearing, as shown in the notice of hearing hereto attached. 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. RESOLUTION NO. NOTICE OP PUBLIC HEARING ON A .PROPOSAL I'OR A C01- IMERCIAL FACILITIES DEVELOPS IENT PROJECT To whom it may concern: Notice is hereby given that the City Council of the City of Brooklyn Center, Minnesota will meet at the City Hall in the City of Brooklyn Center, Minnesota at _ o'clock _.m. on January , 1981, to consider the proposal Brookdale Corporate Center, Brooklyn Center., a limited partnership, that the City assist in financing a project hereinafter described by the issuance of industrial development revenue bonds. Description of Project A 116,000 square foot general purpose office buildinq to he located immediately south of Interstate 94 at the corner of Shingle Creek Parkway and Summit Drive. The estimated principal amount of bonds or other obli- gations to be issued to finance this project is,$8,600,000. Said bonds or other obligations if and when issued will not constitute a charge, lien or encumbrance upon any r propety of the City except the project and such bonds or obligations will not be a charge against the City's general credit or taxing powers but are payable from sums to be paid by Brookdale Corporate Center, Brooklyn Center, a limited partnership pursuant to a revenue agreement. A draft copy of the proposed application to the Commissioner of Securities, State of Minnesota, for approval of the project, together with all attachments and exhibits there - to, is available for public inspection beginning , from 8:30 o'clock a.m. to 4:30 o'clock p.m., Monday through Friday, at the offices of the City Manager., City Hall, Brooklyn Center, Minnesota. At the time and place fixed for said Public Hearing, the City Council of the City of Brooklyn Center will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. Dated this day of January, 1981. (BY ORDER OF THE CITY COUNCIL) City Clerk Member introduced the following reso- lution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING DISEASED SHADE TREE REMOVAL IMPROVEMENT PROJECT NO. 1981 -01 , APPROVING SPECIFICA TIONS FOR DISEASED SHADE TREE REMOVAL IMPROVEMENT PROJECT NO. 1981- 01 AND DIRECTING ADVERTISEMFNT FOR BIDS (CONTRACT 1981 -A) WHEREAS, the City Council deems it necessary to initiate Diseased Shade Tree Removal Improvement Project No. 1981 -01. BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. Diseased Shade Tree Removal is hereby established as Project No. 1981 -01. 2. The specifications for Diseased Shade Tree Removal Improvement Project No. 1981 -01 are hereby approved and ordered filed with the Clerk. 3. The Clerk shall advertise for bids for such improvement by publication at least once in the official newspaper • and in the Construction Bulletin, the date of first publication not less than ten (10) days prior to the date of receipt of bids. Said notice shall state that no__bids will be considered unless sealed and filed and accompanied by a cash deposit, bid bond, cashier's check_, or certified check payable to the City Clerk in the amount of not less than one thousand dollars ($1,000.00). 4. Bid date is set for Thursday, February 19, 1981, at 11:00 a.m., standard time. 5. The City Manager and the Director of Parks and Recreation shall be authorized to open and tabulate the bids. 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: �j and the following voted against the whereupon said resolution was declared duly passed and adopted. Geiie 1 Director, Parks and Recreation January 6, 1981 SUBJECT: Shade Tree Disease Report The following statistical summary shows a comparison of Dutch Elm'and Oak Wilt activity for the past nine years: 1972 1973 1974 1975 1976. 1977 1978 1979 1980 Totals Number of Inspections 34 100 88 184 513 943 783 624 584 3853 Number Positive DED 5 6 34 47 267 614 712 487 478 2650 Number Positive Oak Wilt 0 0 4 0 0 3 0 0 0 7 Others not sampled, dead and removed 0 18 158 65 75 52 0 0 0 368 TOTAL TREES REMOVED 5 24 196 112 342 669 712 487 478 3025 Number brush piles, logs noted and removed. 128 44 58 230 Number stumps (blvd) noted and removed 102 6 3 � • Number stumps (private) noted and debarked or removed. 68 l9 13 95 Number of trees removed by: BLVD. PRIV Contractor 53 337 City Crew 43 (Park) Owner 2 43 Number of stumps only removed by: Contractor 62 City Crew 0 Owner 13 At the present time there are 10 locations with trees, stumps, or brush that have work to be completed. All owners have been contacted. Work is either in progress at this time or will be completed prior to the deadline of April 1, 1981, as required by State Statute. Replanting Number of trees planted under the State Shade Tree Reforestation Program: 1977 Green Ash Boulevards: 32 Parks and City properties 58 Total 90 1978 Norway Maple Jade Glen Boulevards 61 Parks 14 Total 75 1979 American Linden (To be planted Spring, 1980) Boulevards 66 Parks 24 Total 90 1980 Hackberry (To be planted in Spring, 1981) Boulevards 55 Parks 20 Total 75 i Member introduced the following reso- lution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1 TO C014TRACT 1980 -F (TRAFFIC SIGNALS AT HUMBOLDT AVENUE NORTH AND FREEWAY BOULEVARD) WHEREAS, the Minnesota Department of Transportation (IIN /DOT) has agreed to modify the southwest intersection corner radius at Humboldt Avenue North and Freewav Boulevard to accomodate future turnlane installation by the City of Brooklyn Center; and WHEREAS, the noted intersection modification has resulted in the need to alter the mast arm length of the signal support and modify the installation of related underground appurtenances at a total cost increase of $1,951.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the above modifications to Contract 1980 -F are hereby approved. The Mayor and City Manager are hereby authorized to execute Change Order No. 1 to Contract 1980 -F, pro- viding for said modifications at a total cost of $1,951.00. • 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. • 7 [ " ►; i i SHORT- EI,LIOT'i'- I INC., IFIANGE ORDER November 28, 1980 Freeway Blvd. & Humboldt DATE: LOCATIO\ : — Avenue CHANGE, ORDER ti0.__. 1 ONN''1\7ER: City of B Ce PROJECT NO. 1979 -10 FILE NO.: 80123 Nature of Chan_;e Description and Cost: r Change mast arm length from 30' to 35' for pole #4 in southwest corner due to change in intersection corner radius by Mn /DOT. Cost - $ 550.00 Make several modifications to conduit and handhole locations in southwest corner of intersection due to change of source of power from wood pole to ground -mount location by N.S.P. and city, g and due to ch in intersection corner radius by Mn /DOT. Relocate phote- electric cell to siren pole. Relocate street light extension. Cost - 1,401.00 See attached drawing__dated September. 30, 1980. TOTAL COST $1,951.00 Is Cost Actual or Estimated? This authorizes Contractor to perform this work as part of Base Contract when signed by all parties. Recommended for Approval: Short-Elliott-Hendrickson, Inc. Approved for Owner: Glen Van Wormer Agre by contractor: By 'Title By Distribution -- witractor 2 Owner 1 Resident End -ineer 1 St. Paul Office 1 Shor t.- Elliott- Ilendricl:�on, Inc. 222 i�:,ast Little Canada Road Saint. Paul, 'Minnesota 55117 L Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENTS NOS. 3 and 5 TO CONTRACT 1980 -G (SHINGLE CREEK PARKWAY AND HUMBOLDT AVENUE NORTH) WHEREAS, the City Engineer has deemed it necessary that certain modifications be made to the contract for the Shingle Creek Parkway and Humboldt Avenue North (at Freeway Boulevard) improvement projects Nos. 1978 -45B and 46 and 1980 -07 respectively, and said modifications are incorporated into Supplemental Agreements No. 3 and 5 as follows: Supplemental Agreement No. 3 (Humboldt Avenue North Improvement Project 1980 -07) Furnish and install bituminous wear course pavement (MN /DOT Spec. 2361) as required for drainage purposes; Increase in contract amount = $1,160.00 Supplemental Agreement No. 5 (Shingle Creek Parkway Improvement Project 1978 -45B and 46) Modify existing catch basins as required for drainage purposes; Remove inplace concrete curb and gutter and roadway sub- grade material as required to facilitate roadway paving- Provide variable thickness concrete walk and concrete median and transition curb and gutter adjacent to bridges 27622 and 27623 at Shingle Creek; Increase in contract amount = $13,821.54 Total increase in contract amount = $14,981.54 Supplemental Agreements 3 and 5 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the above modifications to the Shingle Creek Parkway and Humboldt Avenue North improvement projects are hereby approved. The Mayor and City Manager are hereby authorized to execute Supplemental Agreements No. 3 and 5 to Contract 1980 -G nro- viding for said modifications at a total cost of $14,981.54. Date _ Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 5526 —BANN DIVISION, STUART- 110OPER CO., MN. JN.n(DOT 2134(5 -78) J ,', "! E OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. to Contract No. 1920 - G No. 3 P LE 12-147 L PZ Env EN T Sheet of 1 =s`tor. Fed. Project State Project No. Thcros & Sons Construction, Inc. 109 -1Q$- 2 sdress � Location 419 3rd Street S.E. Osseo Mrd Hlmboldt Avenue 1 at Free Blvd This contract is amended as follows: 3 w;Q jEA.S: The Plans and Specifications for Project 1980 -07 require the installation of ZUR o� 2361 Bituminous Wear Course Mixture as an overlay on Humboldt Avenue rl rth at .�ti Freeway Boulevard; and w „ • °'L V ZEAS: 1Z Contract Quantity was provided in Contract 1980 -G for the described work; and p 4��: Thomas and Sons Construction, Inc. has a contractural agreemnt for the improve- ; a rent of Humboldt Avenue Ibrth at Freeway Boulevard; E NOW, TF=ORE, BE IT RESOLVED: That Thomas and Sons Construction, Inc. place 2361 o Bituminus Ua= Course Mixture according to the ranxi.rements of tL^1 /DOT Srecifi 4s 'CS °° cations 2361 and appropriate provisions of Contract 1980 -G.. Pay for all ' labor, materials, tools,and ecrui.pment shall be as outlined belcTA7: Est. Estimated a t er. I\b Ite Unit Un it Pr ice Q ant Amount 2361.508 Wearing Course Mixture Ton $30.00 30 $ .900.00 2361.504 Asphalt Cement Ton $130.00 2 $ 260. Q. 5 Y ZCJTAI. — $1,160.00 y o g NXE: The noted work results in an increase of $1,160.00 in the Contract Amount. It is Q requested that MSS funds be encumbered for the described work. a.� >0 63� 1 Pro.No. Account l.i). Organization F.V.' Requisition No. Vendor Number Type Terms Source S, Act. Task S. T k Cost, Job or Client Ccde Amount Suffix Object SEND r Inn OF TRANSACTION i -9—a Entered by A40 A41 ?` um er ❑ El a Entered by A4 4 A45 A46 Date Number ._ Oripial Contract $451,691.00 / .ner of Administration . A. #1 9, 743. 55 Bated 1;�AqJ 19 YJ S.A. 1# 1,097.50 ApVov, by Prui I I'll i +; j xur �r4hitrit Dated �.1� 19 X. __ Accepfcd by ontrr,:tor (Approved as to form and execution Dated 19 . ;fed I - -- - 5526 —BANK DI VISION, STUART- HOOPER CO., MN. Mn /DOT 2134(5 -78) S f`ATE OF tINIINNESOTA DEPARTMENT OF TRANSPORTATION Stipp. to Contract No. No. _ 5 _ 0 r vj �c � AGREEMEN Sheet 1 of 2 aor Fed. Project State Project No. `a K)mas & Sons Construc Lion, Ire 109- 109 -17 d 3zess Location 1 419 3rd Street S.E., Osseo, M1 Shingle Creek Parkway t This contract is amended as follows: . :° o 3 4 ; The Contractor, Thongs arm Sons Construction, inc shall provide men, ecxui.pmnt, and G materials to modify existing catch basin structures at the not©. locations to insure r-ab adequate storm water disposal within the roads W 1 *0 u [ a a o St atio n Location 62 + 53 Median -- Eastbound Lane >'o o 74 + 50 Median - aa stbo Lane 76 + 30 Median - Eastbound Lane Mao 83 + 92 Outside Curb - Das't;bound Lane „b 33 + 92 Median - Fastboi -m Lane p ° v 103 + 25 Outside Curb - tt?estbound Lane :a N u a� 106 + 8 i. � 9 O uts ide Curb West Lane I o . f aa-� Irl addition, the Contractor shall provide B.18 (include. transition from B618) concr te b� = curb and gutter, variable thicjmess concrete median, variable thic)mess transition side- walk, and man ajer and equipment required in the removal of inplace concrete structures and roadway subgrade material adjacent to bridges 27622 and 27623. The above described vurk shall be complete in accordance with the provisions of appro- priate PZT/DOT Specifications and the Srxecial Provisions of the Project Manual for N 3 Contract 1930 -G. wa^ ouc. 4)F p Gp i o ° p r1 Pro.No. Account 1.D. Organization F.V. Re c uisition No. Vendor Nun 1 bcr Type Terms Source S.Act. Task S. Task Cost, ]ob or Client Code Amount Suffix Object SEND TYPE OF TRANSACTION n Entered by A40 1 -1 A41 Date �utnbcr ❑ P — _ Entered by _ A4 A46 Date Number �Original(ontrict : $41151, i� ,>sioner of Administration SA 1, 2, &4 : 11, 38 7.05 i I Dated _ 19 SA 3 1,160.OG , Approve y�1 ect Engineer d t l ineer rr architerl Dated 14 '.�/ - _- �, for -- Accepted by✓ uniractor Dated Approved as to form and execution Dated , 19 — --- --- District Director Date(1 - __._ — _ -- 19 \�)stant Attorney C ul'rai App roved by A;;en He ad S 3E)T 2!34(5 -78) ."I'E OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. to Contract No. 1980 - G No. 5 APP 1ETAL Sheet 2 of 2 Fed. Project State Project No. •:_ & So ns Construction, Inc. 109- ?.0 --17 � �� Location :.9 3rd Street S.E. , Osseo, M4 Shingle Creek Parkway l contract is amended as follows: -� Unit Est. Est. V Item lb Item Unit Price Ouantity Fount 1904 Force Account (C.B. mdif-ication) L.S. $2,984.17 1 $2,984.17 8. 1904 Force Account (grade modification) L.S. 7,544.21 1 7,544.21 `yo 2521.501 Variable thickness Concrete Walk S.F. 2.20 316.8 696.96 2531.501 Concrete Curb & Gutter B918 L.F. 9.00 121.8 1,096.20 o 2531.507 Variable thickness Concrete S.Y. 30.00 50 1,500.00 -7edian 'ICIAL ADDITION $13,821.54 � ►T- �. ?t s re- _ - iestG�; t'ia! tlere be. r ".S.A. cost �a-rticil tian in the doted E rk. y �o G3 � Pra.No. Account I.D. Organization F.V. Requisition No.� Vendor Number Type Terms Source S.Aet: Task S. Task — 71 Cost, Job or Client Code Amount Suffix Object SEND TYPE OF TRANSACTION E u Entered by A40 A4 Date Number — a U _ Entered by � A44 A45 A4G Date Number Original Contract : $451, 6 9 11.00 �ner of Administration S.A. 1, 2, 1. : 11, 007.05 Dated 19 Approv b'v Project Engineer Liz Architect S.A. 3 1,160.00 Dated Accepte y Contractor Approved as to form and execution Dated _ 19 _ District Direc Dated_ 19 A'ssitit ant rOttiirney (n .il� Appro by Agency Head 1— STATE AUDITOR IWhite 2— CONTRACTOR U'vik) 3— AGENCY Wenrod) p e'iF"t+st!GT'� �'+x.'vY.r@°r't .F.wv9,xlRTTVF w = araM°lTyy3'+SCry f S CITY OF 6301 SHINGLE CREEK PARKWAY LYN BROOK]"JIL BROOKLYN CENTER, MINNESOTA 55430 .. TELEPHONE 561 -5440 r7EL E N EMERGENCY -- POLICE - -FIRE � - 561 -5720 TO: Gerald Splinter, City Manager FROM: Sy Knapp, Director of Public VJorks DATE: January 22, 1981 RE: Orthophoto Mapping The 1981 budget for the Engineering Department includes $17,500 for the development of orthophoto maps of the portion of the City which was not covered by our 1980 aerial mapping contract (see attached map). In this step, the aerial photos taken in 1980 would be converted (via stereo- optics) to pictures with a true horizontal scale of 1` = 100`. These pictures can then be used for many preliminary engineering designs, and can be incorporated into many construction plans to show "existing" conditions. In addition, this step provides an excellent base map and source document in relating to property information from the City Assessor's office, the Planning Department, etc. I have asked for proposals from two firms for this work. Only one has been submitted as of today. However, I expect to receive the other proposal sometime tomorrow so that we can submit a recom- mendation to the Citv Council for their consideration at their January 26, 1981 meeting. c b %mt Attachment UROOK I.YN PAW r , i t . I r it J CIL I I t (� z , -r 04 17 -' '+rnnYalaren'..5y T' / II tt r / � � I y —It TII9k RL� 1" �I I 'V•'� 'l L; I {I ,I / �� // / 1r � l II II II I it 6: 51�3a y " it z i W 5 \ l� 1! l l r La. - a Loa. II 1 +r \� n; \ O I{ � fl 1'. �1 i{ {` � I { h II li �{ t li {I II, II I� , 'i; r �. •S (� `�� n` MI NNE_APO:_IS I. + i , { a '00 i Exhibit "A" Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AWA INSURANCE CONTRACTS WHEREAS, the Director of Finance has sought insurance proposals for the City's property, liability, and worker's compensation insurance coverage from the Home Insurance Company (the current carrier) and the League of Minnesota Cities Insurance Trust (LMCIT), and liquor liability insurance coverage from the Home Insurance Company and the Fred James Agency; and WHEREAS, proposals were submitted to the City and they are summarized and compared as follows: LICIT Home Insurance Worker's compensation $ 74,321 $ 78,693 Property, General Liability, Crime, and Automobile 49,075 57,568 Liquor Liability (combined stores- single limit of $500,000) 16,664 (b) $140,060 $136,2 (a) =Fred James Agency Proposal (b)= Included in Property, General Liability, Crime, and Automobile Proposal ; and WHEREAS, the Fred James Agency submitted an alternate proposal for single stores with a limit of $500,000 per store; and WHEREAS, the Associated General Agency has requested that it be continued as the City's Insurance Agent during 1981; and WHEREAS, the City Council has determined that there is a need for the League of Minnesota Cities Insurance Trust to encourage competition in the municipal insurance market; and WHEREAS, the City Council has determined that this competition will result in insurance cost savings to Brooklyn Center and all Minnesota Cities in future years: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to: 1. Accept the proposal and award an insurance contract to the League of Minnesota Cities Insurance Trust (LMCIT) for worker's compensation, property, general liability, crime, and automobile insurance for an estimated annual premium of $123,396. 2. Accept the proposal and award an insurance contract to the Fred James Agency for liquor_ liability insurance for an estimated annual premium of $18,840. RESOLUTION NO. 3. Designate the Associated General Agency as the City's insurance agent for the League of Minnesota Cities Insurance Trust (LMCIT) policies. 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. Exhibit "B" INSURANCE QUOTATIONS 1981 1980 LICIT HOME Worker's Compensation $ 87,436 $ 74,321 $ 78,693 Property, General Liability, Crime, Auto 49,075 Liquor Liability (Fred James Agency) 16,664 $ 97,000 $ 65,739 $ 57,568 Total $184,436 $140,060 $136,261 136,261 136,261 -- Difference $ 48,175 $ 3,799 • PREMIUM SUMMARY CITY OF BROOKLYN CENTER PROPERTY $ 6,983. EXCESS PROPERTY $ 2,397. INLAND MARINE $ 3,059. GENERAL LIABILITY $16,493. CRIME $ 45. AUTOVOBILE $20,098. TOTAL: $49, i OPTIONAL: PUBLIC OFFICIALS ERRORS & a 7 JISSIONS $ 4,320. Deductible Option: $5,000 TOTAL: $53,395. WITH ERRORS Premium: $4,104. & OMISSIONS Presented By: League of Minnesota Cities Insurance Trust Underwritten By: National Union Fire Insurance Company Authorized Representative 1 0 D , 6490 EXCELSIOR BOULEVARD — SUITE W -306 ST. LOUIS PARK, MINNESOTA 55426 AREA CODE 612 - 927 -4051 Name of City: Brooklyn Center Policy Period: From January 1, 1981 Estimated Annual Premium Esitmated Deposit Code Rate Payroll Pre mium Street and Road Construction 5506 $ 8.53 250,000 21,325 Waterworks 7520 5.42 112,000 6,070 Electric Power Co. 7539 3.69 Sewage Plant 7580 3.75 Firemen (Not Volunteer) 7706 9.87 Firemen (Volunteer) 7708 34.74 33,700 11,707 Policemen 7720 6.07 680,000 41,276 Store Risks Retail 8017 1.34 172,000 2,305 Clerical Office 8810 .23 445,000 1,024 • Building Operations 9015 5.95 108,000 6,426 Restaurants and Bars 9079 2.58 Parks 9102 4.28 325,000 13,910 Street Cleaning 9402 11.36 Municipal Employees & I Elected Officials 9410 2.07 580,000 12,006 Manual 116,049 Experience Modification Factor .88 Standard Premium 102,123 Premium Discount 14,687 Discounted Standard Premium 87,436 Discount 10Q /o 8,743 Net Deposit Premium 78,693 The foregoing quotation is for a deposit premium based on your estimated of payroll.. Your final, actual premium will be computed after an audit of payroll subsequent to the close of your policy year and will be subject to revisions in rate or experience modification. I General Insurance: Fire ® Bonds Casualty R} y 4 1 6490 EXCELSIOR BOULEVARD — SUITE W -306 ST. LOUIS PARK, MINNESOTA 55426 AREA CODE 612 - 927 -4051 January 7, 1981 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 ATTN: Mr. Paul Holmlund Dear Paul: Before indicating what The Home Insurance Company is willing to do for the coming year on your insurance program, I think it best to give you an indication of how the City faired last year under the Homes new Safety Program. The Home has indicated to the writer that they anticipate a minimum of 30% dividend to you for the past year. This 30% will apply on not only the Worker's Compensation but also the Package Policy and the Automobile Policy. The Home has further indicated that it could run 35% in the way of a dividend. For the coming year, Paul, excluding Worker's Compensation, The Home,is willing to write the Package Policy and Automobile Policy based on the facts and figures that you presented for an annual premium of $57,568. This is opposed to roughly $97,000 as to what they charged you last year. I sincerely trust that the above is acceptable, and that it will be decided to continue on with The Home for the coming year. Yours very trul , J hn Cho wl . Pre 1— + 6t JC:sd General Insurance: Fire o Bonds ® Casualty C *h$ LEAGUE OF MINNESOTA CITIE INSURANCE TRUST Self- Insured Workers' Compensation Quotation Data Plan Administrators Employee Benefit Administration Co. W z 6950 Wayzata Blvd. , Suit e 430 Minneapolis, Minnesota 55426 Telephone (612) 544 -0311 Name of City: Brooklyn Center Policy Period: From January 1, 1981 To January 1, 1982 Estimated Annual Premium Estimated Deposit Code Rate Payroll Premium Street and Road Construction 5506 $ 8. 53 250,000 21,325 Waterworks 7520 5.42 112,000 6,070 Electric Power Co. 7539 3. 69 Sewage Plant 7580 3.75 Firemen (Not Volunteer) 7706 9. 87 Firemen (Volunteer) 7708 34.74 33,700 11 ,707 Policemen 7720 6.07 680,000 41 Store Risks Retail 8017 1.34 172,000 2 { 30 �_ Clerical Office 8810 .23 445, 000 1,024 Building Operations 9015 5.95 108,000 6 Restaurants and Bars 9079 2.58 Parks 9102 4.28 325, 000 ~ 13,910 Street Cleaning 9402 11.36 Municipal Employees & Elected Officials9410 2.07 580,000 12, 006 Manual 110,049 Experience Modification Factor 88 Standard Premium 102 Premium Discount 14,687 Discounted Standard Premium 87,436 LMCIT Discount 15 % 13 A 15 Net Deposit Premium 74 The foregoing quotation is for a deposit premium based on your estimate of payroll. Your final, actual premium will be computed after an audit of payroll subsequent to the close of your policy year and will be subject to revisions in rate or experience modification. While you are a member of the LMCIT Workers' Compensation Plan, you will be eligible to participate in distributions from the Trust based upon claims experience and earnings of the Trust. T pe: Volunteer Civil Defense Workers covered -- Employee Benefit A ministration Co Classified Code 9410 S_ ubi _u ct to 10ending rate ch7 nc_e Preside t Week of 12/23 -�� ACCOU WRITTEN THIS WEEK 01 -01 -81 $ 20,443. Orono $ 4,531. arbl e 01 -DI -81 M 01 _ D� - 81 , $ 33,391. St. Peter 4 935. $ . 1 Arden Hills 01 -0 1 -81 01 -01 -81 $ 6,035. Kerkhoven $ 23,927 E. Grand Forks 01 -0I -81 Woodbury 01 -01 -81 $ 39,359. 01 -01 -81 $ 49,357. Minnetonka 12 -23 -80 $ 3,881. Floodwood 01 -01 -81 $ 3,228. Orr $ 9,853. Hoyt Lakes 01 -01 -81 Sebeka 01 -01 -81 $ 3,456. Da ---- -- $212,396. ACCOUNTS PRFV1 JSLY WRITTEN 01 -01 -81 $ 3,281. Miltona 01 -01 -81 .$ 5,301. Hawley $ 6,416. Rush City 01 -01 -81 03 -01 -81 $ 5,992. Wykoff $ 1.2,810: Aurora 01 -01 -81 Dassel 12-15-80 $ 6,537. 01 -0I -81 $ 6,852. Pequot Lakes $ 10,657. Lansboro 12/01 -80 01 -01 -81 $ 83,000. Winona $ 2,811. 10 -1 5 -80 • Ghent 10 -31080 $ 15,231. Mendota Heig Mead 9 1 7,500. - 10 -01 -80 $ I Crosby $ 17,532. • Dawson 11 -I1 -80 06 -01 -80 $ 7,053. • Tvarihoe 06 -08 -80 $ 5,443. • Holdingford $ 47,272. • Litchfield 06 -25 -80 07 -01 -80 $ 57,095. • Maplewood 07 -15 -80 $103,854. • Virginia $ 5,368. • Brooten 07 -27 -80 08 -01 -80 $ 11,569. • Dodge Center 08 -01 -80 $ 32,861. • Wadena $ 36,613._ • Redwood Falls 08 -01 -80 478. 09 -01 -80 $ 66,478. • Anok $ 1,520. • Lake Share 09 -24 -80 09 -11 -80 $ 17,240. • Bagley $ 50,911. Marshall 10 -01 -80 09 -30-80 p Mar 3, $ 8,9 2 • Cook $ 7,127. • Big Lake 10 -01 -80 1I -10 -80 $ 1,004. • Rushford Village $ 3,861. Motley 11-17-80 1I -17 -80 $ 11,374. • Lake Crystal $669,486. $883,882. �r a te`! �/� Grand Total: 1 �r .f;1;:�,� f.�- C�'fits"t'l' C.. �2,c.( /j•- [,1'.t',1.t:�ino1 '�: t�"'"".j� W 0 t� A( P AM V S 1) Al PMe /`1 , Participating City Participat Ci Big LakeHayt Lakes ackford Lincoln Cty. Jt. Cities Russell Hinckley Oakda Lindstrom Orono �/M�plewood f/ St. Paul Park Minneota Littlefork (City) Milroy Littlefork — Hospital Mora Walker Pelican Rapids Wilmont SartelI Kimball Hermantown Hokah Pelican Rapids V ei Mendota H ei g hts 9 Virg inia P.obbinsdale independence Holland Barnesville Skyline C orcoran orcorrzn Cologne Floodwood Belview Redwood Falls L.anesboro St. Joseph Lynd Wadena LMC H eadquarters Brooten Kandiyohi Dodge Center Delano Edgerton Crosby Montevideo Ivanhoe Williams 1 awpor;' ... W picer Goodridge /Spring Lake Park Flensburg Taconi to Hendricks Herman 'Anoka Ada Delevan Bla ckduck Foley Cook /Hi Litchfield Hopkins McIntosh Lake Wilson P +lilan St. Francis Swonvi11e C>is5 �A+fF Roth,oy Tyler wIL 1 ,5 aS Coss Lc ':< NEV i t�Dw�A s� CRO,x A1.1.� y 1.�E p�Rfc R�PrDS c. A) Ej c y LEtuls %DAo RAY ND AV0 T PAR U 1 £ K a1Es? c v��capd • 1),q o A,) nn -4QAK2 vwq EE €iil� Ll k II league of minnesota cities LEAGUE OF MINNESOTA CITIES INSURANCE TRUST SELF- INSURED WORKERS' COMPENSATION PROGRAM The League of Minnesota Cities' workers' compensation program was created as a means of lowering cities' workers' compensation cists. The program is a joint self- insured program, and is offered through the League of Minnesota Cities Insurance Trust (LXICIT), a joint powers entity. This self - insured program was designed for the League by Employee Benefits Administration Co. (EBA), based on a study of the actual premiums, losses, and experience modifications of over 100 cities for the past several years. How the Program Works Each city participating in the Program will deposit with the League of Minnesota Cities Insurance Trust its workers' compensation deposit premium for its policy year. This deposit premium is calculated using standard manual rates with the applicable volume discounts and experience modification, and discounting � m ,K from this figure. From these deposits, LMCIT will purchase reinsurance to protect the program from catastrophic and abnormal claims, pay for administrative and loss control services, and pay claims. The.balance of the deposits and reserves will be invested with the earnings accruing to the benefit of the participants. After the close of the program year, surplus monies in excess of appropriate reserves will be returned to participants under a formula taking into account the earnings and claims experience of the Trust, as well as the loss records of individual participants. Eligibility All members of the League of Minnesota Cities are eligible to participate. However, LMCIT may require a city with a poor loss record to comply with specified safety practices as a condition of participation. Administrati LMCIT has appointed Employee Benefit Administration Co. (E.B.A.), 6950 Wayzata Blvd., Suite 430, Minneapolis, Minnesota, 55426 as administrator of the program. E.B.A. presently administers a similar plan for the Minnesota School Boards Association and offers a fully qualified staff in all areas of workers' 0 (OVER) 300 hanover building, 460 cedar street, saint paul, minnesota 55101 (6 12) 222 0C31 -2- compensation administration. Cost of administration of the Program will be 10% of discounted standard premium. Services to be provided by.the administrator will include: 1. Determination of premium for participants. 2. On -site safety inspections and development of loss control program. 3. Claims processing, investigation and payment. 4. Legal counsel for disputed claims up to the Appeals Court trial. 5. Loss reports to individual participants a,nd to LMCIT. 6. Preparation of reports required by state authorities Reinsurance In order to protect LMCIT from the adverse effects of catastrophic and abnormal claims reinsurance has been arranged at a cost of 14,75% of standard premium through 9 . Ebbtide Indemnity Ltd., a Bermuda based insurance company. Ebbt ide is in turn rein- sured by a consortium of domestic and international reinsurers. The reinsurance pro- tects the trust in two ways: 1) any individual claim which exceeds $300,000 is paid by he t reinsurance , P to $ u 5 9 000 ,000• if total. claims exceed the funds avail - � and 2 ) able for loss payments, the reinsurance will pay all claims up to $3,000,000 in excess of the loss fund, Advantages of the Program c °� co sts, allow Conventional insurance carriers typically 1. Lover administrat co_ta Convention 1 s YP between 30;10 and 40% of the premium dollar for administrative costs. Your UICIT program will have comparable costs of 24.75% (10% administration plus 14.75%. reinsurance). 1 2. Investment income Earnings on investments will be returned to participants. Due to the long -term nature of certain workers' compensation claims, substan- tial reserves will be built up in the program. These reserves, along with premium deposits, will be invested; the investment income will further reduce the program costs. 3. Loss Control A specialized approach to loss control should provide practical assistance in reducing losses. . 4. Non - profit. Since the LMCIT program is non - profit, all excess funds are avai al ble for distribution to participants. Participation This program is offered to cities through independent agents. (The agent does not have the power to bind coverage, however.) In order to receive a quotation for participation in the Program, simply fill out the Self- Insured Workers' Compensation Quotation Data Sheet available from the League.office or the administrator. • Administrator Peter Tritz Employee Benefit Administration Co. League of.Minnesota Cities 6950 Wayzata Blvd.,, Suite 430 300 Hanover Bldg., 480 Cedar St. Minneapolis, MN 55426 St. Paul, MN 55101 Phone: (612) 544 -0311 Phone: (612) 222 -2861 II i � r �, +� '� Pg S tT)q �# league of minnesote cites TO: Mayors, Managers, Clerks FROM: IMCIT Board of Trustees RE: DIVIDEND DISTRIBUTION FOR 1980 The League of Minnesota Cities Insurance Trust Board has reviewed the financial data for the first eleven months of the worker's compensation program's operation. Based on the results so far, the Board voted to return to participants 25% of the premiums paid by participating cities for calendar year 1980. Participants will receive their dividend checks in early 1981. Obviously, the dividend payment is subject to the final month's experience. However, it is very unlikely that the 25% figure would be reduced. The dividend payment for individual cities will be calculated according to a formula which takes into account both the size of the city's premium and the loss experience of the individual city. Specifically, one -third of the dividend will be allocated among participants proportionate to the city's premium, and two - thirds will be allocated based on the loss experience of the individual city. Based on this formula, an individual city's dividend could range from a minimum of 8.3% of premium in a city whose losses and expenses exceed their premium, to an amount in excess of 113 of premium if a city had no losses at all. The dividend will be calculated based on experience from January 1 through December 31,1980. Cities who entered the program during the year would receive a pro rata dividend based on the number of months they participated during 1980. Since each participant received a 6% discount from standard rates on entering the program, this dividend maens that each participating city will have saved a minimum of 14.3% of their workers' compensation costs. For cities whose loss experience is good, the total savings will be much higher. The LMCIT Board consists of Orvil Johnson, Mendota Heights; Russell Feig, Raymond; Curt Snesrud, Big Lake; Mert Watson, Anoka; and Don Slater, LMC. Please feel free to contact Pete Tritz on the LMC staff if you have any questions concerning any of the I11CIT insurance programs for cities. /cmt 11/25/80 000 h nover building, 480 cedar street, saint Paul, minnesota 55101 (61 2) 222 - 2661 .? f T IS IT? g °eF °LES SAFETY GROUP r:,n. A IIN;D A dividend ADDITIONAL LX, _S p s Minnesota e o following are some examples of dividends that will be Cities. Dividends are paid to indwrduai c +* -s based on group experience. generated b the pr based on various Earned We are furnishing g y g ^ . g you with the factors for the City Safety WHO IS ELIGIBLE? Premiums and Loss Ratios: Group Program to be effective January 1, 1980. Any inn,nsn Gro up � to City, vkrf °e�r v✓rrtten directly through a The initial step is the development of the group dividend. He ag ;rti or through Agents Assistance Corporation. Loss Group 1980 Group percentage. The formula to be used is as follows: Ratio Earned Premium Dividend WHAT ARE THE COVERAGES? 25 9 5,000,000 33.6% Earned Standard Premium minus the Workers' Com- Any i ±nr,- of insursrnee currently written for cities under our 35% 5,000,000 21.7a/o P ensation Premium Discount minus the Retention Per- entage minus Converted Losses divided by Earned familiar mastheads of IST (Institutror,al), CC (Custom 45% 5,000,000 9.7% Standard Premium. Cover), EA 'Buso-ness Auto), and WC (Workers' Compen- Po ides curre fitly %vritten on a retrospective rating 25% 7,500,000 36.0 °l0 r � . o rr� ° The Earned Standard Premium reflects Property, General basis vii!! be. included .; not in the program. 35 ;0 7,500,000 24.1 /o Liability Comp en- „cmmercia� Automobile and Workers' Com en- 45% 7,500,004 12.2% sation premiums. WHO RECEIVES BENEFITS? 25% for ac ui 25% 10,000,000 37.6% The Retention Percentage includes char Minnesota Cities will have the opportunity to participate in 35% 10,000,000 25.7% c q licenses and fees, s, the savings arising from favorable group experience. Good 45 /0 o 10,GOO,G00 13.710 ° expenses, general expenses, taxes, lices, -rLr�p exp erience v ✓iiI rcuit in a dividend paid to all insurance charges, profit and contingencies. The plan part+ci;tents Using a 1980 estimate of a 25% Loss Ratio and 97,500,000 does not reflect any loss limitation factor. Earned Premium, the Dividend would be payable as follows: We calculated several retention percentages to reflect the I a Iri FLEXIBLE ri o 27 /o Dividend payable approximately May 31, 19$2 possible differing amounts of account penetration. Pricing and individual risk underwriting will remain, as (75% of total estimated Dividend) flexible as before. Good risks will continue to receive 9% H in escrow and payable approximately Total Earned Retention competitive pricing. May 31, 1983 Standard Premium Percentage 36% Total Dividend Payable 912,500,G 3 ^.0�� IS IT COl"OPETITIVE? y 10,000,000 31. 1 , ,o The escrow represents 25% of total estimated dividends 7,500,000 32.6% The Safety Group will become a major competitive tool P 34 g% for Home affiliated agents interested in writing city and is withheld to cover possible loss reserve changes or 5 °, business. late reported losses. If at the time of a loss review in early ,o 2,500,000 39.5 1983, outstanding losses have not increased, the escrow Converted Losses are the Incurred Losses times the Loss WILL THERE BE CONTINIJI T Y? amount will be paid out in full. If the loss ratio is found to Development Factor times the Los: Conversion Factor. have increased, the escrowed amount (and only the The Less Development Factor is 1.510 for the First The Home Insurance Company, a maicr market for City escrowed amount), will be reduced to cover the increased Evaluation and 1.3% for the Second Evaluation. The Loss business, will continue to remain a major market. The losses. In no event will group participants be assessed to Conversion Factor is 1.175 %. Home offers a proven background of long experience and help pay increased losses. professional handling of City business. The following examples will give a good idea of the total The proposed evaluation date for the first dividend is WHAT IS THE EFFECTIVE DATE? dollar dividend paid to an individual city based on the March 31, 1982 with the dividend calculations due city's particular premium level. Examples again assume a approximately 60 days after the evaluation date. Recogni- Effec"ve date is January 1, 1980, The exact date of your group foss ratio of 25% and a group earned premium level zing that many losses will not have matured by that date, City's entrance into the program would be determined by of 97,500,000. only 75% of the estimated dividend will be paid out in the current anniversary dates of your city's policies. 1982. The remaining 25% will be held in escrow for a Total 75% Payable second evaluation in March, 1983. Premium Dividend 5 -31 -82 25% Escrow* The following is an example to illustrate the calculation of 910,000 9 3,600 (36 %) 9 2,700 (27 %) 9 900(9%) the group dividend percentage and the individual risk 25,000 9,000(36%) 6,750(27%) 2,250(9%) dividend for both evaluations. 50,000 18,000 (36 %) 13,500 (27 %) 4,500(9%) *Subject to no increase in Loss Ratio at evaluation 5- 31 -83. We must remind you that dividends by law can not be guaranteed, being paid only from earned surplus upon evaluation, by the Board of Directors of The Home Insurance Companies. i almost $300,000 of standard pre rnium. Participants include some very small cities and some ® relatively large cities, with pay - L eF s ments ranging from less than $400 to over $50,000 respectively. Beca o f are ' emi period of operation, it rela b rief is not possible to say anything meaningful about the program's loss exper- ience. To date, the claims that have On June 1, the League's property The program provides coverage een filed are minimal. and liability insurance program for automotive liability and Cities interested in the LMCIT went into operation. With the physical damage, comprehensive vorkers' compensation program inception of this program, the general liability, public officials' should have their agent submit the League now has available a full errors and omissions, and proper - city's renewal information to EBA range of insurance coverage for ty. The liability coverage limits are Inc., 6950 Wayzata Boulevard, Suite cities, including workers' compen- $500,000, combined single limit. 430, Minneapolis, MN 55426, (612) sation and employee health ben- Umbrella coverage is also available 544 -0311. efits as well as property and liability if the city desires higher limits. coverage. All three of these Health insurance programs are operated through a The program is offered to cities the through local agents.- Underwrit- Since January 1, LMCIT has had }Dint powers organization, League'af Minnesota Cities the ing, rating, and policy issuance are available a group health insurance a ur- ance Trust (LMCIT For further performed by Nordstrom Risk program, in cooperation with information on any of these Management, which also acts as Washington National insurance programs, contact Peter Tritz at consultant to LMCIT in the man- Company. The plan is open to any the League offices, 300 Hanover agement of this program. LMCIT city having. two or more em Building, 480 Cedar Street, St. Paul, will be responsible for collecting ployees. Coverage is subject to a MN 55101, (612) ?22- 2861. Property cities' premiums and disbursing the $100 deductible. After that, the — Prop e � funds! to National Union and to insurance pays 80% of the covered rty and liability insurance other companies providing ser- individual's medical costs, until the The LMCIT property and liability vices. individual has paid $500 (plus the insurance program is designed to $100 deductible). After that, the provide cities with broad insurance Cities interested in this program plan pays 100 %, up to one million coverage, while assuring that the should have their agent of record dollars. Also included are $5,000 premium rates will be directly submit the city's renewal informa- life insurance on the employee and related. to the losses experienced tion to Nordstrom Risk Man- optional (at extra cost) short -term by the participating cities as a agement, 1300 Northwestern Fi- disability coverage. group. Under the program, a nancial Center, 7900 Xerxes Aven- standard insurance policy is issued ce South, Minneapolis, MN 55431, The monthly premium under to the participating city by National (612) 830 -3000. this program is $32.17 for single Union Fire Insurance Company. coverage and $81.38 for family National Union is one of the AIG Workers' compensation coverage. There is also a $10 per employee annual lee group companies, and is a Class XV The LMCIT w L�1CIT s administra workers' compensa- cover tive co sts. (reserves over $100 million) com- tion program has been in opera- � f pany with a policyholders rating of tion since January 1. This is a jo Currently, a total o 20 cities, A+ (excellent). self- insured program, protected by representing 150 employees, are Through a contractual agree- excess insurance. (For a more participating in the health insur meat with National Union, LMCIT complete explanation of how the ance program. shares in both the premiums workers' compensation program For further information on the collected and the losses paid under works, see the March, 1980 issue health insurance program, cities the program. Any funds accrued by of MiNNESOTA CITIES.) can contact Dayton Fiebiger, LMCIT in excess of what is needed As of the end of May, 29 cities Washington National Insurance to operate, the prograrn will be (plus the League Of. Minnesota Company, Suite 472, 6600 France available to further reduce cities' Cities) Had joined the Li's1CIT insurance costs. program. These cities represent (Continued on page 75) i -� _ .— MINNESOTA CITIES Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RE- ASSESSING WATERMAIN IMPROVEMENT NO. 1978 - 1.7 ON L OT 3, BLOCK 1, HORBAL ADD ITION WHEREAS, by Resolution No. 78 -215 passed bar the Brooklyn Center City Council on September 25, 1978, Lot 3, Block 1, Horbal Addition, Hennepin Coun=cy, Minnesota (Plat 8947 -, PIN 26- 119 - 21--44 -- 0070) was assesses: for watermain improver -ent in the amount of $5,178.81; and WHEREAS, the current property owners, Miles and Shirley Fiterman, have paid property taxes on the subject parcel in the years 1979 and 1980, which included in total the sum of $1,429.45 for special assessment Levy No. 7182 for watermain improver.ent No. 1978 -17; and WHEREAS, the City Attorney has advised the City Council that a portion of such assessment ray be invalid; and WHEREAS, notice has been duly published as required by law that this Council_ would meet in regular session on Monday, January 26, 1981, to pass upon the proposed re- assessment; and WHEREAS, a hearing has been held and opportunity has been given to all interested persons to present their objections, if any, to the proposed re- assessment; NOW, THEREFORE, BE IT RFSOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. The subject property shall_ be, and is hereby re- assessed in the amount of $3,178.81, which amount shall be entered by the City Clerk on the special assessment records on file in his office, and shall bear interest and be payable as other assessrents for Water Main Improvement No. 1970 -17, as set forth in Resolution No. 78 -215, the first payment being due with property tales payable in 1979. 2. The amount due for 1979 and 1980 under this re-- assess- ment is determined to be ~877.45. This amount shall be deducted from the amount already paid by the property owners and the remain- der, to- ;grit: $552.00, is hereby authorized to be refunded to them by the City Treasurer. 3. The Director of F1_nance of Hennepin County is directed to enter the unpaid principal balance of $2,860.93 on the. assess - ment record for Levy No. 718 2 to recal.cul_ ate the property to :,es due on the subject _arcel an' to issue a revised property tax state - ment to the propet.y o� for taxes payable in 1981. The amount of $2,860.93 shall be spread in equal annual installments over the remaining eighteen years of the levy, with annual interest at S% '� "` !"� the f irst on the u ba lance at tl�s b of each year, payment to be made in 1981. RESOLUTION NO. 4. The remainder of the original assessment, to -wit: $2,000.00 shall be paid presently by the City, and shall be deferred as an assessment against the subject property until such time as all or a portion thereof is connected to the water- main located within Irving Avenue North extended under Project No. 1978 -17, and shall be levied, upon due notice and hearing as required by law, in such manner as the Council shall at that time determine. 5. This re- assessment is made contingent upon the dismissal of all assessment appeals by the owners of the subject property arising out of the assessments for Watermain Improvement Project No. 1978 -17 and Street Surfacing Improvement Project No. 1978 -20. 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 FROM: Brad Hoffman, Administrative Assistant DATE: January 22 1981 SUBJECT: Byerly's IDR Staff Review Ryan Construction, Inc. is requesting from the City of Brooklyn Center approval of $10,000,000 in industrial development revenue bonds for the construction of a 90,000 square foot building. The site and building plans will be before the Council for approval Monday night. The site location is the southwest corner of Shingle Creel. Parkway. Guidelines: 1. Byerly's acquired the present site prior to Brooklyn Center's issuance of IDR bonds. with the construction of the freeway, land in the area is at a premium and is going to be developed rapidly. The City should exercise its use of IDR's to encour- age those developments desired by the City and that are consis- tent with the City's development plan. Byerly's development at the proposed sine, from a staff perspective, does not merely assure the rapid development of the area. • 2. The ecan.or.iic soundness of the ro ' ect �tias the subject e ct of a p 7 7 review by Juran and Moody, as per the requirements of the statute. Juran and Moody are of the opinion that the project is economically feasible and sound. 3. Based upon the proposed building size and the roughly estimated value of the building and laid, the City Assessor estimates the tax value of the project is an estimated $150,000 with $30,000 going to the City. Byerly's has projected that the store will generate approximately 350 new jobs with an annual payroll of $3,000,000. 4. The project is not a redevelo.nment project. 5. The staff feels that a Byerlys on the proposed site is the type of ualit Brooklyn Center should try to attract. It is a first q Y Y y rate store unlike any other readily available to the people in our area or on the north end of the metro area. The quality of the project is perhaps its :strongest point. Although staff would prefer to see indi,istri.al. development over commercial, Fyerly's quality offsets the concerns we have with commercial development. 6. The applicant is not delinquent on its taxes. • 7. The proposal. is consistent w -.th the City's Comprehensive Plan. 8. & 9. The applicant is aware of the provision that the bonds must be privately placed. They are also aware that the bonds must be • placed within twelve (12) months. 10. Not applicable. 11. The project will create an estimated 350 new jobs of which approximately 200 will be full time. While the project will contribute to increased traffic volumes, its access points will minimize those conflicts with traffic flow. Also, the upgrading of Shingle Creek Parkway and Summit will provide for increased traffic volumes. The project: should have a long term value to the entire area. It should serve as an attraction to shoppers from a wide area to the benefit of other business in Brooklyn Center. The staff is of the opinion that the Byerly's project is the type of develop - ment the City should seek with its Industrial Development Revenue Bonds. The quality of Byerly's is well known and can help set a level for the development of other remaining sites within the area. It will provide a significant num- ber of employment opportunities both full and part time. The economic benefits will also be realized by other businesses from the attraction of customers to Byerly's and from Byerly's employees spending money in Brooklyn Center. It is recommended that the project be approved. • • JURAN 8c MOODY, INC. MUNICIPAL BONDS EXCLUSIVELY 114 EAST SEVENTH STREET • SAINT PAUL, MINNESOTA 55101 TELEPHONE 612/258-1500 December 8, 1980 Honorable Mayor and City Council Brooklyn Center City Hall 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: PROPOSED ISSUANCE OF AN INDUSTRIAL DEVELOPMENT REVENUE BOND OF THE CITY OF BROOKLYN CENTER, MItvNESOTA (BYERLY`S OF BROOKLYN CENTER PROJECT) Gentlemen: At the request of Ryan Construction of Minnesota, Inc., we have conducted a study of the economic feasibility of the proposal that the City of Brooklyn Center issue a revenue bond under the provisions of the Minnesota Municipal Industrial Development Act to provide funds for the acquisition of land, construction and equipping of a supermarket facility located within the City of Brooklyn Center. Our study has led us to the conclusion that on the basis of current d a � or; 1 � P � f��;�ncial conditions, th Fre„_.�a .s economically feasible a nd the a revenue bond of the City can be successfully issued and sold. It is proposed that the bond would be purchased as a single debt instrurent subject to approval of the Froject by the City of Brooklyn Center and the Minnesota Commissioner of Securities and agreements as to the terms and conditions of the loan. We understand a copy of this letter will be forwarded by the Brooklyn Center City Mayor to the Commissioner of Securities of the State of Minnesota to serve as the letter of economic feasibility required by the Commissioner. Very truly yours, JURAN & MOODY, INC. � dz- c/� eonard A. Champer LAC /mr This Application :Hurt ba submitted to CO1nMis5;Gn4r in duplicate STATE o� r�,)N, "."- OTA DEPARTiMENT OF CO4`:w'V)ERCE — SECURITIES DIVISION APPLICATION FOR APPROVAL OF MUNICIPAL INDUSTRIAL FIEVEiNUE BOND PROJECT Date December 5 1980 .To: Minnesota Department of Commerce Securities Division - 500 Metro Square Building St. Paul, Minnesota 55101 The governing body of n) U n CP t r Minnesota hereby app! n e County of _�Pnnpni n } . pp.les to the Commissioner of the State of Minnesota, Securities Division- of the Department of Commerce, for approval of this community's proposed municipal Industrial Revenue .Bond Issue as required by Section 1, Subdivision 7, Chapter 474, Minnesota Statutes. b'Ve have entered into preliminary discussions with: _ FIRM _ Ryan Cnnstr �,� �f Mi nnPfinf a tnr ADDRESS 7401 _ Metrootll gar �� np l"�tP (PntPr CITY Edina _ STATE _Mi ��j State of incorporation M nnQ. n Attorney Duane Josotsh Dorsey, �dindhorst, Hannaford, Whitney & Addrexs Ra12.s _' .1. N , 1 nk Building, NacneofPreaje-ct B yerl 's of Minneapolis, Min nesota . .`C.o..�.. �rQ � n Cen �e� • This firm is engaged primarily in (nature of business): -- �L'�L"tl and cll n nm�n The funds received from the sale of the Industrial Revenue Bonds vvill be used to (general nature of project) Acquire land Canfia•e°rrr?• anri Pnrrin a UBrp fnn` crrnRr� • � - �7 . It will ba located in Brookly Center, Minnesota The total bond issue will be approximately S 1.O, it..n!�n to be applied toward payment of costs now estimated as follows: Cost ttern Amount Land Acquisition and Site Development $ 2,0 .0 0. 000 Construction Contract Q , OCO Equipirle; t Acquisition and Inw Il, tion 2 ,2 3J 000 „______,_ Architectural and El�aineering Fees 200 Legal Fees Interest during Constaiction 520 4 GOO Initial Bond Ri�:serv°e -�_ Cantingencies X0_0 IT0 0 Bond Discount j ;J�, (lt)t�a _ _ _ . �'u Other It is presently estimated that ' bnstruction will begs:) all or about � mba 15 and v. he completed on or about S 1 19 82 . �� approxi T,at °ly 350 new Fobs --- -- hen Completed, Ili -r �r i �� created by the project at an annual a roll of a $ 3,000,000 based upon currents wag R Y pproxim itely • Y prevailing The tentative term of the financing is 30 10 81 years, commencing _ September J . The following exhibits are furnished with this application and z -e incorporated herein by reference: 1. An opinion of bond counsel that the proposal constitutes a project under Minnesota Stat., Chapter 474.02. 2. A copy of the city council resolution giving preliminary approval for the iss bonds. uance of its revenue 3. A comprehensive statement by the municipality indicating hoes the project satisfies the public.: purpose of Minnesota Stat., Chapter 474.01. 4. A letter of ir:tent to purchase the bond issue or a letter confirming the feasibility of the protect from a financial standpoint. E A statement, - signed by the Mayor, to the effect that upon entering into the revenue agreement, the information required by Minn. Stat. Sec. 474.01 Subd. 8 will be submitted to the L`eparl_ meat of Economic Ueveiopment. 6. A statement signed by the Mayor, that the protect does not include any property to be sold or affixed to or consumed in the production of property for sale$ and does not include any housin g facility to be rented or used as a permanent residence. 7. A statement signed by the rvlayor that a public - hearing *was conducted pursuant to 1'ltinn. Stiff. 474.01. Subd. 7b. The statement shall include the date, time and place of the meeting and that all interested parties were afforded an oppoo unity to express their vi2tivs. 8. A copy of the notice of publication of the Public h, acing. We, the undersigned, are duly elected representatives of Minnesota, and sol ?cit your approval of this project at your earliest convenience so that we may carry it to a final conclusion. Signed by: (Principal Officers) This approval shall not be deemed to be an approval by the Commissioner of• the state of thr.. feasibility of the project or the tern - ns of the lease to be executed or the bonds to be issued therefor. Date of Approval Commissionz!r of Securities Minnesota C7epartMent of CC3MMerce Ct., 0 04t 1 4 01 This Application must ba xubmittesf to Commissioner in duplicaty STA OF M INNES OTA DEPA,STMENT OF CO3% 'jfAERc +,- — SFCURITIES t >IvIsiory APPLIC, TI01 "11 FOR APPROVAL OF MUNICI INDUSTRIAL REVENUE BOND PROJECT Date Dece 5, 1980 To: Minnesota Department of Commerce securities Division 500 Metro Square Building St. Paul, Minnesota 55101 The governing body of (¢nt�r County of Minnesota, hereby app!ies to the Commissioner of the State of Minnesota, Securities Division of �01e Department of Corn - nerce fora approval of thi • n •t r s com p �p [t S r0 c pro posed music[ � I ��`� as r Y p P , .� Industrial t,..�r,...t��. Bond Issue, egtrired I? Section `I Subdivision 7 � <� . Y r , Ch,.pter 474, Minnesota Statutes, We have entered into preliminary discussions -with: FIRM _ Rya[ � anst r �acti on o �` tii nneen ADDRESS 7401 1, CITY Edina _ STATE I • State of incorporation MinneSOtd M Dorsey, Wi ndhorst, Hannaford, Whitney Attorney Duane Joseph Address H a11 ada,y--- la t-E ti ja_LB�ank B u - i i di n (7 :) 9 Minneapolis, Minnesota Nam:! ['rra; ct - B,yerl y' s 2f' -i�l^C3�I r1. �E' This fire - n is engaged primarily in (nature of bus n'ess ): Im.._r The funds received from the sale of the Industrial Revenue Bonds will be used to (general nature of project): - -cc u i re land nrfi ri d , r� 1,��.� 9� A fit c ,^ter -c•� -- It will be located in Brooklyn Cente..r. Minnesota The total bc;nd issue will be approximatety 1: � �� ' �L�...w __ to be appl =; d toward payment of costs ne w estimated as follows: Cost Item A,rc >tttt Land Acquisition a nd :?ttxa tDmre`sv ment Construction, Contracts 4 ;7r)`j Equipment Acquisition and Ins - all;?tion ?_ ,, a 2 a ch C >r, Aritectural and Engineering F ,es Legal Fees Interest curing Construction .� � ? ti)( Initial Bond Reserve Contingencies Bond [)i�ccvlrlt � ` It is presently ostinnatcd that �nn��ruciioo vviU |xr/�x �n nrub ~ ~ ouc �7 and will h� l i d � - `mn�r u ov n' a uuz comp!ckd, Mu,u will bc "pv."^''//at�i/Y 3 2l-__ new jobs crco\eU by 1he pr 'eot at an annual payroll of app/oxinnztn!y based upon currnndy prevailing wages ^ ' The tentative term of the financing b 30 ' na�� commencing � 19 82 , . . . � � The fo!|owing exhibIts are furnished with this application and are inco�o��un�n by reference: � ' 1. An opinion of bond counsel that the proposal constitutes a un' ar . inn000ta St at., ' ' - — ~^~~^ 2. A copy of the city council resolution Diving preliminary app ' ` l for the i ssuance o re f [tn bonds ' — 3. /\ mn�vo statement by t�� r:un indicating �0vv the project t� public .� _ _, . /ul � pu purpose of Minnesota Chapter 474.01. - -' 4. A letter of irtent to purchas ' m bond issue or letter confirming the fea�bi|| '` ty of the p ' -~' from financial standpoint. 5. /\ statement, -signed by the Mayor, to the effect that upon entering into the revenue agreement, the information required by Minn. Stat Soo. 474.01 Suhd' 8 will be submitted to the Depart- ment of Economic Development' 6, A statement signed by the Mayor, that tbe pro;ect dnnn not include any property to be sold or affixed to or consumed in the production of property for saioiand does not include any housin] facility to be rented or used as a permanent residence. 7 �� statement signed by the K8oy�r that public � d d . o a p o� eari ng � vvas Con ' u��e purnuant to Minn, ta| 474�� u�d 7� Th�steterne.�»he|| ino|udat� date, time and | f � i ' ' ' . ' / a a , rnn 8 pane 0 - the meeting and 1hp1 a!| interested parties were afforded an opportunity 10 express their views D' A copy of the notice of publication of the public hearing. W� �o undersigned, a� duly �� p��1�� IDC ^ � ~~'~' ' nosota and solicit your approval of this pro at your earliest om li -- a fina ` � ' ' — �onc|V � � ^ w'go ' ~ ' This approval shall not be deemed to be an ap�| a| by the Commissioner or the state of the feasibility uf the p `actorthctornnof f o lease to be executed or the bonds to be issued therefor. Date ofA Minnesota oona'mneo, of Commerce ' . ' ' ' Member introduced the following resolution and moved its adoption: •! RESOLUTION NO. RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AN AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota (the Municipality), as follows: SECTION 1 Recitals and Findings 1.1. This Council has received a proposal that the Municipality finance a portion or all of the cost of a proposed project under Minnesota Statutes, Chapter 474 (the Act), consisting of the acquisition of land and constructing and equipping of a 90,000 square foot supermarket in the City (the Project) by Ryan Construction of Minnesota, Inc., a Minnesota corporation (hereinafter the Borrower), to be leased by the Borrower to Byerly's, Inc., a Minnesota corporation. 1.2. At a public hearing, duly noticed and held on January 26, 1981, in accordance with the Act, on the proposal to undertake and finance the Project, all parties who appeared at the hearing were given an opportunity to express their views with Project. respect to the proposal to undertake and finance the Pro u d P P P J Based on such hearing and such other facts and circumstances as this Council deems relevant, this Council hereby finds, determines and declares as follows: (a) The welfare of the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and the State has encouraged local government units to act to prevent such economic deterioration. (b) The Project would further the general purposes contemplated and described in Section 474.01 of the Act. (c) The existence of the Project would add to the tax base of the Municipality, the County and School District in which the Project is located and would provide increased opportunities for employment for residents of the Municipality and surrounding area. (d) This Council has been advised by representatives of the Borrower and Juran & Moody, Inc., investment bankers and dealers in municipal bonds, that conventional, commercial financing to pay the cost of the Project is available only on a limited basis and at such high costs of borrowing that the feasibility of operating the Project would be significantly reduced, but that with the aid of municipal borrowing, and its resulting lower borrowing cost, the Project is economically more feasible. RESOLUTION NO. III (e) This Council has also been advised by the Borrower and Juran & Moody, Inc., that on the basis of their discussions with potential buyers of tax- exempt bonds, revenue bonds of the Municipality (which may be in the form of a commercial development revenue note or notes) could be issued and sold upon favorable rates and terms to finance the Project. (f) The Muncipality is authorized by the Act to issue its revenue bonds to finance capital projects consisting of properties used and useful in connection with a revenue producing enterprise, such as that of the Borrower, and the issuance of such bonds by the Municipality would be a substantial inducement to the Borrower to acquire and construct the Project. SECTION 2 Preliminary Approval of the Project 2.1. On the basis of information given the Muncipality to date, it appears that it would be desirable for the Municipality to issue its revenue bonds under the provisions of the Act to finance the Project in the approximate amount of $10,000,000. 2.2. It is hereby determined to proceed with the Project and its financing and the Project is hereby given preliminary approval by the Municipality and the issuance of revenue bonds of the Municipality in such amount is hereby approved, subject to the approval of the Project by the Commissioner of Securities, the fulfillment of such other conditions as the Municipality may • require with respect to the issuance of its bonds in connection with the Project, and the mutual agreement of this Council and the Borrower as to the details of the bond issue and provisions for their payment. In all events, it is under- stood, however, that the bonds of the Municipality shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Municipality, except the Project, and each bond, when, as and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the Municipality. 2.3. The form of the Application to the Commissioner of Securities, with attachments, is hereby approved, and the Mayor and City Manager are authorized to execute said documents in behalf of the Municipality and are hereby authorized and directed to cause said Application to be submitted to the Commissioner of Securities for approval of the Project. SECTION 3 General 3.1. If the bonds are issued and sold, the Municipality will enter into a lease, sale or loan agreement or similar agreement satisfying the requirements of the Act (the Revenue Agreement) with the Borrower. The lease rentals, installment sale payments, loan payments or other amounts payable by the Borrower to the Municipality under the Revenue Agreement shall be sufficient to pay the principal, interest and redemption premium, if any, on the bonds as and when the same shall become due and payable. RESOLUTION NO. 3.2. The Borrower has agreed and it is hereby determined that any and all direct and indirect costs incurred by the Municipality in connection with this Project, whether or not the Project is carried to completion, and whether or not approved by the Commissioner of Securities, and whether or not the Municipality by resolution authorizes the issuance of the bonds, will be paid by the Borrower upon request. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER ORDINANCE 110. • Aid ORDINANCE V-- CATINC A POR TION OF hi01 I? LILAC DR THE CITY COUNCIL OF THE CITY F BROOKLYN CENTE DOES ORDAIN AS FOLLOWS: Section 1: That Port i n of North lac Drive located on the following described property: That part of T ract _ A, R. S. No. 546, l ying northerly of the westerly extension o he s utherly line of Tract B R_L .S. No. 546, except tha pa t lying_ southerly of a l ine runni.nq parallel with an 9 et northerly of the southerly line of said Tract B, files the Registrar of Title Hennepin County, Minnes is hereby vacated a s a public stree Section 2: This ordinanc shall e effective after adoption and thirty days following its legal publicati n. Adopted this day of 1981. Mayor ATTEST: Cl rk Published in the offi 'al newspaper Effective Date (Underline indicat s new matter, brackets indicate matter to be deleted.) Notice of Ordina ce Adoption published 3 t Jim McClure, President BCFD Relief Association Minneapolis , Mn January 12,: -981 To: ''Je.r. ry Splinter, City .tanager cc: Paul Hol.mland Jay Hruska Jim Kelly Ron Boman Subject: Request for Benefit Increases, Brooklyn Center Fire Dept. Relief Association Jerry: This memo is in response to your request in our last meeting in December relative to benefit increases in the Bylaws of the Brooklyn Center Fire Dept. Relief Association. Pensions for volunteer firefighters have traditionally been viewed as deferred compensation for the hours of unpaid service provided by the firefighters to the community. The proposed increases are based on the fact . 1- -lat fire.fighter's in Ereoklyri Center have consistently risen to the challenge of the need of i.rAGreasing our professionalism. while providing emergency services to the cit tens of Brooklyn Center. An example is the increase in the level of schooling which must be attained before beccming a regular member of the B.C.F.D. In 1975, an applicant was required to complete 48 hours of Basic Firefighting. In 1980, the applicant must complete a more intensive school and qualify as a Firefighter ?. u- der �dational Standard NFPA 1001. In addition, the applicant must complete a 40 hour Crash Injury Management course and a 15 hour Emergency Vehicle Driving course befor being accepted as a regular member. Each member is also required to attend 48 hours of department drills per year to continue their professional. development. Attendance in outside schools such as the State Fire School and Vocational courses are also encoura;ed. During the coming year., we will be qualifying all members to the Firefighter. II level of proficiency. ill Requests for emergency responses have also increased. The Brooklyn Center Fire Dept, responded to 435 calls in 1976 and 622 calls in 1960. As you know, we are the only area fire depart, gent that does not receive cGm_. for emergency runs and d_ i_ 11S . We have chosen to man the hest :nation with 2 firC :� �g1 ter s each weeknl C t and all weekend tO provide faster t.pOriSe to ca The Station duties are GO?7ip2nSc._E_ at the rate of J25.00 per duty. Page 2 Jim McClure Comparisons with several area Fire DaT)artments are as follows: Overtime Pension Run Pay A _`ter lst Hr. Drills Duty Pad 20 Yrs. Brooklyn Center 0 0 0 25.00 $150 /mo. Brooklyn Park 5.00 5.00 5.00 - $180 /mo. Crystal 4.75 3.00 2.00 - $180 /mo. Robbinsdale 6.00 6.00 6.00 - $190 /mo. Golden Valley 5.50 5.50 5.50 /hr. 5.50/hr. $1200/yr. service (lump sum) New Ho, 6.00 4.00 1.00 /hr. - $220 /mo. Plymouth 6.00 6.00 10.40 - $225/mo. The comparison reveals that Brooklyn Center lags area fire departments in providing both immediate compensation and deferred compensation in the form of a pension. I trust - that this information provides the rationale you require in recommending approval from the City Council of our reauested increase of benefits to $250 /month for active firefighters and $200 /month for retired firefighters. It is my tinder- standing that the increase will require funding by the City in the area of $12,000 in 1981 to satisfy the actuarial requirements. I would appreciate your review and concurrence with the proposed increases so that City Council action can be requested to implement the changes as of January 1, 1981. Should you have any questions, please call me at your convenience. t �r JAM /kc BYI , THE CITY OF BROOKLYN CENTER FIRE DEP'AR'Ii= RELIEF ASSOCIATION ARTICLE I. OFFICERS, TRUSTEES, AND COfSUTI'EES Section 1. Board of Tr The Board of Trustees shall be composed of the President, Vice - President, Secretary and Treasurer of this Associ- ation, and two trustees elected in the sam inner as the officers of the Association. [The Board of Trustees shall annually appoint two additional trustees, who shall be retired members of the City of Brooklyn Center Fire Department Relief Association.] The Board of Trustees shall also include the Mayor, Clerk, and Fire C o f the City of Brooklyn Center, who sha serve as ex- officio m=s Ders. ex- officio ny_ -nbers shall not serve as of ficers of the Board of Trustees. Sec 2. Term. Each officer shall hold office for the term of two years and until the officer's successor has been elected and has qualified. Each elected trustee who is not an officer shall. hold office for the term. of two years, and such terms shall expire in alternate years. Section 3. El Each officer and each elected trustee shall be a i5 Teir of the Association. The Secretary and Treasurer shall be elected at the regular annual meeting, and the President and Vice - President shall_ be elected at the regular annual meting in the alternate year. Secti 4. V Vacancies in office or any other vacancy on the Board. of Trustees shall be filled by appointment by the remaining members 46 of the Board for the unexpired portion of the term. Section 5. Removals. Any officer or elected trustee may be removed for cause at a special meeting of the members by a majority vote of those entitled to vote at an election of officers and trustees. No officer or trustee shall be ren - oved unless written notice of the meeting at which removal is to be considered states such purpose. When an officer or trustee has been removed, new officers or trustees may be elected at the same meeting to serve until the next annual meeting of the rs and until their successors have been elected and have qualified. ARTICLE II. PaZRS AND DUTIES OF OFFICERS AMID BOARD OF TRUSTEES Section 1. Preside D uty. The President shall preside at all Reetings of this Association, sign all checks drawn by the Treasurer for the payment of such suns of money as may frcx ^ time to tune be authorized by the Bylaws or as may be properly voted by the Board of Trustees, sign all certificates and notices requiring the President's signature to authenticate them, and have general supervision over the Association and its affairs. The President shall furnish a surety bond approved by and in an amount set by the Board of Trustees; the amount of bond required may be altered from tines to time -- in the discretion of the said Board. Said bond shall be paid for by the Association. Section 2. Vice - Pres D uty. The Vice - President shall assist the President and during -one President's absence or disability perform the duties of the President. Section 3. Secretary's Duty The Secretary shall give the required notice of all meetings of the Association and all meetings of the Board of Trustees. The Secretary shall notify each officer and each trustee of his or her election or appointor. --nt to office. The Secretary shall keep a minute book noting therein the proceedings at all meetings of the Association and the Board of Trustees, and a membership roster listing the names and addresses of all members of the Association, together with the date when each member became or ceased to be such. The Secretary shall act as a custodian of the seal and records of the Association, sign its official papers, and perform such other duties as may be directed by the Board of Trustees. In conjunction with the City Treasurer, the Secretary must in June of each year certify an estimate of the monies necessary to meet actuarial requirements. The books, records and other materials in the custody of the Secretary shall be at all times subject to any lawful inspection. The Secretary shall, at each regular meeting of the Board of Trustees, make a report in writing of the proceedings of the last meeting, of the names of all persons who have become or ceased to be members since the Secretary's last report, and such other information as shall show the general condition of the Association. The Secretary shall turn over all monies received by the Secretary to the Treasurer within a period of ten days and shall obtain a receipt. Section 4. Treasurer's Duty. The Treasurer of the Association shall receive and safely keep all monies belonging to the Association, and disburse the same, only as directed, by check signed by the President • and countersigned by the Treasurer. Under the direction of the City Treasurer, the Treasurer shall keep an account book in which the Trea- surer shall enter all money transactions of the Association, including the dates and amount of all receipts and the source from which derived, and the dates and amounts of all expenditures with the payee and object. At each regular meeting of the Board of Trustees, the Treasurer shall make a report stating the names of all persons to whom benefits or pensions have been paid and the amount paid to each, the amount of money received since the last report and the source thereof, the amount of money paid out and expended during such time and for what purpose, .and the amount of money on hand and where the same is invested or deposited. The Treasurer shall examine all claims against the Association and ascertain and report to the Board of Trustees whether or not they are proper and correct before the allowance thereof by said Board. The Treasurer shall furnish to the Secretary whatever information may be necessary for the maintenance of complete books and records by the Secretary, and shall perform such other duties as may be directed by the Board of Trustees. Before entering upon the duties of office, the Treasurer shall furnish a sufficient surety bond approved by and in an amount set by the Board of Trustees consistent with the Articles of Incorporation and the laws of the State of Minnesota. The amount of bond required may be altered fro-n t to time in the direction of the said Board. Said bond shall be paid for by the Association. -2- Section 5. Powers and Duties of Board of T rustees. The Board of Trustees shall have control and management of all property and funds of the Association, from whatever source derived, and shall constitute the governing body of the Association, with full power and authority to carry out the objects and purposes of the Association as set forth in the Articles of Incorporation, these Bylaws, and the laws of the State of Minnesota. Section 6. Conpensation of Secretary and Treasurer. The compensation to be paid to the Secretary and Treasurer of the Association, if any, shall be fixed and may be changed from time to time by the members at any annual or special meeting, subject to the approval of the City Council. ARTICLE III. FUNDS Section 1. D eposits. Monies belonging to this Association shall be deposited to the credit of the Association in such banks, trust companies or other depositories as the Board of Trustees may designate. Secti 2. Disbursezrents. No fund shall be disbursed for any initial service or survivor's benefits until after being reviewed by the City Treasurer. No disbursement of the funds of this Association shall be made except by checks signed by the President and countersigned by the Treasurer. Except when issued for salaries, pensions, and other fixed charges, the exact amount of which has previously been determined by the Board of Trustees or the n- enbeb-rs, no check shall be issued until such expenditure has been approved by the Board of Trustees. Section 3. Funds. All funds received by this Association from taxes levied by the City Council of Brooklyn Center for Fire Departrent relief, all funds received from the gross premiums tax levied by the state on fire insurance and related .insurance policies, and all funds or property donated, granted or devised to this Association for the benefit of this fund, or transferred to said fund, shall be kept in the fund on the Association books and shall be disbursed only for such purposes as may be authorized by the laws of the State of Minnesota. The fund shall be generally main- tained and administered by the City Treasurer and Association Trustees. Section 4. Annual Report. The Secretary and Treasurer of the Association, prior to the first day of February in each year, shall jointly prepare and sign, with the approval of the Association's Board of Trustees, a detailed and itemized report of all receipts and expenditures for the preceding calendar year_, showing the source of such receipts, and to whom and for what purpose the money has been paid and expended, and the balance of the fund. They shall file duplicate original copies thereof with the City Clerk and with the State Auditor. Section 5. Investmen To the extent that they are not required for current operating expenses, the monies of this Association shall be invested by the Board of Trustees in such income- paying properties and securities as may be authorized by law and approved by the City Council of the City of Brooklyn Center. -3- Section 6. Cu stody of Funds or Dissolution In case this Association be discontinued or the Treasurer should resign or be removed from office, or for any reason the members should fail to elect a new treasurer, the funds shall be paid to the City Treasurer to be held in trust by the City Treasurer and paid out only in accordance with the Articles of Incorporation, these Byla, and the laws of the State of Minnesota. =ICLE IV. MEMBERSHIP Section 1. Me mbership. All members of the Brooklyn Center Fire Department shall be members of the Association. Section 2. Age Requirements. No person under the age of 18 or who has reached his 56th birthday shall be accepted as a ment)er of this Association from and after the date of the adoption of these Bylaws. All members shall retire from the Association according to the pro- visions of Section 5 -102 d of the City Ordinances. Section 3. Termination of Mesnbership. Resignation or termination from the Brooklyn Center Fire Department shall be deemed resignation from the Association. ARTICLE V. M= Se 1. Meetings of th Board of Trustees. Regular meetings of the Board of Trustees shall be held at such times and places as are designated by said Board. Notice of such meetings shall not be required. Special meetings of the Board of Trustees may be called by the President or any two members of the Board by making a request therefor to the Secretary, who shall notify all members of the Board of the time, place and purpose of the meeting at least 24 hours in advance. Section 2. Annual Meeting. The annual meeting of this Association shall be held on the second Monday of December of each year, except that if said day is a holiday, said meeting shall be held on the next succeeding Monday. The place of meeting shall be designated and may be changed from time to time by the Board of Trustees. Written notice of the annual meeting shall be given to all =- - fibers at least five days in advance. Section 3. Special Meetings. Special meetings of the ambers may be called at any time upon the written order of the President and one other member of the Board of Trustees, or of five members of this Association. The Secretary shall give written or telephone notice to each member of the Board of Trustees and each member of this Association entitled to vote of the time, place and purpose of such meeting at least three days in advance. Section 4. Q uorums. A majority of the members of the Board of Trustees shall constitute a quorum for the transaction of any business at meetings of the Board and one half of the members of the Association shall constitute a quorum for the transaction of any business at the annual or at any special meeting of the members, provided that five affirmative votes shall be necessary for trustees' approval of any application for benefits and five affirmative votes shall be necessary for trustees' approval of investments. A number -4- less than a quorun may adjourn any meeting of the Board of Trustees or the annual or any special meeting of the members. Section 5. Order of Business At the annual and at all special meetings the order of business -hall be as follows: (a) Call to order (b) Roll call (c) Reading of minutes of previous meetings (d) Secretary's report (e) Treasurer's report (f) Committee reports (g) Unfinished business (h) New business (i) Adjournment Section 6. Voting. Each member in good standing shall be entitled to one vote upon any matter voted upon by the meanbership. Cumulative 'L voting and voting by proxy shall nom be permitted. I , ARTICLE VI. BENEFITS S ect i on 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 Brooklyn Center Volunteer 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 the City of Brooklyn Center, Minnesota; and (b) who has had an active period or periods of service in such Fire Department of 20 gears 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 December 31, 1980. (3) "Early .retired member" means a former member (a) who has retired from the Fire Department of the City of Brooklyn Center, Minnesota; and (b) who had an active period or periods of service in such Fire Departmi -it of more than 10 years, but less than 20 years, although such service need not be continuous[.] ; and ( c) who has retired after Dece 31, 1980. -5- (4) "Deferred pensioner" mans a former member (a) who has separated from the Fire Department of the City of Brooklyn Center, Minnesota; and (b) who has had an active period or periods of service in such 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 after December 31, 1980. (5) "Previously retired member" means any retired member, early retired rater, or deferred pensioner who separated from t he Fire Department of the City of Brooklyn Center, Minnesota prior to January 1, 1981. [(5)] (6) "Surviving spouse" means the surviving husband or wife of a member, retired a deferred pensioner, or an early retired member who was living with the firefighter as husband or wife during the time the firefighter was on active duty in the Fire Department of the City of Brooklyn Center_, Minnesota, and in the case of a retired marnber, a deferred pensioner, or an early retired member, who was married to the firefighter three or more years before the firefighter left active duty with the Fire Department. The term "surviving spouse" shall not include a surviving spouse who was not .legally residing with the member, retired member, deferred pensioner, or an early retired member at the time of the firefighter's death. [(6)] (7) "Surviving child or children" means a member's, retired nr ber's, early retired member's or a deferred pensioner's child or children under the age of 18 years, and who were living while the deceased member, retired member_, early retired mernber, or deferred pensioner served on active duty with the City of Brooklyn Center Fire Departmnt or who were born within nine months after the deceased member, retired member, early retired member, or deferred pensioner was withdrawn from active duty on the Fire Department. All leaves of absence or suspension shall be excluded in computing the period of service. [(7)} (8) "Length of service" for the purpose of determining benefits means the total time served from the date of appointment as a probationary member of the Brooklyn. Center Fire Department to the date of separation from the Department for those persons separated after January 31, 1974. For those persons separated prior to February 1, 1974, "length of service" for the purpose of determining benefits means the total time served from the date of appointment as a regular nem -r of the Brooklyn Center Fire Department to the date of separation from the Department. -6- Section 2. Service Pens Upon approval of the application therefor., a service pension of [$1.50.00] $ 250.00 per month shall be paid to each retired member during the remainder of his or her natural life. In the discretion of the Board of Trustees a stun not exceeding [$7.50] $1.2. per month for each year of active service over 20 in the Fire Department of the City of Brooklyn Center, Minnesota, may be added to this amount, but in no event shall the total amunt paid per month exceed the sum of [$187.50] $312.50 Effective January 1, 1981, the service pension for a previously retired member shall be increased by thirty -three and one -third per cent. A member who is otherwise qualified for a service pension but who has not reached the age of 50 years may retire from the Department without forfeiting the member's right to such pension. Upon the application of such np-nber, the member shall be placed on a deferred pension roll as a deferred pensioner and shall be entitled to receive said service pension upon reaching the age of 50 years and making application therefor. Upon the request of a retired member and approval of the Board of Trustees the said service pension mm be aid in a 1 sum which Trustees, I-�-n my ,be P � su shall be an amount which is 35 per cent of the annual base service pension provided by these Bylaws for each year of active service in the Fire Department of the City of Brooklyn Center. Said lump sum pay - ment shall be in _lieu of all rights to further service pension, surviving spouse's benefits and children's benefits. Section 3. Spouse's Benefits. Upon the death of a member, [a retired mat�)er, or a deferred pensioner,] the sum of [$150.00] $250.00 per month shall be paid to the surviving spouse, if any, during the remainder of the spouse's natural life or until the spouse remarries in which event this pension shall terminate as of the date of the remarriage. Upon the death of a retired member, a deferred pensioner, or a previousl retired member, the surviving spouse, if any, shall, during the remainder of the spouse's natural life or until the s pouse remarries, receive a monthly benefit equal to the benefit earned by the member at the time o the tuber's death. Persons being paid a spouse's benefit on December 31, 1980, shall receive a monthly benefit increase of thirty -three and one -third per cent. Section 4. Ch ildren Benefits. (1) Upon the death of a member, [a retired menr or a deferred pensioner] who is survived by a spouse and children, the surf of 25 per cent of the monthly base service pension per month shall be paid on behalf of each surviving child until each respective child reaches the age of 18 years, provided that the total payment to the surviving spouse and children under Sections 3 and 4 shall not exceed 200 per cent of the monthly base pension per month. -7- Upon the death of a retired member, a deferred pensioner, or a previously retired mcir -h-or who is suovived by a s and children, the s un o 25 p er cent of the monthly service pension earned b the ir.ember at t he th,le of the me- tuber' s death shall be pa.-L( on r ia11_ of each surviving child unt each respectiv c hild reaches the age of 1 8 years, provided tha the to tal pay ment to the su spouse and children under_ Sections 3 and 4 shall not exceed 200 per cent of the rxsnber's earned monthly service pension. (2) Upon the death of a member, [a retired member or a deferred pensioner] who is not survived by a spouse, or upon the death of a surviving spouse; the sum of 50 per cent of the monthly base service pension per month shall be paid on behalf of each surviving child, if any, until each respective child reaches the age of 18 years. In no event shall the total payment to the aggregate of the surviving children under the age of 18 years exceed 200 percent of the monthly base pension per month. Upon the death o f a retired member, a deferred pensioner, or a previoizs.ly .retired mer br r who is not survived by a spouse, or upon the d eat h of a surviving spouse; the sum of 50 pe cent of the monthly service pension earned by the member at the time of the member's death shall be paid monthly on behalf of each surviving child, if any, until each re spective chil _r eaches the age of 18 years. In no event shall the total paDneent to the aggregate of t he survivin children under the a ge of 18 ye exceed 2 00 per cent of the member's earned monthly service pension. (3) Persons being paid a childre benefit on December 31, 1980, shall re a monthly benefit increase of thirty -three and one -third per cent. Section 5. Funeral Benef its. In addition to the other benefits provided herein, the sum of [$1,000.00] $1,700.00 shall be paid to the surviving spouse or representative of the estate of any deceased member, retired member, previously retired member, or deferred pensioner to help defray funeral expenses. Furthermore, the sum of $500.00 shall be paid to the spouse or representatives of the estate of former [members John Christofferson and] member Torphin E. Johnson, whose [memberships were] members was severed by virtue of reaching the maximum age limitation prior to achieving 20 years of service and prior to the enactment of the Brooklyn Center Fire Department Pension Taw of 1967. Section 6. Early Retirement or Severance. (1) Upon application therefor, an early retired member who has performed service in the Fire Department of the City of Brooklyn Center for more than 10 years, but less than 20 years, when the firefighter's position is eliminated or the firefighter becomes physically or mentally disabled so as to be incapable of perfoi- service in the Department, or when the firefighter resigns in good standing from the Department, shall be paid a mcnthly service pension com- mencing when the firefighter reaches the age of 50 years, the amount of said service pension to bear the same propor- -8- tion to the amount of the pension the firefighter would have received if the firefighter had served 20 years as the firefighter's years of service bear to 20 years of service, or alternatively, may be paid a lug sum service benefit after the firefighter has reached the age of 50 years, which service pension shall be an amunt which is 35 per cent of the annual base service pension provided by these Bylaws for each year of active service in the Fire Department of the City of Brooklyn Center. The provision of this subdivision (1) shall apply retroactively to any such early retirement effected after June 12, 1967; provided, however, that benefits shall not be paid retro- active from February 15, 1968. (2) Upon application therefor, a surviving spouse's benefit, children's benefit and funeral benefit shall be paid pursuant to the provisions of Section 3 and 4 in respect of an early retired member who had performed service in the Fire Department of the City of Brooklyn Center, Minnesota, for more than 10 years but less than 20 nears, when the firefighter's position was eliminated or the firefighter became physically or mentally disabled so as to be incapable of performing service in the Depart- n)�izt, or when the firefighter resigned in good standing from the Department; the amount of such benefits the firefighter would have received if the firefighter had served 20 years as the firefighter's years of service bear to 20 years service. The provisions of this subdi- vision (2) shall apply only to such early retirement effected subsequent to June 12, 1967; provided, however, that benefit payments shall not be paid retroactive from February 15, 1968. [ Section 7. D isabilit - V Benfits. (]) Upon the approval of the Board of ^rustees, a member who - incurs a Fire Department duty related 'i T to the extent disability - � t that the firefighter i g s not physically able to perform the duties f P o the firefighter's occupation and that the firefighter consequently qualifies for and receives Workmen's Conpensation benefits, may be paid a supplemental amount of 25 per cent of the monthly base service pension per week of disability that the firefighter qualifies for and receives Workmen's Com- pensation benefits provided that the total aggregate supplemental payments to any member shall not exceed thirty -six monthly payments per occurrence. (2) In the event a member incurs a Fire Department duty related disability to the extent that the firefighter is not physically able to perform the duties of the firefighter's occupation and to the extent that the disability does not qualify for . orl�m�en's Cor.�ensation benefits by reason of the waiting period for such benefits, such rienbers, may, upon the approval of the Board of Trustees, be paid a maximum of $141.00 at the rate of $47.00 per diem.] -9- Section [8. 7. Payments F ]xempt. 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 VII. APPLICATIal FOR BEILFITS Section 1. F orm. All applications for benefits shall be made in writing on forms supplied by the Secretary. Section 2. [ Applications for Disability Benefits. All applications for disability benefits shall be submitted to the Board of Trustees. Applications for disability benefits shall be made by or on behalf of the applicant within 7 days after returning to work or being discharged by their physician. The Board of Trustees may require the member to furnish evidence of original or continued disability as and when deemed necessary and may require the comber to submit to a physical or mental examination by a doctor selected by the Board. Failure to furnish such requested evidence or to subad t to such examination shall be cause for denial or discontinuance of benefits.] [Se ction 3. ] Application for Pensions. All applications for pensions shall be subrrstted to the Board of Trustees at a regular meeting or special meeting of the Board. Applications shall be verified by an oath of the applicant and shall state the following: (a) The age of the applicant; (b) The period of service in and the date of retirement from the Fire Department of the City of Brooklyn Center, Minnesota; (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 me ber of the Brooklyn Center Fire Department Relief Association by law or by these Bylaws shall 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 number, early retired member, previously retired member, or deferred pensioner first became entitled to receive a pension or benefit pursuant to law or these Bylaws. The election by retired member [or] , early retired member , or previously retired mem ber of a monthly service pension shall be waiver and release of the retired member's [or] , early retired member's , or previously retired m ember's right to elect a lun s - LAa pension and shall be binding upon the surviving spouse and children. Similarly, the election to receive • a lump sum pension shall be a waiver and release of any right to elect a monthly service pension. -1.0- Section [4. 3. Approval of Applications. • (a) No benefits or pensions shall be paid until the 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 pant of such benefits or pensions, and if the Board deems it for the best interest of the Asso- ciation, 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) Leaves of Absence or Suspension. All leaves of absence or suspensions shall be excluded in computing the period of service. (c) 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 VIII. DISCONTINUANCE OF VOLUNTEER FIRE DEPARTMENT S ection 1. Lump Sum Benefits. In the event that the services of all volunteer firefighters are discontinued, the volunteer division of the City of Brooklyn Center Fire Department is abolished, the volunteer firefighters who are members of the Association at the time of such • discontinuance and abolition may be paid a service pension in a lump suin, in an amount of 35 per cent of the annual base service pension provided by these Bylaws for each year of active service rendered in the Fire Department of the City of Brooklyn Center prior to such discontinuance and abolition, except that members with 10 or more years of service shall have vested pension rights. Section 2. Credit for Time with Volunteer Fire De In the event that the City of Brooklyn Center shall convert to a full -time paid Fire Department, and any volunteer firefighter should become a full -time firefighter, the firefighter's volunteer time shall apply towards the firefighter's retirement under the terms of the full -time retirement program of the City; provided, however, that benefits shall be determined on a pro rata so that volunteer benefits are paid for the time worked as a volunteer, and benefits under the full -time retirement program of the City shall be paid for the time spent as a paid firefighter. ARTICLE IX. INCREASE IN BASIC PENSION Section 1. Amendment of Bylaws. In the event of the amendment of these Bylaws in a mai -mer so as to increase or improve any pension or benefit described, herein, then the retired members, early retired members, surviving spouses or surviving children who are at the time of the amendment receiving a pension or benefit pursuant • to these Bylaws shall be entitled to the advantages afforded by such an amendment unless otherwise specifically provided in these Bylaws. The benefits of the Bylaws as approved by the City Council on Janu- ary 22, 1969, shall be paid retroactively to February 15, 1968, insofar as surviving spouses or surviving children who are receiving benefits as of the effective date of these Bylaws. -11- ARTICLE X. EFFECTIVE DATE Section 1. The effective date of these Bylaws shall be established • as January 22, 1969. The effective date of the benefit changes contained in the amendments Eipproved by Cie City Council on May 22, 1978 shall be July 1, 1978. Byla.�,-s Approved by Cit Council Resolution No. 69 -38, January 22, 1969 7wendment Approved by City Council Resolution No. 70 -39, March 30, 1970 Amendment Approved by City Council Resolution No. 74 -36, February 25, 1974 Amendments Approved by City Council Resolution No. 78 -94, May 22, 1978 -12- BYLAWS THE CITY OF BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION ARTICLE I. OFFICERS, TRUSTEES, AND COMMITTEES Section 1. Board of Trustees. The Board of Trustees shall be composed of the President, Vice - President, Secretary and Treasurer of this Associ- ation, and two trustees elected in the same manner as the officers of the Association. The Board of Trustees shall also include the Mayor, Clerk, and Fire Chief of the City of Brooklyn Center, who shall serve as ex- officio members. The ex- officio members shall not serve as officers of the Board of Trustees. Section 2. Term. Each officer shall hold office for the term of two years and until the officer's successor has been elected and has qualified. Each elected trustee who is not an officer shall hold office for the term of two years., and such terms shall expire in alternate years. Section 3. Election. Each officer and each elected trustee shall be a member of the Association. The Secretary and Treasurer shall be elected at the regular.annual meeting, and the.President and Vice- President shall be elected at the regular annual meeting in the alternate year. Section 4. Vacancies. Vacancies in office or any other vacancy on the Board of Trustees shall be filled by appointment by the remaining members of the Board for the unexpired portion of the term. Section 5. Removals. Any officer or elected trustee may be removed for cause at special meeting of the members by a majority vote of those entitled to vote at an election of officers and trustees. No officer or trustee shall be removed unless written notice of the meeting at which removal is to be considered states such purpose. When an officer or trustee has been removed, new officers or trustees may be elected at the same meeting to serve until the next annual meeting of the members and until their successors have been elected and have qualified. ARTICLE II. POWERS AND DUTIES OF OFFICERS AND BOARD OF TRUSTEES Section 1. President's Duty. The President shall preside at all meetings of this Association, sign all checks drawn by the Treasurer for the payment of such sums of money as may from time to time be authorized by the Bylaws or as may be properly voted by the Board of Trustees, sign all certificates and notices requiring the President's signature to authenticate them, and have general supervision over the Association and its affairs. The President shall furnish a surety bond approved by and in an amount set by the Board of Trustees; the amount of bond required may be altered from time to time in the discretion of the said Board. Said bond shall be paid for by the Association. Section 2. Vice- President's Duty. The Vice- President shall assist the President and during the President's absence or disability perform the duties of the President. -1- Section 3. Secretary's Duty. The Secretary shall. give the required notice of all meetings of the Assocation and all meetings of the Board of Trustees. The Secretary shall notify each officer and each trustee r of his or her election or appointment to office. The Secretary shall keep a minute book noting therein the proceedings at all meetings of the Association and the Board of Trustees, and a membership roster listing the names and addresses of all members of the Association, together with the date when each member became or ceased to be such. The Secre- tary shall act as a custodian of the seal and records of the Association, sign its official papers, and perform such other duties as may be directed by the Board of Trustees. In conjunction with the City Treasurer, the Secreatary must in June of each year certify an estimate of the monies necessary to meet actuarial requirements. The books, records and other materials in the custody of the Secretary shall be at all times subject to any lawful inspection. The Secretary shall, at each regular meeting of the Board of Trustees, make a report in writing of the proceedings of the last meeting, of the P r g P g g• names of all persons who have become or ceased to be members since the Secretary's last report, and such other information as shall show the general condition of the Association. 'The Secretary shall turn over all monies received by the Secretary to the Treasurer within a period of ten days and shall obtain a receipt. Section 4. Treasurer's Duty. The Treasurer of the Association shall receive and safely keep all monies belonging to the Association, and disburse the same only Y as directed b check signed ned b the President and countersigned by the Treasurer. Under the direction of the.City Treasurer, the Treasurer shall keep an account book in which the Trea- surer shall enter all money transactions of the Association, including the dates and amount of all receipts and the source from which derived, and the dates and amounts of all expenditures with the payee and object. At each regular meeting of the Board of Trustees, the Treasurer shall make a report stating the names of all persons to whom benefits or pensions have been paid and the amount paid to each, the amount of noney received since the last report and the source thereof, the amount of money paid out and expended during such time and for what purpose, and the amount of money on hand and where the same is invested or deposited. The Treasurer shall examine all claims against the Association and ascertain and report to the Board of Trustees whether or not they are proper and correct before the allowance thereof by said Board. The Treasurer shall furnish to the Secretary whatever information may be necessary for the maintenance of complete books and records by the Secretary, and shall perform such other duties as may be directed by the Board of Trustees. Before entering upon the duties of office, the Treasurer shall furnish a sufficient .surety bond approved by and in an amount set by the Board of Trustees consistent with the Articles of Incorporation and the laws of the State of Minnesota. The amount of bond required may altered from time to time in the direction of the said Board. Said bond shall be paid for by the Association. -2- Section 5. Powers and Duties of Board of Trustees. The Board of Trustees shall have control and management of all property and funds of the Association, from whatever source derived, and shall constitute the governing body of the.Association, with full power and authority to carry out the objects and purposes of the Association as set forth in the Articles of Incorporation, these Bylaws, and the laws of the State of Minnesota. Section 6. Compensation of Secretary and Treasurer. The compensation to be paid to the Secretary and Treasurer of the Association, if any, shall be fixed and may be changed from time to time by the members at any annual or special meeting, subject to the approval of the City Council. ARTICLE III. FUNDS Section 1. Deposits. Monies belonging to this Association shall be deposited to the credit of the Association in such banks, trust companies or other depositories as the Board of Trustees may designate. Section 2. Disbursements. No fund shall be disbursed for any initial service or survivor's benefits until after being reviewed by the City Treasurer. No disbursement of the funds of this Association shall be made except by checks signed by the President and countersigned by the Treasurer. Except when issued for salaries, pensions, and other fixed charges, the exact amount of which has previously been determined by the Board of Trustees or the members, no check shall be issued until such expenditure has been approved by the Board of Trustees. • Section 3. Funds. All funds received by this Association from taxes levied by the City Council of Brooklyn Center for Fire Department relief, all funds received from the gross premiums tax levied by the state on fire insurance and related insurance policies, and all funds'or property donated, granted or devised to this Association for the benefit of this fund, or transferred to said fund, shall be kept in the fund on the Association books and shall be disbursed only for such purposes as may be authorized by the laws of the State of Minnesota. The fund shall be generally main- tained and administered by the City Treasurer and Association Trustees. Section 4. Annual Report. The Secretary and Treasurer of the Association, prior to the first day of February in each year, shall jointly prepare and sign, with the approval of the Association's Board of Trustees, a detailed and itemized report of all receipts and expenditures for the preceding calendar year, showing the source of such receipts, and to whom and for what purpose the money has been paid and expended, and the balance of the fund. They shall file duplicate original copies thereof with the City Clerk and with the State Auditor. Section 5. Investments. To the extent that they are not required for current operating expenses, the monies of this Association shall be invested by the Board of Trustees in such income - paying properties and securities as may be authorized by law and approved by the City Council of the City of Brooklyn Center. -3- , Section 6. Custody of Funds. or Dissolution. In case this Association` be discontinued or the Treasurer should resign or be removed from office, or for any reason the members should fail to elect a new treasurer, the funds shall be paid to the City Treasurer to be held in trust by the City Treasurer and paid out only in accordance with the Articles of Incorpora- tion, these Bylaws, and the laws of the State of Minnesota. ARTICLE IV. MEMBERSHIP Section 1. Membership. All members of the Brooklyn Center Fire Depart - ment shall be members of the Association. Section 2. Age Requirements. No person under the age of 18 or who has reached his 56th birthday shall be accepted as a member of this Associ- ation from and after the date of the adoption of these Bylaws. All members shall retire from the Association according to the provisions of Section 5 -102 d of the City Ordinances. Section 3. Termination of Membership. Resignation or termination from the Brooklyn Center Fire Department shall be deemed resignation from the Association. ARTICLE V. MEETINGS ° Sect 1. Meetings of the Board of Trustees. Regular meetings of the Board of Trustees shall be held at such times and places as are desig- nated by said Board. Notice of such meetings shall not be required. Special meetings of the Board of Trustees may be called by the President or any two members of the Board by making a request therefor to the Secretary, who shall notify all members of the Board of the time, place and ose u of the meeting at least 24 hours in advance. r rr s Section 2. Annum Meeting. The annual meeting of this Association shall be held on the second Monday of December of each year, except that if said day is a holiday, said meeting shall be held on the next succeeding Monday. The place of meeting shall be designated and may be changed from time to time by the Board of Trustees. Written notice of the annual meeting shall be given to all members at least five days in advance. Section 3. Special Meetings. Special meetings of the members may be called at any time upon the written order of the President and one other member of the Board of Trustees, or of five members of this Association. The Secretary shall give written or telephone notice to each member of the Board of Trustees and each member of this Association entitled to vote of the time, place and purpose of such meeting at least 'three days in advance. Section 4. Quorums. A majority of the members of the Board of Trustees shall constitute a ciuorum for the transaction of any business at meetings of the Board and one half of the members of the Association shall constitute a quorum for the transaction of any business at the annual or at any special meeting of the members, provided that five affirmative votes shall be necessary for trustees' approval of any application for benefits and five affirmative votes shall be necessary for trustees' approval of investments. A number less than a quorum may adjourn any meeting of the Board of Trustees or the annual or any special meeting of the members. -4- Section 5. Order of Business. At the annual and at all special meetings the order of business shall be as.follows: (a) Call to order (b) Roll call (c) Reading of minutes of previous meetings (d) Secretary's report e) Treasurer's report (f) Committee reports (g) Unfinished business (h) New business (i) Adjournment Section 6. Voting. Each member in good standing shall be entitled to one vote upon any matter voted upon by the membership. Cumulative voting and voting by proxy shall not be permitted. ARTICLE VI. BENEFITS Section 1. Definitions. For the purpose of these Bylaws, the terms de- fined 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 Brooklyn Center Volunteer Fire Department, and who belongs to the Brooklyn Center Fire Department Relief Association. (2) "Retired member" means a former member who has retired from the Department of the Fire De 'a h s r r d m ( ) P City of Brooklyn Center, Minnesota; and (b) who has had an active period or periods of service in such 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 December 1980. (3) "Early retired member" means a former member (a) who has retired from the Fire Department of the City of Brooklyn Center, Minnesota; and (b) who had an active period or periods of service in such 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 December 31, 1980. -5- (4) "Deferred pensioner" means a former member (a) who has separated from the Fire Department of the City of Brooklyn Center, Minnesota; and (b) who has had an active period or periods of service in such 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 after December 31, 1980. (5) "Previously retired member" means any retired member, early retired member, or deferred pensioner who separated from the Fire Depart- ment of the City of Brooklyn Center, Minnesota prior to January 1, 1981. (6) "Surviving spouse" means the surviving husband or wife of a member, retired member, a deferred pensioner, or an early retired member who was living with the firefighter as husband or wife during the time the firefighter was on active duty in the Fire Department of the City of Brooklyn Center, Minnesota, and in the case of a retired member, a deferred pensioner, or an early retired member, who was married to the firefighter three or more years before the firefighter left active duty with the Fire Department. The term "surviving spouse" shall not include a surviving spouse who was not legally residing with the. member, retired member, deferred pensioner, or an early retired member at the time of the fire- fighter's death. (7) "Surviving child or children" means a member's, retired member's, early retired member's, or a deferred pensioner's child or children under the age of 18 years, and who were living while the deceased member, retired member, early retired member, or deferred pensioner served on active duty with the City of Brooklyn Center Fire Department or who were born within nine months after the deceased member, retired member, early retired member, or deferred pensioner was withdrawn from active duty on the Fire Department. All leaves of absence or suspension shall be excluded in computing the period of service. (8) "Length of service" for the purpose of determining benefits means the total time served from the date of appointment as a probationary member of the Brooklyn Center Fire Department to the date of separation from the Department for those persons separated after January 31, 1974. For those persons separated prior to February 1, 1974, "length of service" for the purpose of determining benefits means the total time served from the date of appointment'as a regular member of the Brooklyn Center Fire Department to the date of separation from the Department. -6- Section 2. Service Pensions. Upon approval of the application therefor, a service pension of $250.00 per month shall be paid to each retired member during the remainder of his or her natural life. In the discretion of the Board of Trustees a sum not exceeding $12.50 per month for each year of active service over 20 in the Fire Department of the City.of Brooklyn Center, Minnesota, may be added to this amount, but in no event shall the total amount paid per month exceed the sum of $312.50. Effective January 1, 1981,. the service pension for a previously retired member shall be increased by thirty -three and one -third per cent. A member who is otherwise qualified for a service pension but who has not. reached the age of 50 years may retire from the Department without for- feiting the member's right to such pension. Upon the application of such member, the member shall be placed on a deferred pension roll as a deferred pensioner and shall be entitled to receive said service pension upon reaching the age of 50 years and making application therefor. Upon the request of a retired member and approval of the Board of Trustees, the said service pension may be paid in a lump sum which shall be an amount which is 35 per cent of the annual base service pension provided by these Bylaws for each year of active service in the Fire Department of the City of Brooklyn Center. Said lump sum payment shall be in lieu of all rights to further service pension, surviving spouse's benefits and children's benefits. Section 3. Spouse's Benefits. Upon the death.of a member, the sum of $250.00 per month shall be paid to the surviving spouse, if any, during the remainder of the spouse's natural life or until the spouse remarries in which event this pension shall terminate as of the date_cf the reinarriage . Upon the death of a retired member, a deferred pensioner, or a previously retired member, the surviving spouse, if any, shall, during the remainder of the spouse's natural life or until the spouse remarries, receive a monthly benefit equal to the benefit earned by the member at the time of the member's death. Persons being paid a spouse's benefit on December 31, 1980, shall receive a monthly benefit increase of thirty -three and one -third per cent. Section 4. Children Benefits. (1) Upon the death of a member, who is survived by a spouse and children, the sum of 25 per cent of the monthly base service pension per month shall be paid on behalf of each surviving child until each respective child reaches the age of 18 years, provided that the total payment to the surviving spouse and children under Sections 3 and 4 shall not exceed 200 per cent of the monthly base pension per month. Upon the death of a retired member, a deferred pensioner, or a pre- viously retired member who is survived by a spouse and children, the sum of 25 per cent of the monthly service pension earned by the member at the time of the member's death shall be paid monthly on behalf of each surviving child until each respective child reaches the age of 18 years, provided that the total payment to the surviving spouse and children under Sections 3 and 4 shall not exceed 200 per cent of the member's earned monthly service pension. -7- J2) Upon the death of a member, who is not survived by a spouse, or upon the death of a surviving spouse; the sum of 50 per cent of the monthly base service pension per month shall be paid on behalf of each surviving child, if any, until each respective child reaches the age of 18 years. In no event shall the total payment to the aggregate of the surviving children under the age of 18 years exceed 200 per cent of the monthly base pension per month. Upon the death of a retired member, a deferred pensioner, or a previousely retired member who is not survived by a spouse, or upon the death of a surviving spouse; the sum of 50 per cent of the monthly service pension earned by the member at the time of the member's death shall be paid monthly on behalf of each surviving ,child, if any, until each respective child reaches the age of 18 years. In no event'shall the total payment to the aggregate of the surviving children under the age of 18 years exceed 200 per cent of the member's earned monthly service pension. (3;) Persons being paid a children's benefit on December 31, 1980, shall receive a benefit increase of thirty -three and one - third per cent. Section 5. Funeral Benefits. In addition to the other benefits provided herein, the sum of $1,700.00 shall be paid to the surviving spouse or representative of the estate of any deceased member, retired member, pensioner to help defray funeral previously retired member, or deferred previously A expenses. Furthermore, the sum of $500.00 shall be paid to the spouse or representatives of the estate of former member Torphin E. Johnson, whose membership was severed by virtue of reaching the maximum age limitation prior to achieving 20 years of service and prior to the enactment of the Brooklyn Center Fire Department Pension haw of 1967. Section 6. Early Retirement or Severance. (1) Upon application therefor, an early retired member who has performed service in the Fire Department of the City of Brooklyn Center for more than 10 years, but less than 20 years, when the firefighter's position is eliminated or the .firefighter becomes physically or mentally disabled so as to be incapable of performing service in the Department, or when the firefighter resigns in good standing from the Department, shall be paid a monthly service pension com- mencing when the firefighter reaches the age of 50 years, the amount of said service pension to bear the same propor- tion to the amount of the pension the firefighter would have received if the firefighter had served 20 years as the firefighter's years of service bear to 20 years of service, or alternatively, may be paid a lump sum service benefit after the firefighter has reached the age of 50 years, which service pension shall be an amount which is 35 per cent of the annual base service pension provided by these Bylaws for each year of active service in the Fire Department of the City of Brooklyn Center. The prevision of this subdivision (1) shall apply retroactively to any such early retirement effected after June 12, 1967; provided, however, that benefits shall not be paid retro- active from February 15, 1968. -8- (2) Upon application therefor, a surviving spouse's benefit, children's benefit and funeral benefit shall be paid . pursuant to the provisions of Section ,3 and 4 in respect of an early retired member who had performed service in the Fire Department of the City of Brooklyn Center, Minnesota, for more than 10 years but less than 20 years, when the firefighter's position was eliminated or the firefighter became physically or mentally disabled so as to be incapable of performing service in the Depart- ment, or when the firefighter resigned in good standing from the Department; the amount of such benefits the firefighter would have received if the firefighter had served 20 years as the firefighter's years of service bear to 20 years service. The provisions of this subdi- vision (2) shall apply only to such early retirement effected subsequent to June 12, 1967; provided, however, ,that benefit payments shall not be paid retroactive from February 15, 1968. 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 VII. APPLICATION FOR BENEFITS Section 1. Form. All applications for benefits shall be made in writing on forms supplied by the Secretary. Section 2. Application for Pensions. All applications for pensions shall be submitted to the Board of Trustees at a regular meeting or special meeting of the.Board. Applications shall be verified by an oath of the applicant and shall state the following (a) The age of the applicant; (b) The period of service in and the date of retirement from the Fire Department of the City of Brooklyn Center, Minnesota; Ac) 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 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. The election by retired member, early retired. member, or previously retired member of a monthly service pension shall be waiver and release of the retired member's, early retired member's, or previously retired member's right to elect a lump sum pension and shall be binding upon the surviving spouse and children. Similarly, the election to receive a lump sum pension shall be a waiver and release of any right to elect a monthly service pension. Section 3. Approval of Applications. (a) No benefits or pensions shall be paid until the 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 Asso- ciation, 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) Leaves of Absence or Suspension. All leaves of absence or suspensions shall be excluded in computing the period of service. (c) 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 VIII. DISCONTINUANCE OF VOLUNTEER FIRE DEPARTMENT Section 1. Lump Sum Benefits. In the event'that the services of all volunteer firefighters are discontinued, the volunteer division of the City of Brooklyn Center Fire Department is abolished, the volunteer firefighters who are members of the Association at the time of such discontinuance and abolition may be paid a service pension in a lump sum, in an amount of 35 per cent of the annual base service pension provided by these Bylaws for each year of active service rendered in the Fire Department of the City of Brooklyn Center prior to such discontinuance and abolition, except that members with 10 or more years of service shall have vested pension rights. ' Section 2. Credit for Time with Volunteer Fire Department. In the event that the City of Brooklyn Center shall convert to a full -time paid Fire Department, and any volunteer firefighter should become a full -time firefighter, the firefighter's volunteer time shall apply towards the firefighter's retirement under the terms of the full -time retirement program of the City; provided, however, that benefits shall be determined on a pro rata so that volunteer benefits are paid for the time worked as a volunteer, and benefits under the full -time retirement program of the City shall be paid for the time spent as a paid firefighter. ARTICLE IX. INCREASE IN BASIC PENSION Section 1. Amendment of Bylaws. In the event of the amendment of these Bylaws in a manner so as to increase or improve any pension or benefit described herein, then the retired members, early retired members, surviving spouses or surviving children who are at the time of the amendment receiving a pension or benefit pursuant to these Bylaws shall be entitled to the advantages afforded by such an amend- ment unless otherwise specifically provided in these Bylaws. The benefits of the Bylaws as approved by the City Council on January 22, 1969, shall be paid retroactively to February 15, 1968, insofar as surviving spouses or surviving children who are receiving benefits as of the effective date of these Bylaws. -10- ARTICLE X. EFFECTIVE DATE Section 1. The effective.date of these Bylaws shall be established as January 22, 1969. The effective date of the benefit changes contained in the amendments approved by the City Council on May 22, 1978 shall be July 1, 1978. Bylaws Approved by City Council Resolution No. 69 -38, January 22, 1969 Amendment Approved by City Council Resolution No. 70 -39, March 30, 1970 Amendment Approved by City Council Resolution No. 74 -36, February 25, 1974 Amendments Approved by City Council Resolution No. 78 -94, May 22, 1978 p • -11- MEMORANDUM • '11'0: Gerald G. Splinter, City t1anager FROM: Brad Hoffman, Administrative Assistant DATE: January 22, 1981 j SUBJECT: IDR Project Update Brooklyn Center gave its first preliminary approval for an :industrial develop - ment revenue bond to Dale Tile on September 1.0, 1979. Since that time, six (6) requests for IDR financing have been approved. Total preliminary approval has amounted to 16.2 million dollars. Five (5) of the six (6) requests have received final approval in the -.mount of 10.3 million dollars. However, it should be noted that the Shingle Creek Eleven project proposes the develop- ment of two (2) buildings. At this time, financing for only one (1) building has been completed and therefore final approval_ for the s- copal builcing has not come before the Council,. Cass Screw requested one (1) million dollars for the expansion cf their company. The expansion was essential to the company in order to remain i.r. Brooklyn Center. An IDR mortgage in the aiaount of $750,000 was given final approval. This project has been completed. Medtronicw, Inc. requested one (1) million dollars in tax exempt financing for the expansion of their Rrcoklvr. Cent <r faci.lity. Final_ approval in the amount of one (1) million dollars was approve.ol as part of a four (4) million dollar project. This project has been completed. S�, %lenson's Carriage House requested one (l) mil-lion dollars for the construction of a furniture store. Final appro in the amount of $750,000 was authorized. This Froject is under construction. now. Coy , _Kcial p'artner's requested 7.2 million dollars for the construction of a shopping center, theater, restaurant comple.. Final approval in the amount of 6.2 million dollars was granted. This project is presently under.- construction. Finally, the Shingle. Creek Ten and Eleven projects received a preliminary approval for tax exempt financing in the amount of 4.6 million dollars. Final any, roval on the Shingle Creek "i_� leven building was granted in the amount of 1.6 million dollars. Final ap.t)r_ovrl ier. the Shingle Creek Ten building ha.s not been submitived.. At this time, construction. has riot yet started. The City gave a preliminary approval. to Dale Tile fcr the expansion of their building. The ar ?cunt apprc ed was 1.4 mullion dollars. However, Dale Tile has failed to pursue th.i.; �:oject ��" - ::r;.tce re.ce:_vi.ng their approval. Under the IDR suildelinws, the applicant must place the bonds within twelve (12) months of th.e Cit.y's approval. It should be rioted that Dale '.file applied for the i _ IDR bond prior to the City establishing an application fee. Dale Tile was aware at that time that they would be required to pay tho application fee once it had been established. However, Dale Tile has yet to pay the applica- tion fee and has requested the City to forgive that fee since it is no longer their intention to pursue the project or the IDR bond. I would point out that the application fee is non-refundable and that the City has incurred expenses associated with the Dale Tile application. Brooklyn Center has spent $247.77 - — — on public notices in addition to an estimated twenty (20) hours of staff time for an additional $265.00. It would be my recommendation that Dale Tile be required to pay the application fee. In addition, Dale Tile will. also be Paying the City Attorney's fees which are a separate item. lill � CITY OF 6301 SHINGLE CREEK PARKWAY 3 X 77 BROOKLYN CENTER, MINNESOTA 55430 RO C E TELEPHONE 561 -5440 °'` T R EMERGENCY- POLICE -FIRE J ag® � n - 561 -5720 TO: Gerald G. Splinter_, City Manager FROM: Sy Knapp, Director of Public P?orks DATE: January 22, 1981 RE: 1981 Public Improvements Program. - Preliminary Review Following is a very preliminary review of projects proposed for construction during 1981 by virtue of requests or petitions from- property owners or developers, by inclusion into t'ie 5 -yeas Municipal State Aid program., by inclusion into the Capital Improve - ment program, or by inclusion in projects which are funded by State and /or Federal grants. The purpose of this preview is simply to advise you and the City Council that our department. is working on preliminary reports and designs covering these projects and that we invite any and all comments and direction which ou may wish to p rovide. In Y Y P i particular, if there are any projects which you feel should. be dropped from consideration during_ 1981, please advise us so that we may direct our efforts to the priority projects. Or, if other projects need to be added, please advise (Note: the January 31st "deadline" for filing petitions has not yet arrived, so we may well receive additional requests). General Project Descri /Locatio D iscussion (1) Shingle Creek Parkway - C.R. 10 This project includes those to I -94 Geometric Improvements changes in median openings, turn lanes, etc. as contem plated by the agreement with Commercial Partners, Inc. for development of Brookda.le Square. We also recommend chancres in the medians and turn _lanes adjacent to the Civic Center- to complime.r.t- the new Civic Center access plan, and con- struction of Left -turn lanes for northbound traffic at John Martin. Drive and at Sum- mit Drive -to accomodate traf- fic to the new library, to Shingle Creek Towers and to the R -7 property south of the p library. January 22, 1981 Memo to Gerald G. Splinter RE: 1981 Public Improvements Program Page 2 General Project Description /Location Discussio (2) Reconstruction of Xerxes Avenue This project has been included between C.R. 10 and T.H. 100, in the 5 -year Municipal State 55th Avenue from Xerxes to Aid program, scheduled for Brooklyn Boulevard and 56th 1981 construction. We are Avenue from Xerxes to Brooklyn currently investigating the Boulevard feasability of recycling a part or all of the bituminous roadway. (3) Reconstruction of 63rd Avenue This project has also been North from Brooklyn Drive to included in the 5 -year MSA Beard Avenue program for construction in 1981. The proposed project includes the installation of a trunk water main and concrete curb and gutter. (4) Trailway development Segments of the regional pedestrian /bicycle trailway which are not yet under con- tract include the following: Segmen Funding St atus from South City limits included in to T.H. 100 Trailways Grant I bridge across T.H. 100 included in F.A.U. grant section through Brookdale not covered in any grant program I -94 to 69th Avenue included in Trailways Grant I 69th Avenue to north City included in limits Trailways Grant I (5) Neighborhood Park Improvements Numerous items included in the 1980 Park Bond issue and /or in the 1981 budget remain to be accomplished. The Engineering Department will work with the Park Department to accomplish such items as building improve • ments, grading and surfacing projects, storm sewer installa- tion, etc. (6) 51st Avenue water and sanitary A petition reauesting these sewer installation, west of improvements was submitted in Twin, Lake Boulevard 1980. Item No. Quantity Description • 8 12 -- 12" X 6 " 4 -Way" 10 12 24" X 30" 30 MPH 11 12 24" X 30" 40 MPH 12 8 30" X 30" Left Lane Must Turn Left 14 6 24" X 30" Right Lane Must Turn Right 15 12 24" X 30" Keep Right 23 6 30" X 30" Curve Left 26 6 30" X 30" Curve Right 28 6 30" X 30" Reverse Curve Left 29 6 30" X 30" Reverse Curve Right 30 6 48" X 24" Single Arrow 32 12 30" X 30" Stop Ahead 35 6 36" X 36 Signal_ Ahead 40 12 30" X 30" Ped Xing 45 6 30" X 30" Dead End 49 24 24" X 30" Blank Refl. white w /black border • 51 6 24" X 24" Blank Refl. white w /black border 54 12 30" X 30" Blank Refl. white w /black border 56 12 30" X 30" Blank Refl. yellow w /black border 58 90 12" X 18" Blank Aluminum 60 - 16 18" X 18" Blank Aluminum 61 24 18" X 24" Blank Aluminum 63 6 30" X 30" Blank Aluminum 67 4 36" X 36" Blank Refl. orange w /black border 82 12 24" X 24" Blank Refl. yellow w /black border 85 12 24" X 18" Blank Refl. white w /black border 26 various streets signs for a total quantity of 346 signs. Total bid price for Lyle Sign Co. $3,672.84 M.R. Sign Co. $3.522.44 Hall Sign Co. $3,464.24 WIV Sign Co. $3,612.32 Vulcan Sign Co. $3,494.42 U. S. Standard Sign Co.. $3,353.34