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Home My WebLink About2004 01-12 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION January 12, 2004 6:00 P.M. City Council Chambers 1. City Council discussion of agenda items and questions 2. Representative Debra Hilstrom 3. Discussion of Chi Chi's Liquor violation 4. Miscellaneous 5. Discussion of Work Session Agenda Items as time permits 6. Adjourn City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Mem armody, Lasman, Niesen, and Peppe From: Michael J. McCaul� City Manager Date: January 8, 2004 Re: Rep. Hilstrom Pursuant to the Council's discussion, Representative Hilstrom and Senator Scheid were invited to meet with the City Council. Representative Hilstrom was able to schedule meeting with the City Council at Monday's Study Session. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Me ers Carmody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: January 8, 2004 Re: Chi Chi's Liquor Law Violation Chic Chi's is in bankruptcy. Charlie LeFevere has explored pursuing Chi Chi's after hours sale violation in bankruptcy court and determined that it is possible to pursue the imposition of a penalty on the bankrupt corporation. However, it would be an involved and costly undertaking to go into bankruptcy court and there exists the potential that we would also need to conduct hearings. Based on that review it would be my recommendation not to pursue the matter in bankruptcy court. The business is closed and the costs of any potential penalty would be eclipsed by the costs of navigating through bankruptcy court. If Chi Chi's emerged from bankruptcy and sought a new liquor license, their violations could be used to determine whether a new license would be issued. 301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number g y y Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org CITY COUNCIL MEETING City of Brooklyn Center January 12, 2004 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. 4. Roll Call 5. Pledge of Allegiance 6. Council Report 7. 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 Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. December 8, 2003 Study Session 2. December 8, 2003 Regular Session 3. December 8, 2003 Work Session 4. December 29, 2003 Special Session b. Licenses C. Approval of Site Performance Guarantee Release for IHOP Restaurant, 5601 Xerxes Avenue North d. Proclamation Declaring We Care About Kids Month CITY COUNCIL AGENDA -2- January 12, 2004 e. An Ordinance Relating to the Licensure of Massage; Amending Brooklyn Center Code Section 23 -1703 Motion to remove from table and to take no action on the ordinance amendment. f. Request to Donate Guns to the Skills Program at the Center for Criminal Justice and Law Enforcement Motion to authorize request. g. Resolution Establishing Improvement Project No. 2004 -06, Contract 2004 -C, 73` Avenue North Street, Storm Drainage, and Utility Improvements and Approving an Agreement with the City of Brooklyn Park for Contract Administration h. Ordinance Amending the Legal Description for Vacating a Portion of Street Right of Way: Shingle Creek Parkway South of 69 Avenue North i. Resolution Designating Official Newspaper j. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2003 -13, Contract 2003 -E, 2003 Seal Coating k. An Ordinance Vacating a Portion of Storm Sewer Easement at Garden City Elementary School, Osseo School District No. 279 Motion to approve first reading and set second reading and public hearing on February 9, 2004. 1. Resolution Appointing Michael J. McCauley as Director and Jim Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group m. Resolution Designating Depositories of City Funds 8. Public Hearing Item a. An Ordinance Relating to the Location of Secondhand Goods Dealers, Pawnshops, Currency Exchanges, Tattoo Parlors and Body Piercing Establishments, Saunas, and Massage Parlors; Amending Brooklyn Center City Code Sections 23 -610, 23 -661, 23 -1607, 23 -1709, 23 -2203 and 23 -2309 -This item was approved for first reading on December 8, 2003; published in the official newspaper on December 18, 2003; and is offered for a second reading and public hearing. -Requested Council Action: Motion to open Public Hearing. -Take public input. Motion to close Public Hearing. Motion to adopt ordinance. CITY COUNCIL AGENDA -3- January 12, 2004 9. Council Consideration Items a. Resolution Expressing Appreciation for the Donations from the Brooklyn Center Fire Relief Association *Requested Council Action: Motion to adopt resolution. b. Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations •Requested Council Action: Motion to adopt resolution. C. An Ordinance Amending Sections 11 -717, 23- 1900, and 23 -1902 of the Brooklyn Center Code of Ordinances, Relating to the Conduct of Charitable Gambling in the City Requested Council Action: Motion to approve first reading and set second reading and public hearing on February 9, 2004. d. Select Presiding Officers Mayor Pro Tern and Acting Mayor Pro Tern Requested Council Action: Council discuss and select presiding officers. e. Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives for Other Organizations for 2004 -Requested Council Action: Motion to ratify Mayoral appointments. Mayoral Reappointments to City Advisory Commissions Requested Council Action: Motion to ratify Mayoral reappointments. g. Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions Requested Council Action: Motion to adopt resolution. h. Resolution Approving Joint Powers Agreement for Street Maintenance Activities and Authorizing Solicitation of Bids for 2004 Seal Coating Requested Council Action: Motion to adopt resolution. CITY COUNCIL AGENDA 4- January 12, 2004 i. Resolution Authorizing the Execution of Agreement for the Peacemaker Diversion Grant -Requested Council Action: Motion to adopt resolution. j. Resolution and Consent Order Imposing Civil Penalty for Value Food Market Liquor Violation -Requested Council Action: Motion to adopt resolution. k. Resolution Approving the Contract for Law Enforcement Labor Services (LELS) Local 82 and the City of Brooklyn Center for the Calendar Year 2004 -Requested Council Action: Motion to adopt resolution. 1. Resolution Approving the Contract for Law Enforcement Labor Services (LELS) Local 86 and the City of Brooklyn Center for the Calendar Year 2004 -Requested Council Action: Motion to adopt resolution. m. Resolution Supporting Continued Funding for Grants to Improve Lake Water Quality -Requested Council Action: Motion to adopt resolution. n. Resolution Expressing Recognition of and Appreciation to Officer Gary Coleman and Officer Clark Messenbrink for Their Service as D.A.R.E. Officers -Requested Council Action: Motion to adopt resolution. 10. Adjournment I City Council Agenda Item No. 7a i 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 DECEMBER 8, 2003 CITY HALL COUNCIL CHAMBERS CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:05 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Diane Niesen, and Bob Peppe. Councilmember Kathleen Carmody was absent and excused. Also present were City Manager Michael McCauley, Public Works Director /City Engineer Todd Blomstrom, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed City Council agenda items 7e, Resolution Approving Change Order No. 5, Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 2002 -05, 06, 07, and 14, Contract 2002 -B, Garden City South Street, Storm Drainage and Utility Improvements; 9d, Franchise Fee Ordinances; 1Of, An Ordinance Relating to the Location of Secondhand Goods Dealers, Pawnshops, Currency Exchanges, Tattoo Parlors and Body Piercing Establishments, Saunas, and Massage Parlors; Amending Brooklyn Center City Code Sections 23 -610, 23 -661, 23 -1607, 23 1709, 23 -2203, and 23 -2309; l On, Resolution Authorizing Proposed Use of Auto Theft Prevention Grant; and 9c, An Ordinance Relating to the Brooklyn Center Building Code: Amending Brooklyn Center City Code Sections 3-101, 3 -102, and 3 -103. Councilmember Lasman expressed that she would like to see the notification when the franchise fee statements are mailed by CenterPoint Energy. City Manager Michael McCauley informed that he would have to check when the statements would be available and that he would get the statements to the Council as soon as he had them. Councilmember Peppe informed that he would abstain from the vote regarding the ordinance adoption relating to Chapter 3 due to a conflict of interest. MISCELLANEOUS Council discussed the construction bidding process; signing at Humboldt Square; the goose management process, and had Bob Thistle from Springsted provide an overview of the bond sale agenda items. 12/08/03 -1- DRAFT Councilmember Niesen asked for clarification regarding the unspent Economic Development Authority (EDA) budgeted monies. Mr. McCauley discussed that the monies not spent are transferred to build a balance for EDA development or redevelopment projects. ADJOURNMENT A motion by Councilmember Niesen, seconded by Councilmember Lasman to adjourn the Study Session at 6:50 p.m. Motion passed unanimously. City Clerk Mayor 12/08/03 -2- 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 DECEMBER 8, 2003 CITY HALL COUNCIL CHAMBERS L INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum at 6:50 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Diane Niesen, and Bob Peppe. Councilmember Kathleen Carmody was absent and excused. Also present were City Manager Michael McCauley, Public Works Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Jerry Blarney, 7136 Willow Lane North, addressed the Council to express concern about the traffic signal sequence change at 66 Avenue North and Highway 252. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Niesen to adjourn the Informal Open Forum at 6:52 p.m. Motion passed unanimously. 2. INVOCATION Father David Shannon, St. Alphonsus Parish, offered the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:12 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Diane Niesen, and Bob Peppe. Councilmember Kathleen Carmody was absent and excused. Also present were City Manager Michael McCauley, ublic Works Director/City Engineer Todd Bl m y, o o Strom City Attorney tY g tY Y Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 12/08/03 -1- DRAFT 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited 6. COUNCIL REPORT Councilmember Lasman reported that she attended the Holly Sunday event on December 7, 2003; and wished to thank the Brooklyn Center Lions for their support with the event. Councilmember Niesen reported that there is an Eagle's nest on the southern portion of Upper Twin Lake and that some residents are looking into some signage to help preserve the nest from snowmobiles. Mayor Kragness reported that she attended the Holly Sunday event on December 7, 2003; and expressed thanks to the Brooklyn Center Lions for their support with the event. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Kragness informed that Council Consideration Item 10a, Bond Sales, was going to be repositioned to Appearances as item 8a. There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda with the amendment of repositioning Council Consideration Item 10a, Bond Sales, to Appearances as item 8a. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the November 24, 2003, study, regular, and work session; and the December 1, 2003, truth in taxation meeting minutes. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. CHRISTMAS TREE SALES PQT Company 21050 Lake George Boulevard NW, Oak Grove GASOLINE SERVICE STATION Brookdale Citgo 5710 Xerxes Avenue North Humboldt Shell 6840 Humboldt Avenue North SuperAmerica #4058 1901 57th Avenue North SuperAmerica #4160 6545 West River Road 12/08/0 r 3 -2- DRAFT y LIOUOR CLASS A ON -SALE INTOXICATING AND SUNDAY Olive Garden 1602 James Circle North Vallarta's Mexican Restaurant 6000 Shingle Creek Parkway LIOUOR CLASS B ON -SALE INTOXICATING AND SUNDAY AMF /Earle Brown Lanes 6440 James Circle North Hilton Minneapolis North 2200 Freeway Boulevard TGI Friday's 2590 Freeway Boulevard LIOUOR CLASS F ON -SALE INTOXICATING AND SUNDAY Earle Brown Heritage Center 6155 Earle Brown Drive LIOUOR CLUB Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard LIOUOR OFF -SALE 3.2 PERCENT MALT LIOUOR Cub Foods 3245 County Road 10 SuperAmerica #4160 6545 West River Road SuperAmerica #4058 1901 57th Avenue North Value Food 6804 Humboldt Avenue North Winner Gas 6501 Humboldt Avenue North LIOUOR ON -SALE 3.2 PERCENT MALT LIQUOR 50's Grill 5524 Brooklyn Boulevard Centerbrook Golf Course 5500 Lilac Drive Davanni's Pizza and Hot Hoagies 5937 Summit Drive Scoreboard Pizza 6816 Humboldt Avenue North LIOUOR ON -SALE WINE 50's Grill 5524 Brooklyn Boulevard PAWNBROKER Cash -n -Pawn 1964 57`" Avenue North SECONDHAND GOODS DEALER CD Warehouse 6072 Shingle Creek Parkway TOBACCO RELATED PRODUCT American Legion Post 630 6110 Brooklyn Boulevard Humboldt Shell 6840 Humboldt Avenue North Brookdale Citgo 5710 Xerxes Avenue North SuperAmerica #4058 1901 57 Avenue North SuperAmerica #4160 6545 West River Road 12/08/03 -3- DRAFT The following licenses are agaroved subiect to the conditions listed: LIOUOR ON -SALE CLASS B INTOXICATING AND SUNDAY Applebee's 1400 Brookdale Mall [subject to proof of payment of property taxes on or before December 31, 2003] LIOUOR ON -SALE 3.2 PERCENT MALT Chuckwagon Grill 1928 57th Avenue North [subject to submittal of liquor liability insurance certificate] 7c. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NOS. 1, 2, AND 3 AND CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2002 -04, CONTRACT 2002 -D, FRANCE AVENUE RELOCATION RESOLUTION NO. 2003 -189 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NOS. 1, 2, AND 3 AND CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2002 -04, CONTRACT 2002 -D, FRANCE AVENUE RELOCATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7d. RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2002 -19, CONTRACT 2002 -I, SHINGLE CREEK TRAIL RECONSTRUCTION RESOLUTION NO. 2003 -190 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2002 -19, CONTRACT 2002 -I, SHINGLE CREEK TRAIL RECONSTRUCTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 12/08/03 -4- DRAFT 7e. RESOLUTION APPROVING CHANGE ORDER NO. 5, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT MPROVEMENT PROJECT NOS. 2002-05,06,07 14, CONTRACT 2002 -B, GARDEN CITY SOUTH STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS RESOLUTION NO. 2003-191 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 5, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2002-05,06,07 14, CONTRACT 2002 -13, GARDEN CITY SOUTH STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7f. RESOLUTION AUTHORIZING AN AGREEMENT WITH OSSEO SCHOOL DISTRICT NO. 279 FOR RELOCATION OF STORM SEWER AND VACATION OF AN EXISTING STORM SEWER EASEMENT AT GARDEN CITY ELEMENTARY SCHOOL RESOLUTION NO. 2003-192 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AN AGREEMENT WITH OSSEO SCHOOL DISTRICT NO. 279 FOR RELOCATION OF STORM SEWER AND VACATION OF AN EXISTING STORM SEWER EASEMENT AT GARDEN CITY ELEMENTARY SCHOOL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7g. RESOLUTION APPROVING CHANGER ORDER NO. 2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2002-01,02, AND 03, CONTRACT 2002 -A, SOUTHWEST NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS RESOLUTION NO. 2003-193 Councilmember Lasman introduced the following resolution and moved its adoption: 12/08/03 -5- DRAFT RESOLUTION APPROVING CHANGER ORDER NO. 2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2002-01,02, AND 03, CONTRACT 2002 -A, SOUTHWEST NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7h. RESOLUTION SETTING SALARIES FOR THE CALENDAR YEAR 2004 RESOLUTION NO. 2003-194 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION SETTING SALARIES FOR THE CALENDAR YEAR 2004 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7i. RESOLUTION APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2004 RESOLUTION NO. 2003-195 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2004 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. S. APPEARANCES 8a. BOND SALES RESOLUTION ACCEPTING OFFER ON SALE OF $5,045,000 GENERAL OBLIGATION POLICE AND FIRE BUILDING REFUNDING BONDS, SERIES 2004A, LEVYING A TAX THEREFOR AND PROVIDING FOR THEIR ISSUANCE 12/08/03 -6- DRAFT RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,470,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004B Bob Thistle, representative from Springsted, addressed the Council to discuss the bond sales for the $5,045,000 General Obligation Police and Fire Building Refunding Bonds, Series 2004A and the $2,470,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2004B. The City's A -1 Bond Rating was confirmed by Moody's. He recommended awarding the $5,045,000 General Obligation Police and Fire Building Refunding Bonds, Series 2004A to U.S. Bancorp Piper Jaffray Inc. with a true interest rate of 3.0347 percent and the $2,470,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2004B to Northland Securities with a true interest rate of 3.8008 percent. He informed that the sale of these bonds do not extend the bonds or amend their structure; and that the sale of these bonds has met the three percent advance refund State requirements. RESOLUTION NO. 2003-196 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING OFFER ON SALE OF $5,045,000 GENERAL OBLIGATION POLICE AND FIRE BUILDING REFUNDING BONDS, SERIES 2004A, LEVYING A TAX THEREFOR AND PROVIDING FOR THEIR ISSUANCE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. RESOLUTION NO. 2003-197 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,470,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004B The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 8b. RECOGNITION OF CITY COMMISSIONERS RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY COMMISSIONS Councilmember Lasman read the resolution while Mayor Kragness presented those present a certificate of appreciation. The following are those who were recognized: 12/08/03 -7- DRAFT Jerald Blamey, Financial Commission 11/25/96 12/31/03 Robert Cambanes, Charter Commission 7/21/99 7/20/03 JoAnn Campbell- Sudduth, NWHHSC Commission 1/28/03 7/30/03 Lloyd Deuel, Housing Commission 9/25/95 12/31/03 Ernie Erickson, Housing Commission 8/28/89 12/31/03 Sylvester Knapp, Charter Commission 6/7/95 6/7/03 Todd Paulson, Charter Commission 3/21/95 5/8/03 John Whitehead, Planning Commission 2/8/99 12/31/03 Gavin Wilkinson, Financial Commission 10/13/98 12/31/03 R. Carl Wolter, Charter Commission 3/21/95 3/22/03 (The highlighted names are those who were present to receive a certificate.) RESOLUTION NO. 2003-198 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY COMMISSIONS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8c. LANG- NELSON ASSOCIATES REGARDING REQUESTED STREET IMPROVEMENTS, 6100 BLOCK, FREMONT AVENUE NORTH Mr. McCauley discussed that Lang- Nelson Associates, owners of the apartment complex at 6125 and 6201 Lilac Drive North, had requested a project proposal to remove the cul -de -sac and connect Fremont Avenue to Lilac Drive at 62 Avenue. Paul Brewer, Lang- Nelson Associates representative, addressed the Council to discuss the request and ask that the Council consider paying half the cost of the project. He expressed that he believes the project would be a positive improvement and beneficial for the neighborhood. He asked that the project be considered for 2004 as part of the City's construction plans. Council discussed the request and considered options that were feasible. Councilmember Lasman expressed that she would like to hear from residents regarding the proposal before making any decisions. Councilmember Niesen questioned if any alternatives had been considered such as signing or doing the project in 2005. 12/08/03 -8- DRAFT Mr. Brewer informed that they had considered signs for the traffic issues; however, the signing would not help the residents trying to get from one building to the next; and that they were hoping to have something done in 2004 due to the traffic concerns. Mr. McCauley suggested that if the Council would like to consider the request for the project, the Council could continue to review options at a work session. Councilmember Niesen informed that she might support the work being done and the City helping with the funding in 2005. Councilmember Peppe asked if the funding could come from the Economic Development Authority (EDA). Mr. McCauley responded that might be possible. It was the consensus of the Council to continue reviewing the options for responding to this request. 9. PUBLIC HEARINGS 9a. CONSIDERATION OF 2004 BUDGET 1. RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR 2004 2. RESOLUTION ESTABLISHING A FINAL MARKE VALUE LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICES AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES CHAPTER 469.033 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2004 3. RESOLUTION ADOPTING THE 2004 GENERAL FUND BUDGET 4. RESOLUTION ADOPTING THE 2004 SPECIAL REVENUE FUND BUDGETS 5. RESOLUTION ADOPTING THE 2004 DEBT SERVICE FUND BUDGETS 6. RESOLUTION ADOPTING THE 2004 CAPITAL PROJECT FUND BUDGETS 12/08/03 -9- DRAFT 7. RESOLUTION ADOPTING THE 2004 ENTERPRISE FUND BUDGETS 8. RESOLUTION ADOPTING THE 2004 PUBLIC UTILITY FUND BUDGETS 9. RESOLUTION ADOPTING THE 2004 INTERNAL SERVICE FUND BUDGETS Mr. McCauley outlined and reviewed the budget during a PowerPoint presentation and discussed that the resolutions would adopt the budgets for 2004. Councilmember Niesen suggested that next year the City's Legislative Representatives meet with the City Council. Mr. McCauley suggested that something be added to the January 12, 2004, agenda to include the City's Legislative delegation. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council regarding the proposed budget resolutions. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2003 -199 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR 2004 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 2003 -200 Councilmember Lasman introduced the following resolution and moved its adoption: 12/08/03 -10- DRAFT RESOLUTION ESTABLISHING A FINAL MARKET VALUE LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICES AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES CHAPTER 469.033 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2004 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 2003-201 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2004 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 2003-202 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2004 SPECIAL REVENUE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 2003 -203 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2004 DEBT SERVICE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 2003 -204 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2004 CAPITAL PROJECT FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 12/08/03 -11- DRAFT RESOLUTION NO. 2003-205 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2004 ENTERPRISE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 2003-206 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2004 PUBLIC UTILITY FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 2003-207 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2004 INTERNAL SERVICE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9b. CONSIDERING THE PROPOSED 2004 -2008 CAPITAL IMPROVEMENT PROGRAM RESOLUTION ADOPTING CAPITAL IMPROVEMENT PROGRAM Mr. McCauley discussed that each year the City plans a five year Capital Improvement Program (CIP). Director of Public Works /City Engineer Todd Blomstrom outlined the CIP plan for 2004- 2008 and informed that the additional changes since previous discussions in 2003 are the Freeway Boulevard bridge deck and Evergreen Park sidewalks. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. 12/08/03 -12- DRAFT RESOLUTION NO. 2003-208 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING CAPITAL IMPROVEMENT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 9c. AN ORDINANCE RELATING TO THE BROOKLYN CENTER BUILDING CODE: AMENDING BROOKLYN CENTER CITY CODE SECTIONS 3 -101, 3- 102, AND 3 -103 City Manager Michael McCauley discussed that the City is required to adopt building codes that reflect the State of Minnesota's International Building Code. Councilmember Peppe informed that he would abstain from the vote due to a conflict of interest. A motion by Councilmember Lasman, seconded by Councilmember Niesen to re- open the Public Hearing. Motion passed unanimously. Dale Greenwald, Cass Screw Machine Company, addressed the Council to question the impact of this ordinance. Mr. McCauley responded that the impacts are mandatory and would not be major. A motion by Councilmember Lasman, seconded by Councilmember Niesen to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2003-21 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE RELATING TO THE BROOKLYN CENTER BUILDING CODE: AMENDING BROOKLYN CENTER CITY CODE SECTIONS 3 -101, 3 -102, AND 3 -103 The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Niesen. Councilmember Peppe abstained from the vote. Motion passed. 9d. FRANCHISE FEE ORDINANCES 1. AN ORDINANCE IMPLEMENTING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER DB /A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF BROOKLYN CENTER 12/08/03 -13- DRAFT 2. AN ORDINANCE IMPOSING A NATURAL GAS FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER 3. AN ORDINANCE AMENDING CITY ORDINANCE 97 -09 GRANTING AN ELECTRIC FRANCHISE ON NORTHERN STATES POWER'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER Mr. McCauley iscussed that before the Council are two ordinances that would implement and Y P impose franchise fees for electric and gas operations and one ordinance that would amend the City's Franchise Agreement with Northern States Power (NSP) to reflect what is imposed for the franchise fee. He outlined a PowerPoint presentation that reviewed the proposed flat rate fees and discussed that the monies received from the franchise fees would be used to replace lost Local Government Aid (LGA) and geared to the neighborhood street program. He discussed that later on the agenda would be a resolution requiring a report and review on the franchise fees in February 2005 if the ordinances are adopted; and a resolution allowing the City to enter into agreements with the two utilities regarding treating a business as a single entity. A motion by Councilmember Lasman, seconded by Councilmember Niesen to re -open the Public Hearing. Motion passed unanimously. Mr. Greenwald addressed the Council to express thanks for the extra work done to help with the issue of franchise fees for all of his buildings. Sue Low, Allegra Print and Imaging, addressed the Council to express that she believes more communication is needed for business owners regarding this issue and future issues that involve business owners. Mayor Kragness suggested that she bring that up at the next Chamber meeting. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2003-22 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE IMPLEMENTING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER DB /A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. 12/08/03 -14- DRAFT ORDINANCE NO. 2003-23 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE IMPOSING A NATURAL GAS FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. ORDINANCE NO. 2003-24 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CITY ORDINANCE 97 -09 GRANTING AN ELECTRIC FRANCHISE ON NORTHERN STATES POWER'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. BOND SALES RESOLUTION ACCEPTING OFFER ON SALE OF $5,045,000 GENERAL OBLIGATION POLICE AND FIRE BUILDING REFUNDING BONDS, SERIES 2004A, LEVYING A TAX THEREFOR AND PROVIDING FOR THEIR ISSUANCE RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,470,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004B This item was repositioned to Appearances as item 8a. 10b. RESOLUTION EXPRESSING APPRECIATION TO THE FAMILY OF FORMER BROOKLYN CENTER POLICE CHIEF THOMAS O'HEHIR FOR THEIR DONATION OF $1,000 TO THE POLICE EXPLORER PROGRAM Mayor Kragness read the resolution expressing appreciation to the family of former Brooklyn Center Police Chief Thomas O'Hehir for their donation of $1,000 to the Police Explorer Program. RESOLUTION NO. 2003 -209 Councilmember Peppe introduced the following resolution and moved its adoption: 12/08/03 -15- DRAFT RESOLUTION EXPRESSING APPRECIATION TO THE FAMILY OF FORMER BROOKLYN CENTER POLICE CHIEF THOMAS O'HEHIR FOR THEIR DONATION OF $1,000 TO THE POLICE EXPLORER PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. loc. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF AFTER SCHOOL PROGRAMS Mayor Kragness read the resolution expressing appreciation for the gift of $200 from the Brooklyn Center Lion's Club in support of After School Programs. RESOLUTION NO. 2003 -210 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF AFTER SCHOOL PROGRAMS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10d. RESOLUTION AUTHORIZING MATCHING FUNDS FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT Mr. McCauley discussed that this resolution would accept $19,555 from the 2003 Local Law Enforcement Block Grant Program with the expenditure of matching funds by the City of $2,173 from the Capital and Other Equipment line items of the Police Department Budget. RESOLUTION NO. 2003-211 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING MATCHING FUNDS FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10e. MAYORAL APPOINTMENTS TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION AND PARK RECREATION COMMISSION s 12/08/03 -16- DRAFT Mayor Kragness requested ratification of Lumarie Watkins for the Northwest Hennepin Human Services Council Advisory Commission and Craig Hauger for the Park and Recreation Commission. A motion by Councilmember Lasman, seconded by Councilmember Peppe to ratify Mayoral nominations of Lumarie Watkins for the Northwest Hennepin Human Services Council Advisory Commission and Craig Hauger for the Park and Recreation Commission. Motion passed unanimously. 10L AN ORDINANCE RELATING TO THE LOCATION OF SECONDHAND GOODS DEALERS, PAWNSHOPS, CURRENCY EXCHANGES, TATTOO PARLORS AND BODY PIERCING ESTABLISHMENTS, SAUNAS, AND MASSAGE PARLORS; AMENDING BROOKLYN CENTER CITY CODE SECTIONS 23 -610, 23 -661, 23 -1607, 23 -1709, 23 -2203 AND 23 -2309 Mr. McCauley discussed that a few years ago the Council adopted an ordinance amendment relating to locations of secondhand goods dealers, pawnshop, currency exchanges, and tattoo parlors and body piercing establishments. Saunas were not included in that amendment and this ordinance amendment would add language in Section 23 -1607 regarding sauna restrictions and regulations. Councilmember Lasman asked if there would be any further regulation of permits for saunas. City Attorney Charlie LeFevere discussed that the City already licenses saunas and that there are additional limitations on businesses through that licensing process. A motion by Councilmember Lasman seconded b Councilmember Pe e to y pp approve first reading of ordinance and set second reading and public hearing on January 12, 2004. Motion passed unanimously. log. RESOLUTION AUTHORIZING THE CITY MANAGER OR CITY MANAGER'S DESIGNEE TO ACKNOWLEDGE AND APPROVE APPLICATIONS FOR EXEMPT AND EXCLUDED ORGANIZATIONS TO CONDUCT LAWFUL GAMBLING Mr. McCauley discussed that this resolution would authorize the City Manager or his designee to acknowledge and approve applications for exempt and excluded organizations to conduct lawful gambling if it is determined by the City Manager that applications are in order and applicant is qualified with no reason for denial. If not approved by the City Manager or his designee, an application shall be presented to the Council for consideration. RESOLUTION NO. 2003 -212 Councilmember Lasman introduced the following resolution and moved its adoption: 12/08/0 3 17 DRAFT I RESOLUTION AUTHORIZING THE CITY MANAGER OR CITY MANAGER'S DESIGNEE TO ACKNOWLEDGE AND APPROVE APPLICATIONS FOR EXEMPT AND EXCLUDED ORGANIZATIONS TO CONDUCT LAWFUL GAMBLING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 10h. ADOPT 2004 CITY COUNCIL MEETING SCHEDULE Mr. McCauley discussed that the Council meeting schedule for 2004 continues with Study Sessions /Work Sessions starting t 6:00 .m.• Regular City Council meetings on the second and g P b'u tY g fourth Monday of each month starting at 7:00 p.m.; and schedules several special meetings. A motion by Councilmember Lasman, seconded by Councilmember Peppe to adopt the 2004 City Council meeting schedule. Motion passed unanimously. 10i. RESOLUTION AUTHORIZING STIPULATION WITH XCEL ENERGY AND CENTERPOINT ENERGY REGARDING CASS SCREW MACHINE COMPANY Mr. McCauley discussed this is the resolution that was referred to during the public hearing process regarding franchise fees. This resolution would authorize Cass Screw Machine Company to be treated as a customer with one meter. Councilmember Niesen asked why this is being done for one specific company and what would happen if another company were to fall under these circumstances. Mr. McCauley responded that this operation was functionally one location. In the future the Council may wish to set a standard policy, if there were another company under these circumstances. RESOLUTION NO. 2003 -213 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING STIPULATION WITH XCEL ENERGY AND CENTERPOINT ENERGY REGARDING CASS SCREW MACHINE COMPANY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10j. RESOLUTION REQUIRING REPORT AND REVIEW OF GAS AND ELECTRIC UTILITY FRANCHISE FEES 12/08/03 -18- DRAFT Mr. McCauley discussed this resolution would require a report and review by the Council at the second meeting in February 2005 to review gas and electric utility franchise fees and the operation and advisability of its continuation. The use and future need for street reconstruction funding for purpose of the Council's review of the franchise fee rates would also be considered at that time. RESOLUTION NO. 2003 -214 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION REQUIRING REPORT AND REVIEW OF GAS AND ELECTRIC UTILITY FRANCHISE FEES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10k. RESOLUTION ADOPTING AMENDED SCHEDULE FOR GOLF COURSE LOAN REPAYMENT Mr. McCauley discussed the history of the golf course loan payment. He informed that this resolution would adopt an amended schedule for the golf course loan repayment which would extend the repayment schedule by one year and modifies the payment amounts in 2003 and 2004 to rebuild the fund balance of the golf course. Councilmember Niesen uestioned what would d happen if another year turns bad for the golf course. Mr. McCauley responded that it is uncertain at this time what would happen. RESOLUTION NO. 2003-215 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AMENDED SCHEDULE FOR GOLF COURSE LOAN REPAYMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 101. RESOLUTION AMENDING 2003 GENERAL FUND BUDGET TO PROVIDE FOR AN ADDITIONAL PAYMENT TO PRISM Mr. McCauley discussed that this resolution would amend the 2003 General Fund Budget to provide for an additional payment to PRISM to provide medical transportation for Brooklyn Center residents. He informed that he had received an e -mail from PRISM indicating that they would like to discuss a joint letter from them and the Mayor regarding their services. 12/08/03 -19- DRAFT RESOLUTION NO. 2003-216 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING 2003 GENERAL FUND BUDGET TO PROVIDE FOR AN ADDITIONAL PAYMENT TO PRISM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. IOM. RESOLUTION AUTHORIZING TRANSFER OF $58,000 IN ACCUMULATED DEPRECIATION FROM THE CENTRAL GARAGE FUND TO THE GRANT FUND Mr. McCauley discussed that this resolution would authorize the transfer of $58,000 in accumulated depreciation from the Central Garage Fund to the Grant Fund for the purpose of funding participation in after school programming in 2004 and 2005. RESOLUTION NO. 2003 -217 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING TRANSFER OF $58,000 IN ACCUMULATED DEPRECIATION FROM THE CENTRAL GARAGE FUND TO THE GRANT FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. Ion. RESOLUTION AUTHORIZING PROPOSED USE OF AUTO THEFT PREVENTION GRANT Mr. McCauley discussed that this resolution would authorize the use of previously received Auto Theft Prevention Grant monies to implement the proposed 18 months Auto Theft Prevention. He believes that this will be implemented in January 2004. RESOLUTION NO. 2003 -218 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PROPOSED USE OF AUTO THEFT PREVENTION GRANT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 12/08/03 -20- DRAFT 100. SET SPECIAL CITY COUNCIL MEETING ON DECEMBER 29, 2003, AT 4:00 P.M. Mr. McCauley discussed that there are two liquor license holders who have not applied to renew their liquor licenses for 2004. If the Council wishes to schedule a special meeting on December 29, 2003, there would need to be three members to consider a liquor license. Council discussed. Councilmember Lasman informed that she would be available on December 29, 2003. Mayor Kragness said she would be available and expressed that deadlines need to be considered. Councilmember Niesen informed that she would be willing to set a special session this year to consider the liquor license renewals. A motion by Councilmember Lasman, seconded by Councilmember Peppe to set a Special City Council meeting on December 29, 2003, at 4:00 p.m. Motion passed unanimously. lop. RESOLUTION AMENDING 2003 GENERAL FUND BUDGET TO PROVIDE FOR ADDITIONAL CAPITAL FUNDING Mr. McCauley discussed that this resolution amends the 2003 General Fund Budget to provide for additional capital funding into the Technology Fund and provides that $275,000 shall not be expended from the Technology Fund without the express authorization of the City Council. Also, the sum of $100,000 is authorized for transfer into the Street Construction Fund. RESOLUTION NO. 2003 -219 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING 2003 GENERAL FUND BUDGET TO PROVIDE FOR ADDITIONAL CAPITAL FUNDING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10q. RESOLUTION AMENDING THE 2003 -2004 DEER MANAGEMENT IMPLEMENTATION PLAN Mr. McCauley discussed that this resolution would amend the 2003 -2004 Deer Management Implementation Plan as follows: All deer harvesting will be carried out on weekdays only. Deer harvesting over bait with special Department of Natural Resources permit in January and February is allowed in Palmer Lake Park. Deer harvesting in January and February may occur during the hours of Noon and 7:00 p.m. 12/08/03 -21- DRAFT Mr. McCauley outlined options to adopt the amendment or to defer deer management until fall of S 2004. Councilmember Lasman felt more comfortable with the amended plan since hunting would be over bait. RESOLUTION NO. 2003-220 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2003 -2004 DEER MANAGEMENT IMPLEMENTATION PLAN The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 11. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adj ourn the City Council meeting at 10:05 p.m. Motion passed unanimously. City Clerk Mayor 12/08/03 -22- 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 CITY COUNCIL WORK SESSION DECEMBER 8, 2003 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Work Session and was called to order by Mayor Myrna Kragness at 10:13 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Diane Niesen, and Bob Peppe. Councilmember Kathleen Carmody was absent and excused. Also present: City Manager Michael McCauley and Deputy City Clerk Maria Rosenbaum. PROJECTED YEAR END GENERAL FUND BALANCE City Manager Michael McCauley provided a verbal update on the projected year end general fund balance. DISCUSSION OF ANNUAL CITY MANAGER EVALUATION AND CONTRACT Council discussed and was in consensus of using g the same format for the City Manager's evaluation and contract; and putting this item on the January 12, 2004, Work Session agenda. MISCELLANEOUS Council discussed the traffic signals at Shingle Creek Parkway (by Pep Boys) and 63 Avenue North and Brooklyn Boulevard. Councilmember Niesen informed that she would like an update on the train whistle situation. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the work session at 10:24 p.m. City Clerk Mayor 12/08/03 -1- 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 SPECIAL SESSION DECEMBER 29, 2003 CITY HALL COUNCIL CHAMBERS CALL TO ORDER SPECIAL BUSINESS MEETING The Brooklyn Center City Council met in Special Session and was called to order by Mayor Myrna Kragness at 4:04 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were Assistant City Manager/Director of Operations Curt Boganey, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. RENEWAL LIQUOR LICENSE REF'S SPORTS BAR GRILL, 2545 COUNTY ROAD 10 Assistant City Manager/Director er /Director of Operations Curt Boganey discussed that Ref's Sports tY g p g y p s Bar and Grill had submitted all the requirements for their liquor license renewal. Councilmember Carmody suggested that it be passed on to Ref's Sports Bar and Grill that the Council will not follow this procedure next year and that they will need to provide all required documents on or before the deadline. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve Intoxicating Class B, Sunday, and Special 2 a.m. Liquor Licenses for Ref's Sports Bar Grill, 2545 County Road 10. Motion passed unanimously. INITIAL LIQUOR LICENSE BEST WESTERN BROOKLYN CENTER INN, 1501 FREEWAY BLVD. Mr. Boganey discussed that the owner of Best Western had applied for a liquor license since the closing on a potential sale for conversion to senior housing has not yet occurred. The application is recommended for approval subject to provision of the required insurance certificate. 12/29/03 -1- DRAFT fi J Councilmember Lasman questioned if the sale of this property were to take place in the near future, would the liquor license be refundable. Mr. Boganey responded that he believes there would be a prorated refund issued. A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve Intoxicating Class B, Sunday, and Special 2 a.m. Liquor Licenses for Best Western Brooklyn Center Inn, 1501 Freeway Blvd., subject to receipt of liquor liability insurance certificate on or before December 31, 2003. Motion passed unanimously. DISCUSSION OF APPLEBEE'S WAIVER REQUEST Mr. Boganey discussed the waiver request from Applebee's and asked the City Attorney to review the City's Ordinance. City Attorney Charlie LeFevere outlined Section 11 -7 10 and informed that the ordinance is based on a requirement of State Law. Currently there is no provision that would allow the waiver request from Applebee's; however, the Council could consider a temporary or short-term (30 days) liquor license. The City and Applebee's would not be at risk if the Council were to consider this option; however, enforcing the ordinance could be difficult at the end of the 30 days. Mr. Boganey informed that he had spoken to Mr. Schlesinger from Talisman Companies and that Mr. Schlesinger questioned an extended liquor license and/or if a portion of real estate taxes could be paid for the Applebee's. Mr. Boganey responded that he believed an extension would not be allowable and that the application was approved contingent upon the full payment of real estate taxes due for the parcel. Susan Steinwall and Thomas Archbold, Attorneys from Fredrikson and Byron, addressed the Council to discuss the issue and informed that Applebee's is willing to pay their portion of taxes to the City or the County if that would be acceptable. Ms. Steinwall and Mr. Archbold discussed their lease agreement and the outcome of this matter if the liquor license is not renewed b December 31 2003. q Y Councilmember Peppe informed that he believes the ordinance is clear, regardless if Applebee's pays their portion of taxes. Councilmember Carmody expressed that she had hoped Mr. Schlesinger had paid the real estate taxes and that she believes the Council cannot pass this waiver request. Councilmember Niesen discussed that this matter of past due taxes bothers her and that at this time she would not support granting a waiver. Mayor Kragness expressed that she believes if the Council were to set a waiver it sets precedence. Councilmember Niesen suggested that the Council consider an ordinance amendment in 2004. 12/29/03 -2- DRAFT r ANY ADDITIONAL LIQUOR APPLICATIONS RECEIVED PRIOR TO MEETING WILL BE ADDED PRIOR TO MEETING There were no additional liquor applications. ADJOURNMENT There was a motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the Special City Council meeting at 4:53 p.m. Motion passed unanimously. City Clerk Mayor 12/29/03 -3- DRAFT City Council Agenda Item No. 7b City of Brooklyn Center A Millennium Community REVISED TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: January 9, 2004 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on January 12, 2004. BOWLING ALLEY Earle Brown Bowl Lanes 6440 James Circle North GASOLINE SERVICE STATION B.C. Municipal Garage 6844 Shingle Creek Parkway Brooklyn Amoco Inc. 6044 Brooklyn Boulevard Brooklyn Center Conoco 1505 69 ffi Avenue North Christy's Auto Service 5300 Dupont Avenue North Hark's Company 6501 Humboldt Avenue North Holiday Stationstore 420 66 Avenue North Iten Chevrolet Company 6701 Brooklyn Boulevard Metropolitan Transit 6845 Shingle Creek Parkway Osseo Brooklyn Bus Company 4435 68 Avenue North Perfect Car Wash #504 6849 Brooklyn Boulevard MECHANICAL Total Refrigeration 221 S. Concord Exchange, South St. Paul PUBLIC DANCE Earle Brown Bowl Lanes 6440 James Circle North RENTAL (Please note: All Other calls listed are non -life threatening incidents that are rare in title) Renewal: Beard Ave Apts (6 101 BeardAve) Kenneth Phelan 22 Units 6 Suspicious Activity 4 Medical 3 Assist other jurisdiction 1 Sudden Death 1 Suicide Attempt 19 Disturbing the peace 6 Domestic I Drugs 1 Assault 0 301 Shingle Creek Parkway Recreation and Communit y Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org Page 2 Licenses for Council Approval January 12, 2004 2 Theft 5 Aid and Assist 3 Miscellaneous 4 Vandalism 13 All Other 2 Family Dispute 2 Crime Against Family 4 Burglary 1 Parking Violation 1 Forgery 79 Total Calls 5900 Camden Ave N Patti Zoerb Hoddad 092803 Parking violation 090703 Medical 4201 Lakeside Ave N #206 Germaine Pawelk No Calls 4207 Lakeside Ave N 134 William Linda Bjerke No Calls 4220 Lakeside Ave N Richard Arntson 080803 Driving Violation 061203 Animal Complaint 052703 Animal Complaint 042903 Animal Complaint 6401 Scott Ave N Glen Berscheit 022703 Medical 011303 Aid and Assist 01 1203 Disturbing the Peace 4708 -12 Twin Lake Ave Byron Nancy Mach 4708: 102803 Medical 073003 Medical 4710/12: No Calls 7218 -24 West River Road Arlene Johnson No calls to any unit 6448 Willow Lane Brett Hildreth 082703 Theft Initial: 3613 55 Ave N Muhe Tahiro 042803 All other 3706 55 Ave N Mainsil Services No Calls 4200 65 Ave N Laura Desi Klempay No Calls 4619 66 Ave N Michael Barlow No Calls 542872 nd Circle N Joseph Ditto No Calls Page 2 Licenses for Council Approval January 12, 2004 401 Bellvue Lane N Denita Thomas 041803 Alarm 012603 Alarm 2407 Ericon Drive Gladys Byrd 072603 Medical 053103 Lockout 6804 Fremont Place N Dwight Buckner No Calls 3019 Mumford Road N Morris Matthews 010104 Lost person 101803 All Other Missing adult from a group home 091303 All Other Missing adult from a group home 081903 All Other Missing adult from a group home 080203 All Other (Two calls) 060903 All Other Missing adult from a group home 052503 Lost person 052303 Medical 051503 Lost person 042003 All Other Missing adult from a group home 040903 All Other Missing adult from a group home 032403 All Other Missing adult from a group home 032003 All Other Missing adult from a group home 020303 All Other Missing adult from a group home 6006 Zenith Ave N Keith McConnell No Calls SECONDHAND GOODS DEALER GameStop No. 535 6068 Shingle Creek Parkway GameStop No. 1704 1307 Brookdale #76 SIGN HANGER American Sign Co (dba Eagle Sign) 6313 Cambridge Street, St. Louis Park TOBACCO RELATED PRODUCT B.C. Municipal #1 5625 Xerxes Avenue North B.C. Municipal #2 6930 Brooklyn Boulevard, Suite 2 B.C. Tobacco 6014 Shingle Creek Parkway Brooklyn Amoco Inc. 6044 Brooklyn Boulevard Brooklyn Center Conoco 1505 69` Avenue North Cub Foods 3245 County Road 10 Earle Brown Bowl Lanes 6440 James Circle North Holiday Stationstore 420 66 Avenue North Holiday Pantry Commissary #610 1700 Freeway Boulevard Hark's Company 6501 Humboldt Avenue North Hilton Minneapolis North 2200 Freeway Boulevard King Tut Tobacco 5625 Xerxes Avenue North Perfect Car Wash #504 6849 Brooklyn Boulevard Ref's Sports Bar and Grill 2545 County Road 10 T.G.I. Friday's 2590 Freeway Boulevard Tony's Store 6120 Earle Brown Drive Value Food 6804 Humboldt Avenue North City Council Agenda Item No. 7c MEMORANDUM To: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning S cialist .C(, SUBJECT: Site Performance Guarantee Release DATE: January 6, 2004 The following site performance guarantee being held by the city for the completion of various site improvements should be recommended to the City Council for release: IHOP Restaurant (5601 Xerxes Avenue North) Planning Commission Application No. 2003 -008 Amount of Guarantee $24,000 (Letter of Credit) Obligor Diversified Construction All site improvements and conditions for which a site performance guarantee was posted have been completed with respect to this 2002 project. An as built survey has been submitted to the Engineering Department and other engineering related items have been completed. The City Council had authorized reduction of the original $46,000 financial guarantee to $23,000 on February 24, 2003. Release of the remaining amount was dependent on completion of the final parking lot wear course and other minor improvements. These matters have been addressed and the contractor is seeking release of the financial guarantee based on the completion of all site work. It is recommended that the City Council authorize release of the remaining $23,000 based on completion of this project. City Council Agenda Item No. 7d PROCLAMATION DECLARING WE CARE ABOUT KIDS MONTH WHEREAS, Community Ahead and the Northwest YMCA are hosting the kick -off of WE CAREABOUTKIDSMONTHon Saturday, February 7, 2004, as a free family event to promote youth assets; and WHEREAS, there are 40 development assets identified as the framework for healthy growth in our children, including family support, bonding to school, making good decisions, resolving conflicts, and contributing to community; and WHEREAS, these 40 development assets will be the focus of WrECAREABOUTKIDS MONTHthrough the volunteer efforts of community businesses, resource agencies, and schools; and WHEREAS, it is everyone's responsibility to build assets and help young people reach their potential; and WHEREAS, we encourage all residents of our community to attend the event to build assets while enjoying free entertainment, demonstrations, a student art show, free food, and the fourth annual Youth Asset Builder Role Model Awards on February 7, 2004, from 10:00 a.m. to 4:00 p.m. at the Northwest YMCA in New Hope. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim that we are a City that cares about kids. BE, IT FURTHER RESOLVED, that February 2004, is declared WECAREABOUT KIDS MONTHthroughout the City. Date Mayor Attest: City Clerk City Council Agenda Item No. 7e Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk�`YU/d'Ov(� DATE: January 7, 2004 SUBJECT: An Ordinance Relating to the Licensure of Massage; Amending Brooklyn Center Code Section 23 -1703 On August 26, 2002, an ordinance amendment relating to the licensure of massage was presented to the City Council. Attached are the materials that were included in the agenda packet for that meeting, as well as excerpts from the City Council minutes. The City Council tabled the item to the September 23, 2003, meeting, at which time it was referred back to staff. The business colleges have not communicated with the Police Chief or City Attorney, and since so much time has elapsed, it is recommended that the City Council remove this item from the table and take no action on the ordinance amendment. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org CFpT BROOKLYN CENTER POLICE DEPARTMENT gar: POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Scott Bechthold DATE: August 22, 2002 SUBJECT: Request for Ordinance Amendment, City Code Section 23 -1703 Massage Licensure Last spring, two Brooklyn Center business colleges, High Tech Institute and Globe College, submitted license applications to conduct an instructional program for massage therapy. Both are 600 -hour diploma programs that prepare students for national certification in massage therapy. The curriculum follows the requirements set forth under Minnesota State Statute 146A on Complimentary Alternative Medicine. As part of their curriculum, the schools are requesting an on -site practicum that will give students Sh "ractical experience during lab times. In order to facilitate this lab experience, the school's request to ave a massage clinic that would be open to the public and fees would be charged for a full body massage. In reviewing City Code, 23 -1703, both schools must submit application for licensure to operate a massage establishment. It appears that both schools will have no problem in fulfilling the required license requirements. However, City code requires that all masseurs or masseuses under the business license hold a current and valid massage certificate. This becomes problematic for the student who is unable to meet the criteria of having massage related education, certification or other practical qualifications. I have since spoken with Charlie Lefebvre, Brooklyn Center City Attorney, regarding the issue. Mr. Lefebvre has written an amendment to the ordinance that is attached. The amendment essentially waives certification to a student who is enrolled at a recognized school that holds a massage business license and that the student giving the massage is under direct supervision of the instructor who is a certificate holder. The amendment to the Ordinance is being forwarded to the City Council for first reading. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23r day of September, 2002, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amendment to City Code Section 23- 1703 relating to license and certificate required for massage parlors and message establishments. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 763 -569 -3303 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO THE LICENSURE OF MASSAGE; AMENDING BROOKLYN CENTER CODE SECTION 23 -1703 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center Code Section 23 -1703 is amended to read as follows: Section 23- 1703. LICENSE AND CERTIFICATE REQUIRED. No person shall engage in the business of operating a massage parlor or massage establishment either exclusively or in connection with any other business enterprise without being first duly licensed as provided herein. No person shall engage in or hold himself or herself out as being engaged in the practice of massage nor shall any person administer or practice massage commercially or for hire, or for the exchange of any valuable consideration within the City of Brooklyn Center without first having obtained a certificate as herein provided, except any person who is currently registered by the State Board of Medical Examiners. No business license shall be required for qualified barber shops, hair or beauty salons or for bona fide health clubs; provided, however, that all other requirements of Sections 23 -1700 through 23 -1720 must be met, and all masseurs and masseuses must have certificates. No business license shall be required, and the requirements of Section 23 -1712 need not be met, for a masseur or masseuse, holding a current and valid certificate, to give massages to persons at public places if both the masseur or masseuse and the customer are fully clothed, the place is open to the public and access is not limited to adults, and the massage is limited to the scalp, neck, shoulders arms and backs. No certificate shall be reauired for a student enrolled at a recoenized school eivine massages as oart of his or her course of study. Drovided no compensation is paid to the student for the massaee. the massage is given under the direct sur)ervision of a certificate holder, and the school holds a massaee business license. Section 2. This ordinance shall become effective after adoption and upon thirty (3 -0) days following its legal publication. Adopted this day of .2002. ATTEST: Mayor City Clerk Date of Publication: Effective Date: (Underline indicates new matter; brackets indicate matter to be deleted.) RESOLUTION NO. 2002-113 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A CONDEMNATION AND SETTLEMENT AGREEMENT, TWIN LAKES BUSINESS PARK LLC, TWIN LAKES II, LLC, TWIN LAKES III, LLC, JOSLYN MANUFACTURING, LLC, AND THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 11e. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 2002 -15, 2002 SEALCOAT Mr. McCauley discussed this resolution would close out the contract for sealcoat Improvement Project No. 2002 -15. RESOLUTION NO. 2002-114 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 2002-15, 2002 SEALCOAT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. llf. AN ORDINANCE RELATING TO THE LICENSURE OF MASSAGE; AMENDING BROOKLYN CENTER CODE SECTION 23 -1703 Mr. McCauley discussed that the Police Chief and City Attorney had prepared an ordinance relating to the licensure of massage. The Minnesota School of Business presented the City Council some changes that they would like to see with the proposed ordinance. Mr. McCauley suggested that the Council table this item to the September 23, 2002, meeting. A motion by Councilmember Nelson, seconded by Councilmember Ricker to table this item to the September 23, 2002, meeting. Motion passed unanimously. 11g. MINNESOTA JUVENILE JUSTICE GRANT: PEACEMAKERS Mr. McCauley discussed, as indicated in the materials, the City had received a grant application request from the Brooklyn Peacemakers for Federal funding through the Minnesota Department of Economic Security, Office of Youth Development. This grant requires local government agencies to apply and receive the funding. 18C 08/26/02 -8- DRAFT Dr. Johns submitted a letter today regarding their position. He informed the Council that neither party are as far as they would like to be and that until an agreement is acceptable, the work will not take place. Councilmember Lasman discussed that she believes that the School District and City staff are on track and encouraged both parties to continue working together to resolve the issues. Councilmember Nelson asked if the groundbreaking ceremony that is planned for September 24, 2002, was going forward. Dr. Johns addressed the Council and informed that the groundbreaking ceremony will continue at 9:30 a.m. on September 24, 2002. 10L RESOLUTION AMENDING 2002 PAY PLAN AND CONTINUING INTERIM ENGINEERING ARRANGEMENTS Mr. McCauley discussed the proposed amendments to the pay plan and reviewed the Council packet materials, and engineer arrangements to be implemented. Councilmember Ricker questioned if there will need to be any consulting with the proposed changes. Mr. McCauley discussed there may need to be some consulting in the future and that the savings from the proposed changes could be allocated for that purpose, but overall the reorganization will reduce costs significantly. RESOLUTION NO. 2002 -136 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING 2002 PAY PLAN AND CONTINUING INTERIM ENGINEERING ARRANGEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. log. AN ORDINANCE RELATING TO THE LICENSURE OF MASSAGE; AMENDING BROOKLYN CENTER CODE SECTION 23 -1703 Mr. McCauley discussed that this matter needs to be referred back staff. The Police Chief and City Attorney continue to work on the amendment. A motion by Councilmember Lasman, seconded by Councilmember Nelson to refer this matter back to staff. Motion passed unanimously. 6 C 09/23/02 -11- City Council Agenda Item No. 7f ��pOKLYN CEI&V BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager -FROM: Scott Bechthold, Chief of Police DATE: December 9, 2003 SUBJECT: Firearms Donation The Brooklyn Center Police Department would like to donate 28 weapons, primarily firearms, to the Skills Program at the Center for Criminal Justice and Law Enforcement in St. Paul, MN. These weapons were already approved for destruction. All but five firearms will be rendered safe and non functional. One shotgun and four Glock semi automatic handguns s will be used for firearms training. The other weapons will be used by staff to familiarize law enforcement students with various types of weapons they may encounter in their duties. The following is a list of the weapons that will be rendered safe: Highpoint 9 MM Pistol Walther .380 ACP Highpoint .22 cal. Pistol Ortkes 9 MM Pistol S &W Mdl. 64 Revolver Davis 9 MM Derringer Intratec 9 MM Pistol Kimmel 20 Ga. Shotgun (2) High Standard .22 cal. Pistols HK USP .45 cal Pistol S &W 9MM Pistol Highpoint .45 cal Pistol S &W Mdl. 19 Revolver Butler .22 cal Pistol Jennings .22 cal Pistol Home made .22 cal Revolver H &S .22 cal Revolver H &R .32 cal Pistol Home made 12 ga. Shotgun Palmetto 12 ga. Shotgun Small Sword M10 Bayonet I The following weapons will used during firearms training: 3 Glock mdl. 17 9MM Pistols 1 Glock mdl. 19 9MM Pistol 1 Remington 12 ga. Shotgun Thank you for your consideration in this matter. SB/sdr City Council Agenda Item No. 7g Member introduced the followin g resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2004 -06, CONTRACT 2004 -C, 73" AVENUE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS AND APPROVING AN AGREEMENT WITH THE CITY OF BROOKLYN PARK FOR CONTRACT ADMINISTRATION WHEREAS, the City's Capital Improvements Program identifies 73 Avenue North between Humboldt Avenue and Penn Avenue for reconstruction in 2004; and WHEREAS, the City Council has reviewed the scope of proposed improvements for the reconstruction of said segment of 73 Avenue North; and WHEREAS, the City Council desires to work cooperatively with the City of Brooklyn Park to construct public improvements along 73 Avenue, which borders both communities; and WHEREAS, an agreement has been developed to provide for the cooperative administration, planning, engineering, cost sharing and construction administration for the project; and WHEREAS, the City Council desires to begin the process of information gathering, preliminary design and solicitation of public comments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project No. 2004 -06, 73 Avenue Street, Storm Drainage, and Utility Improvements, is hereby established. 2. The Mayor and City Manager are hereby authorized and directed to enter into an agreement with the City of Brooklyn Park, in the name of the City of Brooklyn Center, for Improvement Project No. 2004 -06. 3. Staff is directed to begin field work and preliminary design, contact property owners in the neighborhood to obtain comments and input, and hold public informational meetings for property owners in the neighborhood where improvements are proposed. 4. Estimated project costs and revenues for the above stated work are as follows: COST AMOUNT Sewer Televising and Geotechnical 6,000 Engineering Surveying $18.000 Estimated costs $24,000 RESOLUTION NO. REVENUES AMOUNT Sanitary Sewer Utility Fund 5,400 Water Utility Fund 5,800 Storm Sewer Utility Fund 5,200 Street Construction Fund 7,600 Estimated Revenues $24,000 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. Cpy o! MEMORANDUM 'OROOxL7'N CENTER DATE: January 6, 2004 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2003 -13, Contract 2003 -E, 2003 Seal Coating On August 11, 2003, the City Council awarded Contract 2003 -E to Allied Blacktop Company of Maple Grove, Minnesota to perform 2003 street maintenance seal cost activities for the City of Brooklyn Center. This work included the placement of chip seal surface treatment to the northwest segment of Shingle Creek Parkway and the Orchard Lane East Neighborhood Reconstruction Area located west of Brooklyn Blvd and north of 63 Avenue. Allied Blacktop Company has completed all work under the contract on schedule, within budget, and with acceptable quality of the finished product. Attached for consideration is a City Council resolution accepting the work performed and authorizing final payment in the amount of $98,138.00 for the 2003 Seal Coating Contract. 73RD PR0%.EC AREA CITY OF BROOKLYN PARK END PROJECT BEGIN PROJECT I I I 73RD AVE. N. z 2 z z z z EAST I Q� 7242 7242 724 3 '7243 7242 7243 7242 7243 7242 7243 7242 1511 1501 7240 n 7236 7237 7236 7237 a 1 7236 7237 a Q 1711 1705 1619 1613 1607 1601 1521 Q L I V I E R Z �I 7236` 7237 I z I z 7236 7237 O 7227 p 7234 LAKE I 1 �ff O Y J -.PARK z 0 J AGREEMENT FOR THE ADMINISTRATION AND DIVISION OF COST FOR GRADING, BITUMINOUS PAVING, CURB AND GUTTER, STORM DRAIN AND OTHER RELATED IMPROVEMENTS 73" AVENUE NORTH (HUMBOLDT AVENUE NORTH TO PENN AVENUE NORTH) AGREEMENT, made and entered into this day of 2004 and between the City of Brooklyn Center, Min iesota, a municipal corporation, hereinafter called "Brooklyn Center and the City of Brooklyn Park, Minnesota, a municipal corporation, hereinafter called 'Brooklyn Park WHEREAS, Brooklyn Park and Brooklyn Center share a common boundary street between Humboldt Avenue North and Penn Avenue North; said boundary street being known as 73 Avenue North; and WHEREAS, both Brooklyn Park and Brooklyn Center desire grading, bituminous paving, curb and gutter, storm drain, and other related improvements of said 73 Avenue; and WHEREAS, "Improvement" as stated in this agreement shall refer to all 73 Avenue North street and utility improvements, including project development, preliminary and final engineering, administration, construction, inspection, and all other cost and work items described herein; and WHEREAS, Minnesota Statutes Chapter 471.59 provides that municipalities may enter into a joint powers agreement providing for the division of costs for such improvements; and WHEREAS, total improvement costs shall be shared by Brooklyn Center and Brooklyn Park in accordance with the terms of Section B of this agreement. NOW, THEREFORE, IT IS AGREED, by the City Council of the City of Brooklyn Center and the City Council of the City of Brooklyn Park that: SECTION A PROJECT SUMMARY 1. Improvement and financing shall be performed in accordance with the terms of this agreement, the requirements of Minnesota Statutes Section 429, and each City's respective codes, policies, and regulations. 2. Brooklyn Park and Brooklyn Center agree to mutually develop a preliminary design and conduct informational meetings for public review, input, and comment. 3. Surveys, data, collection, and preparation of plans for preliminary design shall be performed by the City of Brooklyn Park in accordance with the tenns of Section B. 4. Upon review and approval of a preliminary design by the appropriate staff of each city, a completion of final design (including the preparation of plans and specifications) shall be performed by Brooklyn Park in accordance with the teens of Section B. 5. Plans and specifications shall be approved by the City Council of Brooklyn Center and City Council of Brooklyn Park prior to releasing an advertisement for bids. Contract award to the lowest responsible bidder will be conducted by the City Council of the City of Brooklyn Park, only upon written approval by Brooklyn Center. 6. Construction engineering, including bid openings, contract administration, other agency submittals, staking and inspection, and contract management shall be performed by the City of Brooklyn Park in accordance with the teens of Section B. 7. Final contract payment shall occur only after final acceptance of improvements by the City Council of the City of Brooklyn Park and the City Council of the City of Brooklyn Center. 8. Brooklyn Park shall invoice Brooklyn Center for reimbursement of Brooklyn Center's share of improvement costs in accordance with this agreement. SECTION B COST ALLOCATION 1. All project costs shall be shared 50 per cent each by Brooklyn Center and Brooklyn Park unless stated otherwise in this agreement. Brooklyn Center and Brooklyn Park shall fund each of their cost obligations in accordance with State of Minnesota Statutes Chapter 429, and each City's respective policies and regulations. 2. All improvennent costs for the replacement or upgrade of sanitary sewer main or water main distribution facilities shall be the responsibility of the utility owner (Brooklyn Center). The cost of private service line connections and /or related service line improvements to private properties shall be the responsibility of the respective City, or respective City's property owner in accordance with that particular City's policy. 3. All street, stone sewer, street lighting, and any other improvement costs (except as otherwise stated) shall be shared 50 per cent each by Brooklyn Center and Brooklyn Park. Improvement costs shall include, but not be limited to the following: Surveys and data collection, preparation of drawings and exhibits, preliminary and final design, preparation of plans and specifications, contract administration, administrative and legal costs, consulting engineering fees as needed, private utility costs, testing, and all contract construction costs. 4. Upon award of a contract, Brooklyn Park shall invoice Brooklyn Center for their share of all costs incurred prior to said award. 5. Project cost administration shall be performed by Brooklyn Park including payments to the contractor. Brooklyn Park shall invoice Brooklyn Center for their share of payments made to the contractor at the time each payment is made. 6. Brooklyn Center agrees to pay any invoices received in accordance with this agreement within 30 days. SECTION C MAINTENANCE RESPONSIBILITIES 1. Maintenance and upkeep of the improvement roadway and facilities shall be in accordance with existing policies and responsibilities 111 place prior to construction of the improvements. IN TESTIMONY WHEREOF, the City of Brooklyn Park has caused these presents to be executed the day and year first above written. Mayor of Brooklyn Park City Manager of Brooklyn Park IN TESTIMONY WHEREOF, the City of Brooklyn Center has caused these presents to be executed the day and year first above written. Mayor of Brooklyn Center City Manager of Brooklyn Center This document was prepared by: Engineering Department, City of Brooklyn Park s City Council Agenda Item No. 7h ORDINANCE NO. ORDINANCE AMENDING THE LEGAL DESCRIPTION FOR VACATING A PORTION OF RIGHT OF WAY: SHINGLE CREEK PARKWAY SOUTH OF 69 AVENUE NORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The City of Brooklyn Center has an easement for public street purposes over the following described lands, all of which are contained within the public street known as Shingle Creels Parkway: All those parts of Shingle Creek Parkway lying within; the Northeast Quarter of the Northeast Quarter of Section 34, Township 119, Range 21, and Government Lot 1 of Section 35, Township 119, Range 21, as dedicated in the plats of TWIN CITIES INTERCHANGE PARK, and EARLE BROWN FARM TOWNHOMES, Hennepin County, Minnesota, lying southwesterly of Tract D, Tract J, and Tract K of REGISTERED LAND SURVEY NO 1499, Hennepin County, Minnesota, and southeasterly of the southeasterly right of way line of 69`" Avenue North (formerly HCSAH No. 130, Plat 27), and northeasterly of Lot 29, Block 1, said EARLE BROWN FARM TOWNHOMES, and northeasterly of the following described line: Beginning at the most westerly corner of Tract G, said REGISTERED LAND SURVEY NO. 1499, said corner being a point of curvature on the south line of said Tract D; thence North 63 degrees 00 minutes 00 seconds West, assumed bearing along said south line of said Tract D, a distance of 672.89 feet; thence northwesterly, along a tangential curve concave to the northeast, said curve has a central angle of 13 degrees 12 minutes 41 seconds and a radius of 1204.04 feet, a distance of 277.63 feet,; thence North 49 degrees 47 minutes 19 seconds West, tangent to last described curve, a distance of 162.32 feet; thence northwesterly along a tangential curve, concave to the southwest, said curve has a central angle of 7 degrees 07 minutes 40 seconds, and a radius of 750.15 feet, a distance of 93.32 feet to a northeast line in said Lot 29, Block 1, EARLE BROWN FARM TOWNHOMES, and line there terminating. Section 2. The above described street is hereby vacated, provided, however, that a drainage and utility easement is retained and reserved within the area of the public street so vacated. Section 3. Notwithstanding the legal description provided above, it is the express intent of the City not to vacate any street or utility easements dedicated to the public in the plat of WIRTH ADDITION, as approved by Resolution No. 2003 -143 on September 22, 2003. I ORDINANCE NO. Section 3. The legal description for the above described street shall supersede the legal description in Section 1 of City Ordinance No. 2003 -13. Section 4. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2004. Mayor ATTEST: City Clerk Date of Publication Effective Date X.HRO(OKLYN ty of MEMORANDUM TER DATE: January 6, 2004 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Ordinance Amending the Legal Description for Vacating a Portion of Street Right of Way: Shingle Creek Parkway South of 69 Avenue North On September 22, 2003, the City Council approved Ordinance 2003 -13, which provided for the vacation of a portion of Shingle Creek Parkway south of 69 Avenue. The vacated area includes the easterly portion of street right -of -way that was formerly used for a section of Shingle Creek Parkway before it was relocated in 1994. The vacated right -of -way is to be incorporated into Lot 2, Block 1 of the Final Plat for Wirth Addition upon completion of the associated land divisions. Because the adjacent land is torrens, the developer was required to make application to the Hennepin County Examiner of Titles to have the vacated right -of -way added to the certificate of title for lands within the Wirth Addition Plat. The Examiner of Titles requested that the legal description used for the right -of -way vacation ordinance be amended to clarify the current alignment of Shingle Creek Parkway and correct a minor typographical error in the township number. The developer's surveyor has addressed the issue by submitting a revised legal description including the amendments as requested by the Examiner of Titles. It is important to note that the portion of right -of -way being vacated is not changing. The revised legal description provides some additional detail as to the description of the boundary for the vacated area and corrects the above referenced typographical error. Attached for City Council consideration is an Ordinance amending the legal description for Ordinance 2003 -13. The proposed change is technical and clerical in nature and does not substantively change the action taken by the Council on September 22, 2003. The City Attorney has indicated that, under those circumstances, the Council may approve the proposed ordinance without repeating the public hearing for the street vacation and without the normal first and second reading. The ordinance, once adopted, is required to be published. rC I 853• _l,J 1 �'e L J Vacation Sketch 57_ l WIRTH nCOMPANIES 6 15 2 Avenue South j Minneapolis, MN 55402 1 r a 1� I I I I r I I 640 PROPOSED VACATION DESCRIPTION N I i I ._843- 1 All there the o Shingle Creek Parkway lying within; the Northeast $Sr 29 l I I I I I I .�g42�'" Quarter of the Northeast puorter of Section 34, Townrhip 119, Range 21, and Government Lot 1 of Section 35, Township 119, Range 21, as dedicated In the plate of TWIN CITIES INTERCHANGE PARK, and EARLE BR0 FAR TONNHOMES, Hennepin County, Minnesota, lytn9 71' e 'Q4 1M! southwester) of Tract D, Tract J. and Tract K of REGISTERED LAND �T SURVEY 1 Hennepin County, Minnesota, and southeasterly of I I �a the eouthe heaeterly erly right of way line of 69th Avenue North (formerly HCSAH s I the No. 130, Plat 27), and northeasterly Lot 2 Beck 1, said EARLE BROWN FARM TOWNHOMES. and northeasterly of f the following I I I dsedescribed EARLdescribed line: 4 sly �N t �'��"t7)t� It. JIr� J �g 7 V Lj 1 1 V I V I� 1` I L L/ I 1 I Beginning at the mast westerly of Tract G, said REGISTERED r l L d LAND SURVEY NO. 1499, said co comer mer being a point of curvature on 9 3 �Y� J 1 t the south line of said Tract D; thence North 63 degrees 00 minutes y 00 nsccnds West, assumed bearing along said south IIna of sold I✓ i r r �p Tract D, a distance of 872.89 feet; thence northwesterly, along a r T tanymtid ourve concave to the northeast,- sold curve has a central �i L_ V' I v angle o! 13 degrees 12 minutes 41 seconds and a radius of 1204.04 feet, a distance of 277.63 feet,; thence North 49 degrees 47 minutes 19 eaconds We t. tangent to last described curve, a /�J Q ��c,,,a a distance of 182.32 feet; thence northwesterly along a tangential curve, concave to the southwest, sold curve has a central angle of J t 7 degrees 07 minutes 40 seconds, and a radius of 750.15 feet, a c la y I distance of 93.32 feet to a northeast line In sold Lot 29, Block 1, v EARLE BROWN FARM TOWNHOMES, and line there terminating tt f 1 hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that 1 am a duly Land Surveyor under the laws s Sta NORTH �i�LLL.✓✓✓ I wn Kurt M. Kisch, MN License No. 23968 exbting tohouse January Is 4 0 t 004 0 60 6 2 e� SCALE IN FEET Drewing File: 2002 525 -721aWa L. L I A Project No. 2002 -525 -L Duluth, MN H am Lake. MN Hlbbin`. MN R K Minnetonka. MN Phone: (952) 933 -0972 Fa:: (952) 933 -1153 g49 www.rlk— kuusbto.com 1 \�t 6110 Blue Circle Dr.- Suite #100 Minnetonka, MN 55343 City Council Agenda Item No. 7i Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk OWM_*(YIAL� DATE: January 8, 2004 SUBJECT: Resolution Designating Official Newspaper Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circulation in the City as its official newspaper. Minnesota Sun Publications has once again requested the City Council to designate Brooklyn Center Sun -Post to be the official newspaper for 2004. Brooklyn Center Sun Post meets all necessary requirements for designation. The attached resolution designates the Brooklyn Center Sun -Post as the official newspaper for the City of Brooklyn Center for the year 2004 Attachments: Resolution Designating Official Newspaper Minnesota Statutes Chapter 331A Letter from Sun Newspapers 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter and Minnesota Statutes Section 412.831 requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun -Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun -Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun -Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 2004. 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. Page 1 of 9 Minnesota Statutes 2003, Chapter 331A. Copyright 2003 by the Office of Revisor of Statutes, State of Minnesota. 1A. 01 331A.01 Definitions. Subdivision 1. Scope. As used in sections 331A.01 to 331A.11, the terms defined have the meanings given them except as otherwise expressly provided or indicated by the context. Subd. 2. Known office of issue. "Known office of issue" means the principal office maintained by the publisher or managing officer during a newspaper's regular business hours to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office, and devoted primarily to business related to the newspaper. A newspaper may have only one known office of issue. Subd. 3. Local public corporation. "Local public corporation" means a county, municipality, school district, or any other local political subdivision or local or area district, commission, board, or authority. Subd. 4. Municipality. "Municipality" means a home rule charter or statutory city or town. Subd. 5. Newspaper. "Newspaper" means a publication issued regularly by the same person or corporation, or a successor, whether the name of the publication is the same or different. Subd. 6. Proceedings. "Proceedings" means the stance of all official actions taken by the governing body of ocal public corporation at any regular or special meeting, and at minimum includes the subject matter of a motion, the persons making and seconding a motion, the roll call vote on a motion, the character of resolutions or ordinances offered, including a brief description of their subject matter, and whether defeated or adopted. Subd. 7. Public notice. "Public notice" means every notice required or authorized by law or by order of a court to be published by a qualified newspaper, and includes: (a) every publication of laws, ordinances, resolutions, financial information, and proceedings intended to give notice in a particular area; (b) every notice and certificate of election, facsimile ballot, notice of referendum, notice of public hearing before a governmental body, and notice of meetings of private and public bodies required by law; and (c) every summons, order, citation, notice of sale or other notice which is intended to inform a person that the person may or shall do an act or exercise a right within a designated period or upon or by a designated date. (d) this subdivision contains no independent requirement for the publication of any public notice. Subd. 8. Qualified newspaper. "Qualified newspaper" s a newspaper which complies with all of the provisions of ion 331A.02. The following terms, when found in laws erring to the publication of a public notice, shall be taken to mean a qualified newspaper: "qualified legal newspaper," "legal newspaper," "official newspaper," "newspaper," and "medium of official and legal publication." http: /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl 1/6/2004 Page 2 of 9 Subd. 9. Secondary office. "Secondary office" means an office established by a newspaper in a community other than that in which its known office of issue is located, in the same or an adjoining county, to enhance its coverage of and service 0 that community, open on a regular basis to gather news and 1 advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office, and devoted primarily to business related to the newspaper. Subd. 10. Summary. "Summary" means an accurate and intelligible abstract or synopsis of the essential elements of proceedings, ordinances, resolutions, and other official actions. It shall be written in a clear and coherent manner, and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a designated location. A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized had been published. No liability shall be asserted against the local public corporation in connection with the publication of a summary or agenda. HIST: 1984 c 543 s 20; 1986 c 444 331A.02 331A.02 Requirements for a qualified newspaper. Subdivision 1. Qualification. No newspaper in this state shall be entitled to any compensation or fee for publishing any public notice unless it is qualified as a medium official and legal publication. A newspaper that is not lified must inform a public body that presents a public notice for publication that it is not qualified. To be qualified as a medium of official and legal publication, a newspaper shall: (a) be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches, or 800 square inches if the local public corporation the newspaper purports to serve has a population of under 1,300 and the newspaper does not receive a public subsidy; (b) if a daily, be distributed at least five days each week, or if not a daily, be distributed at least once each week, for 50 weeks each year. In any week in which a legal holiday is included, not more than four issues of a daily paper are necessary; (c) in at least half of its issues each year, have no more than 75 percent of its printed space comprised of advertising material and paid public notices. In all of its issues each year, have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the community which it purports to serve. Not more than 25 percent of its total nonadvertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news services; d) be circulated in the local public corporation which it orts to serve, and either have at least 500 copies regularly ivered to paying subscribers, or 250 copies delivered to paying subscribers if the local public corporation it purports to serve has a population of under 1,300, or have at least 500 copies regularly distributed without charge to local residents, http://www.revisor.leg.state.nin.us/egi-bin/getstatchap.pl 1/6/2004 Page 3 of 9 or 250 copies distributed without charge to local residents if the local public corporation it purports to serve has a population of under 1,300; (e) have its known office of issue established in either county in which lies, in whole or in part, the local public poration which the newspaper purports to serve, or in an adjoining county; (f) file a copy of each issue immediately with the State Historical Society; (g) be made available at single or subscription prices to any person, corporation, partnership, or other unincorporated association requesting the newspaper and making the applicable payment, or be distributed without charge to local residents; (h) have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i) between September 1 and December 31 of each year publish a sworn United States Post Office periodicals -class statement of ownership and circulation or a statement of ownership and circulation verified by a recognized independent circulation auditing agency covering a period of at least one year ending no earlier than the June 30 preceding the publication deadline. When publication occurs after December 31 and before July 1, qualification shall be effective from the date of the filing described in paragraph (j) through December 31 of that year; and (j) after publication, submit to the secretary of state by December 31 a filing containing the newspaper's name, address of its known office of issue, telephone number, and a statement is t it has complied with all of the requirements of this tion. The filing must be accompanied by a fee of $25. The secretary of state shall make available for public inspection a list of newspapers that have filed. Acceptance of a filing does not constitute a guarantee by the state that any other qualification has been met. Subd. 2. Earlier qualification. Newspapers which have been qualified, on May 20, 1965, as mediums of official and legal publication shall remain qualified only if they meet the requirements of subdivision 1, except as follows: (a) If on May 20, 1965, any newspaper is a qualified medium of official and legal publication but is printed in a foreign language, or in English and a foreign language, and otherwise qualifies as a medium of official and legal publication pursuant to the requirements of subdivision 1, it shall be a medium of official and legal publication so long as it otherwise qualifies pursuant to the requirements of subdivision 1. (b) If on May 20, 1965, any newspaper has been circulated in and near the municipality which it purports to serve to the extent of at least 240 but less than 500 copies regularly delivered to paying subscribers and otherwise qualifies as a medium of official and legal publication pursuant to the requirements of subdivision 1, it shall be a medium of official and legal publication so long as at least 240 copies are regularly so circulated and delivered and it otherwise qualifies pursuant to the requirements of subdivision 1. Subd. 3. Publication; suspension; changes. The IF owing circumstances shall not affect the qualification of a newspaper, invalidate an otherwise valid publication, or invalidate a designation as official newspaper for publication of county board proceedings. http://www.revisor.leg.state-nm.us/cgi-bin/getstatchap.pl 1/6/2004 Page 4 of 9 (a) Suspension of publication for a period of not more than three consecutive months resulting from the destruction of its known office of issue, equipment, or other facility by the elements, unforeseen accident, or acts of God or by reason of a labor dispute. (b) The consolidation of one newspaper with another published in the same county, or a change in its name or ownership, or a temporary change in its known office of issue. (c) Change of the day of publication, the frequency of publication, or the change of the known office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to maintain its known office of issue in the county, shall deprive a newspaper of its standing as a medium of official and legal publication until the newspaper again becomes qualified pursuant to subdivision 1. Subd. 4. Declaratory judgment of legality. Any person interested in the standing as a medium of official and legal publication of a newspaper, may petition the district court in the county in which the newspaper has its known office of issue for a declaratory judgment whether the newspaper is qualified as a medium of official and legal publication. Unless filed by the publisher, the petition and summons shall be served on the publisher as in other civil actions. Service in other cases shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside shall be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act and the rules of civil a edure shall apply to the action. HIST: 1984 c 543 s 21; 1985 c 174 s 1; 1Sp1985 c 13 s 315; 1987 c 30 s 1; 1987 c 286 s 1; 1988 c 682 s 42; 1990 c 395 s 1; 1991 c 205 s 17; 1997 c 137 s 13; 2001 c 38 s 1 331A.03 331A.03 Where notice published. Subdivision 1. Generally. Except as provided in subdivision 2, a public notice shall be published in a qualified newspaper, and except as otherwise provided by law, in one that is likely to give notice in the affected area or to whom it is directed. When a statute or other law requires publication in a newspaper located in a designated municipality or area and no qualified newspaper is located there, publication shall be made in a qualified newspaper likely to give notice unless the particular statute or law expressly provides otherwise. If no qualified newspaper exists, then publication is not required. Subd. 2. Exception; certain cities of the fourth class. A public notice required to be published by a statutory or home rule charter city of the fourth class located in the metropolitan area defined in section 473.121, subdivision 2, is not required to be published in a qualified newspaper if there is no qualified nondaily newspaper of general circulation in the city, provided the notice is printed in a newsletter or similar printed means of giving notice that is prepared by the city and either mailed or delivered to each household in the city. 0 1A IST: 1984 c 543 s 22; 1991 c 53 s 1 .04 331A.04 Designation of a newspaper for official publications. http. /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl 1/6/2004 Page 5 of 9 Subdivision 1. Priority. The governing body of any local public corporation, when authorized or required by statute or charter to designate a newspaper for publication of its official proceedings and public notices, shall designate a newspaper which is a qualified medium of official and legal �lication in the following priority. Subd. 2. Known office in locality. If there are one or more qualified newspapers, the known office of issue of which are located within the local public corporation, one of them shall be designated. Subd. 3. Secondary office in locality. When no qualified newspaper has a known office of issue located in the local public corporation, but one or more qualified newspapers maintain a secondary office there, one of them shall be designated. Subd. 4. General circulation in locality. When no qualified newspaper has its known office of issue or a secondary office located within the local public corporation, then a qualified newspaper of general circulation there shall be designated. Subd. 5. Other situations. If a local public corporation is without an official newspaper, or if the publisher refuses to publish a particular public notice, matters required to be published shall be published in a newspaper designated as provided in subdivision 4. The governing body of a local public corporation with territory in two or more counties may, if deemed in the public interest, designate a separate qualified newspaper for each county. Subd. 6. Exception to designation priority. (a) Notwithstanding subdivisions 1 to 3, the governing body of a O al public corporation may designate any newspaper for lication of its official proceedings and public notices, if te following conditions are met: (1) the newspaper is a qualified medium of official and legal publication; (2) the publisher of the newspaper furnishes a sworn statement, verified by a recognized independent circulation auditing agency, covering a period of at least one year ending no earlier than 60 days before designation of the newspaper, stating that the newspaper's circulation reaches not fewer than 75 percent of the households within the public corporation; (3) the newspaper has provided regular coverage of the proceedings of the governing body of the local public corporation and will continue to do so; and (4) the governing body votes unanimously to designate the newspaper. (b) If the circulation of a newspaper designated under this subdivision falls below 75 percent of the households within the public local corporation at any time within the term of its designation as official newspaper, its qualification to publish public notices for the local public corporation terminates. HIST: 1984 c 543 s 23; 2003 c 59 s 1 331A.05 331A.05 Form of public notices. Subdivision 1. English language. All public notices shall be printed or otherwise disseminated in the English language. http: /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl 1/6/2004 Page 6 of 9 Subd. 2. Time of notice. Unless otherwise specified by a particular statute, or by order of a court, publication of a public notice shall be as follows: (a) the notice shall be published once; fu (b) if the notice is intended to inform the public about a ture event, the last publication shall occur not more than 14 days and not less than seven days before the event; (c) if the notice is intended to inform the public about a past action or event, the last publication shall occur not more than 45 days after occurrence of the action or event. Subd. 3. Type face. Except as otherwise directed by a particular statute requiring publication of a public notice, a public notice shall be printed in a type face no smaller than six point with a lowercase alphabet of 90 point. Larger type faces may be used. Subd. 4. Title or caption. Every public notice shall include a title or caption in a body type no smaller than brevier or eight point referring to the content of the notice. Larger type faces may be used. Subd. 5. Local options. The governing body of a local public corporation may, to better inform the public, increase the frequency of publication of a public notice beyond the minimum required by a particular statute. It may use forms and styles for the notice as it deems appropriate, including the use of display advertisements and graphics. It may publish or disseminate the notice in other newspapers in addition to the newspaper required to be designated under section 331A.04. Regardless of whether a particular statute specifies "legal notice," "public notice, "notice," or uses similar terms, the erning body may use whatever form for the published notice t it deems appropriate in order to adequately inform the public, subject to the requirements of sections 331A.01 to 331A.11. Nothing in the foregoing provisions of this subdivision shall require the governing body of a local public corporation to use the options described. Subd. 6. Conflict of laws. Nothing in this section shall invalidate or affect any statutory or charter provision imposing additional or special qualifications for publication of particular notices or proceedings. Subd. 7. Errors in publication. If through no fault of the local public corporation, an error occurs in the publication of a public notice, the error shall have no effect on the validity of the event, action, or proceeding to which the public notice relates. HIST: 1984 c 543 s 24; 1997 c 56 s 1 331A.06 331A.06 Fees for publication. Subdivision 1. The maximum rate charged for publication of a public notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears, and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. 0 ubd. 2. Fees for.publication. Notwithstanding ivision 1, no newspaper may increase its rates for pu lication of public notices by more than ten percent per year, as compared to the maximum rate actually charged by the newspaper in the previous year for publication of public notices, and in any case the new rate shall not exceed the rate http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 1/6/2004 Page 7 of 9 described in subdivision 1. Nothing in this section shall be interpreted to mean that such an increase is required. Subd. 3. When the governing board of a local public corporation awards a contract for the publication of public q ices based on competitive bidding, the rate established by competitive bidding shall be the rate charged for lication of the public notices. Subd. 4. When a statute refers to publication of a public notice at the legal rate the maximum rate shall be as provided in this section. HIST: 1984 c 543 s 25; 1985 c 174 s 2; 1994 c 465 art 2 s 18 331A.07 331A.07 Affidavit of publication. No compensation shall be recoverable for publishing legal or official matter in any newspaper not qualified, until there is filed with the county auditor the affidavit of a person having knowledge of the facts, showing the name and location of the newspaper and the existence of conditions constituting its qualifications as a qualified newspaper as set forth in section 331A.02. If the matter published relates to proceedings in another county, a like affidavit must be filed with its auditor. The affidavit, if it states the required facts, shall be prima facie evidence of them and of the qualification. No compensation shall be recoverable for publishing legal or official matter in any newspaper unless the bill is accompanied by an affidavit of the publisher of the newspaper or the publisher's designated agent, having knowledge of the facts, setting forth the fact that the newspaper has complied with all the requirements to constitute a legal newspaper. The affidavit must set forth the dates of the month and year and the day of week upon which the legal or official matter was published the newspaper. The affidavit must also include the publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to section 331A.06, the maximum charge allowable by law for the publication of the specific legal or official matter in question, and the rate actually charged for that publication. HIST: 1984 c 543 s 26; 1993 c 48 s 7 331A.08 331A.08 Computation of time. Subdivision 1. Time for publication. The time for publication of public notices shall be computed to exclude the first day of publication and include the day on which the act or event, of which notice is given, is to happen or which completes the full period required for publication. Subd. 2. Time for act or proceeding. The time within which an act is to be done or proceeding had or taken, as prescribed by the rules of procedure, shall be computed by excluding the first day and including the last. If the last day is Sunday or a legal holiday the party shall have the next secular day in which to do the act or take the proceeding. HIST: 1984 c 543 s 27 331A.09 331A.09 Publication on Sunday. #Sunday, y public notice may be printed in a newspaper published and the publication is a lawful publication and a full compliance with the order of the court or officer ordering the publication. Any notice that, by law or the order of any court, is required to be published for any given number of weeks http://www.revisor.leg.state.nm.us/cgi-bin/getstatchap.pl 1/6/2004 Page 8 of 9 may be published on any day in each week or the term, and if published as many weeks and as many times in each week as required by the law or order, it is a lawful publication. HIST: 1984 c 543 s 28 �1A.10 331A.10 Change of name or discontinuance of newspaper. Subdivision 1. Change of name. When a legal notice is required or ordered to be published in a particular newspaper and the name of the newspaper is changed before the publication is completed, the publication shall be made or continued in the newspaper under its new name with the same effect as if the name had not been changed. The proof of the publication, in addition to other requirements, shall state the change of name and specify the period of publication in the newspaper under each name. Subd. 2. Discontinuance. When a newspaper ceases to be published before the publication of a public notice is commenced, or when commenced ceases before the publication is completed, the order for publication, when one is required in the first instance, may be amended by order of the court or judge, to designate another newspaper, as may be necessary. If no order is required in the first instance, publication may be made or completed in any other qualified newspaper. Any time during which the notice is published in the first newspaper shall be calculated as a part of the time required for the publication, proof of which may be made by affidavit of any person acquainted with the facts. HIST: 1984 c 543 s 29 331A.11 331A.11 Application. Subdivision 1. Apply. Sections 331A.01 to 331A.11 apply to all municipalities and local public corporations. Subd. 2. Do not apply. Sections 331A.01 to 331A.11 do not apply to notices required by private agreements or local laws to be published in newspapers, unless they refer to sections 331A.01 to 331A.11, or particular provisions of sections 331A.01 to 331A.11. HIST: 1984 c 543 s 30 331A.12 331A.12 Web site publication of local transportation RFP. Subdivision 1. Definitions. (a) The terms defined in this subdivision and section 331A.01 apply to this section. (b) "Web site" means a specific, addressable location provided on a server connected to the Internet and hosting World Wide Web pages and other files that are generally accessible on the Internet all or most of the day. Subd. 2. Designation. At the meeting of the governing body of the local public corporation at which the governing body must designate its official newspaper for the year, the governing body may designate in the same manner publication of transportation projects on the local public corporation's Web site. Publication on the Web site may be used O lace of or in addition to any other required form of te ication. Each year after designating publication on the Web for transportation projects, the local public corporation must publish in a qualified newspaper in the jurisdiction and on the Web site, notice that the local public corporation will publish any advertisements for bids on its Web site. http: /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl 1/6/2004 Page 9 of 9 Subd. 3. Form, time for publication same. A local public corporation that publishes on its Web site under this section must post the information in substantially the same format and for the same period of time as required for �lication in an official newspaper or other print publication. Subd. 4. Record retention. A local public corporation that publishes notice on its Web site under this section must ensure that a permanent record of publication is maintained in a form accessible by the public. HIST: lSp2003 c 19 art 2 s 56 http: /www. revisor. leg. state .mn.us /cgi- bin/getstatchap.pl 1/6/2004 newspapers December 16, 2003 City of Brooklyn Center City Council 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear City Council Members: The Brooklyn Center Sun Post would like to be considered for designation as the legal newspaper for the City of Brooklyn Center for the year 2004. All published legal notices are posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broaden the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun Post is our home delivery. Sun Newspapers has become the primary source of community news in the suburbs. Your notices in our paper have the best chance of being seen and read. We would like to continue working with you, therefore, we will not be making a rate change for the coming year. The rate structure for legals effective January 1, 2004 will be: 1 column width: $14.30 per inch for first insertion $7.15 per inch for subsequent insertions Our columns are 14 picas wide There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 pm the Thursday prior to publication. E- mailing the legal notices is an efficient and accurate way of getting the notices to us. The e-mail address for the legal department is legals @mnsunpub.com. We still accept notices on disk, faxed or through the mail. If you require more information to make your decision, please contact me or Meridel Hedblom, our Legal Representative, at 952- 392 -6829. Thank you for considering the Sun Post as the official newspaper for the City of Brooklyn Center in 2004. We appreciate the opportunity to serve the needs of your community. Sincerely, Jeffrey Coolman Vice President of Sales and General Manager 109171IA,r,Ei `iEw RoAD 0 EDEN PRAMS 0 MLNTv-EsoT.A, 55344 0 952 -829 -0797 0 Fax: 952 -941 -3588 I City ouncil Agenda Item No. 7' Y g J Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2003 -13, CONTRACT 2003 -E, 2003 SEAL COATING WHEREAS, pursuant to a written contract signed with the City of Brookyn Center, Minnesota, Allied Blacktop Company of Maple Grove, Minnesota has completed the following improvement in accordance with said contract: Improvement Project No. 2003 -13, Contract 2003 -E, 2003 Seal Coating. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. It is hereby directed that final payment be made on said contract, taking the contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $98,138.00 from the Public Works Street Maintenance Operating Budget. 2. Project costs and revenues are hereby amended as follows: COSTS As Approved As Final Contract $99,654.74 $98,138.00 REVENUES 43220 -6530 $99,654.74 $98,138.00 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 of MEMORANDUM KLYN TER DATE: January 5, 2004 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Establishing Improvement Project No. 2004 -06, Contract 2004 -C, 73 Avenue North Street, Storm Drainage, and Utility Improvements and Approving an Agreement with the City of Brooklyn Park for Contract Administration The City's Capital Improvement Program includes the planned reconstruction of 73 Avenue between Humboldt Avenue and Penn Avenue. This project is identified for construction in 2004. The attached map illustrates the extent of the proposed project area. Engineering staff from the City of Brooklyn Park and the City of Brooklyn Center have been working to develop an agreement between the two communities to provide for project cost sharing and contract administration. A copy of the agreement is attached for review. The agreement designates that the City of Brooklyn Park will perform engineering design, bidding, and general construction administration. Brooklyn Center provided these services on the previous 73 Avenue project. Under the agreement, both communities would maintain approval authority of preliminary and final construction contract documents prior to project bidding. Project costs for administration, engineering, street, storm sewer and street lighting would be shared 50 percent each between Brooklyn Park and Brooklyn Center. All improvement costs for the upgrades of sanitary sewer main or water main facilities would be the responsibility of the utility owner. Brooklyn Center owns a majority of the sewer and water main facilities within the project area. The requested City Council action at this time is the consideration for approval of the agreement with Brooklyn Park for project engineering administration services and establishing the proposed 73 Avenue Street, Storm Drainage, and Utility Improvement Project so that initial field work and design can commence. City Council Agenda Item No. 7k CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 9th day of February, 2004, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance vacating a portion of storm sewer easement within the property at 3501 65 Avenue North, Garden City Elementary School. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF STORM SEWER EASEMENT AT GARDEN CITY ELEMENTARY SCHOOL, OSSEO SCHOOL DISTRICT NO. 279 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. A portion of storm sewer easement Document No. 573712 within RLS No. 803, Tract A is hereby vacated as an easement. The portion of said easement is further described as follows: That part of storm sewer easement recorded as Document No. 573712, which lies westerly of the east line of Tract A, REGISTERED LAND SURVEY NO. 803, Files of Registrar of Titles, Hennepin County, Minnesota and easterly of a line drawn 280 feet west of and parallel with said east line of Tract A. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of .2004. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) aty Of MEMORANDUM BROOKLYN CENTER DATE: January 6, 2004 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: An Ordinance Vacating a Portion of Storm Sewer Easement at Garden City Elementary School, Osseo School District No. 279 The City of Brooklyn Center has received a request from Osseo School District No. 279 to vacate a portion of easement along the north side of the Garden City Elementary School building. This is the fourth requested action related to storm sewer easements for the property. A general summary of past City Council actions on this matter is listed below. May 12, 2003 Approval of Planning Commission Application No. 2003 -04 for northerly and westerly building expansion and site improvements at Garden City Elementary School June 9, 2003 Resolution authorizing an agreement for temporary use of storm sewer easement along the west side of the school building during City Council consideration of westerly easement vacation. August 11, 2003 Ordinance vacating a portion of utility easement along the west side of the school building. December 8, 2003 Resolution authorizing an agreement with the school district to allow the relocation of storm sewer along the north side of the school building for northerly building expansion. The current request for City Council action is to vacate a portion of storm sewer easement along the north side of the school building as described on the attached resolution. The School District has executed a new storm sewer easement for the portions of 60 -inch diameter storm sewer that are being relocated to allow the northern expansion of the school building. Consistent with the City Charter, a first reading to establish a date for a second reading and public hearing to consider an ordinance vacating certain portions of storm sewer easement is requested for February 9, 2004. Easement Release Sketch For: ARMSTRONG, TORSET SKOLD RYDEEN North line of Northwest Quarter of the Southeast Quarter of Sec. 34, Twp. 119, Rge. 21 EASEMENT RELEASE That port of storm sewer easement recorded as Document No. 573713 which lies westerly of the east line of Tract A. REGISTERED LAND SURVEY NO. 803, Files of Registrar of Titles, Hennepin County, Minnesota and easterly of a line aD drawn 280 feet west of and parallel with said east line of Tract A. O Q II N b C� MO O co W C; TR N Storm Sewer Easement per Document No. 573713 I.:, C: ii:::.::::'>:�•.: n :i.: ii:�:�:�:!:ii::i:�::ri;i:vi: -:iY:i�::::H4 I hereby certify that this sketch was prepare{ 1 4 me or under my direction and that I am a 'sue Land Surveyor under the laws of the �1) Dated this 1 1 th day of July, 2003. LICENSED REHDER ASSOCIATES, INC. LAND SURVEYOR 52515 L 3440 ehder and Associates, Inc." �'F CIVIL ENGINEERS AND LAND SURVEYORS David C. Craigie, Land Surveyor OFIM;N�``�`� Minnesota License No. 42618 Federal Drive SOlte 240 Eagan, Mr nne,ete Phone (1151) 452 -5051 Revised: January 6th, 2003 Revise Description tttttttetttttttttta Easement Sketch For: ARMSTRONG TORSETH, SKOLD RYDEEN North line of Northwest Quarter of the Southeast Quarter of Sec. 34, Twp. 119, Rge. 21 STORM SEWER EASEMENT A 30 foot easement for storm sewer purposes over that part of Tract A, REGISTERED LAND SURVEY NO. 803, Files of Registrar of Titles, Hennepin County, Minnesota, the centerline of said easement is described as follows: Beginning at a point on the east line of said Tract A distant 165.00 feet southerly of as measured at right angles to the north line of the Northwest Quarter of the Southeast Quarter of Section 34 Townsh 11 9 Ron a 21• the nce e South 89 degrees 56 min 45 seconds West P 9 tes 9 parallel with the north line of said Northwest Quarter of the Southeast Quarter, a distance of 41.65 feet; thence North 75 degrees .19 minutes 21 seconds West a distance of 128.98 feet; thence South 72 degrees 32 minutes 31 seconds West a distance of 109.66 feet to its II intersection with a line drawn 165.00 feet southerly of and parallel with said north line of the N Northwest Quarter of the Southeast Quarter, thence westerly along said parallel line a distance C- of 9.62 feet to its intersection with a line drawn 280 feet westerly and parallel with said east c line of Tract A and said centerline there terminates. The sidelines of said easement are to be prolonged or shortened to terminate at the east line 6i of said Tract A and at said 280.00 foot parallel line. o Q U RA LA SA No. Co 1p9.66 i 280.00 r 41.65 S89 °56'45 "W I hereby certify that this sketch was prepared b me or under my direction and that I om a g1A)AIv Storm Sewer Easement per Land Surveyor under the laws of the dtp. Document No. 573713 w Doted this 1 1 th day of July, 2003. LICENSED RENDER ASSOCIATES, INC. LAND r SUR VEYOR r �r� f Rehder and Associates, Inc. C,�„,� I- CIVIL ENGINEERS AND LAND SURVEYORS DovId C. Croigie, Lon Surveyor y�y� 3440 F°derat Oriw 56Its 240 Eagan. 6Ann°sota Phone (651) 452 -5051 Minnesota License No. 42618 i to City Council Agenda Item No. 71 Office of the City Clerk City Brooklyn okl n Ce nter f yf y A Millenni um Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk N #ia *Vff °''t. DATE: January 8, 2004 SUBJECT: Resolution Appointing Michael J. McCauley as Director and Jim Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group In 1988 the City Council authorized the City of Brooklyn Center to participate in the joint powers group know as the Hennepin Recycling Group, along with the cities of Crystal and New Hope. Article IV, Sections 2 and 3, of the joint powers agreement require the governing body of the City to annually appoint a representative and alternate to the Board of Directors of Hennepin Recycling Group. The attached resolution designates Michael J. McCauley as Director and Jim Glasoe as Alternate Director. a ttachment 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP WHEREAS, the City Council passed Resolution No. 88 -24 authorizing Brooklyn Center's membership in a joint powers group known as the Hennepin Recycling Group with Crystal and New Hope to implement joint recycling programs; and WHEREAS, the joint powers agreement requires the governing body of the City to annually appoint a representative and alternate to the Board of Directors of Hennepin Recycling Group. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Michael J. McCauley be appointed to represent the City of Brooklyn Center as Director and Jim Glasoe be appointed as Alternate Director of the Board of Directors of Hennepin Recycling Group. 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. YP p City Council Agenda Item No. 7m Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS WHEREAS, Section 7.01 of the City Charter provides the City Council with authority over City funds that includes the safekeeping and disbursement of public monies; and WHEREAS, Section 7.01 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the City Manager and City Treasurer; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. That Wells Fargo Bank Brookdale Office is hereby designated as the depository for funds of the City of Brooklyn Center. 2. That the following named banks and brokers are hereby designated as additional depositories to be used for investment purposes: Federal Reserve Bank of Minneapolis Bremer Bank U.S. Bank, N.A. U.S. Bank Corporate Trust of St. Paul Wells Fargo Bank of Minneapolis Minnesota Municipal Money Market Fund (4M Fund) Dain Bosworth Salomon, Smith, Barney and Company Morgan -Keegan and Company Twin City Federal Savings and Loan Association The City Treasurer is hereby authorized to deposit funds in accounts guaranteed by the Federal Deposit Insurance Corporation (FDIC), the Federal Savings and Loan Insurance Corporation (FSLIC) or the Securities Insurance Protection Corporation (SIPC). Funds deposited with designated depositories in excess of the insured amounts provided by the insurance of individual institutions or companies shall not exceed the ninety percent (90 of the collateral pledged by the depository to the City or other such insurance provided by the depository and approved by the City. 3. That PNC Merchant Services is hereby designated as the clearinghouse depository for credit card sales at Brooklyn Center Liquor Stores. RESOLUTION NO. 4. That U.S. Bank, N.A., is hereby designated as the clearinghouse depository for credit card sales at the Earle Brown Heritage Center. 5. That Chase Merchant Services, LLC, is hereby designated as the clearinghouse depository for credit card sales for the Recreation Department and Golf Course. 6. That the City Council authorizes the City Manager, the City Treasurer, or the Deputy City Treasurer to act for the City in all of its business activities with these designated depositories. 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. 8a Office of the City Clerk MT City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk �Q/L DATE: January 7, 2004 SUBJECT: An Ordinance Relating to the Location of Secondhand Goods Dealers, Pawnshops, Currency Exchanges, Tattoo Parlors and Body Piercing Establishments, Saunas, and Massage Parlors; Amending Brooklyn Center City Code Sections 23 -610, 23 -661, 23- 1607, 23- 1709, 23 -2203 and 23 -2309 At its December 8, 2003, meeting, the Brooklyn Center City Council approved first reading of An Ordinance Relating to the Location of Secondhand Goods Dealers, Pawnshops, Currency Exchanges, Tattoo Parlors and Body Piercing Establishments, Saunas, and Massage Parlors; Amending Brooklyn Center City Code Sections 23 -610, 23 -661, 23 -1607, 23 -1709, 23 -2203 and 23 -2309. The second reading and Public Hearing are scheduled for January 12, 2004. Notice of Public Hearing was published in the Brooklyn Center Sun -Post newspaper on December 18, 2003. If adopted, effective date will be February 21, 2004. Materials that were included in the December 8, 2003, Council agenda are also attached. Attachments 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerkd�W4— DATE: December 1, 2003 SUBJECT: An Ordinance Relating to the Location of Secondhand Goods Dealers, Pawnshops, Currency Exchanges, Tattoo Parlors and Body Piercing Establishments, Saunas, and Massage Parlors; Amending Brooklyn Center City Code Sections 23 -610, 23 -661, 23- 1607, 23 -1709, 23 -2203 and 23 -2309 Attached is an ordinance amendment prepared by the City Attorney that relates to the location of secondhand goods dealers, pawnshops, currency exchanges, tattoo parlors and body piercing establishments, saunas, and massage parlors. The ordinance is a housekeeping amendment to add saunas to the types of establishments with distance restrictions. It adds language in Section 23 -1607 regarding sauna restrictions and regulations consistent with secondhand goods dealers, pawnshops, currency exchanges, tattoo parlors and body piercing establishments, and massage parlors. Introduction of the ordinance is scheduled for December 8, 2003, with the second reading and Public Hearing scheduled for January 12, 2004. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org CITY OF BROOKLYN CENTER Notice is hereby given t y g n hat a public hearing will be held on the 12th day of January, 2004, 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 location of secondhand goods dealers, pawnshops, currency exchanges, tattoo parlors and body piercing establishments, saunas, and massage parlors. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 612 -569 -3303 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO THE LOCATION OF SECONDHAND GOODS DEALERS, PAWNSHOPS, CURRENCY EXCHANGES, TATTOO PARLORS AND BODY PIERCING ESTABLISHMENTS, SAUNAS, AND MASSAGE PARLORS; AMENDING BROOKLYN CENTER CITY CODE SECTIONS 23-610,23-661,23-1607, 23-1709,23-2203 AND 23 -2309 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code Section 23 -610 is amended as follows: Section 23 -610. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the City or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. If the premise is located within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece or parcel of land as any of the following uses: a school, day care center, church, hospital, on -sale liquor establishment, halfway house, currency exchange operation, theater, residence, secondhand goods dealer, tattoo establishment, body piercing establishment, massage parlor, sauna. or another pawnshop; provided however, that a pawnshop and a secondhand goods dealer may occupy a single licensed premises in common if both activities are licensed for that premises; C. Where operation of a licensed premise would violate zoning ordinances; d. Where the applicants present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed or; e. Established as a pawnshop after April 2, 1996, which is within ten (10) driving miles of an gambling casino. Yg g ORDINANCE NO. Section 2. Brooklyn Center City Code Section 23 -661 is amended as follows: Section 23 -661. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the City or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. Within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece or parcel of land as any of the following uses: a school or day care center if the secondhand goods dealer will receive firearms or if located within 300 feet of. a pawnshop, tattoo establishment, currency exchange operation, massage parlor, body piercing establishment, sauna, or another secondhand goods dealer; provided however, that a pawnshop and a secondhand goods dealer may occupy a single licensed premises in common if both activities are licensed for that premises; C. Where operation of a licensed premise would violate zoning ordinances; or d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed. Section 3. Brooklyn Center City Code Section 23 -1607 is amended as follows: Section 23 -1607. RESTRICTIONS AND REGULATIONS. 1. The licensee and the persons in its employ, agency or persons with an interest in such business shall comply with all applicable ordinances, regulations and laws of the City of Brooklyn Center and the State of Minnesota and the United States government. 2. If the licensee is a partnership or a corporation, the applicant shall designate a person to be manager and in responsible charge of the business. Such person shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the police department in writing of any such change, indicating the name and the address of the new manager and the effective date of such change. 3. The licensee shall furnish the Police Department with a list of current employees indicating their names and addresses and designating the duties of the employees within the sauna bath or sauna parlor. The licensee shall promptly notify the Police Department of any additions or deletions in the list of employees or changes in their job descriptions or duties. ORDINANCE NO. 4. The licensed premises shall not be open for business nor shall patrons be permitted on the premises between the hours of 11:00 p.m. and 8:00 a.m. of the succeeding day. 5. The licensee shall permit and allow the inspection of the premises during business hours by all appropriate City employees. 6. Upon demand by any police officer any person employed in any licensed premises shall identify himself by giving his true legal name and his correct address. 7. No person under 18 years of age shall be employed in an establishment requiring a license under the provisions of this ordinance. 8. All equipment or personal property used in or for a sauna or sauna bath shall be of a safe and sanitary design as approved by the City Sanitarian and the entire premises where saunas or sauna baths are given, administered or allowed and all personal property, clothing, towels and the like used therein shall be sanitary which is defined as a complete absence of the vegetative cells of pathogenic microorganisms. 9. The licensee and all persons in its employ or connected therewith shall maintain an occupancy or guest register by which each patron of the sauna or sauna bath must register with his correct name, address and phone number and each licensee, or person in its employ shall require each patron to furnish identification describing and identifying his correct name, address and phone number and shall further require each patron to correctly and truthfully furnish his name, address and telephone number to said guest register before the administration of any services of the sauna or sauna baths. Said occupancy register or guest register must be maintained on file for inspection by officers, employees or agents of the City of Brooklyn Center or any other agency of any political subdivision, the State of Minnesota or agency of the United States government for a period of not less than two years. 10. The licensed premises shall not be located within 300 feet of or in the same buildine as. or on the same leeally subdivided lot. niece or parcel of land as anv of the followins uses: school. day care center, church, hospital, on -sale liquor establishment. halfwav house. theater,.residence, pawnshop. tattoo establishment. body piercine establishment. massage parlor. secondhand aoods dealer, pawnshop. currencv exchange operation, or another sauna. Section 4. Brooklyn Center City Code Section 23 -1709 is amended as follows: Section 23 -1709. CONDITIONS GOVERNING ISSUANCE OF A LICENSE. ORDINANCE NO. 1. No license shall be issued if the applicant or any of its owners, managers, employees, agents or interested parties is a person of bad repute. 2. Licenses shall be issued only if the applicant and all of its owners, managers, agents, employees or interested parties are free of convictions for offenses which involve moral turpitude or which relate directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibilities of the licensed activity. 3. Licenses shall be issued only to applicants who have not, within one year prior to the day of application, have been denied licensure, have had a license revoked or suspended in or by any community or political subdivision or the State of Minnesota and whose owners, managers, or any interested parties have not been similarly denied, revoked, or suspended. 4. Licenses shall be issued only to applicants who have answered fully and truthfully all of the information requested in the application, who have paid the full license fee and fee for investigation and have cooperated fully and truthfully with the City in the review of the application. 5. If the applicant pp ant is a natural person, a license shall be granted only if such person is 18 years of age or older. 6. Licenses may only be granted when in complete conformity with the zoning code of the City of Brooklyn Center. No license shall be granted for any premises which is within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece or parcel of land as a currency exchange operation, secondhand goods dealer, pawn shop, tattoo or body piercing establishment, another massage parlor, sauna. school, day care center, church, hospital, on -sale liquor establishment, halfway house, theater or residence; provided, however, that this limitation shall not apply to bona fide health clubs or qualified barber shops, hair or beauty salons or licensed cosmetology salons. 7. Licenses shall be granted only to establishments which can meet the safety, sanitary and building code requirements of the City. 8. A license shall not be granted if granting the license (a) would be inconsistent with the comprehensive development plans of the City, or (b) would otherwise have a detrimental effect upon other property or properties in the vicinity. Section 5. Brooklyn Center City Code Section 23 -2203 is amended as follows: Section 23 -2203. RESTRICTIONS. All Curren Exchanges shall be operated d Currency g p an maintained in accordance with the requirements of state law and of this section: ORDINANCE NO. A. The business may not be advertised with backlighted signs or awnings, roof signs, portable signs, temporary signs, or freestanding signs. Window signs shall not exceed thirty (30) percent of the window area and shall not block views into the building at eye level. B. The window and door area of any existing first floor facade that faces a public street or sidewalk shall not be reduced, nor shall changes be made to such windows or doors that block views into the building at eye level. C. For new construction, at least thirty (30) percent of the first floor facade that faces a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allow views into the building at eye level. D. The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. E. The premises, all adjacent streets, sidewalks, and alleys, and all sidewalks and alleys within one hundred (I00)feet shall be inspected regularly for purposes of removing any litter found thereon. F. The business remises shall not be e p so equipped as to enable employees to activate remote locking mechanisms to lock in patrons, customers, or others. G. The licensee shall not engage in street solicitation for the business or distribute handbills within three hundred (300) feet of the licensed premises. H. The licensee shall not give away cigarettes or liquor to customers either free or in connection with a check cashing transaction.. I. The business premises shall not be located within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece or parcel of land as any of the following uses: a school, day care center, church, hospital, on -sale liquor establishment, halfway house, theater, residence, pawnshop, secondhand goods dealer, tattoo establishment, body piercing establishment, massage parlor, sauna. or another currency exchange. Section 6. Brooklyn Center City Code Section 23 -2309 is amended as follows: Section 23 -2309. PLACES INELIGIBLE FOR LICENSE a. No license shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota Statutes, Section 278.0- 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance ORDINANCE NO. with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1)year after becoming due. b. No license shall be granted or renewed if the property is not properly zoned or does not qualify as a legal nonconforming use for tattooing and/or body piercing establishments. C. Premises Licensed For Alcoholic Beverages. No license shall be granted or renewed if the premises is licensed for the furnishing of alcoholic beverages or is an adult establishment pursuant to Section 35 -2182. d. No license shall be granted if the premises is within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece or parcel of land as any of the following uses: a church, school, day care center, hospital, on -sale liquor establishment, halfway house, currency exchange operation, theater, residence, pawnshop, secondhand goods dealer, massage parlor, sauna. or another tattoo or body piercing establishment. Section 7. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 2003. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Underline indicates new matter; brackets indicate matter to be deleted.) City Council Agenda Item No. 9a adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATIONS FROM THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION WHEREAS, the Brooklyn Center Fire Relief Association has presented to the City a donation of $3,000 and has designated it be used to support the Safety Camp Program; and WHEREAS, the Brooklyn Center Fire Relief Association has presented to the City a donation of $40,000 and has designated it be used for replacement of Fire Engine 6 that is due for replacement in 2006; and WHEREAS, the Brooklyn Center Fire Relief Association has presented to the City a donation of $5,500 and has designated it be used to replace furniture at the Fire Stations; and WHEREAS, the City Council is appreciative of the donations and commends the Brooklyn Center Fire Relief Association for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donations with gratitude. 2. Appropriates the donations to the corresponding activity budgets. January 12. 1004 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. 9b City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Lasman, en and Peppe FROM: Michael J. McCauley, City Manager DATE: January 8, 2004 SUBJECT: Resolution Recognizing the Contributi s of Ethnic Populations and Heritage Celebrations As part of the City Council's goal of inclusiveness, one of the aspects was to recognize the various ethnic populations and their contributions as well as heritage celebrations. The proposed resolution would implement that Council policy by an inclusive list of celebrations and contributions in one resolution. We have avoided adopting individual resolutions, while wishing to participate in an inclusive fashion in recognizing the various ethnic and heritage celebrations that occur during the year. By adopting this resolution, the City acknowledges these many events that occur throughout the course of the year. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS WHEREAS, the City Council has established a goal to promote the inclusion of all residents in Brooklyn Center's community life by emphasizing opportunities to include all residents in the community's activities and plans; and WHEREAS, the City Council recognizes that its cultural composition has changed significantly over the past decade, with its ethnic population one -third of its total population; and WHEREAS, Brooklyn Center is strengthened by the rich cultural diversity of its people, and welcomes individuals of all races, religions, and cultural backgrounds; and WHEREAS, many ethnic populations have played central roles in some of the most triumphant and courageous moments in history; and WHEREAS, the City Council recognizes the vital contributions ethnic populations have made to the strength and diversity of our community and recognizes their rich legacy of ingenuity, perseverance, and achievement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following heritage celebrations are recognized for the purpose of encouraging our citizens to learn more about the history of ethnic populations and how they have contributed to the culture and heritage of our community: February African American History Month March Irish- American Heritage Month March 25 Greek Independence Day April 14 Pan American Day May Asian/Pacific American Heritage Month May 2 -9, 2004 Jewish Heritage Week May 17 (Syttende Mai) Norwegian Celebration of Liberation June 6 Swedish National Day September 15- October 15 Hispanic Heritage Month October 6 German- American Day November American Indian Heritage Month RESOLUTION NO. 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. 9c Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk J DATE: January 7, 2004 SUBJECT: An Ordinance Amending Sections 11 -717, 23 -1900, and 23 -1902 of the Brooklyn Center Code of Ordinances, Relating to the Conduct of Charitable Gambling in the City The City allows lawful gambling within its boundaries and has adopted an ordinance with regulations more stringent than state law. Brooklyn Center's Code of Ordinances was revised in 2003 to update the definition of lawful gambling to include paddletickets and tipboard tickets. The listing inadvertently excluded "bingo which is also considered a type of lawful gambling (such events are generally held in schools). The attached ordinance is a housekeeping amendment would amend the City's charitable gambling ordinance to replace the specific types of lawful gambling operations with the term "lawful gambling." If in the future the State Law changes to add other types of lawful gambling operations or removes or renames existing types, then the City's ordinance would not need to be amended since it refers to the broader term "lawful gambling" and not the specific types. If the City Council approves first reading of the Ordinance, the second reading and Public Hearing would be scheduled for February 9, 2004. Attachment 0 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org CITY OF BROOKLYN CENTER Notice is hereby iven that a public hearing will be held on the 9th day of February, g P g Y y, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Sections 11- 717, 23 -1900, and 23 -1902 of the Brooklyn Center Code of Ordinances, Relating to the Conduct of Charitable Gambling in the City. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS I1 -717, 23 -1900, AND 23 -1902 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE CONDUCT OF CHARITABLE GAMBLING IN THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 11 -717 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 11 -717. GAMBLING REGULATIONS. 1. Only licensed charitable nonprofit organizations that have been in existence in Brooklyn Center for at least three years may be allowed to [sell pull -tabs, paddletickets, or tipboard tickets] conduct lawful 2ambliniz on the premises. 2. Use of the licensed premises shall be by means of a written lease agreement between the licensee and the charitable organization. The lease shall be for a term of at least one year; a copy shall be filed with the City Manager's designee, and also a copy must be kept on the premises and available for public inspection upon request. Leases shall be governed by the following: a. The amount of rent charged may not exceed the amount authorized by law. b. Rental payments may not be based on a percentage of profits from gambling. c. The charitable organization may not reimburse the licensee for any license fees or other gambling related expenses incurred by the licensee. is ORDINANCE NO. d. [Pull -tabs, paddletickets, and tipboard tickets shall neither be sold by employees of the licensee nor sold from the bar service area.] Lawful eambline shall not be conducted by emplovees of the licensee or at the bar service area. e. The lease shall contain a provision permitting the licensee to terminate the lease if the charitable organization is found guilty of any violation of state or local gambling statutes, ordinances, or rules and regulations. 3. Only one charitable organization shall be permitted to [sell pull -tabs, paddletickets, or tipboard tickets] conduct lawful eambline on the licensed premises. 4. The licensee may not be reimbursed by the charitable organization for any license or permit fees, and the only compensation that the licensee may obtain from the charitable organization is the rent fixed in the lease agreement. 5. The licensee must commit to a minimum of twenty -five (25) hours of [sales of pull -tabs, paddletickets, or tipboard tickets] lawful eambline for the charitable organization per week. 6. The licensee shall be responsible for the charitable organization's conduct of [selling pull -tabs, paddletickets, and tipboard tickets] lawful eambline. The City Council may suspend for a period up to sixty (60) days or revoke the licensee's permission to allow lawful gambling on the premises for any violation of state or local gambling laws or regulations that occur on the premises by anyone, including the licensee or the charitable organization. Any violation may also be considered by the City Council as grounds for suspension or revocation of the on -sale liquor license. Section 2. Sections 23 -1900 and 23 -1902 of the City Ordinances of the City of Brooklyn Center are hereby amended as follows: Section 23 -1900. STATEMENT OF POLICY. The City of Brooklyn Center deems it desirable to regulate lawful gambling within its jurisdiction as authorized by Minnesota Statutes, Section 349.213, as it may be amended from time to time, to impose. and has imposed in this ordinance. additional restrictions on eambline within its limits beyond those contained in Minnesota Statutes. Chanter 349. as it may be amended from time to time. Section 23 -1902. [SALE OF PULL -TABS, PADDLETICKETS, AND TIPBOARD TICKETS] LAWFUL GAMBLING IN ON -SALE PREMISES. [The sale of pull tabs, paddletickets, and tipboard tickets in on -sale licensed premises shall be conducted by qualified and state licensed charitable organizations.] Lawful eambline is permitted in on -sale ORDINANCE NO. licensed premises within the Citv of Brooklvn Center provided it is conducted by qualified and state licensed charitable organizations in accordance with Minnesota Statutes. Sections 609.75- 609.763. inclusive. as thev may be amended from time to time: Minnesota Statutes. Sections 349.11- 349.23. inclusive. as thev may be amended from time to time. and this ordinance., [In addition to satisfying the qualifications set forth in Minnesota Statutes, Chapter 349, t] The following regulations and qualifications must be complied with by all such charitable organizations: 1. The organization must have been in existence in Brooklyn Center for at least three years. 2. The organization must expend 85% of its expenditures for lawful purposes on lawful purposes conducted or located within the Cities of Brooklyn Center, Brooklyn Park, Minneapolis, Crystal, Robbinsdale, and Fridley. 3. The organization must file a list containing the names and addresses of all current members with the City Manager's designee on an annual basis. 4. The organization must file charitable gambling financial reports monthly with the City Manager's designee. 5. The organization must [exhibit and sell pull -tabs, paddletickets, and tipboard tickets] conduct lawful gambling, in a method as required by the City. 6. Workers or managers may not divulge the number of or the dollar amount of the winners at any time. 7. Workers or managers shall not co- mingle game cards. 8. The organization shall comply with all the provisions of Minnesota Statutes, Chapter 349. 9. The organization shall register with the State Gambling Board all equipment and supplies used in a licensed on -sale establishment. 10. The charitable organization will be responsible for the booth and other equipment used in the [operation of pull -tabs] conduct of lawful gambling. 11. The organization must pay the City of Brooklyn Center an investigation fee of $250 per year. ORDINANCE NO. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of .2004. Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 9d Office of the City Clerk MY City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk_ DATE: January 8, 2004 SUBJECT: Select Presiding Officers Mayor Pro Tem and Acting Mayor Pro Tem Section 2.06 of the City Charter requires the Council to choose from its members a mayor (president) pro tem who shall hold office at the pleasure of the Council and shall serve as Mayor (president) in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. City Council Resolution No. 92 -262, Establishing and Designating an Acting President Pro Tem of the City Council, states the most senior Council member shall preside in the absence of both the Mayor and Mayor pro tem, and that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. Following is a list of Council members by seniority and the votes cast per member in the most recent election. Kay Lasman (elected November 5, 1996; votes in most recent election 7,118) Bob Peppe (elected November 5, 1996; votes inmost recent election 6,135) Kathleen Carmody (elected November 5, 2002, with 4,287 votes) Diane Niesen (elected November 5, 2002, with 3,555 votes) Year 2001 Kay Lasman Mayor (president) pro tem Bob Peppe Acting Mayor (president) pro tem Year 2002 Bob Peppe Mayor (president) pro tem Kay Lasman Acting Mayor (president) pro tem Year 2003 Kay Lasman Mayor (president) pro tem Bob Peppe Acting Mayor (president) pro tem For 2004, Mayor Kragness has indicated that she would ask for Council approval of her nomination of Bob Peppe as Mayor (president) pro tem. Kay Lasman would serve as Acting Mayor (president) pro tem. Attachments: City Charter Section 2.06 Resolution No. 92 -262 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org b. A uniform list of initial questions to be asked of all applicants shall be made available to the public and the applicants in advance of interviews. To the extent reasonably practicable, questions asked of all applicants at the interviews shall be uniform. 4. Selection Process. Upon completion of the interview process, the Council may call for a vote to appoint an applicant. Each Council member may cast only one vote for a preferred applicant on each called -for vote to appoint. No vote, which does not result in a majority vote for one candidate, shall result in elimination from consideration of any candidate. Written ballots listing the applicant(s) shall be used. Each Council member's vote shall be recorded. A simple majority of the Council votes shall appoint that p J Y pp applicant to the City Council. 5. If the Council pursues the appointment process but then fails to fill a vacancy within forty -five (45) days from the occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy. The special election will be held not sooner than one hundred five (105) days and not later than one hundred thirty -five (135) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held. 6. The City shall comply with the Minnesota Data Practices Act in all respects in the collection, management, and dissemination of data on applicants for City Council vacancies. Section 2.06. THE MAYOR. The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a president pro tern who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and shall exercise all powers and perform all duties conferred and imposed upon the Mayor by this charter, the ordinances of the City, and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. The Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. In time of public danger or emergency the Mayor may, with the consent of the Council, take command of the police, maintain order and enforce the law. Section 2.07. SALARIES. The Mayor and the members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until the January 1 following the next succeeding general municipal election. The City Manager and all the subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. City of Brooklyn Center -4- City Charter Last revised 611812003 Member Dave Rosene introduced the following resolution and moved its adoption: P q RESOLUTION 92 -262 E OLUTION NO. V RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2.06 of the Brooklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tern who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tem may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS the City ouncil desires to provide for an Y P acting president pro tern who shall serve in the absence of the Mayor and president pro tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the most senior Councilmember shall preside in the absence of both the Mayor and Mayor pro tem. BE IT FURTHER RESOLVED that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. November 23, 1992 Date Todd Pauison, Mayor ATTEST: Prx Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9e City of Brooklyn .Center Office of the Mayor A Millennium Community MEMORANDUM TO: Councilmembers Carmody, asman, Niesen, ap Peppe FROM: Myrna Kragness, Mayor DATE: January 8, 2004 SUBJECT: Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives for Other Organizations for 2004 At the January 12, 2004, meeting, I would like to discuss and make appointments of City Council Members to serve as Council Liaisons to City Advisory Commissions and as Council representatives for boards, committees, or organizations in which the City participates. In 2003, Council Members were appointed as follows: Commission/Organization Council Member Financial Commission Bob Peppe Housing Commission Kathleen Carmody Regional Human Rights Coalition Kay Lasman Park and Recreation Commission Diane Niesen Crime Prevention Program Kay Lasman NW Suburbs Cable Communications Commission Bob Peppe League of Minnesota Cities Kathleen Carmody North Metro Mayor Association Myrna Kragness Association of Metropolitan Municipalities Diane Niesen Brooklyn Center Special Events Committee Kay Lasman Earle Brown Days Committee Kathleen Carmody I would request the Council to ratify the following appointments for 2004: Commission/Organization Council Member Financial Commission Kathleen Carmody Housing Commission Diane Niesen Regional Human Rights Coalition Kay Lasman Park and Recreation Commission Bob Peppe Crime Prevention Program Kay Lasman NW Suburbs Cable Communications Commission Bob Peppe League of Minnesota Cities Kathleen Carmody North Metro Mayor Association Myrna Kragness Association of Metropolitan Municipalities Diane Niesen Brooklyn Center Special Events Committee Kay Lasman Earle Brown .Days Committee Kathleen Carmody 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org City Council Agenda Item No. 9f Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Cler "t DATE: January 12, 2004 SUBJECT: City Council Agenda Item No. 9f Mayoral Reappointments to City Advisory Commissions Item No. 9f on the January 12, 2004, City Council meeting agenda is the Mayoral Reappointments of City Advisory Commissioners. The materials for this item include a list of those commissioners who wish to be reappointed for another term to their respective commission. On the list of commissioners for the Housing Commission, Jean Schuster's name was inadvertently omitted. Ms. Schuster wishes to continue her service to the City as a Housing Commission member. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www. cityofbrooklyncenter.org Financial Commission The Financial Commission is composed of a chairperson and six members, with members serving a three year term. On December 31, 2003, the Financial Commission terms of Jerald Blarney and Mark Nemec expired. Mr. Blarney opted to resign his position on the Financial Commission. Mr. Nemec wishes to continue his voluntary public service on the Financial Commission for another three -year term. Housing Commission Revised 1112104 The Housing Commission is composed of a chairperson and eight members, with members serving a three year term. On December 31, 2003, the Housing Commission terms of Ernie Erickson, Kris Lawrence- Anderson, and Jean Schuster expired. Mr. Erickson opted to resign his position on the Financial Commission. Ms. Lawrence Anderson and Ms. Schuster wish to continue their voluntary public service on the Housing Commission for another three -year term. Park and Recreation Commission The Park and Recreation Commission is composed of a chairperson and six members, with members serving a three -year term. On December 31, 2003, the Park and Recreation Commission terms of John Russell and Thomas Shinnick expired. Mr. Russell and Mr. Shinnick wish to continue their voluntary public service on the Park and Recreation Commission for another three -year term. Planning Commission The Planning Commission is composed of a chairperson and six members, with members serving a two -year term. On December 31, 2003, the Planning Commission terms of Stephen Erdmann, Rex Newman, and John Whitehead expired. Mr. Erdmann and Mr. Newman wish to continue their voluntary public service on the Planning Commission for another two -year term. Mr. Whitehead has resigned his position on the Planning Commission. Northwest Hennepin Human Services Council Advisory Commission The Northwest Hennepin Human Services Council Advisory Commission is composed of two representatives from each participating City, with members serving a two -year term. On December 31, 2003, the Northwest Hennepin Human Services Council Advisory Commission term of Kathleen Ganter expired. Ms. Ganter wishes to continue her voluntary public service on the Northwest Hennepin Human Services Council Advisory Commission for another two -year term. Northwest Suburbs Cable Communications Commission The Northwest Suburbs Cable Communications Commission is composed of two representatives from each participating City, one of which is a representative of the City Council and the other a resident of the city, with members serving a one -year term. On December 31, 2003, the Northwest Suburbs Cable Communications Commission term of Rex Newman expired. Mr. Newman wishes to continue his voluntary public service on the Northwest Suburbs Cable Communications Commission for 2004. Office of the City Clerk City. of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 8, 2004 SUBJECT: Mayoral Reappointments to City Advisory Commissions Several commission member terms on City advisory commissions expired December 31, 2003. Prior to term expiration, City staff liaisons to the commissions polled the members whose terms would expire to determine their interest in continuing serving on their respective commissions. Mayor Kragness sent a letter to the City advisory commission chairpersons requesting input regarding participation and attendance of these members. Mayor Kragness talked with each of the chairpersons, and they responded that they would recommend reappointment of the commission members. Attached is a memorandum from Mayor Kragness indicating her nominations. Also attached are the procedures for filling commission vacancies adopted by the City Council on March 27, 1995. Materials regarding the commissions are attached, including a table that indicates the geographical distribution by neighborhood of the current members of the commissions and an attendance record of the commission members for 2003 Recommended Council Action: I. Motion by Council to ratify Mayor's reappointments to commissions with terms expiring as follows: Financial Commission term to expire 12/31/2006 Housing Commission term to expire 12/31/2006 Park and Recreation Commission term to expire 12/31/2006 Planning Commission term to expire 12/31/2005 NWHHSC Council Advisory Commission term to expire 12/31/2005 NW Suburbs Cable Communications Commission term to expire 12/31/2004 Attachments 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Financial Commission The Financial Commission is composed of a chairperson and six members, with members serving a three year term. On December 31, 2003, the Financial Commission terms of Jerald Blarney and Mark Nemec expired. Mr. Blarney opted to resign his position on the Financial Commission. Mr. Nemec wishes to continue his voluntary public service on the Financial Commission for another three -year term. Housing Commission The Housing Commission is composed of a chairperson and eight members, with members serving a three year term. On December 31, 2003, the Housing Commission terms of Ernie Erickson and Kris Lawrence- Anderson expired. Mr. Erickson opted to resign his position on the Financial Commission. Ms. Lawrence- Anderson wishes to continue her voluntary public service on the Housing Commission for another three -year term. Park and Recreation Commission The Park and Recreation Commission is composed of a chairperson and six members, with members serving a three -year term. On December 31, 2003, the Park and Recreation Commission terms of John Russell and Thomas Shinnick expired. Mr. Russell and Mr. Shinnick wish to continue their voluntary public service on the Park and Recreation Commission for another three -year term. Planning Commission The Planning Commission is composed of a chairperson and six members, with members serving a two -year term. On December 31, 2003, the Planning Commission terms of Stephen Erdmann, Rex Newman, and John Whitehead expired. Mr. Erdmann and Mr. Newman wish to continue their voluntary public service on the Planning Commission for another two -year term. Mr. Whitehead has resigned his position on the Planning Commission. Northwest Hennepin Human Services Council Advisory Commission The Northwest Hennepin Human Services Council Advisory Commission is composed of two representatives from each participating City, with members serving a two -year term. On December 31, 2003, the Northwest Hennepin Human Services Council Advisory Commission term of Kathleen Ganter expired. Ms. Ganter wishes to continue her voluntary public service on the Northwest Hennepin Human Services Council Advisory Commission for another two -year term. Northwest Suburbs Cable Communications Commission The Northwest Suburbs Cable Communications Commission is composed of two representatives from each, participating City, one of which is a representative of the City Council and the other a resident of the city, with members serving a one -year term. On December 31, 2003, the Northwest Suburbs Cable Communications Commission term of Rex Newman expired. Mr. Newman wishes to continue his voluntary public service on the Northwest Suburbs Cable Communications Commission for 2004. Office of the Mayor City of Brooklyn Center A Millennium Community MEMORANDUM TO: Councilmembers Carmody, Lasman; Niesen, and Peppe FROM: Myrna Kragness, Mayor DATE: January 8, 2004 SUBJECT: City Advisory Commission Reappointments As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the reappointment of the following persons: Financial Commission Mark Nemec 5538 Camden Avenue North HousinL7 Commission Kris Lawrence- Anderson 5213 Eleanor Lane Park and Recreation Commission John Russell 5312 North Lilac Drive Thomas Shinnick 5324 Oliver Avenue North Planning Commission Stephen Erdmann 4919 61 st Avenue North Rex Newman 3107 61st Avenue North Northwest Hennepin Human Services Council Advisory Commission Kathleen Ganter 5936 Xerxes Avenue North Northwest Suburbs Cable Communications Commission Rex Newman 3107 61 st Avenue North 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org City of Brooklyn Center Procedures for Filling g Force Vacancies Adopted by Council 3 /27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. COUNCIL PROCEDURES ESTABLISHED FOR FILLING COMMISSION VACANCIES C S City of Brooklyn Center Financial Commission Geographical Distribution (Chairperson and Six Members) Current Members January 8, 2004 Neighborhoods Applicant Current Members Southeast Mark Nemec 5538 Camden Avenue North Northeast Northwest West Central Timothy Elftmann 5301 Howe Lane Lawrence Peterson 5830 June Avenue North Central Donn Escher 3107 65th Avenue North Southwest Jay Hruska 5012 North Lilac Drive Two vacancies. City of Brooklyn Center Financial Commission Meeting Attendance 2003 P Present E Excused A Absent January Feb ruary; March, April 1Vtay June July August; Sep tember October' ,November_D0+ timber Commissioners No No No No No No No Meeting Meeting Meetings Meeting Meeting Meeting Meeting Donn Escher P P P P P P Jerald Blarney E E P p P E Timothy P P P E P P Elftmann Jay Hruska E P p p P P Mark Nemec P P E P E p Lawrence P P P p P P Peterson Gavin P P P P P E Wilkinson City of Brooklyn Center Housing Commission Geographical Distribution (Chairperson and Eight Members) Current Members January 8, 2004 Neighborhoods Applicants Current Members Southeast Mary Barrus 5441 Camden Avenue North Northeast Jean Schuster 1327 67th Lane North Northwest Stan Leino 7118 France Avenue North West Central David Johnson 3500 Admiral Lane Kris Lawrence- Anderson 5213 Eleanor Lane Central Judy Thorbus 6265 Brooklyn Drive Mark Yelich 6018 Beard Avenue North Southwest Two vacancies. Housing Commission 2003 Attendance Mary Barrus Lloyd Deuel Ernie Erickson David Johnson Kris Lawrence Anderson Stan Leino Jean Schuster Judy Thorbus Mark Yelich 1 -21 -03 Present Present Present Present Absent/Excused N/A N/A Present Present 2 -18 -03 Present Present Present Present Present Present N/A Present Present 3 -18 -03 Present Present Present Present Absent/Excused Present N/A Present Present 4 -2 -03 Present Present Present Present Present Present N/A Present Present 4 -15 -03 Present Present Present Present Present Absent/Ex N/A Present Present 5 -20 -03 Present Present Present Present Present Present Present Present Present 9 -16 -03 Present Present Absent/Ex Absent Unex Present Absent/Unex Present Present Present 10 -21 -03 Present Present Present Present Present Present Present Present Pesent I 11 -18 -03 Present Absent/Ex Present Present Present Present Present Present Present 12 -16 -03 Present Present Present Present Absent/Excused Absent/Unex Present Present Present i City of Brooklyn Center Park and Recreation n C mmissi 0 0 Geographical Distribution by Park Service Area (P.S.A.) (Chairperson and Six Members) Current Members January 8, 2004 Park Service Area Applicants Current Members P.S.A. I Thomas Shinnick 5324 Oliver Avenue North P.S.A. II Gail Ebert 1613 Irving Lane Craig Hauger 6706 Colfax Avenue North Roger Peterson 151171 st Avenue North P.S.A. III Bud Sorenson 6901 Toledo Avenue North Richard Theis 3006 Thurber Road P.S.A. IV P.S.A. -V John Russell 5312 N. Lilac Drive CITY OF BROOKLYN CENTER PARKS AND RECREATION COMMISSION Meeting Attendance 2003 laniuebru March. A riL;IMIa JuelJul .IAu�ut S °r No.erf�r DG�rtbr,'' Commissioners 10 I I I I Meeting N/A I N/A N/A Bud Sorenson IP I IP IP IP IP I I IP IP IP I R. Peterson IP I IA IP IP IP I I IE IP IP I Rich Theis IE I IP IE IP IP I I IP IP IP I Don Peterson IE I IP IP IP IP I I IE IX IX I John Russell IP I IE IP IP IP I I IP IP IP I Tom Shinnick IP I IP IP IE IP I I IP IP IP Gail Ebert IP I IE IP IA IE I I IE IE IP I I I I I I I I I I I I I I I I I I I I P Present E Excused A Absent City of Brooklyn Center Planning Commission Geographical Distribution (Chairperson and Six Members) Current Members January 8, 2004 r a Neighborhoods Applicants, Current Members Southeast Northeast Sean Rahn 601 70th Avenue North, 114 Tim Willson 6718 Colfax Avenue North Northwest West Central to en Erd S ph mane 4919 61 st Avenue North Central Rex Newman 3107 61 st Avenue North Dianne Reem 6225 Chowen Avenue North Southwest Graydon Boeck 5601 Indiana Avenue North One vacancy. Planning Commission Attendance for 2003 Willson Boeck Erdmann Newman Rahn Reem Whitehead Jan 16 X X AE X X X Absent /Unex Jan 30 X Absent /Ex X X X X Absent /Ex May 1 X X X X Absent /UnEx X X May 15 X X Absent /Ex X Absent /Ex X Absent /Ex May 29 X X X X Absent /UnEx X X July 17 X X X X X X Absent /Ex Aug 14 X Absent /Ex X X X X Absent /Ex Sept 11 X X Absent /Ex X X Absent /Ex Absent /Ex Sept 25 X Absent /Unex X X X X Absent /UnEx Oct 30 X X X X Absent /Ex X Absent /UnEx City Council Agenda Item No. 9g adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council /Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commissions other than advisory boards or commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and WHEREAS, the Charter provides for four Council members and a Mayor, all elected at large, with the Mayor entitled to a single vote as other Council members and who in addition serves as presiding officer of the Council and as official head of the City for ceremonial purposes; and WHEREAS, the Charter provides that the "Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City"; and WHEREAS, the Charter P rovides that the Council and the City Manager, or either of them, and any officer formally authorized by them, or either of them, shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books and papers"; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this Charter; and RESOLUTION NO. WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to police its own conduct and to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council: 1. To rededicate itself to the spirit and letter of the City Charter, and to call to account any of its members who ignore the spirit and letter of the City Charter. 2. To rededicate itself to the checks and balances of the City Charter that keep City government accountable and to reaffirm its commitment to the first amendment rights of the U.S. Constitution. 3. To pledge that no employees suffer recriminations, abuse or humiliation for acting in a forthright, proper, honest, and candid manner in performing their responsibilities. 4. To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner. Any City officials or employees, elected or appointed, who engage in conflict of interest or who use their positions in a self serving manner, having the effect of promoting their own financial interest or the financial interest of a friend, associate, business employer, or relative instead of the public interest, shall be subject to censure by the City Council. RESOLUTION NO. 5. To direct the City Manager to place this resolution for readoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council /Manager responsibilities. Date 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. OX City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members C ody, Lasman, Niesen, and Peppe From: Michael J. McCaule City Manager Date: January 8, 2004 Re: Annual Resolution of C fitment to the City Charter Prior to the any of the current Council members, the City Council adopted the Resolution Declaring Commitment To The Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest And Misuse of Positions. My understanding of the history behind this resolution was a desire by a past Council to remind itself of its obligations under the Charter and to re- affirm the Council's commitment fair treatment of employees and the avoidance of conflict of interest. Last year, Council Member Niesen raised some questions regarding this resolution and its intent. I think that having the City Council as a group re -affirm and acknowledge the City Charter and its intention to act in a professional manner has some merit. In reviewing the language of the resolution that we have inherited, a more positive and streamlined statement of City Council commitment and affirmation might be in order. I have drafted an alternate resolution that makes a few changes to streamline the document and render the statements more inclusive and positive in terms of Council actions for you consideration. 4 0 301 Shingle g e Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org ALTERNATE RESOLUTION Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council/Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commissions other than advisory boards or commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this Charter; and WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council: 1. To rededicate itself to the spirit and letter of the City Charter and to commit itself to ensuring compliance by the City Council collectively and individually with that spirit and letter of the City Charter. 2. To rededicate itself to the checks and balances of the City Charter that keep City government accountable. 3. To pledge that in its dealings with citizens and City staff, that the City Council will treat such citizens and staff with respect and courtesy. The Council shall deal with staff in accordance with the City Charter through the City Manager. 4. To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner for the good of the whole City and without regard for personal gain or interests. 5. To direct the City Manager to place this resolution for re- adoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council /Manager responsibilities. 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. 9h Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING JOINT POWERS AGREEMENT FOR STREET MAINTENANCE ACTIVITIES AND AUTHORIZING SOLICITATION OF BIDS FOR 2004 SEAL COATING WHEREAS, the City desires to identify opportunities to collaborate with other municipalities for the purposes of reducing general street maintenance costs for the City of Brooklyn Center; and WHEREAS, representatives from the cities of Brooklyn Center, Andover, Blaine, Coon Rapids, Columbia Heights, Fridley and Spring Lake Park have developed a Joint Powers Agreement for the purpose of gaining a financial benefit by combining street maintenance work for bidding purposes in search of one common contractor; and WHEREAS, the City of Brooklyn Center desires to participate in said Joint Powers Agreement and designate segments of street within Brooklyn Center to be included in a joint contract for bidding street maintenance work. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a Joint Powers Agreement with other northwest metro communities, which the City of Brooklyn Center anticipates will include the cities of Coon Rapids, Andover, Blaine, Columbia Heights, Fridley, and Spring Lake Park for the purposes of providing street maintenance work. 2. The City of Coon Rapids shall prepare final contract bid documents to include Brooklyn Center's scheduled 2004 Seal Coating work and cause said work to be advertised for bids in accordance with state law. 3. 2004 Seal Coating work for the City of Brooklyn Center shall include segments of street approximately described as: 1997 Orchard Lane West Neighborhood Reconstruction Area, Lyndale Avenue from 53` to 57"' Avenues, France Avenue from 69` to 73` Avenues, 69` Avenue from Shingle Creek Parkway to Dupont Avenue, and Humboldt Avenue from 69`' to 73` Avenue. 4. The estimated project cost for Brooklyn Center's portion of the contract is $108,000 and shall be charged to the Public Works Street Maintenance Division 2004 operating budget. RESOLUTION NO. 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. XAROCOKLYN ly of MEMORANDUM TER DATE: January 6, 2004 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Approving Joint Powers Agreement for Street Maintenance Activities and Authorizing Solicitation of Bids for 2004 Seal Coating In an attempt to reduce street maintenance costs, public works representatives from several northwest metro communities have been working together to develop a Joint Powers Agreement for purchasing seal coating and other maintenance services. The intent of this agreement is to provide an opportunity to obtain lower unit bid prices by combining amlual maintenance work for several communities into one project bid and promote a more competitive bidding environment. The proposed Joint Powers Agreement currently include the cities of Brooklyn Center, Coon Rapids, Andover, Blaine, Columbia Heights, Fridley and Spring Lake Park. A similar arrangement has been implemented with several cities in the south metro area for approximately eight years. Under the ro osed Joint Powers Agreement, the City of Coon Rapids would administer the P p g Y p preparation of plans specifications and project bidding in 2004. Members would pay a fee ranging from one to two percent of their respective construction costs to the City of Coon Rapids in order to cover legal and administration costs for the contract. Each member community would provide a list of various street maintenance activities to the City of Coon Rapids in February 2004. All quantities of street maintenance activities would then be consolidated into one set of contract bid documents. Each member community would retain the ability to opt out of the contract by providing written notice to the Director of Public Works for Coon Rapids within sixty (60) days after a bid has been awarded as described in the attached copy of the proposed Joint Powers Agreement. The 2004 operating budget for the public works street maintenance division includes $108,000 for completing street seal coating. The 2004 funding level for seal coating was based on a 5 -year Seal Coating Plan that was presented to the City Council during approval of the 2003 Seal Coating project. The attached map illustrates the proposed locations for seal coating activities in 2004. Attached for City Council consideration is a resolution that would approve the Joint Powers Agreement described above and authorize staff to include 2004 seal coating areas in the joint contract bid documents. JOINT POWERS AGREEMENT 2003 -2004 TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING& SEAL COATING This Joint Powers Agreement "Agreement is by and between the cities of Coon Rapids, Andover, Blaine, Brooklyn Center, Columbia Heights, Fridley, and Spring Lake Park (hereinafter individually the "City" and collectively the "Cities WHEREAS, the Cities have a common need to maintain their streets; WHEREAS, the Cities have recognized that there is a financial benefit that will be realized should they combine together for bidding purposes in search of one common contractor; WHEREAS, Minn. Stat. 471.59 provides for the joint exercise of common or similar powers by governmental units and also provides that any one governmental unit may perform on behalf of another governmental unit any service or function which that unit would be authorized to perform for itself; NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: 1. Purpose. The Cities agree that they have joined together for the purpose of obtaining a common contractor for certain street maintenance activities and with the expectation that the cost to each individual city would be less as a result of this Agreement. 2. Method. Subject to the provisions of this Agreement, Coon Rapids shall prepare any plans, specifications, bid proposals and advertise for bids for the placement of street traffic markings, street sweeping, crack sealing, screening and seal coating services. Shortly after the execution of this Agreement, Coon Rapids will provide each City with a bid form for the various street maintenance services. Within twenty (20) days after receipt of the bid form, each City shall provide to Coon Rapids their estimated quantities for the various street maintenance services anticipated during the 2004 season. A City that fails to return the bid form within twenty (20) days may be, at Coon Rapids' discretion, excluded from the bidding process. 3. Bid and Award. After receiving the bid quantities from each participating City, Coon Rapids shall prepare final plans and specifications and advertise for bids in accordance with state law. Coon Rapids shall tabulate the bids upon their receipt and make a recommendation of award to the Cities. The Cities shall have twenty (20) days after receipt of the recommendation of award to provide Coon Rapids with written approval or rejection of Coon Rapids' recommendation of award. Cities that reject or fail to respond to Coon Rapids' recommendation shall be excluded from the bid award. After receiving the approvals described herein, Coon Rapids shall award the street maintenance contracts pursuant to state law. 4. Opting Out. The parties hereto recognize that municipal funding sources and spending priorities may change throughout the bidding and award process. In recognition thereof, within sixty (60) days after a bid has been awarded, a City may opt out of any individual bid award and contract by providing written notice to the Director of Public Works, City of Coon Rapids, 1 l 155 Robinson Drive, Coon Rapids, Minnesota 55433. 5. Responsibilities. Each City shall be responsible for: Preparing maps showing the proposed locations for these services located within their City including estimating the quantities. Preparing the streets for markings in accordance with the specifications and coordinating with the contractors as to the timing of the actual work. Inspecting the contractors' work, measuring the quantities of work performed, approving and certifying the progress or final payments to contractors. Within ninety (90) days of written notification of a contract award, paying a percentage of each City's actual construction cost to Coon Rapids for legal and administrative costs on a sliding scale basis as follows: First $0 $50,000 2.0% $50,001 to $100,000 1.5% Over $100,000 1.0% 2 6. Payments. In accordance with the specifications, each contractor will submit a separate itemized invoice to each City for the work perfonned in that City. Each City shall pay invoiced amounts directly to the contractors and shall hold harmless Coon Rapids from any amounts owed. 7. Indemnification. The parties mutually agree to indemnify and hold each other harmless from all claims, demands, and causes of action of any kind of character, including the cost of defense thereof, resulting from the acts or omissions of their respective council members, officers, officials, agents and employees relating to activities conducted under this Agreement. 8. Termination. This Agreement will automatically terminate on March 15, 2005, and may not be terminated on the part of any City except a City may choose not to participate by not responding to any of the deadlines set forth in this Agreement or by opting out as provided in Section 4 herein. 9. Strict Accountability. A strict accounting shall be made of all funds, and reports of all receipts and disbursements shall be made upon request by any party hereto. 10. Representations. Each of the Citics represent that its governing body has duly authorized the execution and delivery hereof, and that upon such execution and delivery, this Agreement will be binding as against such party. 11. Miscellaneous. This Agreement constitutes the entire agreement of the parties on the matter related hereto. This Agreement shall not be altered or amended, except by agreement in writing signed by the parties hereto. if any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. This Agreement may be simultaneously executed in several counter partes, each of which shall be an original and all of which shall constitute but one and the 3 same instrument. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 12. No Joint Venture. This Agreement is entered into for the purpose of joint solicitation of bids and not for a joint undertaking of street maintenance projects. Street projects are not joint ventures of the parties and no City is liable or responsible for any claims for damages arising out of any such projects in another City. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the duly authorized officers of their respective governing bodies as of the day of January, 2004. CITY OF COON RAPIDS CITY OF ANDOVER By. By: Tim Howe, Mayor Mayor By: 13 Gerald G. Splinter, City Manager City Manager Approved as to form: Tammi Fredrickson, Assistant City Attorney CITY OF BLAINE CITY OF BROOKLYN CENTER By: By: Mayor Mayor By: By: City Manager City Manager 4 CITY OF COLUMBIA HEIGHTS CITY OF FRIDLEY By: By: Mayor Mayor By: By: City Manager City Administrator CITY OF SPRING LAKE PARK By: Mayor By: A d m i n i s t rat ar/ C 1 erk/Treas u rer 5 mu d 111 ,�L u1 +I�IIhI'II'1 po1 1 AI ►s N je 1 I I p, ui Iq rrr mm Nv� A n r: w .A��1 is l\ /IIIIIS IIII1111111- r X11 1 11�� II 'll ■.11111 J WWIII.■ c',_ ��IIUI Iw =0 011 .11111 111 iuulin►'' r n "ir;�! }lirpi �1� ..2'� .Mlle e i 1 ill I °Ir Ifnlrl r r tamid uaunaar@ [u ant r r reu Ar 911111. r u 4 M 11 11 e n an unw rry mm naeliryp .r C fin" C I ►s■,� 1 Ir �4j he nn uu mii J 1 E v c l •1�.1i1i ®L.,dr ma i uiu °:iin: h r 1I� a► 111 r� C a a t' mamas aaumn C ITI VIII 111 111111 111:.f 11111111 i J.—unf C7 1 9 11111111 umgll l� a auunr�; i C iI IQ u •.il `•tInIL 1--- 11111 /IIIe191a1 ►9111 111 rI III /•V iii iiiii� mom 11 III 1rn111111 I 1 nl 11 n iia. m a n 1 v /+►III /Ila b 11 I�iii1 �;nnuA� \1 ry I. 4 nub I 1.111;91 111 a. ail I 1 i. is Aa maq■ M. one nn III IIIIIIa11111 �i 6• i1 'i I IIII. 1..1 1 11 a 11 15.�■ 11 1 11 IIIe1 111111 ►i 1`` 1 11 I I l u11111111 /1111 IIIIO■ na[[ 1111 �Iiirinni i�;l i nI 9 u aaaff+inl Lei 1111111111111 ii 111 111 1 01 It Cy Council A b enda Item No. 9i BROOKLYN CENTER ;P ooKLYM CEN POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Bechthold, Chief of Police SUBJECT: Peacemaker Diversion Grant Authorization for Execution Resolution DATE: January 2, 2004 Enclosed please find the resolution for authorizing execution of the agreement for the Peacemaker Diversion Grant. The Peacemaker Diversion Grant is used to refer juveniles who commit misdemeanor crimes including shoplifting, theft, vandalism, fighting, fifth degree assault and curfew violations into the Brooklyn Peacemaker Center Juvenile Diversion program as a pre adjudication alternative. The purpose of this resolution is to authorize you, as City Manager of Brooklyn Center, to execute the agreement between the City and the Office of Justice Programs through the Minnesota Department. of Public Safety. Attachments: Resolution (1) State of Minnesota Grant Contract (3) SB /ed Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT FOR THE PEACEMAKER DIVERSION GRANT WHEREAS, be it resolved that the City of Brooklyn Center will enter into a cooperative agreement with the Office of Justice Programs in the Minnesota Department of Public Safety; and WHEREAS, City Manager Michael McCauley is hereby authorized to execute such agreements and amendments, as are necessary to implement the project on behalf of the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that City Manager Michael McCauley is authorized to execute the Peacemaker Diversion Grant. 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. MINNES DEP O F S OF PL"94 Office of Justice Programs aP 3 444 Cedar Street, "Suite 100, St. Paul, Minnesota 55101 -5100 Phone: 651/284 -3333 FAX: 651/284 -3317 TTY: 651/205 -4827> T� qlF OF MIN NE50 Internet: http: /www.ojpstate.mn.us December 11, 2003 Alcohol Gambling Enforcement Scott Bechthold, Chief of Police Bureau of City of Brooklyn Center Police Department Criminal 6645 Humboldt Avenue N Apprehension Brooklyn Center, MN 55430 Capitol Security Driver Vehicle RE: Grant #2004 -00055 Services Homeland Security Dear Chief Bechthold: and Emergency Management Enclosed are three copies of the grant agreement for the Brooklyn Peacemaker Center Justice Programs project. An original signature by your authorized official is required on each of the three copies. The following forms, also enclosed, are required in order to complete State Fire execution of this grant agreement: Marshal Pipeline Safety Resolution Authorizing Execution of Agreement State Patrol 0 Equal Employment Opportunity Plan (EEOP) Traffic Safety Certifications Regarding Lobbying; Debarment, Suspension and Drug -Free Workplace Requirements; #2 on the form is the Project Name from the Project Information Sheet and #3 on the form is your Federal Tax ID Please return all three signed copies of the grant agreement along with the other signed documents to me at the address listed above. After the grant agreement is fully executed, I will send you a copy for your files. If you should have any questions or need additional information, please contact me at (651) 284 -3334 or e -mail leah.lopez @state.mn.us Sincerely, Leah Lopez Office Administrative Specialist Enclosures EQUAL OPPORTUNITY EMPLOYER State of Minnesota Certification Regarding EQUAL EMPLOYMENT OPPORTUNITY PLAN (ESOP) Requirement for Sub Recipients of U.S. Office of Justice Grant Funds The following information is required by the U.S. Department of Justice to determine whether the GRANTEE is (a) exempt from EEOP development, (b) must have on an approved EEOP on file or (c) must submit an EEOP directly to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. Check the boxes below that are applicable to the grantee organization (fiscal agency). O Has 49 or fewer employees Exempt from EEOP O Receives less than $25,000 in federal Office of Justice Exempt from EEOP grants or subgrants O Has 50 or more employees; AND Maintain an EEOP on file for review by received a total of $25,000 or more in federal Office of Office of Justice Programs, if requested Justice grants or subgrants; AND have 3 percent or more minorities in service population (however, if less than 3 percent minorities in service population, an EEOP must still be prepared, but must focus on employment practices affecting women only). O Has 50 or more employees; AND Submit an EEOP to the Office for Civil received over $500,000 (or $1 million during an 18 month Rights, Office of Justice Programs, U.S. period) or more in federal Office of Justice grants or Department of Justice, 810 Seventh Street subgrants; AND N.W., Washington, D.C. within 60 days have 3 percent or more minorities in service population of award. (Include the grant number, (however, if less than 3 percent minorities in service award amount, and start and end dates) population, an EEOP must still be prepared, but must focus on employment practices affecting women only). As the duly authorized representative of the GRANTEE, I hereby certify that the GRANTEE will comply with EEOP regulations contained in 28 CFR 42.301 et seq., subpart E. Date Grantee Organization Authorized Representative Signature EEOP Contact Person Name and Address: Telephone Number: Return this form to: Office of Justice Programs, Minnesota Department of Public Safety, 444 Cedar Street, Suite 100, Town Square, St. Paul, MN 55101 -5100. For assistance in developing an EEOP, contact a Compliance Specialist at the Office for Civil Rights 202 307 -0690. S: \ODP\ODP \OJP GRANTS AMENDMENTS \FORMS \GRANT ATTATCHMENTS FEDERAL EEOP.DOC 12%97 Cos U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonpro- curement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and Public (Federal, State, or local) transaction or contract under a implemented at 28 CFR Part 69, for persons entering into a Public transaction; violation of Federal or State antitrust statutes grant or cooperative agreement over $100,000, as defined at or commission of embezzlement, theft, forgery, 28 CFR Part the applicant certifies that: bribery, falsification or destruction of records, making false statements or receiving tolen property; 9 P P Y, (a) No Federal appropriated funds have been paid or will be (c) Are not presently indicted for or otherwise criminally or paid, by or on behalf of the undersigned, to any person for in- civilly charged by a governmental entity (Federal, State, or fluencing or attempting to influence an officer or employee of any local) with commission of any of the offenses enumerated in agency, a Member of Congress, an officer or employee of paragraph (1)(b) of this certification; and Congress, or an employee of a Member of Congress in con nection with the making of any Federal grant, the entering into (d) Have not within a three -year period preceding this applica- of any cooperative agreement, and the extension, continuation, tion had one or more public transactions (Federal, State, or renewal, amendment, or modification of any Federal grant or local) terminated for cause or default; and cooperative agreement; B. Where the applicant is unable to certify to any of the (b) If any funds other than Federal appropriated funds have P statements a ements in this certification, he or she shall attach an been paid or will be paid to any person for influencing or at- explanation to this application. tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress g ess in connection with this 3. DRUG -FREE WORKPLACE Federal r anf or cooperative agreement, 9 P 9 the undersigned shall (GRANTEES OTHER THAN INDIVIDUALS) complete and submit. Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; As required by the Drug -Free Workplace Act of 1988, and (c) The undersigned shall require that the language of this cer- implemented at 28 CFR Part 67, Subpart F, for grantees, as tification be included in the award documents for all subawards defined at 28 CFR Part 67 Sections 67.615 and 67.620 at all tiers (including subgrants, contracts under grants and A. The applicant certifies that it will or will continue to provide cooperative agreements, and subcontracts) and that all sub- a drug -free workplace by: recipients shall certify and disclose accordingly. (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or 2. DEBARMENT, SUSPENSION, AND OTHER use of a controlled substance is prohibited in the grantee's RESPONSIBILITY MATTERS workplace and specifying the actions that will be taken against employees for violation of such prohibition; (DIRECT RECIPIENT) (b) Establishing an on -going drug -free awareness program to As required by Executive Order 12549, Debarment and inform employees about Suspension, and implemented at 28 CFR Part 67, for prospec- (1) The dangers of drug abuse in the workplace; tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510— (2) The grantee's policy of maintaining adrug -free workplace; A. The applicant certifies that it and its principals: (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (a) Are not presently debarred, suspended, proposed for debar- (4) The penalties that may be imposed upon employees for ment, declared ineligible, sentenced to a denial of Federal drug abuse violations occurring in the workplace; benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department (c) Making it a requirement that each employee to be engaged or agency; in the performance of the grant be given a copy of the state- (b) Have not within athree -year period preceding this applica- ment required by paragraph (a); tion been convicted of or had a civil judgment rendered against (d) Notifying the employee in the statement required by para- them for commission of fraud or a criminal offense in connec- graph (a) that, as a condition of employment under the grant, tion with obtaining, attempting to obtain, or performing a the employee will OJP FORM 406116 (3 -91) REPLACES OJP FORMS 4061/2,4061/3 AND 406114 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Check if there are workplaces on file that are not iridentified (e) Notifying the agency, in writing, within 10 calendar days here. after receiving notice under subparagraph (d)(2) from an Section 67, 630 of the regulations provides that a grantee that employee or otherwise receiving actual notice of such convic -tion. is a State may elect to make one certification in each Federal Employers of convicted employees must provide notice, including fiscal year. A copy of which should be included with each ap- position title, to: Department of Justice, Office of plication for Department of Justice funding. States and State Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, agencies may elect to use OJP Form 4061/7. N.W., Washington, D.C. 20531. Notice shall include the iden- tification number(s) of each affected grant; Check if the State has elected to complete OJP Form (f) Taking one of the following actions, within 30 calendar 406117. days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted— DRUG -FREE WORKPLACE (1) Taking appropriate personnel action against such an (GRANTEES WHO ARE INDIVIDUALS) employee, up to and including termination, consistent with the As required by the Drug -Free Workplace Act of 1988, and requirements of the Rehabilitation Act of 1973, as amended; or implemented at 28 CFR Part 67, Subpart F, for grantees, as (2) Requiring such employee to participate satisfactorily in a defined at 28 CFR Part 67; Sections 67.615 and 67.620— drug abuse assistance or rehabilitation program approved for A. As a condition of the grant, I certify that I will not engage such purposes by a Federal, State, or local health, law enforce- in the unlawful manufacture, distribution, dispensing, posses ment, or other appropriate agency: sion, or use of a controlled substance in conducting any (g) Making a good faith effort to continue to maintain a drug- activity with the grant; and free workplace through implementation of paragraphs (a), (b), B. If convicted of a criminal drug offense resulting from a (c), (d), (e), and (f). violation occurring during the conduct of an 9 9 y grant activity, I B. The grantee may insert in the space provided below the will report the conviction, in writing, within 10 calendar days site(s) for the performance of work done in connection with of the conviction, to: Department of Justice, Office of Justice the specific grant: Programs, ATTN: Control Desk, 810 Seventh Street NW., Place of Performance (Street address, city, county, state, zip Washington, DC 20531. code) As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: 2. Application Number and /or Project Name 3. Grantee IRSNendor Number 4. Typed Name and Title of Authorized Representative 5. Signature 6. Date 'U.S. Govemment Ptinfing Office: 1996 405 -037/40014 STATE OF MINNESOTA GRANT CONTRACT 11fthis grant contract is between the State of Minnesota, acting through its Commissioner of Public Sa €etv. Office of Justice NYroQrams, 444 Cedar Street. Suite 100. St. Paul. MN 55101 -5100 State and City of Brooklvn Center. 100 "State") Police Department. 6645 Humboldt Avenue N. Brooklvn Center. MN 55430 "Grantee Recitals 1 Under Minn. Stat. 6 299.A.01. Subd 2 (4). the State is empowered to enter into this grant contract. 2 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. 3 Federal funds for this grant contract are provided from the Public Law 107 -273, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act and Title R of Juvenile Justice and Delinquency Prevention Act of 1974, as amended, for the purpose of supporting delinquency prevention and intervention efforts and juvenile justice system improvements. The State is in need of specific projects that fulfill this purpose.. Grant Contract 1 Term of Grant Contract 1.1 Effective date. January 1. 2004, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration data December 31. 2004- or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. Grantee's Duties 2.1 The Grantee, who is not a state employee, will perform all of the duties and.tasks specified in the Grantee's grant application for this program, which is on file with the State and located at 444 Cedar Street, Suite 100, St. Paul, Minnesota. 2.2 The Grantee will submit written reports to the State on a quarterly basis. Other requirements, if necessary and agreed to by both parties to this grant contract will be iven to the Grantee in writing b the State's Authorized g g Y Representative. 3 Time The Grantee must comply with all the time p y e requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed $44.000.00. according to the breakdown of costs contained in Exhibit A, which is attached and incorporated into this grant contract. The Grantee will submit a revised budget for any deviation of at least 10% or $200.00, whichever is greater, between approved budget lines in Exhibit A and the revised budget must be approved by the State's Authorized Representative before any expenditures can be made based on the revised budget. (2) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will be paid in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations which is incorporated into this grant contract by reference. The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for Title R 1 03P Grant Number 2004 -00055 out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (3) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the grant contract, will be met by the Grantee: $21.560.00. (4) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $44.000.00. 4.2 Payment (1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: Itemized invoices will be filed in arrears at least quarterly. but DOt more often than monthly. and within 30 days of the period covered by invoice for services satisfactorilv performed. Expenditures for each state fiscal year of this grant contract must be for services performed within the applicable state fiscal year. Every state fiscal year begins on July 1 and ends on June 30. The final invoice nertaining_ to each state fiscal vear of this Prant contract must be received by July 31 of that calendar vear. Reimbursements from the next fiscal vear(s) may commence on or after July 1 of that calendar vear. The final invoice must be received no later than 45 days after the expiration date of this Brant contract. 4.3 Federal requirements. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through.CFDA 16.540. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. The Grantee will comply with the Single Audit Amendments of 1996 and Office of Management and Budget Circular A -133. An explanation of the Federal Audit Requirements is attached and incorporated and made apart of this grant contract. See Exhibit B. The Grantee agrees to comply with all Formula Grants Program requirements as outlined in the Juvenile Justice and Delinquency Prevention Act, as amended in 1992; the most recent OJJDP Formula Grants Consolidated Regulation (28 CFR Part 31), December 10, 1996; and other applicable guidelines. The Grantee agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. The Grantee assures that federal funds made available under this grant contract will not be used to supplant state or local funds but will be used to increase the amounts of such funds that would, in absence of federal funds, be made available for criminal justice activities. The Grantee will comply with provisions of Federal law which limit certain political activities of employees of a local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants (5 USC 1501, et seq.). The Grantee will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act. The Grantee will establish safeguards to prohibit employees from using their positions fora purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. The Grantee assures that in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against the Grantee or its subcontractors, the Grantee will forward a copy of the fording to the State. Title U OJP Grant Number 2004 -00055 2 The Grantee assures that it will comply, and all its subcontractors will comply, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims or Crime Act, as appropriate, the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. The Grantee will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance programs. The Grantee assures that it will comply, and all its subcontractors will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A; Title H of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Non- Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. This grant contract is subject to all applicable federal and state statutes and regulations, including, but not limited to the following: 1) 28 CFR Part 69, New Restrictions on Lobbying, and 28 CFR Part 67, Government -Wide Debarment and Suspension and Government -Wide Requirements for Drug -Free Workplace through the submission of a certification form committing the Grantee to compliance. 2) 28 CFR 42.302 et.seq. through the submission of a certification form regarding the Grantee's Equal Opportunity Employment Plan compliance. The Grantee will provide an Equal Employment Opportunity Plan if required to maintain one, where the application is for $500,000 or more. 3) 28 CFR Part 46 and all federal Office of Justice Programs policies and procedures regarding the protection of human research subjects. 4) 42 USC Section 3789g and 28 CFR Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees to submit a Privacy Certificate that is in accord with requirements of 28 CFR Part 22 and, in particular, section 22.23. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Carrie Waslev. Youth Programs Specialist Senior. 444 Cedar Street. Suite 100. St. Paul. MN 55101 -5100. (651) 296 -2684; or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Scott Bechthold. Chief of Police. Citv of Brooklvn Center. Police Department. 6645 Humboldt Avenue N. Brooklvn Center. MN 55430. (763) 569 -3333. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. Title II 3 OJP Grant Number 2004 -00055 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either ply. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 10 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat, 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal Title it OR Grant Number 2004 -00055 4 proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Insufficient Funding. The State may immediately terminate this grant contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving that notice. 15 Data Disclosure Under Minn. Stal.§ 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any, or pay other state liabilities. 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. ff 16A.15 and 16C.05. O ped: By: Date: (with delegated authority) Title: Grant Contract No.: 9300 1016/2004 -00055 Date: 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. B Title: Date: By: Title: Date: Distribution: Agency Grantee State's Authorized Representative Title II OJP Grant Number 2004 40055 5 EXHIBIT A ��NZ Pu s OFFICE OF JUSTICE PROGRAMS r P q� of mor%4 �C Grantee: City of Brooklyn Center Police Department Program: Peacemaker Diversion c am'„ Salaries $20,080.00 $11,000.00 Benefits I $1,570.001 $850.00 Contracted Services 1 $9,250.001 $6,645.00 Travel Space 1 $5,375.001 $1,925.00. Supplies 1 $1,725.001 $250.00 Equipment I Indirect Cost I $2,000.001 $890.001 Other Expenses I $4,000.00 IL Page 1 of 1 S: \ODP \ODP \OJP Grants Amendments \GRANTS \Title V\2004 -00055 Peacemaker Summary.doc EXHIBIT B Page 1 of 2 FEDERAL AUDIT REQUIREMENTS 1. For subrecipients who are state (includes Indian tribes) or local governments If the grantee expends total direct and indirect federal assistance of. Equal to or in excess of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (Public Law 98 -502) and the federal Office of Management and budget (OMB) Circular A -133. The law and circular provide that the audit shall cover the entire operations of the grantee government or, at the option of the grantee government, it may cover departments, agencies or establishments that received, expended, or otherwise administered federal financial assistance during the year. Audits shall be made annually unless the State or local government has, by January 1, a constitutional or statutory requirement for less frequent audits. For those governments, the cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual, but only for fiscal years beginning before January 1, 1987. 2. For subrecipients who are institutions of higher education, hospitals, or other nonprofit organizations -If the grantee expends total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A -133. The audit must be an organization wide audit, unless it is a coordinated audit in accordance with OMB Circular A -133. However, when the $300,000 or more was expended under only one program, the subrecipient may have an audit of that one program. Audits shall usually be made annually, but not less frequently than every two years. 3. All audits shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's Standards for Audit of Governmental Organizations, Programs, Activities, and Functions. 4. Audit reports shall state that the audit was performed in accordance with the provisions of OMB Circular A -133 as applicable. The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accounts' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 62, "Special Reports," as applicable. EXHIBIT B Page 2 of 2 The reporting requirements 9 q is for audit reports on compliance and internal controls shall be in accordance with AICPA'S SAS 63, "Compliance Auditing Applicable to Governmental Entities and Other Recipients of Governmental Financial Assistance" and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and Local Governmental Units." In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary a statement describing the reason it is not should accompany the audit t re y rt. 5. The grantee agrees that the raptor, the independent auditor designated by the gra for shall have such access o t grantee's o records and financial statements as may be necessary for the grantor to comply with the Single Audit Act and OMB Circular A -133, as applicable. 6. Grantees of federal financial assistance from subrecipients are. also required to comply with the Single Audit Act and the OMB Circular A -133, as applicable. 7. The grantee agrees to retain documentation to support the schedule of federal assistance. 8. Required audit reports must be filed with the Office of the State Auditor, Single Audit Division and with the Department of Public Safety within six months of the grantee's fiscal year end. The Department of Public Safety's audit report should be addressed to: Minnesota Department of Public Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101 -5126 9. Recipients expending more than $300,000 in federal funds are to submit one copy of the audit report within 30 days after issuance to the clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse City ouncil Agenda Item No. 9' Y J BROOKLYN CENTER OKLYN CEpT POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Bechthold, Chief of Police SUBJECT: Value Food Market DATE: January 2, 2004 Attached is an executed original copy of the resolution and consent order agreed to by Value Food Market for the violation at their facility on May 20, 2002. I would recommend that this be put on the next City Council agenda for approval. Following approval, Charles LeFevere will notify Mr. Gerges and request payment. /sb Attachment RESOLUTION NO. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY WHEREAS, the city of Brooklyn Center (the "City has issued licenses for the sale of alcoholic beverages to Value Food Market (the "Licensee and WHEREAS, an illegal activity occurred on the licensed premises of the Licensee on May 20, 2002, specifically, sale of alcoholic beverages to a person under the age of 21 by an employee of Licensee in violation of Minnesota Statutes. 340A.503, Subd. 2 (1) (the "Violation and WHEREAS, the occurrence of the Violation is not disputed by the Licensee; and WHEREAS, the City Council regards such activities as very serious matters warranting the sanctions hereinafter set forth; and WHEREAS, the Licensee has, to date, maintained a liquor establishment that has been relatively free of criminal activity relating directly to the sale of alcohol; and WHEREAS, the Licensee has been generally cooperative in the investigation of this matter, has demonstrated a willingness and desire to work with City staff in resolving this matter without putting the City to the expense of an administrative hearing, has expressed an understanding of the seriousness of the offenses, and has committed to ensuring that such offenses do not recur; and WHEREAS, Licensee has identified personnel policies and training, operational practices, and other means intended to minimize or eliminate such violations in the future and to assure a safe, responsible and lawful liquor operation, which have been set forth in written policies and procedures adopted by Licensee, a copy of which is attached hereto as Attachment One, and hereby made a part hereof (hereinafter the "Policies and Procedures and WHEREAS, Licensee has represented, and by execution of a copy of this consent order agreed, that it will faithfully and fully comply with all of the Policies and Procedures set forth in Attachment One; and WHEREAS, on the basis of such representation and agreement by Licensee and assuming continuing compliance therewith, the City is willing to limit sanctions for the Violations to a civil penalty in the amount of One Thousand Dollars ($1,000); and WHEREAS, were it not for such representation and agreement of continuing compliance with the Policies and Procedures by Licensee, the City would not be willing to so limit sanctions CLL- 221179v 1 BR291 -20 and is doing so solely on the basis of such representation and agreements of Licensee and on the basis of the agreement by Licensee that the matter of the sanctions to be imposed for the Violations may be reopened and reconsidered, pursuant to Minnesota Statutes. 340A.415, in the event Licensee fails to comply fully with all of the Policies and Procedures at any time during the three (3) year period following the date of this Resolution, all as hereinafter provided; and WHEREAS, the Council has determined that this Consent Order, resolving issues relating to sanctions to be imposed by reason of the above- described violations is reasonable, necessary and in the best interests of the public; and WHEREAS, the Licensee has freely agreed to waive a statement of written charges and a hearing thereon and to pay the civil penalty hereinafter described, for the consideration set forth herein. The Licensee acknowledges and agrees that it freely executed this agreement, without threat of criminal prosecution, for the purpose of avoiding a public hearing and resolving issues relating to sanctions to be imposed by the City as the licensing authority, pursuant to Minn. Stat. 340A.415. ON THE BASIS OF THE FOREGOING, THEREFORE, IT IS RESOLVED THAT THE CITY COUNCIL ORDERS AND AGREES AS FOLLOWS: 1. The Licensee will pay to the City Finance Director, within ten days of receipt of written notification of approval of this Consent Order by the City Council, the sum of One Thousand Dollars ($1,000). 2. The Licensee waives a written statement of charges, notice of hearing and hearing to which it is entitled by Minn. Stat. 340A.415. 3. The Licensee admits the occurrence of the Violation. 4. The City will impose, as the sole civil sanction for the Violations, a civil penalty in the amount of $1,000 payable as set forth in paragraph 1 hereof. This agreement shall not limit the right of the City to pursue civil remedies or to take any action with respect to the license that is authorized by state law or City Code for any activity to which this agreement does not specifically apply and that is a violation of state law or City Code. 5. Except as provided in paragraph 6, in the event of future violations of state law or City Code by Licensee, no additional penalty shall be imposed for unlawful activity covered by this agreement. However, admissions of unlawful activity described herein may be taken into consideration in determining appropriate sanctions in any future cases. 6. In the event the City Council determines that Licensee has failed to comply fully with the Policies and Procedures at any time during the three year period following the date of this Resolution, Licensee agrees that the City may revoke or suspend the Licensee's license or impose civil penalties for the Violations pursuant to Minnesota Statutes. 340A.415, provided CLL- 221179v BR291 -20 the total penalty, including the penalty agreed to pursuant to paragraph 1 hereof, shall not exceed amounts authorized by law. 7. Licensee understands and agrees: a. That this agreement does not constitute an agreement not to bring criminal charges for activities described herein; b. That a decision whether to bring any charges rests within the discretion of the City prosecuting attorney, the County attorney, or other authorized law enforcement agencies; C. That the Licensee freely enters into this agreement without any promises from _the, City that no criminal charges will be brought; d. That this agreement is entered into for the sole purpose of resolving and settling any potential civil sanctions imposed pursuant to Minn. Stat. 340A.415, and not for the purpose of resolving or settling any potential criminal issues; and e. That in the event criminal charges are brought against the undersigned, the Licensee or any of its employees for activities described herein, Licensee will not contest the validity of this agreement, repudiate, or otherwise challenge this agreement in any way, by reason of the initiation or prosecution of such criminal proceedings. VALUE FOOD MARKET B Its Pies i� By Order of the City Council of the City of Brooklyn Center this day of 2003. ATTEST: Mayor City Clerk CLL -221 l 79v BR291 -20 JAN -O7 -2003 01:50PM FROM- BROOKLYN CENTER POLICE +7635610717 T -545 P.003/003 F -533 VALUE FOOD Cashier Procedures Sale and Handling of Alcoholic Beverages and Tobacco Products As a cashier of Value Food you have an important responsibility to learn and adhere to The rules and regulations concerning the sale of alcohol and tobacco products. if you do not follow the -rules concerning -the •sale of -these products you may be- fined. Your behavior also has consequences for the store. Failure to follow the rules could lead to revocation or suspension of our license, or our license might not be renewed by local authorities. The folkodng is a list of the males you must follow when selling alcohol: I. No person under 18 years can sell any alcoholic beverages. If you are 18 or older. simnly scan or ring the item. If you are under 18.. You must call the manager on dutv to Your reeister to scan or ring the item for You. The law does not allow the customer to scan or ring the item. 2. No person under the legal age of 21 years old can buy any alcoholic beverages. If a customer looks 30 years or younger, you must ask for identification for proof of age. An acceptable form of ID would be a cunrent driver's license with a picture. 3. When verifying the picture ID, match the picture with the person presenting the ID and check the expiration date. An expired license is not acceptable. An altered ID is also not acceptable. Value Food policy states that a failure to adhere to these policies will result in severe disciplinary action up to and including dismissal. You cannot sell liquor to an intoxicated person. 4. Alcoholic beverages may be sold ONLY during the following hours: Monday through Saturday 8A.M. 11P.M. Sunday 12 Noon 11 P.M. 5. The giving away of alcoholic beverages is illegal. REMEMBER, you have a legal obligation to refuse to sell alcoholic beverages to anyone unable to produce a proper ID, or who you feel is already intoxicated. Keep in mind, we do not want to offend the customer, if you or the customer has any questions, call the Manager on duty. Name: Signature: Date: ATTACHMENT ONE City Council Agenda Item loo. 9k Agenda City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Lan iesen and Peppe FROM: Michael J. McCauley, City Manage DATE: January 8, 2004 SUBJECT: 2004 Contract with Local 82 of Law En rcement Labor Services Local 82 representing Police Officers and Detectives provides for the same increase in wages as negotiated with Local 49 representing Public Works employees and adopted for non -union employees. That increase is 2% January 1 St and 1% on July 1 The same cafeteria plan contribution of $590 as provided for the other employees is contained in the agreement. One minor change in language would allow a senior officer to opt out of serving as senior officer in charge in the event there was not a sergeant or other management in charge of a shift. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2004 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 LELS Local 82 (Police Officers) for a contract for the year 2004 as attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to execute the attached contract with LELS Local 82 (Police Officers) for calendar year 2004 with such language changes as may be necessary to clarify any terms, provided such language changes do not change the substance or monetary compensation set forth in the attached contract. 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, 2004. 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. Master Labor Agreement Between City of Brooklyn Center And Law Enforcement Labor Services, Local Number 82 (Police Officers) January 1, 2004 December 31, 2004 TABLE OF CONTENTS ARTICLE PAGE 1 Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Employer Security 2 5 Employer Authority 2 6 Union Security 2 7 Savings Clause 2 8 Constitutional Protection 2 9 Seniority 3 10 Work Schedules 4 11 Discipline 4 12 Employee Rights Grievance Procedure 5 13 Overtime 7 14 Court Time 8 15 Call Back Time 8 16 Working Out of Classification 8 17 Standby Pay 8 18 Leaves of Absence 8 19 Severance 9 20 Injury on Duty 9 21 False Arrest Insurance 9 22 Training 10 23 Post License Fees 10 24 Uniforms 10 25 Longevity and Educational Incentive 10 26 Holiday Leave 11 27 Vacation Leave 11 28 Sick Leave 12 29 Insurance 13 30 Wage Rates 14 31 Benefits for Retirees 15 32 Mileage and Expense Reimbursement 15 33 Light Duty 15 34 Agreement Implementation 15 35 Waiver 16 36 Duration 16 ARTICLE 1— Purpose of Agreement This Agreement is entered into between the City of Brooklyn Center, hereinafter called the Employer, and Law Enforcement Labor Services, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2 Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under the Minnesota Public Employment Labor Relations Act, for all police personnel in the following job classifications: Detective Police Officer 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 Definitions 3.1 UNION: Law Enforcement Labor Services. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services. 3.3 DEPARTMENT: The City of Brooklyn Center Police Department. 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.5 EMPLOYER: The City of Brooklyn Center. 3.6 CHIEF: The Chief of the Brooklyn Center Police Department, 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services (Local No. 82). 3.8 DETECTIVE: An employee specifically assigned or classified by the Employer to the job classification and/or job position of Detective. 3.9 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAKS: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.13 REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for detective and school liaison officer excluding any other special allowance. 3.14 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. 1 ARTICLE 4 Employer Security The Union agrees that during the life of this Agreement the Union will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of or interference with the normal functions of the Employer. ARTICLE 5 Employer Authority 5.1 The Employer retains the full and unrestricted right too operate and manage all g P g facilities, and equipment; to establish functions and programs; to set and amend budgets; to P g 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. 5.2 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 6 Union Security 6.1 The Employer shall deduct the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7 Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Brooklyn Center. In the event any provision of the 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 provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 8 Constitutional Protection Employees shall have the rights granted to all citizens by the United States and Minnesota Constitutions. 2 ARTICLE 9 Seniority 9.1 Seniority shall be determined by continuous length of service in all of the job classifications covered by this Agreement. Employees promoted from classifications covered by this Agreement to a position outside the bargaining unit will continue to accrue seniority under this Agreement until the completion of their promotional probationary period or for no longer than twelve (12) months. The seniority roster shall be based on length of service in all of the job classifications covered by this Agreement. Employees lose seniority under this Agreement under the following circumstances: resignation, discharge for cause, or transfer or promotion to a classification not covered by this Agreement after completion of the promotional probationary period or for no longer than twelve (12) months after transfer or promotion. 9.2 There shall be an initial probationary period for new employees of twelve (12) months. During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted .or reassigned employee may be replaced in their previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. The Employer shall give the Union and the employees at least two (2) weeks written notice in advance of any layoff. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of the layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments, and promotions when the job- relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full -time employment. Except as noted in the preceding sentence, shift assignments shall be bid on the basis of seniority on April 1 for the period May 1 through October 31 and October 1 for the period November 1 through April 30, or after a permanent change in the work schedule. A permanent change in the work schedule will not result in re- bidding the work schedule if the permanent change in the work schedule would be effective within 90 days of April 1 or October 1. If the work schedule is to be re -bid by virtue of a permanent change in the work schedule, shift assignments will be re -bid within 30 days after any permanent change in the work schedule. Employees will not be subject to shift rotation more often than every four (4) months. 9.6 The Employer shall recognize reverse seniority by classification as the primary factor when calling off -duty employees to duty and when considering scheduled duty changes if such employees are qualified. 9.7 One continuous vacation period shall be selected on the basis of seniority until April 1 of each calendar year. 9.8 The Employer shall recognize seniority as the primary factor when authorizing holiday leave and compensatory time leave. 3 9.9 No time shall be deducted from an employee's seniority accumulation due to absences occasioned by an authorized leave with pay, layoffs of less than two (2) years in duration, or any military draft or government call -up to Reserves or National Guard. ARTICLE 10 Work Schedules 10.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each employee through: a. hours worked on assigned shifts, b. holidays, C. assigned training, and d. authorized leave time. 10.2 Authorized leave time (including holiday hours) is to be calculated on the basis of the actual hours used for such leave based on the time that the employee would otherwise have been scheduled to work. 10.3 Nothing in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. ARTICLE 11 -Discipline 11.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a. oral reprimand; b. written reprimand; C. suspension; d. demotion; or e. discharge. 11.2 Suspension, demotions, and discharges will be in written form. 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 11.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer. 11.5 A single disciplinary action for failure to attend training, court or tardiness will be removed from the personnel file after 18 months if, during that time, the single incident of discipline for failure to attend training, court or tardiness, is the only occurrence of discipline during that 18 month period. 11.6 Discharges will be preceded by a five (5) day suspension without pay. 11.7 For u oses of discipline, a day will mean eight 8 P rP P Y g hours. 4 11.8 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 11.9 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article 12. ARTICLE 12 Employee Rights Grievance Procedure 12.1 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. 12.2 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 as provided by 6.2 of this Agreement. 12.3 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 a 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 working hours provided that 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. 12.4 Procedure Grievances, as defined by Section 12. 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 nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, 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. Stern 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 5 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. Sten 3. If appealed, the written grievance shall be presented by 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 to Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Sten 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual Agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timelines for Step 4 of the grievance procedure. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days of mediation shall be considered waived. Step 4. A grievance unresolved in Step 3 or Step 3a and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 12.5 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 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. 6 12.6 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 written Agreement of the Employer and the Union in each step. ARTICLE 13 Overtime 13.1 Employees will be compensated at one and one -half (1 times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest six (6) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested b the Employer g q Y unless unusual circumstances prevent the employee from so working. 13.7 When uniformed patrol employees have less than twelve (12) hours of duty-free time between assigned shifts, they will be compensated at a rate of one and one -half (1 %z) times the employee's regular base pay rate for the next shift. For purposes of this Article, shift extensions, elected overtime, voluntary changes of shifts, City- contracted work, training, and court time are considered as duty-free time. The twelve (12) hour requirement may be waived by mutual Agreement between the Employee and the Police Administration. 13.8 As an option to monetary compensation for overtime, an employee may elect compensatory time off at a rate of one and one -half (1 ''/2) time. An employee's compensatory time bank shall not exceed forty (40) hours at any time during a calendar year. On or about December 1 of each year, the City will pay off by check the balance of compensatory time accumulated by each police officer. No compensatory time will be accumulated or used during the month of December. Special overtime duty assignments made available to all positions by the Chief of Police at the police officer's rate of compensation will not be eligible for compensatory time. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer designated supervisor. 13.9 Employees given less than sixteen (16) hours notice of a scheduled duty change other than their regularly scheduled work period shall be compensated at one and one -half (1 /z) times the employee's regular pay rate for hours worked outside of the scheduled work period. 7 ARTICLE 14 Court Time An employee who is required to appear in court during their scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one -half (1 '/2) times the employee's base pay rate. An employee reporting to court after a scheduled dog -watch shift or any other shift ending between 0300 and 0600 hours shall receive a minimum of three (3) hours pay at one and one -half (1 times the employee's base pay rate. An extension or early report to a regularly scheduled shift for court appearance does not qualify the employee for the two (2) hour minimum. Employees shall not be required to work office or street duty to qualify for the court time minimum. 14.1 Any employee who is on their scheduled days off and is canceled from a court appearance with less than twelve hours notice, shall receive the short notice provision of Article 14. 14.2 Any employee who is canceled from a court appearance with less than twelve hours notice during their scheduled work week, shall not be eligible for the short notice provision of Article 14. 14.3 Any employee who appears in court during their scheduled work week shall be paid the Article 14 minimum or the actual time spent, whichever is greater. 14.4 Any employee who is placed on stand -by for court should retain a copy of the notice placing them on stand -by, or obtain the name of the person placing them on stand -by. The employee will be paid the Article 14 minimum or Article 17 pay, whichever is greater. ARTICLE 15 Call Back Time An employee who is called to duty during their scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one -half (1 '/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hours minimum. ARTICLE 16 Working Out Of Classification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 17 Standby Pay Employees required by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. ARTICLE 18 Leaves of Absence 18.1 In cases of demonstrated need and where sick leave has not been abused, the Employer shall grant to employees a leave of absence without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence, the Employer will not permanently fill the employee's position and the employee's benefits and rights shall be retained, 8 18.2 An employee called to serve on a jury shall be reimbursed the difference between the amount paid for such service (exclusive of travel and expense pay) and compensation for regularly scheduled working hours lost because of jury service. 18.3 Employees ordered by proper authority to National Guard or Reserve Military Service not exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence without loss of status. Such employees shall receive compensation from the Employer equal to the difference between his regular pay and the lesser military pay. 18.4 Employees called and ordered by proper authority to active military service in time of war or other properly declared emergency shall be entitled to leave of absence without pay during such service. Upon completion of such service, employees shall be entitled to the same or similar employment of like seniority, status, and pay as if such leave had not been taken, subject to the specific provisions of state and federal law. 18.5 Members of the bargaining unit will receive such additional leaves as provided for under State or Federal law, as the same laws may be amended from time to time. 18.6 Additional leaves of absence may be granted in the City Manager's discretion upon the same terms and conditions as then applicable to non -Union employees pursuant to the City's Personnel policy applicable to non Union employees at the time of application for a leave of absence. ARTICLE 19 Severance 19.1 An employee shall give the Employer two (2) weeks notice in writing before terminating his employment. 19.2 Severance pay in the amount of one -third (1/3) the accumulated sick leave employees have to their credit at the time of resignation or retirement, times their respective regular pay rate, shall be paid to employees who have been employed for at least five (5) consecutive years. If discharged for just cause, severance pay shall not be allowed. ARTICLE 20 Injury on Duty Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the employee's regular pay and Workers' Compensation insurance payments for a period not to exceed 720 hours per injury, not charged to the employee's vacation, sick leave, or other accumulated paid benefits, after a three (3) working day initial waiting period per injury. The three (3) working day waiting period shall be charged to the employee's sick leave account less Workers' Compensation insurance payments. ARTICLE 21 False Arrest Insurance The City of Brooklyn Center shall maintain liability insurance that includes a provision for unlawfully detaining an individual when an employee is acting within the scope of their duties on behalf of the City of Brooklyn Center. 9 ARTICLE 22 Training 22.1 The Employer shall reimburse each employee who is required to maintain a license as a law enforcement officer under Minnesota Statutes, Section 626.84, et seq., for actual expenses of tuition, meals, travel, and lodging incurred in meeting the continuing education requirements of the Minnesota Police Officers Standards and Training Board, not to exceed 48 hours of such training every three (3) years. The Employer need not make such reimbursement for attendance at a course located less than sixty (60) miles from the City of Brooklyn Center and such reimbursement shall not exceed similar allowances for state employees. If the Employer provides in- service training to its employees which meets the continuing education requirements of the Minnesota Police Officers Standards and Training Board, and if the Employer provides its employees with an opportunity to attend such in- service training courses, to the extent that such opportunity is provided to each employee, the obligation of the Employer to reimburse such employee for expenses incurred in attending continuing education courses shall be reduced. 22.2 The Employer shall pay each employee a minimum of their regular salary for all scheduled course hours while attending Employer approved or Employer required continuing education courses, whether or not such courses attended are in- service training courses or courses given by instructors other than the Employer. Should a course exceed the scheduled course hours, the Employer shall pay the employee for the actual hours in attendance. ARTICLE 23 Post License Fees The Employer shall pay up to $90 for the cost of POST license fees for all employees requiring such license during each license period. ARTICLE 24 Uniforms The Employer shall provide required uniform and equipment items. In addition, the Employer shall pay to the uniformed officers a maintenance allowance of $115.00 per year. Plainclothes officers, including the trainee, shall be paid a clothing allowance of $525.00 per year. ARTICLE 25 Longevity and Educational Incentive 25.1 After twelve (12) years of continuous employment, each employee shall choose to be paid supplementary pay of $103 per month or supplementary pay based on educational credits as outlined in 25.4 of this Article. 25.2 After sixteen (16). years of continuous employment, each employee shall choose to be paid supplementary pay of $181 per month or supplementary pay based on educational credits as outlined in 25.4 of this Article. 25.3 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 25.4 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of: Bachelor's Degree $103 per month Master's Degree $181 month 10 ARTICLE 26 Holiday Leave 26.1 Employees shall receive eight (8) hours of holiday leave per month. Ninety -six (96) hours of holiday leave shall be advanced to employees on January l" of each calendar year beginning on January 1 St 2002. In the event an employee is not employed for the entire calendar year, the employee's holiday leave shall be reduced by eight (8) hours for each full month that the employee will not have worked in that calendar year. 26.2 Employees may use holiday leave with the approval of the Employer. 26.3 An employee who works on New Year's Day, 111dependence Day, Labor Day, Thanksgiving Day, Christmas Day, Memorial Day, Veteran's Day, Columbus Day, Martin Luther King Day, or President's Day shall receive one and one -half (1 t lz) times the employee's regular pay rate for all hours actually worked during the named holiday. 26.4 Except as provided in 26.3, overtime pay shall not be authorized for employees for hours worked on holidays when such work is part of the planned schedule. 26.5 An employee who is on their regularly scheduled day off for a holiday as specified in 26.3, and is called in to work or kept over to work such holiday due to staff shortage(s), etc., will receive two times the employee's regular pay rate for all hours actually worked during the named holiday in lieu of one and one -half (1 /2) times the employee's regular pay rate under Section 26.3. Employees who accept a shift under 26.6 shall be paid as provided in 26.3 and 26.4 and shall not be eligible for payment pursuant to 26.5. 26.6 An employee may request a holiday off, which they are required to work, prior to fourteen calendar days before the holiday. The Employer shall post the open holiday shift to be filled by another employee at the holiday rate of pay. The employee making the request for the holiday off is responsible for working the holiday if the posting is not filled five (5) days prior to the holiday. 26.7 Employees beginning employment after January I" of a calendar year shall receive eight (8) hours of holiday leave per month beginning on the first month in which they are working as of the first day of that month. Such employees shall receive an advance of holiday leave hours equal to eight (8) hours multiplied by the number of whole months they will work through December of the year in which they were first employed. 26.8 Any holiday leave not used on or before December 31 of each year will be deemed forfeited and shall not carry over into the next calendar year. ARTICLE 27 Vacations 27.1 Permanent full -time employees shall earn vacation leave with pay as per the following schedule: 0 through 5 years of service eighty (80) hours per year (accrued at 3.08 hours per pay period) 6 through 10 years of service one hundred twenty (120) hours per year (accrued at 4.62 hours per pay period) 11 eight (8) additional hours per year of service to a maximum of one hundred sixty (160) hours after fifteen (15) years of service 11 years 4.92 hours per pay period 12 years 5.23 hours per pay period 13 years 5.54 hours per pay period 14 years 5.85 hours per pay period 15 years 6.15 hours per pay period 27.2 Employees using earned vacation leave or sick leave shall be considered working for the purpose of accumulating additional vacation leave. 27.3 Vacation may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. No employee shall be allowed to use vacation leave during their initial six (6) months of service. Employees shall not be permitted to waive vacation leave and receive double pay. 27.4 Employees with less than five (5) years of service may accrue a maximum of one hundred twenty (120) hours of vacation leave. Employees with more than five (5) but less than fifteen (15) consecutive years of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of one hundred sixty (160) hours of vacation leave. Employees with fifteen (15) consecutive years or more of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of two hundred thirty (230) hours of vacation leave. 27.5 Employees leaving the service of the Employer shall be compensated for vacation leave accrued and unused. ARTICLE 28 Sick Leave 28.1 Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight (8) hours per month or ninety -six (96) hours per year (computed at 3.69 hours per pay period) of full -time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use during the first six (6) months of service. 28.2 Sick leave shall be used normally for absence from duty because of personal illness 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. In addition to the preceding conditions, supervisors may approve the use of sick leave, up to a maximum of four (4) days (32 hours) per calendar year, for the care of the employee's children or spouse when the employee's supervisor determines that the situation requires the employee's presence. The four (4) special -use days (32 hours) cannot be accumulated from one year to the next, and if they are not used, they are included in the employee's normal sick -leave accumulation. 12 28.3 Sick leave shall accrue at the rate of eight (8) hours per month or ninety -six (96) hours per year until nine hundred sixty (960) hours have been accumulated (shall be computed at 3.69 hours per pay period). Effective January 1, 1994, after nine hundred sixty (960) hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month or forty- eight (48) hours per year (computed at 1.85 hours per pay period), and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month or twenty -four (24) hours per year (computed at .925 hours per pay period). Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workers' Compensation benefits shall be credited against the compensation due employees utilizing sick leave. 28.4 In order to be eligible for sick leave with pay, an employee must: a. notify the Employer prior to the time set for the beginning of their normal scheduled shift; b. keep the Employer informed of their condition if the absence is of more than three (3) days duration; C. submit medical certificates for absences exceeding three (3) days, if required by the Employer. 28.5 Employees abusing sick leave shall be subject to disciplinary action. 28.6 An employee who has accumulated 960 hours of sick leave and who uses not more than the equivalent of two regularly scheduled shift's worth of sick leave hours in a calendar year shall receive a wellness incentive equal to one of the employee's regularly scheduled shifts' compensation at the employee's regular rate of compensation. ARTICLE 29 Insurance 29.1 1 2004 Full -time employees Effective 1/1/04, the City will contribute payment of five hundred ninety dollars ($590) per month per employee for use in the Employer's Cafeteria Benefit Plan. Additional benefits may be purchased by the employee as made available through the Employer's Cafeteria Benefit Plan. 29.2 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 employee may use the remainder of the contribution (limits as stated above) for use as provided in the Employer's Cafeteria Benefit Plan. The Employer will make a good faith effort to provide the following options for employee selection: group dental, supplemental life, long -term disability, deferred compensation or cash benefits. The Employer will be excused from the requirement of offering a particular option where such becomes unfeasible because of conditions imposed by an insurance carrier or because of other circumstances beyond the City's control 13 ARTICLE 30 Wage Rates REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for detective, drug task force and school liaison officer; and excluding any other special allowance. 30.1 Effective January 1. 2004 Police Officer base rate: (P5) After 36 months of continuous employment $4786 per month (P4) After 24 months of continuous employment 93% of After 36 months rate (P3) After 12 months of continuous employment 86% of After 36 months rate (P2) After 6 months of continuous employment 79% of After 36 months rate (P1) Starting rate 68% of After 36 months rate Effective Julv 1. 2004 Police Officer base rate: (P5) After 36 months of continuous employment $4834 per month (P4) After 24 months of continuous employment 93% of After 36 months rate (P3) After 12 months of continuous employment 86% of After 36 months rate (P2) After 6 months_of continuous employment 79% of After 36 months rate (P1) Starting rate 68% of After 36 months rate 30.2 Employees classified or assigned by the Employer to the following job classifications or positions will receive two hundred dollars ($200) per month or two hundred dollars ($200) prorated for less than a full month in addition to their regular wage rate. School Liaison Officer Detective Drug Task Force 30.3 Detectives Serving On -Call: Detectives will work a schedule which requires them to serve on -call on a rotating basis. The City will pay each Detective serving on -call on a rotating basis one hundred sixty -five dollars ($165.00) per month in addition to their regular wage. Detectives who are called back to duty while serving on -call will be paid according to Article 15 of the labor Agreement. Officers assigned to work with the Detectives for training purposes will not receive the one hundred sixty -five ($165.00) per month nor will they be required to serve on -call. 30.4 Employees classified or assigned by Employer to the position of Field Training Officer (FTO) will receive an additional $2.00 per hour in addition to their regular wages for time spent in field supervision. 30.5 When there is no Sergeant on duty, and senior management personnel do not assume command of the shift, the senior officer working will be in charge of the shift. The senior officer working the shift will have the choice to opt out of working as officer in charge of the shift. An election to opt out of working as officer in charge of the shift shall be effective for the balance of the calendar year. Officers wishing to make an election to opt out of serving as officer in charge of the shift shall make such election during the first 2 weeks of January. Employees may opt out of working as senior officer in charge of shift on an annual basis at the beginning of each year. The officer in charge will receive, in addition to their regular hourly pay, two dollars ($2.00). Officer in charge pay will be calculated to the nearest six (6) minutes. 14 30.6 Field Training Officers while serving in the capacity of a Field Training Officer (working with a new police officer) shall not serve as the senior officer in charge. 30.7 Employees classified by the Employer to the canine handler classification will receive the following in addition to their regular wage rate: a. The officer will receive the last thirty (30) minutes of each scheduled shift for dog maintenance and care at the officer's home. b. The officer will receive forty-five (45) minutes of overtime pay for dog maintenance, care, and training for each of the officer's scheduled days off. C. When the officer uses time off (sick, vacation, or comp time) for any whole scheduled shift, he must take time equivalent to one -half hour less than whole shift and be paid for whole shift. d. When the officer uses holiday time for any whole schedule shift, he must take eight (8) hours of leave time and will be paid for eight (8) hours. e. When the officer uses a portion of a scheduled shift as sick or vacation time, which is less than the full eight (8) hours, he must take the actual time used in leave time. f. When dog is out of the care of the canine officer, all above items do not apply. ARTICLE 31— Benefits For Retirees Retirees at the time of retirement, shall receive the same options and level of City contribution for insurance coverage upon retirement as are provided by the City's Personnel Policy covering non- Union employees as such options and contributions may be changed by the City from time to time. ARTICLE 32 Mileage and Expense Reimbursement Employees shall receive the same mileage and expense reimbursement rates upon the same terms and conditions as generally provided in the City's Personnel Policy covering non -Union employees as such policy may be changed by the City from time to time. ARTICLE 33 Light Duty Members of the bargaining unit will be eligible for temporary light duty assignment upon approval of the City Manager upon such terms and conditions as would apply to non -Union employees of the City as set forth in the City's Personnel Policy, as the same may be amended from time to time by the City. ARTICLE 34 Agreement Implementation Employer shall implement the terms of this Agreement in the form of a resolution. If the implementation of the terms of this Agreement require the adoption of a law, ordinance, or charter amendment, the Employer shall make every reasonable effort to propose and secure the enactment of such law, ordinance, resolution, or charter amendment. 15 ARTICLE 35 Waiver 35.1 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. 35.2 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 term 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 of the parties at the time this contract was negotiated or executed. ARTICLE 36 Duration This Agreement shall be effective as of January 1, 2004 and shall remain in full force and effect until the thirty -first (31) day of December, 2004, as noted in the contract. IN WITNESS THERETO, the parties have caused this Agreement to be executed this day of 2004. FOR THE CITY OF FOR LAW ENFORCEMENT BROOKLYN CENTER LABOR SERVICES Mayor Business Agent City Manager Union Steward 16 City Council Agenda Item No. 91 OX City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: January 8, 2004 Re: Agreement with Local 86(f Local Law Enforcement Labor Services The agreement with Law Enforcement Labor Services Local 86 representing Sergeants and Lieutenants provides a different salary increase structure that provided for in the contracts with Local 82 (Patrol Detectives) and Local 49 (Public Works). The proposed agreement provides for a 1% increase on January 1 St and a 2% increase on July 1 St with and additional market adjustment of $55.00 per month for sergeants and $40.00 per month for lieutenants. The net cost in 2004 is comparable to the 2% January 1 St and 1% July 1St approaches for the other unions and the non -union employees. It does increase the base wages going into 2005 in response to a review of comparable cities that indicated our pay in 2003 had fallen for sergeants in comparison to the average compensation for sergeants among our comparable cities. Similarly, our pay for lieutenants lagged the average. There is a clarification in the agreement to provide for a longer probationary period of one year, rather than the current 6 month probationary period for lieutenants and to place lieutenants at the top of the salary range after one year. The cafeteria contribution for Local 86 would be the same as for all other employees. With the approval of the agreements for Locals 82 and 86, all union contracts for 2004 would be settled and wages for all non -union employees, other than the City Manager, set for 2004. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2004 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 LELS Local 86 (Lieutenants /Sergeants) for a contract for the year 2004 as attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to execute the attached contract with LELS Local 86 (Lieutenants /Sergeants) for calendar year 2004 with such language changes as may be necessary to clarify any terms, provided such language changes do not change the substance or monetary compensation set forth in the attached contract. BE IT FURTHER RESOLVED that authorized wage and benefit adjustments shall become effective according to the schedule of the agreement which commences January 1, 2004. 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� Master Labor Agreement Between City of Brooklyn Center And Law Enforcement Labor Services, Local Number 86 January 1, 2004 December 31, 2004 TABLE OF CONTENTS ARTICLE PAGE 1 Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Employer Security 2 5 Employer Authority 2 6 Union Security 2 7 Savings Clause 2 8 Constitutional Protection 2 9 Seniority 3 10 Work Schedules 4 11 Discipline 4 12 Employee Rights Grievance Procedure 5 13 Overtime 7 14 Court Time 8 15 Call Back Time 8 16 Working Out of Classification 8 17 Standby Pay 8 18 Leaves of Absence 8 19 Severance 9 20 Injury on Duty 9 21 False Arrest Insurance 9 22 Training 9 23 Post License Fees 10 24 Uniforms 10 25 Holiday Leave 10 26 Vacation Leave 11 27 Sick Leave 12 28 Insurance 12 29 Wage Rates 13 30 Benefits for Retirees 13 31 Mileage and Expense Reimbursement 13 32 Light Duty 13 33 Agreement Implementation 13 34 Waiver 14 35 Duration 14 ARTICLE 1 Purpose of Agreement This Agreement is entered into between the City of Brooklyn Center, hereinafter called the Employer, and Law Enforcement Labor Services, "Local No. 86 hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2 Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statues, Section 179A.03, Subdivision 6, for all police personnel in the following job classifications: Sergeant 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 Definitions 3.1 Union: Law Enforcement Labor Services, "Local No. 86." 3.2 Union Member: A member of Law Enforcement Labor Services, "Local No. 86." 3.3 Department: The City of Brooklyn Center Police Department. 3.4 Employee: A member of the exclusively recognized bargaining unit. 3.5 Employer: The City of Brooklyn Center. 3.6 Chief: The Chief of the Brooklyn Center Police Department. 3.7 Union Officer: Officer elected or appointed by Law Enforcement Labor Services, "Local No. 86. 3.8 Overtime: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.9 Scheduled Shift: A consecutive work period including rest breaks and a lunch break. 3.10 Rest Breaks: Period during the Scheduled Shift during which the employee remains on continual duty and is responsible for assigned duties. 3.11 Lunch Breaks: A period during the Scheduled Shift during which the employee remains on continual duty and is responsible for assigned duties. 3.12 Regular Base Pay Rate: The employee's hourly or monthly base pay rate. 3.13 Strike: Concerned action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. -1- ARTICLE 4 Employer Security The Union agrees that during the life of this Agreement the Union will not cause, encourage, participate in, or support an strike slowdown or other interruption of or interfer ence with the pP Y P normal o al functions of the er. Em to P Y ARTICLE 5 Employer Authority 5.1 The Employer retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technolo to establish and modify the organizational structure; to Y� g g 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. 5.2 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 6 Union Security 6.1 The Employer shall deduct the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7 Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Brooklyn Center. In the event any provision of the 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 provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 8 Constitutional Protection Employees shall have the rights granted to all citizens by the United States and Minnesota Constitutions. -2- A ARTICLE 9 Seniority 9.1 Seniority shall be determined by continuous length of service in the job classification covered by this Agreement. Employees promoted from the classification covered by this Agreement to a position outside the bargaining unit will continue to accrue seniority under this Agreement until the completion of their promotional probationary period or for no longer than twelve (12) months. The seniority roster shall be based on length of service in the job classification covered by this Agreement. Employees lose seniority under this Agreement under the following circumstances: resignation, discharge for cause, or transfer or promotion to a classification not covered by this Agreement after completion of the promotional probationary period or for no longer than twelve (12) months after transfer or promotion. 9.2 There shall be an initial probationary period for new employees of twelve (12) months. During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. The Employer shall give the Union and the employees at least two (2) weeks written notice in advance of any layoff. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of the layoff before any new employee is hired. 9.4 Senior qualified employees shall be given shift assignment preference after twelve (12) months of continuous full -time employment. Except as noted in the preceding sentence, shift assignments shall be bid on the basis of seniority at least annually and after any permanent change in the work schedule. Employees will not be subject to shift rotation more often than every four (4) months. If a special assignment's position is created, assignment to such position shall be opened for bidding on the basis of seniority for up to a two -year assignment in such position. A person shall not be eligible to bid or be assigned to such special assignment position more often than two years out of any six continuous year periods. [A special assignment position is one out of the normal shift rotation with primary emphasis on patrol management.] 9.5 One continuous vacation period shall be selected on the basis of seniority until April 1 of each calendar year. 9.6 The Employer shall recognize seniority as the primary factor when authorizing holiday leave and compensatory time leave. 9.7 No time shall be deducted from an employees seniority accumulation due to absences occasioned by an authorized leave with pay, any military draft or government call -up to Reserves or National Guard, or for layoffs of less than two (2) years in duration. 3- ARTICLE 10 Work Schedules 10.1 The normal work year is two thousand and eighty. (2,080) hours to be accounted for by each employee through: a. hours worked on assigned shifts, b. holidays, C. assigned training, and d. authorized leave time. 10.2 Authorized leave time (including holiday hours) is to be calculated on the basis of the actual hours used for such leave based on the time that the employee would otherwise have been scheduled to work. 10.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. ARTICLE 11 Discipline 11.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a. oral reprimand; b. written reprimand; C. suspension; d. demotion; or e. discharge. 11.2 Suspension, demotions, and discharges will be in written form. 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 11.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer. 11.5 A single disciplinary action for failure to attend training, court or tardiness will be removed from the personnel file after 18 months if, during that time, the single incident of discipline for failure to attend training, court or tardiness, is the only occurrence of discipline during that 18 month period. 11.6 Discharges will be preceded by a five (5) day suspension without pay. 11.7 For purposes of discipline, a day will mean eight (8) hours. 11.8 Employees will not be questioned concerning an investigation of proposed disciplinary action against the employee being questioned unless the employee has been given an opportunity to have a Union representative present at such questioning. -4 11 .9 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article 12. ARTICLE 12 Employee Rights Grievance Procedure 12.1 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. 12.2 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 as provided by 6.2 of this Agreement. 12.3 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 a 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 working hours provided that 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. 12.4 Procedure Grievances, as defined by Section 12. 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 (21) 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 nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, 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. -5- Step 3. If appealed, the written grievance shall be presented by 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 to Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual Agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timeliness for Step 4 of the grievance procedure. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days of mediation shall be considered waived. Step 4. A grievance unresolved in Step 3 or Step 3a and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 12.5 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 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. 12.6 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 -6- 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 written Agreement of the Employer and the Union in each step. ARTICLE 13 Overtime (Sergeant classification) 13.1 Employees will be compensated at one and one -half (1 %z) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest six (6) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the employee from so working. 13.7 When employees have less than twelve (12) hours of duty -free time between assigned shifts, they will be compensated at a rate of one and one -half (1' /z) times the employee's regular base pay rate for the next shift. For purposes of this Article, shift extensions, elected overtime, voluntary changes of shifts, City contracted work, training, and court time are considered as duty -free time. The twelve (12) hour requirement may be waived by mutual Agreement between the Employee and the Police Administration. 13.8 As an option to monetary compensation for overtime, an employee may annually elect compensatory time off at a rate of one and one -half (1' /2) time. An employee's compensatory time bank shall not exceed forty (40) hours at any time during a calendar year. On or about December 1 of each year, the City will pay off by check the balance of compensatory time accumulated by each sergeant. No compensatory time will be accumulated or used during the month of December. Special overtime duty assignments made available to all employees by the Chief of Police at the employee's rate of compensation will not be eligible for compensatory time. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer designated supervisor. 13.9 Employees given less than sixteen (16) hours notice of a scheduled duty change other than their regularly scheduled work period shall be compensated at one and one -half (1'h) times the employee's regular pay rate for hours worked outside of the scheduled work period. -7- ARTICLE 14 Court Time An employee who is required to appear in court during their scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one -half (1 %z) times the employee's base pay rate. An employee reporting to court after a scheduled dog -watch shift or any other shift ending between 0300 and 0600 hours shall receive a minimum of three (3) hours pay at one and one -half (1 %z) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for court appearance does not qualify the employee for the two (2) hour minimum. Employees shall not be required to work office or street duty to qualify for the court time minimum. An employee who is required to appear in court during their scheduled off -duty time shall be given 12 hours notification of cancellation of the court appearance. If the notification is not given prior to 12 hours, the employee will receive the two (2) hour court time minimum. ARTICLE 15 Call Back Time An employee who is called to duty during their scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one -half (1' /z) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hours minimum. ARTICLE 16 Working Out of Classification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 17 Standby Pay Employees required by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. ARTICLE 18 Leaves of Absence 18.1 In cases of demonstrated need and where sick leave has not been abused, the Employer shall grant to employees a leave of absence without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence, the Employer will not permanently fill the employee's position and the employee's benefits and rights shall be retained. 18.2 An employee called to serve on a jury shall be reimbursed the difference between the amount paid for such service (exclusive of travel and expense pay) and compensation for regularly scheduled working hours lost because of jury service. 18.3 Employees ordered by proper authority to National Guard or Reserve Military Service not exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence without loss of status. Such employees shall receive compensation from the Employer equal to the difference between his /her regular pay and the lesser military pay. 18.4 Employees called and ordered by proper authority to active military service in time of war or other properly declared emergency shall be entitled to leave of absence without pay during such 8 service. Upon completion of such service, employees shall be entitled to the same or similar employment of like seniority, status, and pay as if such leave had not been taken, subject to the specific provisions of Chapter 192 of the MN Statutes. 18.5 Members of the bargaining unit will receive such additional leaves as provided for under State or Federal law, as the same laws may be amended from time to time. 18.6 Additional leaves of absence may be granted in the City Manager's discretion upon the same terms and conditions as then applicable to non -Union employees pursuant to the City's Personnel policy applicable to non -Union employees at the time of application for a leave of absence. ARTICLE 19 Severance 19.1 An employee shall give the Employer two (2) weeks notice in writing before terminating his employment. 19.2 Severance pay in the amount of one -third (1/3) the accumulated sick leave employees have to their credit at the time of resignation or retirement, times their respective regular pay rate, shall be paid to employees who have been employed for at least five (5) consecutive years. If discharged for just cause, severance pay shall not be allowed. ARTICLE 20 Injury on Duty Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the employee's regular pay and Workers' Compensation insurance payments for a period not to exceed 720 hours per injury, not charged to the employee's vacation, sick leave, or other accumulated paid benefits, after a three (3) working day initial waiting period per injury. The three (3) working day waiting period shall be charged to the employee's sick leave account less Workers' Compensation insurance payments. ARTICLE 21 False Arrest Insurance The City of Brooklyn Center shall maintain liability insurance that includes a provision for unlawfully detaining an individual when an employee is acting within the scope of their duties on behalf of the City of Brooklyn Center. ARTICLE 22 Training 22.1 The Employer shall reimburse each employee who is required to maintain a license as a law enforcement officer under Minnesota Statutes, Section 626.84, et seq., for actual expenses of tuition, meals, travel, and lodging incurred in meeting the continuing education requirements of the Minnesota Police Officers Standards and Training Board, not to exceed 48 hours of such training every three (3) years. The Employer need not make such reimbursement for attendance at a course located less than sixty (60) miles from the City of Brooklyn Center and such reimbursement shall not exceed similar allowances for state employees. If the Employer provides in- service training to its employees which meets the continuing education -9- I requirements of the Minnesota Police Officers Standards and Training Board, and if the Employer provides its employees with an opportunity to attend such in- service training courses, to the extent that such opportunity is provided to each employee, the obligation of the Employer to reimburse such employee for expenses incurred in attending continuing education courses shall be reduced. 22.2 The Employer shall pay each employee their regular salary while attending continuing education courses whether or not such courses attended are in- service training courses or courses given by instructors other than the Employer. The obligation of the Employer to pay such salaries shall not exceed a total of forty-eight (48) hours every three (3) years. ARTICLE 23 Post License Fees The Employer shall pay up to $90 for the cost of POST license fees for all employees requiring such license during each licensing period. ARTICLE 24 Uniforms The Employer shall provide required uniform and equipment items. In addition, the Employer shall pay to the uniformed officers a maintenance allowance of $115.00 per year. Plainclothes officer(s) shall be paid a clothing allowance of $525.00 per year. ARTICLE 25 Holiday Leave 25.1 Employees shall receive eight (8) hours of holiday leave per month. Ninety -six (96) hours of holiday leave shall be advanced to employees on January 1 51 of each calendar year beginning on January 1 2002. In the event an employee is not employed for the entire calendar year, the employee's holiday leave shall be reduced by eight (8) hours for each full month that the employee will not have worked in that calendar year. 25.2 Employees may use holiday leave with the approval of the Employer. 25.3 An employee who works on Martin Luther King, Jr. Day, Memorial Day, Independence Day, or Labor Day shall receive time and one -half (1 %z) employee's regular pay rate for all hours actually worked during the named holiday. 25.4 An employee who works on New Year's Day, Thanksgiving Day, or Christmas Day shall receive two times the employee's regular pay rate for all hours actually worked during the named holiday. 25.5 Except as provided in 25.3, overtime pay shall not be authorized for employees for hours worked on holidays when such work is part of the planned schedule. 25.6 An employee may request a holiday off, which he /she is required to work, prior to fourteen calendar days before the holiday. The Employer shall post the open holiday shift to be filled by another employee at the holiday rate of pay. The employee making the request for the holiday off is responsible for working the holiday if the posting is not filled five (5) days prior to the holiday. -10- 25.7 Employees beginning employment after January I" of a calendar year shall receive eight (8) hours of holiday leave per month beginning on the first month in which they are working as of the first day of that month. Such employees shall receive an advance of holiday leave hours equal to eight (8) hours multiplied by the number of whole months they will work through December of the year in which they were first employed. 25.8 Any holiday leave not used on or before December 31 s of each year will be deemed forfeited and shall not carry over into the next calendar year. ARTICLE 26 Vacation Leave 26.1 Permanent full -time employees shall earn vacation leave with pay as per the following schedule: 0 through 10 years of service one hundred twenty (120) hours per year (accrued at 4.62 hours per pay period) eight (8) additional hours per year of service to a maximum of one hundred sixty (160) hours after fifteen (15) years of service 11 years 4.92 hours per pay period 12 years 5.23 hours per pay period 13 years 5.54 hours per pay period 14 years 5.85 hours per pay period 15 years 6.15 hours per pay period 26.2 Employees using earned vacation leave or sick leave shall be considered working for the purpose of accumulating additional vacation leave. 26.3 Vacation 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. 26.4 Employees with less than five (5) years of service may accrue a maximum of one hundred twenty (120) hours of vacation leave. Employees with more than five (5) but less than fifteen (15) consecutive years of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of one hundred sixty (160) hours of vacation leave. Employees with fifteen (15) consecutive years or more of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of two hundred thirty (230) hours of vacation leave. 26.5 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 unused. -I1- ARTICLE 27 Sick Leave 27.1 Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight (8) hours per month or 96 hours per year (computed at 3.69 hours per pay period) of full -time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use during the first six (6) months of service. 27.2 Sick leave shall be used normally for absence from duty because of personal illness 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. 27.3 Sick leave shall accrue at the rate of eight (8) hours per month or ninety -six (96) hours per year until nine hundred sixty (960) hours have been accumulated (shall be computed at 3.69 hours per pay period). Effective January 1, 1994, after nine hundred sixty (960) hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month or forty- eight (48) hours per year (computed at 1.85 hours per pay period), and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month or twenty -four (24) hours per year (computed at .925 hours per pay period). Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workers' Compensation benefits shall be credited against the compensation due employees utilizing sick leave. 27.4 In order to be eligible for sick leave with a an employee must: P Y a. notify the Employer prior to the time set for the beginning of their normal scheduled shift; b. keep the Employer informed of their condition if the absence is of more than three (3) days duration; c. submit medical certificates for absences exceeding three (3) days, if required by the Employer. 27.5 Employees abusing sick leave shall be subject to disciplinary action. ARTICLE 28 Insurance 28.1 2004 Full -time employees Effective 1/1/04, the City will contribute payment of five hundred ninety dollars ($590) per month per employee for use in the Employer's Cafeteria Benefit Plan. Additional benefits may be purchased by the employee as made available through the Employer's Cafeteria Benefit Plan. 28.2 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 employee may use the remainder of the contribution (limits as stated above) for use as provided in the Employer's Cafeteria Benefit Plan. The Employer will make a good faith effort to provide the following options for employee selection: group dental, supplemental life, long -term -12- disability, deferred compensation or cash benefits. The Employer will be excused from the requirement of offering a particular option where such becomes unfeasible because of conditions imposed by an insurance carrier or because of other circumstances beyond the City's control. ARTICLE 29 Wage Rates Sergeant Date Sergeant Rate 1/1/04 1% $32.29 /hour 7/l/04-2% $32.93 /hour 7/1/04 $55 /month $33.25 /hour Lieutenant Date Lieutenant Rate 1/1/04 1% $5,982 $6,270 /month 7/l/04-2% $6,101 $6,395 /month 7/1/04 $40 /month $6,141 $6,435 /month The current Lieutenants will be brought to mid -range of wage scale at six months and to wage maximum at one year. New hires in the Lieutenant classification will be paid at minimum starting wage, be on probation for one year and after successful completion of probation will receive a pay increase to the maximum pay. ARTICLE 30 Benefits for Retirees Retirees at the time of retirement, shall receive the same options and level of City contribution for insurance coverage upon retirement as are provided by the City's Personnel Policy covering non Union employees as such options and contributions may be changed by the City from time to time. ARTICLE 31 Mileage and Expense Reimbursement Employees shall receive the same mileage and expense reimbursement rates upon the same terms and conditions as generally provided in the City's Personnel Policy covering non -Union employees as such policy may be changed by the City from time to time. ARTICLE 32 Light Duty Members of the bargaining unit will be eligible for temporary light duty assignment upon approval of the City Manager upon such terms and conditions as would apply to non -Union employees of the City as set forth in the City's personnel policy, as the same may be amended from time to time by the City. ARTICLE 33 Agreement Implementation Employer shall implement the terms of this Agreement in the form of a resolution. If the implementation of the terms of this Agreement require the adoption of a law, ordinance, or charter I -13- amendment, the Employer shall make every reasonable effort to propose and secure the enactment of such law, ordinance, resolution, or charter amendment. ARTICLE 34 Waiver 34.1 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. 34.2 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 term 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 of the parties at the time this contract was negotiated or executed. ARTICLE 35 Duration This Agreement shall be effective as of January 1, 2004 and shall remain in full force and effect until the thirty-first (3 1) day of December 2004, as noted in the contract. IN WITNESS THERETO, the parties have caused this Agreement to be executed this day of 1 2004. FOR LAW ENFORCEMENT LABOR SERVICES NO. 86 Business Agent Union Steward Union President FOR THE CITY OF BROOKLYN CENTER Mayor City Manager -14- I City Council Agenda Item No. 9m Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SUPPORTING CONTINUED FUNDING FOR GRANTS TO IMPROVE LAKE WATER QUALITY WHEREAS, the quality of water in lakes is very important to the quality of life in Minnesota providing recreational opportunities and habitat for wildlife; and WHEREAS, the City of Brooklyn Center has participated in diagnostic studies to develop water management plans for Twin Lake; and WHEREAS, Twin Lake suffers from a degradation of its water quality from several sources; and WHEREAS, the City, in collaboration with the Watershed Management Commission has worked and continues to work on identifying opportunities to positively impact the quality of water in Twin Lake; and WHEREAS, grant funding administered by the State of Minnesota is essential to improving the quality of water in Twin Lake. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that it expresses its support for a continuation of funding by the State of Minnesota for local water quality improvement studies and projects to improve the quality of lakes, especially in urban areas. 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 g Council Agenda Item No. 9n Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION TO OFFICER GARY COLEMAN AND OFFICER CLARK MESSENBRINK FOR THEIR SERVICE AS D.A.R.E. OFFICERS WHEREAS, Officer Clark Messenbrink participated in the D.A.R.E. Program for 12 years and WHEREAS, Officer Gary Coleman participated in the D.A.R.E. Program for 6 years; and WHEREAS, the excellent service of officers Messenbrink and Coleman deserves to be recognized and appreciated; and WHEREAS, the City of Brooklyn Center faced severe cuts in Local Government Aid in 2003 and 2004 that have resulted in the discontinuance of many programs, including D.A.R.E.; and WHEREAS, the City Council of the City of Brooklyn Center wishes to express its appreciation for the dedicated and valuable service provided to elementary students participating in the D.A.R.E. program by Officers Messenbrink and Coleman NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon the recommendation of the City Manager, that the dedicated public service of Officers Clark Messenbrink and Gary Coleman in serving as D.A.R.E. instructors is hereby recognized and appreciated by the City of Brooklyn Center. 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. AGENDA CITY COUNCIL WORK SESSION January 12, 2004 Immediately Following Regular City Council Meeting at 7:00 P.M City Council Chambers 1. Review and discussion of Chi Chi's liquor violation. 2. Discussion of status of Applebee's lawsuit 3. Update on development activities 4. Discussion of advisory commissions 5. Discussion of City Council handbook policies on public input during City Council meetings 6. Discussion of process for annual City Manager evaluation 7. Miscellaneous 8. Adjourn Pa e I of I g City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members C ody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: January 8, 2004 Re: Work Session Agenda Items 1. Review and discussion of Chi Chi's liquor violation. a. Materials provided with Study Session agenda 2. Discussion of status of Applebee's lawsuit a. This is to update on approach to timing of temporary injunction hearing and status of delinquent taxes and notice of default given to Talisman under Development Agreement. 3. Update on development activities a. Mr. Hoffinan and I will go over the status of some of the pending development concepts. 4. Council Member Carmody: Discussion of advisory commissions a. This discussion will be a review of commission vacancies and staff allocation to commissions and City Council direction on appropriate number of commissions and support for commission. 5. Council Member Niesen: Discussion of City Council handbook policies on public input during City Council meetings a. This is a review of how a member of the public addresses the City Council. Attached is a copy of the current protocol for all items and the procedure for public hearings and addressing the City Council. 6. Discussion of process for annual City Manager evaluation a. Originally the evaluation materials were to have been distributed and reviewed at the January 12 meeting. Based on the City Council retreat, that process was going to be bifurcated with a general conversation at meeting followed by a formal evaluation at a subsequent meeting. This item is to clarify this process from the retreat and potentially identify February 9 th as the date for a conversation and February 23rd as the date for a more formal review. 6301 Shingle Creek ee Parkway g y Recreation. and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City all TDD Number 763 5 y 69- ..3300 FAX 763 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org I Protocol for all action items on the agenda (those following the consent agenda) 1. Mayor states subject sect matter of the agenda item. 2. Mayor calls upon the City Manager to provide a staff report a. City Manager i. Rep orts on e agenda item th P g 3. Mayor .ask y s �f there are an questions from the City Council Y q ty a. Council asks questions i. Discussion is not in order at this point ii. Statements of opinion or position are not in order at this point 4. Mayor asks if there is a motion after the opportunity for City Council questions 5. Council makes and seconds motion (for purposes of discussion) 6. Mayor asks if there is any discussion on the motion: a. In order at this time are: i. Comments ii. Statements support/opposition iii. Additional questions iv. Germane motions 1. table 2. amend b. Mayor recognizes Council Members wishing to discuss i. All council members shall have an opportunity to discuss before a member shall be recognized to speak more than once ii. Council Members shall directly address the specific motion and keep their remarks germane to that motion iii. Council may make motion to limit or terminate discussion 1. This motion shall not be in order until each Council Member shall have had an opportunity to speak on the motion. c. Mayor asks if there is further discussion (unless discussion has been terminated by motion) i. If there is none 7. Mayor calls for a vote on the motion a. Mayor restates motion if requested by a Council Member 8. City Council votes on the motion Citv Council Handbook Public Hearing In interest of establishing a non threatening and positive environment, the following rules are established: 1. City Staff introduces item and gives staff report and recommendation 2. Questions of Staff by Council 3. Presiding Officer opens Public Hearing a. Comments by applicant (if applicable, i.e., Planning Commission applicant) b. Comments by concerned persons Presiding Officer will ask persons to identify themselves for the public record before speaking at the hearing. All persons will address questions to the Presiding Officer. The Presiding Officer will then determine who will answer them. No one will be given an opportunity to speak a second time until everyone has had an opportunity to speak initially. Those speaking for the second time are asked to not be repetitive in their presentation. 4. Close the Public Hearing 5. Questions by Council 6. Discussion by Council it 7. Action by Council Addressing the Council Any member of the public desiring to address the Council shall raise his/her hand, be recognized by the Presiding Officer, then proceed to the podium. He or she shall state his/her name and address for the record. All remarks and questions shall be addressed to the Presiding Officer and not to any individual Council Member, staff member, or other person. During a public hearing all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. Addressing the Council After Motion is Made After a motion has been made or after a public hearing has been closed, no person shall address the Council without first securing permission from the Presiding Officer. Limitations Regarding Public Comments and Reports No speaker shall be permitted to address the Council on a topic which is currently before, or about to be submitted for consideration by a City commission, board, or other agency. If an appeal procedure is or was available, the Presiding Officer shall not allow oral communication to the Council outside that procedure. Presiding Officer The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor pro tem shall preside. In the absence of the Mayor and Mayor pro tem, the Acting Mayor pro tern shall preside. At its first regular meeting in January, the Council, by a majority vote, shall designate a City of Brooklyn Center Page 7