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HomeMy WebLinkAbout2003 01-13 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION January 13, 2003 6:00 p.m. Council Commission Conference Room 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Adjourn CITY COUNCIL MEETING Public Copy • City of Brooklyn Center January 13, 2003 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. Administer Ceremonial Oath of Office 4. Call to Order Regular Business Meeting -The City Council requests that attendees turn off cell phones and pagers during the meeting. • 5. Roll Call 6. Pledge of Allegiance 7. Council Report 8. 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 2, 2002 - Truth in Taxation Budget Hearing 2. December 9, 2002 - Study Session 3. December 9, 2002 - Regular Session b. Licenses • CITY COUNCIL AGENDA -2- January 13, 2003 C. Approval of Secondhand Dealer License for SFK, LLC dba CD Warehouse, 6072 Shingle Creek Parkway d. Resolution Designating Depositories of City Funds e. Resolution Approving Supplemental Agreement No. 1, Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2000 -20, Contract 2000 -E, Brooklyn Boulevard Enhancements f. Resolution Approving Supplemental Agreement No. 2, Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 2001 -01, 02, and 03, Contract 2001 -A, Garden City North Street, Storm Drainage, and Utility Improvements g. Resolution Authorizing Issuance of a Lawful Gambling License to the Brooklyn Center Fire Department Relief Association to Operate a Pull -Tab Booth at the Duoos Bros American Legion Post 630 • 9. Planning Commission Item a. Planning Commission Application Nos. 2002 -018 and 2002 -019 Submitted by McDonald's Corporation. Request for a Planned Unit Development (PUD) Amendment to Modify the Original Planned Unit Development Approval and Agreement to be Allowed to Construct an Otherwise Non - permitted Convenience Food Restaurant at the Southeast Corner of 66` and Camden Avenues North (Application No. 2002 -018); and a Request for Site and Building Plan Approval for a 4,300 sq. ft., 90 Seat McDonald's Restaurant at the Southeast Corner of 66 and Camden Avenues North (Application No. 2002 -019). The Planning Commission recommended denial of these applications at its December 12, 2002, meeting by adopting Planning Commission Resolution No. 2002 -05. - Resolution Regarding the Recommended Disposition of Planning Commission Application Nos. 2002 -018 and 2002 -019 Submitted by McDonald's Corporation. - Requested Council Action: - Motion to adopt resolution denying Planning Commission Application Nos. 2002 -018 and 2002 -019. 10. Council Consideration Items a. Resolution Expressing Recognition and Appreciation of Ed Nelson For His Dedicated Public Service as Council Member -Requested Council Action: - Motion to adopt resolution. l - CITY COUNCIL AGENDA -3- January 13, 2003 • b. Resolution Expressing Recognition and Appreciation of Tim Ricker For His Dedicated Public Service as Council Member - Requested Council Action: - Motion to adopt resolution. C. Resolution Expressing Appreciation for the Gift of the Brooklyn Center Lions Club in Support of the Holly Sunday Activities - Requested Council Action: - Motion to adopt resolution. d. Select Presiding Officers - Mayor Pro Tern and Acting Mayor Pro Tern -Requested Council Action: - Council discuss and select presiding officers. e. Resolution Expressing Recognition and Appreciation of Members Who Have Served on City Advisory Commissions -Requested Council Action: - Motion to adopt resolution. • f. Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives for Other Organizations for 2003 - Requested Council Action: - Motion to ratify Mayoral appointments. g. Mayoral Appointments to City Advisory Commissions - Requested Council Action: - Motion to ratify Mayoral appointments. h. 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. i. Resolution Designating Official Newspaper -Requested Council Action: - Motion to adopt resolution. • . CITY COUNCIL AGENDA 4- January 13, 2003 j. Resolution Appointing Michael J. McCauley as Director and Jim Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group - Requested Council Action: - Motion to adopt resolution. k. Resolution Authorizing Memoranda of Understanding With Labor Unions for Cafeteria Contribution and Amending Employee Pay Plan for 2003 - Requested Council Action: - Motion to adopt resolution. 1. Resolution Directing Review of Housing Policies and Enforcement of Agreement - Requested Council Action: - Motion to adopt resolution. m. Resolution Approving the Contract for Local 49 (Public Works Maintenance) and the City of Brooklyn Center for the Calendar Year 2003 - Requested Council Action: - Motion to adopt resolution. • 11. Adjournment • From: Abby Ekstrand At: Twin City Group FaxiD: To: Ken Ewer Date: 113/03 01:50 PM Page: 2 of 2 1 4" NUP VV TWINCITYGID%%.J ESTABLISHED 1913 TO: Ken Ewer FAX: FROM: Abby Ekstrand FAX: (952) 925-0631 RE: City of Brooklyn Center Certificates PHONE: (952) 924 -6919 DATE: 1/3/03 1:32 PM PAGES with cover: One Ken, To the best of my knowledge I have not issued a certificate of insurance to The City of Brooklyn Center showing liability limits of 5250,000/5500,000 /$250,000.00. I have been issuing certificates of insurance to The City of Brooklyn Center for 15 years and with the exception of any cabs licensed at the Mpls. /St. Paul International Airport, the limits have been S100,0003300,0005100,000. I believe that these certificates have been accepted by The City of Brooklyn Center, as I have not had anyone (until just recently) say that they needed higher liability limits. Please let me know if you need any further information. Thank you. Abby Ekstrand 1 INSPECTION REPORT Detail of Inspection Defects Period Covered 11/01/2002 To 12/20/2002 Part : 1 Of 2 Report Date: 12/22/2002 Page No: 1 Carrier ALLOT ALL AROUND TRANSPORTATION 307 JACKSON AVE NW ELK RIVER MN 55330 Carrier Statistics => YTD Pts insp # 1 ...................................................... I ........ ............. ....... 80.00 Numberof Buses .................................................... ............................. .. 14 Average YTD Pts Insp # 1 per Bus ............................ ............................... 5.71 Last Inspection Date ..................................................... ............................... 12/16/2002 INSPECTION REPORT Detail of Inspection Defects Period Covered 11/01/2002 To 12/20/2002 Part: 2 Of 2 Report Date: 12/22/2002 Page No: 1 License Bus Inspection Bus Defect Deficiency Description Qt Point Inspection Number Type Type Code y Date DDL -482 1 3 12/02/2002 OOA NO DEFECTS 1 0 Sticker Type: Pass Sticker Number: 15819 * ** Total: 0 EYR -081 198 1 3 12/02/2002 OOA NO DEFECTS 1 0 Sticker : Pass Sticker Number: 15818 ***Total: 0 GE-467 1 3 12/02/2002 OOA NO DEFECTS 1 0 Sticker Type: Pass Sticker Number. 15821 * ** Total: 0 BEB -024 1 3 12/16/2002 OOA NO DEFECTS 1 0 Sticker Type: Pass Sticker Number: 15848 * ** Total: 0 HZJ -308 1 3 12/02/2002 03D d. Park braketemergency brake 1 25 indicator Sticker Type: Fail Sticker Number: * ** Total: 25 HZJ -308 2 3 12/02/2002 OOA NO DEFECTS 1 0 Sticker Type: Pass Sticker Number: 07833 * * * Total: 0 JLU409 1 3 12/02/2002 03C c. Emergency brake inoperable 1 25 Sticker Type: Fail Sticker Number: * ** Total: 25 JLU -811 1 3 12/02/2002 OOA NO DEFECTS 1 0 Sticker Type: Pass Sticker Number: 15820 * ** Total: 0 JRR -272 100 1 3 12/03/2002 OOA NO DEFECTS 1 0 Sticker Type: Pass Sticker Number: 07823 * ** Total: 0 INSPECTION REPORT Detail of Inspection Defects Period Covered 11/01/2002 To 12/20/2002 Part: 2Of2 Report Date: 12/22/2002 Page No: 2 License Bus Inspection Bus Defect Deficiency Description Qt Point Inspection Number Type Type Code y Date JVC -313 1 3 12/02/2002 OOA NO DEFECTS 1 0 Sticker Type: Pass Sticker Number: 15817 ** *Total: 0 JVJ -117 1 3 12/02/2002 09A a. Turn signals inoperable 1 25 _Sticker Type:_ Fail _ -- _StickerNumber:__. _ -- — - ^__ -- _ ** *Total: _ 25 JVJ -117 2 3 12/16/2002 OOA NO DEFECTS 1 0 Sticker Type: Pass Sticker Number: 15849 * ** Total: 0 JVJ -926 1 3 12/16/2002 OOA NO DEFECTS 1 0 Sticker Type: Pass Sticker Number: 15850 * ** Total: 0 JVJ -930 1 3 12/02/2002 15D d. Windshield glass 1 5 Sticker Type: Temporary StickerNumber: ** *Total: 5 JVJ -930 2 3 12/02/2002 OOA NO DEFECTS 1 0 Sticker Type: Pass Sticker Number: 15816 * ** Total: 0 JXD -659 1 — g - -- __ �— — - -- -- - -- — - 12/16/2002 - - - - -- - OOA NO DEFECTS 1 0 Sticker Type: Pass Sticker Number: 15851 * ** Total: 0 KFW413 1 3 12/16/2002 OOA NO DEFECTS 1 0 Sticker Type: Pass Sticker Number. 15847 * ** Total: 0 City Council Agenda Item No. • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA TRUTH IN TAXATION BUDGET HEARING DECEMBER 2, 2002 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met for the Truth in Taxation Budget Hearing and was called to order by Mayor Myrna Kragness at 7:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael McCauley, Interim Assistant City Manager/Director of Public Works Sharon Klumpp, Fiscal and Support Services Director Doug Sell, and Deputy City Clerk Maria Rosenbaum. PRESENTATION ON PROPOSED GENERAL FUND TAX LEVY AND BUDGET • City Manager Michael McCauley explained the ose of this meeting was to give the public an pmP g g P opportunity to give input to the City Council on the proposed budget and to ask questions and receive answers on the proposed budget and levy. By State Law, the City Council may not take action to adopt the budget at a meeting at which it takes public input. Mr. McCauley presented a PowerPoint presentation discussing property tax decreases in the proposed 2003 tax levy and the proposed expenditures. He informed the public that the City Council chose to conduct this hearing even though it was not required this year to allow the public to speak and ask questions. A motion by Councilmember Peppe, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. The following addressed the Council to speak and ask questions regarding the proposed budget and property tax statements: Dan Remiarz, 6201 June Avenue North Leslie Barnhart, 5920 Colfax Avenue North Rosemary Gordon, 6666 Xerxes Place • 12/02/02 -1- DRAFT Mary O' Conner, 5429 Lyndale Avenue North Nancy Blom, 2820 67 Lane North Wilbert Anderson, 5507 Irving Avenue North Mr. McCauley and the Council discussed the questions raised by the above - mentioned individuals. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. Councilmember Nelson requested a comparison of tax capacities over the next twenty years for the first tier and northwest suburbs. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Nelson to adj ourn the meeting at 8:03 p.m. Motion passed unanimously. City Clerk Mayor • 12/02/02 -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 STUDY SESSION DECEMBER 9, 2002 CITY HALL COUNCIL /COMMISSION CONFERENCE ROOM CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Interim Assistant City Manager/Director of Public Works Sharon Klumpp, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Council discussed City Council agenda items 7b,Licenses; 8b, Consideration of 2003 Budget; 9c, Resolution Establishing Capitalization and Depreciation Policy for Assets Held by the City; and 9h, Resolution Authorizing Condemnation Proceedings for the Mississippi Riverbank Protection Project, City Project No. 99 -11. City Manager Michael McCauley noted that there was a typo on the resolution for agenda item 9c and that staff will make the correction to the permanent document. Councilmember Nelson asked if the rental license process required a check from the Police Department. Mr. McCauley will check with staff. MISCELLANEOUS Mr. McCauley informed the Council that Councilmember Nelson and Councilmember Ricker will be recognized at the January 13, 2003, meeting. Council discussed the procedure for public hearings. Mayor Kragness suggested that the discussion reoccur when the newly elected Council Members are on board. Council discussed issues surrounding how to insure that developers meet all of their obligations when receiving assistance to provide affordable rental housing. It was the consensus of the Council to have the City Attorney directed at the January 13, 2003, City Council meeting to review the issues_ and report on suggestions to insure compliance with obligations. • 12/09/02 -1- DRAFT Mr. McCauley informed the Council that staff would like to ,explore amending Tax Increment • Finance District No. 3 to allow for spending in the opportunity site area and that this item will be on the January 13, 2003, agenda. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the Study Session at 6:55 p.m. Motion passed unanimously. City Clerk Mayor • 12/09/02 -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 9, 2002 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council continued its study session into informal open forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Interim Assistant City Manager/Director of Public Works Sharon Klumpp, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. ADJOURN INFORMAL OPEN FORUM • A motion b Councilmember Lasman seconded b Councilmember Peppe to adjourn the informal Y � Y PP J open forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 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 7:08 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Interim Assistant City Manager/Director of Public Works Sharon Klumpp, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum: • 12/09/02 -1- DRAFT 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Ricker informed the Council that it was a pleasure and honor to serve as a Councilmember for Brooklyn Center and wished to say farewell. Councilmember Lasman reported that on December 3, 2002, she attended the Northwest Regional Human Rights Coalition Meeting. Councilmember Peppe expressed thanks to Councilmember Nelson and Councilmember Ricker for their service to Brooklyn Center. Councilmember Nelson expressed that he enjoyed the last four years and that he believes serving on the Brooklyn Center City Council has been a good experience. Mayor Kragness reported she attended a Hmong Commerce meeting on December 6, 2002, and the Holly Sunday event on December 8, 2002. She informed the Council that the Hmong Shopping Center in Brooklyn Center was presented a Business of the Year Award. Mayor Kragness commended the Community Center staff and police and fire personnel on their • quick response to the potential drowning victim at the Community Center pool. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the agenda and consent agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the minutes of November 25, 2002, study and regular sessions. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following list of licenses. _Motion passed unanimously. CHRISTMAS TREE SALES Malmborg's Inc. 5120 Lilac Drive North 12/09/02 -2- DRAFT • MECHANICAL All -Brite Sign, Inc. 13325 Commerce Boulevard, Rogers Sign Maintenance Lighting & Electrical, Inc. 1230063 d Avenue North, Maple Grove RENTAL Renewal: 4811 Lakeview Avenue North Jerry and Karen Fobbe The Lilacs Apartments Dariush Danesh 5820 Logan Avenue North Dariush Danesh Initial: 3613 47 Avenue North James Lewis 6031 Brooklyn Boulevard John Ludwig /Jason Heroux 6724 France Avenue North Ian Misenko 5836 Xerxes Avenue North James Waters Sterling Square Apartments John Roder 7c. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the site performance guarantee releases of the Lutheran Church of the Master, 1200 69 Avenue North; Franz Engineering Reproductions Inc., 2781 Freeway Boulevard; and Hark's Conoco, 1505 69 Avenue North. Motion passed unanimously. • 7d. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, CONTRACT 2001 -A, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2002 -172 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, CONTRACT 2001 -A, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7e. RESOLUTION AUTHORIZING RELEASE OF SURETY FOR ESTATES OF RIVERWOOD • 12/09/02 -3- DRAFT I RESOLUTION NO. 2002-173 • Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING RELEASE OF SURETY FOR ESTATES OF RIVERWOOD The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. CONSIDERING THE PROPOSED 2003 -2007 CAPITAL IMPROVEMENT PROGRAM - RESOLUTION APPROVING THE 2003 -2007 CAPITAL IMPROVEMENT PROGRAM City Manager Michael McCauley discussed that each year staff develops a five -year program for capital improvements in the City and that this year's Capital Improvement Program (CIP) is proposing 2003 -2007 street, utilities, and park improvements. The total cost of the CIP is $20,416,387. He noted that Shingle Creek Parkway could possibly be an area for deferral in 2004. 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. RESOLUTION NO. 2002 -174 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE 2003 -2007 CAPITAL IMPROVEMENT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8b. CONSIDERATION OF 2003 BUDGET 1. RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE GENERAL FUND, DEBT SERVICE FUNDS, AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR 2003 12/09/02 -4- DRAFT . 2. RESOLUTION ESTABLISHING A FINAL MARKE VALUE LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATIONS, 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 2003 3. RESOLUTION ADOPTING THE 2003 GENERAL FUND BUDGET 4. RESOLUTION ADOPTING THE 2003 SPECIAL REVENUE FUND BUDGETS 5. RESOLUTION ADOPTING THE 2003 DEBT SERVICE FUND BUDGETS 6. RESOLUTION ADOPTING THE 2003 CAPITAL PROJECT FUND BUDGETS 7. RESOLUTION ADOPTING THE 2003 ENTERPRISE FUND BUDGETS • 8. RESOLUTION ADOPTING THE 2003 PUBLIC UTILITY FUND BUDGETS 9. RESOLUTION ADOPTING THE 2003 INTERNAL SERVICE FUNDS BUDGETS Mr. McCauley discussed that the 2003 budget process started in May and that the Council and Financial Commission have had to work with much uncertainty. The proposed general fund budget for 2003 is increased by 1.68 percent and the major influences on revenue are levy limits of .787 percent and budgeting for a full year of operations at the Community Center following partial years during reconstruction. Mr. McCauley presented a PowerPoint presentation outlining the proposed 2003 budget materials previously discussed with the Council and Financial Commission. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. • 12/09/02 -5- DRAFT A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public • Hearing. Motion passed unanimously. RESOLUTION NO. 2002-175 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE GENERAL FUND, DEBT SERVICE FUNDS, AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR 2003 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2002-176 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A FINAL MARKET VALUE LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATIONS, 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 2003 • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2002 -177 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2003 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2002-178 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2003 SPECIAL REVENUE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. O 12/09/02 -6- DRAFT I • RESOLUTION NO. 2002 -179 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2003 DEBT SERVICE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2002 -180 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 03 20 CAPITAL PROJECT FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2002 -181 Councilmember Nelson introduced the following resolution and moved its adoption: • RESOLUTION ADOPTING THE 2003 ENTERPRISE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2002 -182 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2003 PUBLIC UTILITY FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2002 -183 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2003 INTERNAL SERVICE FUNDS BUDGETS 12/09/02 - -7 DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember • Lasman. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. ADOPT 2003 CITY COUNCIL MEETING SCHEDULE Mr. McCauley discussed that the 2003 City Council meeting schedule continues with meetings on the second and fourth Mondays with the exception of one meeting on a Tuesday due to a holiday. A motion by Councilmember Lasman, seconded by Councilmember Peppe to adopt the 2003 City Council meeting schedule. Motion passed unanimously. 9b. RESOLUTION ACCEPTING OFFER ON THE SALE OF $1,205,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003A AND PROVIDING FOR THEIR ISSUANCE Mr. McCauley informed the Council that there was a representative from Springsted present to discuss the results of the bids received for the sale of the $1,205,000 general obligation improvement bonds. Terri Heaton from Springsted addressed the Council to inform that the lowest bidder of seven bids received was UMB Bank, N.A. with an interest rate of 3.45 percent. She discussed that there was a $30,000 savings and that this sale was well received in the market. RESOLUTION NO. 2002-184 r Councilmember Nelson introduced the following esolution and moved its adoption: g P RESOLUTION ACCEPTING OFFER ON THE SALE OF $1,205,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003A AND PROVIDING FOR THEIR ISSUANCE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9c. RESOLUTION ESTABLISHING CAPITALIZATION AND DEPRECIATION POLICY FOR ASSETS HELD BY THE CITY Mr. McCauley discussed that this resolution proposes establishing a capitalization and depreciation policy for assets held by the City for the GASB 34 system. RESOLUTION NO. 2002-185 Councilmember Lasman introduced the following resolution and moved its adoption: 12/09/02 -8- DRAFT • RESOLUTION ESTABLISHING CAPITALIZATION AND DEPRECIATION POLICY FOR ASSETS HELD BY THE CITY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9d. RESOLUTION SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 2003 Mr. McCauley discussed that this resolution sets salaries and benefits for the calendar year 2003 that had been previously adopted. RESOLUTION NO. 2002 -186 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 2003 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9e. SUMMARY REGARDING CITY MANAGER EVALUATION CONDUCTED • DECEMBER 2, 2002 A motion by Councilmember Peppe, seconded by Councilmember Nelson to accept summary report of the City Manager's evaluation conducted on December 2, 2002. Motion passed unanimously. 9f. RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT CONTRACT WITH CITY MANAGER Mr. McCauley discussed that this resolution would amend his employment contract accordingly to the approved salary and car allowance approvals. RESOLUTION NO. 2002-187 Councilmember Ricker introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT CONTRACT WITH CITY MANAGER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. • 12/09/02 - -9 DRAFT I 9g. RESOLUTION CREATING THE EARLE BROWN HERITAGE CENTER • CAPITAL FUND AND PROVIDING FOR INITIAL FUNDING OF $100,000 I Mr. McCauley discussed that this resolution would create funding that will provide an on -going funding mechanism for capital items for the Earle Brown Heritage Center and that it is possible that this funding will be reworked in the future. RESOLUTION NO. 2002-188 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CREATING THE EARLE BROWN HERITAGE CENTER CAPITAL FUND AND PROVIDING FOR INITIAL FUNDING OF $100,000 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9h. RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR THE MISSISSIPPI RIVERBANK PROTECTION PROJECT, CITY PROJECT NO. 99-11 Mr. McCauley discussed that this resolution would authorize condemnation proceedings for the Mississippi Riverbank Protection Project, City Project No. 99 -11 and enable the City to follow the • process outlined in the State Law to complete a "Quick-Take" of any easements that have not been successfully negotiated with affected property owners. This is a cooperative agreement with the U.S. Corps of Engineers. The U.S. Corps of Engineers will cover most expenses. RESOLUTION NO. 2002 -189 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR THE MISSISSIPPI RIVERBANK PROTECTION PROJECT, CITY PROJECT NO. 99 -11 The motion for the adoption of the foregoing resolution was duly seconded b Councilmember P g g Y Y Nelson. Motion passed unanimously. 10. ADJOURNMENT Mayor Kragness wished to express her appreciation to Councilmember Nelson and Councilmember Ricker for all their service to the City while serving on the City Council. 12/09/02 -10- DRAFT There was a motion by Councilmember Nelson, seconded by Councilmember Peppe to adjourn the • City Council meeting at 7:53 p.m. Motion passed unanimously. City Clerk Mayor I • • 12/09/02 9 -11- DRAFT City Council Agenda Item No. 8� • • City of Brooklyn Center A Millennium Community • TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: January 8, 2003 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 13, 2003. BOWLING ALLEY Earle Brown Bowl Lanes 6440 James Circle GASOLINE SERVICE STATION Brookdale Citgo 5710 Xerxes Avenue North Brooklyn Center Conoco 1505 69A Avenue North Brooklyn Center Municipal Garage 6844 Shingle Creek Parkway • Brooklyn Amoco 6044 Brooklyn Boulevard Christy's Auto Service 5300 Dupont Avenue North Holiday Stationstore, Inc. 420 66 Avenue North Humboldt Texaco 6840 Humboldt 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 4504 6849 Brooklyn Boulevard Speedway SuperAmerica 190157 th Avenue North Speedway SuperAmerica 6545 West River Road Winner Gas 6501 Humboldt Avenue North MECHANICAL Practical Systems 4342B Shady Oak Road, Hopkins United Heating A/C Inc. 1295 Hackamore Road, Medina PUBLIC DANCE Earle Brown Bowl Lanes 6440 James Circle 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 )7 Page 2 January 13, 2003 • RENTAL Renewal: 131272 d Avenue North Curtis Cady 1543 Humboldt Place North Kwi Ha Wong 7111 Riverdale Road Allan & Vicki Olson Initial: 3824 Burquest Lane Bradley Fritz 5101 Eleanor Lane North Michael Potaczek 5417 Fremont Avenue North Walter Cooper 5830 James Avenue North Vincent Okonkwo TAXICAB Holly Beck - Town Taxi 4401 Irving Avenue North, Minneapolis D'Arcy McFlyea - Town Taxi 101619 th Avenue SE, Minneapolis James Ogilvie - Town Taxi 14605 34 Avenue, Plymouth Anthony Nehotte - Airport Taxi 5290 Spring Lane, Minnetonka Abdullah Lalli - Airport Taxi 5817 Shepard Circle, Champlin Timothy randall - Pioneer Taxi 6114 Dupont Avenue North Y P Todd Erickson - Pioneer Taxi 19011 Pascal Street Thomas Petersson - Pioneer Taxi 4285 Ximines Lane, Plymouth Jason Meyer - Pioneer Taxi 8800 Humboldt Avenue North, Brooklyn Park • TOBACCO RELATED PRODUCT A A Tobacco 6300 Brooklyn Boulevard American Legion Post 630 6110 Brooklyn Boulevard Brookdale Citgo 5710 Xerxes Avenue North Brooklyn Center Conoco 1505 69 Avenue North Brooklyn Center Municipal #1 5625 Xerxes Avenue North Brooklyn Amoco 6044 Brooklyn Boulevard Cub Foods 3245 County Road 10 E.B.T. General Store 6120 Earle Brown Drive Earle Brown Bowl Lanes 6440 James Circle Hilton Hotel 2200 Freeway Boulevard Holi Deli Commissary 4610 1700 Freeway Boulevard Holiday Stationstore #292 420 66 Avenue North Humboldt Texaco 6840 Humboldt Avenue North J.A. Tobacco 5625 Xerxes Avenue North Perfect Car Wash 6849 Brooklyn Boulevard Speedway SuperAmerica 6545 West River Road Speedway SuperAmerica 1901 57 Avenue North T.G.I. Friday's 2590 Freeway Boulevard Tobacco Warehouse, Inc. 6014 Shingle Creek Parkway • Value Food 6804 Humboldt Avenue North Walgreen Company 6390 Brooklyn Boulevard Winner Gas 6501 Humboldt Avenue North City Council Agenda Item No,.c i �RpGXLYN CElyt� BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Scott Bechthold DATE: January 7, 2003 SUBJECT: Secondhand Dealer Application and License SFK, LLC dba/CD Warehouse 6072 Shingle Creek Pkwy, Brooklyn Center The background investigation has been completed with regard to the application submitted by Mr. Scott Kern for a secondhand dealer license. • Detective Cathy Hennessy completed the background check on Mr. Kern who owns and operates the Brooklyn Center CD Warehouse. Kern is the sole proprietor and has no other acting partners. The corporate office for CD Warehouse is located in Oklahoma City, Oklahoma. All appropriate fees and documentation have been submitted. As City Clerk Sharon Knutson noted in her e -mail of December 11, 2002, the City cannot collect another $1,500 investigation fee from CD Warehouse since it has already collected this fee previously. Mr. Kern's check for this investigation fee will be returned to him. Nothing was found in the investigation that would preclude CD Warehouse from being ranted a g P gg secondhand dealer license. I am requesting that this item be put on the council agenda for consideration. i SB:kh • City Council Agenda Item No 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 THEREFOR 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 additional depositories to be used for investment purposes: • Federal Reserve Bank of Minneapolis 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 Store. • • 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. • Memorandum Date: January 2, 2003 To: Michael J McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: Designated Depositories Each year, we are required to designate the official depositories for City funds. We have prepared a resolution for City Council consideration identifying these depositories that is consistent with our current operations and investment policy. It is our recommendation that the resolution identifying designated depositories for 2003 by approved by the City Council. mem McCauley 010203.doc • • City Council Agenda Item No. 8e • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2000 -20, CONTRACT 2000 -E, BROOKLYN BOULEVARD ENHANCEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Thomas and Sons, Inc. of Rogers, Minnesota has completed the following improvement in accordance with said contract: Improvement Project No. 2000 -20, Contract 2000 -E, Brooklyn Boulevard Enhancements NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Supplemental Agreement No. 1 is hereby approved in the amount of $5,540.88. 2. 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 $558,765.95. 3. Project costs and revenues are hereby amended as follows: COSTS As Approved As Final Contract $543,115.90 $553,225.07 Contingency (10 %) $ 54,310.00 Supplemental Aggr. No 1 $ 5,540.88 Subtotal Construction Cost $597,425.90 $558,765.95 Admin/Legal/Eng $ 77,000.00 $72,640.00 Total Project Cost $674,425.90 $631,405.52 REVENUES Local State Aid $154,665.18 $145,278.52 ISTEA $477,940.72 $447,013.00 Hennepin County $ 41,820.00 $39,114.00 Total Estimated Revenue $674,425.90 $631,405.52 • • 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. • • • MEMORANDUM DATE: January 8, 2003 TO: Michael McCauley, City Manager FROM: Scott A. Brink, Acting City Engineer SUBJECT: Resolution Approving Supplemental Agreement No. 1, Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2000 -20, Contract 2000 -E, Brooklyn Boulevard Enhancements Background This project was initiated in the early 1990's when a grant for federal funds to construct the project was sought and received. In October of 2000, the City Council approved a construction cooperative agreement with Hennepin County and made the necessary appropriations. The project essentially provided for decorative lighting and streetscape improvements on Brooklyn Boulevard, north of 71" Avenue North, and also included "Gateway" improvements at the north and south ends of the City along Brooklyn Boulevard. Other enhancements have been completed under Hennepin County's Brooklyn Boulevard Improvement project (65" Avenue • North to 71" Avenue North), and additional landscaping plantings are also in the process of completion under an additional separate contract. Summary Explanation On December 6, 2000, the City Council awarded a contract for the subject improvement to Thomas and Sons, Inc. of Rogers, Minnesota. Thomas and Sons' obligations under contract 2000 -E are considered complete. The original contract amount was $543,115.60. The final contract amount as tabulated by the final quantities is $553,225.07. Supplemental Agreement No. 1 reflects the addition of specific tree species not included in the original contract, additional removals of existing trees, and the deletion of other species not installed. The total amount of Supplemental Agreement No. 1 is $5,540.88. As provided per Resolution No. 2000 -207 when the City Council awarded a contract, the Resolution included a provision for a 10 per cent contingency. The contingency is included to cover the cost of construction for those items that are unknown at the time of plan preparation, omissions and/or utility conflicts discovered only after actual construction commences. Based upon the original construction contract amount of $543,115.90 and the contingency, a projected contract of $597,427.49 was authorized by the City Council. The final contract amount therefore • totals 7% less than the original contract plus approved contingencies. • Funding for Contract 2000 -E is primarily from a federal ISTEA (Inter -modal Surface Transportation Efficiency Act) grant, administered by the Minnesota Department of Transportation. Local State Aid and Hennepin County funds also contribute to funding of the project as shown in the attached resolution. It is recommended to approve the attached resolution approving Supplemental Agreement No. 1 pp Pp g pP g accepting work performed and authorizing final payment in the amount of $558,765.95. • City Council Agenda Item No. 8f • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, CONTRACT 2001 -A, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Arcon Construction Co. of Harris, Minnesota has completed the following improvement in accordance with said contract: Improvement Project Nos. 2001 -01, 02 and 03, Contract 2001 -A, Garden City North Street, Storm Drainage and Utility Improvements; and WHEREAS, on December 9, 2002, the City Council approved Resolution No. 2002 -172 authorizing final payment to the Contractor for said contract; and WHEREAS, final quantities have subsequently been revised. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: • 1. Resolution No. 2002 -172 is hereby voided: 2. Supplemental Agreement No. 2 is hereby approved in the amount of $20,921.23. 3. 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 $3,202,498.19. 4. Project costs and revenues are hereby amended as follows: COSTS As Approved As Final Contract $2,996,534.16 $3,046,812.13 Contingency (10 %) $299,653.42 Change Order No. 1 $57,864.83 Change Order No. 2 (No monetary change) Supplemental Aggr. No 1 $76,900.00 Supplemental Aggr. No. 2 $20,921.23 Subtotal Construction Cost $3,296,187.57 $3,202,498.19 Admin /Legal /Eng $312,959.90 $311,368.81 Reforestation $34,000.00 $30,300.00 Streetlights $70,000.00 $66,800.00 • Total Project Cost $3,713,147.47 $3,610,967.00 • RESOLUTION NO. REVENUES Street Assessment $785,368.94 $785,368.94 Water Fund $693,999.02 $643,688.18 Storm Drainage Assessment $271,644.77 $271,644.77 Storm Drainage Utility Fund $187,698.47 $172,199.53 Sanitary Sewer Utility $617,045.56 $545,337.75 Special Assmnt. Const. Fund $1,157,390.71 $1,192,727.83 Total Estimated Revenue $3,713,147.47 $3,610,967.00 I 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. • • MEMORANDUM DATE: January 8, 2003 TO: Michael McCauley, City Manager FROM: Scott A. Brink, Acting City Engineer SUBJECT: Resolution Approving Supplemental Agreement No. 2, Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 2001 -01, 02, and 03, Contract 2001 -A, Garden City North Street, Storm Drainage, and Utility Improvements Summary Explanation At the City Council's last meeting on December 9, 2002, the above resolution (Resolution No. 2002 -172) was approved by the City Council. Upon preparing a final payment voucher to the Contractor, a mathematical discrepancy was discovered regarding actual quantities installed. As a result, this would reflect a change in the total contract amount. The final payment authorized by the City Council should therefore be • revised from $3,152,220.22 to $3,202,498.19, based upon the final quantities. The revised final amount remains 3% under the total projected amount of $3,296,187.57 as previously approved by the Council. The attached resolution has been revised to reflect the correct total, and it is recommended that the City Council approve the resolution accordingly. • City Council Agenda Item No. 8g • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE TO THE BROOKLYN CENTER FIRE DEPT RELIEF ASSOCIATION TO OPERATE A PULL -TAB BOOTH AT THE DUOOS BROS AMERICAN LEGION POST 630 WHEREAS, the Minnesota Charitable Gambling Control Board requires a municipality to submit a resolution authorizing issuance of any lawful gambling license within its borders; and WHEREAS, the City of Brooklyn Center allows for such conduct on premises within the City of Brooklyn Center; and WHEREAS, the Brooklyn Center Fire Dept Relief Association has submitted all appropriate and necessary documentation for the license and a background investigation has been conducted by the Brooklyn Center Police Department regarding the manager and all named officers and nothing was found in that investigation that would preclude the issuance of a Minnesota Lawful Gambling License; and • WHEREAS, the Brooklyn Center Fire Dept Relief Association has held and currently holds such a license within the City of Brooklyn Center and there has been no illegal activity with regards to the gambling activities at that location; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, upon the recommendation of the City Manager, that the issuance of a lawful gambling license to the Brooklyn Center Fire Dept Relief Association to operate a pull -tab booth at the Duoos Bros American Legion Post 630 is hereby approved. 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. BROOKLYN CENTER I ff f Ax POLICE DEPARTMENT MEMORANDUM TO: City Clerk Sharon Knutson FROM: Kim Heiser for Chief Scott Bechthold DATE: January 6, 2003 SUBJECT: Renewal Application For A Minnesota Lawful Gambling License (Pull Tab Machine) - Brooklyn Center Fire Dept Relief Association On January 6, 2003, the Brooklyn Center Police Department received an Organization and Premises Permit Renewal Application for a Minnesota Lawful Gambling License to operate a pull tab machine from the Brooklyn Center Fire Department Relief Association. This renewal application is for the operation of pull tabs at the Duoos Brothers Legion Post located at 6110 Brooklyn Blvd. • The State Gambling b g Control Board requires a city council resolution approving the issuance of the license in order for them to take any action on the license. As such, if the license is approved, a certified copv of the resolution must be returned to us. All necessary background checks have been completed by the police department. There was nothing found that would preclude the above from being issued a Minnesota Lawful Gambling License. I am requesting that this item be put on the council agenda for consideration. :kh • • City Council Agenda Item No. 9a McDonald's Corporation 1650 West 82nd Street Suite 900 Bloomington, MN 55431 -1442 11ACDOna1CtS 952/884 -4355 Fax: 952/885 -4755 January 9, 2003 Mayor Mryna Kragness and City Council Members City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: 615-66 1h Avenue North (Lot 2, Block 1, Regal Road Development 2 °d Addition) Application Nos. 2002 -018 and 2002 -019 To Mayor Kragness and Council Members: This letter shall serve to provide our notice to withdraw our application for the development of a McDonald's restaurant at 615 — 66 Avenue North, Brooklyn Center, Minnesota. Accordingly, we request that our Application in the above- referenced matters be withdrawn from consideration by the City. If there is any unused money, please forward it to my attention. Thank you. McDONALD'S CORPORATION Lisa L. Diehl, CCIM, CPM Real Estate Representative CONSENT The undersigned, as the fee owner of the subject property, consents to the request for action made above. CROWN BRAWLEY, LLC By Terry Moses, its Chief Manager cc. Marc Kruger Terry Moses Ron Warren MEMO To: Michael J. McCauley, City Manager / J From: Ronald A. Warren, Planning d Zoning Specialist g g P Subject: City Council Consideration Item - Planning Commission Application No. 2002- 018 & 2002 -019 Date: January 8, 2003 On the January 13, 2003 City Council Agenda is Planning Commission Application No. 2002 - 018 & 2002 -019 submitted by McDonald's Corporation requesting Planned Unit Development (PUD) Amendment to modify the original Planned Unit Development approval and agreement to be allowed to construct an otherwsie non - permitted convenience food restaurant at the southeast corner of 66th and Camden Avenues North and a request for Site and Buildin Plan approval for a 4,300 sq. ft., 90 seat McDonald's restaurant at the southeast corner of 66 and Camden Avenues North. • Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2002 -018 & 2002 -019 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their December 12, 2002 meeting and was recommended for denial by the Commission through adoption of Planning Commission Resolution No. 2002 -05. It is recommended that the City Council, following consideration of this matter adopt the attached resolution reflecting the Planning Commission's recommendation to deny the application. It should be noted that the 60 day time frame for the City Council to act on a zoning decision expires on January 13, 2003. I Application Filed on 11 -14 -02 City Council Action Should Be Taken By 01 -13 -03 (60 Days) Planning Commission Information Sheet Application No. 2002 -018 And 2002 -019 Applicant: McDonald's Corporation Location: Southeast Corner of 66th and Camden Avenues North Request: Planned Unit Development Amendment and Development Plan Approval The applicant, McDonald's Corporation, is seeking a Planned Unit Development (PUD) amendment under Planning Commission Application 2002 -018 to modify the original Planned Unit Development approval and agreement for this area to be allowed to construct an otherwise non- permitted convenience food restaurant at the southeast corner of 66 and Camden Avenues North. They also seek development plan (or site and building plan) approval under Planning Commission Application No. 2002 -019 for an aREroximate 4,300 sq. ft., 90 seat McDonald's restaurant on this site which is addressed 615 66 Avenue North. The property in question is zoned PUD /C -2 (Planned Unit Development/Commerce) and is bounded on the north by 66 Avenue with R -3 (Multiple Family Residence — Townhomes) zoned property containing the Georgetown and Riverwood townhomes along with C -2 (Commerce) zoned property containing the Riverwood Dental Center and Holiday'Station on the opposite side of the street; on the east by C -2 zoned property containing the SuperAmerica station; on the south by PUD /C -2 zoned • property containing the Regal Theater; and on the west by Camden Avenue with R -5 (Multiple Family Residence) zoned property containing the Melrose Gates Apartments on the opposite site of the street. Convenience food restaurants such as proposed by the applicant are prohibited from locating in this PUD /C -2 zone based on the conditions and findings made at the time the City approved the Planned Unit Development rezoning for the Regal theater and surrounding property. Furthermore, the underlying C -2 zone which provides the regulations governing uses and structures within the PUD, prohibits convenience food restaurants from abutting an R -1, R -2 or R -3 zoning district including abutment at a street line, such as the abutment that exists along the north side of 66 Avenue. BACKGROUND A Planned Unit Development rezoning from C -2 to PUD /C -2 and development plan approval for a 20 screen, 85,240 sq. ft. Regal Theater was approved by the City Council under Resolution No. 98 -133 on July 27, 1998. Attached for the Commission's review is a copy of that resolution containing various findings, considerations and conditions of approval for that proposal. The land rezoned consisted of the Regal Theater site and two restaurant sites along Camden Avenue, one to the north of the theater, the other to the south of the theater, which were identified and referred to during this process as "pad site 2" and "pad site 3" respectively. (Note: Pad site 2 eventually became the site currently under consideration following the filing of the final plat for 12 -12 -02 Page 1 • all of the property in the PUD.) A PUD amendment for an alternate storm water detention plan was subsequently approved by the City Council on September 28, 1998, after Planning Commission review and recommendation. These approvals became the Planned Unit Development for the Regal Theater and surrounding property. Condition No. 16 of City Council Resolution No. 98 -133 states "the applicant has agreed and the City acknowledges that it will not allow the development of `pad site 2' and `pad site 3' as a fast food/convenience food restaurant, a gasoline service station/convenience store, car wash, pawn shop or check cashing operation and the development agreement will acknowledge this restriction or limitation on the future use of the property." This condition was agreed to by the developers and the owner of the restaurant sites, Mr. Terry Moses of Crown Brawley, LLC. This condition was considered an integral part of the decision to rezone the property and allow the development of the theater. Even though "pad site 2" could not be used for a convenience food restaurant given the underlying C -2 zone, which prohibits such abutment with R -3 property, the City wanted to assure that there would be no dispute about future unacceptable land uses for both "pad site 2" and "pad site 3 ". Among other things, the traffic analysis prepared and presented at the time of the PUD rezoning, did not comprehend convenience food restaurant but rather sit down restaurants, which have different traffic generations, particularly with respect to PM peak hour traffic rates, which were of concern because of theater traffic generation. Minutes from a number of meetings held during the time of the Planning Commission and City Council review indicate that this was a significant factor and the parties assured the City that this was an acceptable condition or limitation for future • development. As the Commission is aware, the PUD process involves a rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing the district (in this case C -2) apply to the development proposal unless the City determines that another standard or use would be appropriate given mitigating circumstances that are offset by the plans submitted by the developer. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing development and redevelopment problems. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. The PUD process, including amendments such as this, involves a rezoning of land and, therefore, is subject to meeting the City's rezoning evaluation policy and review guidelines that are contained in Section 35 -208 of the City's Zoning Ordinance. Also, proposals and amendments must be consistent with Section 35 -355 of the City's Zoning Ordinance, which addresses Planned Unit Developments. Attached for the Commission's review are copies of Section 35 -208 and 35 -355 of the City's Zoning Ordinance for review. As mentioned previously, the City Council adopted a resolution approving the overall PUD for the Regal Theater development and surrounding property. That resolution contained the various findings and considerations necessary for approving that PUD and also contained the restriction on convenience food restaurants as well as other uses on the surrounding • 12 -12 -02 Page 2 property. Any approval of this PUD amendment should acknowledge compatibility with the policy and review guidelines of the previously mentioned Section 35 -208 and also the P Y S'u p Y provisions p of Section 35 -355 of the Zoning Ordinance. The proposed amendment must be consistent and compatible with surrounding land uses in the area. The proposed amendment should be offset by factors related to the development. Also, the overall development must be a reasonable use of the property and be considered to be in the best interests of the community. The applicant has submitted a full set of development plans and is seeking site and building plan approval for the McDonald's restaurant. We will review their plans in more detail following review of their PUD amendment request. Mr. Terry Moses of Crown Brawley, LLC, owner of the two restaurant sites adjacent to the Regal Theater has submitted written comments in support of the amendment to allow convenience food restaurants on the sites where they were prohibited under the PUD approval. He explains that he agreed with the prohibition when it was enacted four ears ago. He claims there has been very t� P Y g little interest in the site primarily because of the size of the site and only McDonald's has come forward with an offer for the property. He indicates that the immediate area, because of its high traffic and easy access, has evolved into a convenience retail location. He points out that the Regal Cinema has not generated the vehicle traffic that was originally feared and he anticipates that many McDonald's customers would be existing SuperAmerica and Subway customers thereby holding the increase in traffic down. He states another advantage is that the proposed use would share the existing driveway with SuperAmerica and Subway, making a change in traffic • patterns less likely. He notes that commercial properties should be positioned close to freeways and through ways to keep traffic from residential area and still allow easy access for local residents. He indicates that there is a demand for quick serve restaurants, however, there is a distinct shortage of suitable sites. He also notes that McDonald's analysis shows this to be a good site for their business. The written comments make no mention of the extent to which efforts have been made to market the property for sit down or non - convenience food restaurants. Inquiries have been made to the City about these potential sites and these parties have been referred to the owner of the property after discussion regarding the Planned Unit Development conditions. If the site is indeed too small for such development as indicated in the written comments, perhaps accommodations could be made under the PUD process to make a desired restaurant development workable. Furthermore, the creation and size of these sites was determined by the owner of the property at the time of the Regal Theater development and assurances were given that they would be suitable for sit down restaurants. To abandon the restriction on convenience food restaurants, as well as the other prohibited uses, should be done only if it is justifiable based on the rezoning evaluation policy and review guidelines and such a recommendation should be consistent with the provisions of Section 35 -355 regarding Planned Unit Developments. It seems that the only justification put forth thus far to allow such a use is that McDonald's is willing and able to develop the site and that they think it is a good site for their business. Their building plans do not seem to mitigate, or offset, the negative aspects of having a convenience food restaurant directly across the street from R -3 zoned property. Where other PUD's have had property line • 12 -12 -02 Page 3 • abutment with residential property such as the recent SA project at 57 and Logan Avenues North, an 8 ft. high solid opaque screen fence, landscaping and a buffer strip were established. The applicant's plan calls for nothing in the way of plan mitigation; in fact they propose a less than 15 ft. green strip along the 66 Avenue right of way across from the R -3 zoned property. The policy guidelines ask questions such as is there a clear and public need or benefit? Is the proposed zoning consistent with and compatible with surrounding land use classifications? Can all permitted uses be contemplated for development of the subject property? Will the property bear fully the ordinance development restrictions for the proposed zoning district? Is the property generally unsuited for uses permitted in the present zoning district? Is the proposal warranted by comprehensive planning — the lack of developable land in the proposed zoning district or the best interest of the community? And finally does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? It does not seem that there is a clear and public need or benefit in changing the conditions of the PUD that prohibit certain types of uses that are considered inappropriate for this development. It is believed that the proposed amendment is not compatible with surrounding land uses, that non - convenience food restaurants or other appropriate uses could be developed on the property given time and an adequate marketing plan. This proposal seems only to benefit the interests of the owner or the developer of the property. Based on these factors, it is not believed that this proposed PUD amendment to allow convenience food restaurants in this PUD is consistent with the rezoning evaluation policy and review guidelines. Also, we do not believe it is compatible with the standards, purposes and intent of the PUD section of the ordinance and it only seems to be in the • interest of the owner of the land and not necessarily of the best interests of the community. SITE AND BT TU DINCCIT PLAN PROPOSAT The applicant, under Planning Commission Application No. 2002 -019, has submitted a site and building plan proposal in hopes that the City will amend the Planned Unit Development to allow a convenience food restaurant. The plan calls for an approximate 4,304 sq. ft., 90 seat McDonald's restaurant on a 1.28 acre site. AC CESS/PARKTNG The only access to the site is a shared access off 66 Avenue with the SuperAmerica to the east. The building would be situated to the southwest corner of the site with parking for 63 vehicles, including three handicapped, on the north site of the building. A drive up lane would be located on the westerly side of the building with the pick up windows on the south side. Vehicles would move in a counter clockwise fashion around the building for the drive up facility. As mentioned previously, the plan calls for a less than 15 ft. green strip in portions of the 66 Avenue green strip. The plan indicates 90 seats and 16 employees at the maximum shift requiring a total of 53 parking spaces. The shared access is a cross access agreement that has been in existence for some time. The only access to the site would be off of 66 Avenue. No other access on Camden or across the Regal Theater site is allowed • 12 -12 -02 Page 4 • GTR ADING/DR ATNACTR/T TTTT.TTIES The applicant has provided grading, drainage and utility plans which are being reviewed by the City Engineer. A retention pond was constructed on the Regal Theater site to accommodate drainage for this entire area. The drainage plan seems to indicate that the site will connect to storm sewer in 66` and Camden Avenues rather than being directed to the retention pond. These are matters that would need to be addressed by the City Engineer. Water and sanitary sewer would be connected to existing utilities in Camden Avenue North. B -612 curb and gutter is required around all driving and parking areas and is indicated on the plan. T.ANDSC'.APTNG The applicant has submitted a landscape plan in response to the landscape point system utilized by the Planning Commission to evaluate such plans. This 1.28 acre site requires a total of 102.4 points rather than the 62.5 landscape points indicated on the plan. The applicant proposes to provide 138 landscape points per the point schedule. They propose five shade trees (Patmore Ash and River Birch), 11 coniferous trees (Austrian Pine), 14 ornamental trees (Spring Snow Crab and Japanese Tree Lilac) and 56 shrubs (Dwarf Burning Bush, Gro -Low Sumac, Goldflame Spirea, Goldmound Spirea, Andora Compact Juniper and Scandia Juniper). The shade trees are located along islands separating this site from the SuperAmerica site to the east. The coniferous • trees are located in the north green strip along with River Birch and the Spring Snow Crab. Austrian Pine and Spring Snow Crab are also located at the southwesterly portion of the site. The shrubbery would be located primarily to the west portion of the building next to the drive up land and dumpster enclosure as well as at the southeast corner of the building. Landscaping would seem appropriate given the variety and points proposed. RT M UNCT The applicant has submitted building elevations showing the exterior of the McDonald's building. The exterior finish would be primarily brick veneer with a soldier course of block around the lower portion of the building. The colors are indicated as "to be determined ". A red standing seam metal roof, or mansard type treatment is shown around the exterior of three of the sides of the building. To be consistent with other approvals, the mansard treatment should be carried around the backside of the building as well. The building elevations show a trash enclosure of the same material as the building with solid gates. T .TGTHTTNC'T The applicant has also submitted a lighting plan, which appears to be consistent with the lighting standards contained in the City Ordinances. General concern is that all lighting be shielded and directed downward on the site to avoid glare. • 12 -12 -02 Page 5 • PROCEDURE A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun/Post and have also been sent to neighboring property owners. For a number of years rezoning applications considered by the Planning Commission were referred to -the respective Neighborhood Advisory Group for input and comment. In this case, it would be the Northeast Neighborhood Advisory Group. State statutes, however, require the City to respond to zoning applications within 60 days of the date a properly submitted application has been filed with the City. This application was filed on November 14, 2002. Due to zoning requirements for notice and publication, this application needs to be submitted approximately four weeks prior to the Planning Commission's public hearing. The clock, however, begins at the date the application is properly filed. Therefore, the zoning decision must be made by the City Council no later than January 13, 2003. Almost 30 days of the required 60 day time frame will have expired before the Commission's public hearing has even held. This requirement makes it almost impossible for the City to hold the Neighborhood Advisory Group meetings that they normally have had. The Planning Commission has instituted a new procedure because it still wishes to receive Neighborhood Advisory Group input with respect to these PUD applications and amendments. We have invited the Northeast Neighborhood Advisory Group members to the public hearing and • are encouraging their comments and participation at the meeting. A staff report will be delivered to the advisory group members at the same time that it is delivered to the Planning Commission. Hopefully, they will have an opportunity to review the matter and make comments to the Commission at Thursday evening's meeting. It is recommended that the Planned Unit Development amendment submitted by McDonald's Corporation be denied on the basis that it is not consistent with the rezoning evaluation policy and review guidelines as well as not being consistent with Section 35 -355 of the City Ordinances regarding Planned Unit Developments. A draft resolution recommending denial of the Planned Unit Development will be prepared. The site and building application (No. 2002 -019) also should be denied on the basis that it is inconsistent with the conditions of the original Planned Unit Development, which prohibits convenience food restaurants within this PUD. • 12 -12 -02 Page 6 s- titl [ CY j rt '+ ti.•! ij t N 4'. ri r r r t ,. C r r I } r i• r .t y rl 1 /t, -�z s t t t yt �•.. 4 ;ji, r z I � �;}� } } rr � + a � t .. rt t t 1 ot y.'i` � ., X �1 4 i'Irs y t (j2 _1" S� �'� � r � r likYt .� ( I) iti ;� rpk ✓.Yl � . s 'f r�ir 4 S • ✓ i `� t r f, w ^r,4 uat S a W IWO .,. y ^, mill L 0 oil in rr • r ' ^ � / �.T _ 1 ■�ii11111 /� / 1 /11l� �+��L'W�v 111 �, ♦ � -11� . � ��I rr 01111 ////// 11�i����l �// I / � � [,.. �. /�/117."+���►�,11�1�. 11 r� 11/�� I��W��i�1 11 IIG /1, ,�IE��S� /# ■1, . , �Q� 311 1/� Rollo JIM � .. " ' ���i��� � � . �1/ ='�� ., ■111 ©�� r���11 �«���11� 1� = = �r 1111'x► 1. %n m ,ttr�� mill M1 1i .:�) 4M I Member Debra Hilstrom introduced the following resolution and moved its adoption: CITY COUNCIL RESOLUTION NO. 98 -133 RESOLUTION REGARDING RECOMMENDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 98015 SUBMITTED BY CENTRES GROUP BROOKLYN CENTER, LTD. WHEREAS, Planning Commission Application No. 98015 submitted by Centres Group Brooklyn Center, LTD. proposes rezoning from C -2 (Commerce) to PUD /C -2 of 730,192 sq. ft. (16.76 acres) area of land that is bounded on the north by 66th Avenue and the Super America site; on the east by TH252; on the south by Interstate 694; and on the west by Camden Avenue; and WHEREAS, this proposal comprehends the rezoning of the above mentioned property and site and building plan approval for an 85,240 sq. ft., 4,592 seat, 20 screen theater on a proposed 13.09 acre site and the creation of two other sites, one that is 71,693 sq. ft. in area and the other 88,186 sq. ft. in area for future commercial development, most likely restaurant uses; and WHEREAS, the Planning Commission held a duly called public hearing on June 25, 1998, when a staff report and public testimony regarding the rezoning and site and building plan were received and the Planning Commission continued the public hearing and referred the application to the Northeast Neighborhood Advisory Group for review and comment; and WHEREAS, the Northeast Neighborhood Advisory Group met to consider this matter on July 7, 1998, at the City Hall and recommended approval of this planned unit development proposal; and WHEREAS, the Planning Commission resumed consideration of this matter on July 16, 1998, received an additional staff report and took further testimony during a continued public hearing; and WHEREAS, the Planning Commission recommended approval of Application No. 98015 by adopting Planning Commission Resolution No. 98 -3 on July 16, 1998; and WHEREAS, the City Council considered Application No. 98015 at its July 27, 1998 meeting; and WHEREAS, the City Council considered the rezoning and site and building plan request in light of all testimony received, the guidelines for evaluating rezonings contained in t Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development 1 City Council Resolution No. 98 -133 ordinance contained in Section 35 -355, the City's Comprehensive Plan, and the Planning Commission's recommendation contained in Planning Commission Resolution No. 98 -3. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 98015 submitted by Centres Group Brooklyn Center, LTD. be approved in light of the following considerations: 1. The rezoning and planned unit development proposal are compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The rezoning and planned unit development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on 'surrounding land. 3. The utilization of the property as proposed under the rezoning and planned unit development proposal will conform with City ordinance standards with the exception of the parking requirement for theaters which requires one parking space for every three seats within the theater complex. Variation from the Zoning Ordinance to allow a parking formula of one parking space for every four theater seats is justified on the basis of the development plan submitted and the operational differences on parking demand that a multiplex theater of this size has which allows the ability to stagger starting times within the theater complex to lessen or spread out the demand for parking over a greater period of time. The applicants have also provided a parking analysis that indicates national norms, local norms, parking- generation, and local parking studies all conclude that the standard of one parking space for every four seats is a reasonable standard to apply to this proposed theater complex. 4. The rezoning and planned unit development proposal are considered compatible with the recommendations of the City's Comprehensive Plan for this area of the City. 5. The rezoning and planned unit development appear to be a good utilization of the property under consideration and the future potential uses of two adjacent properties for commercial restaurant sites is also a good long range use of the existing land and can be considered an asset to the community. 2 City Council Resolution No. 98 -133 6. In light of the above considerations, it is believed that the guidelines for bvaluating rezonin and contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interests of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to approve Application No. 98015 subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are. subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all approved site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The buildings are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center standard specifications and details. 3 City Council Resolution No. 98 -133 ; 12. Approval of this application is subject to the applicant complying with all of the requirements and regulations of the West Mississippi Watershed Management Commission with respect to this site. The storm drainage system shall be acceptable to the Watershed Management Commission and the applicant shall comply with any conditions imposed by that body prior to the issuance of building permits for this project. 13. Ponding areas required as part of the storm drainage plan shall be protected by approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of building permits. 14. The applicant shall enter into a development agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall acknowledge a parking ratio of one parking space for every four seats in the multiplex theater and shall acknowledge all conditions of approval and assure compliance with development plans submitted by the applicant. 15. The area identified on the site plan as "pad site 2" and "pad site 3" shall be seeded in a manner to allow appropriate maintenance of this property pending future development. Future development of this area is subject to amendment to this planned unit development. -16. The applicant has agreed and the City acknowledges that it will not allow the development of "pad site 2" and "pad site 3" as a fast food/convenience food restaurant, a gasoline service station/convenience store, car wash, pawn shop or check cashing operation and the development agreement will acknowledge this restriction or limitation on the future use of the property. 17. The construction and cost of all traffic control improvements related to 66th and Camden Avenues due to the project shall be the responsibility of the applicant including, but not limited to, traffic signal, median extension, traffic control structures, and any necessary right -of -way. This shall be acknowledged in the development agreement. 18. Vehicle access between the theater parcel and the proposed Lot 3, Block 1, Regal Road Development Addition and between the theater parcel and the Super America property is prohibited. The applicant shall provide a physical barrier, acceptable to the City, to prevent such cross access. 4 t City Council Resolution No. 98 -133 ; Julv 27. 1998 !� Date Ma�or ATTEST: Jaw City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmod?nd upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. • 1 5 11/14/2002 16:41 FAX 6514930752 Terry Moses Ron Warren WJUUz S Crown Brawley LLC 1776 Maple Lane Roseville, MN 55113 Planning Commission City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Lot 2 Block 1 Regal Road Development 2 °d Addition (615 — 66 Ave N) Dear Commissioners:. We agreed in 1998 that the ideal use would be for sit -down restaurants and therefore agreed that this site is not approved for fast -food restaurants, gas stations, gun shops, pawn shops, and the like. During the last four years that we've been trying to market the property most of the interest has been from convenience food restaurants, with very little interest from any others. The main reason the sit -down restaurants have passed on it is because of it size being a little too small. No one has come "forward with an actual offer, except for McDonald's, which we believe is a proposal that can be supported. The immediate area, because of its high traffic and easy access, has naturally • evolved into a convenience retail location, the most recent developments being the Holiday Station Store and the Regal Cinema. Since the proposed use is consistent with its adjacent uses, it would not be considered "spot zoning." Regal Cinema has not generated the vehicular traffic that was originally feared, and it we anticipate that many of the McDonald's customers would be existing Superamerica and Subway customers, thereby holding the increase in traffic down. Another advantage over a typical site is that the proposed use would share the existing driveway with Superamerica and Subway, making a change in traffic patterns less likely. Ideally, commercial properties should be positioned as close to freeways and through- ways as possible to keep the commuter traffic from going through residential areas to reach their, and to still allow easy access for local residents. As the demand for quick service has grown so have quick serve restaurants, however there is a distinct shortage of suitable sites. So, since the subject site is next to a through -way, and McDonald's' analysis shows it to be good for their business, the remaining determinate, we believe, should be whether it serves a broad public need. We believe that the best place to start that determination is with nearby residents. Sincerely, • Terry D. J. Moses D: \WORK \PRELIM \Brooklyn center- rega1\86348M001.dwg Wed Nov 13 12:14:55 2002 ji all _y N1A s � ��•{ � '' � � �,/ ens' t `! -► � I it It H HH H1 11 b u i i til I �d* 3 jells ') i # 1 Z .08 c Z. l: s it. I .� ga t� Ei ;is t # # s; i a rl� -s is i Ht =� =. _ E B I . � a �] � � = i f ` �; ? s fc do S is • � f �� ��� r _ _ IP *[iEf -------_-- -------------- - OERUT. NOTES Sao 0 6 IT to cmTNG a" 6 cmf.M A MIG: 3 C � An'7't."� 11 VP i oi• =7 W E MW s&S 7". I t 3 :7 =IER I. LOT L-TING RECIAMCMDATION ; n Ea " v k �� ^ ,. Y -- .riwap, <i- u uvs Ya x.• rwcs coo Ilk r i26 71 1 PA. • S36 0'46"W c 4 - P I s I� 1 ' � i i � E � �....I- -I..T_ r - •.•- x vA:. �. g K N NOTE L14 1-4-14 J 2. SEE "VE1 I. �1 DRRE—S, A BEARINGS -0 LOCATION W SE.C.- N m-TOI,15 I"OMM ARE PROPOSED, SIX SIMVET FfIft 1XISTINS ELEVATOAS w DOM"ONAL RON SCHEMU M PARIONG RIOLIR WN11-, I A STAL 45 STALLS a I. .'.A". J L PER 2 SEATS GROSS FIL AREA: TALL PER 2 EMPLOYEES 8 STALLS TYPE OF CONSTRUCTION: V-0 8 EMT S T OTAL - 53 STALLS REOV OCCUPANCY CLASSIFICATION; A-2 AM E C ORVE-THRU 65 STALLS PRO VID 55.916 S.F. - 1.28 ACRES 0 T.- SCALE IN FEET CONSTRwrim mom LOUCKS PROJECT NO: 02113 - ��' �� •�� �.^`� •r�x° I (j) cwSTNXT 9• F.QQ wGS a GuTTQRS AS PDT SPRAT C-& MT.LL METAL HAUOE LOT UWT Ali PER OETAa_ SEE GEAKRAL 4) OUSICAID4 ORDER EMPLAI, SO[ 011- 5/0-1 - - I @ TARR. at PRO E.G. TO ocAm TO MOTE 10 - LOT — K�All4N. 0 •TIARA" IA�I. 0 ­11 1— ._REAm 0 i:xmaRE'E PA—T. m Rol gild �ST� P.C.C. Demsm AAUP AS PER mat C-5 "a RMO TO MEET "I. COOL Pl- �Cl I' • - 3w STA L] 5 1 AOMSS I'AMMIST IN @• OX HARD POSTS PER SMELT 50-1 GAS METER L�TPM Associ 615 - 65th AVENUE N. PAwi INSTALL 4 • CONCRETE SIDEWALL _t,,PMo — (-.I COTESTAWT COW E �WAV AS, MR OfT_ . C-L imp .11 SIATE CIMST— TAAS� DAMOSURE AS MR PAINT 4' TAX STRIPE. (MlOtt) GA E_ SIM, —IMN BROOKLYN CENTER MINNESOTA @ so-Ma ROAD SON m MERGER NORM. 25 a.. NEwNT. PI.ANTING AREA SCE �� Pt.Alf. C-T, - SEE DETAR. 4/311-k DOUBLE SEE STORAGE SC DOUBLE FA= u—nal Omcc-AL =& TO. 91 � rAtz As Nom. EGGE or OwKrK PA,RNc AT MA-vtou Mick 0 2 - 4 000 PANT SIMPES - M-.23. YELLOR. HENNEFIN UU` ABOVE) By Sim 6.0 0 C�STMA:' .� At '-pr MOM. .9-1 IRI,AI OMARG AS MA I ­. STATE �OVEII W_ SM "'PRO NIBLTM SUS CACAS PER W SO-L SITE PLAN PART LETTERS - PIES-1U. YELLOTT SEE DETAKA 19/90-3. 00 N&T-C .-0 - c AE__t @ Omw cf LOOP a PER " ­ - I ETo TRA" camows TEuLO. - SEE K_ 'vS/W-L IIAIXN. HAMER Q INSTAL S' X 4r WROUGmT WOR RAkRIG PDT WAR. I/M. 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THE CONTWTOR SHALL 1-�RLY NOTIFY THE VKNICLK OF — NSCRV�Rj OR Y—TKM I— AssociATFs 5 1 ADBRISS —W —1 — BE CUNK. AT — M Ia 615 - 65th AVENUE N. EACM ­NG DAY. A ROCK C—E TO ME SITE MST K P—DED ALL CONSTRUCT.. 5— — 10 INCA. nr all 5,11E ACCORMNO M NETAS TO REDUCE TRACKiNo OF MT ONTO PUSUC STREETS ALL IVNED .. V td! STAINOZED — 1. C4-0. — Of ALL CENTER MINNESOTA - fA.A - A.z BY CRADC COW� UNLESS OTKN�E PRECMD BY NE (EEM. KL NE MA-D CONMACION SHALL AWARE OF — EVS� � PAWNED 3TOCKPSES W I NAVE �QUATC SEMENT TRAP—. SYSTEMS -tKLED U`.iwX COKE" OUND THEN. CONTRACTOR 5Nµ1 I. ALL S� UNJFES MO ASSOOATEI) WNW? NENNEPiN — ARY TEMPORARY EEWC, FETNXJZW A� MMC� MST BE 0 W" PRIOR 7D P—,c Na TK WSTALLATON a w" AND GUTTER. 14 drs OF — U-t1l W M. 0 10 BE 1C.—ED W— NO OAFS GRADING & DRAINAGE PLAN C— AP—TE &—K �UKS 0, 30' 60' o< cRApNC — C.Y. - CUT SITE -S1 BE KEPT . A —.10 AT A. IK NA— — ME CONTR OR SMALL 8C RESPONSIBLE FOR TEMPORARY NICKS. W OAS 1 W , I FOR DRANK Lm./KT-- WALL MI SCALE IN FEET cmE OTHER WCANS REQUIRED TO WSUR PROPER DRNN�( BURNS CO I&. OF I AS SM. AROW. 1-1. - —Y5 S BE 1-0 .. A PD— BUTFURN. 29633 021 C— 2 .... . .... . .......... . . .... ......... ... ...... .. --.— .. ............... .. ..... . .......... ......... . .. ............. .. ... . ..... .... . ..... . ............ ..... ... .. . . ...... .. . .................. — . •............. ... . ................ . ......... . ------ . ......... . .. . .. . ........ .. ...... ... .... . ....... .......... . . ....... ... ... .... ..... .. . ........... . . ...... .. ..... .... ................. ......... ... .... ..... ... .. ...... ... . . . CONERAL NOTES r 0 it 6 A 03 NAN) PAMO SPECIFICATION IT :j ii W 7 Be �. i�� � � „•, �•'f,- ' - . '..... --,r cwr.slm .,r„(, ,.e,rNUl N— ' 14 - AREA OF to� SIAM” WATER 10, Umw .'It IN— I. —1.. 01 —1 RI—. r A b A T Few I -------- AIR 65 -11 -.NOW � � a NINE CT TO 2" TO IN "VERI.. 9 W— A, w At 01 'ET-- 1. Ex. A S V MM 42— (L-.A cPM 1 Mn)) STORM STRUCTURE SCHEDULE 55,916 S.F ACRES 7. CIA I Ae NEC NAN 4-32M LEGEND CEE 2 0 M-3250 CIE 3 KENAN -=0 NERNANNI TO NM LOUCKS PROTECT NO: 02113 WA 7,5 REV ON C(NElt A (;,N.Pju 11THITV NOTFI;• F z 65 h AVENUE N. ,lNACFON ­ TO CONSTRUCTION ALL STORM SEWCP ME BE 5 tB&C. OTMAWNTIC —EB. N ASSOCIATES 615 I— µ NE NOTE w O"Ce OF � OOTOKPANOE& NE CON. FOR S— STATE ONE C.V FOR IIUN • E — PRIOR TO, STATE �CW S M "' l—E B E WTEI W�M S �U C M O O�U�W n lI C �S�� C: C $ W"�l. - M� ' f - m wAIERMMN I OF TNT `STANDARD ANO UR E UK NiST—ON ANO --1 SEWER AN. VOA- — I--- IN CON'.. TO �O— AU`CB. E BROOKLYN CENTER MINNESOTA TK ON ENM � —NOW, ON MINN.` ANO TO TIRE �SUWDARQ SPEC —ION CONSTRUCTION N. DEPT. OF TRANSPORTATION, TIC THE CONTRACTOR SNLLL VERIFY NE LOCATION NNO ELEVATION OF EXI-NG NIGNWAY # CORKE't CURRENT AOD NEW. NE CONTRACTOR SNAIL BE REQUITED TO FOLLOW ALL PROCENRES UTTU M " TOPOOUPIIIGL FEATURES NN NJ OWNERS .0 F."l-WRIFF HENNEPIN AS OUTLWEO Br THE ROCK AGTNCY. 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IPCP13429 O D' \WORK \PRELIM \Brooklyn center — regal \4379wwa1.dwg Wed Nov 13 09:17:19 2002 avacv+auvamn. rsns�- +.r.w�wv...nw �� -n-aew w.�� i . ... .P r it glint, i Fi i�bEYb3 � � r Y�Y III 1 . + Yyiy e.� IT li f � 7 rq /Q I �.T •�\ \ IS7.0 t I � r id I � +ALIP � ' I ; C � q fit it I t Pit 9 b 7 h S i i +s-w* BUILOIN6 REOTOTTPe /nMcDonald's Corporation moLlvj wp (."TikxTION . narof I _ 0 o° ° o �a I 13 co0 _ u � p IIL _ O _ 00°0 ` n _ _ -- o C = _ q _ - C coca 00 c c .:;'.'. ° S _ ° Mat - 13 13 M ° ° 0° °a ° FM ° a 13 f t • MEMORANDUM DATE: December 12, 2002 TO: Ron Warren, Planning d Zoning Specialist g g P FROM: Scott Brink, Acting City Engineer SUBJECT: Proposed McDonald's Restaurant Location 66`'' Avenue North at Camden Avenue The City of Brooklyn Center has received a request to consider allowing the construction of a McDonald's restaurant (4300 sq. ft., 90 seat) at the southeast corner, of the intersection of 66' Avenue North and Camden Avenue North. I have reviewed plans prepared by McDonald's and Loucks Associates dated November 12, 2002. My comments at this time regarding the proposed site development are as follows: • Traffic Access to the site would be allowed only from the shared driveway access with Super America (SA) along the south side of 66`''. This shared driveway access also lines up directly across from a driveway along the north side of 66' that serves the Holiday Service Station. The aligned driveways are essentially located at a median break that extends from Camden to T.H. 252. I do have a concern regarding the adequacy of the shared driveway and median break area to safely accommodate all traffic with the addition of the McDonald's. Included is a concern regarding the left turn movement from westbound 60' into the SA /McDonald's driveway and the ability of the westbound left turn lane to provide enough stacking space during peak hour periods. As you may recall, traffic studies were conducted in this area by S.E.H. 5 -6 years ago. However, at the time the Planned Unit Development for Regal Theaters was approved, this particular parcel was not designated or approved for this type of use. I have therefore contacted S.E.H. to re- review and comment with regards to this change in use, and will pass on those comments as they become available. • Review Comments - Camden /66'/Proposed McDonald's 1 f • Utilities Planning and development of the Regal Theater site considered the parcel of property where the McDonald's is proposed, including provisions for future drainage and utilities as follows: Drainage - As part of the PUD and site plan approval for Regal Theaters, a review and approval of the West Mississippi River Watershed was included. A storm water detention pond was constructed east of the theater, and was designed to include drainage from the proposed McDonald's site. A 15 -inch diameter storm sewer pipe was extended to the site to pick -up this additional drainage, and terminates on the south property line, approximately 50 west of the east property line. The McDonald's site grading plan should therefore be revised to route drainage accordingly to this location, rather that directly to Camden and 66` as shown. Utilities - as part of the Regal Theater development, upgrades to the City's sanitary sewer and P Pg tY Y water infrastructure were also performed, including the reconstruction of sanitary sewer and extension of water main across the east side of the proposed McDonald's site. In other words, sanitary sewer (8") and water (6 ") mains are located in the driveway and easement area between the site and Super America. It is, recommended that water and sewer services be extended from this location, rather than from Camden Avenue as shown. This would also • eliminate the disruption and expense of excavating into the new street (Camden), and closing traffic. These are my comments at this time. Additional comments will be provided as necessary should this application continue to move forward. • Review Comments - Camden /66`" /Proposed McDonald's 2 Member Boeck introduced the following resolution and moved its adoption: PJANNING COMMISSION RESOLUTION NO. 2002 -05 RESOLUTION REGARDING T E RECOMMENDED DISPOSITON OF PLANNING COMIVIISSION APPLICATION NOS. 2002 -018 AND 2002 -019 SUBMITTED BY MCDONALD'S CORPORATION. WHEREAS, City Council Resolution No. 98 -133 adopted on July 27, 1998 approved a rezoning from C -2 (Commerce) to PUD /C -2 (Planned Unit Development/Commerce) of the area bounded on the north by 66 Avenue and the SuperAmerica site; on the east by TH 252; on the south by Interstate 694; and on the west by Camden Avenue North; and, WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for the Regal Theater and certain conditions related to development on surrounding property; and WHEREAS, condition No:.,16 of that Resolution stated "the applicant has agreed and the City acknowledges that it will not allow the development of `pad site 2' and `pad site 3' as a fast food/convenience food restaurant, a gasoline service station/convenience store, car wash, pawn shop or check cashing operation and the development agreement will acknowledge this restriction or limitation on the future use of the property"; and WHEREAS, Planning Commission Application Nos. 2002 -018 and 2002 -019 submitted by McDonald's Corporation requesting a Planned Unit Development to modify the original Planned Unit Development approval and agreement to allow the construction of an otherwise non - permitted convenience food restaurant at 'the southeast corner of 0' and Camden Avenues North and development plan approval for a 4,300 sq. ft., 90 seat McDonald's restaurant; and WHEREAS, the . Planning Commission held a duly called public hearing on December 12, 2002, when a staff report and public testimony regarding the Planned Unit Development amendment and development plan were received; and WHEREAS; the Planning Commission considered the Planned Unit Development Amendment request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City's Zoning Ordinance, the City's Comprehensive Plan and recommendations from members of the Northeast Neighborhood Advisory Group. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application Nos. 2002 -018 i and 2002=019 submitted by' McDonald's Corporation be denied in . light of the following considerations: ` 1. _ The proposed PUD amendment is not compatible with the policy and review guidelines contained in Section 35 -208 of the City Ordinances in the following ways: a. No clear and public.need or benefit has been shown by their proposal nor is there a broad public purpose evident. b. The proposed PUD amendment does not demonstrate merit beyond the interests of the owner or the applicant. C. The proposed PUD amendment is not consistent with and compatible with surrounding land uses. d. The PUD amendment proposal has not shown that the property is unsuited for the types of uses contemplated under the original Planned Unit Development. 2. The proposed PUD 'amendment is not consistent with Section 35 -355 in the following ways. • a. The proposed PUD amendment is not considered to be compatible with the standards, purposes and intent of the Planned Unit Development section of the Zoning Ordinance. b. The Planned Unit Development amendment proposal is considered to have a negative impact on the neighborhood in which it is located. C. The applicant has not shown that their proposed PUD amendment offers sufficient mitigating circumstances to modify the original Planned Unit Development to allow a convenience food restaurant on the site , or other disallowed uses. 3. The proposed Planned Unit Development amendment does not appear to be a. good utilization of the property under consideration and the future potential uses of the two adjacent'properties for commercial restaurant sites, other than convenience food restaurant sites, is a good long range use of the existing land and can be considered an asset to the community. 4. In light of the above considerations, it is believed.that the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance are not met and that this proposal is, therefore, not in the best interest of the community. BE IT FURTHER RESOLVED, b the Planning Advisory Commission of the City � Y g rY • of Brooklyn Center to recommend to the City Council that the development plan proposed under Application No. 2002 -019 be denied on the basis that the use is inconsistent with the provisions of 2 the original Planned Unit Development. i Date Chair ATTEST Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Reem and upon vote being taken thereon, the following voted in favor thereof: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn and Reem. and the following voted against the same:. None whereupon said resolution was declared duly passed and adopted. s �, 3 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA DECEMBER 12, 2002 REGULAR SESSION CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:37 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Sean Rahn, and Dianne Reem, were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioner Whitehead was absent and excused. APPROVAL OF MINUTES — NOVEMBER 14. 2002 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to approve the minutes of the November 14, 2002 meeting as submitted. The motion passed. Commissioner Rahn abstained as he was not present at the meeting. CHAIR'S EXPLANATION • Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. CRITICAL AREA AND MISSISSIPPI NATIONAL RIVER AND RECREATION AREA PLAN Mr. Warren recommended to the Commission that the public hearing be tabled until the January 16, 2003 Planning Commission meeting when further information will be provided to the Commission for their review regarding this matter. But because there was publication of the public hearing, the hearing should be opened and continued until January 16 2003. g g P �'Y PUBLIC HEARING — CRITICAL AREA AND MISSISSIPPI NATIONAL RIVER AND RECREATION AREA PLAN There was a motion by Commissioner Boeck, seconded by Commissioner Newman to open the public hearing for discussion and ti p g adoption of the Critical Area and Mississippi Pp i River and Recreation Area Plan. The Chair called for comments from the public. No persons from the public appeared before the Commission during the public hearing. There was a motion by Commissioner Boeck, seconded by Commissioner Reem to continued the • public hearing and table discussion of the Critical Area and Missisippi National River and 12 -12 -02 Page 1 Recreation Area Plan until the January 16, 2003, Planning Commission meeting. The motion S passed unanimously. APPLICATION NOS. 2002 -018 and 2002 -019 MCDONALD'S CORPORATION Chair Willson introduced Application Nos. 2002 -018 and 2002 -019, a request by McDonald's Corporation for a Planned Unit Development Amendment to modify the original Planned Unit Development approval to be allowed to construct an otherwise non - permitted convenience food restaurant at the southeast corner of 66 and Camden Avenues North and site and building plan approval for an approximate 4,300 sq. ft., 90 seat McDonald's restaurant on the site addressed as 615 66 Avenue North. The property is zoned PUD /C -2 (Planned Unit Development/Commerce). Convenience food restaurants such as that proposed are prohibited from locating in PUD /C -2 zone based on conditions made when the City approved the Planned Unit Development rezoning for the Regal theater and surrounding property. The underlying C -2 zone also prohibits convenience food restaurants from abutting an R -1, R -2 or R -3 zoning district including abutment at a street line. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 12 -12 -02 for Application Nos. 2002 -018, 2002 -019 and the Consulting Engineer's memo dated 12- 12 -02.) A Planned Unit Development rezoning and development plan approval was approved by the City Council under Resolution No. 98.133 on July 27, 1998. Condition No. 16 of City Council Resolution No. 98 -133 states "the applicant has agreed and the City acknowledges that it will not allow the development of • `pad site 2' and `pad site 3' as a fast food/convenience food restaurant, a gasoline service station/convenience store, car wash, pawn shop or check cashing operation and the development agreement will acknowledge this restriction or limitation on the future use of the property." Chair Willson called for comments from the Neighborhood Advisory Group. Mr. Todd Paulson, 6408 Willow Lane, presented a letter on behalf of Mr. Tom Kouri, who was unable to attend the meeting. Mr. Kouri is a member of the Northeast Neighborhood Advisory Group. His letter supports denial of the application due to the fact that the proposal does not meet the rezoning guidelines. He also points out that at the time the Regal site was developed, it was agreed that no fast food restaurants would be on the site. Mr. Steve Boone (Northeast Neighborhood Advisory Group Chair), 6712 Bryant Avenue North, expressed his disappointment that the Commission was reviewing this type of development on the site when it was clearly agreed that no such use would be allowed here. He also is against the proposal. Mr. Mike Snelson,7207 Emerson Avenue North, Northeast Neighborhood Advisory Group member, stated that he feels that there would be a more appropriate use for this site and it seems that the applicant has submitted this proposal because of the inability to market the property for the appropriate use allowed under the C -2 zoning district. He stated that the applicant makes note that the remaining lots on the site are too small for sit down restaurants and added that the • size of the remaining lots was a consideration at the time the Regal site was developed. 12 -12 -02 Page 2 • PUBLIC HEARING — APPLICATION NOS. 2002 -018 and 2002 -019, There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to open the public hearing on Application Nos. 2002 -018 and 2002 -019, at 8:46 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Jim Soderberg, owner of the Melrose Gates Apartments, 6401 Camden Avenue North, stated that he sees the development of a McDonald's restaurant more of a liability than an asset to the community. Ms. Lynn Thorkildson, Manager of Riverwood Townhomes, stated that she would like to see the application denied since the development of a fast food restaurant would bring undesirable traffic to the area and would negatively affect the neighborhood. She added that a sit down restaurant would create less congestion of traffic and would bring better clientele to the city. She feels a fast food restaurant would add to the amount of debris and trash created from the nearby gas station/convenience stores in the area and possibly add to the amount of pedestrian traffic. Mr. Terry Moses, owner of the property being proposed for development addressed the COmmission. He reminded the Commission that the access to the property was granted as a shared access with SuperAmerica at the time the median plan was approved by MN DOT. He reviewed the history of the redevelopment of the site. He explained how the parking requirements for the Regal Theater, resulted in some smaller sites for restaurant pads. The smaller sites have resulted in difficulty attracting sit down restaurants for development because of size, limited visibility and access. He added that they have tried without success to attract desirable sit down restaurants for this site. He feels that McDonald's will benefit the neighborhood by providing a convenient service to the neighborhood and to those traveling through the area. He added that the development will provide an added tax benefit by stimulating the economy with an increased tax base and adding jobs to the area. Ms. Lisa Diehl, Real Estate Representative for McDonald's Corporation, stated that McDonald's is a good corporate citizen and they create job opportunities. She provided photos of the interior finishes of McDonald's restaurants and also elevation drawings. Chair Willson asked about the mansard finish on the building. Ms. Diehl stated that it would continue around all four sides of the building as suggested in the staff report. Ms. Diehl acknowledged that the plan does not show screening or buffering around the site and added that they would welcome input from the neighborhood regarding type and size of screening around the site. They would also welcome the opportunity to work with the community regarding issues raised by neighbors at the meeting. Ms. Diehl acknowledged the State Statute that requires a decision by the City within 60 days after receiving a properly submitted application and added that they would be willing to extend the 60 -day time limit for review and approval if the Commission desires additional time to review the application. • Commissioner Boeck asked for statistics regarding the comparison of drive thru customers versus sit down customers. Ms. Diehl responded that 60 percent of customers use the drive thru. 12 -12 -02 Page 3 • No other persons from the public appeared before the Commission during the public hearing on Application Nos.2002 -018 and 2002 -019. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to close the public hearing on Application Nos. 2002 -018 and 2002 -019, at 9:25 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Newman inquired as to what uses are allowed in the C -2 zoning district. Mr. Warren offered an explanation for what uses, other than restaurants, are allowed in the C -2 zoning district. He also explained what discussions took place between the City and the developer when the property was initially submitted for a Planned Unit Development approval regarding the size of the remaining lots and the uses allowed. Mr. Warren added that it was understood that the site was developed with appropriate sized lots for the development of non - fast food restaurants. Chair Willson stated that he lives in the neighborhood and frequents the businesses in the area and feels that the traffic flow is difficult at .times. • Commissioner Reem stated that a denial of the application is not a reflection on the McDonald's Corporation but rather a realistic result considering what is allowed under the PUD previously approved. Commissioner Newman suggested an addition to Planning Commission Resolution No. 2002 -05 to reflect the input by the Neighborhood Advisory Group. Chair Willson stated that the applications should be considered together for approval or denial. ACTION TO APPROVE RESOLUTION NO. 2002 -05 (RECOMMENDING DENIAL OF APPLICATION NOS. 2002 -018 AND 2002 -019 SUBMITTED BY MCDONALD'S CORPORATION) There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to approve Planning Commission Resolution No. 2002 -05 Regarding the Recommended Disposition of Planning Commission Application Nos. 2002 -018 and 2002 -019 submitted by McDonald's Corporation, a resolution recommending denial. The motion passed unanimously. The Council will consider the application at its January 13, 2003 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. • 12 -12 -02 Page 4 OTHER BUSINESS • Mr. Warren discussed the proposed 2003 Planning Commission meeting schedule for approval by the Planning Commission. The Commission unanimously agreed to approve the 2003 schedule. Chair Willson inquired as to the Commission member's intent to continue to serve for those whose term expires on December 31, 2003. All affected Commissioners wished to be reappointed. - There was no other business. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:48 p.m. Chair Recorded and transcribed by: • Rebecca Crass • 12 -12 -02 Page 5 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITON OF PLANNING COMMISSION APPLICATION NOS. 2002 -018 AND 2002 -019 SUBMITTED BY MCDONALD'S CORPORATION. WHEREAS, City Council Resolution No. 98 -133 adopted on July 27, 1998 approved a rezoning from C -2 (Commerce) to PUD /C -2 (Planned Unit Development /Commerce) of the area bounded on the north by 66' Avenue and the SuperAmerica site; on the east by TH 252; on the south by Interstate 694; and on the west by Camden Avenue North; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for the Regal Theater and certain conditions related to development on surrounding property; and WHEREAS, condition No. 16 of that Resolution stated "the applicant has agreed and the City acknowledges that it will not allow the development of `pad site 2' and `pad site 3' • as a fast food /convenience food restaurant, a gasoline service station/convenience store, car wash, pawn shop or check cashing operation and the development agreement will acknowledge this restriction or limitation on the future use of the property"; and WHEREAS, Planning Commission Application Nos. 2002 -018 and 2002 -019 has been submitted by McDonald's Corporation requesting a Planned Unit Development Amendment to modify the original Planned Unit Development approval and agreement to allow the construction of an otherwise non - permitted convenience food restaurant at the southeast corner of 66'' and Camden Avenues North and development plan approval for a 4,300 sq. ft., 90 seat McDonald's restaurant; and WHEREAS, the Planning Commission held a duly called public hearing on December 12, 2002, when a staff report and public testimony regarding the Planned Unit Development amendment and development plan were received; and WHEREAS, the Planning Commission recommended denial of Application Nos. 2002 -018 and 2002 -019 by adopting Planning Commission Resolution No. 2002 -05 on December 12, 2002; and WHEREAS, the City Council considered Application Nos. 2002 -018 and 2002- 019 submitted by McDonald's Corporation at its January 13, 2003 meeting; and • RESOLUTION NO. WHEREAS; the City Council has considered this Planned Unit Development Amendment request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City's Zoning Ordinance, the City's Comprehensive Plan and the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application Nos. 2002 -018 and 2002 -019 submitted by McDonald's Corporation be denied in light of the following considerations: 1. The proposed PUD amendment is not compatible with the policy and review guidelines contained in Section 35 -208 of the City Ordinances in the following ways: a. No clear and public need or benefit has been shown by their proposal nor is there a broad public purpose evident. b. The proposed PUD amendment does not demonstrate merit beyond the interests of the owner or the applicant. • C. The proposed PUD amendment is not consistent with and compatible with surrounding land uses. d. The PUD amendment proposal has not shown that the property is unsuited for the types of uses contemplated under the original Planned Unit Development. 2. The proposed PUD amendment is not consistent with Section 35 -355 in the following ways. a. The proposed PUD amendment is not considered to be compatible with the standards, purposes and intent of the Planned Unit Development section of the Zoning Ordinance. b. The Planned Unit Development amendment proposal is considered to have a negative impact on the neighborhood in which it is located. C. The applicant has not shown that their proposed PUD amendment offers sufficient mitigating circumstances to modify the original Planned Unit Development to allow a convenience food restaurant on the site or other disallowed uses. 3. The proposed Planned Unit Development amendment does not appear to be a good utilization of the property under consideration and the future potential uses of the two adjacent properties for commercial restaurant sites, other than • convenience food restaurant sites, is a good long range use of the existing land and can be considered an asset to the community. • RESOLUTION NO. 4. In light of the above considerations, it is believed that the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance are not met and that this proposal is, therefore, not in the best interest of the community. BE IT FURTHER RESOLVED, by the City Council of the City of Brooklyn Center that the development plan proposed under Application No. 2002 -019 be denied on the basis that the use is inconsistent with the provisions of the original Planned Unit Development. 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. 10a • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ED NELSON FOR HIS DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER WHEREAS, Ed Nelson served as a member of the Brooklyn Center City Council from January 1, 1999, through December 31, 2002; and WHEREAS, his service to the City and his consistent leadership have contributed substantially to the sound progress and development of the city; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his services and achievements for the betterment of the city be permanently recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Ed Nelson is hereby recognized and appreciated by the City of Brooklyn • Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service he has rendered and the benefits he has secured to the citizens of 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. i City Council Agenda Item No. 10b • its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF TIM RICKER FOR HIS DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER WHEREAS, Tim Ricker served as a member of the Brooklyn Center City Council from May 2, 2001, through December 31, 2002; and WHEREAS, his service to the City and his consistent leadership have contributed substantially to the sound progress and development of the city; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his services and achievements for the betterment of the city be permanently recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Tim Ricker is hereby recognized and appreciated by the City of Brooklyn • Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service he has rendered and the benefits he has secured to the citizens of 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. • • City Council Agenda Item No. 10c Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE HOLLY SUNDAY ACTIVITIES WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of two thousand dollars ($2,000.00) and has designated it be used to support the Holly Sunday activities and WHEREAS, the City Council is appreciative of the donation and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donation with gratitude. 2. Appropriates the donation to the corresponding activity budget. • NOW, THEREFORE, BE IT RESOLVED by the City Council of 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. • OX City of Brooklyn Center I A Millennium Community MEMORANDUM DATE: 12/16/2002 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation for the Gift of the Brooklyn Center r Club in Support of the Holly Sunday Activities The Brooklyn Center Lions Club has presented to the City a donation of two thousand dollars ($2,000.00) They have designated that it be used to support the Holly Sunday activities. Staff recommends acceptance of the donation and asks that they be coded to the correspond ilig, activity budget. • 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 • City Council Agenda Item No. 10d Office of the City Clerk City o f Brooklyn Center A Millennium Community • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk j1WC DATE: January 8, 2003 SUBJECT: Select Presiding Officers - Mayor Pro Tem and Acting Mayor Pro Tern Section 2.06 of the City Charter requires the Council to choose from its members a mayor (president) pro tern 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 Tern 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 in most 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 2000 Debra Hilstrom — Mayor (president) pro tem Kay Lasman — Acting Mayor (president) pro tern Year 2001 Kay Lasman — Mayor (president) pro tem Bob Peppe — Acting Mayor (president) pro tern Year 2002 Bob Peppe — Mayor (president) pro tem Kay Lasman — Acting Mayor (president) pro ter For 2003, Mayor Kragness has indicated that she would ask for Council approval of her nomination of Kay Lasman as Mayor (president) pro tem. Bob Peppe 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.cityolbrooklyncenter.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 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 tem who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. 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 I Member Dave Rosene introduced the following resolution • and moved its adoption: pv RESOLUTION NO. 92 -262 os RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2.06 of the Brooklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tem who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tem may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS, the City Council desires to provide for an acting president pro tem who shall serve in the absence of the Mayor and president pro tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the most senior Councilmember shall • preside in the absence of both the Mayor and Mayor pro tem. BE IT FURTHER RESOLVED that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. November 23, 1992 Date Todd Paulson, Mayor ATTEST: , Deputy Clerk V 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. 10e • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS WHEREAS, several citizens have voluntarily served on City Advisory Commissions; and WHEREAS, their public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, their leadership and expertise have been greatly appreciated by the Brooklyn Center Advisory Commissions; and WHEREAS, it is highly appropriate that each member's service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center that the dedicated public service of: Nicole Bauernschmidt, NWHHSC Advisory Commission 11/26/01 - 12/31/02 Kathleen Carmody, Housing Commission 5/10/99- 12/31/02 Dennis Snook, Housing Commission 1/24/00- 12/31/02 Michael VonDeLinde, Housing Commission 3/9/98- 8/30/02 is hereby recognized and appreciated by the City of Brooklyn Center and staff is directed to prepare individual certificates of appreciation for each commission member. 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. Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk jLwt DATE: January 8, 2003 SUBJECT: Resolution Expressing Recognition and Appreciation of Members Who Have Served on City Advisory Commissions The attached resolution recognizes the public service of citizens who have voluntarily served on the City advisory commissions and have either resigned as commission members during 2002 or terms expired. A Certificate of Appreciation will be presented to these commission members at the annual April commission recognition. Attachment • 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. lof City of Brooklyn Center Office of the Mayor A Millennium Community MEMORANDUM TO: Councilmembers Carmody, Lasman, Niesen, and Peppe FROM: Myrna Kragness, May C.. DATE: January 8, 2003 SUBJECT: Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives for Other Organizations for 2003 At the January 13, 2003, 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 2002, Council Members were appointed as follows: Commission/Organization Council Member Financial Commission Ed Nelson • Housing Commission Tim Ricker Regional Human Rights Coalition Kay Lasman Park and Recreation Commission Bob Peppe Crime Prevention Program Kay Lasman NW Suburbs Cable Communications Commission Ed Nelson League of Minnesota Cities Kay Lasman North Metro Mayor Association Myrna Kragness Association of Metropolitan Municipalities Bob Peppe, Tim Ricker I would request the Council to ratify the following appointments for 2003: 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 open for Council discussion League of Minnesota Cities Kathleen Carmody North Metro Mayor Association Myrna Kragness Association of Metropolitan Municipalities Diane Niesen Brooklyn Center Special Events Committee open for Council discussion i s 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. 10g I 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, 2003 SUBJECT: Mayoral Appointments to City Advisory Commissions I i Several commission member terms on City advisory commissions expired December 31, 2002. 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 2002. Recommended Council Action: I. Motion by Council to ratify the nominations of Mayor Kragness with terms expiring as follows: Financial Commission - term to expire 12/31/2005 Housing Commission - term to expire 12/31/2005 Park and Recreation Commission - term to expire 12/31/2005 Planning Commission - term to expire 12/31/2004 NW Suburbs Cable Communications Commission - term to expire 12/31/2003 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, 2002, the Financial Commission terms of Timothy Elftmann, Donn Escher, and Gavin Wilkinson expired. Mr. Elftmann, Mr. Escher, and Mr. Wilkinson wish to continue their voluntary public service on the Financial Commission. Housing Commission The Housing Commission is composed of a chairperson and eight members, with members serving a three - year term. On December 31, 2002, the Housing Commission terms of Marry Barrus, Dennis Snook, and Judy Thorbus expired. Ms. Barrus and Ms. Thorbus wish to continue their voluntary public service on the Housing Commission. Mr. Snook did not wish to be reappointed. 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, 2002, the Park and Recreation Commission terms of Bud Sorenson and Rich Theis expired. Mr. Sorenson and Mr. Theis wish to continue their voluntary public service on the Park and Recreation Commission. Planning Commission • The Planning Commission is composed of a chairperson and six members, with members serving a two -year term. On December 31, 2002, the Planning Commission terms of Graydon Boeck, Sean Rahn, Dianne Reem, and Tim Willson expired. Mr. Boeck, Mr. Rahn, Ms. Reem, and Mr. Willson wish to continue their voluntary public service on the Planning Commission. 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, 2002, 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. • i City of Brooklyn Center Office of the Mayor A Millennium Community • MEMORANDUM TO: Councilmembers Carmody, Lasman, Niesen, and Peppe FROM: Myrna Kragness, Mayo DATE: January 8, 2003 SUBJECT: City Advisory Commission Nominations As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the nomination of the following persons: Financial Commission Timothy Elftmann 5301 Howe Lane Donn Escher 3107 65th Avenue North Gavin Wilkinson 7221 Willow Lane North • Housing Commission Mary Barrus 5441 Camden Avenue North Judy Thorbus 6265 Brooklyn Drive Park and Recreation Commission Bud Sorenson 6901 Toledo Avenue North Richard Theis 3006 Thurber Road Planning Commission Graydon Boeck 5601 Indiana Avenue North Sean Rahn 5740 Irving Avenue North Dianne Reem 6225 Chowen Avenue North Tim Willson 7007 Dallas Road Northwest Suburbs Cable Communications Commission Rex Newman 3107 61 st Avenue North 6301 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 • City of Brooklyn Center Procedures for Filling Commission /Task 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 lerk shall y al 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. I COUNCIL PROCEDURES ESTABLISHED FOR FILLING COMMISSION VACANCIES • City of Brooklyn Center Financial Commission Geographical Distribution (Chairperson and Six Members) Current Members January 8, 2003 Neighborhoods Applicants Current Members Southeast Mark Nemec 5538 Camden Avenue North Northeast Jerald Blamey 7136 Willow Lane North Gavin Wilkinson 7221 Willow Lane North • 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 • Brooklyn Center Financial Commission Attendance 2002 • Escher Five meeting dates, attended all five meetings Blarney Five meeting dates, attended four meetings, excused one meeting Elftmann Five meeting dates, attended all five meetings Hruska Five meeting dates, attended four meetings, excused one meeting Nemec Five meeting dates, attended four meetings, excused one meeting Peterson Five meeting dates, attended four meetings, excused one meeting Wilkinson Five meeting dates, attended four meetings, excused one meeting • • City of Brooklyn Center Housing Commission Geographical Distribution (Chairperson and Eight Members) Current Members January 8, 2003 Neighborhoods ' Applicants I Current Members I Southeast Mary Barrus 5441 Camden Avenue North Northeast Lloyd Deuel 1606 72nd Avenue North Northwest Ernie Erickson 6800 Drew Avenue North West Central Kris Lawrence - Anderson • 5213 Eleanor Lane Central Judy Thorbus 6265 Brooklyn Drive Mark Yelich 6018 Beard Avenue North Southwest I Three (3) Vacancies. I ATTENDANCE RECORD Housing Commission NAME 1/02 2/02 3/02 4/02 5/02 6/02 7/02 8/02 9/02 10/02 11/02 12/02 Mary Barrus appointed 4/22/02 - - - - X X X X X E X X Dennis Snook X U X X X E E X E X X X Judy Thorbus X X X X X X X X E X X X X = Present E = Excused U = Unexcused R = Resigned • City of Brooklyn Center Park and Recreation Commission Geographical Distribution by Park Service Area (P.S.A.) (Chairperson and Six Members) Current Members January 8, 2003 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 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 Don Peterson 3715 58th Avenue North John Russell 5312 N. Lilac Drive • CITY OF BROOKL YN CENTER PARKS AND RECREATION COMMISSION Meeting Attendance 2002 January. February JMarchfARH May' Jung Wuiy , : ' Auqust' Sepfember 06tobef JNo4ernbei, ID646hiber Go rnrrissioners ` No I'vo No No (Meeting Meeting Meeting Meeting Bud Sorenson I P P P P P P P P Roger Peterson P P A E P E P P Rich Theis P P P P E P P P Don Peterson P P P P P P P P John Russell P P P P P P P P Tom Shinnick P P A A P E P P Gail Ebert I E P P P P ` P P E P = Present E = Excused A = Absent I • City of Brooklyn Center Planning Commission Geographical Distribution (Chairperson and Six Members) Current Members January 8, 2003 Neighborhoods Ap plicants Current Members Southeast Northeast Sean Rahn 601 70th Avenue North, # 114 Tim Willson 6718 Colfax Avenue North Northwest John Whitehead • 4807 Wingard Place West Central Stephen Erdmann 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 • Planning Commission Attendance for 2002 Willson Boeck Erdmann Newman Rahn Reem Whitehead Jan 31 X X X X X X X Feb 14 X X X X X Absent /Ex X March 28 X Absent /Ex X X Absent /Ex X Absent /Ex May 16 X X Absent /Ex Absent /Ex Absent /Ex X X May 30 X X X X X X X June 13 X X Absent /Ex X X X X June 27 X Absent /Ex X X X Absent /Ex X July 25 X X X X X X X August 15 X X X X X X Absent /Ex August 28 X X Absent /Ex X X X Absent /Ex September 12 Absent /Ex X X X Absent /Ex X Absent /Ex October 31 X X Absent /Ex X Absent /Ex X Absent /Ex November 14 X X X X Absent /Unex X Absent /Ex i City Council Agenda Item No. 10h i • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council/Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or 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 stud the operations of , p y y p th e 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 rovides that e p at th 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. i City of Brooklyn Center Office of the City Manager 01 :77 A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Carmod asman, n, Pe pe FROM: Michael J. McCauley, City Manager DATE: January 8, 2003 SUBJECT: Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions On June 22, 1992, Resolution No. 92 -149 was adopted by the City Council. The last paragraph of the resolution directs the City Manager to place the resolution on the agenda for readoption the first meeting of the City Council each January as information and reminder of Council /Manager responsibilities. • 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 Council Agenda Item No. 10i i 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 2003. • 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. • Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Cler DATE: January 8, 2003 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 2003. 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 2003. • Attachments: ` Resolution Designating Official Newspaper Minnesota Statutes Chapter 331A Letter from Sun Newspapers * 6301 Shingle Creek Parkway ay 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 Page 1 of 8 Minnesota Statutes 2002, Chapter 331A. Copyright 2002 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 referring 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.nm.us/cgi-bin/getstatchap.pl 12/23/2002 Page 2 of 8 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 0 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 delivered 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 .mn.us /cgi- bin/getstatchap.pl 12/23/2002 Page 3 of 8 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 0 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. ubd. 3. Publication; suspension; changes. The 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 .mn.us /cgi- bin/getstatchap.pl 12/23/2002 Page 4 of 8 (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 •cedure 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. o f IST: 1984 c 543 s 22; 1991 c 53 s 1 == 331A.04 331A.04 Designation of a newspaper for official publications. http: / /viww. revisor. leg. state .mn.us /cgi- bin/getstatchap.pl 12/23/2002 � Subdivision 1. Priority. The governing body of any Page 5 of 8 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. HIST: 1984 c 543 s 23 A.05 331A.05 Form of public notices. Subdivision 1. English language. All public notices shall be printed or otherwise disseminated in the English language. 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; (b) if the notice is intended to inform the public about a future 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 lower case 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. D er 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 http: / /www. revisor. leg. state .mn.us /egi- bin/getstatchap.pl 12/23/2002 Page 6 of 8 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 V ice," "public notice," "notice," or uses similar terms, the erning body may use whatever form for the published notice at 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. O ubd. 2. Fees for publication. Notwithstanding udivision 1, no newspaper may increase its rates for publication 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 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 notices based on competitive bidding, the rate established by the competitive bidding shall be the rate charged for publication 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 ifications as a qualified newspaper as set forth in section .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 http: / /www.revisor.leg. state .nm.us /egi- bin/getstatchap.pl 12/23/2002 Page 7 of 8 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 40 t set forth the dates of the month and year and the day of week upon which the legal or official matter was published in 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. Any public notice may be printed in a newspaper published on Sunday, 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 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 == 331A.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 first instance, may be amended by order of the court or e, 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 http: / /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl 12/23/2002 Page 8 of 8 publication, proof of which may be made by affidavit of any person acquainted with the facts. HIST: 1984 c 543 s 29 1A.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 • • http://www.revisor.leg.state.nin.us/egi-bin/getstatchap.pl 12/23/2002 December 13, 2002 newspapers 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 2003. All published legal notices are posted on our website (www.mnsuri.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broad- en 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. O We would like to continue working with you, therefore, we will not be making a rate change for the aiming year. The rate structure for legals effective January 1, 2003 will be: 1 column width: $14.30 per inch for first insertion $ 7.15 per inch for subsequent insertions There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. T� e deadline for r eg,,,ilar length notices is 2:00 pm the Th:_:rsday prior to publication. B- 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 -6801. Thank you for considering the Sun Post as the official newspaper for the City of Brooklyn Center in 2003. We appreciate the opportunity to serve the needs of your community. Sincerely, *Jeff rey Coolman Vice President of Sales and General Manager ,-- 10917 VALLEY V IEW ROAD 0 EDEN PRAIRIE 0 MINNESOTA 55344 0 952 -829 -0797 0 FAx: 952 -941 -3588 i I • City Council Agenda Item No. 10j 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. • Office of the City Clerk City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Michael J. McCauley, City Man er FROM: Sharon Knutson, City Clerk DATE: January 8, 2003 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. • Attachment x`301 Shingle Creek Parkway y 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. 10k Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING MEMORANDA OF UNDERSTANDING WITH LABOR UNIONS FOR CAFETERIA CONTRIBUTION AND AMENDING EMPLOYEE PAY PLAN FOR 2003 WHEREAS, Collective Bargaining Agreements for several unions representing City g g �' p g employees have not been finally negotiated for 2003; and WHEREAS, it would be appropriate to authorize interim agreements regarding the City's contribution to the City's Cafeteria Plan pending final settlement of the Collective Bargaining Agreements; and WHEREAS, negotiations between the City and Local 49 have resulted in an agreement for the City to contribute $515 per month per employee for use in the employer's Cafeteria Benefit Plan; and WHEREAS, payment of $515 per month per employee for use in the employer's Cafeteria Benefit Plan would be reasonable and proper. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center that the City Manager be and hereby is authorized to enter into Memoranda of Understanding regarding the City's contribution to the City's Cafeteria Plan for City employees represented by Collective Bargaining Agreements on an interim basis pending final agreement of all terms and conditions governing the employment contracts for employees represented by labor unions in the year 2003 at the level of $515 per month per employee. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the Pay Plan for 2003 be and hereby is amended to provide that non - organized fulltime City employees of the City of Brooklyn Center will, effective l/ 1 /03 receive a contribution by the City of $515 per month per employee for use in the employer's Cafeteria Benefit Plan. 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. 101 Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION DIRECTING REVIEW OF HOUSING POLICIES AND ENFORCEMENT OF AGREEMENT WHEREAS, the City Council wishes to ensure that if the City issues housing revenue bonds or approves tax credits that agreements and policies are structured to ensure compliance by the developer with all obligations set forth in the agreements and policies related to housing bonds and tax credits; and WHEREAS, the City has issued and would issue housing bonds or approve tax credits for the purpose of creating or maintaining safe, sanitary, and decent housing; and WHEREAS, the City Council is directing a review by the City Attorney of housing issues to ensure compliance with bond requirements and to recommend any changes deemed appropriate to further the City Council's goals of ensuring safe, sanitary, and decent housing for the residents of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that it hereby directs the City Attorney to review agreements, laws, and policies of the City of Brooklyn Center with respect to housing revenue bonds and tax credits and to report to • the City Council on suggestions and recommendations, if any, to improve City policy or future agreements to ensure that developers are held to comply with the requirements of bond or tax credit documents to ensure the creation, maintenance, and continuance of safe, sanitary, and decent housing for which the City has issued housing revenue bonds or approved the use of tax credits. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that this report be assembled in an expeditious fashion with a target date of March 15, 2003, for the preparation and completion of this report. 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. 10m • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2003 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City has negotiated in good faith with Local 49 (Public Works) for a contract for the year 2003 as attached. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center approves the attached contract with Local 49 (Public Works) for calendar year 2003; and BE IT FURTHER RESOLVED that authorized wage and benefit adjustments not to exceed the maximum contained herein shall become effective according to the schedule of the contract which commences January 1, 2003. • 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 Brooklyn Center A Millennium Community • To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCaule City Manager Date: January 9, 2003 Re: Labor Agreement with Local #49 (Public Works employees) The proposed labor agreement with Local #49 covering unionized employees in the Public Works Department provides for a number of changes. The primary changes are: - I year duration: calendar year 2003 - 3% increase in wages - $515 per month for use in the City's Cafeteria Plan for health insurance premiums etc. ( premiums for family coverage in 2003 are $869.74 per month for Medica High and $794.00 per month for Medica Elect) - A new article 33 with identical language as in the police contracts on injury on duty • - Payment of $40 per month for Commercial Driver's License (in 2002 payment was $30 and $35 depending on type of license): we will be requiring new hires to obtain higher classification of license - Article 17 increased $15 per year on clothing allowance for work clothing, safety vests, etc. - Article 18 amended to clarify computation of overtime when sick leave has been used in a week - Article 29 was updated on the equipment being used - Article 30 was amended to provide a city representative to accompany an employee in court. In 2002, wages for public works employees were approximately 3% below the average of the cities with which we compare. This settlement will not address that issue. Health insurance contribution rates for our comparative group are also higher on average than our contribution rate. Given the fiscal situation, both with the State and the limitation of an effective .787% growth in General Fund revenues, this settlement is reasonable. 0 301 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 r • Labor Agreement Between the City of Brooklyn Center And the International Union of Operating Engineers (IUOE) Local No. 49 • January 1, 2003 - December 31, 2003 • TABLE OF CONTENTS • ARTICLE PAGE 1 Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Savings Clause 2 5 Union Security 2 6 Employer Security 2 7 Employer Authority 3 8 Seniority 3 9 Discipline 3 10 Employee Rights - Grievance Procedure 3 11 Job Posting 6 12 Probationary Periods 6 13 Right of Subcontract 7 14 Safety 7 15 Work Schedules 7 16 Relief and Meal Periods 7 17 Uniforms /Safety/Work Attire 7 • 18 Overtime Pay 8 19 Call Back 8 20 Standby Pay 8 21 Holiday Leave 9 22 Vacation Leave 9 23 Sick Leave 10 24 Severance Pay 10 25 Insurance 11 26 Seasonal /Temporary Employees 11 27 Part-time Employee Benefits 11 28 Wage Schedule 11 29 Working Out of Classification Pay 12 30 Legal Defense 12 31 Waiver 12 32 Duration 13 33 Injury on Duty 13 • r ARTICLE 1 - Purpose of Agreement • This Agreement is entered into between the City of Brooklyn Center hereinafter called the Employer, and Local No. 49, International Union of Operating Engineers, hereinafter called the Union. 1.1 Purpose a. Establish certain hours, wages and other conditions of employment; b. Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; C. Specify the full and complete understanding of the parties; and d. Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2 - Recognition The Employer recognizes the Union as the exclusive representative for all Employees in the job • classifications listed below who are public Employees within the meaning of Minnesota Statute 179A.03, Subdivision 14 excluding supervisory, confidential and all other employees: Mechanic, Maintenance I, Maintenance II, Maintenance III, and Night Service Person. ARTICLE 3 - Definitions 3.1 Union: The International Union of Operating Engineers, Local No. 49. 3.2 Employer: The individual municipality designated by this Agreement. 3.3 Union Member: A member of the International Union of Operating Engineers, Local No. 49. 3.4 Employee: A member of the exclusively recognized bargaining unit. 3.5 Base Pay Rate: The Employee's hourly pay rate exclusive of longevity or any other special allowance. 3.6 Seniority: Length of continuous service in any of the job classifications covered by Article 2 - Recognition. Employees who are promoted from a job classification covered by this Agreement and return to a job classification covered by this Agreement shall have their seniority calculated on their length of service under this Agreement for of promotion, transfer and la off and total len • purposes P Y gth of service with the Employer for other benefits under this Agreement. 1 3.7 Severance Pay: Payment made to an Employee upon honorable termination of . employment. 3.8 Overtime: Work performed at the express authorization of the Employer in excess of either eight (8) hours within a twenty -four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 3.9 Call Back: Return of an Employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. ARTICLE 4 - Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE 5 - Union Security • In recognition of the Union as the exclusive representative the Employer shall: 5.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the wages of all Employees authorizing in writing such deduction, and 5.2 Remit such deduction to the appropriate designated officer of the Union. 5.3 The Union may designate certain Employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 5.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE 6 - Employer Security The Union agrees that during the life of this Agreement it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the Employer. • 2 • ARTICLE 7 - Employer Authority 7.1 The Employer retains the full and unrestricted right to operate and manage all workforce, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. 7.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 8 - Seniority 8.1 Seniority will be the determining criterion for transfers, promotions and lay offs only when all job - relevant qualification factors are equal. 8.2 Seniority will be the determining criterion for recall when the job- relevant qualification factors are equal. Recall rights under this provision will continue for twenty -four (24) months after lay off. Recalled Employees shall have ten (10) working days after notification of recall by registered mail at the Employee's last known address to report to work or forfeit all recall rights. • ARTICLE 9 - Discipline 9.1 The Employer will discipline Employees only for just cause. 9.2 An Employee(s) will not be required to participate in an investigatory interview by the Employer where the information gained from the interview could lead to the discipline of the Employee(s) unless the Employee(s) is given the opportunity to have a Union Representative present at the interview to act as a witness for the Employee(s). ARTICLE 10 - Employee Rights- Grievance Procedure 10.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 10.2 Union Representatives The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so designated. 3 • 10.3 Processing of a Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 10.4 Procedure Grievances, as defined by Section 10. 1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty -one (2 1) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer - designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the • Agreement allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer - designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer - designated Step 2 representative. The Employer- designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer - designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. 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 in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the • Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the Employer's final answer in 4 Step 4. Any grievance not appealed in writing to Ste 5 b the Union within ten 10 • pP g p Y ( ) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. If the parties cannot agree upon an arbitrator, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. If the parties cannot agree upon an Arbitrator, then the parties may request a list of Arbitrators from the Bureau of Mediation Services. 10.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the • hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 10.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual Agreement of the Employer and the Union. • 5 10.7 Choice of Remedy • If, as a result of the Employer response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of Section 10.4 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of Section 10.4 the grievance is not subject to the arbitration procedure as provided in Step 5 of Section 10.4. The aggrieved Employee shall indicate in writing which procedure is to be utilized - -Step 5 of Section 10.4 or another appeal procedure - -and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved Employee from making a subsequent appeal through Step 5 of Section 10.4. ARTICLE 11 - Job Posting 11.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion or transfers from within provided that applicants have the necessary qualifications to meet the standards of the job vacancy, have the ability to perform the duties and responsibilities of the job vacancy. 11.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article 12- Probationary Periods. • 11.3 The Employer has the right of final decision in the selection of Employees to fill posted jobs based on qualifications, abilities and experience. 11.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 12 - Probationary Periods 12.1 All newly hired or rehired Employees will serve a twelve (12) months' probationary period. 12.2 All Employees will serve a twelve (12) months' probationary period in any job classification in which the Employee has not served a probationary period. 12.3 At any time during the probationary period a newly hired or rehired Employee may be terminated at the sole discretion of the Employer. 12.4 At any time during the probationary period a promoted or reassigned Employee may be demoted or reassigned to the Employee's previous position at the sole discretion of the Employer. 6 ARTICLE 13 - Right of Subcontract • Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by Employees covered by this Agreement. ARTICLE 14 - Safety The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. ARTICLE 15 - Work Schedules 15.1 The sole authority of work schedules is the Employer. The normal work day for an Employee shall be eight (8) hours. The normal work week shall be forty (40) hours Monday through Friday. 15.2 Service to the public may require the establishment of regular shifts for some Employees on a daily, weekly, seasonal, or annual basis other than the normal 7:00 - 3:30 day. The Employer will give seven (7) days advance notice to the Employees affected by the establishment of work days different from the Employee's normal eight (8) hour work day. 15.3 In the event that work is required because of unusual circumstances such as (but not • limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an Employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each Employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the Employee from so working. 15.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE 16 - Relief And Meal Periods 16.1 Two relief periods not to exceed fifteen (15) minutes are authorized at a practicable time within each Employee's shift. One relief period may be taken during the first half of the shift and the second relief period may be taken during the second half of the shift. 16.2 Each Employee shall be authorized one unpaid thirty (30) minutes meal period per shift. ARTICLE 17 - Uniforms /Safety/Work Attire The Employer will reimburse employees an allowance of $115 per calendar year for purchase of work clothing, protective clothing, safety jackets or vests, steel toed boots /shoes; uniform or rental of such work clothes for use on the job for Brooklyn Center. The City reserves its right to • ensure allowance is used for appropriate work attire. Receipts and description of purchase /rental required prior to reimbursement. 7 The Employer will purchase and maintain sufficient sets of work coveralls to be available and • specifically assigned for wear by Employees, other than mechanics, when engaged in unusually dirty tasks for the respective job classification. A determination of coverall assignments shall rest exclusively with the Employer. Mechanics shall be provided with uniforms by the Employer up to 11 pants and 11 short and long - sleeved shirts per week. ARTICLE 18 - Overtime Pay 18.1 Hours worked in excess of eight (8) hours within a twenty -four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one -half (1 -1/2) times the Employee's regular base pay rate. For the purposes of this section, "hours worked" shall include hours designated as holiday, sick or vacation time off. 18.2 Overtime will be distributed as equally as practicable. 18.3 Overtime refused by Employees will for record purposes under Article 18.2 be considered as unpaid overtime worked. 18.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. • 18.5 Employees will be paid in accord with Article 21 for work on holidays. ARTICLE 19 - Call Back An Employee called in for work at a time other than the Employee's normal - scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one -half (1 -1/2) times the Employee's base pay rate. ARTICLE 20 - Standby Pay Public Utility Employees who are designated by their supervisor to serve in a "standby" status on behalf of the City on a weekend will receive as compensation for such service five (5) hours of overtime pay for the period beginning the end of the work day on Friday and ending the start of the work day on Monday when serving in such status. Public Utility Employees who are designated by their supervisors to serve in a "standby" status on behalf of the City on a week night (Monday, Tuesday, Wednesday, or Thursday) that is not a holiday will receive as compensation for such service one (1) hour of overtime pay for each week night served in such status. Public Utility Employees who are designated by their supervisors to serve in a "standby" status on behalf of the City on a holiday will receive as compensation for such service two (2) hours of overtime pay for each holiday served in such status. Such standby pay shall be in addition to other compensation which the Employee is entitled to under this Agreement. 8 • ARTICLE 21 - Holiday Leave Holidays Defined. Holiday leave shall be granted for the following holidays: New Year's Day, January l; Martin Luther King, Jr. Day, third Monday in January; Washington's and Lincoln's Birthdays, third Monday in February; Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, first Monday in September; Christopher Columbus Day, second Monday in October; Veteran's Day, November 11; Thanksgiving Day, fourth Thursday in November; Post - Thanksgiving Day, Friday after fourth Thursday in November; Christmas Day, December 25; and one floating holiday annually to be scheduled with permission of the Employee's supervisor. When New Year's Day, Independence Day, Veteran's Day, or Christmas Day fall on Sunday, the following day shall be observed as a holiday. When they fall on Saturday, the preceding day shall be observed as a holiday. Employees' absence from work on the day following or the day preceding such a three -day holiday weekend without the express authorization of the Employer shall forfeit rights to holiday pay for that holiday. Employees working a normal Monday through Friday workweek, who are required to be on duty on any holiday, shall be paid time and one -half for the hours worked in addition to the base pay rate, except that such employees who are required to be on duty on New Year's Day, Thanksgiving Day, or Christmas Day, shall be paid twice the employee's regular pay for the hours worked in addition to the base pay rate. • ARTICLE 22 - Vacation Leave 22.1 Amount. Permanent Employees shall earn vacation leave at a rate of 6.67 hours for each calendar month of full -time service or major fraction thereof. Permanent Employees with five consecutive years of service through ten consecutive years of service shall earn vacation at the rate of 120 hours per year. Permanent Employees with more than ten consecutive years of service shall earn vacation leave according to the following schedule: During 11th year of service 128 hours per year. During 12th year of service 136 hours per year. During 13th year of service 144 hours per year. During 14th year of service 152 hours per year. During 15th year of service 160 hours per year. Employees using earned vacation leave or sick leave shall be considered to be working for purposes of accumulating additional vacation leave. 22.2 Usage. Vacation leave may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. Employees shall not be permitted to waive vacation leave and receive double pay. 22.3 Accrual. An Employee may accumulate no more than a maximum of 230 hours of • vacation leave that can be carried over from year to year. 9 22.4 Termination Provisions. Employees leaving the service of the Employer in good • standing, after having given the Employer proper notice of termination of employment, shall be compensated for vacation leave accrued and unpaid, computed to the date of separation. ARTICLE 23 - Sick Leave 23.1 Eligibility. Sick leave with pay shall be granted to probationary and permanent Employees at the rate of eight hours for each calendar month of full -time service or major fraction thereof. 23.2 Usage. Sick leave may be used normally for absence from duty because of personal illness, injury, or legal quarantine of the Employee, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents -in -law, spouse, or children of the Employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers -in -law, sisters -in -law, grandparents, grandparents -in -law, and grandchildren of the Employee. 23.3 Accrual Sick leave shall accrue at the rate of eight hours per month until 960 hours have been accumulated. After 960 hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month, and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month. Employees • using earned vacation leave or sick leave shall be considered to be working for the purposes of accumulating additional sick leave. Worker's Compensation benefits shall be credited against the compensation due Employees during sick leave. 23.4 Procedure. In order to be eligible for sick leave with pay, Employees must: 1. Notify their superior prior to the time set for the beginning of their normal work day. 2. Keep their superior informed of their condition. i 3. The City Manager may require a medical certificate as may be deemed necessary before approving the utilization of sick leave consistent with the Family Medical Leave Act. 23.5 Misuse Prohibited. Employees claiming sick leave when physically fit, except as otherwise specifically authorized in 23.2 shall be subject to disciplinary action up to and including discharge. I ARTICLE 24 - Severance Pay Severance pay in the amount of one -third the accumulated sick leave Employees have to their credit at the time of resignation shall be paid to Employees who have been employed for at least five consecutive years. If discharged for cause, severance pay shall not be allowed. • 10 i ARTICLE 25 - Insurance 25.1 2003 Full -time employees Effective 1/1/03, the City will contribute payment of five hundred and fifteen dollars ($515) per month per employee for use in the Employer's Cafeteria Benefit Plan. 25.2 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. ARTICLE 26 - Seasonal/Temporary Employees Employees employed by the Employer on a seasonal /temporary basis for no more than 180 calendar days per calendar year either in a full -time or part-time capacity (more than 14 hours per week) will be compensated as determined by the Employer for the term of this employment. Such Employees will not be eligible for any benefits under this Agreement except those which may be required by law or those which are specifically outlined below. ARTICLE 27 - Part -Time Employee Benefits Part-time Employees shall not be eligible to receive fringe benefits under this Agreement. • ARTICLE 28 - Wage Schedule - Effective January 1, 2003 2003 Maintenance III $19.98 Maintenance H $19.22 Step 3 $17.86 Step 2 $16.54 Step 1 $15.21 Start $13.88 Mechanic $20.02 Night Service Person $18.89 Hourly Differentials: Welding $19.63 Crew Leader: An Employee assigned in writing by the Department Head or Public Works Superintendent to assist a supervisor as crew leader will be paid $1.50 per hour over their base wage of their regular position while performing such duties. Night Service Person: A night service person who is assigned in writing by the supervisor to do mechanics work will receive mechanics hourly rate of pay for time working such assignment. CDL Availability Pay: In recognition of the requirements to maintain a CDL license and the required availability to be subject to recall, employees shall receive CDL availability pay. • Employees holding a valid CDL license shall be paid $40 per month for each complete month of employment during which such CDL license shall be valid. 11 ARTICLE 29 - Working Out of Classification Pay i Employees required by the Employer and who are adjudged by the Employer to be qualified to operate the following items of equipment will be paid the Maintenance III rate of pay for those hours assigned to the unit: Equipment Requiring Class "A" CDL Motor Grader Aerial Bucket Sewer Jet Truck- Mounted Vactor Caterpillar #950B Front -End Loader Backhoes Caterpillar Front -End Loader Model 928 Crawler Dozer Street Sweeper /Pick -up or Vac Type Oil Distributor Employees required by the Employer and who are adjudged by the Employer to be qualified to operate the following items of equipment will be paid the Maintenance II rate of pay for those hours assigned to the unit: Blacktop Paver Bombardier or MT Trackless Sidewalk Truck (20' reach and over) and Trail Units Or similar Boom Type Units Sewer Rodding machine Brush Chipper Tandem Axle Trucks Mower over 10' cutting width Tree Spade Paint Striper - Truck Mounted Farm Type Tractors • Trucks - Single - Axle Over 26,000 GVW Skid Steer Employees assigned by the Employer to Utility Operator will be paid the wage rate of the job classification to which the Employee is assigned. ARTICLE 30 - Legal Defense 30.1 Employees involved in litigation because of negligence, ignorance of laws, non- observance of laws, or as a result of Employee judgmental decision may not receive legal defense by the municipality. 30.2 Any Employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the Employee's employment, when such act is performed in good faith and under direct order of the Employee's supervisor, shall be provided with a City assigned representative to accompany the employee and shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such Employee in defending against such charge. ARTICLE 31 - Waiver 31.1 Any and all prior Agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the • provisions of this Agreement, are hereby superseded. 12 31.2 The parties mutually acknowledge that during the negotiations which resulted in this • Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to an term r condition employment ecific gr p y o on on of not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE 32 - Duration This Agreement shall be effective as of January 1, 2003, and shall remain in full force and effect until the 31st day of December 2003. ARTICLE 33 — Injury on Duty Employees injured while performing the official duties of their employment with the Employer and who are thereby rendered unable to work and are eligible for Workers' Compensation shall receive their regular wages and benefits for up to sixty (60) working days after an initial three (3) day eligibility period, pending doctor's authorization. The three (3) day eligibility will be taken from the Employee's own accrued sick leave. While out on injury on duty, all monies received • from Workers' Compensation shall be turned over to the City of Brooklyn Center. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of .2003. FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, Business Manager President Recording Secretary Business Representative Union Steward Union Steward FOR THE CITY OF BROOKLYN CENTER Mayor City Manager • 13