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HomeMy WebLinkAbout2009 11-09 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION November 9, 2009 6:00 P.M. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center November 9, 2009' AGENDA 1. Informal Open Forum with City Council 6:45 p.m. provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will' not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 7 p.m. 3. Call to Order Regular Business Meeting —The City',Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. October 19 2009 Joint Work Session with Financial Commission 2. October 26, 2009 Study Session 3. October 26, 2009 Regular Session 4. October 26, 2009 Work Session b. Licenses 7. Presentations Proclamations /Recognitions/Donations a. Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Sergeant Stu Robinson Requested Council Action: Motion to adopt resolution CITY COUNCIL AGENDA -2- November 9, 2009 8. Public Hearings None 9. Planning Commission Items None 10. Council Consideration Items a. Resolution Setting 2010 Employer Benefits Contribution for Full -Time Non- Union Employees Requested Council Action: Motion to adopt resolution. b. Resolution Approving the Contract for Local 49 (Public Works Maintenance) and the City of Brooklyn Center for the Calendar Year 2010 Requested Council Action: Motion to adopt resolution. C. An Ordinance Relating to the Regulation of Signs; Amending Brooklyn Center City Code, Sections 34 -130 and 34 -140 Requested Council Action: Motion to approve first reading and set second reading and Public Hearing for December 14, 2009. 11. Council Report 12. Adjournment City Council Agenda Item No. 6a,, MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION OCTOBER 19, 2009 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and was called to order by Mayor Tim Willson at 6:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Dan Ryan, and Mark Yelich. Also present: City Manager Curt Boganey, Fiscal and Support Services Director Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, and Deputy City Clerk Maria Rosenbaum. Councilmember Tim Roche arrived at 6:45 p.m. Others present were Financial Commissioners Mark Nemec, Rex Newman, and Susan Shogren Smith. REVIEW OF ENTERPRISE FUNDS City g g Y g Manager Curt Bo ane discussing this evenin g was to continue discussions on the following funds: a. Water Fund b. Sanitary Sewer Fund c. Storm Sewer Fund d. Street Light Fund e. Recycling Fund f. Liquor Operations Fund g. Centerbrook Golf Course Fund h. Earle Brown Heritage Center Fund i. EBHC Capital Fund Public Works Director /City Engineer Steve Lillehaug discussed the profiles of the Water, Sanitary Sewer, Storm Sewer, and Street Light Funds and highlighted the following: The 2010 Water Fund Capital Budget proposed is significantly increased since the reconstruction projects have increased. There was an emergency well rehabilitation done in 2009 that was scheduled for 2010 and therefore expenditures for that project have not been included in the 2010 Budget. 10/19/09 -1- DRAFT Fiscal and Support Services Dan Jordet outlined the water rate projections proposed of four percent. This increase would be $1.29 to $1.34 per 1,000 gallons. City Manager Boganey added that this rate is relatively low based on the fact that the City does not have to do advanced treatment on its water. The City Council will continue to review the proposed projections annually. 25 percent of the Automatic Meter Reading (AMR) project was paid for by the Sanitary Sewer Fund Budget. There is money budgeted to televise sanitary sewers in 2010. In 2009 the City spent approximately $50,000 televising and found four significant failures. By televising and finding these failures it will reduce the costs in the long run. There was discussion regarding illegal inflow and infiltration into the City's sanitary sewer. It was noted that there should be an article in the City's Newsletter regarding illegal connections. Fiscal and Support Services Director Jordet informed that projections and recommended rate increases are holding as expected in last year's plan for the Sanitary Sewer Fund. A big portion of the 2010 Storm Sewer Fund Budget is the new program that is required by the EPA of inspecting, cleaning, and dredging ponds. The Street Lighting Fund for 2010 is a bit higher due to the proposed ornamental street lighting along Xerxes Avenue and Bass Lake Road. The rates for street lighting have been a bit more complicated because of the ornamental street lighting and Xcel Energy is proposing a study to help lower costs. There was discussion regarding whether or not these ornamental lights are necessary or whether or not another type light would be suitable. It was noted that the City is not paying all of the costs for the ornamental lights and that there are different funding sources used for these projects to pay for the costs. There was discussion regarding the request to have an annual cleanup cost associated with the Recycling Fund. At this time it is not being recommended. The Liquor Operations Fund was noted to be one of the functions that the City can do by law and generates a profit that goes back to the community and reduces the property taxes. With the expansion of store number one it has expanded the revenues more than expected. There are some changes being requested for the 2010 Budget which include the purchase of a pallet stacking truck to allow doubling of storage, improving the security cameras, and adding panic buttons at both locations. Due to utility work, Centerbrook was shut down one month early. The City is going to be able to cover costs for 2009; however, it is using up the cash in reserve and not generating additional cash. The Dudley Tournament beer sales have helped generate revenue at Centerbrook approximately $8,000 to $10,000 Centerbrook golfing is price sensitive and there are different ways being considered to help with increased costs, along with discussions of having professionals who look at golf course operations examine Centerbrook's operations in the future. 10/19/09 -2- DRAFT Earle Brown Heritage Center has had a tough year. This is hoped to be the worst with better operational revenues generated as the overall economy improves. This year's receipts totaling $3.4 Million have not met the budgeted amount of $4.2 Million; however, this fund may break even. There was discussion regarding the D Barn and the future of the Earle Brown Heritage Center with the recent notice of the Earle Brown Heritage Center Manager's retirement. ADJOURNMENT Councilmember Ryan moved and Councilmember Lasman seconded to adjourn the Work Session at 8:54 p.m. Motion passed unanimously. 10/19/09 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION OCTOBER 26, 2009 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of CARS Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Brooklyn Center School District No. 286 Superintendent Keith Lester was also present. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Manager Curt Boganey requested discussion on EDA Agenda Item 4b. He clarified that the proposed Third Amendment to Real Estate Option Agreement with the General Service Administration (GSA) is not expected to affect the likelihood for the number of jobs that will be created by the development. He stated the building being built will support far more than the minimum number' of jobs being proposed. The purpose for the modification to the Business Subsidy Provisions of Section 4.9 in relation to the number of jobs being proposed is due to the obstacle associated with borrowing money in the current business environment. Councilmember Roche requested discussion on EDA Agenda Item 4a. He requested clarification in regards to the status of the two homes for sale along Brooklyn Boulevard south of the property the EDA authorized to purchase at its last meeting. Boganey replied that the properties are monitored and staff is in contact with the brokers; however, there is not a formal commitment in regards to these homes. He clarified that the intent of EDA Agenda Item 4a is to authorize staff to enter into a purchase agreement on available properties with the stipulation of EDA approval, as opposed to waiting for EDA approval to make an offer. Councilmember Ryan requested additional discussion on EDA Agenda Item 4a, specifically in relation to the operation of the Neighborhood Stabilization Program (NSP) and how well the program functions for potential buyers. He inquired about making use of NSP funds as much as possible to conserve Renew Program funds. Mr. Boganey replied that early on when the NSP Program was approved it was considered whether or not other EDA funds should be limited to 10/26/09 -1- DRAFT the area outside of the NSP area. It was concluded at that time that this would not likely be a good idea because the federal requirements were going to be so onerous that it would probably be more difficult for people to qualify. This has essentially proven to be true, although there have been a couple of NSP applications that have been approved. Staff does not believe it is in the City's interest to direct people away from the Renew Program to the NSP Program, as it will likely lead to more frustration due to the difficulty in qualifying. There was discussion on being proactive so as not to miss opportunities to purchase properties in the identified area on Brooklyn Boulevard. MISCELLANEOUS Councilmember Lasman requested discussion on deferring Item No. 9 under the scheduled October/November work session topics until Hennepin County has completed its consideration of the prosecutorial services process. She noted that proceeding with an RFP process may give the perception that the City is not happy with the current service being provided. Mr. Boganey reported that the North Metro Mayors' Association Board of Directors will be inviting a representative of the County to discuss what is being proposed by the County on this topic. More information will be available over the next several weeks. In regards to the RFP process, there have been occasions in the past where staff has recommended not to proceed with an RFP process and to continue with the firm that is currently in place. This would be one option. Another option would be for the Council to decide for the reasons outlined not to proceed with the RFP this year and to defer it to a date certain, whether that is one or two years from now. In terms of staff review, staff has put together a preliminary review of the current prosecutorial services. At this time staff would recommend some changes in terms of the expectations in the agreement with whomever the prosecutor would be going forward. There is no indication at the staff level that there is a strong desire to change prosecutors. There was discussion on the option of extending the current prosecutorial services contract. The majority consensus of the City Council was to direct staff to report back to Council with additional information in terms of what the County is proposing in relation to prosecutorial services, why it is ,being proposed, and to provide a recommendation on extending the current prosecutorial contract if Council determines to proceed with a contract extension. Councilmember Lasman reported on the North Metro Sustainability Meeting attended by members of the Council this afternoon. Cities are being asked to act in support of removing obstacles of movements such as "complete streets" which provides for pedestrian friendly streets and access for all modes of transportation. She suggested inviting a representative of this group to attend a Council work session to provide information on the topic. The majority consensus of the Council was to direct staff to schedule an upcoming work session agenda item as suggested by Councilmember Lasman to provide Council with information on the topic of "complete streets Mr. Boganey informed Council on the addition to the agenda of a brief discussion on a Hennepin 10/26/09 -2- DRAFT County grant program that provides cities with the opportunity to apply for a grant to be used for youth related recreational facilities. City staff has been working closely with the school district; the school district will be submitting an application. The City will have a supportive role in the application process. As the application deadline will be November 2 °d staff deemed it would be beneficial to provide the City Council with information about the application being proposed. Director of CARS Jim Glasoe provided an overview of the grant opportunity available through the Twins Stadium tax for recreational facilities to enhance youth sports. Brooklyn Center School District No. 286 Superintendent Keith Lester provided an overview of the youth recreational facility proposed to be included in the grant application. The facility will have access to the gymnasium, weight room, and dance studio. He stated the $400,000 grant will provide the opportunity to create a fairly extensive recreational activity place for youth. The application deadline is November 2 °d If the City Council supports the proposed application, it is requested that the City Manager be authorized to write a letter of support and partnership to submit with the grant application. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Roche seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Lasman seconded to reconvene the Study Session at 6:52 p.m. Motion passed unanimously. The discussion continued on the proposed partnership between the City of Brooklyn Center and the School District for a youth recreational facility grant application. There was discussion on the City's involvement with the recreational facility. It was noted that there would likely be agreements to be entered into in the future. There will likely be additional partners, but the primary partners will be the City of Brooklyn Center and the School District. Mr. Boganey indicated that authorization for the City Manager to submit a letter of support would be sufficient at this time. If the grant application is approved, there will be agreements that will need to be considered in the future. It was the majority consensus of the City Council to authorize the City Manager to draft and sign a letter of support of the youth recreational facility and partnership between the City of Brooklyn Center and the School District as proposed above. ADJOURNMENT 10/26/09 -3- DRAFT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:58 p.m. Motion passed unanimously. 10/26/09 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 26, 2009 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of CARS Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Clerk Sharon Knutson, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Ms. Jo Roberts, Link Associates located at 5400 France Avenue N, addressed the City Council and stated she is present on behalf of Diane Sannes who is out of the country and would like to pass a message on to those that she nominated for Random Acts of Kindness. Mayor Willson requested Ms. Roberts to address this item with the discussion of Agenda Item 7a later in the agenda. Mr. Sayndee Sando and Ms. Keko F. Smith, 800 66 Avenue N, addressed the City Council and expressed interest in establishing a Sister City Relationship between the City of Brooklyn Center and Kakata, Liberia. Councilmember Lasman moved and Councilmember Roche seconded to close the Informal Open Forum at 6:52 p.m Motion passed unanimously. 2. INVOCATION Mayor Willson requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING 10/26/09 -1- DRAFT The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of CARS Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Clerk Sharon Knutson, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Roche seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. October 5, 2009 Joint Work Session with Financial Commission 2. October 12, 2009 Study Session 3. October 12, 2009 Regular Session 4. October 12, 2009 Work Session 6b. LICENSES MECHANICAL Lewis Heating Air 1271 144 Street, New Richmond Superior Heating Air 3731 Thurston Ave, Anoka Horwitz Inc. 4401 Quebec Ave N, New Hope RENTAL INITIAL 6337 Bryant Ave N My Truong 3 819 Burquest Ln Amir Chaboki 6800 Dupont Ave N Yi Lin 5508 Fremont Ave N Charles Bright 6406 Humboldt Ave N Deirdre Willett 5730 Northport Dr Trinh Nguyen 6413 Regent Ave N Tim Xiong RENEWAL 10/26/09 -2- DRAFT Melrose Gates Apartments 6305 -6507 Camden Ave N Weather deferral until 06/01/10 for Exterior fascia, soffit repair Soderberg Apartment Specialists Riverwood Estates 201 65 Ave N Riverwood Estates LLC 4619 66' Ave N Michael Barlow 542872 nd Cir Joseph Ditto SIGN HANGER Crosstown Sign 16307Aberdeen Street, Ham Lake Sign Images 17201 113 Avenue N Osseo g 6c. APPLICATION N TEMPORARY ON -SALE LIQUOR LICENSE C ON A D PERMIT FOR Q SUBMITTED BY ST. ALPHONSUS CATHOLIC SCHOOL, 7031 HALIFAX AVENUE NORTH, BROOKLYN CENTER, FOR AN EVENT TO BE HELD NOVEMBER 14, 2009 Motion passed unanimously. 7. PRESENTATIONS PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING OCTOBER 26, 2009, TO BE DESIGNATED AS RANDOM ACTS OF KINDNESS DAY City Manager Curt Bo ane introduced the item discussed the history, and stated the purpose of t3' g g Y rY the proposed proclamation. Councilmember Lasman moved and Councilmember Yelich seconded to approve Proclamation Declaring October 26, 2009, to be Designated as Random Acts of Kindness Day. Mayor Willson recited a Proclamation Declaring October 26, 2009, to be Designated as Random Acts of Kindness Day. Motion passed unanimously. 7b. RANDOM ACTS OF KINDNESS PRESENTATION OF RECOGNITION AND CERTIFICATE CEREMONY Council Members read the nominations for the Random Acts of Kindness nominees. Mayor Willson presented certificates to the nominees who were present. Nominees are as follows: Laurie Rondestvedt, Alfred Johnson, Officer James Destiche, Cub Foods Employees, Bob and Shirley Schon, Tom and Mary McCutchan, Diane Sannes, Paul Kellum, Janelle Meyers, Sue Low, Sharon Kephart, Brett Hildreth, Paul Engleman The UPS Store, Lee Cox Fast Signs, Bob Becker, Brooklyn Center Liquor Store Staff, Ashlee Kephart, Paome Yang, Rick Petersburg Brookdale Mall, Bernice and Harry Roberts, Dee Johnson, Donna Jarl, Kathy Braun Earle Brown Elementary, Randy Koch, Earle Brown Elementary, Cross of Glory Church, Brooklyn 10/26/09 -3- DRAFT United Methodist Church, Linda Hanka Community Corner, Christina Bloomquist Community Corner, Keith Lester, Brooklyn Center ISD 286, Michelle Trelstad Brooklyn Center ISD 286, Michelle Mandell Brooklyn Center High School, Allan Hancock, Barb Jensen, Panera Noah Hager and Staff, Tree Trust Program Staff and Participants, Allen Property Services, ,Karen Youngberg Brooklyn Center Business Association (BCBA), Frank Lang Earle Brown Terrace, Young Bebus Earle Brown Terrace, Jesse Gully The Crossings at Brookwood, Bill Dimberger Horseless Carriage Club, Leah Wellnitz Embassy Suites, Linda Ericksson Brooklyn Historical Society, Checkers Wendy Reno and staff, Roxanne Reynolds, Anthony White, Winston B. Tucker, Teddy Dassin, Ibrahim Kaba, Teeran Paye, Webster Jah, Thomas Freeman, Jr., Eddy Ledlaw, Sampson Jeerow, Bobbie Fern, Brooklyn Center Lions, Mr. Cleanhouse Myron Green, Dana Anderson Cub Foods, Betty Muellner, Jill Dalton and the Curves Gals Nathan and Laura, Jamie Bradley CEAP, Shane Mason, Mike Davis Pepboys Auto, John Lo Pepboys, Evergreen Elementary School, Odyssey Academy, Myrna Kauth, Julie Ha Truong, Jessica Jemey Northwest Hennepin Human Services Council, Lonnie and Joanne Eckenrode, Nancy, Ava, and Joseph Roche. 8. PUBLIC HEARING None. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS None. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the October 20, 2009, Park and Recreation Commission meeting. The meeting included a discussion on the recommended changes for Firehouse Park. Councilmember Lasman reported that the October 15, 2009, Special Events Committee meeting included a discussion on the upcoming City Birthday Party that will be held February 6, 2010, at Earle Brown Heritage Center. She announced there is a Halloween party scheduled for October 31, 2009, at the Brooklyn Center Community Center. She reported on her attendance at the following events: October 18 2009, Riverwood Neighborhood Pumpkin Fest. October 19, 2009, Joint City Council/Finance Commission Budget Work Session. October 20 2009, Interfaith Event Planning meeting. The event is being planned for March to celebrate the many different faiths and groups in the City. October 21 2009, Crime Prevention meeting which included a discussion on the pancake breakfast at Applebee's. There were reports on the retirements of long -term officers Messerbrink and Robinson and a new locking mechanism. There was also acceptance of new members of the organization. 10/26/09 -4- DRAFT Councilmember Roche reported on his attendance at the North Metro Sustainability Round Table at the Brookdale Library. He reported on the successful sales of Surly Darkness at the Brooklyn Center Liquor Store. He reported on the following events: Brookly n Center Youth Collaborative meeting; successful home sales and reduction in foreclosures in Brooklyn Center; Anoka Hennepin School District 11 levy vote on November 3, 2009. He encouraged residents to get out the vote on November 3 rd for open School Board positions. Councilmember Ryan reported on his attendance at the October 19, 2009, Joint City Council/Financial Commission meeting. He announced another joint City Council/Financial Commission budget work session is scheduled for November 2, 2009. He thanked the members of the Financial Commission for their volunteerism and professional expertise. Mayor Willson thanked the members of the City Council for their involvement and representation of the City. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:56 p.m. Motion passed unanimously. 10/26/09 -5- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION OCTOBER 26, 2009 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:31 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers /Commissioners Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of CARS Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie S+chleuning, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. GROUP HOMES COUNCILMEMBER RYAN Councilmember Ryan stated he has received complaints from a number of citizens about negative aspects and nuisance complaints regarding group homes, and that the City would be better off with fewer group homes. He requested discussion from the Council on whether to request staff to prepare a report and evaluate the issues he has raised on this topic. The emails he has submitted to City Manager Boganey have been provided in the Council packet. City Manager Boganey advised that under current law there is very little the City can do to limit, control, or regulate these kinds of activities in the City. Legislation would be the first step towards the City being in a position to proceed with any type of additional regulation. There was discussion on identifying the current number, type, and location of group homes in the City. This information could tie in to the legislation being proposed by the North Metro Mayors Association. There was discussion on addressing concerns relating to group homes through licensing regulations. It was noted that concerns related to nuisances and loud noise would not require additional regulations, as there are currently regulations in place to address these issues. The majority consensus of the City Council was to direct staff to complete an inventory of group homes in the City and report back to Council. The inventory will include the following information: number of group homes, location, type of facilities, status of taxable or tax exempt, calls for service including code enforcement issues and other police calls. 10/26/09 -1- DRAFT BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL PROJECT STREET LIGHTING AND BANNERS Public Works Director /City Engineer Steve Lillehaug discussed the history of the street light banner options for the Bass Lake Road Streetscape and Regional Trail project. At the October 12, 2009, City Council meeting, Council requested additional information to add double banners on all poles throughout the median of Bass Lake Road from Brooklyn Boulevard to Xerxes Avenue. Mr. Lillehaug provided an overview of the costs for the street light banner options. Estimated', project cost difference of single banner poles versus double banner poles is approximately $40,000. He advised his recommendation is to include single banners in the project. Councilmember Roche stressed the importance of the streetscape creating the critical elements of color, vitality, and energy. He stated his position that the project should be amended to include double banners, specifically in the location of Bass Lake Road from Highway 100 to Shingle Creek Parkway. There was discussion on the project as currently proposed and the cost/benefit of additional double banner poles being included in the project. Mayor Willson and Councilmember Ryan stated their position that the project should not be amended to include; additional double banner poles. The majority consensus of the City Council was to direct staff to amend the Bass Lake Road J Y tY Streetscape and Regional Trail Project to replace four of the single banner poles with double banner poles in the median along Brooklyn Boulevard between Highway 100 and Shingle Creek Parkway. SHINGLE CREEK RIPARIAN RESTORATION GRANT APPLICATION Mr. Lillehaug discussed the history of the Shingle Creek Restoration Plan included in the Shingle Creek Watershed Management Commission and the City of Brooklyn Center 2010 CIP. He reported that recently City and Watershed staff submitted a grant application to Hennepin County for this project. The project is included in the Draft 2010 CIP, which will be presented to Council for approval in the future. Mr. Lillehaug provided a brief overview and answered questions of the City Council on the Shingle Creek Riparian Restoration Project. There was discussion on possible tax incentives for maintaining natural buffers along the creek. Mr. Lillehaug indicated he is not aware of any tax incentives or other type of program offered by the DNR or other entity. He will report back to Council with any further information on this topic. Mr. Lillehaug provided information on strategies outside of the project to address the source of problems such as sediment or chloride impairment to the creek. There was discussion on culverts installed with the City project on the west side of Shingle Creek and the possibility of including an infiltration basin with this project. i 10/26/09 -2- DRAFT The majority consensus of the City Council was support of accepting the Hennepin County grant for the Shingle Creek Restoration Project. Mr. Boganey indicated that Council will be provided with another opportunity to provide approval on the project in the future. RENEW LOAN PROGRAM SIX -MONTH UPDATE Director of Business and Development Gary Eitel provided the ReNew Loan Program six -month update. He noted there has been a fairly equal distribution of funds throughout the City of Brooklyn Center. He noted that Council has been provided with a letter from Steve and Jennifer Hinz requesting the EDA's consideration to amending the program policies /guidelines to allow a new homeowner, that was unaware of the program, the option to make application to the ReNew Loan Program. Council is being requested to provide direction on whether the guidelines of the program should be amended as requested by Steve and Jennifer Hinz. There was discussion on the ReNew Loan Program and the request by Steve and Jennifer Hinz to amend the ReNew Loan Program guidelines. The majority consensus of the City Council was that the guidelines of the ReNew Loan Program should not be amended. Staff is to report this information to Steve and Jennifer Hinz with an explanation of how amending the program guidelines as suggested would open the program to all individuals that have previously purchased foreclosed homes in the City. COUNCIL RETREAT SCHEDULE Mr. Boganey introduced the item and requested discussion from Council on whether to schedule a Council retreat for 2010, and if so, if there are any proposed changes to the format or facilitator. The majority consensus of the City Council was to direct staff to schedule a 2010 Council Retreat for a Saturday in January. Staff is to contact several potential facilitators and request that they submit a proposal for Council review. FIREHOUSE PARK REPORT Mr. Boganey introduced the item and noted the October 21, 2009, memorandum providing an update and his recommendation in response to concerns raised about unacceptable activities that occurred this summer at and around Firehouse Park. Council has also been provided with the Park and Recreation Commission recommendation. There was discussion on the location of the parking lot in relation to the basketball courts inducing a parry atmosphere. It was suggested that staff inquire if the owners of Georgetown would be amenable to building a basketball court on Georgetown property. It was noted that there is vacant property in the area of Bryant and 66 Avenues that could be explored for a potential basketball court in the future. 10/26/09 -3- DRAFT It was stressed that! the residents deserve an effective response to the issues that occurred in the area of Firehouse Park. There was discussion on the recommendations of the City Manager and the Park and Recreation Commission to address concerns related to Firehouse Park. There was discussion lowering the rims on the basketball hoops as another option for consideration. The majority consensus of the City Council was to direct staff to proceed with staff spring. recommendation No. 1 reorientation of the. basketball court to one /2 court m the There may be consideration of adding an additional 1 /2 court or removing the hoops in the future, dependent on the results of the reorientation. ADJOURNMENT Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 10:50 p.m. Motion passed unanimously. 10/26/09 -4- DRAFT City Council Agenda-Item Noo 6h, COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Marra Rosenbaum, Deputy City Clerk DATE: November 3 2009 '00t SUBJECT: Licenses for Council Approval Recommendation: It is recommended that the City Council consider approval of the following list of licenses at its November 9, 2009, meeting. Background: The following businesses /persons have applied for City licenses as noted. Each business /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. MECHANICAL C M Plumbing Htg and Air 610 Central Avenue, Buffalo S R Appliance Repair 4118 Hoffman Road, White Bear Lake Todd Landon Inc. 183 Sidney Street. West St. Paul RENTAL See attached report. i M .;r• :'e -4 s�, �v?'... ,Kh. „ti x y�y. i ail. .yy Qa a ti r tr fir L"t ,•t� "4. «fir,... a G 5405 Bryant Ave N Single Family Initial (Steve Rorem None per 12 -911 Ordinance OK OK 6107 Bryant Ave N ISingle Family 11nitial I Daniel Yesnes I None per 12 -911 Ordinance OK OK 7208 Dallas Rd ISingle Family 11nitial (Neng Zhang None per 12 -911 Ordinance OK OK 1106 Emerson La Single Family 11nitial jJan Dietrich None per 12 -911 Ordinance OK OK 1513 Humboldt PI N (Single Family_ 1_1nitial_ IShoemiller Properties _LLC INone per 12 911 Ordinance OK OK 1537 Humboldt PIN jSingle Family 11nitial IShoemiller Properties LLC I None per 12 -911 Ordinance OK OK 1549 Humboldt PIN ISingle Family 11nitial IShoemiller Properties LLC 1,,1 Disturbing Peace per 19 -911 Ordinance I OK OK 1555 Humboldt PIN ISingle Family 11nitial IShoemiller Properties LLC INone per 12 -911 Ordinance OK OK 15739 James Ave N ISingle Family 11nitial IDougWahl None per 12 -911 Ordinance OK I OK 4819 Azelia Ave N 1 Bldgs Renewal Penelope Brown 2 Thefts (.17 calls for service per unit per 12 -913 OK OK 12 Units Ordinance) 7218 West River Rd JTwo Family -1 l Renewal lArlene Johnson None per 12 -911 Ordinance OK OK 5006 France Ave N Single Family lRenewal (Michael Mohs INone per 12 -911 Ordinance I OK OK 5701 James Ave N (Single Family lRenewal lRoxann Robertson INone per 12 -911 Ordinance OK OK 7021 Unity Ave N ISingle Family IRenewal IGeri Williams None per 12 -911 Ordinance I OK OK R newal Adeta per 12 -911 Ordinance OK OK o Dina None 7156 Unit Ave N `Sin le Family e y p Y I g I City Council Agenda. Item No. 7a' i COUNCIL ITEM MEMORANDUM To: Curt Boganey, City Manager From: Scott Bechthold, Chief of Police Date: November 4, 2009 Subject: Recognition for Retiring Sergeant Stu Robinson Recommendation: It is recommended that the Council resolve to recognize Sergeant Stu Robinson for over twenty six years of his service to the City of Brooklyn Center. Background: Attached please find a City Council resolution expressing appreciation to Sergeant Stu Robinson who retired October 29, 2009, after over 26 years of dedicated service to the City of Brooklyn Center. Budget Issues: None involved. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SERGEANT STU ROBINSON WHEREAS, Sergeant Stu Robinson was hired as a police officer by the City of Brooklyn Center Police Department on June 14, 1983; and WHEREAS, Sergeant Stu Robinson has held numerous assignments and has been promoted to the positions of Detective and Sergeant; and WHEREAS, Sergeant Stu Robinson has been a departmental trainer throughout his career and held the positions of department firearms and defensive tactics instructor; and WHEREAS, Sergeant Stu Robinson has served with the Emergency Operations Unit as a team member and team sergeant. He was instrumental in training and equipping the team while holding the position of team sergeant; and WHEREAS, Sergeant Stu Robinson has received numerous commendations for outstanding police work; and WHEREAS, Sergeant Stu Robinson has received letters of thanks from numerous citizens for assistance that he has rendered; and WHEREAS, his dedicated public service and civic effort for the betterment of the community merit gratitude of the citizens of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, upon the recommendation of the City Manager, that the dedicated public service of Sergeant Stu Robinson is hereby recognized and appreciated by the City of Brooklyn Center. November 9, 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I C it y Council Agenda Item. N 10 s t r COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Director DATE: November 4, 2009 SUBJECT: RESOLUTION SETTING 2010 EMPLOYER BENEFITS CONTRIBUTION FOR FULL -TIME NON -UNION EMPLOYEES Recommendation: It is recommended that the Ci ty Council consider adoption of the attached resolution setting the 2010 employer benefits contribution for full -time non-union employees. Background: The City provides a cafeteria benefit plan which allows employees to purchase not only their medical insurance but other insurances provided by the City including dental, supplemental and dependent life, and long and short term disability. The City participates in the LOGIS health care consortium. The consortium allows member cities to pool together their purchasing power when going out for bid for health and life insurance. Our current insurance provider is HealthPartners. In 2009 the city Benefit/Wellness Committee recommended that the city go out for bid for health insurance as our own group to evaluate whether participating in the LOGIS consortium provides the lowest rate for the City. Unfortunately, due to the City's high claims experience we received no bid from any health carrier which determined that LOGIS was the only place for us at this time. Annually the City receives the premium increase for health insurance coverage from the LOGIS group. For 2010 the group received a 15.63% increase. For 2010 the single health insurance premiums range from $439 to $666. Family premiums range from $1,157 to $1,755. The city reviewed the city benefit contribution and various scenarios in offering the benefit contribution that would enable employees to maximize their benefit dollars and to provide an incentive to assist employees in making a change to a high deductible plan. The City's high deductible plans provide either a health savings account or a health reimbursement account which allows the employee to save with pre -tax dollars for current and/or future health care expenses. The high deductible plans also have considerably lower premiums. Employees who participate in high deductible health plans tend to be better health care consumers as they are responsible for some out of pocket expenses (preventative visits are always covered 100 We are hopeful that with better consumerism the results will affect and lower our claims experience, which in turn affects our rates. In order to achieve the goal of better health care consumerism from our employees we are proposing a $40 per month increase to the benefit contribution and a $40 per month incentive for those employees electing to participate in a high deductible health plan. It is recommended that the City Council consider adoption of the attached resolution setting the 2010 employer benefits contribution for full -time non -union employees. The total recommended employer benefits contribution for 2010 is $858 per month. Those electing a high deductible health plan will receive a $40 per month incentive. Budget Issues: The increase of $40 per month to the cafeteria benefit plan and the $40 incentive would result in a maximum increase of $82,560. Sufficient funds are available in the general fund of the proposed 2010 budget. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SETTING 2010 EMPLOYER BENEFITS CONTRIBUTION FOR FULL -TIME NON -UNION EMPLOYEES WHEREAS, the City Council annually reviews the benefit contribution that is used to provide insurance benefit assistance to City employees; and WHEREAS, the City has reviewed its contribution to assist in the payment of health insurance premiums and determined that an increase in the City's contribution for 2010 is warranted; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City's contribution for regular, full -time non -union City employees for the calendar year 2010 shall be set at $858.00 per month including the cost of $10,000 in life insurance coverage. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that an incentive of $40 per month shall be provided to all regular, full -time non -union City employees electing to participate in a high deductible health plan. November 9. 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No 1ob i i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Director V� DATE: November 4, 2009 SUBJECT: Labor Agreement Public Works Maintenance Employees 2010 Recommendation: It is recommended that the City Council adopt the resolution approving the contract between the City of Brooklyn Center and Local 49 International Union of Operating Engineers for the period January 1— December 31, 2010. Background: The current contract with the subject union will expire on December 31, 2009. The City and the Union have met and negotiated in good faith to reach a settlement on all issues of concern. This labor agreement covers all public works maintenance employees for a total of 25 employees. The attached agreement has been approved by a vote of the member and upon adoption by the City Council will establish wages and working conditions for the next year. The Articles affected by these negotiations include the following: Article 18 Overtime Pay Comp Time Changed the language so that employees are allowed to accrue up to 40 hours of compensatory time. If they use comp time and are below the 40 hour maximum, they will be able to accrue additional comp time up to the 40 hour maximum. This is consistent with other contract and non -union language. Article 25 Insurance Increase the insurance contribution by $40 to $858. Also, provide an incentive of $40 for those employees participating in a high deductible health plan. Article 28 Wage Schedule 0% increase for 2010. Existing scheduled pay steps will be processed accordingly. Article 32 Duration One year labor: January 1 December 31, 2010. Budget Issues• The cost of the increase in the City's insurance contribution equals $24,000 if all employees elect a high deductible health plan. The estimated cost of the step movemgnts is $3,962. The proposed 2010 budget appropriates sufficient funds to cover this expense. d the following Member introduce g resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2010 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City has negotiated in good faith with Local'49 (Public Works Maintenance) for a contract for the year 2010 as attached. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center approves the attached contract with Local 49 (Public Works Maintenance) for the calendar year 2010; and BE IT FURTHER RESOLVED that authorized wage and benefit adjustments not to exceed the maximum contained herein shall become effective according to the schedule of the contract which commences January 1, 2010. November 9, 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i October 23, 2009 Kent Korman, Business Representative IUOE Local 49 2829 Anthony Lane South Minneapolis, MN 55418 -3285 Dear Kent: Listed below are the changes we've discussed for the tentative labor agreement for 2010. ARTICLE 18 Overtime Pay The City agrees to the proposed language change: 18.6 As an option to monetary compensation for overtime, an Employee may elect compensatory time off at a rate of one and one -half (I V2) the amount of overtime worked or two (2) times the amount of overtime worked for holidays paid in accordance with Article 21. Maximum compensatory time accumulated shall not exceed forty (40) hours at anytime. However, if an employee uses some hours they will be allowed to accrue back to the 40 hour maximum. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer designated supervisor. Compensatory time must be used by the end of December. Any remaining compensatory time will be paid to the employee no later than the last pay period before December 31 of each year. Please note: I also removed the sentence "In 2007 an Employee may not accrue or use more than 32 hours (after conversion) of compensatory time in a calendar year" since we removed the 2008 sentence "In 2008 an Employee may not accrue or use more than 40 hours (after the conversion) of compensatory time in a calendar year." Please let me know if you would like it back in or if it should remain deleted. ARTICLE 25 Insurance 25.1 2010 Full-time employees Effective 1/1/10, the City will contribute payment of eight hundred fifty eight dollars ($858) per month per employee for use in participating in the City's insurance benefits. For 2010 employees electing to participate in a high deductible health plan will receive an incentive of $40 per month. ARTICLE 28 Wage Schedule Effective January 1, 2009 Zero percent (0 increase for 2010. Step increases will be processed accordingly. ARTICLE 32 Duration One year agreement January 1, 2010 December 31, 2010. Please let me know if you have any questions. Sincerely, Kelli Wick Human Resources Director 2010 Negotiations 10/9/2009 Actual 2009 Proposed City Increase 2010 Increase Union Maplewood 3% 3% 2nd yr of 2 yr agrn AFSCME New Hope 3% 0% IUOE 49 Golden Valley 3% 0% non -union Fridley 3% 0% non -union Roseville 2.9% 0% IUOE 49 Shoreview unknown unknown non -union Richfield 3% 0% IUOE 49 Crystal 3% 0% IUOE 49 White Bear Lake 3% 0% IUOE 49 Brooklyn Center 3% 0% IUOE 49 i Labor Agreement Between the City of Brooklyn Center And the International Union of Operating Engineers (IUOE) Local No. 49 January 1, 2010 December 31, 2010 TABLE OF CONTENTS ARTICLE PAGE 1 Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Savings Clause 2 5 Union Security 2 6 Employer Security 2 7 Employer Authority 2 8 Seniority 3 9 Discipline 3 10 Employee Rights Grievance Procedure 3 11 Job Posting 6 12 Probationary Periods 6 13 Right of Subcontract 6 14 Safety 6 15 Work Schedules 6 16 Relief and Meal Periods 7 17 Special Clothing 7 18 Overtime Pay 7 19 Call Back 8 20 Standby Pay 8 21 Holiday Leave 8 22 Vacation Leave 9 23 Sick Leave 9 24 Severance Pay 10 25 Insurance 10 26 Seasonal/Temporary Employees 11 27 Part-time Employee Benefits 11 28 Wage Schedule 11 29 Working Out of Classification Pay 11 30 Legal Defense 12 31 Waiver 12 32 Injury on Duty 12 33 Local 49 Central Pension Fund 13 34 Post Employment Health Care Savings Plan (PEHCSP) 14 35 Duration 15 ARTICLE 1- Purpose of Agreement This Agreement is entered into between the City of Brooklyn Center hereinafter called the Employer, and Local No. 49, International Union of Operating Engineers, hereinafter called the Union. 1.1 Purpose a. Establish certain hours, wages and other conditions of employment; b. Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; C. Specify the full and complete understanding of the parties; and d. Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2 Recognition The Employer recognizes the Union as the exclusive representative for all Employees in the job classifications listed below who are public Employees within the meaning of Minnesota Statute 179A.03, Subdivision 14 excluding supervisory, confidential and all other employees: Mechanic, Maintenance I, Maintenance II, Maintenance III, and Night Service Person. ARTICLE 3 Definitions 3.1 Union: The International Union of Operating Engineers, Local No. 49. 3.2 Employer: The individual municipality designated by this Agreement. 3.3 Union Member: A member of the International Union of Operating Engineers, Local No. 49. 3.4 Employee: A member of the exclusively recognized bargaining unit. 3.5 Base Pay Rate: The Employee's hourly pay rate exclusive of longevity or any other special allowance. 3.6 Seniority: Length of continuous service in any of the job classifications covered by Article 2 Recognition. Employees who are promoted from a job classification covered by this Agreement and return to a job classification covered by this Agreement shall have their seniority calculated on their length of service under this Agreement for purposes of promotion, transfer and lay off and total length of service with the Employer for other benefits under this Agreement. 1 3.7 Severance Pay: Payment made to an Employee upon honorable termination of employment. 3.8 Overtime: Work performed at the express authorization of the Employer in excess of either eight (8) hours within a twenty -four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 3.9 Call Back: Return of an Employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. ARTICLE 4 Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in fill force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE 5 Union Security In recognition of the Union as the exclusive representative the Employer shall: 5.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the wages of all Employees authorizing in writing such deduction, and 5.2 Remit such deduction to the appropriate designated officer of the Union. 5.3 The Union may designate certain Employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 5.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE 6 Employer Security The Union agrees that during the life of this Agreement it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the Employer. ARTICLE 7 Employer Authority 7.1 The Employer retains the full and unrestricted right to operate and manage all workforce, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. 2 7.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 8 Seniority 8.1 Seniority will be the determining criterion for transfers, promotions and lay offs only when all job relevant qualification factors are equal. 8.2 In the event of a lay -off the Employer will lay -off on the basis of seniority across all three divisions within the public works department for employees that are represented by I.U.O.E. Local 49. 8.3 Recall rights under this provision will continue for twenty -four (24) months after lay off. Recalled Employees shall have ten (10) working days after notification of recall by registered mail at the Employee's last known address to report to work or forfeit all recall rights. Recall rights will be based on seniority across the three divisions within the public works department for employees that are represented by I.U.O.E. Local 49. ARTICLE 9 Discipline 9.1 The Employer will discipline Employees only for just cause. 9.2 An Employee(s) will not be required to participate in an investigatory interview by the Employer where the information gained from the interview could lead to the discipline of the Employee(s) unless the Employee(s) is given the opportunity to have a Union Representative present at the interview to act as a witness for the Employee(s). ARTICLE 10 Employee Rights- Grievance Procedure 10.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 10.2 Union Representatives The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so designated. 10.3 Processing of a Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal 3 working hours provided the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 10.4 Procedure' Grievances, as defined by Section 10. 1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty -one (2 1) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the facts on which it is based the provision or re of the grievance the nature gn provisions of the P Agreement allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer- designated Step 2 representative. The Employer designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer- designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. appealed, the written grievance shall be resented b Step 3. If gn P Y the Union and discussed with the Employer designated Step 3 representative. The Employer designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer- designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the Employer's final answer in to Ste 5 b the Union within ten 10 ce not appealed in writing Step 4. An grievance Y S P Y� PP g P calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment b P Ym ent Labor Relations Act of J P 1971, as amended. If the parties cannot agree upon an arbitrator, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of 4 Grievances" as established by the Public Employment Relations Board. If the parties cannot agree upon an Arbitrator, then the parties may request a list of Arbitrators from the Bureau of Mediation Services. 10.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 10.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual Agreement of the Employer and the Union. 10.7 Choice of Remedy If, as a result of the Employer response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of Section 10.4 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of Section 10.4 the grievance is not subject to the arbitration procedure as provided in Step 5 of Section 10.4. The aggrieved Employee shall indicate in writing which procedure is to be utilized- -Step 5 of Section 10.4 or another appeal procedure -and shall sign a statement to the effect that 5 the choice of any other hearing precludes the aggrieved Employee from making a subsequent appeal through Step 5 of Section 10.4. ARTICLE 11- Job Posting 11.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion or transfers from within provided that applicants have the necessary qualifications to meet the standards of the job vacancy, have the ability to perform the duties and responsibilities of the job vacancy. 11.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article 12- Probationary Periods. 11.3 The Employer has the right of final decision in the selection of Employees to fill posted jobs based on qualifications, abilities and experience. 11.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 12 Probationary Periods 12.1 All newly hired or rehired Employees will serve a twelve (12) months' probationary period. 12.2 All Employees will serve a twelve (12) months' probationary period in any job classification in which the Employee has not served a probationary period. 12.3 At any time during the probationary period a newly hired or rehired Employee may be terminated at the sole discretion of the Employer. 12.4 At any time during the probationary period a promoted or reassigned Employee may be demoted or reassigned to the Employee's previous position at the sole discretion of the Employer. ARTICLE 13 Right of Subcontract Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by Employees covered by this Agreement. ARTICLE 14 Safety The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. ARTICLE 15 Work Schedules 15.1 The sole authority of work schedules is the Employer. The normal work day for an Employee', shall be eight (8) hours. The normal workweek shall be forty (40) hours Monday through Friday. 6 15.2 Service to the public may require the establishment of regular shifts for some Employees t on a daily, weekly, seasonal, or annual basis other than the normal 7:00 3:30 day. The Employer will give seven (7) days advance notice to the Employees affected by the establishment of work days different from the Employee's normal eight (8) hour work day. 15.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an Employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each Employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the Employee from so working. 15.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE 16 Relief And Meal Periods 16.1 Two relief periods not to exceed fifteen (15) minutes are authorized at a practicable time within each Employee's shift. One relief period may be taken during the first half of the shift and the second relief period may be taken during the second half of the shift. 16.2 Each Employee shall be authorized one unpaid thirty (30) minutes meal period per shift. ARTICLE 17 Special Clothing The Employer will purchase and maintain sufficient sets of work coveralls to be available and specifically assigned for wear by Employees, other than mechanics, when engaged in unusually dirty tasks for the respective job classification. A determination of coverall assignments shall rest exclusively with the Employer. Mechanics shall be provided with uniforms by the Employer up to 11 pants and 11 short and long sleeved shirts per week. ARTICLE 18 Overtime Pay 18.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one -half (1 -1/2) times the Employee's regular base pay rate. For the purposes of this section, "hours worked" shall include hours designated as holiday, sick or vacation time off. 18.2 Overtime will be distributed as equally as practicable. 18.3 Overtime refused by Employees will for record purposes under Article 18.2 be considered as unpaid overtime worked. 18.4 For the purpose of computing overtime compensation, overtime hours worked shall not is be pyramided, compounded, or paid twice for the same hours worked. 18.5 Employees will be paid in accord with Article 21 for work on holidays. 7 18.6 As an option to monetary compensation for overtime, an Employee may elect compensatory time off at a rate of one and one -half (1%) the amount of overtime worked or two (2) times the amount of overtime worked for holidays paid in accordance with Article 21. Maximum compensatory time accumulated shall not exceed forty (40) hours at anytime. However, if an employee uses some hours they will be allowed to accrue back to the 40 hour maximum. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer designated supervisor. Compensatory time must be used by the end of December. Any remaining compensatory time will be paid to the employee no later than the last pay period before December 31 of each year. 18.7 Employees leaving the service of the Employer shall be compensated for all comp time hours accrued as of the date of separation. ARTICLE 19 Call Back An Employee called in for work at a time other than the Employee's normal scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one -half (1 -1/2) times the Employee's base pay rate. ARTICLE 20 Standby Pay Public Utility Employees who are designated by their supervisor to serve in a "standby" status on behalf of the City on a weekend will receive as compensation for such service five and one half (5 1/2) hours of overtime pay for the period beginning the end of the work day on Friday and ending the start of the work day on Monday when serving in such status. Public Utility Employees who are designated by their supervisors to serve in a "standby" status on behalf of the City on a week night (Monday, Tuesday, Wednesday, or Thursday) that is not a holiday will receive as compensation for such service one (1) hour of overtime pay for each week night served in such status. Public Utility Employees who are designated by their supervisors to serve in a "standby" status on behalf of the City on a holiday will receive as compensation for such service two (2) hours of overtime pay for each holiday served in such status. Such standby pay shall be in addition to other compensation which the Employee is entitled to under this Agreement. ARTICLE 21- Holiday Leave Holidays Defined. Holiday leave shall be granted for the following holidays: New Year's Day, January 1; Martin Luther King, Jr. Day, third Monday in January; Washington's and Lincoln's Birthdays, third Monday in February; Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, first Monday in September; Christopher Columbus Day, second Monday in October; Veteran's Day, November 11; Thanksgiving Day, fourth Thursday in November; Post- Thanksgiving Day, Friday after fourth Thursday in November; Christmas Day, December 25; and one floating holiday annually to be scheduled with permission of the Employee's supervisor. When New Year's Day, Independence Day, Veteran's Day, or Christmas Day fall on Sunday, the following day shall be observed as a holiday. When they fall on Saturday, the preceding day shall be observed as a holiday. Employees' absence from work on the day following or the day preceding such a three -day holiday weekend without the express authorization of the Employer shall forfeit rights to holiday pay for that holiday. 8 Employees working a normal Monday through Friday workweek, who are required to be on duty on any holiday, shall be paid time and one -half for the hours worked in addition to the base pay rate, except that such employees who are required to be on duty on New Year's Day, Thanksgiving Day, or Christmas Day, shall be paid twice the employee's regular pay for the hours worked in addition to the base pay rate. ARTICLE 22 Vacation Leave 22.1 Amount. Permanent Employees shall earn vacation leave at a rate of 6.67 hours for each calendar month of full -time service or major fraction thereof. Permanent Employees with five consecutive years of service through ten consecutive years of service shall earn vacation at the rate of 120 hours per year. Permanent Employees with more than ten consecutive years of service shall earn vacation leave according to the following schedule: During 11th year of service 128 hours per year. During 12th year of service 136 hours per year. During 13th year of service 144 hours per year. During 14th year of service 152 hours per year. During 15th year of service 160 hours per year. Employees using earned vacation leave or sick leave shall be considered to be working for purposes of accumulating additional vacation leave. 22.2 Usage. Vacation leave may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. Employees shall not be permitted to waive vacation leave and receive double pay. 22.3 Accrual An Employee may accumulate no more than a maximum of 230 hours of vacation leave that can be carried over from year to year. 22.4 Termination Provisions. Employees leaving the service of the Employer in good standing, after having given the Employer proper notice of termination of employment, shall be compensated for vacation leave accrued and unpaid, computed to the date of separation. ARTICLE 23 Sick Leave 23.1 Eligibility. Sick leave with pay shall be granted to probationary and permanent Employees at the rate of eight hours for each calendar month of full -time service or major fraction thereof. 23.2 Usage. Sick leave may be used normally for absence from duty because of personal illness, injury, or legal quarantine of the Employee, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents -in -law, spouse, or children of the Employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers -in -law, sisters -in -law, grandparents, grandparents -in -law, and grandchildren of the Employee. 9 23.3 Accrual. Sick leave shall accrue at the rate of eight hours per month until 960 hours have been accumulated. After 960 hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month, and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month. Employees using earned vacation leave or sick leave shall be considered to be working for the purposes of accumulating additional sick leave. Worker's Compensation benefits shall be credited against the compensation due Employees during sick leave. g P P 23.4 Procedure. In order to be eligible for sick leave with pay, Employees must: 1. Notify their superior prior to the time set for the beginning of their normal work day. 2. Keep their superior informed of their condition. 3. The City Manager may require a medical certificate as may be deemed necessary before approving the utilization of sick leave consistent with the Family Medical Leave Act. 23.5 Misuse Prohibited. Employees claiming sick leave when physically fit, except as otherwise specifically authorized in 23.2 shall be subject to disciplinary action up to and including discharge. ARTICLE 24 Severance Pay Severance pay in the amount of one -third the accumulated sick leave Employees have to their credit at the time of resignation shall be paid to Employees who have been employed for at least five consecutive years. If discharged for cause, severance pay shall not be allowed. Employees hired after 1/1/1992 and having 25 years of continuous service at the time of separation, shall be paid 40% of their accumulated sick leave into the City authorized Post Employment Health Care Savings Plan (PEHSCP). In the event that the retiree benefit in effect on September 1, 2005 is completely eliminated by the employer for employees hired before 1/1/92, the sick leave severance pay for employees hired prior to 1/1/92 and having 25 years of continuous service will be P aid at 40% of their accumulated sick leave into the City authorized PEHSCP. If discharged for cause, severance pay shall not be allowed. ARTICLE 25 Insurance 25.1 2010 Full -time employees Effective 1/1/10 the City payment g will contribute a ent of eight hundred fifty -eight dollars ($858.00) per month per employee for use in participating in the City's insurance benefits. For 2010 employees electing to participate in a high deductible health plan will receive an incentive of $40 per month. 25.3 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide payment for premium of basic life insurance in the amount of $10,000. The 10 employee may use the remainder of the contribution (limits as stated above) for use in participating in the City's insurance benefits. ARTICLE 26 Seasonal/Temporary Employees Employees employed by the Employer on a seasonal/temporary basis for no more than 180 calendar days per calendar year either in a full -time or part-time capacity (more than 14 hours per week) will be compensated as determined by the Employer for the term of this employment. Such Employees will not be eligible for any benefits under this Agreement except those which may be required by law or those which are specifically outlined below. ARTICLE 27 Part -Time Employee Benefits Part-time Employees shall not be eligible to receive fringe benefits under this Agreement. ARTICLE 28 Wage Schedule Effective January 1, 2010 Maintenance III $24.46 Maintenance II $23.54 Step 3 $21.90 Step 2 $20.31 Step 1 $18.70 Start $17.10 Mechanic $24.50 Night Service Person $23.54 Crew Leader: An Employee assigned in writing by the Department Head or Public Works Superintendent to assist a supervisor as crew leader will be paid $1.50 per hour over their base wage of their regular position while performing such duties. Night Service Person: A night service person who is assigned in writing by the supervisor to do mechanics work will receive mechanics hourly rate of pay for time working such assignment. ARTICLE 29 Working Out of Classification Pay Employees required by the Employer and who are adjudged by the Employer to be qualified to operate the following items of equipment will be paid the Maintenance III rate of pay for those hours assigned to the unit: Equipment Requiring Class "A" CDL Motor Grader Aerial Bucket Sewer Jet Truck- Mounted Vactor Caterpillar #950B Front -End Loader Backhoes Caterpillar Front -End Loader Model 928 Crawler Dozer Street Sweeper/Pick -up or Vac Type Oil Distributor Welding Employees required by the Employer and who are adjudged by the Employer to be qualified to i operate the following items of equipment will be paid the Maintenance II rate of pay for those hours assigned to the unit: 11 Blacktop Paver Bombardier or MT Trackless Sidewalk Truck (20' reach and over) and Trail Units Or similar Boom Type Units Sewer Rodding machine Brush Chipper Tandem Axle Trucks Mower over 10' cutting width Tree Spade Paint Striper Truck Mounted Farm Type Tractors Trucks Single Axle Over 26,000 GVW Skid Steer Employees assigned by the Employer to Utility Operator will be paid the wage rate of the job classification to which the Employee is assigned. ARTICLE 30 Legal Defense 30.1 Employees involved in litigation because of negligence, ignorance of laws, non- observance of laws, or as a result of Employee judgmental decision may not receive legal defense by the municipality. 30.2 Any Employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the Employee's employment, when such act is performed in good faith and under direct order of the Employee's supervisor, shall be provided with a City assigned representative to accompany the employee and shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such Employee in defending against such charge. ARTICLE 31- Waiver 31.1 Any and all prior Agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 31.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE 32 Injury on Duty Employees injured while performing the official duties of their employment with the Employer and who are thereby rendered unable to work and are eligible for Workers' Compensation shall receive their regular wages and benefits for up to sixty (60) working days after an initial three (3) day eligibility period, pending doctor's authorization. The three (3) day eligibility will be taken 12 from the Employee's own accrued sick leave. While out on injury on duty, all monies received from Workers' Compensation shall be turned over to the City of Brooklyn Center. ARTICLE 33 Local 49 Central Pension Fund The Employer and the Union have explored the feasibility and process necessary for implementation of the language and contributions required for employee participation in the International Union of Operating Engineers Central Pension Fund (hereinafter CPF). It was determined by the Employer and the Union that it is in the best interests of the employees to reduce their wages in order to allow Union members to participate in the CPF. The parties agree that the amount that would otherwise be paid in salary or wages will be contributed instead to the CPF as pre -tax employer contributions. The CPF is a supplemental Pension Fund authorized by Minnesota Statutes, 356.24, subdivision 1(9). Effective January 1, 2006, a pension contribution of ninety -six cents ($0.96) per hour, will commence. The hourly contribution rate will be applied to all compensated hours. (Cap has been raised to $5,000 per year.) The Employer shall pay this contribution directly to the I.U.O.E. Central Pension Fund. The Union agrees to indemnify and hold the Employer, its Officers, Agents, and employees harmless against any claims, suits, orders or judgments, brought against the Employer as a result of any action taken or not taken by the Employer on the specific provisions of this Article. This "hold harmless" clause does not hold the Employer harmless for failing to transfer the agreed contributions to the I.U.O.E. Central Pension Fund. It is agreed that for purposes of determining future wage rates, the Employer shall first restore the amount of the wage deduction, then apply the applicable wage multiplier, then reduce the revised wage by the CPF contribution rate. It is further agreed that for purposes of calculating overtime compensation the Employer shall first restore the amount of the wage reduction then apply the applicable 1.5 or 2 wage multiplier required under the Fair Labor Standards Act and the collective bargaining agreement, then pay the resulting amount of overtime worked. The CPF Plan of Benefits and the Agreement and Declaration of Trust will serve as the governing documents. ARTICLE 34 Post Employment Health Care Savings Plan (PEHCSP) The Post Employment Health Care Savings Plan (PEHCSP) is established to help defray the cost of medical expenses and health insurance premiums for employees, spouses and dependents after the employee leaves employment with the City of Brooklyn Center. 1. Participation Eligibility Regular full -time benefit earning employees may have contributions made on their behalf into the PEHCSP. Participants must be 21 years of age or older. Unless noted otherwise in this policy, the minimum period of service required to participate in the plan is 60 days. 13 Every eligible employee in an employee group is required to participate in the RHSP for their group as outlined in this applicable labor agreement. 2. PEHCSP Contributions When appropriate, each employee will have an account established in his or her name. Unless specifically noted otherwise, contributions (and earnings) to an employee's PEHCSP account are not taxable income. 3. Accessing Funds a. Employees may access the funds in their PEHCSP account when they are eligible to retire under the Public Employees Retirement Association's (PERA) rules. b. Unless prohibited by the IRS, employees leaving employment with the City prior to being eligible for retirement through PERA, for the reasons noted below, may make withdrawals on a tax -free basis for eligible health related expenses. Upon termination of employment. If employee is collecting a disability. If employee is on a medical leave (six months or longer) If employee is on a leave of absence (one year or longer). If the employee returns to work and is earning medical benefits, they are no longer eligible to make withdrawals from their PEHCSP account. The IRS does not allow these funds to be rolled into any other type of plan, including an IRA. C. Access following death. The surviving spouse and eligible dependents continue to access the account for eligible expense reimbursements until the PEHCSP account is exhausted. Such reimbursements are not taxable. Unless prohibited by the IRS, reimbursements may also be made to a beneficiary other than a surviving spouse or eligible dependent. However, such reimbursements would be taxable to the recipient. 4. Eligible Expenses Reimbursed by Plan Funds in a PEHCSP account may be used to reimburse: 1. Insurance premiums (health insurance premiums, Medicare supplemental insurance premiums, Medicare Part B insurance premiums, COBRA and Chapter 488 insurance premiums, long term care insurance premiums (not long term care expenses), and dental insurance premiums. 2. Most qualifying medical expenses as defined in Internal Revenue Code Section 213 (i.e. medical costs that would otherwise be deductible to the employee on his or her individual income tax return). A third -party claims administrator will handle claims administration. 14 5. No Opt -out Employees and retirees in groups covered by the PEHCSP program are not permitted to opt -out of the program. Participation is mandatory. 6. Program Administration Along with the Human Resources Division, the company selected will administer the PEHCSP program. The employee controls how the money is invested similar to his or her section 457 deferred compensation program. The employee receives an account statement each from the company for his or her PEHCSP account. 7. Administrative Fees Please contact the vendor selected for current administrative and mutual fund fees. 8. Plan Modifications The details of the Vendor's administration of the PEHCSP as well as other features of the plan are set forth in the PEHCSP materials as provided. These details and IRS regulations regarding the PEHCSP may be revised, necessitating the revision to this policy or other agreements between employee groups and the City. The City reserves the right to modify its policy to comply with any other regulations regarding the plan and to add contribution requirements. 9. Contribution Formulas 1. Election for Pre -Tax Contributions from Compensation. Employees may elect to contribute up to 25% of their compensation. This is a one -time, irrevocable election. Employees must make this decision during the open enrollment period 2. Severance Pay. Employees who qualify to receive severance pay and vacation pay upon retiring or leaving the city in good standing, as defined by the current Labor Agreement, will designate from 0% to 100% (in 10% increments) to be placed in their individual PEHCSP accounts at the time of retirement or resignation. This is an irrevocable election. Employees must make this decision during the open enrollment period prior to the beginning of the year in which they will retire. ARTICLE 35 Duration This Agreement shall be effective as of January 1, 2010, and shall remain in full force and effect until the 31 st day of December 2010. 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of .2009. FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, Business Manager President Recording Secretary Business Representative Union Steward Union Steward FOR THE CITY OF BROOKLYN CENTER Mayor City Manager 16 C ity Co o.cff .Agenda Item No 10 i Proposed Sign Ordinance Amendment Temporary Signs Chapter 34 st Reading Presented By: Vickie Schleuning r Assistant to the City Manager/ Director of Building Community Standards City of Brooklyn Center City Council Meeting November 9, 2009 Topics Background Overview of Recommended Changes Feedback Next Steps n Process Possib e Revisions Pub is Hearing for Second Reading on December 4, 2009 z Background Received pub ic feedback regarding garage sa es Some too enient, some too restrictive Opportunity to c arify requirements City attorney drafted code amendments 3 i r Overview of Proposed Amendments Require placement of temporary signs at least 10 feet back from the road edge and 2 feet behind sidewalk/trail edge. Provides specific language versus current right -of -way language Other temporary signs regulated in a similar manner to rummage sale signs included- constitutionality, logistics Provide size restriction of 6 square foot for temporary signs similar in nature to garage /rummage Possible revision to construction signs, residential vs commercial sizing similar to real estate Clarify code language to require name, address, and date of event on garage sale sign Provide reference to definitions for rummage /garage sale in requirement area Provide reference to other applicable code sections such as sight triangle Possible revision needed to clarify current code reference 4 t i Counci Feedback Next Steps 'han c y ou 5 i i Differences Amon Ch 35 560 si ht trian g g g e, Chapt 25 -802 c ear view trian e, and p roposed g ocation minimum 0 ft from road edge i w I W LLI I Q I LLI m Q U a house o 55' Y'es +Y %4.^� i u .v`l I.��. COUNCIL ITEM MEMORANDUM DATE: November 9, 2009 TO: Curt Boganey, City Manager film FROM: Vickie Schleuning, Assistant City Manager/Director of Building Community Standards SUBJECT: An Ordinance Relating to the Regulation Of Signs; Amending Brooklyn Center City Code, Sections 34 -130 And 34 -140 Recommendation: Staff recommends that the Brooklyn Center City Council consider approving first reading of an ordinance amending the Regulation of Temporary Signs, and scheduling second reading and Public Hearing for December 14, 2009. Background: Several comments have been made by the public regarding the sign code requirements specifically related to garage /rummage sales. Some people thought the ordinance was not restrictive enough, other people felt it was too restrictive. After discussion, it was determined that the code requirements should be clarified in order to ensure a uniform enforcement, promote health/life safety standards, minimize nuisances and enable city right -of -way maintenance abilities. Based on City Council comments at the September 28, 2009 Council Work Session, the City Attorney has prepared a proposed ordinance amendment to the City Sign Code Chapter 34. Because of potential constitutionality issues and regulatory logistics, other temporary signs regulated in a similar manner to rummage sale signs needed to be included in this revision. A summary of the proposed changes for temporary signs is as follows: 1. Require placement of signs a minimum of ten feet back from the road edge and at least two feet behind a sidewalk/trail edge. The current code language refers to the right -of- way, which can vary. 2. Clarify the code language to require the name, address and date of event on a garage sale sign. 3. Provide reference to other applicable code sections such as the sight triangle and definitions of rummage sales in the appropriate sections. Budget Issues: N/A Attached: CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of December 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, at City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance relating to the regulation of signs; amending Brooklyn Center City Code, Sections 34 -130 and 34 -140. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO THE REGULATION OF SIGNS; AMENDING BROOKLYN CENTER CITY CODE, SECTIONS 34 -130 AND 34 -140 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: ED SIGNS paragraph 2 is 34 130 PROHIBIT City Code Section Section L Brooklyn Center Y tY amended as follows: 2. Signs within the public right -of -way or easeme install signs; provided, however. that the following signs in the public right- of -wav or easement are not prohibited: a. government installed sins. b. signs denoting an architect, engineer, contractor. or owner meeting the reauirements of Section 34- 140.2.d. C. campaign signs meeting the reouirements of Section 34- 140.2.f d. real estate signs meeting the requirement of Section 34- 140.2.1.1. e. rummage sales signs meeting the reauirements of Section 34- 140.2.m. f. noncommercial opinion inion or expression signs meeting the reouirements of Section 34- 140.2.n. Section II. Brooklyn Center City Code, Section 34 -140, PERMITTED SIGNS, paragraph 2, Permitted Signs Not Requiring a Permit is amended as follows: 2. Permitted Signs Not Reauiring a Permit a. Identification signs for one and two family dwellings provided that such signs are less than two (2) square feet in area. (Note: Home occupation signs are covered by Section 34 -140, Subdivision 3C (1).) ORDINANCE NO. b. Wall and freestanding site, pedestrian, vehicular traffic, parking and other appropriate types of directional signs as approved by the Zoning Official, provided such signs are less than sixteen (16) square feet in area, and have a height no greater than 15 feet or ground floor height, whichever is less. C. Traffic control signs, noncommercial governmental signs, legal notices, railroad crossing signs and temporary nonadvertising safety or emergency signs. d. Signs, each of which does not exceed six (6) sauare feet in area, denoting the architect, engineer, contractor, or owner when placed upon a respective worksite. andl not exeeeding a n aggr -e at The aggregate total of all such signs on one, parcel shall not exceed forty -eight (48) square feet in area, to -and all such signs, shall be removed ten (10) days following completion of construction. All such signs must be at least ten (10) feet back from the back of the curb or improved edge of a roadwav and at least two (2) feet back from the improved edge of a trail or sidewalk and outside of the sight triangle defined in Section 35 -560. e. Copy or message changing on a printed or painted sign which is permitted by this ordinance. f. Portable and freestanding campaign signs for a period of not more than sixty (60) days before and ten (10) days after an election provided no one sign is greater than sixteen (16) square feet in area, except that there shall be no limitation on the size of campaign or other noncommercial signs during the period from August 1 in a state general election year until ten (10) days following the state general election. Freestanding campaign signs may be installed only upon private property with the permission of the property owner who shall be responsible for removal thereof. The candidate whose candidacy is promoted by an improperly placed or otherwise illegal campaign sign shall be held responsible therefor. Signs must be at least ten (10) feet back from the back of the curb or improved edge of a roadwav and at least two (2) feet back from the improved edge of a trail or sidewalk and outside of the sight triangle defined in Section 35- 560. g. Signs or posters painted on or attached to the inside of a display window. This shall include illuminated signs, but not flashing signs. h. Flags, badges, or insignia of any government or governmental agency, or of any civic, religious, fraternal or professional organization. Commercial and industrial establishments may display a single flag consisting of the official corporate seal or insignia as identification of the individual establishment. Advertising or promotion of specific products or services is prohibited unless approved in conjunction with an administrative permit as provided in Section 35 -800. i. Emergency signs required by other governmental agencies. ORDINANCE NO. j. Temporary displays which are erected to celebrate, commemorate, or observe a 0 civil or religious holiday. k. Courtesy bench signs, provided they are installed and maintained by a person, firm or corporation licensed by the City Council. 1. Real Estate signs as follows: 1. Temporary freestanding or wall signs for the purpose of selling or leasing individual lots or entire buildings provided that such signs shall not exceed six (6) square feet in area for residential property and thirty-two (32) square feet for other property and that there shall be only one such freestanding or wall sign permitted for each property. The sign must be removed within ten (10) days following the lease or sale. Temporary freestanding off -site real estate signs announcing an "open house" or similar activity for the purpose of showing or displaying a home for sale are permitted provided: a. The off -site sign is located on privately -owned residential property and there is no objection to the display of the sign on the part of that property owner; b. The off -site sign is displayed only during the time of the "open house" or showing; C. The size of the off -site sign shall not exceed three (3) square feet in area. Sims permitted by this paragraph 1.1. shall not be erected or maintained, in the public right -of -wav or easement: provided. however, that sins that do not exceed six (6) sauare feet in area may be erected or maintained in the public right -of -wav or easement. if thev are at least ten (10) feet back from the back of the curb or improved edge of a roadway and at least two (2) feet back from the improved edge of a trail or sidewalk and outside of the sight triangle defined in Section 35 -560., 2. A temporary freestanding sign for the purpose of announcing or promoting a new residential, commercial or industrial project development, provided that each residential project contains at least six (6) dwellings or lots. Further provisions are that one such sign is permitted for each major thoroughfare the project abuts; the signs shall be located at least one hundred thirty (13 0) feet from any pre existing home; the signs are removed within two (2) years of issuance of the first building permit in the project or when the particular project is ninety (90) percent sold out or rented, whichever is sooner; and each sign shall not exceed the following size limitations: ORDINANCE NO. Project area under 10 acres 48 square feet Project area over 10 acres 320 square feet 3. Signs for the purpose of leasing or selling portions of commercial or industrial buildings, such as offices or individual tenant areas, are permitted only when buildings are less than 95% occupied and are limited to one freestanding or wall sign per street frontage. The size of signs shall be no greater than 32 sq. ft. and freestanding signs shall be no higher than 10 ft. above ground level. 4. Signs for the purpose of leasing or selling dwelling units within a multiple family dwelling are permitted only when vacancies exist and are limited to one freestanding or wall sign per street frontage. The size of signs shall be no greater than six sq. ft. unless the complex contains more than 36 units and is adjacent to a major thoroughfare in which case the sign may be up to 32 sq. ft. in area. The maximum height of freestanding signs shall be 10 ft. above ground level. 5. All signs permitted by this section of the ordinance shall be maintained in an appropriate riate manner so that the message is clearly legible. Sign p structures must be maintained in accordance with Section 34-140.1.c of this ordinance. M. Rummage Sale Signs as follows: square feet in area not exceeding six 1. A temporary on -site sign g 6 q P Y identifying the location of and/or information relating to a rummage sale. Banners, pennants, streamers, balloons, stringers or similar attention attracting devices may also be displayed on the property where the sale is being conducted. The sign and other devices may be displayed for the duration of the sale only, and must be removed at its termination. 2. Temporary off -site signs not exceeding three (3) square feet in area, indicating the location and/or time of a rummage sale may be located on other residential property (not commercial, industrial or public property) provided that property owner's permission has been obtained to display such signery. These signs may be displayed for the duration of the sale only, and must be removed at its termination. 3. Rummage sale signs must conform in all other respects with the provisions of this ordinance. 4. Suns must be at least ten (10) feet back from the back of the curb or improved edge of a roadwav and at least two (2) feet back from the improved edge of a trail or sidewalk and outside of the sight triangle defined in Section 35 -560. ORDINANCE NO. 5. The front or back of the sign must state. in clear, legible letters, the name of the Derson conducting the rummage sale, the address of the rummage, sale, and the dates of the rummage sale. 6. The rummage sale to which the sign relates must meet the requirements of the definition of rummage sale in Section 34 -110. n. Noncommercial opinion or expression signs as follows: 1. One such sign not to exceed six (6) square feet in area is allowed on private residentially zoned or used property, with the consent of the property owner, provided it is not an illuminated sign and is erected and maintained in accordance with Section 34 -140, Subdivision 1 and is not otherwise prohibited by Section 34 -130 of the City Ordinances. 2. Any single sign or signable area allowed on a site which is devoted to any commercial or industrial use may be used, in lieu of other signage permitted under this ordinance, as a noncommercial opinion or expression sign. 3. Signs must be at least ten (10) feet back from the back of the curb or imDroved edge of a roadway and at least two (2) feet back from the imDroved edge of a trail or sidewalk and outside of the sight trian41e defined in Section 35 -560. o. Decorative banners attached to or hung from light standards or similar structures provided they are no larger than 16 sq. ft: in area, contain no commercial advertising message or logo, product identification nor are intended for advertising purposes and must be maintained in a safe manner and in good condition so as not to be faded, torn, tattered or be in an unsightly condition. Section I1I. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. [Underlined material is new. Strieken material is deleted.] Adopted this day of 2009. Tim Willson, Mayor ATTEST: Sharon Knutson, City Clerk Date of Publication: Effective Date: L l ti r Y i Work Session Agenda rj k i AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION November 9, 2009 Council and EDA Meetin Immediately Following Regular City s Which Start at 7:00 P.M. g Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Update Regarding Annual Retrea t PENDING LIST FOR FUTURE WORK SESSIONS November/December 1. Strategic Plan Goals Outcomes Success Measures 2. TIF Districts Update 3. Brookdale Mall Update 4. 57th and Logan Update 5. Administrative Fines Update 6. Zoning/Code Enforcement Ordinance Amendments 7. Prosecutor RFP Process 8. Complete Streets Later /Ongoing 1. Strategic Outcome Reports 2. Department Year End Reports 3. Legislative Update a. Prosecutor Services 4. Community Schools Update 5. 2011 Brooklyn Center Celebration Update 6. Ordinance Amendments Farmers Market 7. Crime Free Housing Update 8. Community Gardens 9. Random Acts of Kindness Mayor Willson 10. Neighborhood Designations 11. Junk and Inoperable Vehicles Update Back Yard Parking