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HomeMy WebLinkAbout2003 03-10 CCP Regular Session AGENDA • CITY COUNCIL STUDY SESSION March 10, 2003 6:00 p.m. Council Commission Conference Room i 1. City ouncil Discussion f y o Agenda Items and Questions 2. Council Member Niesen: Retention of Council Meeting Video Tapes 3. Council Member Niesen: Decorating Wall Behind Council Dais 4. Miscellaneous 5. Adjourn s • 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: March 5, 2003 Re: Council Meeting Video Tapes Council Member Niesen requested that the Council discuss the length of time video tapes are retained after City Council meetings. Attached is a memorandum from the City Clerk with the Records Retention Policy on video tapes. That policy requires retention for 3 months. Tapes are not necessarily erased as frequently as 3 months in practice, but may be erased 3 months after adoption of final minutes. Tapes are generally not kept for any appreciable time period. Occasionally a tape has been retained when an issue has arisen prior to its normal erasure. • I 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 Office of the City Clerk City of Brooklyn Center • A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Man ger FROM: Sharon Knutson, City Clerk DATE: March 5, 2003 SUBJECT: Retention of Council Meeting Video Tapes Attached please find a copy of the City's General Records Retention Schedule relating to video tapes of public meetings. The retention period is 3 months after formal approval of written minutes. The tapes may be reused. 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 GENERAL RECORDS RETENTION SCHEDULE FOR MINNESOTA CITIES SECTION CODE TITLE & DESCRIPTION RETENTION ARCHIVE YIN CLASSIFICATION STATUTE PERIOD ADMINISTRATION ADM 06460 VIDEO TAPES - PROJECTS File with No Public projects or keep as long as projects are retained. ADMINISTRATION ADM 06500 VIDEO TAPES OF PUBLIC MEETINGS Erase and No Public reuse tapes 3 months after formal approval of written minutes REVISED: MARCH 2002 Page 7 of 75 City of Brooklyn Center A Millennium Community e To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: March 5, 2003 Re: Council Chambers Council Member Niesen requested that the Council discuss placing something behind the Council dais. Mr. Glasoe investigated an option of placing "City of Brooklyn Center" in letters behind the dais. The cost of letters was around $900 plus installation. We have put several items on hold given the budget crisis. Another finishing touch would be some type of canopy at the City Hall entrance that would incorporate signage identifying City Hall and the entrance. Faced with lay -offs and elimination of programs and reduced services, we have not gone forward with finishing enhancements. If the Council wishes to have us explore options for the area behind the dais, we will do so to provide options. I would prefer to ® have staff spend time on ideas for dealing with budget cuts rather than on options for Council Chamber decorating. e 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 Public Copy CITY COUNCIL MEETING • City of Brooklyn Center March 10, 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. Call to Order Regular Business Meeting -The City Council requests that attendees turn off cell phones and pagers during the meeting. 4. Roll Call • 5. Pledge of Allegiance 6. Council Report 7. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. February 10, 2003 - Study Session 2. February 10, 2003 - Regular Session 3. February 24, 2003 - Study Session 4. February 24, 2003 - Regular Session 5. February 24, 2003 - Work Session b. Licenses • CITY COUNCIL AGENDA -2- March 10, 2003 C. Approval of Application for Exemption from Lawful Gambling License (Raffle Application) from the North Hennepin Community College Foundation for an Event to be Held at Earle Brown Heritage Center on April 25, 2003 8. Public Hearings a. An Ordinance Amending Chapter 4, Section 4.05, of the Brooklyn Center City Charter -This ordinance was introduced on February 10, 2003, and published in the City's official newspaper on February 19, 2003. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. b. Improvement Project Nos. 2003 -01, 02, and 03 Happy Hollow Area Street, Storm Drainage, and Utility Improvements • 1. Resolution Ordering Improvements and Authorizing Development of Plans and Specifications for Improvement Project Nos. 2003-01,02, and 03, Happy Hollow Area Street Storm Drainage, and Utility Improvements - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. 2. Resolution Certifying Special Assessments for Improvement Project Nos. 2003 -01 and 2003 -02, Contract 2003 -A, Happy Hollow Area Neighborhood Street and Storm Drainage Improvements to the Hennepin County Tax Rolls -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. • CITY COUNCIL AGENDA -3- March 10, 2003 C. Proposed Special Assessments for Diseased Tree Removal Costs, Delinquent Weed Removal Costs, and Delinquent Public Utility Service Accounts - Resolution Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Tax Rolls - Resolution Certifying Special Assessments for Delinquent Weed Removal Costs to the Hennepin County Tax Rolls - Resolution Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolutions. 9. Council Consideration Items a. Discussion and Consideration of City Council Policy on Open Forum: Request of Dan Remiarz - Requested Council Action: - Discussion and direction from the Council. • b. Schedule Joint Meeting With Housing Commission for April 2, 2003, at 6 p.m. - Requested Council Action: - Motion to schedule April 2, 2003, 6 p.m. for joint meeting with the Housing Commission. C. Schedule City Council Work Session for April 7, 2003, at 6 p.m. - Requested Council Action: - Motion to schedule April 7, 2003, 6 p.m. for City Council Work Session. d. An Ordinance Repealing Chapter 2 of the City Ordinances of the City of Brooklyn Center and Adopting a New Ordinance Regarding the Disposition of Abandoned and Unclaimed Property - Requested Council Action: - Motion to approve first reading and set second reading and public hearing for April 14, 2003. e. Association of Metropolitan Municipalities Request to Adopt Resolution Urging State Legislature Not to Limit Local Ability to Respond to State Budget Cuts - Requested Council Action: - Motion to adopt resolution. • CITY COUNCIL AGENDA 4- March 10, 2003 • f. Resolution Opposing the Closure of Any Suburban Courthouse and Requesting Hennepin County District Court to Share Information and Cooperatively Examine Possible Solutions for State Funding Cuts -Requested Council Action: - Motion to adopt resolution. g. Resolution Approving the Contract for Law Enforcement Labor Services (LELS) Local 82 and the City of Brooklyn Center for the Calendar Year 2003 -Requested Council Action: - Motion to adopt resolution. h. Resolution Approving the Contract for Law Enforcement Labor Services (LELS) Local 86 and the City of Brooklyn Center for the Calendar Year 2003 -Requested Council Action: - Motion to adopt resolution. i. Resolution Declaring Surplus Property and Authorizing Sale of Said Property -Requested Council Action: - Motion to adopt resolution. • 10. Adjournment City Council Agenda Item No. 7a li • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA ST i UDY SESSION FEBRUARY 10, 2003 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 Pro Tern Kay Lasman at 6:00 p.m. ROLL CALL Mayor Pro Tern Kay Lasman, Councilmembers Kathleen Carmody, Diane Niesen, and Bob Peppe. Mayor Myrna Kragness was absent and excused. 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 agenda items 7' Resolution Requesting a Variance from Minnesota Department De g J, q g p of Transportation State. Aid Rules, Improvement Project 2002 -05, Xerxes Avenue North Reconstruction (Northway Drive to I -94); 8a, Planning Commission Application No. 2003 -002 Submitted By Dean Gannon Requesting for Site and Building Plan Approval to Construct a 4 -unit Townhome Complex at the Northeast Corner of 50 Avenue North and France Avenue North (5000 France venue North); and 9d, Resolution Adopting the City of Brooklyn Center Critical Area and Mississippi National River and Recreation Area Plan. Councilmember Niesen informed the Council that she is not comfortable with adopting agenda item 9d, Resolution Adopting the City of Brooklyn Center Critical Area and Mississippi National River and Recreation Area Plan, since she is not familiar with the plan and does not like the last paragraph on page 33 of the plan. She questioned if eminent domain was used. City Manager Michael McCauley informed that eminent domain was being used and is still in process of having the preparatory work done. Interim Assistant City Manager/Director of Public Works Sharon Klumpp discussed the area in question. DISCUSSION OF ASSISTANT CITY MANAGER HIRING PROCESS Councilmember Niesen discussed that she is not happy with the candidate selected for the Assistant City Manager position and expressed concern about risks the City Council could face if the selected candidate is hired due to the allegations under which Mr. Boganey was forced to resign in Brooklyn • Park in mid 2002. 02/10/03 -1- DRAFT She stated that she believes the City Council should have a say in the hiring process since they are • Elected Officials and suggested that the City Council consider amending the City Charter to allow this to happen. Mayor Pro Tem Lasman informed Councilmember Niesen that she understands her position and discussed that she believes the City Charter is the best protection for the City. Council further discussed the selected candidate and expressed their opinions. REQUESTS FOR COUNCIL RESOLUTION This item was discussed at the Informal Open Forum. MISCELLANEOUS There were no miscellaneous items discussed. ADJOURNMENT The City Council adjourned the Study Session at 6:45 p.m. • City Clerk Mayor s 02/10/03 -2- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 10, 2003 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum at 6:45 p.m. ROLL CALL Mayor Pro Tern Kay Lasman, Councilmembers Kathleen Carmody, Diane Niesen, and Bob Peppe. Mayor Myrna Kragness was absent and excused. 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. - Amy Luesebrink, 5557 James Avenue North, addressed the Council to discuss a resolution she had • provided for the Council's consideration regarding the support for Xcel Engergy's Metro Emissions Reduction Project. Council discussed and it was noted that this resolution would be added to the agenda for consideration. Dan Remiarz, 6201 June Avenue North, addressed the Council to request that the Informal Open Forum be televised and stated that he would like something in writing as to the outcome of his request. Councilmember Niesen informed Mr. Remiarz that she supports his request and discussed that one of her goals, as a new Councilmember, is to look at how the City communicates with citizens. Mayor Pro Tern Lasman discussed that the decision to not televise Informal Open Forum was because some citizens were intimidated by being on camera and not televising the Informal Open Forum would help citizens to feel more comfortable about addressing the City Council. Mayor Pro Tern Lasman suggested that this issue be placed on a City Council Work Session agenda to discuss and that the City Manager keep Mr. Remiarz informed. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Carmody, seconded by Councilmember Niesen to adjourn the informal open forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION Bob Jechorek offered the invocation. • 02/10/03 -1- DRAFT 3. CALL TO ORDER REGULAR BUSINESS MEETING • The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Pro Tern Lasman at 7:03 p.m. 4. ROLL CALL Mayor Pro Tern Kay Lasman, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Mayor Myrna Kragness was absent and excused. Also present were City Manager Michael McCauley, Interim Assistant City Manager/Director of Public Works Sharon Klumpp, Planning and Zoning Specialist Ron Warren, Acting City Engineer Scott Brink, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen and Councilmember Carmody reported that they attended the 92 Birthday Celebration on February 8, 2003. Mayor Pro Tern Lasman reported that she attended D.A.R.E. Graduation Ceremonies on January 28, • 2003, January 30, 2003, and February 4, 2003. She attended the Special Events Committee meetings on January 30, 2003, and February 6, 2003; the 92 Birthday Celebration on February 8, 2003, and the Snow Days in the Park Event on February 1, 2003. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the agenda and consent agenda with the addition of agenda item 9j, Resolution Supporting Xcel Energy's Metro Emissions Reduction Project. Motion passed unanimously. 7. APPROVAL OF MINUTES There was a motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the minutes of January 22, 2003, joint meeting with the Charter Commission, and the February 27, 2003, study and regular sessions. Councilmember Niesen abstained from the January 22, 2003, minute approval. Motion passed. 7b. LICENSES A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the following list of licenses. Motion passed unanimously. 02/10/03 -2- DRAFT • • GASOLINE SERVICE STATION Qwest Communications 6540 Shingle Creek Parkway MECHANICAL Silvernail Ent. Ltd 6603 36 Ave N, Crystal RENTAL Renewal: 6721 5 Street North Matthew Bolen 5909 June Avenue North Janine Atchison Initial: 6753 Humboldt Avenue North Kwi Ha Wong - Suburban Properties (Formerly Morning Sun Investments) 7c. APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE FROM THE EARLE BROWN ELEMENTARY PTA FOR AN EVENT TO BE HELD ON APRIL 11, 2003 A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the application for exemption from lawful gambling license from the Earle Brown Elementary PTA for an event to be held on April 11, 2003. Motion passed unanimously. • 7d. RESOLUTION SUPPORTING LEGISLATION TO PROVIDE IMPROVED FUNDING OPTIONS FOR CITY STREET IMPROVEMENTS RESOLUTION NO. 2003 -19 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING LEGISLATION TO PROVIDE IMPROVED FUNDING OPTIONS FOR CITY STREET IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7e. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR CHI -CHI'S RESTAURANT RESOLUTION NO. 2003 -20 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR CHI -CHI'S RESTAURANT • 02/10/03 -3- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. • 7f. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR RAINBOW FOODS RESOLUTION NO. 2003-21 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR RAINBOW FOODS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7g. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR CUB FOODS RESOLUTION NO. 2003-22 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR CUB FOODS • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7h. RESOLUTION AUTHORIZING THE CONVEYING OF CITY -OWNED PARCEL TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION RESOLUTION NO. 2003 -23 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CONVEYING OF CITY -OWNED PARCEL TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7i. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS 02/10/03 -4- DRAFT • RESOLUTION NO. 2003-24 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7j- RESOLUTION REQUESTING A VARIANCE FROM MINNESOTA DEPARTMENT OF TRANSPORTATION STATE AID RULES, IMPROVEMENT PROJECT 2002 -05, XERXES AVENUE NORTH RECONSTRUCTION (NORTHWAY DRIVE TO I -94) RESOLUTION NO. 2003-25 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION REQUESTING A VARIANCE FROM MINNESOTA DEPARTMENT OF TRANSPORTATION STATE AID RULES, IMPROVEMENT PROJECT 2002 -05, XERXES • AVENUE NORTH RECONSTRUCTION (NORTHWAY DRIVE TO I -94) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 8. PLANNING COMMISSION ITEM 8a. PLANNING COMMISSION APPLICATION NO. 2003-002 SUBMITTED BY DEAN GANNON. REQUEST FOR SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 4 -UNIT TOWNHOME COMPLEX AT THE NORTHEAST CORNER OF 50 AVENUE NORTH AND FRANCE AVENUE NORTH (5000 FRANCE AVENUE NORTH). THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT IT JANUARY 30, 2003, MEETING. City Manager Michael McCauley discussed that Planning Commission Application No. 2003 -002 submitted by Dean Gannon requesting for site and building plan approval to construct a 4 -unit townhome complex at the northeast corner of 50` Avenue North and France Avenue North (5000 France Avenue North) had been approved by the Planning Commission at its January 30, 2003, meeting and is recommended for approval by the City Council. • 02/10/03 _ _ 0 03 5 DRAFT Councilmember Niesen informed the Council that she had a few questions and inquired if Planning • and Zoning Specialist Ron Warren was going to do a presentation on the issue. Mr. Warren outlined the application submitted and noted that on the eighth condition approved by the Planning Commission, the application would need to replace the curb and gutter. He informed the Council that the Planning Commission recommended approval of Application 2003 -002 subject to the following conditions: 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, utility and erosion control 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 the completion of site improvements. 4. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 5. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of building • permits. 6. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 7. All work performed and materials used for the construction of utilities and curb and gutter shall conform to the City of Brooklyn Center's current standard specifications and details. 8. All driveways in this development shall be either blacktop or concrete in accordance with the requirements of the Zoning Ordinance. 9. The landscape plan shall be modified prior to the issuance of building permits to include additional shrubbery around the foundation of the building and in the green strip areas between the driveways. 10. The proposed landscaping along the north side of the site is considered to be an acceptable substitute for meeting the screening requirements of the Zoning Ordinance. 02/10/03 -6- DRAFT • • 11. The property owner shall execute an appropriate sidewalk easement, as approved by the City Engineer, for the portion of bituminous sidewalk at the southwest corner of the site. Said easement shall be executed prior to the issuance of building permits for this project. 12. The owner shall obtain a rental dwelling license from the City of Brooklyn Center if the townhome units are to be rented. 13. The owner shall replat the property or file a condominium declaration per the Minnesota Condominium Act if the units are to be sold separately. Councilmember Niesen asked if there would be two or four driveways. Mr. Warren responded that there will be four driveways and that they will comply with the standard width of the City's Ordinance. Councilmember Peppe questioned if the properties will be market value. Applicant Dean Gannon addressed the Council and informed that the properties will be market value. A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve Planning Commission Application No. 2003 -002 subject to the above listed conditions. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESCHEDULE FEBRUARY 18, 2003, CITY COUNCIL WORK SESSION TO FEBRUARY 24, 2003, IMMEDIATELY FOLLOWING THE REGULAR CITY COUNCIL MEETING Mr. McCauley suggested that the Council reschedule the February 18, 2003, City Council Work Session to February 24, 2003, immediately following the Regular City Council meeting so that all Council Members would be able to attend the Work Session. A motion by Councilmember Carmody, seconded by Councilmember Peppe to reschedule the February 18, 2003, City Council Work Session to February 24, 2003, immediately following the Regular City Council meeting. Motion passed unanimously. 9b. AN ORDINANCE AMENDING CHAPTER 4, SECTION 4.05, OF THE BROOKLYN CENTER CITY CHARTER Mr. McCauley discussed that the Charter Commission recommended an ordinance amendment to Chapter 4, Section 4.05 in order to comply with State Law. Councilmember Peppe questioned Section 3.01 that had been previously discussed with the Charter Commission. Mr. McCauley informed that the approval for this ordinance amendment is for Chapter 4, Section 4.05, and that the • public hearing will be to only move forward with Section 4.05. 02/10/03 -7- DRAFT A motion by Councilmember Peppe, seconded by Councilmember Niesen to approve first reading and set second reading and public hearing on March 10, 2003. Motion passed unanimously. • 9c. RESOLUTION AUTHORIZING AND DIRECTING THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND Mr. McCauley discussed that this resolution relates to agenda item 9h, LOGIS Police Software, and that the resolution authorizes a transfer from the General Fund to the Capital Projects Fund. This transfer will reduce the Police Department Support Services budget for 2002 and support the Council's goal of providing capital for projects of this nature and accounting for them in the Capital Projects Fund. RESOLUTION NO. 2003 -26 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AND DIRECTING THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. Councilmember Niesen questioned how to proceed with raising a discussion regarding agenda items. • She believes there are times when motions are made quickly not allowing the opportunity for discussion. Mayor Pro Tern Lasman explained the process the Council has been practicing. Councilmember Niesen suggested that the Council discuss this issue at a work session. 9d. RESOLUTION ADOPTING THE CITY OF BROOKLYN CENTER CRITICAL AREA AND MISSISSIPPI NATIONAL RIVER AND RECREATION AREA PLAN Mr. McCauley discussed that the City is required to adopt under various laws a Critical Area Plan and requested Mr. Warren to provide a presentation on the proposed plan. Mr. Warren outlined the materials prepared for the Council and discussed sections of the proposed Critical Area and Mississippi National River and Recreation Area Plan. Steve Cooper, 6632 West River Road, addressed the Council to discuss and express concerns he has with the riverbank project. He believes that the riverbank is not in any danger and suggested that the Council consider the reports that have been done regarding the project. 02/10/03 -8- DRAFT • • Janet Jordan, 6640 West River Road, addressed the Council to reiterate what Mr. Cooper had discussed and to inform the Council that she will loose her deck if the project moves forward. She believes there has been no satisfaction with the seven property owners involved and that there is no valid reason for this project. Lisa McNaughton, 6632 West River Road, addressed the Council to suggest that the City Council warrant further discussion of this project for the sake of all property owners involved. Mr. Warren informed the residents that the requested action this evening is to adopt the Critical Area and Mississippi National River and Recreation Area Plan, not the riverbank project. Mayor Pro Tern Lasman questioned if the plan was approved this evening if the riverbank project would continue. Mr. McCauley informed the Council that the riverbank project had already been approved by the City Council. He suggested that the Acting City Engineer Scott Brink prepare a report on the history and the actions taken on this project and to make the report available for the City Council and the neighbors involved. Councilmember Peppe discussed that after hearing the comments this evening he would like to have this project re- examined. He believes that Mr. Cooper has a good argument and that the Council needs to get more up to speed on this project and maybe even visit the project area. Council further discussed the ro'ect area and the eminent domain process used for the project. City P J p p J Attorney Charlie LeFevere informed the Council that he believes that the eminent domain process could be put on hold. Mr. Brink informed that real estate appraisals are currently being done and that there are additional easements required. There has been no offers or condemnations at this point. Councilmember Niesen informed that she is confused about this plan and is not ready to vote at this time. She questioned why the Capital Improvement Program (CIP) is in the Critical Area Plan and when it was written or last reviewed. Mr. Warren informed that the Critical Area Plan was written last fall and that the CIP is required as part of the plan. He provided a history and the methodology used for creating and updating the Critical Area Plan. Councilmember Peppe proposed that the Council adopt the resolution adopting the Critical Area and Mississippi National River and Recreation Area Plan and to put the riverbank project on hold to such a time the Council can get up to speed on the project. Councilmember Carmody seconded that motion. Councilmember Niesen discussed that she had issues of her own recently and that she believes no matter who is employed, someone needs to call or do something to make the communication strong regarding projects such as this. She requested a copy of the Army Corps. of Engineers, environmental report and asked that the authors appear at a future • City Council meeting. 02/10/03 -9- DRAFT Councilmember Carmody questioned what residents would need to be notified. Mr. Cooper • addressed the Council and informed that he would assume responsibility for the neighbors. RESOLUTION NO. 2003 -27 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE CITY OF BROOKLYN CENTER CRITICAL AREA AND MISSISSIPPI NATIONAL RIVER AND RECREATION AREA PLAN The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Councilmember Peppe made another motion to put the riverbank project on hold to such a time the Council can get up to speed on the project. Motions passed unanimously. 9e. BIDS RECEIVED FOR AIR PAKS AND TURNOUT CLOTHING FOR FIREFIGHTERS - RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF FIFTY -TWO SETS OF TURNOUT CLOTHING FOR FIREFIGHTERS - RESOLUTION ACCEPTING QUOTE FROM MINNESOTA FIRE AGENCIES PURCHASING CONSORTIUM SELF CONTAINED • BREATHING APPARATUS, CONTRACT NUMBER NZ- 2002 -4, AND AUTHORIZING THE PURCHASE OF THIRTY -FOUR SCOTT AIR PAK'S, THIRTY -FOUR SPARE AIR CYLINDERS, AND ONE RIT PAK FOR FIREFIGHTERS Mr. McCauley discussed that Fire Chief Ron Boman had solicited bids and that the two resolutions would accept the quotes received for turnout clothing and firefighter equipment. Councilmember Carmody requested that more descriptive materials be included with the agenda to help the Council better understand things they are not familiar with. RESOLUTION NO. 2003-28 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF FIFTY -TWO SETS OF TURNOUT CLOTHING FOR FIREFIGHTERS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 02/10/03 _10- -10- DRAFT I • RESOLUTION NO. 2003 -29 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE FROM MINNESOTA FIRE AGENCIES PURCHASING CONSORTIUM SELF CONTAINED BREATHING APPARATUS, CONTRACT NUMBER NZ- 2002-4, AND AUTHORIZING THE PURCHASE OF THIRTY -FOUR SCOTT AIR PAK'S, THIRTY -FOUR SPARE AIR CYLINDERS, AND ONE RIT PAK FOR FIREFIGHTERS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9L RESOLUTION ACKNOWLEDGING AND SUPPORTING APPLICATIONS FOR FUNDING TO THE MINNESOTA HOUSING FINANCE AGENCY AND FEDERAL HOME PROGRAM BY RESTART INCORPORATED AND AUTHORIZING EXECUTION OF ACKNOWLEDGEMENT OF RECEPTIVITY TO AN LCA (LIVABLE COMMUNITIES ACT) FUNDING AWARD Mr. McCauley discussed that the Council may wish to defer this item since there is so much uncertainty at this time. He informed the Council that representatives from Restart, Inc. were present if the Council wished to hear from them. • Jim Jasper, Executive Director of Restart, Inc., addressed the Council to provide information regarding their request and ask the Council to consider moving forward with their request. Councilmember Peppe discussed that he has in the past opposed to these types of request and that he would have to be consistent with his opinions and not vote in favor of this issue. Councilmember Niesen asked Councilmember Peppe to explain why he would not be in favor of this issue. Councilmember Peppe discussed his opinion and the similar issue that had happened with Shingle Creek Towers. Mayor Pro Tem Lasman discussed that at this time of uncertainty she does not believe the City has the funds to approve this request. Patricia Gurel, representative with Restart Inc., addressed the Council to discuss the grant application process with the Minnesota Housing Finance Agency (MHFA) and asked if the Council would continue with support of acknowledging and supporting the applications for funding to the MHFA even if they could not approve the funding. • 02/10/03 -11- DRAFT Mr. McCauley informed the Council that the resolution could be amended to remove the language that would authorize any funding and that the amended resolution could be adopted with the • direction to amend the title, remove the language in the third and fourth WHEREAS, and the second clause on page two of the resolution. RESOLUTION NO. 2003 -30 Councilmember Carmody introduced the following amended resolution and moved its adoption: RESOLUTION ACKNOWLEDGING AND SUPPORTING APPLICATIONS FOR FUNDING TO THE MINNESOTA HOUSING FINANCE AGENCY AND FEDERAL HOME PROGRAM BY RESTART INCORPORATED The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9g. SETTLEMENT AGREEMENT IN THE MATTER OF BROOKLYN CENTER VERSUS XCEL ENERGY, ET AL. REGARDING CONDEMNATION AWARD FOR THE 5001 INVESTMENTS AS REQUIRED FOR THE FRANCE AVENUE PROJECT Mr. McCauley discussed that this settlement agreement in the matter of Brooklyn Center versus Xcel Energy, Et. Al, regarding condemnation award for the 5001 investments as required for the France S Avenue Project is contingent on approval of the City Council. The settlement agreement provides for a total compensation of $550,000 for the property. The appraised value developed in connection with the eminent domain actions was $356,000. The owner's appraisal set the value of the land plus severance damages at approximately $915,000. The court appointed commissioners awarded $550,000. The settlement would result in both parties agreeing not to appeal the commissioner's award. Councilmember Niesen expressed her concern with this settlement agreement and stated that the original estimate of cost to acquire easements from the Murphy Warehouse property was $75,000. She informed since she was involved with this project she cannot vote on this settlement agreement due to a conflict of interest. Mr. McCauley responded that the value placed on the easement when estimating costs of the various options was substantially lower than either the professional appraiser's valuation or the court appointed commissioner's award. The original estimate did not contemplate, and in fact affirmatively indicated that severance damages were not associated with taking undeveloped land not used for parking or other purposes. The appraiser did find severance damages. His recollection was that Ms. Niesen's recollection of $75,000 sounded correct and as indicated the value placed on this easement was quite lower than the award. Councilmember Niesen informed that she believes the Council needs to listen more to citizens when issues are raised regarding the spending of their tax dollars and that something like this cannot happen again. 02/10/03 -12- DRAFT • • Mayor Pro Tem Lasman questioned if this item could be tabled. Mr. LeFevere informed that the settlement agreement is contingent upon the City Council's approval and that the City would not be able to contest due to the passage of time. Councilmember Peppe stated that he believes the Council should have been made aware of this issue earlier and questioned who pays the additional costs when occurred. Mr. LeFevere informed the Council that the State would pay the additional costs. Councilmember Carmody recapped the eminent domain used on the 53` Avenue project. A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve the settlement agreement in the matter of Brooklyn Center versus Xcel Energy, Et. Al, regarding condemnation award for the 5001 investments as required for the France Avenue Project. Councilmember Niesen abstained. Motion passed. 9h. LOGIS POLICE SOFTWARE Mr. McCauley informed the Council that approval is needed to move forward with the budgeted plan to participate in the Police software conversion through LOGIS. This issue may resurface to discuss if the Council would like to pay cash. A motion by Councilmember Peppe, seconded by Councilmember Carmody to approve participation • in the LOGIS Police software conversion. Motion passed unanimously. 9i. HAPPY HOLLOW NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS - RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2003 -01, 02 AND 03, HAPPY HOLLOW NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS - RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2003 -01 AND 02, CONTRACT 2003 -A, HAPPY HOLLOW NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS Mr. McCauley discussed that the process for the Happy Hollow project is proposed to have the project adopted at the same time the project is ordered and that the materials included would set the date of the public hearing on the assessments at the same time as the public hearing on the project itself. This process will be a potential savings for the City and save on staff time. • 02/10/03 -13- DRAFT Mayor Pro Tem Lasman questioned the process that will be used for setting the assessments. Mr. • McCauley informed that the resolutions would be drafted to state that interest would not be started until fall. Councilmember Carmody questioned when mailings regarding the prof ect are sent to residents. Mr. Brink informed the Council that a newsletter starts after the construction begins. RESOLUTION NO. 2003-31 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2003-01,02 AND 03, HAPPY HOLLOW NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 2003-32 Councilmember Carmody introduced the following resolution and moved its adoption: • RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FORIMPROVEMENT PROJECTNOS. 2003 -01 AND 02, CONTRACT 2003 -A, HAPPY HOLLOW NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9j, RESOLUTION SUPPORTING XCEL ENERGY'S METRO EMISSIONS REDUCTION PROJECT Mr. McCauley discussed this resolution was added to the agenda at the request of Amy Luesebrink, a resident of Brooklyn Center. Ms. Luesebrink addressed the Council to discuss the purpose of the resolution and to request support for the approval of the resolution. Councilmember Carmody made a motion to approve the resolution. Councilmember Peppe stated that he has a concern with adopting this resolution since a dollar amounts are not available or in writing. Ms. Luesebrink informed the Council that she believes Xcel Energy is projecting roughly three to four dollars for residential properties. 02/10/0 • 3 -14- DRAFT Mayor Pro Tem Lasman informed Ms. Luesebrink that h • s e believes this resolution is a worthwhile cause; however, the timing is not right and thanked her for bringing the issue forward. Councilmember Niesen stated that she supports the issue and the interest and suggested getting more information and to inquire about a regional group. g �' . P A motion b Councilmember Pe a seconded Y pp , b Councilmember Niesen to den the resolution. Y Y Councilmember Carmody voted against the motion. Motion passed. 10. ADJOURNMENT There was a motion by Councilmember Peppe, seconded by Councilmember Carmody to adjourn the City Council meeting at 9:36 p.m. Motion passed unanimously. City Clerk Mayor • • 02 -15- -15 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 FEBRUARY 24, 2003 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 Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. 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 • Councilmember Peppe expressed his concerns regarding City Council Agenda Item 9c, Report on Riverbank Protection Project, Improvement Project No. 1999 -11, and informed that he would like to get a better understanding why the sewer line was designed the way it was and questioned if the current design is acceptable. Councilmember Carmody questioned why the water and sewer did not run in the same line. City Manager Michael McCauley discussed that the water line is much easier to run under pressure. Councilmember Niesen questioned why the easements are needed now and were not needed previously. Mr. McCauley informed that the easements required would help with the construction of this project. Interim Assistant City Manager /Director of Public Works Sharon Klumpp added that after construction the temporary easements would be restored to their previous condition. Councilmember Niesen informed she has a concern about the alternative flow. Councilmember Peppe questioned the usable property and water access for property owners and what it would do to the property values. Ms. Klumpp informed the Council that there would be a representative from the Army Corps of Engineers at the Regular City Council meeting to answer questions from the Council. • 02/24/03 -1- DRAFT Councilmember Carmody questioned what was being tested in City Council Agenda Item 7h, • Resolution Authorizing Execution of an Agreement with Wenck Associates to Complete a Diagnostic Study and Management Plan for Twin Lakes. Mr. McCauley informed that the testing is being done to improve the water quality and to research what to do or not to do with the wetland area. Councilmember Niesen informed that she appreciates these efforts for Twin Lakes and that she believes this will be a wonderful resource. Councilmember Peppe asked for clarification on Economic Development Authority (EDA) Agenda Item 4a, Resolution Terminating Development Agreement with Jerry's Enterprises, Inc. Mr. McCauley discussed that the developer has secured control of the development property making acquisition by the EDA unnecessary. Councilmember Niesen questioned if this area was an area considered for buses. Mr. McCauley informed that 56 Avenue was the area being considered for buses. Councilmember Niesen questioned City Council Agenda Item 9d, An Ordinance Repealing Chapter 2 of the City Ordinances of the City of Brooklyn Center and Adopting a New Ordinance Regarding the Disposition of Abandoned and Unclaimed Property. Mr. McCauley discussed that this would update the current ordinance. JOINT MEETING WITH HOUSING COMMISSION • Councilmember Carmody informed the Council that the Housing Commission would like to meet with the City Council regarding some issues. It was the consensus of the Council to have Mr. McCauley set a joint work session with the Housing Commission on April 2, 2003. Mr. McCauley noted that he would not be able to attend that meeting and suggested it might be helpful to have City Prosecutor Bill Clelland and Community Development Director Brad Hoffman present at the meting. An item will be placed on the March 10, 2003, agenda setting this meeting. MISCELLANEOUS Mr. McCauley inquired if a Council Member would like to be a representative on the Welfare Reform Executive Policy Committee. Mayor Kragness informed that she would be the City's representative. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the Study Session at 6:42 p.m. Motion passed unanimously. City Clerk Mayor • 02/24/03 -2- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 24, 2003 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. 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. No one appeared to address the Council. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the informal open forum at 6:42 p.m. Motion passed unanimously. 2. INVOCATION Ulysses Boyd from the Brooklyn Y Y y okl Center Prayer Breakfast Committee offered the invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Interim Assistant City Manager/Director of Public Works Sharon Klumpp, Acting City Engineer Scott Brink, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. • 02/24/03 -1- DRAFT 5. PLEDGE OF ALLEGIANCE • The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported that she attended a Juvenile Diversion Grant meeting on February 12, 2003, and a Special Events Committee meeting on February 18, 2003. She informed that there would be a Heritage Festival at the Brooklyn Center Senior High School on March 23, 2003. Councilmember Peppe reported that he visited the riverbank project area on February 22, 2003, to get a better vision of the project. Councilmember Niesen reported that she received the Brooklyn Center Community Guide and that she believes the guide is a valuable publication. She commended staff on the City's Website and informed that she is pleased with the City's Website. Mayor Kragness informed that she was having telephone problems and apologized if anyone was trying to get a hold of her. She discussed that the Goose Creek Tavern at Brookdale Mall will be opening the first week of March and that she toured the restaurant and viewed a menu. Councilmember Carmody reported that she attended the Earle Brown Days Board of Directors meeting and the Housing Commission meeting on February 18, 2003. • 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the agenda and consent agenda with the request to refer Consent Agenda Item 7a, Approval of Minutes to the work session; and removing Consent Agenda Items 7f, Resolution Authorizing the City of Brooklyn Center to Enter Into an Agreement with the Minnesota Department of Transportation, Agreement No. 83632 -R, Trunk Highway No. 100 Improvements, State Project No. 2755 -75, and 7h, Resolution Authorizing Execution of an Agreement with Wenck Associates to Complete a Diagnostic Study and Management Plan for Twin Lakes to Council Consideration Items. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to refer the minutes of February 10, 2003, study and regular sessions to the work session. Motion passed unanimously. 02/24/03 -2- DRAFT • 7b. LICENSES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. GASOLINE SERVICE STATION Qwest Communications 6540 Shingle Creek Parkway MECHANICAL J T Enterprises 1400 Goose Lake Road, Gem Lake RENTAL Renewal: 421362 d Avenue North Xeng Yang 5500 Bryant Avenue North Nedzad Ceric 5239 Drew Avenue North William Washington 4708 Lakeview Avenue North Gary Scherber Initial: 6037 Ewing Avenue North Thor Yang TOBACCO RELATED PRODUCT Centerfield Bar and Cafe 1501 Freeway Boulevard Rainbow Foods 6350 Brooklyn Boulevard TAXICAB Darrin Billig P.O. Box 29443, Brooklyn Center Larry Togar - Pioneer Taxi 38 Burns Drive, Dayton 7c. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASE/REDUCTIONS: BROOKDALE CHRYSLER PLYMOUTH, 6107 -6121 BROOKLYN BOULEVARD -IHOP RESTAURANT, 5601 XERXES AVENUE NORTH A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the site performance guarantee release /reductions for Brookdale Chrysler Plymouth, 6107 -6121 Brooklyn Boulevard; and IHOP Restaurant, 5601 Xerxes Avenue North. Motion passed unanimously. 7d. RESOLUTION APPROVING ISSUANCE OF AN ON -SALE, CLASS B INTOXICATING LIQUOR LICENSE TO REF'S SPORTS BAR & GRILL, INC. DBA/REF'S SPORTS BAR & GRILL • 02/24/03 -3- DRAFT RESOLUTION NO. 2003 -33 • Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING ISSUANCE OF AN ON -SALE, CLASS B INTOXICATING LIQUOR LICENSE TO REF'S SPORTS BAR & GRILL, INC. DBA/REF'S SPORTS BAR & GRILL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7e. RESOLUTION APPROVING ISSUANCE OF AN ON -SALE, CLASS D INTOXICATING LIQUOR LICENSE TO GCT- BROOKDALE, LLC, DBA GOOSE CREEK TAVERN & GRILL RESOLUTION NO. 2003-34 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING ISSUANCE OF AN ON -SALE, CLASS D INTOXICATING LIQUOR LICENSE TO GCT- BROOKDALE, LLC, DBA GOOSE CREEK TAVERN & GRILL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember • Lasman. Motion passed unanimously. 7f. RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ENTER INTO AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION, AGREEMENT NO. 83632-R, TRUNK HIGHWAY NO. 100 IMPROVEMENTS, STATE PROJECT NO. 2755-75 This item was removed from the consent agenda and placed on Council Consideration as agenda item 9e. 7g. AUTHORIZATION TO SUBMIT APPLICATION FOR NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PHASE II A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve authorization to submit application for National Pollution Discharge Elimination System Phase II. Motion passed unanimously. • 02/24/03 -4- DRAFT • 7h. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WENCK ASSOCIATES TO COMPLETE A DIAGNOSTIC STUDY AND MANAGEMENT PLAN FOR TWIN LAKES This item was removed from the consent agenda and placed on Council Consideration as agenda item 9f. 8. PUBLIC HEARING 8a. PROPOSED USE OF 2003 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS - RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2003 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS City Manager Michael McCauley discussed that each year the City is required to conduct a public hearing regarding the use of Urban Hennepin County Community Development Block Grant (CDBG) Funding. The proposed 2003 Urban Hennepin County CDBG funding for review is as follows: Shingle Creek Tower Project $175,000 Household Outside Maintenance for the Elderly $ 22,000 Community Emergency Assistance Program $ 13,000 Rehabilitation of Private Property $ 24,616 A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one appeared to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2003-35 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2003 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS 02/24/03 -5- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember • Carmody. Motion passed unanimously. - 9. COUNCIL CONSIDERATION ITEMS 9a. PROCLAMATION DECLARING MARCH 2003 TO BE MINNESOTA FOODSHARE MONTH Councilmember Lasman read the Proclamation Declaring March 2003 to be Minnesota FoodShare Month. A motion by Councilmember Carmody, seconded by Councilmember Peppe to adopt Proclamation Declaring March 2003 to be Foodshare Month. Motion passed unanimously. 9b. PROCLAMATION DECLARING APRIL 27 THROUGH MAY 4, 2003, AS DAYS OF REMEMBRANCE Mayor Kragness read the Proclamation Declaring April 27 Through May 4, 2003, as Days of Remembrance. A motion by Councilmember Lasman, seconded by Councilmember Carmody to adopt Proclamation Declaring April 27 Through May 4, 2003, As Days of Remembrance. Motion passed unanimously. 9c. REPORT ON RIVERBANK PROTECTION PROJECT, IMPROVEMENT • PROJECT NO. 1999-11 Mr. McCauley stated that Acting City Engineer Scott Brink had prepared a report outlining the history and status of the project in response to direction from the, City Council at its meeting on February 10, 2003. Mr. Brink outlined, highlighted, and summarized the information prepared for the Council before asking for questions from the Council. Mayor Kragness raised the issue of properties with docks and plans for replacement after construction. Mr. Brink informed the Council that the property owners have participated in discussions and that this issue has not been resolved. Originally the City had discussions with the Army. Corps of Engineers regarding the contractor either working around the docks or putting them back in place. There have been discussions about compensating the property owners accordingly for their docks if they were to lose them. The City will work with the Department of Natural Resources DNR and the roe owners on issues affecting docks because the DNR is the agency � ) property rtY g � g Y responsible for permitting the docks. Mayor Kragness believes this is important because people may be buying their properties for access to the river. Councilmember Peppe questioned the outcome of alternative five. Mr. Brink discussed that he was 02/24/ • 03 -6- DRAFT • not present when the alternatives were evaluated. In discussions with the Army Corps of Engineers he did ask about the bioengineer design and the fear with that alternative is that it involves some cutting into the bank and this type of application has not been proven long -term. There was discussion regarding riprap and how it is anchored, the wood fiber blanket, and whether or not it is the best option in this case. Joe Mose, representative from the Army Corps of Engineers, addressed the Council stating that riprap is placed at a 1 to 1.75 slope and the rock should not slide down the bank. However, he did indicate that some erosion would be expected to occur. The slope is sandy and if any excavation is done on the slope, it will continue to slide. This option did not require any excavation and would place the riprap on the existing bank at an angle and thickness that would protect the sewer line and address the rock height issue. The height of rock currently proposed is 814.5 feet above sea level, which is a 50 -year flood elevation on the Mississippi River. He explained that the wrapped materials allow things to grow behind them and that they have gotten a lot of encouragement from the DNR to use that material. Councilmember Peppe asked where they have used this type of application in the past. Mr. Mose discussed that he has not used this before and that he could find out where it has been used. Councilmember Niesen asked Mr. Mose if he had been the lead person on this project from the Army Corps of Engineers. Mr. Mose informed that he has been the lead person; however, he has only been involved in this since April 2000, which was submitted to the City as a Section 14 request. Discussion ensued regarding communication with the property owners. Mr. Mose informed that last • summer he was out on a number of site visits with residents and prior to that he did site visits with the City's previous City Engineer, Todd Howard. Mr. Brink informed that the direct contacts have been with the seven property owners; however, Mr. Howard on a couple of occasions visited with the Riverwood Association, which encompasses not only that neighborhood but also some of the property owners north of I -694, and discussed that there were some articles in the Sun Post as well. Councilmember Niesen inquired if there have been a lot of changes based on what the residents have wanted. Mr. Mose informed that they have tried and done what they can to accommodate resident concerns regarding such things as elevations, tree coverage, and vegetation along the bank. Mr. Brink said it is a tough balance because they are looking at providing a final product that protects the sewer and protects the properties but when dealing with the Mississippi River there may be some disruption or change in appearance. Councilmember Peppe inquired about alternative five, particularly as it relates to the shoreline. He believes there is already protection for the riverbank and as a Council they have to pay attention to the effects relating to the shoreline and also the repercussions to properties south of the project. Mr. Mose informed that this project would not have an effect on the properties to the south. Councilmember Peppe expressed a concern with what this does to the residential property values along the river and wants to make sure that everything has been done to address all of the concerns raised. Mr. Mose informed that they had not looked at that specifically and have not run into a situation like this where they have been asked to do the work and then the residents were not on • board with trying to protect their properties from erosion. Mr. Mose reminded that they are not 02/24/03 -7- DRAFT serving the residents directly they are serving the public entity of Brooklyn Center. • Councilmember Niesen questioned if relocating the sewer line is the expertise of the Army Corps of Engineers. Mr. Mose discussed that as part of the Section 14 Flood Control Project they could not get involved in a relocation effort. The Corps can do stream bank erosion protection, under Section 14. Councilmember Niesen questioned if the cost would be shared with the City paying 35 percent if the pipe were to be relocated. Mr. Brink said that the cost of relocating the sewer would be the City's entire responsibility. Mayor Kragness questioned if there were any residents who wished to address the Council. Bill Newman, 6712 West River Road, addressed the Council to express that he is strongly in favor of going through with this project as proposed. He did have some minor concerns about aesthetics; however, he believes the Acting City Engineer as well as the Army Corps of Engineers has worked to address some of the concerns. He informed that he is against moving the sewer to West River Road. - Robert Nystrom, 6700 West River Road, addressed the Council to discuss that his bank has eroded 48 feet and that he believes this project needs to be done. Pat Meuwissen, 6704 West River Road, addressed the Council to agree with Mr. Newman and Mr. Nystrom and to state that he is in favor of the project. Brendan McCarthy, 6654 West River Road, addressed the Council and said he has seen a lot of • erosion in the three years he has lived at this property. He believes that something needs to be done. Steven Cooper, 6632 West River Road, addressed the Council to discuss his concerns about the number of residents who have the mistaken impression that the options are either run the sewer out the front or change the plan in the back; the 50 -year solution; and the communications involved with this project. He informed the first contact he received was a letter saying they were going to ask for easements. Mr. Cooper believes protecting the sewer does not require a 50 -year solution. Mayor Kragness asked Mr. Cooper if he had an alternative solution. Mr. Cooper believes there are several alternatives and suggested to selectively rock the bank where it needs to be rocked or maybe use wing dams. Mr. Cooper asked the Council to allow more opportunity for input on how to solve this other than the option that is before them now. Janet Jordan, 6640 West River Road, addressed the Council to express her concern with the issue of losing river access and discuss that she believes this project would destroy the quality of life. She expressed her disappointment with the communication and informed that the first time she was contacted was May 2002. Ms. Jordan discussed her opinion regarding option three. Mr. McCauley explained if the sewer line and the properties were effectively protected by an ad hoc placement of rock as opposed to an integrated designed system, it would be protecting the northerly portion so that it can take the flow. If there was not an integrated system, he believes the question • 02/24/03 -8- DRAFT • would be can portions be done separately and be able to protect and stay ahead of erosion. Mr. Mose informed that if the project is not engineered, it could accelerate the erosion. Councilmember Lasman questioned if this study had been done and the Council opted not to go ahead with this project what would happen if there were a catastrophic event and a lift station failure caused basements to flood. Would the City not then be liable because the City would not have exhibited due diligence in prohibiting that from happening. City Attorney Charlie LeFevere discussed•that liability needs to be thought about in two parts. In terms of liability for the damages caused to basements and so forth, the City would not be liable. The Army Corps of Engineers would probably find the City immune because the City had made a legislative decision weighing various environmental factors. Councilmember Peppe discussed whether relocating the sewer addressed the problem. He does not understand why the sewer was designed the way it was and now wants the best option to be determined. Councilmember Niesen discussed that she hears the urgency and given the communication issues would like to question if project approval could be extended to come up with a neighborhood solution. She questioned who would be losing river access. Mr. Brink informed that the City would not know until they hear from the DNR regarding the permit that was sent in a few weeks back. He informed that the DNR would have the final say regarding the docks. • Mayor Kragness asked when this project would start. Mr. Brink informed there are easements that still have to be acquired. There are offer letters ready to send with compensation amounts for residents to consider. If a condemnation process were started, there would be another 90 days added on to the project. At this point, once the easements are acquired, the Army Corps of Engineers actually negotiates a contract with a contractor to do the work. Paul Oman, a resident in Brooklyn Center, addressed the Council to discuss a similar experience that Rochester recently went through on the Zumbro River. Councilmember Niesen questioned what the Council is looking at doing since there was a motion on February 10, 2003, to stop the project process. She would like to know if the other options are possible to explore and suggested spending another month or two to develop more numbers to come up with a more win, win situation. She believes more communication, planning, and development of the numbers is not unreasonable and questioned if the Council would be amenable. Councilmember Carmody discussed she would not be in favor of delaying this project anymore. The Council has heard from five of the residents that are in favor which is a majority. She believes the Council should use democracy and let the project go through. Councilmember Carmody made a motion that the Council forward this project based on the majority of residents being in favor of the project. • Councilmember Lasman questioned where the project was prior to February 10, 2003, when the 02/24/03 -9- DRAFT process was interrupted. Mr. McCauley discussed that the Council had approved moving forward • with the acquisition of the eminent domain and had previously approved an agreement with the Army Corps of Engineers. The project had been approved and the acquisition of property necessary to do the project had been approved. Based on the motion at the meeting on February 10, 2003, staff did not go forward with sending out offer letters. Councilmember Lasman questioned if the motion by Councilmember Carmody puts the proj ect back on track as to where it was before. Mr. McCauley informed that he believes Councilmember Carmody's motion would be to proceed with the project as reviousl authorized. p Y Councilmember Peppe informed that he agrees something has to be done; however, he wants unanswered questions answered. He questioned what could be done that is better suited to maintain property values and give everyone what they want to stop this erosion. He noted that the reason that he is backing down on this is that he believes there have been some interesting things brought up that have not come forward before. It is important to the residents who have purchased these properties as it relates to the marketability in our City. Councilmember Carmody disagrees that giving more time would help the situation. There is no control over the DNR and no need for the considerable amount of money and staff time to research this project further. Mr. Brink discussed the proposed design is a design that the Army Corps of Engineers is willing to stand by and delaying the project could compromise the funding, particularly if they cannot provide the 50 -year design. The other issue is the easements. In order to keep the process moving, the • easements are needed regardless of the design. Mr. Mose informed that the Army Corps of Engineers would not be pulling the funding for the project at this point. But a significant delay in the project could result in freeing up the funds for other similar projects. It is important to know that modifications to the plan or additional costs to the plan may end up being City costs. Councilmember Lasman seconded Councilmember Carmody's motion. Councilmember Peppe discussed before a vote is taken that for the record, he is for a project to stop the erosion; however, he is against the unanswered questions even for the people that want the proj ect. Councilmember Niesen asked for clarification on the motion made by Councilmember Carmody. Councilmember Carmody recapped her motion to move the project along with the easement talks moving forward and work with the Army Corps of Engineers. Councilmember Niesen questioned if she was suggesting that the Council vote on some kind of design. Mr. McCauley said that everything had been previously authorized and was put on hold at the February 10, 2003, City Council meeting. When the agreement with the Army Corps of Engineers was approved, it authorized the project. In December 2002, the City approved acquiring the interest in real property necessary to effectuate the agreement previously authorized with the Army Corps of Engineers. 02/24/03 -10- DRAFT • Councilmember Niesen questioned if she could offer a friendly amendment to the motion to proceed with the easement work and allow the Army Corps of Engineers to work with the residents to come up with modifications and to present the cost estimates to the Council since the Army Corps of Engineers has stated that they are willing to do so. Mr. McCauley asked if the intent of the motion was to authorize the Army Corps of Engineers and the Acting City Engineer to continue meeting with residents to discuss potential modifications. The basic design is subj ect to tweaking and working with options but it would basically be what has been presented. The Army Corps of Engineers would not be going into design options other than the 50- year design. Ms. Jordan addressed the Council and discussed that she is not sure at this point if her dock is going to stay or go and whether or not she will have river access. She believes that the City already has an easement for the sewer system, ten feet on either side and now the City wants to take a 99 -year easement that goes from the ten feet of sewer down her riverbank. Mr. LeFevere clarified that the easement would be a perpetual easement. Ms. Jordan questioned why they need more of her property. Mr. Brink discussed the purpose of the permanent easement between the sewer easement and the river is for the placement of the rock. It is for the protection of the riverbank. The City will not own the property. Mr. Mose informed that the easement is called a Channel Improvement Easement, and it is a perpetual easement to construct, operate, and maintain the channel improvement works on, over, and across the land described in the schedule. • Mr. McCauley iscussed the unknowns are in terms o th Y f e DNR. If the DNR does not grandfather in the structures then the structures are lost. That would be an impact on the residents that are living along the river. If the answers from the DNR are unfavorable to the homeowners which would impact their ability to use the river, is the City going to protect the sewer line in the fashion described? Mayor Kragness called for a vote on the motion. Councilmember Carmody, Lasman, and Mayor Kragness voted in favor. Councilmember Niesen and Peppe voted against the motion. Motion passed. Following discussion, Councilmember Niesen made a motion to have the final design come back to the Council. Councilmember Peppe seconded the motion. Councilmember Niesen questioned if that would mean periodically updates would be provided to the Council. Mr. McCauley informed that the Council would receive updates. Mr. McCauley discussed as it currently stands nothing would be coming back before the Council for authorization. Councilmember Niesen discussed that she would prefer that the Council have the final design come back before the Council so that they are aware exactly what is going on. Councilmember Niesen asked the Council for consideration of at least that much, which she does not • believe, is asking a great deal. Mayor Kragness discussed the Council had already approved the 02/24/03 -11- DRAFT project and there would not be an option for approving the project again. • Mr. Lefevere discussed his concern is if the design has some uncertainty and if that uncertainty has any consequences in terms of the easement that is needed, that could frustrate the condemnation actions. He is not sure how that works for the timing but if the sense of the motion is that this project is still up in the air, and still has not been approved by the Council, that could have an effect on the ability to proceed with condemnation. Councilmember Niesen questioned the time frame. Mr. LeFevere discussed that they will not start the condemnation until some effort has been made to acquire the easements by negotiations. At the end of March they may have an idea which properties are left so that condemnation can be started. Condemnation takes 90 days from the commencement of action to complete. If during the next month decisions were made about designs then there would not be a problem. He wanted to alert the Council that he would not want to start the process on condemnation and have a challenge be successful because the Council had left the design up in the air and therefore it was not clear whether the easements were actually needed for the design that was going to get built. Councilmember Niesen questioned if what she is hearing is that there would be a 30 -day window. She requested that time be taken to have the Army Corps of Engineers work with the residents to see what they come up with and believes that would be a win, win situation and would not put the City at risk. Mayor Kragness noted that there was already a motion passed to move the project forward and she • does not believe another motion is necessary. Mr. McCauley discussed that he believes Councilmember Niesen's motion would be different. If he understands the motion it would not authorize the City to go forward with the final design without further action of the City Council. Mayor Kragness reminded that would create a problem and requested that Councilmember Niesen rescind that motion. Councilmember Niesen asked for clarification from Mr. LeFevere if there was a 30 -day window of time to finalize the design. Mr. LeFevere advised that if the Council decides the question in the next 30 days, it would not cause a problem with condemnation. Lisa McNaughton, 6632 West River Road, addressed the Council saying that she believes this issue has been divisive and that the communications have been misleading. She asked that the Council help them get their questions answered and take this issue seriously. Ms. McNaughton informed that she would support Councilmember Niesen's motion. Councilmember Peppe asked if the Council would have to vote on eminent domain. Mr. McCauley informed that the Council has already authorized the eminent domain. Councilmember Carmody noted that she does not intend to vote in favor of this motion. She believes that this would delay and add costs to the project. 02/24/03 -12- DRAFT �I • Councilmember Niesen recapped her motion calling for a 30 -day window of time during which communications between the Army Corps of Engineers and the residents would occur to see if the design could be tweaked; and to have this come back to the Council to consider what the costs might be. I Mr. McCauley said that the motion would be to have final approval of the design brought back to the Council within the next 30 days and not to proceed with a final design until further approval of the Council. Councilmember Niesen said that would acceptable. Councilmember Carmody asked if this is being done within the parameters of what Mr. Mose discussed. Councilmember Niesen informed that it should be done within the parameters. Councilmember Carmody stated that is fine. Motion passed unanimously. The Council took a recess at 9:22 p.m. and reconvened at 9:30 p.m. 9d. AN ORDINANCE REPEALING CHAPTER 2 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER AND ADOPTING A NEW ORDINANCE REGARDING THE DISPOSITION OF ABANDONED AND UNCLAIMED PROPERTY Mr. McCauley discussed that this ordinance amendment had been prepared by staff and the City's . Attorney to repeal Chapter 2 of the City Ordinances and adopting a new ordinance regarding the • disposition of abandoned and unclaimed property. The current ordinance limits actions by the City to dispose of abandoned or forfeited property in an efficient manner. The new ordinance streamlines the process. It was the consensus of the Council to have this item placed on the March 10, 2003, agenda for introduction and to set second reading and public hearing. 9e. RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ENTER INTO AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION, AGREEMENT NO. 83632-R, TRUNK HIGHWAY NO. 100 IMPROVEMENTS, STATE PROJECT NO. 2755-75 Councilmember Niesen had requested that this item be removed from the consent agenda for discussion. She inquired how much the Minnesota Department of Transportation (Mn/DOT) would be paying and if this was part of the original agreement. Mr. McCauley discussed that if the utilities were to proceed under Trunk Highway 100, under State Law, the City is responsible for those costs. The City has carried monies in the utility portion of the Capital Improvement Fund to pay for utility work that would happen under Trunk Highway 100 itself. This agreement would be for a lump sum estimated cost of reconstructing the utilities under Trunk Highway 100. Councilmember Niesen questioned if staff is satisfied with this agreement since all the media about the incorrect bidding of Mn/DOT and asked Mr. McCauley if he had worked on this and what the • issue was when this item was pulled from the January 27, 2003, agenda. Interim Assistant City 02/24/03 -13- DRAFT I Manager /Director of Public Works Sharon Klumpp discussed that when the item was pulled there • was some question whether the cost was a good estimate. She noted that the estimate has been reviewed and did not change much. The contract was reviewed by the City Attorney and based on some of his comments as well as concerns that staff had, there were requested language changes recommended to Mn/DOT and those requests had been added. RESOLUTION NO. 2003-36, Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ENTER INTO AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION, AGREEMENT NO. 83632 -R, TRUNK HIGHWAY NO. 100 IMPROVEMENTS, STATE PROJECT NO. 2755 -75 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9f. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WENCK ASSOCIATES TO COMPLETE A DIAGNOSTIC STUDY AND MANAGEMENT PLAN FOR TWIN LAKES Councilmember Niesen had requested that this item be removed from the consent agenda for • discussion. She believes this item deserves attention in the community and wished to express thanks to staff for working on Twin Lakes and the water quality. She was not aware that there were costs to the City without having the Shingle Creek Watershed Management Commission participate. She questioned if the costs would be shared between the City of Brooklyn Center and the Shingle Creek Watershed Commission. Mr. McCauley discussed that a new consulting firm is taking over for the consulting firm with whom the City entered into the contractor. The City was unable to get funding from Crystal and Robbinsdale and went forward with the Council's concerns about doing something rather than doing nothing. The Shingle Creek Watershed Commission is not participating in funding. He believes they were involved in trying to get grant funding, which the City was unable to get. This is a City expense through the storm water utility. RESOLUTION NO. 2003-37 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WENCK ASSOCIATES TO COMPLETE A DIAGNOSTIC STUDY AND MANAGEMENT PLAN FOR TWIN LAKES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. • 02/24/03 -14- DRAFT • 10. ADJOURNMENT There was a motion by Councilmember Peppe, seconded by Councilmember Lasman to adj ourn the City Council meeting at 9:35 p.m. Motion passed unanimously. City Clerk Mayor • 02/24/03 -15- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA CITY COUNCIL WORK SESSION FEBRUARY 24, 2003 COUNCIL /COMMISSION CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council met in a work session and was called to order by Mayor Myrna Kragness at 9:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present: City Manager Michael McCauley, Interim Assistant City Manager/Director of Public Works Sharon Klumpp, Police Chief Scott Bechthold, and Deputy City Clerk Maria Rosenbaum. Councilmember Carmody had requested that the City Council Minutes from February 10, 2003, be placed on this agenda for discussion. She questioned how much the minutes should be changed and • expressed that a few sentences is acceptable to her; however, extensive changes should be considered for discussion if it continues. City Manager Michael McCauley discussed the process used in the past. Councilmember Niesen informed that this issue is one that she would like to discuss further. It was the consensus of the Council to put the February 10, 2003, study and regular session minutes on the March 10, 2003, consent agenda for approval. CODE ENFORCEMENT Police Chief Scott Bechthold discussed the code enforcement process and provided a PowerPoint presentation. Councilmember Carmody questioned what the plan is with the problem properties. Mr. Bechthold informed that staff is working with the City Attorney to increase the penalties and looking into the possibility of going directly to prosecution. Mr. Bechthold informed that there will be more one on one contacts with residents and that they are hoping to work more with residents. Councilmember Niesen discussed an incident she experienced five years ago and an issue regarding the parking of a vehicle on her property. • 02/24/03 -1- DRAFT POLICE DEPARTMENT REORGANIZATION PLAN • Mr. Bechthold presented a PowerPoint presentation on a proposed reorganization plan within the Police Department and discussed that this plan is directed toward improving operations responsiveness. The plan provides the essential structure for the new Crime Reduction Strategy that moves the department from the traditional reactive organization to a proactive organization. Mr. Bechthold discussed the current and the proposed organizational charts. Mr. McCauley discussed that the same coverage will continue, 12 hour shifts, for officers and that the concern with the east and west sides will be an issue to focus on proactively for the entire City. Mr. Bechthold informed that the staff had been presented this plan and there was no opposition to the plan. Councilmember Niesen informed that she is all for proactive goals and that an issue she would like to discuss in the future will be traffic. POLICY ON LIOUOR IN CONSTITUTION HALL Councilmember Lasman inquired if the Council would be interested in exploring the current policy that prohibits alcoholic beverages in City Hall and Constitution Hall. She was approached by the Lions regarding this policy as it would impact a use they might consider for an event in Constitution Hall. • It was the consensus of the Council to leave the policy as it is written. TAXICAB LICENSING REGULATIONS Council discussed the current taxicab licensing procedure. Mayor Kragness questioned why the City of Brooklyn Center's insurance limitations are higher than other cities. Councilmember Niesen questioned who made the decision. Mr. McCauley informed that the Council had previously adopted the ordinance and that the limits were suggested from the American Risk Services, Inc. Mr. McCauley inquired if the Council would like staff to explore the option of having the City taken out of the taxicab licensing business. It was the consensus of the Council to explore the issue of removing the taxicab licensing business from the City' Ordinances. A motion by Councilmember- Carmody, seconded by Councilmember Lasman to extend the meeting to 11:30 p.m. Motion passed unanimously. I 02/24/03 -2- DRAFT • EARLE BROWN DAYS OVERTIME AND FIREWORKS • Councilmember Carmody discussed the Earle Brown Days Committee discussed at their recent meeting the expenses for Earle Brown Days and questions were raised as to what amount of funding for the parade and fireworks would be provided in light of the budget discussions. Council discussed and it was noted that the parade would go on as planned this year and that it should be noted that staff might need to consider not having funding for next years Earle Brown Days events. PROPOSAL FROM DEVELOPER FOR LIQUOR STORE AT 69 AND BROOKLYN BOULEVARD Council discussed a proposal received from the developer of the 69 Avenue and Brooklyn Boulevard project. Mayor Kragness informed that she believes the Brooklyn Park Liquor Store on Brooklyn Boulevard will be closing and that having a liquor store at the corner of 69 Avenue and Brooklyn Boulevard might be an ideal spot. Councilmember Lasman discussed that if the City were going to have a second liquor store that this location would be a good location. Councilmember Niesen inquired about the profits made from the current Brooklyn Center liquor store. Mr. McCauley discussed that the current liquor store profits approximately $150,000. • Mayor Kragness suggested that staff research this proposal and that she believes the revenues would be helpful. Councilmember Carmody questioned what the City's costs would include. Mr. McCauley discussed that there would be some capital costs and that the funding would be taken from the Liquor Fund. Councilmember Niesen informed that she wishes the City were not in the liquor business. Councilmember Peppe questioned how much the lease would cost. Mr. McCauley informed that a pro forma would be done on the proposal. CIVIL LEGAL FEE INCREASE AND SCHEDULE FOR REOUESTS FOR PROPOSALS Mr. McCauley informed under City Policy, the City would solicit proposals for civil legal services in 2003 and questioned if the Council would like to continue with the previous format used for Requests for Proposals (RFP). It was the consensus of the Council to use the same format and seek RFPs for civil legal services. • 02/24/03 -3- DRAFT MEETING WITH COMMISSION CHAIRS AND COMMISSION RECOGNITION • Mr. McCauley questioned if the Council would like to continue with the format used in previous years for the meeting with the Commission Chairs and the Commission Recognition event. He noted that the meeting with the Commission Chairs would an informal meeting and the Commission Recognition event will be formatted as in previous years with less money spent on food and beverages. Councilmember Lasman suggested that the budget constraints as it applies to each Commission be considered for discussion at the meeting with the Commission Chairs. Councilmember Carmody suggested discussion of limiting the number of meetings per year be considered as a topic for discussion. NEXT WORK SESSION DATE Council discussed potential dates for scheduling a work session. It was the consensus of the Council to schedule a work session on April 7, 2003, 6:00 p.m. It will be determined later if this meeting will be a joint meeting with the Financial Commission. MISCELLANEOUS Councilmember Carmody suggested that a break be provided at Regular City Council meetings if the • meetings are going to proceed after 9:00 p.m. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the work session at 11:20 p.m. City Clerk Mayor 02/24/03 -4- DRAFT • City Council Agenda Item No. 7b 1 City of Brooklyn Center . A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: March 5, 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 March 10, 2003. MECHANICAL Air Quality Services, Inc. 3910 Leslee Curve, Excelsior Team Mechanical, Inc. 3560 Snelling Ave, Minneapolis RENTAL Initial: • 4216 Lakebreeze Ave N Mark Lee [1/17/03 - dog at large complaint owner; 1/1/03 — nuisance call (loud stereo); 9/20/02 and 9/16/02 — domestic assault/disturbance; 9/6/02 - — warrant arrest pickup] SIGNHANGER Attracta Sign 7240 West Lake Street, Minneapolis TOBACCO RELATED PRODUCT Tony's Store 6120 Earle Brown Drive, Suite 103 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. cityo fbrooklyncenter.org City Council Agenda Item No. 7c E � CEkl BROOKLYN CENT R POLICE DEPARTMENT POLICE MEMORANDUM TO: City Clerk Sharon Knutson FROM: Scott Bechthold, Chief of Police DATE: March 3, 2003 SUBJECT: Application for Exemption from Lawful Gambling License (Raffle Application) - North Hennepin Community College Foundation On March 3, 2003, the Brooklyn Center Police Department received an Application for Exemption from Lawful Gambling License from the North Hennepin Community College Foundation. This application is for an event to be held at the Earle Brown Heritage Center on April 25, 2003. This application has been approved and will be returned to the North Hennepin Community College Foundation representative after City Council review. The representative will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. JD:kh • City y f B rooklyn Center A Millennium Communit March 11, 2003 Department of Gaming Gambling Control Division Rosewood Plaza South, 3rd Floor 1711 West County Road B Roseville, MN 55113 To Whom It May Concern: • The City of Brooklyn Center has received and reviewed the Application for Authorization for an Exemption from Lawful Gambling License from the North Hennepin Community College Foundation for an event (raffle) to be held on April 25, 2003, at the Earle Brown Heritage Center located at 6155 Earle Brown Drive within the city of Brooklyn Center, Minnesota. The City of Brooklyn Center has waived the 30 day period to withdraw our approval. Should you have any questions regarding the waiver, please feel free to contact me at 763 -569- 3306. Sincerely, 4 bw--Vt �� - Sharon Knutson City Clerk SK:kh 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 rtts ees - GbF� 5 1b: �ti UHMBL I NG CONTROL BOARD 6516394073 P.02/03 ` Minnesota Lawful Gambling Page 1 of 2 3101 For Board Use Only LG220 Application for Exempt Permit Fee - $25 Fee Paid rv,;-Co • Organization Information Check No vso_ Organization name Previous lawful gambling exemption number North Hennepin Ummunity College X- 27108 -02 -001 Street City State/ Zip Code County MN 55445 7411 85th Ave. North Brooklyn Park I Hennepin _ 1 Name of chief executive officer (CEO) First name Last name Daytime phone number of CEO Don Davis _ 763 -561 -2717 Name of treasurer Daytime phone number of First name Last name treasurer. Missy Iten 952- 475 -0543 Type of Nonprofit Organization Check the box that best describes your organization: _ 1, ED Fraternal F Religious v El Veteran ED Other nonprofit organization ti .. Check the box that indicates the type of proof your organization attached to this a catiECENEp J , ti'� ❑X IRS letter indicating income tax exempt status JAN 2003 ❑ Certificate of Good Standing from the Minnesota Secretary of States O l ❑ A charter showing you are an affiliate of a parent nonprofit organization `� Gambling Control ❑ Proof previously submitted and on file with the Gambling Control Board ; C , Board ti Gambling, Premises information �Z Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Earle Brown Heritage Center Address (do not use PO box) City State /Zip Code County 6155 Earle Brown Drive Brooklyn Center MN 55430 Hennepin Date(s) of activity (for raffles, Indicate the date of the drawing) April 25. 2003 Check the box or boxes that Indicate the type of gambling activity your organization will be conducting: ❑ `Bingo ® Raffles (cash prizes may not exceed $12.000) ❑ 'Paddlewheels ❑ •Pull -Tabs ❑'Tipboards - 'Equipment for these activities must be obtained from a licensed distributor. This form will be made available in Your name and and your organization's the following: Board members, staff of the alternative format (i.e. large print, Braille) name and address will be public information Board whose work assignment requires upon request. The information requested when received by the Board. All the other that they have access to the information; on this form (and any attachments) will be information that you provide will be private the Minnesota Departmentof Public Safety, used by the Gambling Control Board data about you until the Board issues your the Minnesota Attorney General: the ( Board) to determine your qualifications to permit. When the Board issues your Minnesota Commissioners of be involved in lawful gambling activities in permit, all of the information that you have Administration, Finance, and Revenue; the Minnesota. You have the right to refuse to provided to the Board in the process of Minnesota Legislative Auditor, national and supplythe information requested: however, applying for your permit will become public. international gambling regulatory agencies'. if you refuse to supply this information, the If the Board does not issue you a permit, anyone pursuant to court order; other Board may not be able to determine your all the information you have provided in the individuals and agencies that are qualifications and, as a consequence, may process of applying for a permit remains specifically authorized by, state or federal refuse to issue you a permit. if you supply private, with the exception of your name law to have access to the'infonnation; • the information requested, the Board will and your organization's name and address individuals and agencies for which law "r be able to process your application. which will remain public. legal order authorizes a new use orshat�9 Private data aboutyou are avaj)ab)e on) of inf ormd'o p Aef INS 1�1)f l�4 ana anyone with your consent. ��' FEB -28 -2003 10:58 GAMBLING CONTROL BOARD 6516394073 P.03/03 Page 2 of 2 LG220 Application for Exempt Permit 3/01 Organization Name_ North Hennepin Community • Local Unit of Government Acknowledgment If the gambling premises Is within city limits, the If the gambling premises is located in a township, both city must sign this application, the county and township must sign this application. On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application. Check the action that Check the action that the city is taking on this application. the county is taking on this application. The city approves the application with no ❑ The county approves the application with no waiting period. waiting period. The city approves the application with a 30 day ❑ The county approves the application with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class permit after 30 days. city). The city denies the application. The county denies the application. Prin ame of city B('DO l un_ &x4pr Print name of county (Signature of city personnel receiving application) (Signature of county personnel receiving application) Cle Title Title_�� m 3 Date__ I Date__ N_ i 03 t - 03 TOWNSHIP: On behalf of the township, I acknowledge that • the organization Is applying for exempted gambling activity within the township limits. [A township has no statutory �t authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] t rf Print name of township ` RECEIVED 's JAN ZUQ$ (Signature of township official acknowledging application) Title ? Gambling Corrni - a Board Date__ / Chief Executive Officer's'Sigtrattlire The information provided In this applicaffionis complete and accurate to the best of my knowledge. Chief executive officer's signature _ 41 r/ Name (please print) Z!�/!/,44b Z5 W/S Date A / -- / 03 Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, If your application has not • a copy of your proof of nonprofit status, and been acknowledged by the • a $25 application fee (make check payable to "State of Minnesota "). local unit of government or Application fees are not prorated, refundable, or transferable. has been denied, do not Send to: Gambling Control Board send the application to the 1711 West County Road B, Suite 300 South Gambling Control Board. Roseville, MN 55113 I TOTAL P.03 • City Council Agenda Item No. Sa Office of the City Clerk City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Michael I McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: March 5, 2003 SUBJECT: An Ordinance Amending Chapter 4, Section 4.05, of the Brooklyn Center City Charter At its February 10, 2003, meeting, the City Council approved first reading of An Ordinance Amending Chapter 4, Section 4.05, of the Brooklyn Center City Charter, and set second reading and public hearing for March 10, 2003. Notice of public hearing was published in the February 19, 2003, Brooklyn Center • Sun -Post newspaper. 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 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: February 5, 2003 SUBJECT: An Ordinance Amending Chapter 4, Section 4.05, of the Brooklyn Center City Charter On January 22, 2003, the City Council met in joint session with the Charter Commission. One of the issues raised was the amendment to the City Charter in Chapter 4, Section 4.05, regarding withdrawal of candidates. Attached is a memorandum from Charter Commission Chair Robert Cambanes recommending the City Council adopt an ordinance to effect the change to Section 4.05 of the City Charter. History In July 2002 the City Council had considered an ordinance amendment affecting Chapter 4, Section 4.05, and Chapter 3, Section 3.01. The ordinance amendment was referred back to the Charter Commission for further clarification regarding Section 3.01. The Charter Commission Chair surveyed the Charter Commission members regarding the proposed amended language and responded back to the City Manager that the Charter Commission members responded in the affirmative to the amended language. The ordinance amendment was brought before the City Council in September 2002 and was again referred back to the Charter Commission for further clarification for the reasoning for the language change in Section 3.01. There was no quorum of the Charter Commission at its October 2002 meeting, so discussion was brought forth at the January 22, 2003, joint meeting with the City Council. The Charter Commission will continue to review the language in Section 3.01, but unanimously agreed to recommend that the City Council adopt the amended language to Section 4.05. 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 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of March, 2003 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall Council Chambers, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 4, Section 4.05, of the Brooklyn Center City Charter. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4, SECTION 4.05, OF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 4.05 of the Brooklyn Center City Charter is hereby amended as follows: Section 4.05. WITHDRAWAL OF CANDIDATE. Any person whose name has been presented in the manner provided for in the foregoing section as a candidate may, no later than 5:00 p.m. two days not later- c'c.osk ne after the last day for filin • o ,, ; "�r �� �� Y g, cause such name to be withdrawn from nomination by filing with the City Clerk a request to do so in writing, and no name so withdrawn shall be printed upon the ballot. Section 2. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. Adopted this day of 2003. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, underline indicates new matter. • • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Robert Cambanes, Charter Commission Chair DATE: January 23, 2003 SUBJECT: Charter Recommendation Regarding Section 4.05 of the City Charter The Brooklyn Center Charter Commission unanimously recommends the City Council adopt an ordinance to effect the change to Section 4.05 of the City Charter as previously proposed to conform with State Statutes. The Charter Commission will continue to review Section 3.01 regarding terms of officers. k City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Mayor Kragness, Councilmembers Lasman, Nelson, Peppe, and Ricker FROM: Michael J. McCauley, City Manager DATE: September 4, 2002 SUBJECT: Charter Changes The City Council previously tabled introduction of an ordinance proposed by the Charter Commission seeking clarification on the Charter Commission's understanding on their recommendations. State Law requires one of the recommendations; the other recommendation on when the term of a Council Member would start, is not required by State Law. The Charter Commission recommended a change in the Charter Section 3.01 to be the same language as applicable to statutory cities. We have now received correspondence from the Charter Commission indicating that they do support changing Section 3.01. The matter is now back before the City Council to act upon the recommendation of the Charter Commission. 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 • Brooklyn Center Charter Commission August 22, 2002 RECEIVED Mr. Michael J. McCauley, City Manager AUG 16 2002 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 Re: Recommended Changes to the Brooklyn Center City Charter Dear Mr. McCauley In response to your July 26, 2002 letter to me, please be advised that I have conducted a survey of the Charter Commission members, in the form of a mailed questionnaire accompanied by a copy of your letter, and my cover letter, asking whether they continue to support the proposed change to Section 3.01 of the Charter, in accordance with the Commission's action at the June 26, 2002 meeting. All members have replied in the affirmative. Accordingly, I recommend that the City Council proceed with the consideration of an ordinance to effect this change in the Charter. Thank you for calling this matter to our attention. Should you have any further questions or comments, please contact me at 763 -560 -0108. Sincerely, Sy app, Chair, 2002 -03 Brooklyn Center Charter Commission 7221 Riverdale Rd. Brooklyn Center MN 55430 -1319 cc: all members of the Charter Commission • - v • To: Brooklyn Center Charter Commission Members From: Sy Knapp, Chair 2002 -03 Date: July 30, 2002 Re: Enclosed letter from City Manager Relating to Changes to the Charter As Recommended by our Commission on June 26, 2002 In the enclosed letter City Manager McCauley advises that one of the two charter changes which we recommended at our June 26 meeting is not mandated by State law. Specifically the change in question is this: • under our current charter, "newly- elected officers shall be sworn in and assume the duties of the office to which they were elected on or after the first business day of January, or at the first City Council meeting in January, or as soon thereafter as practical' • if the change is made to coincide with the (non- mandated) provision of the state law, the charter would then be amended to read that "Terms of elective officers shall commence on the first Monday in January following the election at which the officer is chosen. All officers chosen and qualified as such shall hold office until their successors qualify': While I was under the impression that this change was mandated by the law, as probably you were too, I see no benefit in retaining the existing provision, and note the following (possible) benefits to making the change: 1. I believe that, in making this change, Brooklyn Center's process and timetable would more closely resemble that of most other cities; and 2. The new provision would specify that, in the event there is a reason (I don't know what it would be, but I suppose it could happen) that a newly - elected officer would not "qualify" to hold office on the normal date, that person's predecessor would continue to hold office until the newly- elected one qualifies. While I see no reason to call a special meeting to deal with this issue, it would seem to snake sense to have the Council deal with both issues at the same time. Accordingly, I ask that you review the matter and advise me by return mail (see question on enclosed sheet) whether you continue to support the change, or if you believe it should be reviewed by the Commission again. If all of you agree to support the proposed change without further discussion, I will so advise the City Manager. If there is not unanimous agreement, I will place this matter on the agenda for our October 23, 2002 meeting. Thank you for your attention to this matter and your response to the question. If possible, please return your response to me in the enclosed, self - addressed and stamped envelope no later than August 15, 2002. Sy PP cc: Michael J. McCauley, City Manager • City of the City Manager � o Brookly Center y f y A Millennium Community • Michael J. McCauley City Manager July 26, 2002 Mr. Sy Knapp, Chair Brooklyn Center Charter Commission 7221 Riverdale Road Brooklyn Center, MN 55430 RE: RECOMMENDED CHANGES TO THE BROOKLYN CENTER CITY CHARTER Dear Mr. Knapp: The City Council reviewed the recommended changes to Section 4.05 and Section 3.01 of the City Charter. The City Council requested clarification whether the Charter Commission was recommending the change to Section 3.01 because the Charter Commission felt that this language was better than the current language in Section 3.01 regarding when Officers take office. In reviewing the materials that were received from the Charter Commission, it appears that the proposed language submitted by the Charter Commission was taken from Minnesota Statute Section 412.02, Subdivision 2. This section of Minnesota Law is superceded by the City's Charter. While the City could certainly adopt provisions in its Charter identical to those contained in • Minnesota Statute 412.02, Subdivision 2, it is not required to do so. Hence the request for clarification from the City Council was whether the Charter Commission feels that the proposed change in Section 3.01 is warranted because the language in the Statute is felt to be better than the current Charter language or if perhaps the Charter Commission was under the impression that the City Charter needed to conform to the language in Section 412. Section 4.05 of the City Charter as proposed to be amended by the City Council is, as opposed to the proposed modification to Section 3.01 of the City Charter mandated by State Law in Minnesota Statute Section 205.13, Subdivision 6, as indicated in Ms. Knutson's July 31, 2000 memorandum. The Council is prepared to introduce an ordinance change to effect that recommendation after receiving clarification from the Charter Commission on the proposed change to Section 3.01 of the Charter. The City Council would appreciate clarification on this issue from the Charter Commission at their convenience. Since MichZanag J. Mc u y City r MJM:mr • c: Mayor and Council Members .. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, y e , MN 55430 -2193 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 • I To: Sy Knapp, Brooklyn Center Charter Commission Chair 2002 -03 Re: Response to your letter dated July 30, 2002 Please be advised that: Yes, I continue to support the proposed change to Section 3.01 of the Charter, in accordance with the Commission's action at the June 26, 2002 meeting. No, I prefer to have this matter reconsidered at our next meeting. by: Charter Commission member date: (return to Sy Knapp in the enclosed self - addressed and stamped envelope). • • 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 JULY 22, 2002 CITY HALL - CONFERENCE ROOM A 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, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed City Council Agenda items 7d, Resolution Authorizing the City Manager to Enter • Into an Easement Agreement with the Property Owner at 5700 Camden Avenue, 8a, An Ordinance Vacating Certain Storm Sewer Easement Within Lot 7, Block 1, BOBENDRIER' S 4' ADDITION, 8b, An Ordinance Amending Section 19 -403 of the City Ordinances of the City of Brooklyn Center Regarding the Sale and Use of Fireworks, and 9d, An Ordinance Amending Chapter 3, Section 3.0 1, and Chapter 4, Section 4.05, of the Brooklyn Center City Charter. It was the consensus of the Council to have agenda item 7d, Resolution Authorizing the City Manager to Enter Into An Easement Agreement with the Property Owner at 5700 Camden Avenue, deleted from the agenda for more research to be done on the property; and to have agenda item 9d, j An Ordinance Amending Chapter 3, Section 3.01, and Chapter 4, Section 4.05, of the Brooklyn Center City Charter, referred back to the Charter Commission for clarification. DISTRICT 286 GRANDVIEW PARK LAND EXCHANGE UPDATE City Manager Michael McCauley provided an update on the District 286 Grandview Park land exchange. SMART GROWTH MEETING ON AUGUST 8 TH Mr. McCauley discussed that he had received information from Tim Rood of Calthorpe and that they are working on the planning concepts for the area east of Shingle Creek Parkway. • MISCELLANEOUS There were no miscellaneous items discussed. 07/22/02 -1- If the grant is awarded, the grant period runs from October 1, 2002, through September 30 , 2002 and g the monies would be dedicated to pay officers overtime for traffic safety initi atives. RESOLUTION NO. 2002-99 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND THE BROOKLYN CENTER POLICE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. 9d. AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.01, AND CHAPTER 4, SECTION 4.05, OF THE BROOKLYN CENTER CITY CHARTER Mr. McCauley discussed that the Council had discussed this issue at its Study Session and it was suggested that the item be referred back to the Charter Commission for clarification on the content of Chapter 3, Section 3.01. There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to refer this item back to the Charter Commission for clarification on the content in Chapter 3, Section 3.01. Motion passed unanimously. 9e. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING ENCROACHMENTS ON YARD SETBACK REQUIREMENTS Mr. McCauley discussed that this ordinance amending Chapter 35 would eliminate seasonal swimming pools from the setback and encroachment requirements. Currently residents with above ground pools put up in the spring and taken down in the fall are required to make an annual application to the City for a permit to erect the same. This amendment would get the City out of the business of regulating the location of temporary, above ground pools. Mayor Kragness questioned if this would eliminate the need for fencing. Mr. McCauley informed the Council that this amendment does not eliminate the need for fencing where fencing would be required now. A motion by Councilmember Lasman, seconded by Councilmember Ricker to approve first reading and set second reading and public hearing for August 26, 2002. Motion passed unanimously. • 07/22/02 _6_ 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 SEPTEMBER 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, Tim Ricker, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, Consulting Engineer Scott Brink, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • rand ncil discussed City Council agenda item l Od, An Ordinance Amending Chapter 3, T Section 3.0 1, Chapter 4, Section 4.05, of the Brooklyn Center City Charter. It was the consensus of the ncil to have this item removed from the agenda and sent back to the Charter Commission for her clarification regarding the reasoning for the language change in the City's Charter. Council further discussed agenda items, 7d, Resolution Authorizing the City of Brooklyn Center to Act as Fiscal Agent for the 2003 -2005 Minnesota Department of Children, Families, and Learning, After School Enrichment Grant; f0c, Minnesota Transportation Alliance; and 10f, Resolution Calling for a Public Hearing on An Amendment of the Tax Increment Financing Plan for Tax Increment District Number Four (TIF 4). AUGUST CITY COUNCIL RETREAT DRAFT REPORT /GOALS FOR 2003 City Manager Michael McCauley discussed the proposed changes that he would like to see and questioned the Council if they had any changes to the draft report and goals for 2003 before putting this item on the City Council Agenda for approval. It was the consensus of the Council to have the suggested changes directed to Carl Neu and to have this item put on a City Council Agenda for approval. 09/09/02 _1 _ 10d. AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.01, AND CHAPTER 4, SECTION 4.05, OF THE BROOKLYN CENTER CITY CHARTER The City Council removed this item from the agenda and will refer the issue back to the Charter Commission for further clarification. IOe. MINNESOTA TRANSPORTATION ALLIANCE Mr. McCauley discussed that he believes it would be appropriate for the City to discontinue its membership with the Minnesota Transportation Alliance since the Association of Metropolitan Municipalities had discontinued its membership and the League of Minnesota Cities has suspended its membership. A motion by Councilmember Lasman, seconded by Councilmember Peppe to direct City Manager to withdraw membership from the Minnesota Transportation Alliance. Motion passed unanimously. lot RESOLUTION CALLING FOR A PUBLIC HEARING ON AN AMENDMENT OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT NUMBER FOUR (TIF 4) Mr. McCauley discussed that this resolution calls for a public hearing on an amendment of the tax increment financing plan for increment district number four (TIF 4) to provide that the original local tax rate no longer applies. The City could then increase the original tax rate to the level of the current tax rate. RESOLUTION NO. 2002 -122 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON AN AMENDMENT OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT NUMBER FOUR (TIF 4) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. log. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING DEVELOPMENT COMPLEX SIGNS Mr. McCauley discussed this ordinance amendment would amend the City's Sign Ordinance, Chapter 34, regarding development complex signs. A new category would be added called "Development Complex Signs" that would be allowed under certain circumstances in the Commercial (C -I and C -2) and industrial (I -1 and I -2) zoning districts. • -99/09/02. -11- Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Mana er FROM: Sharon Knutson, City Clerk DATE: July 17, 2002 SUBJECT: An Ordinance Amending Chapter 3, Section 3.01, and Chapter 4, Section 4.05, of the Brooklyn Center City Charter In June I forwarded information to the Charter Commission Chair regarding City Charter language that was not compliant with State Statute language. I've attached the information that was forwarded to and reviewed by the Charter Commission. The Charter Commission met and reviewed the information on June 26, 2002. Charter Commission Chair Sy Knapp e- mailed me that the Charter Commission unanimously voted to recommend adoption • of the two charter changes to comply with current state laws. Attached is an ordinance amending Chapters 3 and 4 of the City Charter to change the language to comply with statutory language. 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 I • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 26th day of August, 2002, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall Council Chambers, 6301 Shingle Creek Parkway, to consider amendments to Chapters 3 and 4 of the Brooklyn Center City Charter. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.01, AND CHAPTER 4, SECTION 4.05, OF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 3.01 of the Brooklyn Center City Charter is hereby amended as follows: Section 3.01. COUNCIL MEETINGS. The City Council shall hold regular meetings at such • time and place as it by motion shall determine. Terms of officers elected at the time of a regular municipal election provided for by this charter shall commence on the first Monday in January following the election at which the officer is chosen. All officers chosen and aualified as such shall hold office until their successors qualify. nffteer-s elected . t t h e t o f u'lar uni u u4, Glly ca1Zn pZ"CG��� e Yr e ,; d f er- i +h t_ r -shall d s me the dtAie. o f f + �32 -S�OFn 111 �1 .�i t whieh they were eleeted en or- after the first business day of jai+uar-y, or- at the first City Gouneil meetin in January, ^r as t ci as prastiea4. Officers elected at a special election shall be sworn in and assume the duties of office to which they were elected on any business day or at any City Council meeting after the issuance by the City Clerk of the Clerk's certificate of election. Newly appointed Council members shall take the oath of office and assume the duties of office upon appointment, or on any business day, or at any Council meeting after being appointed. The Mayor or any two members of the Council may call special meetings of the Council upon at least twenty -four (24) hours' written notice to each member of the Council. Such notice shall be delivered personally to each member or shall be left at the member's usual place of residence with some responsible person. All meetings of the Council shall be in compliance with the Minnesota Open Meeting Law, and any records thereof shall be made available at all reasonable times. Section 2. Section 4.05 of the Brooklyn Center City Charter is hereby amended as follows: Section 4.05. WITHDRAWAL OF CANDIDATE. Any person whose name has been presented in the manner provided for in the foregoing section as a candidate may, no later than 5:00 D.M. two days after the last day for filing, cause • such name to be withdrawn from nomination by filing with the City Clerk a request to do so in writing, and no name so withdrawn shall be printed upon the ballot. Section 3. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. Adopted this 26th day of August, 2002. Mayor ATTEST: City Clerk Date of Publication: September 4, 2002 Effective Date: December 3, 2002 (Strikeout indicates matter to be deleted, underline indicates new matter.) • • City of Brooklyn Center Office of the City Clerk A Millennium Community • MEMORANDUM TO: Sy Knapp, Brooklyn Center Charter Commission Chairperson FROM: Sharon Knutson, City Clerk jwm_-�L� DATE: June 18, 2002 SUBJECT: City Charter Changes Attached are two pieces of correspondence relating to City Charter language that is not compliant with State Statute language; the statutory language prevails in both cases. The first relates to Section 4.05, Withdrawal of Candidate. The second relates to Section 3.01, Council Meetings. I forward this information to the Charter Commission for its review and recommendation. If the Charter Commission chooses to amend the City Charter, please let me know and an ordinance amending the City Charter will be drafted and submitted to the City Council. 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 City o f Brooklyn Center Office of the City Manager A great place to start. A great place to stay. • Michael I McCauley City Manager August 1, 2000 Mr. Stanley Leino Charter Commission Chair 7118 France Avenue North Brooklyn Center, MN 55429 Dear Mr. Leino: , During the 2000 Legislative Session, a new law was signed by the Governor relating to the withdrawal period for municipal candidates. The enclosed memorandum from the City Clerk was forwarded to me and reviews the change. This new law affects the City Charter and is being forwarded to you for discussion and review by the Charter Commission. • Sinc , Michael J. �cCa e City Manag MJM: sk Enclosures 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk Owb/L*)I� DATE: July 31, 2000 SUBJECT: Change in Election Law Which Affects City Charter During the 2000 Legislative Session, Governor Ventura signed into law the election housekeeping bill, H.F. 2826. One of the changes in the law relates to the withdrawal period for municipal candidates, Minn. Stat. 205.13, subd. 6. The withdrawal period was lengthened from 1 /2 day to two days effective August 1, 2000. The new law read4: "a candidate for municipal elective office may withdraw from the election by filing an affidavit of withdrawal with the municipal clerk no later than 5:00 n.m. two, days after the last day for filing affidavits of candidacy. Thereafter, no candidate may file an affidavit of withdrawal." • This change in law affects the City Charter, Section 4.05, Withdrawal of Candidate, which incorporates the language from Minn. Stat. 205.13, subd. 6. The City Charter should be amended to incorporate the new language. Since the filing period for municipal candidates for Brooklyn Center was prior to the effective date for the new law change (July 4 -18), the withdrawal period was 12 o'clock noon of the day after the last day for filing. Please advise as to action which needs to be taken. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Minnesota Session Laws 2000, Chapter 467 http : / /www.revisor.leg.state.mn.us /slaws /2000 /c467.html person to the filing officer. The candidate shall state in writing the reason for being unable to submit the affidavit during the filing period. The affidavit, filing fee, and • petitions must be submitted to the filing officer during the seven days immediately preceding the candidate's absence from the state. In cities of the first class, and in any city where the use of nominating petitions is permitted under the city's charter, a nominating petition for a candidate who will be absent from the state during the filing period may be signed during the 14 days immediately preceding the date when the affidavit of candidacy is filed. —.-0' Sec. 27. Minnesota Statutes 1998, section 205.13, subdivision 6, is amended to read: Subd. 6. [WITHDRAWAL.] A candidate for a municipal elective office may withdraw from the election by filing an affidavit of withdrawal with the municipal clerk by 13 3 1 eleele neen ef the day no later than 5:00 p.m. two days after the last day for filing affidavits of candidacy. Thereafter, no candidate may file an affidavit of withdrawal. Sec. 28. Minnesota Statutes 1998, section 205.17, subdivision 1, is amended to read: Subdivision 1. [SECOND, THIRD, AND FOURTH CLASS CITIES; TOWNS.] In all statutory and home rule charter cities of the second, third and fourth class, and in all towns, for the municipal general election, the municipal clerk shall have printed on light green paper the official ballot containing the ` names of all candidates for municipal offices. The ballot shall be printed in ba-ee#g quantities of 25, 50, or 100, shall be headed "City or Town Election Ballot," shall state the name of the city or town and the date of the election, and shall conform in other respects to the white ballot used at the state general election. The names shall be arranged on city ballots in the manner provided for the state elections. On town ballots names of the candidates for each office shall be arranged either: (1) alphabetically according to the candidates' surnames; or (2) in the manner provided for state elections if the town electors chose at the town's annual meeting to arrange the names in that way for at least two consecutive years. Sec. 29. Minnesota Statutes 1998, section 205A.06, is amended by adding a subdivision to read: Subd. lc. [ABSENT CANDIDATES.] A candidate for the office of school board member who will be absent from the state during the filing period may submit a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary petitions in person to the filing officer. The candidate shall state in writing the reason for being unable to submit the affidavit during the filing period. The affidavit, filing fee, and petitions must be submitted to the filing officer during the seven days immediately preceding the candidate's absence from the state. Sec. 30. Minnesota Statutes 1998, section 205A.06, subdivision 5, is amended to read: Subd. 5. [WITHDRAWAL.] A candidate for a school district elective office may withdraw from the election by filing an affidavit of withdrawal with the school district clerk by 12:39 ncen ci the no later than 5:00 p.m. two days after the last day for filing affidavits of candidacy. After that date, no candidate may file an affidavit of withdrawal. Sec. 31. Minnesota Statutes 1998, section 206.90, subdivision 6, is amended to read: • Subd. 6. [BALLOTS.] In precincts using optical scan voting systems, a single ballot card on which all ballot information is included must be printed in black ink on white colored material except that marks not to be read by the automatic tabulating 10 of 12 08 /01/2000 3:34 PM CHAPTER 4 • NOMINATIONS AND ELECTIONS Section 4.01. THE REGULAR MUNICIPAL ELECTION.. A regular municipal election shall be held on the first Tuesday after the first Monday in November of even - numbered years at such place or places as the City Council may designate. The City Clerk shall give at least two (2) weeks p revious notice of the time and place of holding such election and of the officers to be elected and such other matters to be voted upon by posting in at least one public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.02. PRIMARY ELECTIONS., On Tuesday, at least six (6) weeks in advance of the regular municipal election, there shall be a primary election for the selection of two nominees for each elected office at the regular municipal election unless no more than two nominees file for each elective office. When two vacancies exist on the Council and the number of candidates is more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Clerk shall give at least two (2). weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1) public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.03. SPECIAL ELECTIONS, The Council may by resolution order a special election and • provide all means for holding it. At least three (3) weeks of weekly published notice of a special election shall be given in the official newspaper. The procedure at such election shall conform as nearly as possible to that prescribed for other municipal elections. Section 4.04. FILE BY AFFIDAVIT., Upon payment of the proper filing fee of five dollars ($5) to the Clerk, the Clerk shall place the name of the candidate upon the primary election ballot without partisan designation. Section 4.05. WITHDRAWAL OF CANDIDATE. Any person whose name has been presented in the manner provided for in the foregoing section as a candidate may, not later than twelve (12) o'clock noon of the day after the last day for filing, cause such name to be withdrawn from nomination by filing with the City Clerk a request to do so in writing, and no name so withdrawn shall be printed upon the ballot. • City of Brooklyn Center -8- City Charter MINNESOTA ELECTION LAWS - 2000 410.20 RECALL AND REMOVAL OF OFFICERS; ORDINANCES. Such commission may also provide for the recall of any elective municipal officer and for removal of the officer by vote of the electors of such city, and may also provide for submitting ordinances to the council by • petition of the electors of such city and for the repeal of ordinances in like manner; and may also provide that no ordinance assed b th p y e council, except an emergency ordinance, shall take effect within a certain time after its passage, and that if, during such time, a petition be made by a certain percentage of the electors of the city protest- ing against the passage of such ordinance until the same be voted on at an election held for such purpose, and then such ordinance to take effect or not as determined by such vote. History: (1294) 1909 c 170 s 5; 1959 c 305 s 5; 1986 c 444 410.21 APPLICATION OF GENERAL ELECTION I New Material 20001 C ION LAWS.. � , The provisions of any charter of a such city adopted pursuant to thi chapter shall be valid and shall control as to nominations. Mar elections. and electio for municipal offices. notwithstanding that such charter rp ovi- sions may be inconsistent with any general law r elating_ thereto, and such g eneral laws shall appl onl in so far as consistent with such charter. History: (1295) 1909 c 170 s 6 412.02 CITY ELECTIONS; OFFICERSITERMSiVACANCIES:: Subdivision 1. Officers elected. The following officers shall be elected for the terms and in the years shown and in the cities described in the table. Number of Years in City • Officer Term Year Elected Elected Mayor Two Every two years Every statutory or four except where city four years is otherwise provided pursuant to statute Clerk Four Every four years Every statutory in year when standard plan city treasurer is not in which there is elected no clerk - treasurer Treasurer Four Every four years Every statutory in year in which standard plan city clerk is not in which there is elected no clerk - treasurer Clerk- Four Every four years Every statutory Treasurer in year in which standard plan city one council where such office member is exists pursuant to elected subdivision 3 Three Four Two every four Every statutory Council • years and one in standard plan city members alternative with a council of election five 183 I MINNESOTA ELECTION LAWS - 2000 Four Four Two each Every statutory Council election optional plan city members with a council of five Five Four Three every four Every statutory Council years and two in standard plan city members alternative with a council election of seven six Four Three each Every statutory Council election optional plan city members with a council f� of seven n the first tSubd; 2._;Term Terms,of elective`:offcers shall.commerice orst Monday m'January fol'lav�z rig the election at which the officer is chosen All officers chosen and-qualified as such shall hold office untiLtheir succes =__. sors qualify. Subd. 2a. Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an office shall be filled by council appointment until an election is held as provided in this subdivision. In case of a tie vote in the council, the mayor shall make the appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, a special election shall be held at or before the next regular city election and the appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualifi- cation of a successor. The council must specify by ordinance under what circumstances it will hold a special • election to fill a vacancy other than a special election held at the same time as the regular city election. Subd. 2b. Inability or refusal to serve. A vacancy in the office of mayor or council member may be declared by the council when the officeholder is unable to serve in the office or attend council meetings for a 90- day period because of illness, or because of absence from or refusal to attend council meetings for a 90 -day period. If any of the preceding conditions occurs, the council may, after it has by resolution declared a vacancy to exist, fill the vacancy at a regular or special council meeting for the remainder of the unexpired term, or until the person is again able to resume duties and attend council meetings, whichever is earlier. When the person is again able to resume duties and attend council meetings, the council shall by resolution remove the temporary office- holder and restore the original officeholder. Subd. 3. Clerk, treasurer combined. In cities operating under the standard plan of government the council may by ordinance adopted at least 60 days before the next regular city election combine the offices of clerk and treasurer in the office of clerk - treasurer, but such an ordinance shall not be effective until the expiration of the term of the incumbent treasurer or when an earlier vacancy occurs. After the effective date of the ordinance, the duties of the treasurer and deputy treasurer as prescribed by this chapter shall be performed by the clerk - treasurer or a duly appointed deputy. he offices of clerk and treasurer may be reestablished by ordinance. If the offices of clerk and treasurer are combined as provided by this section and the city's annual revenue for all governmental and enterprise funds combined is more than $100,000, the council shall provide for an annual audit of the city's finan- cial affairs by the state auditor or a public accountant in accordance with minim auditing procedures prescribed by the state auditor. If the offices of clerk and treasurer are combined and the city's annual revenue for all govern- mental and enterprise funds combined is $100,000 or less, the council shall provide for an audit of the city's financial affairs by the state auditor or a public accountant in accordance with minim audit procedures pre- scribed by the state auditor at least once every five years, which audit shall be for a one -year period to be deter- mined at random by the person conducting the audit. Subd. 4. Repealed, 1973 c 34 s 7 Subd. 5. Repealed, 1983 c 359 s 151 184 • CHAPTER 3 PROCEDURE OF COUNCIL Section 3.01. COUNCIL MEETINGS., The City Council shall hold regular meetings at such time and place as it by motion shall determine. Officers elected at the time of a regular municipal election provided for by this charter shall be sworn in and assume the duties of the office to which they were elected on or after the first business day of January, or at the first City Council meeting in January, or as soon thereafter as practical. Officers elected at t a special election shall be sworn in and assume the duties of office to which they were elected on any business day or at any City Council meeting after the issuance by the City Clerk of the Clerk's certificate of election. Newly appointed Council members shall take the oath of office and assume the duties of office upon appointment, or on any business day, or at any Council meeting after being appointed. The Mayor or any two members of the Council may call special meetings of the Council upon at least twenty -four (24) hours' written notice to each member of the Council. Such notice shall be delivered personally to each member or shall be left at the member's usual place of residence with some responsible person. All meetings of the Council shall be in compliance with the Minnesota Open Meeting Law, and any records thereof shall be made available at all reasonable times. Section 3.02. SECRETARY OF COUNCIL. The City Clerk or the City Clerk's designee shall act as Secretary of the Council. The Clerk shall keep a journal of Council proceedings and such other records and perform such other duties as may be required by this charter or as the Council may require. The • Council shall choose such other officers and employees as may be necessary to serve at its meetings. In the absence of the City Clerk, the Council may designate any other official or employee of the City (except the City Manager or a member of the Council) to act as Secretary of the Council. Section 3.03. RULES OF PROCEDURE AND QUORUM. The Council shall determine its own rules and order of business. A majority of all members shall constitute a quorum to do business, but a smaller number may adjourn from time to time. The Council may by ordinance provide a means by which a minority may compel the attendance of absent members. Section 3.04., ORDINANCES, RESOLUTIONS AND MOTIONS. Except as otherwise provided in this charter, all legislation shall be by ordinance. The aye and no vote and abstentions on ordinances, resolutions and motions shall be recorded. An affirmative vote of a majority of all the members of the Council shall be required for the passage of all ordinances and resolutions, except as otherwise provided in this charter. Section 3.05. PROCEDURE ON ORDINANCES, The enacting clause of all ordinances shall be in the words "City of Brooklyn Center does ordain ". Every ordinance shall be presented in writing. No ordinance except an emergency ordinance shall be passed at the meeting at which it is introduced, and at least seven (7) days shall elapse between its introduction and its final passage. Every ordinance, other than an emergency ordinance, shall be published in the official newspaper at least one week prior to the final passage. • City of Brooklyn Center -6- City Charter City Council Agenda Item No. 8b • MEMORANDUM DATE: March 5, 2003 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Ordering Improvements and Authorizing Development of Plans and Specifications for Improvement Project Nos. 2003 -01, 02, and 03, Happy Hollow Area Street, Storm Drainage, and Utility Improvements Resolution Certifying Special Assessments for Improvement Project Nos. 2003- 01 and 2003 -02, Contract 2003 -A, Happy Hollow Area Neighborhood Street and Storm Drainage Improvements to the Hennepn County Tax Rolls. A series of two public hearings are scheduled on March 10, 2003. The first hearing is to order improvements and authorize development of plans and specifications for Improvement Project Nos. 2003 -01, 02, and 03, Happy Hollow Area Street, Storm Drainage, and Utility Improvements. The second hearing is to consider certification of proposed special assessments for Improvement Project Nos. 2003 -01 and 2003 -02. All potentially affected property owners • have been notified by certified mail of the date of the public hearings and the amount of the proposed special assessments. I. Summary Explanation of Improvements The proposed project includes roadway, storm drainage, and utility improvements for the Happy Hollow Neighborhood. The project was previously established by the City Council on July 8, 2002 by Resolution 2002 -95. On February 10, 2003 the City Council received the feasibility report and called for a public hearing for March 10, 2003 to consider these improvements. The proposed improvements can generally be described as follows: street reconstruction including base preparation, installation of concrete curb and gutter and driveway aprons, bituminous paving, installation of street lighting, replacement of street signs, and boulevard restoration replacement; storm drainage improvements including installation of new storm sewers, repair and replacement of existing storm sewers, installation of new and repair and replacement of existing catch basins and manholes; and replacement of water and sewer mains. Recommended Procedure It is recommended that Council receive a staff presentation. Following the presentation, the public hearing on the Improvement Project should be opened, public comments taken, and then close the public hearing. A resolution ordering the improvements and authorizing development • of the plans and specifications is provided for Council consideration. I • II. Summary Explanation of Assessments Assuming the City Council orders the above described improvements and authorizes development of plans and specifications for Improvement Project Nos. 2003 -01 and 2003 -02, Contract 2003 -A, Happy Hollow Area Neighborhood Street and Storm Drainage, it is recommended that the City Council hold the special assessment hearing certifying special assessments for said improvements to the Hennepin County tax rolls. On November 25, 2002, the City Council adopted 2003 special assessment rates for street and storm drainage improvements for single family and residential properties. The rates established for street and storm drainage improvements are $2500 and $820, respectively. All but two of the properties in the project area are single family residential and have received assessment notices specifying these rates. Assessments for the other two properties, a commercial - industrial facility and a City park, have been calculated according to the City's assessment policy. Some property owners may choose to object to a special assessment; other property owners may choose to appeal an assessment. An objection is typically a concern expressed by the property owner about the amount of the assessment, or perhaps an assertion that they are not responsible for its payment. An appeal is a legal challenge to the assessment. Property owners must file with the City Clerk a written notice of objection before or at the public hearing, and then follow up with service of • notice of appeal on the City and filing with district court. These types of disputes often require both parties to obtain appraisals and review and possibly negotiate assessments, and can lead to legal hearings. Should objections or appeals be filed with the Clerk prior to the public hearing, or should any person appear at the hearing and object to or appeal an assessment, it is recommended that the Council: • Refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint, and assemble documentation. Consider removing the objected -to assessment from the proposed levy roll and adopting the remaining proposed assessments. • If appeals are filed, staff and the City Attorney will advise the council of options for handling the dispute and the litigation. Payment Options Available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following payment options: • 1. Pay the entire amount of the special assessment, without interest, between March 11 and September 30, 2003. • 2. From October 1, 2003 to the end of the business day on November 24, 2003, the property owner may pay the total assessment, with interest calculated from October 1, 2003 to the date of payment. 3. If payments are made with property taxes, the first payment will be due with taxes in 2004. The total principle will be payable in annual installments for the period stated on the levy roll. Interest is paid on the unpaid balance. 4. Partial prepayments (such as paying half now and certifying the balance) are not allowed under current assessment policy. Recommended Procedure It is recommended that Council receive a staff presentation. Following the presentation, the public hearing on the proposed special assessments should be opened, public comments taken, and then close the public hearing. The attached resolution certifying special assessments for street and storm drainage improvements for Improvement Project Nos. 2003 -01 and 2003 -02, Contract 2003 -A, Happy Hollow Neighborhood to the Hennepin County tax rolls is provided for Council consideration. • • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2003 -01, 02, AND 03, HAPPY HOLLOW AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on February 10, 2003 authorized consideration of street, storm drainage, and utility improvements in the area generally described as "Happy Hollow Improvement Area "; more specifically described as follows: 50 Avenue North from T.H. 100 to Brooklyn Boulevard; 49 Avenue North from Beard Avenue North to Brooklyn Boulevard; Abbott Avenue North from 49 Avenue North to 350 ft. north of 50 Avenue North; Beard Avenue North from 49 Avenue North to 50 Avenue North; and Lilac Drive from 50 Avenue North to 800 feet north of 50 Avenue North. WHEREAS, the Council has previously received and accepted a feasibility report for said proposed improvements, as prepared by the Acting City Engineer; and • WHEREAS, said improvements are necessary, cost effective and feasible as detailed in the feasibility report; and WHEREAS, the City Council on February 10, 2003 adopted a resolution setting a date for a public hearing regarding the proposed improvements for the Happy Hollow Neighborhood; and WHEREAS, ten days published notice of the hearing was given and the hearing was held on March 10, 2003, at which time all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the Council has considered all comments, testimony, evidence and reports offered at or prior to the March 10, 2003 hearing; and WHEREAS, the City reasonably expects to spend monies from the Infratructure Fund on a temporary basis to pay the expenditures described in this resolution; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax- exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments, or utility fees. The maximum amount of obligations expected to be issued for such project is $ 221,000; and • • RESOLUTION NO. WHEREAS, the Acting City Engineer is prepared to develop plans and specifications for said project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project Nos, 2003 -01, 02 and 03, Happy Hollow Neighborhood Street, Storm Drainage, and Utility Improvements, are hereby ordered and the Director of Public Works is authorized to prepare plans and specifications for said improvement. 2. This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulation 1.105 -2 and any successor law, regulation, or ruling. This resolution shall be modified to the extent required or permitted by Treasury Regulation 1.105 -2 or any success law, regulation, or ruling. • 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. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2003 -01 AND 2003 -02, CONTRACT 2003 -A, HAPPY HOLLOW AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 15686 and 15687; and WHEREAS, assessment rolls, copies of which are attached hereto and part hereof by reference, have been prepared by the City Clerk, tabulating those properties where street improvement and storm drainage costs are to be assessed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: • 1. Such proposed assessments, Special Assessment Levy No. 15686 for street improvements and Special Assessment Levy No. 15687 for storm drainage improvements, made a part hereof, are hereby accepted and shall constitute the special assessments against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the . amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten (10) years as indicated on the assessment roll. The first of the installments shall be payable with ad valorem taxes in 2004, and shall bear interest on the entire assessment at the rate of five and one half (5.5) percent per annum from October 1, 2003 through December 31, 2004. To each subsequent installment when due shall be added interest for one year on all unpaid installments. • RESOLUTION NO. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before September 30, 2003. After September 30, 2003, he or she may pay the total assessment, plus interest. Interest will accumulate from October 1, 2003 through the date of payment. Such payment must be made by the close -of- business November 24, 2003, or interest will be charged through December 31 of the succeeding year. If the owner wishes to pay off the balance at some point in the future, such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. • 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::BR00KLYN CENTER:EERTIFIEV ASSESSMENT: ROLL ::::::::::: :::::::::::::::::::::::: : l: 3/1:0 OU8 : >:::: ?:::`::::< »::::::::: .:..:.....:....:.. .:....:.:....:.........:....... • H/iPPY H�tLOW:NE(GWBORMCIOD R ... . P IM . ROVEM:ENT.. ROJE.CT. 2003.0..8 .2 .................. ............................... . R ERi'Y I AI2DR I;.EV1r# . ........STREEY ................. LEVY.1�.......... STORM....... 10- 118 -21 - 13 -0007 3320 49TH AVE N 15686 $2,500.00 15687 $820.00 10- 118 -21 -13 -0008 3328 49 AVE N 15686 $2,500.00 15687 $820.00 10- 118 -21 -13 -0009 3334 49T AVE N 1 $2,500.00 15687 _ $820.00 10- 118 -21 -13 -0010 3342 49TH A N _ 15686 $2 _ 15687 $820.00 10- 118 -21 -13 -0011 4924 BEAR AVE N 15686 $2,500.00 15687 $820.00 10- 118 -21 -13 -0012 4936 BEARD AVE N 15686 $2,500.00 15687 $820.00 10- 118 -21 -13 -0013 3321 50TH AVE N 15686 $2,500.00 15687 $820.00 10- 118 -21 -13 -0014 3319 4 AVE N 15686 $2,500.00 15687 $820.00 10- 118 -21 -13 -0015 33 49T AVE N 1 5686 $2,5 15687 $820.00 10- 118 -21 -13 -0016 .3 49TH AVE N 15686 $2,500.00 15 687 $820.00 10- 118 -21 -13 -0017 3337 49 AVE N _ 156 $_2,500.00 15687 $820.00 10- 118 -21 -13 -0018 3343 49 AVE N 15686 $2,500. _ 15687_ $ 82 0.0 0 10- 118 -21 -13 -0019 334 49TH AV N 1 $2,500.00 15687 $820.0 10- 118 -21 -13 -0020 3355 49 AVE N 1568 $2,500. 15687 $820.00 10- 118 -21 -13 -0021 490 BEARD AVE N 1 56_8 6 $ 2,500.00 15687 $820.00 10- 118 -21 -13 -0022 49 BEARD AVE N 15686 $2,500.00 1 5687 - $820.00 10- 118 -21 -13 -0023 4913 BEARD AVE _N _ 1 $2,50 15687 $820.00 10- 118 -21 -13 -0024 4919 BEARD A N 1 5686 $2,500. 15687 $820.00 10- 118 -21 -13 -0025 4925 B EARD AVE N 15686 $2 ,500.00 15687 $820.00 10- 118 -21 -13 -0026 .4931 BEAR AVE N 15686 $2,500.00 15687 $ 820.00 • 10- 118 -21 -13 -0027 4937 BEAR AVE N 15686 $ 2, 500. 00_ 15687 $820 10- 118 -21 -13 -0028 5024 LIL DR 1568 $2 ,5_0 0. 00 15687 $820.00 10- 118 -21 -13 -0029 501 LILAC DR N 15686 $2,500.00 15687 $820.0 10- 118 -21 -13 -0030 5012 LI DR 15686 $2500100 156 87 $820.00 10- 118 -21 -13 -0031 500 LILAC DR N 15686 $2,50 156 $ 820.00 10- 118 -21 -13 -0032 3416 50 AVE N _ _ 15686 $2,500.00 15687 $820.00 10- 118 -21 -13 -0033 3408 50TH AVE N 1 5 68 6 $2 ,50 0. 00 15687 $820.00 10- 118 -21 -13 -0034 340 50TH AVE N 15686 $2,500.00 15687 $820.00 10- 118 -21 -13 -0035 5030 LIL DR 15686 $2,500.00 15687 $820.00 10- 118 -21 -14 -0008 HA HOLLOW P 1_56 $9,599 15687 $16,376.00 10- 118 -21 -14 -0009 3310 50TH AVE N _ 1 $2 ,500 . 00 15687 $820.00 10- 118 -21 -14 -0010 331_8 50 AVE N _ 15686 $2,500.00 15 687 $820.00 10- 118 -21 -14 -0011 495 BROOKLYN BLVD _ 15686 $2,500.00 15687 $820.00 10- 118 -21 -14 -0019 4903 BROOKLYN B LV D _ 15 _ $2 ,50_ 0. 00 _ 15687 $820.00 10- 118 -21 -14 -0020 3112 49TH A V E N 15 68 6 $ 2,500.00 15687 $820.00 10- 118 -21 -14 -0021 .4900 ZENITH AVE N 15686 $2,500.00 15687 $8 20.00 10 118 -21 -14 -0022 4906 ZENIT A VE N_ _ 1568 $2,500.00 15687 $820.00 10- 118 -21 -14 -0023 491 ZENITH AVE N _ 15 68 6 $2, 500 .0 0 15687 $820.00 10- 118 -21 -14 -0024 4 920 ZENITH AVE N 15686 $2,500.00 15687 $820.00 10- 118 -21 -14 -0025 492 ZENITH AVE N 15 $2,500.00 15687 $820.00 10- 118 -21 -14 -0026 4938 ZENIT AV E N _ _ 156 86 $2 15 687 $820.00 10- 118 -21 -14 -0027 4944 ZENIT AVE N 1 5686 $2,500.00 15687 $820.00 10- 118 -21 -14 -0028 494 Z ENITH AVE N 15 6_8 6 $2,500.00 15687 $820.00 10- 118 -21 -14 -0029 4953 ZENIT AVE N 1 $2, 15687 $820.00 10- 118 -21 -14 -0030 4917 A BBOTT AVE N 15686 $2,500.00 15687 $8 20.00 10- 118 -21 -14 -0031 493 ZENITH AVE N f 15686 $2,500.00 15687 $820.00 10- 118 -21 -14 -0032 4929 ZENITH A N 15686 $2,500.00 15687 $820.00 10- 118 -21 -14 -0033 492 ZENI AVE N 15686 $ 2,500.00 15687 $820 • 10- 118 -21 -14 -0034 4911 ZENITH A V E N _ 15 $2,5 15687 $820.00 10- 118 -21 -14 -0035 321249 A N 15 68 6 $2,50 15 6_87 $820.00 10- 118 -21 -14 -0036 4901 ZENITH AVE N 15686 $2,500.00 15687 $820.00 Page 1 :::::::::::::::::CITY. OF BROOKLYN: C ENTE R CERTIFIED ASSESS ROLL::::::: ::::::::::::::::::::::::::::::: li • 3/10%2003 :::.:.:: ::: . ....... " .:: H;4PI?Y P . .. R . T: 0 ":: �: : U :::::::::::::::::::::::::::::::::::::::::.:::::::::: ::::::::::::::::::::::::::::::: IM . ROVEM.ENT.. ROJE.C.2._.03 -0. & .2 ................. .................... ........... . F. ROPERTY:: ::; ID. ,4t3.D RE ... . . ............................... . ;:... 10- 118 -21 -14 -0037 3218 49 A V E N _ 15686 $2,500.00 15687 $ 10- 118 -21 -14 -0038 4900 AB BOTT AVEN 1 5686 $2,500.00 15687 $820.00 10- 118 -21 -14 -0039 4908 ABBOTT AV N 15 68 6 $2,500.00 1_5687 $820.00 10- 118 -21 -14 -0040 4912 A BBOTT AVE N 1 $2,500.00 15687 $820.00 10- 118 -21 -14 -0041 4928 ABBOTT AV N 15686 $2,500.00 15687 $8 20.00 10- 118 -21 -14 -0042 4936 AB BOTT AVE N 1 5686 $2,500.00 15687 $820.00 10- 118 -21 -14 -0043 4944 ABBOTT AVE N 15686 $2,500.00 15687 $820.00 10- 118 -21 -14 -0044 4950 ABB OTT AVE N 15686 $2,500.00 15687 $820.00 10- 118 -21 -14 -0045 4949 ABBOTT AVE N 15686 $2,500.00 15687 $82 0.00 10- 118 -21 -14 -0046 4943 ABBO AVE N 15686 $2,500.00 15 687 $820.00 10- 118 -21 -14 -0047 4935 ABBOTT AV N _ 15 686 $2,500.00 15687 $820.00 10- 118 -21 -14 -0048 4927 ABBOTT_ A N _ _15_68 $2,500.00 15687 $820.00 10- 118 -21 -14 -0049 4917 AB BOTT AVE N 15686 $2,5 00.00 15687 $820.00 10- 118 -21 -14 -0050 4901 ABBOTT AVE N 15686 $2,500.00 15687 582 0.00 10- 118 -21 -14 -0051 3312 49TH A N 15686 $2,500.00 15 687 $820.00 10- 118 -21 -14 -0052 3301 49T AVE N 15686 $2,500.00 15687 $820.00 10- 118 -21 -14 -0053 3307 49TH AVE N 15686 $2,500.00 15687 $820.00 10- 118 -21 -14 -0054 3313 49TH AVE N _1_5686_ $2,500.00 1_5_687 $82 0.00 10- 118 -21 -14 -0065 5042 L ILAC DR N 1 5686 $2 ,50 0 .00 156 87 $82 0.00_ 10- 118 -21 -14 -0066 5036 LIL DR N 15 $2 ,500.00 15687 $820.00 10- 118 -21 -14 -0071 5001 BRO OKLYN BLVD 15686 $2,500.00 15687 $82 0.00 • 10- 118 -21 -14 -0072 5000 ZENITH AVE N 156 $ 2,500.00 1 5_687 $8 _20.00 10- 118 -21 -14 -0073 5006 ZENITH AVE N 15686 $ 2,500.00 15687 - $8_20.00 10- 118 -21 -14 -0074 5012 ZE NITH AVE N 1 568_6 $ 2,500.00 156 87 _ _ $82 0 . 00 10- 118 -21 -14 -0075 5018 ZENIT AVE N 15 $2,500. 15687 $8_20.00 10- 118 -21 -14 -0076 5024 Z ENITH AVE N 1 5686 $ 2,500.00 15687 $820.00 10- 118 -21 -14 -0077 5025 ZEN AVE N 1 56 86 $2,500.00 15687 $820.00 10- 118 -21 -14 -0078 5019 ZENITH AVE N 1568 $2,500.00 15687 $820.00 10- 118 -21 -14 -0079 5013 ZE NITH A N_ 15 $2,500.00 15687 $820.00 10- 118 -21 -14 -0080 5007 ZENIT AVE N 1 $2,500.00 _ 1 5687 $820.00 10- 118 -21 -14 -0081 5001 ZE NITH AVE N 1 $2,500.00 15687 $820.00 10- 118 -21 -14 -0082 5000 AB BOTT AVE N 15686 $2,500:00 15687 $82 0.00 10- 118 -21 -14 -0083 5006 ABB AVE N 15686 $2,500.00 15687 $820.00 10- 118 -21 -14 -0084 5012 ABBOTT AVE N _ 15686 $2,500.00 15687 $820.00 10- 118 -21 -14 -0085 5018 ABBOTT AVE N 1568 _ $2,500.00 15687 $820.00 10- 118 -21 -14 -0086 5024 ABBOTT AVE N 156_ _ $2, 15687 $820.00 10- 118 -21-41 -0007 3135 49TH AVE N 1 _56 86 _ $2,5 15687 $820.00 10- 118 -21 -41 -0008 3141 49TH AVEN 15686 $2,500.00 15687 $82 0.00 10 -118 -21-41 -0009 3201 49TH AVEN _ 15 $2 15687 $820.00 10- 118 -21 -41 -0010 3205 49TH AV E N 15686 $2,500.00 15687 $82 0.00 10 118 -21-41 -0011 3211 49TH AVE N _ 15 $2 15687 $820.00 10- 118 -21-41 -0012 3217 49T A VE N _ _ 15686_ $2,500. _ 1 5 6 87 _ $8_20.00_ 10 -118 -21-41 -0013 3223 4 9TH AVE N 15 $2, 156 87 $ 10- 118 -21 -41 -0014 3229 49TH AV E N 15686 $2,500.00 15687 $ 820.00 10- 118 -21 -41 -0018 3129 49TH A N 15686 $2,500.00 15687 $82 0.00 10- 118 -21-41 -0020 4821 XER XES A VE N 15686 $41,647.46 15687 $16,957.52 TOTAL $288,746.50 $111,233.52 • Page 2 • Member Ed Nelson introduced the following resolution and moved its adoption: RESOLUTION NO. 2002 -171 RESOLUTION ESTABLISHING 2003 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES WHEREAS the residential assessment ates for street an storm drainage r str d sto e g improvements are annually reviewed and approved by the City Council; and WHEREAS, the residential assessment rates should be adjusted annually to be effective January 1; and WHEREAS, the proposed street assessment rates for 2003 will maintain the current relationship between the assessed costs paid by property owners and the city -wide cost; and WHEREAS, the R -4, R -5, R -6 and_ R -7 zoned districts will continue to be assessed based on an evaluation of project cost and project benefit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The residential street and storm drainage special assessment rates for street reconstruction shall apply to properties in R -1, R -2 or R -3 zoned districts. These rates shall also be applied to parcels of property in other land use zones when such parcels (a) are being used as one - family or two- family residential sites at the time the assessment roll is levied; and (b) could not be subdivided under the then- existing Subdivision Ordinance. 2. The residential assessment rates for street reconstruction effective January 1, 2003 shall be as follows: Land Use 2003 Assessment Rates R -1 zoned, used as one - family $2,500 per lot (street) site that cannot be subdivided $ 820 per lot (storm drainage) I Resolution No 2002 -171 Land Use 2003Assessment Rates R -2 zoned, or used as a two - family $33.33 per front foot with a site that cannot be subdivided $2,500 per lot minimum (street) $10.93 per front foot with a $820 per lot minimum (storm) R -3 zoned Assessable frontage x $33.33 (street) Number of residential units Assessable frontage x $10.93 (storm) Number of residential units 3. The residential assessment rates for street reconstruction shall not apply to R -4, R- 5, R -6, or R -7 zoned districts. The assessment rates for street reconstruction for R- 4, R -5, R -6, or R -7 zoned property shall be based on an evaluation of the project cost and the project benefit for each project. November 25, 2002 Date Q Mayor ° ATTEST: A _YV�W� City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kay Tasman and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker; and the following voted against the same: none; j whereupon said resolution was declared duly passed and adopted. • CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT POLICY TABLE OF CONTENTS SECTION I. GENERAL POLICIES .............................................. ............................... 1 A. Initiation of Public Improvement Projects ....................... ............................... 1 B. History ................................................................. ............................... 1 C. Financing and Assessment Policies Applicable to all Types of Improvements .......... 1 SECTION II. SURFACE IMPROVEMENTS ................................... ............................... 2 A. Standards for Surface Improvements ............................. ............................... 2 B. Assessment Formula for Surface Improvements .............. ............................... 3 1. Residential Streets ......................................... ............................... 3 2. Municipal State Aid Streets ............................... ............................... 4 3. Other Streets ................................................ ............................... 4 4. Alleys ........................................................ ............................... 5 • SECTION III. SUBSURFACE IMPROVEMENTS ............................. ............................... 5 A. Standards .............................................................. ............................... 5 B. Water Mains ......................................................... ............................... 5 C. Sanitary Sewer ....................................................... ............................... 6 D. Storm Drainage ...................................................... ............................... 6 SECTION IV. ASSESSMENT DEFERRAL PROGRAM ....................... ............................... 8 A. Eligibility ............................................................. ............................... 8 B. Calculation ........................................................... ............................... 8 C. Interest ................................................................... ............................... 9 D. Termination ............................................................. ............................... 9 • SECTION I. GENERAL POLICIES A. Initiation of Public Improvement Projects Public_ improvement projects may be initiated by petition of affected property owners. Public improvements may also be initiated by the City Council when, in its judgment, such action is required. The Capital Improvements Program shall detail a program of street improvements based on Pavement Management Program data, street and utility maintenance records, Municipal State Aid Standards, and the Local Storm Water Management Plan. B. History In 1964, the Village Council approved a Special Assessment Policy which detailed matters regarding the financing of public improvements as the cormnunity developed. This Policy has been periodically amended, and related policies approved by separate resolution. In 1985, a substantial change in policy was approved by resolution, when the City abandoned • residential assessments based on frontage to adopt a policy based on residence unit. This policy is intended to incorporate all policies related to improvement project financing. It is understood that this policy cannot anticipate every situation, and that certain circumstances may justify deviations from this policy. C. Financing and Assessment Policies Applicable to all Types of Improvements When an improvement is constructed which is of special benefit to properties within a definable area, it is the intent of the City Council that special assessments be levied against the benefited properties within that area to the extent that the costs of such project can be deemed to benefit the properties. The following general principles shall be used as a basis of the City's assessment policy: 1. The "project cost" of an improvement shall be deemed to include the costs of all necessary construction work required to accomplish the improvement, plus engineering, legal, administrative, financing, and other contingent costs. 2. The "assessable cost" of an improvement shall be defined as being those costs which, in the opinion of the City Council, are attributable to the need for service in the area served by the improvement. Said "assessable cost" shall be equal to the "project cost" of the current project, minus any credit attributed to remaining useful life expectancy or to that part of the improvement deemed to benefit the community as a whole. • September, 2001 Page 1 City of Brooklyn Center Special Assessment Policy • 3. Terms of special assessments shall be as follows: a. Street improvements - 10 years b. Bituminous alley improvements - 10 years Concrete alley improvements - 20 years C. Water and sanitary sewer hookups and improvements - 10 years d. Storm sewer improvements - 10 years Interest is charged at a rate established by the City Council at the time of certification of the levy. SECTION II. SURFACE IMPROVEMENTS Surface improvements shall include grading and base construction, sidewalks, curb and gutter, surfacing, resurfacing, undergrounding overhead utilities, landscaping, beautification, and street lighting. A. Standards for Surface Improvements 1. Arterial streets shall be of "9 ton" design, of adequate width to accommodate projected traffic volumes. Sidewalks shall be provided on both sides of all arterial streets unless • specifically omitted by the City Council, and shall be of the width approved by the City Council. 2. Collector streets (including commercial and industrial access streets) shall be of 7 ton" design, or "9 ton" design, based on anticipated usage, and shall normally be constructed in accordance with state aid standards. Sidewalks may be provided on one or both sides of all collector streets in accordance with the comprehensive plan and shall be at least 5 feet in width, unless otherwise approved by the Council. Wherever feasible, a boulevard at least 7 feet in width shall be provided, measured from the street face of curb to the street face of the sidewalk. 3. Residential streets shall be of "5 ton" design, 30 feet in width, measured between faces of curbs or edge of street, unless otherwise approved by the Council. The Council may order the construction of sidewalks when such construction is warranted. 4. Alleys, in residential areas, shall be of "5 ton" design. Alleys shall be of bituminous construction unless drainage or other conditions require concrete. 5. Street lighting, when installed, shall be installed in accordance with the Council's policy on street lighting. Mid -block lights may be installed when the length of one block from the centerline of one intersecting street to the next intersecting street exceeds 700 feet, or when it is determined that a special public safety benefit would accrue. • September, 2001 Page 2 I City of Brooklyn Center Special Assessment Policy • B. Assessment Formula for Surface Improvements The assessments to be levied against properties within the benefited areas shall be distributed to those properties on the basis of the following provisions: 1. Residential Streets a. For residential properties zoned R1, the assessment to be applied against each non- subdividable property shall be a unit amount established annually by the City Council. Said assessment is intended to represent a specific proportion of the average cost of making a typical improvement, such as the average cost of reconstructing a typical block of residential street. For properties which may be legally subdividable into two or more lots, the assessment to be applied shall equal the maximum number of lots allowable times the unit assessment. The assessment shall be calculated as follows: 1. For reconstruction or resurfacing of a residential street, the average cost of a typical similar project shall be multiplied by the Council's designated proportion to be assessed. The total assessed shall be divided by the average number of lots to be assessed to determine the unit assessment. • 2. Absent any other policy changes, such as an increase in the proportion of cost to be assessed, the unit assessment shall be adjusted annually to reflect cost of living increases as measured by the Construction Index. b. For residential properties zoned R2, the assessment shall be applied on a front foot basis, said unit being calculated as follows: The R1 unit assessment shall be divided by 75 feet, to determine the front foot rate. The minimum assessment for an R2 property shall be the R1 unit assessment. C. For residential properties zoned R3, the assessment shall be applied per unit on the following basis. The R2 front foot rate shall be multiplied by the total feet of frontage to determine the total benefit. The total benefit shall be divided by the total number of units in the development to determine the unit rate. d. For R4 to R7 properties, commercial, industrial, institutional, or special use properties, the benefits and resulting assessments shall be determined on an individual project basis. e. For those properties zoned R1 or R2 having frontage on two or more streets, special assessments shall be levied for improvements on only one of those frontages, at the owner's choice. For example, a property on the corner of A street and B Avenue may choose to be assessed when A street is improved, or B Avenue, but not both. • September, 2001 Page 3 P g r City of Brooklyn Center Special Assessment Policy • 2. Municipal State Aid Streets a. For properties that are not commercial or industrial in project areas which are primarily residential in character: 1. Benefiting properties abutting a state aid designated street shall be assessed in the same manner as those abutting other residential streets. 2. In those cases where a municipal state aid street improvement project totally removes parking from a residential street where parking was previously allowed, no special assessments shall be levied. Where parking arrangements have been made, special assessments shall be levied. b. For properties which are commercial or industrial in project areas which are primarily residential in character, and for those properties in commercial areas: 1. Conunercial and industrial properties shall be assessed based on an area (acreage) basis. An "A" zone of benefit shall be determined on a project basis, but would typically include that area of all properties abutting the street to be improved, extending to a depth of 200 feet or • the property depth, whichever is less. A "B" zone of lesser benefit may be established to identify those properties or portions of properties which do not abut the improved roadway, but which accrue benefit. 2. Unless otherwise approved by the City Council, benefiting properties within this category will be assessed for 70 percent of the total project cost. The Brooklyn Center Municipal State Aid Fund regular account will be liable for the remaining 30 percent of the project costs. 3. If there is a combination of commercial, industrial and residential properties, the commercial- industrial rate will be determined by calculating an equivalent footage rate based on assessing 70 percent of the total project cost, while the residential properties will be assessed in accordance with Subsection 2.a. of these policies. 3. Other Streets 1. Commercial and industrial properties abutting streets which are not . designated as Municipal State Aid routes shall be assessed in the same manner as properties abutting State Aid routes, as detailed in Subsection 2.b above. 2. Unless otherwise approved by the City Council, benefiting properties • within this category will be assessed for 70 percent of the total project September, 2001 Page 4 City of Brooklyn Center Special Assessment Policy • cost. The Brooklyn Center Municipal State Aid Fund local account will be liable for the remaining 30 percent of project cost. 3. For owner - occupied residential properties located in a commercially zoned area, where such property is not susceptible to subdivision into more than 2 residential uses with direct street access, the assessment shall be equal to the assessment amount established for residential properties zoned R -1 times the number of lots into which the property is susceptible to subdivision 4. Alleys a. The cost of installation, resurfacing, or reconstruction shall be assessed on a unit basis. Forty percent of the cost to be assessed shall be assessed equally to all owners of lots abutting the alley. The remaining 60 percent shall be assessed equally to all owners of lots currently having access to the alley. b. The cost to be assessed shall include all project costs. For properties where a non -hard surfaced driveway exists, the cost of constructing an asphalt driveway between the paved portion of the alley and property line, minus the cost of sod restoration for an equivalent area, shall be individually computed and added to • the uniform assessment for the specific property involved. SECTION III. SUBSURFACE IMPROVEMENTS Subsurface improvements shall include water distribution lines, sanitary sewer lines and storm sewer lines, ponds, or other drainage improvements. A. Standards Subsurface improvements shall be made to serve current and projected land use. All installations shall conform to the minimum standards therefore as established by those state, local, or federal agencies having jurisdiction over the proposed installations. All installations shall also comply, to the maximum extent feasible, to such quasi - official, nationally recognized standards as those of the American Insurance Association (formerly National Board of Fire Underwriters). Service lines to the property line of each known or assumed building location shall be installed in conjunction with the construction of the mains. • September, 2001 Page 5 City of Brooklyn Center Special Assessment Policy • B. Water Mains All properties shall be assessed their share of the cost of installing water main to serve the property and the cost of installing the water service line between the water main and the property line. In addition, all properties shall be assessed their share of city -wide or area improvements such as distribution mains, wells, above ground storage, and elevated storage tanks. 1. For those improvement projects where existing main or appurtenances are repaired or replaced, including service replacement to the property line, no special assessments shall be charged. The full cost of said improvements shall be financed by the Water Utility Fund. 2. For those improvement projects where main or appurtenances are installed to provide new service to previously unnerved properties, the full cost of said improvement shall be assessed, with the basis being the Engineer's determination of benefit to each newly served property. 3. All properties connecting to the water system shall be charged a connection charge as per the most current utility rate structure. Properties without services shall be responsible for the full cost of installing service from the main to the building. • C. Sanitary Sewer All properties shall be assessed their share of the cost of installing sanitary sewer laterals to serve the property and the cost of installing the sanitary sewer service line between the street and the property line. In addition, all properties shall be assessed their share of city- wide or area improvements such as interceptors and pumping stations. 1. For those improvement projects where existing lateral or appurtenances are repaired or replaced, including service replacement to the property line, no special assessments shall be charged. The full cost of said improvements shall be financed by the Sanitary Sewer Utility Fund. 2. For those improvement projects where lateral or appurtenances are installed to provide new service to previously unserved properties, the full cost of said improvement shall be assessed, with the basis being the Engineer's determination of benefit to each newly served property. 3. All properties connecting to the sanitary sewer system shall be charged a connection charge as per the most current utility rate structure. Properties without services shall be responsible for the full cost of installing a service from the main to the building. • September, 2001 Page 6 City of Brooklyn Center Special Assessment Policy • D. Storm Drainage All properties shall be assessed their share of the cost of installing storm drainage facilities to serve the property. In addition, all properties shall be assessed their share of city- wide or area improvements such as interceptors and detention ponds. 1. For a project which includes construction of a storm sewer interceptor, detention pond, or other regional facility, an engineering study shall establish the distribution of benefit and determine the assessable portion of the project cost. The assessable cost of a storm sewer interceptor or detention pond shall be assessed equally per unit of area (square foot, acre, etc.) over the entire district served by the interceptor or detention pond. The assessment is generally levied in the current year of construction of the interceptor storm sewer or detention pond, and it is entirely likely that a large number of properties will be assessed which do not receive immediate and total drainage relief. It is, however, considered that such properties do accrue benefit from the interceptor storm sewer since the interceptor is available to receive lateral storm sewer connections, or • the detention pond or other regional facility may provide relief from storm events of greater magnitude than a 5 year storm. 2. For those improvement projects where existing lateral or appurtenances are repaired or replaced, or slightly upgraded, no special assessment shall be charged. The full cost of said improvements shall be financed by the Storm Drainage Utility Fund. 3. For those improvement projects where laterals or appurtenances are installed to provide new service to previously unserved properties, or where service is substantially upgraded, a portion of the cost of said improvement shall be assessed. Said portion shall be the same as the assessable portion of residential street improvement costs, as established in subsection B.1.a. September, 2001 Page 7 f City of Brooklyn Center Special Assessment Policy • SECTION IV. ASSESSMENT DEFERRAL PROGRAM There shall exist a ro ram to defer a portion of the special assessments of qualifying P g P P ersons P under the provisions of Minnesota Statutes 435.193 through 435.195. Said program shall defer the payment of a portion of certified special assessments by property owners who are at least 65 years of age or older or who are retired due to permanent and total disability whose households meet certain financial characteristics. A. Eligibility 1. The property upon which the assessment is deferred must be homesteaded; 2. The property is owned by a person at least 65 years of age on January 1st of the year in which payment of the first installment of the subject assessment levy is due; or is owned by a person who is retired due to permanent and total disability. 3. The applicant must have a "financial hardship" defined as: a. An annual income for the applicant's household size which is at or below the • "Very Low Income" limit established annually by HUD for the Minneapolis and St.Paul Metropolitan Area; and b. The aggregate total of special assessment installments from previously- existing special assessment levies plus the first year of the current levy will exceed 1 -2 percent of the applicant's annual income. B. Calculation 1. The portion of the current levy which will be deferred will be that portion of the levy against the applicant's property which requires a first year installment payment which, when added to the applicant's annual payments from previously existing special assessment levies, would result in an aggregate total of special assessment installments totaling more than 1 1 /2 percent of the applicant's annual income. The portion of the current levy which can be paid without aggregating total installments above 1 1 /2 percent of the applicant's annual income shall not be deferred. 2. Special assessments levied due to the applicant's failure -to -pay charges for City services or failure to comply to City codes (i.e. delinquent utility assessments, assessments for weed removals, assessments for nuisance abatement, etc.) shall not be deferred, and installment payments for existing levies for such services shall not be included in calculating the maximum 1 1 /2 percent aggregate payment defined in paragraph B.1. above. September, 2001 Page 8 City of Brooklyn Center Special Assessment Policy i C. Interest Simple interest at the rate of that particular assessment levy shall be added to the deferred assessment, calculated from the date interest started to accrue on the original levy (usually the October 1 immediately following the certification date) to the date of payment of the deferred portion of the assessment. D. Termination The option to defer the payment of special assessments shall terminate and all amount accumulated plus applicable interest, shall become due upon the occurrence of one of the following events: 1. The death of the owner, provided that the spouse is otherwise not eligible for the benefits. 2. The sale, transfer, or subdivision of the property or any part thereof. 3. If the property should for any reason lose its homestead status. • 4. The City Council determines that a hardship no longer exists. September, 2001 Page 9 City of Brooklyn Center A great place to start. A great place to stay. • 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MINNESOTA 55430 ENGINEERING: 763 -569 -3340 FAX. 763 -569 -3494 ENGINEER S FEASIBILITY REPORT FOR HAPPY HOLLOW NEIGHBORHOOD IMPROVEMENT PROJECT NOS. 2003 -01, 02 &03 FEBRUARY, 2003 1 hereby certify that this feasibility report was prepared by me or under my direct supervision, and that I anz a duly Registered Professional Engineer under the laws of the State of Minnesota A L/� Reg. Nol'176 t Scott A. Brink, P. E. February 5, 2003 Feasibility Report Happy Hollow Neighborhood Page 1 OVERVIEW (see Figure 1) • The proposed projects include roadway and utility improvements for the Happy Hollow Neighborhood, more specifically all public streets as shown in Figure 1. The general improvement area consists of the following streets: All streets within the area bounded by Brooklyn Boulevard on the north and east, T.H. 100 on the north and west, and 49th Avenue on the south, with the following exception: Those streets located immediately adjacent to Brookdale Covenant Church and Malmborg Nursery which have been deleted from the project as a result of on -going traffic study considerations with Hennepin County regarding Brooklyn Boulevard (described further in this report). All streets within the proposed project area are local City streets. The project does include some utility work within the right of way of Brooklyn Boulevard, which is a County Roadway. Estimated costs for the new street improvements are included in a Cost and Funding Chart on the attached Figure 5. This report was prepared in accordance with previous direction of the City Council. On January 16, 2003, a public information meeting was conducted. PROPOSED IMPROVEMENTS STREETS Improvement Project 2003 -01 (see Figure 1) • The streets in the proposed project area are classified as local residential streets, originally constructed in conjunction with utility installations in the 1950's. All of the existing streets are very flat and do not have concrete curb and gutter. On average, the streets are 30 feet wide, with a pavement thickness of about 2.0 inches. These streets are aging and showing fatigue and distress, particularly along their unprotected edges. The City's Pavement Management Program indicates that it is no longer cost - effective to routinely maintain these streets (i.e., patch and sealcoat). Complete reconstruction is considered warranted. It is proposed to reconstruct these streets as two lane roadways measuring 30 feet in width with a structural capacity for the current volume and vehicle distribution. On- street parking on both sides would continue to be allowed on all streets as existing and in accordance with the City's parking ordinances. Concrete curbs and gutters and driveway aprons would be installed as part of the improvement. In addition, the existing flat street grades would be redesigned to provide for enhanced drainage. Traffic volumes on these streets are typical of local residential streets. Traffic counts on 50 "' Avenue North- have dropped significantly since access to and from T.H. 100 was recently disconnected by MnDot. As a result, traffic volumes in the neighborhood itself are relatively light. The ability to access to and from Brooklyn Boulevard at certain times of the day has been a continuing issue in this area, and several discussions with Hennepin County and MnDot have occurred over the years to attempt to address this problem. City staff are currently working with County officials to conduct further traffic studies to better ascertain and address specific access, safety, and mobility issues. • More specifically, the intersections of 51" Avenue North with Brooklyn Boulevard, and Brooklyn Boulevard with the northbound T.H. 100 off -ramp have been identified as intersections that warrant Feasibility Report Happy Hollow Neighborhood Page 2 further study and possible future improvements. As a result, the future of those intersections is not entirely known, and portions of Lilac Drive and the frontage road around the Brookdale Covenant Church and Malmborg Nursery have not been included within the scope of the proposed improvements. • There are no new sidewalks ro osed as art of the project. Portions of the existing sidewalk on p P p P J g Brooklyn Boulevard may be removed and replaced as necessary for utility repairs. The estimated cost for street improvements is $1,155,670 and includes a lump sum allocation ($20,000) for planting boulevard trees to replace those removed. An amount of $50,000 has also been allocated for replacement of street lights. STORM DRAINAGE Improvement Project 2003 -02 (see Figure 2 for proposed storm sewer system) The existing storm sewer system in the project area was installed on a per development basis and is undersized throughout the proposed project area. The flat topography of the project area also compounds drainage deficiencies. Generally, it is proposed to replace the existing pipes and install additional pipes to reach additional areas and alleviate localized drainage problems. The majority of surface water runoff from the site generally outlets the neighborhood through a 24 -inch diameter concrete pipe that flows south from the intersection of Abbott and 49th to the CP Rail tracks, crosses beneath the tracks, turns east, and empties into Ryan Lake. The outlet pipe is generally in good condition. However, it is proposed to replace the last segment of existing outlet pipe at Ryan Lake with a larger sized pipe to better accommodate the upstream flows. The remaining existing storm drain pipes are either undersized or in poor condition, and will be replaced. Additional lengths of new pipe will be installed as well. Figure 2 shows a preliminary concept for storm drainage improvements to serve the project area. The project design essentially provides for installation of additional storm sewers and catch basins to provide additional pick -up points throughout the neighborhood, thereby allowing streets to be regraded to provide more positive drainage, and to minimize localized flooding. The estimated cost for storm sewer improvements is $252,622. SANITARY SEWERS Improvement Project 2003 -03 (see Figure 3) All sanitary sewers in the project area are 8 -inch diameter clay pipes, installed in the 1950's. An exception is the MCES interceptor pipe (33 -inch diameter) located underneath 50"' Avenue North, which is not included within the proposed improvements. Because these sewers were constricted without gaskets in the joints, they are subject to a modest level of ground water and root infiltration. Often, it would not be cost - effective to eliminate this infiltration if the pipe itself were in good condition. City maintenance records along with a televised inspection of all sewers in this area document a significant tree root infiltration problem and some structural defects in the sewer mains. Surveys received from residents also indicate some experiences with plugging of service lines that can often be attributed to root penetration of the pipe joints. City maintenance staff are • required to routinely perform root sawing and removals on the sanitary mains in the project area to prevent back -ups. Feasibility Report Happy Hollow Neighborhood Page 3 The televised inspections have indicated that root infiltration is significant throughout the majority of the sanitary sewer system in Happy Hollow (Figure 3). In particular, root infiltration and blockages are seen at the connection points between private service lines and the mains. Therefore, the majority of all i s sewer mains in the project area are proposed to be replaced. Staff has compared costs of complete replacements vs. repair and replacement of specific problem areas only. Because of construction methods, mobilization costs, and in consideration of the final product and long term performance, it has been determined that in the long -term perspective, complete replacement is recommended. In addition, many of the existing mains requiring replacement are located outside of the roadway itself and in very close proximity to private property and large mature trees. In these circumstances, to avoid intrusion into private property and losing mature trees, it is proposed to abandon the existing pipe in place and install new sanitary sewer within the center of the roadway, consistent with City standards. In accordance with City policy and past construction practice, individual service lines between the sewer main and the property line would be replaced. The sewer main located within the right of way of Brooklyn Boulevard (north of 50th Avenue North) is generally in better condition than the other mains in Happy Hollow. Because of the sewer condition, and location in relation to Brooklyn Boulevard, it is proposed to re -line this portion of sanitary sewer. This will avoid significant costs and disruptions that would result from excavating within Brooklyn Boulevard, which is a Hennepin County roadway, and is not scheduled for improvements at this time. An MCES (Metropolitan Council Environmental Services) interceptor pipe (33 -inch) also traverses through the project area on 50th Avenue North (T.H. 100 to Brooklyn Boulevard) and south on Brooklyn Boulevard to 49th Avenue North before exiting the City. MCES interceptor pipes generally serve as collectors for the smaller City sewer mains. This particular interceptor pipe is not owned or • operated by the City, and was relined 8 years ago by Met Council. However, several individual property services do empty into the interceptor pipe, and it is proposed to replace those individual services (between the main and property line) that may warrant replacement. Additional information regarding sewer problems was received from property owners during the public participation process. Based on that information and additional review of other available information, final recommendations will be made during the final design process and project cost estimates will be revised accordingly. At this time the estimated cost of sanitary sewer work as proposed is $418,682. WATER MAINS Improvement Project 2003 -04 (see Figure 4) The water distribution system in this particular neighborhood was installed in the 1950's with cast iron pipe. The majority of the existing pipe is 6 inches in diameter. Some smaller lengths of 10 -inch diameter and 12 -inch diameter pipes are also found within the project area. Overall, the cast iron pipe is aging and brittle. Also, in areas where deep trenching (for replacing the sanitary sewer) will disturb the soil, the risk of breaking, the mains increases. Therefore, it is proposed to replace all water mains as part of this project, with the exception of mains located in Brooklyn Boulevard. In addition, leaky valves, and aging hydrants would be replaced as part of this work. The cost of this water system work is estimated to be $377,671. • Feasibility Report Happy Hollow Neighborhood Page 4 ESTIMATED COSTS AND FUNDING CONSIDERATIONS (see Figure 5) The total estimated cost for the proposed project is $2,204,646. A detailed breakdown of this estimate, • as well as funding sources is explained as follows in this report and attachment. Costs and FundinE for Street Improvements, Proiect No. 2003 -01 The estimated project cost for roadway improvements for all streets in this project area is $1,155,670. These costs include project administration, engineering, street lighting and reforestation. It is proposed to levy special assessments for street improvements in accordance with the 2003 rates adopted by the City Council. The rates adopted by the City Council provide for a standard 2003 residential street assessment rate of $2,500 per residential property. These rates would be assessed to all benefited residential properties as shown in Figure 1. The assessment rate for commercial- industrial properties is established at $0.356 per square foot, which represents 70% of the square foot cost for street improvements. On this basis it is estimated that special assessments totaling $288,746.50 would be levied for street improvements. Costs and Funding for Storm Drainage Svstem Improvements. Proiect No. 2003 -02 The total estimated cost for storm drainage improvements within the Happy Hollow Neighborhood Area is $252,622. This includes the cost of storm sewer constriction throughout the project area. It is proposed to levy special assessments for storm drainage improvements in accordance with the "2003 rates adopted by the City Council. Application of this rate to properties benefited by these improvements will result in estimated special assessments of $820 per single - family residential unit. The assessment rate for commercial - industrial properties is established at $0.08 per square foot, based on 70% of the square foot cost for storm drainage improvements. On this basis it is estimated that special assessments totaling $111,233.52 would be levied for storm drainage improvements. The Storm Drainage Utility Fund would pay for a substantial amount of the remainder of the storm sewer costs. Costs and Funding for Sanitary Sewer and Water Main Improvements, Proiect No. 2003 -03 The estimated cost of sanitary sewer repairs and /or replacements is $418,682 and the estimated costs for water main repair and/or replacements is $377,671. As previously noted, these cost estimates are preliminary at this time. However, all such costs would be funded by their respective utility funds, in accordance with established policy for such improvements. Recommended 2003 Proiect Schedule February 10 City Council receives feasibility report, declares cost to be assessed, and calls for public hearing March 10 Public Hearing, City Council may authorize the project and order preparation of plans and specifications. March 24 Approve plans and specifications, authorize Ad for Bids April 23 Bid opening April 28 City Council awards contract • May 1 Start construction September 15 Construction Substantially Complete Feasibility Report Happy Hollow Neighborhood Page 5 r Conclusion The overall condition of the City's infrastructure system (streets, sewers, utilities) is critical to the operation, safety, welfare, and economic health of the entire City. As a result of the infrastructure needs described, and the proposed solutions and estimated costs described in this report, the proposed project is considered to be necessary, cost effective, and feasible. Scott A: Brink, P. E. Reg. No. 17657 • Feasibility Report Happy Hollow Neighborhood Page 6 • HAPPY HOLLOW RECONSTRUCTION AREA I I PROJECT AREA NOT TO SCALE i I FIGURE 1 I HAPPY HOLLOW RECONSTRUCTION AREA PROPOSED STORM SEWER IMPROVEMENTS 4 � l 50TH AVE. I I 1W 49TH AVE./ i i NOT TO SCALE STORM SEWER (NEW AND REPLACEMENT) - - - - - - EXISTING STORM SEWER TO STAY IN PLACE FIGURE 2 HAPPY HOLLOW RECONSTRUCTION AREA PROPOSED SANITARY SEWER IMPROVEMENTS I oe I \ U Q � \ ? 50TH AVE. Q o I m o • � I I f I€ J a ! W N NOT TO SCALE SANITARY SEWER TO BE REPLACED - - - - - - EXISTING SANITARY TO REMAIN IN PLACE EXISTING SANITARY TO FIGURE 3 BE RELINED • HAPPY HOLLOW RECONSTRUCTION AREA PROPOSED WATERMAIN IMPROVEMENTS aQ I \ U �ir r 50TH AVE. I I I I a 1 • �- O I m J a i i W N ' 49N A. 1 NOT TO SCALE WATERMAIN TO BE REPLACED FIGURE 4 COSTS & FUNDING - IMP. PROJECT 2003 -01,02 & 03 GARDEN CITY NORTH - FEASIBILITY SUMMARY ESTIMATED EXPENDITURE STREET SANITARY WATERMAIN STORM ESTIMATED SEWER SEWER TOTAL ESTIMATED CONSTRUCTION COST $ 905,155.00 $ 350,620.00 $ 316,065.00 $ 211,475.00 $ 1,783,315.00 CONTINGENCY (10 %) $ 90,515.50 $ 35,062.00 $ 31,606.50 $ 21,147.50 324,800.00 SUBTOTAL CONSTRUCTION COST $ 995,670.50 $ 385,682.00 $ 347,671.50 $ 232,622.50 $ 1,961,646.50 ADMIN, ENG., LEGAL $ 90,000.00 $ 33,000.00 $ 30,000.00 $ 20,000.00 $ 173,000.00 REFORESTATION $ 20,000.00 $ 20,000.00 STREET LIGHTS $ 50,000.00 $ 50,000.00 TOTAL ESTIMATED PROJECT COST (FEASIBILITY) $ 1,155,670.50 $ 418,682.00 $ 377,671.50 $ 252,622.50 $ 2,204,646.50 ESTIMATED REVENUE STREET ASSESS = $2500 /UNIT X 95UNITS $ 237,500.00 $ 237,500.00 CITY OPEN SPACE /PARK (CAPITAL PROJECTS FUND) $ 9,599.04 $ 16,376.00 $ 25,975.04 STORM ASSESS = $820 / UNIT X 95 UNITS $ 77,900.00 $ 77,900.00 COMMERCIAL ASSESSMENT $ 41,647.46 $ 16,957.52 $ 58,604.98 SANITARY SEWER FUND $ 418,682.00 $ 418,682.00 WATER FUND $ 377,671.50 $ 377,671.50 STORM DRAINAGE UTILITY FUND $ 141,388.98 $ 141,388.98 STREET LIGHT UTILITY $ 50,000.00 $ 50,000.00 INFRASTRUCTURE CONSTRUCTION FUND $ 816,924.00 $ 816,924.00 TOTAL EST. REVENUE (FEASIBILITY) $ 1,155,670.50 $ 418,682.00 $ 377,671.50 $ 252,622.50 $ 2,204,646.50 FIGURE 5 HAPPY HOLLOW SUR Y SUMMARY RESULTS ldress, ees'. Sanitarx'.,w: ..:'.,Sto ''._.. . rm, ' Wa,t Sprinkler <t 40 -5 s/ once'' 4 �< : "1. g . 2minen , t r - . c c •:Y' ., ve.:Yr , VV . Q' ��YY V .�,,, .. 4, _ 9 ba 1' _ J' >t,•,.i, -.. .. .t, �w.. u. x+ :'Sr:+�c.S'" ;.x:f+�;a .,,,, , p.�; :t T .'}Y , J, "�] y' 1 �. F - . »), „ a:'.• 4.�: * nRr't.},+,r•+'i:'i W. 'f.: # °.. r -,... ,'- v��� •.R a 6 n t g ” ,e i �, C� .••+e - so- • I k- ti3:' r rya -. , �. �:; p ��,� q3 ,•' lu .. f. ,u.4a °..rte ;° ,., .., : _ .. _ -... .. �t -j!iy " `�T r i i .., i ,+ � • s: "'R '� "it'�� .f"�'1u'�w- , �... , 3129 Tree in front Line cleaned 3 yrs ago. No problems No Cloudy at times in NA Strong concerns about cost and assessments. yard since summer. 3135 None No I No i NA No NA 3205 1 near blvd. Once in past 3 yrs. Back up from No flooding Low pressure No NA washing machine. 1 (probably internal) 1 3217 1 evergreen Line cleaned 2002 No I No No NA near service 3328 NA Line cleaned once a year. Street floods with every No Yes, but NA heavy rain. not in operation 3337 Trees near I Line cleaned every two years No No No NA service. 3342 Yes No problems No problems No problems. Water No None is great. u : .x � ,rc :. .>a ',•+:«: ,.s. - :xtw'R+; ; .,t ' .t • ,. rc' : - ;:..'•'• 'r , tea,; #., sxt. , r a'.. ,F,r x � �..r�.. r.. �' e �'�° a ., :�.. .n .� '4 ✓� 's: -.v. ... ...wv �,. ::': ?:'2'.: .J'n ..k •.. W, ., ,�ca 'k W, ,y� .. , '�V 'U, , o , E J .. � s _ .. - .,x ^�N. �Y,. ,.. : f'�'A. :,- ••:`. y.."u'.• ., ' "2 '. J .'; P„ �.., „I tl„ ws, .t eri' .F �L. ., a. - . ._a .,.t .,J x S .'+ :s. '? - „ F „.. ;6' 'g nT -.'. ,, - "', », P3 Lr "!,i' I as i �~,' .. h' »nti ^C`;�a✓, rr x 'aa, .� �^-: ,1, Hw ..o,, wW. ,§ - ,,:`�''. 'r.,r;• ,» J � ., pk 2 .:u , a >:- Y.r 7 °r, _, . � , • art e r::., .., �,• ♦,"� � "'!" r v, 3408 No a Once t a _ ' K in 35 yrs. Water stnding on comer of No No None 50` after rain. , yy ,�wrpp :,e, w :. , .,'......,..,. e "W. n , .n w, _ a„v : , .? .. '!: 1' ' .Jt' 9 � 1 "�-. � K9 • r. V f •t r 1 3001 No Line cleaned in 2000 51 always flooded during No No :- Sidewalk was put in 3 yrs ago. Will it be replaced if rain. Many times 6” deep. I (� I it is disturbed? v". g xL'" ,.^.t <s "�i':•"°5� - <Fd ",',.{ 'off,:.,,: -A,- "S «ea.m: a?�;.. +R'• M <:I fir: B T ,,, 'k.,... .4 1. 9t" R "�:. Y? . 1� ,l,, srt, x �,: y,� •�. . °G "i �� ' � r „.�. '�.Sp4' .. >f��fibS ., V'a4f4�n�i4: , •� #� 4901 No New sewer in 1996 solved previous Some street flooding. During No No Street on Abbott & 49 is deteriorating badly, asphalt problems. heavy rain it floods to yard. is crumbling. 4917 No Line cleaned every 2 years No No No None 4927 Yes Line cleaned every 2 years. No No No Concerned about cost. 4928 NA Line cleaned once a year until tree None Use filtered water for No was removed. I drinking & cooking 4943 2 trees Line cleaned 3 times in 13 yrs. No No No Concerns about cost and potential damage to her sewer line. 1 " V�aa" q M 0 r I ommen �w iffi ZXdd r con rnz k REM G AIM.' -INTMU-11 -TzWee"' �- Mi "IM. LAM WE 4944 No No No No No MMM year & I Concerns about cost. Plan to sell home this express worry about streets being tom up. 5000 No No No No Yes Approves of project hoping changes with new curb & gutter and street grades will alleviate water standing in driveways and intersections after ' a rain. y s 4913 Trees near Last City maintenance visit left No No No Recently purchased property. Not aware of any service line & basement bathroom covered with issues. street. sewage. 4924 Tree planted Line cleaned every 3 years. No No No No over service ---------- N N� "p K A , BL M"' '4 W. 00 �c 5049 5 trees Once, 2 years ago No No No NA between house & street 5053 No Once in 33 years No No No The comer at 51" definitely needs a stoplight. Cars are speeding 50+ mph. Concerned about cost of project. Sore spot is buses stopping on their comer and blocking their driveway. 5100 NA None No No No NA 5139 No No No No No Brookdale Covenant Church road in relation to the construction work on HWY 100. Xr y g" t. ) Ma" ...... • 0V " IS ? ORTR 4" g s dxL '1 211- c-11- 'I. am m ww 'T"! 2 :P� 5006 1 tree near Line cleaned every two years. No No No Who pays for the other side of the street? service and row of hedge near street. 5012 No Line cleaned every 2 years. No Sometimes tastes No Would like to see stop lights on 51 st & Br. Blvd. funny. Ideally extend Lilac Dr to the Blvd to line up with the ramp from southbound Br. Blvd. to northbound Hwy 100 with traffic lights. "Al It, E 2 �Js r - r:ab: � .R. *.iyy,.�;. t'� eS� o.:r��•, �p, .i »'r. ,J k,.. .lag-— ..:o• a J. .'S. A"„ f ^Jas- ..a� �.; �;" a�'•.!r.,a.r G'u;'., rrL .d r z )• I Y L' r V rs 4937 NA Line cleaned every 3 -4 years, No No No Concerns about cost and how t,: hey will be able to pay ' for the project. 5001 NA Refer to letter attached to survey No No No NA form. 5012 No No No No No Street seems to be in very good condition. 5018 NA Floor drain backs. up when washing Basement flooding when No No NA machine empties into sink drain. gutters aren't functioning properly. 5025 No No No No No NA NA = No Answer I I i 3 I i City Council Agenda Item No. 8c • • MEMORANDUM DATE: March 5, 2003 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Public Hearing on Proposed Special Assessments for Diseased Tree Removal Costs, Delinquent Weed Removal Costs, and Delinquent Public Utility Service Accounts Procedures and General Information The series of public hearings scheduled on March 10, 2003 are to consider certification of proposed special assessments. The Council called for these hearings at its February 10, 2003 meeting. All potentially affected property owners have been notified by certified mail of the date of the public hearing and the amount of the proposed special assessments, with the exception of those with delinquent public utility service accounts. Those property owners have been notified by first class mail. . Recommended Procedure Hold the hearings concurrently. 1) Request staff report 2) Council discussion 3) Open public hearings and take public comment 4) Close public hearings 5) A resolution is provided for each levy roll which is to be adopted. The resolutions may be adopted with a single motion. Some property owners may choose to object to a special assessment; other property owners may choose to appeal an assessment. An objection is typically a concern expressed by the property owner about the amount of the assessment, or perhaps an assertion that they are not responsible for its payment. It is most common to receive objections regarding assessments for tree removal or weed destruction, with property owners disputing an amount, or stating that the work occurred under the previous property owners. An appeal is a legal challenge to the assessment. Property owners must file with the City Clerk a written notice of objection before or at the public hearing, and then follow up with service of notice of appeal on the City and filing with district court. These types of disputes often require • both parties to obtain appraisals and review and possibly negotiate assessments, and can lead to legal hearings. Should objections or appeals be filed with the Clerk prior to the public hearing, or should any • person appear at the hearing and object to or appeal an assessment, it is recommended that the Council: • Refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint, and assemble documentation. Consider removing the objected -to assessment from the proposed levy roll and adopting the remaining proposed assessments. • If appeals are filed, staff and the City Attorney will advise the council of options for handling the dispute and the litigation. Payment Options Available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following payment options: 1. Pay the entire amount of the special assessment, without interest, between March 11 and April 30, 2003. • 2. From May 1 through November 24, 2003, the property owner may pay the total assessment, with interest calculated from May 1, 2003 to the date of payment. 3. If payments are made with property taxes, the first payment will be due with taxes in 2004. The total principle will be payable in annual installments for the period stated on the levy roll. Interest is paid on the unpaid balance. 4. Partial prepayments (such as paying half now and certifying the balance) are not allowed under current assessment policy. • MEMORANDUM DATE: March 5, 2002 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Tax Rolls Resolution Certifying Special Assessments for Delinquent Weed Removal Costs to the Hennepin County Tax Rolls Resolution Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls On February 10, 2003 the City Council adopted Resolution 2003 -24, providing for a public hearing regarding proposed assessments for Diseased Tree Removal Costs, Delinquent Weed Removal Costs, and Delinquent Public Utility Service Accounts. The purpose of the attached resolutions is to certify these assessments to the Hennepin County tax rolls. • The property owners whose accounts are delinquent have been notified of the status of their accounts in accordance with City ordinances. • Member introduced the following resolution and moved its adoption: RESOLUTION NO RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the Tree Inspector of the City of Brooklyn Center has caused the removal of trees on certain properties within the City during 2002 under the authority of Minnesota Statutes, Section 18.023 and by written agreement with the owners of such property; and WHEREAS, an assessment roll, a copy of each of which is attached hereto and part hereof by reference, has been prepared by the City Clerk, tabulating those properties where tree removal costs are to be assessed, together with the amounts proposed to be assessed to each property; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for tree removal costs: • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said assessment roll of tree removal costs is hereby adopted and certified as Levy No. 15682. 2. The assessments as adopted and confirmed shall be payable in equal annual installments with interest thereon at five and one -half (5.5) percent per annum, extending over a period of five years. The first of the installments shall be payable with ad valorem taxes in 2004, and shall bear interest on the entire assessment from May 1, 2003 through December 31, 2004. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before April 30, 2003. After April 30, 2003, he or she may pay the total special assessment, plus interest. Interest will accumulate from May 1, 2003, through the date of payment. Such payment must be made by the close -of- business November 24, 2003, or interest will be charged through December 31 of the succeeding year. If the owner wishes to pay off the balance at some point in the future, such payment must be made before • November 15 or interest will be charged through December 31 of the succeeding year. i • RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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 SPECIAL ASSESSMENT ROLL CERTIFICATION ROLL MARCH 10, 2003 TREE REMOVAL 2003 OUNICIPAL CODE NO. 22 Levy runs five (5) years PROPERTY ASSESSED OWNER LEVY PROPERTY Address Name NO. IDENTIFICATION NO. AMOUNT Legal Description Mailing Address 15682 01- 118 -21 -23 -0077 l $255.50 1210 58TH AVE N (TIMOTHY & CATHERINE LAMERE 15682 01- 118 -21 -31 -0078 $1,018.50 5518 DUPONT AVE N EUGENE SHAFER 15682 01- 118 -21 -33 -0158 $365.75 5456 EMERSON AVE N BARBARA PLOUMEN 15682 02- 118 -21 -43 -0127 $365.75 2206 54TH AVE N MARY BETH DAVIDSON 15682 03- 118 -21 -21 -0109 $283.85 3912 61 ST AVE N NENG THAO & YOUA HER 15682 27- 119 -21 -31 -0050 $752.25 7137 FRANCE AVE N FAYE LARRY 15682 34- 119 -21 -12 -0042 $334.25 6831 DREW AVE N DAVID GARDNER 15682 34- 119 -21 -43 -0035 $1,657.50 3501 62ND AVE N 1ANTHONY MICHAELSON $5,033.35 • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION CERTIFYING A SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the Weed Inspector of the City of Brooklyn Center has caused noxious weeds and tall grass to be cut down on certain properties within the City under the authority of Minnesota Statutes, Section 18 -271; and WHEREAS, on March 10, 2003, there remained unpaid certain of these weed destruction accounts; and WHEREAS, assessment rolls for unpaid accounts from 2002, copies of which are attached hereto and part hereof by reference, have been prepared by the City Clerk, tabulating those properties where an unpaid weed destruction account is to be assessed with the amount to be assessed; and WHEREAS, said statute authorizes the certification of delinquent weed destruction • accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for weed destruction costs: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said assessment roll of unpaid weed destruction accounts is hereby adopted and certified as Levy No. 15683. 2. The assessment as adopted and confirmed shall be payable with ad valorem taxes in 2004, in one annual installment with interest thereon at five and one -half (5.5) percent per annum and shall bear interest on the entire assessment from May 1, 2003 through December 31, 2004. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment to the City Treasurer, without interest, if the entire assessment is paid on or before April 30, 2003. After April 30, 2003, he or she may pay the total special assessment, plus interest. Interest will accumulate from May 1, 2003, through the date of payment. • Such payment must be made by the close -of- business November 24, 2003, or interest will be charged through December 31 of the succeeding year. g g g • RESOLUTION NO. 4. The City lerk shall forthwith transmit a certified duplicate of this assessment to Y P the County Auditor to be extended on the proper tax lists of the county, and such assessment shall be collected and paid over in the same manner as other municipal taxes. 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 0 CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL MARCH 10, 2003 WEED DESTRUCTION 2003 MUNICIPAL CODE NO. 22 Levy runs one (1) year PROPERTY ASSESSED OWNER LEVY PROPERTY Address Name NO. IDENTIFICATION NO. AMOUNT Leg Descri ption Mailinq Address 15683 01- 118 -21 -21 -0026 $130.00 5942 ALDRICH AVE N IPAVLO & TETYANA VAGNER 1 15683 03- 118 -21 -41 -0002 $90.00 5601 XERXES AVE N IHOP REALTY CORP 450 NORTH BRAND BLVD 7TH FLOR GLENDALE, CA 91230 15683 34- 119 -21 -12 -0008 $130.00 6700 FRANCE AVE N EUGENE & MALDIN AMOS 3525 COLFAX AVE S #3 MINNEAPOLIS MN 55408 15683 36- 119 -21 -12 -0038 $130.00 LOT 30 AUDITOR'S SUBD NO 310 DAVID EVANSON 2208 73RD AVE N BROOKLYN PARK MN 55444 TOTAL $480.00 • • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS I WHEREAS, the records of the Public Utilities Department list certain accounts delinquent as of January 1, 2003; and WHEREAS, the owners of record of the properties served by each delinquent account have been notified of the delinquency according to legal requirements; and WHEREAS, Minnesota Statutes, Section 444.075 and City Ordinances, Sections 4 -105 and 16 -204 authorize certification of such delinquent accounts to the County tax rolls for collection; and WHEREAS, an assessment roll, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where a delinquent public utility account is to be assessed with the amount, including interest and service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for delinquent public utility accounts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said assessment roll of delinquent public utility accounts is hereby adopted and certified as Levy No. 15684. 2. The assessments as adopted and confirmed shall be payable with ad valorem taxes in 2004, in one annual installment with interest thereon at five and a half (5.5) percent per annum, and shall bear interest on the entire assessment from May 1, 2003 through December 31, 2004. prior to the certification of 3. The owner of any property so assessed may at any time p the assessment to the County Auditor pay the whole of the assessment to the City Treasurer, without interest, if the entire assessment is paid on or before April 30, • 2003. After April 30, 2003, he or she may pay the total assessment, plus interest. RESOLUTION NO. • Interest will accumulate from May 1, 2003, through the date of payment. Such payment must be made by the close -of- business November 24,2003 or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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. • CURRENT CESCATION REPORT • 10 -MAR -2003 (12:13) page 1 of 35 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------ ------------------------------------------------------------------------------------------------------------ 100016000001 LARRY MEYER S Y 120.77 30.00 150.77 3311921120010 6843 TOLEDO AVE N BROOKLYN CENTER MN 55429 -1669 100035000702 DESIREE WILKERSON S Y 217.27 30.00 247.27 3311921120056 5318 68TH AVE N BROOKLYN CENTER MN 55429 -1653 100048000204 PAM PARADISE S Y 107.48 30.00 137.48 3311921120038 6713 TOLEDO AVE N BROOKLYN CENTER MN 55429 -1667 100050000704 THOMAS ANDREWS S Y 252.10 30.00 282.10 3311921120036 5312 67TH AVE N BROOKLYN CENTER MN 55429 -1650 100070000303 KIMBERLY SYKES S Y 273.63 30.00 303.63 3311921120040 6736 TOLEDO AVE N BROOKLYN CENTER MN 55429 -1678 100070000303 SEBON HAWKINS 2 Y 3311921120040 6736 TOLEDO AVE N BROOKLYN CENTER MN 55429 -1678 100079000404 KAREN EDEBURN S Y 207.55 30.00 237.55 3311921120072 6801 SCOTT AVE N BROOKLYN CENTER MN 55429 -1665 100085000603 KHALI RASHEED S Y 244.83 30.00 274.83 3311921120066 6837 SCOTT AVE N BROOKLYN CENTER MN 55429 -1665 100092000701 GLORIA SAWCHAK S Y 137.15 30.00 167.15 3311921120062 6812 SCOTT AVE N BROOKLYN CENTER MN 55429 -1666 100105000201 MICHELLE SULLIVAN S Y 97.30 30.00 127.30 3311921120102 6713 REGENT AVE N BROOKLYN CENTER MN 55429 -1659 100156000003 DAVID DIGGS S Y 226.80 30.00 256.80 3311921110065 6800 QUAIL AVE N BROOKLYN CENTER MN 55429 -1658 100164000006 DEBORAH SALITERMAN S Y 262.98 30.00 292.98 3311921110087 6700 QUAIL AVE N BROOKLYN CENTER MN 55429 -1656 100169000503 DEBRA SCHLICK S Y 269.56 30.00 299.56 3311921110056 6727 PERRY AVE N BROOKLYN CENTER MN 55429 -1609 YPROCSDURE L. XTION INFORMATION ------------------------------- Procedure name: CERTREPT(UBONLN.BC) User: STASIA,UB.BC,UBONLN Custom user profile: $UB Run date: 10 -MAR -2003 Started at: 12:13:24.5 Finished at: 12:13:26.1 Elapsed time: 00:00:01.6 CPU time: 00:00:01.4 Records read: 2396 Records selected: 444 Records written: 445 Selection values: ADDRESS -TYPE :[P]: "S" or TAX- ROLL - SEND -CD :[P]: "Y" and AMT -OPEN : [P] : NE .00 I I I CURRE CEROATION REPORT • 10 -MAR -2003 (12:�3)�age 2 of 35 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ----------------------------------------------------- ------------------------------------------------------------------------------- 100179000303 MICK MAGUIRE S Y 107.00 30.00 137.00 3311921110038 6839 PERRY AVE N BROOKLYN CENTER MN 55429 -1611 100179000303 GENE L MAGUIRE B Y 3311921110038 7926 LACASA WAY BUENA PARK CA 90620 100211000304 ROBERT SHAW S Y 257.72 30.00 287.72 3311921110009 6836 ORCHARD AVE N BROOKLYN CENTER MN 55429 -1607 100229000304 BEVERLY DAVIS S Y 153.64 30.00 183.64 3311921110002 6825 NOBLE AVE N BROOKLYN CENTER MN 55429 -1604 100380000806 DEAN LITTLE S Y 269.76 30.00 299.76 2711921330013 6927 BROOKLYN BLVD BROOKLYN CENTER MN 55429 -1369 100380000806 LOLA LITTLE 2 Y 2711921330013 6927 BROOKLYN BLVD BROOKLYN CENTER MN 55429 -1369 100384000402 OBIDIAH HENRY S Y 239.53 30.00 269.53 2711921330019 6914 LEE AVE N BROOKLYN CENTER MN 55429 -1332 100406000605 DAN DEMPSEY S Y 235.79 30.00 265.79 2711921330042 6915 MAJOR AVE N BROOKLYN CENTER MN 55429 -1337 100419020102 JON M WAGNER S Y 99.50 30.00 129.50 2811921410028 7107 PERRY PL BROOKLYN CENTER MN 55429 -1206 100420030704 ED WILLIAMS S Y 205.41 30.00 235.41 2811921410031 4909 WINGARD PL BROOKLYN CENTER MN 55429 -1213 100422020602 PAUL N KELLY S Y 240.23 30.00 270.23 2811921410042 7105 QUAIL CIR E BROOKLYN CENTER MN 55429 -1208 100430020604 JOSEPH P HALL S Y 336.07 30.00 366.07 2811921410158 7220 PERRY CT E BROOKLYN CENTER MN 55429 -1203 100437030806 LINDA GREEN S Y 247.78 30.00 277.78 2811921410150 7201 PERRY CT E BROOKLYN CENTER MN 55429 -1202 CURRENT CERTIFICATION REPORT 10 -MAR -2003 (12:13) page 3 of 35 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN - CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 100439000908 EMILY KANDAKAI S Y 296.35 30.00 326.35 2811921410126 4800 71ST AVE N BROOKLYN CENTER MN 55429 -1218 100578000001 MERLE DUERR S Y 205.52 30.00 235.52 2811921440068 6900 REGENT AVE N i BROOKLYN CENTER MN 55429 -1255 100593000104 GEOFF REID S Y 251.21 30.00 281.21 2811921440072 5018 71ST AVE N BROOKLYN CENTER MN 55429 -1270 100593000104 ANNETTE MADAM 2 Y 2811921440072 5018 71ST AVE N BROOKLYN CENTER MN 55429 -1270 100613000703 JOHN WILMES S Y 263.78 30.00 293.78 2811921430012 6924 SCOTT AVE N BROOKLYN CENTER MN 55429 -1259 100613000703 LONG DOAN 2 Y 2811921430012 6924 SCOTT AVE BROOKLYN CENTER MN 55429 100638030503 PATRICIA M BUTTELL S Y 194.92 30.00 224.92 2811921430049 6908 UNITY AVE N BROOKLYN CENTER MN 55429 -1263 100638260804 JOY REINHART S Y 204.35 30.00 234.35 2811921430079 7020 UNITY AVE N BROOKLYN CENTER MN 55429 -1265 100638420803 CHRISTIAN BANINI S Y 339.52 30.00 369.52 2811921430090 5325 70TH CIR BROOKLYN CENTER MN 55429 -1234 100638420803 EUREAKA BANINI 2 Y 2811921430090 5325 70TH CIRCLE BROOKLYN CENTER MN 55429 100638440604 ANGELIQUE FLEMONS S Y 277.51 30.00 307.51 2811921430092 5313 70TH CIR BROOKLYN CENTER MN 55429 -1234 100638910802 CLARENCE BLACKMAN S Y 245.27 30.00 275.27 2811921430139 7069 UNITY AVE N BROOKLYN CENTER MN 55429 -1264 100639030404 PRASERTH VANG S Y 207.59 30.00 237.59 2811921430153 5427 71ST CIR BROOKLYN CENTER MN 55429 -1241 CURRENT CERIQATION REPORT • 10 -MAR-2003 (12:13)�age 4 of 35 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN AbMIN- CHARGE ASSESStD -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 100639120303 LULA HENDERSON S Y 232.21 30.00 262.21 2811921430162 5333 71ST CIR BROOKLYN CENTER MN 55429 -1239 100639120303 LULA HENDERSON 0 Y 2811921430162 1581 SIBLING ST MEMPHIS TN 38111 -6327 100639480112 SHARRON STRAND S Y 219.58 30.00 249.58 2811921420044 5447 72ND CIR BROOKLYN CENTER MN 55429 -1246 100639820807 AARON BAER S Y 94.85 30.00 124.85 2811921420078 5428 72ND CIR BROOKLYN CENTER MN 55429 -1245 100640040005 DEBBIE ONAFOWOKAN S Y 274.48 30.00 304.48 2811921420100 7205 UNITY AVE N BROOKLYN CENTER MN 55429 -1277 100787000705 DUANE CATTLEDGE S Y 232.44 30.00 262.44 3411921120046 6807 DREW AVE N BROOKLYN CENTER MN 55429 -1877 100798000402 CHERYL L HENDERSON S Y 244.87 30.00 274.87 3411921120021 6706 DREW AVE N BROOKLYN CENTER MN 55429 -1876 100801000905 FELTON SIMPSON S Y 281.73 30.00 311.73 3411921120018 6724 DREW AVE N BROOKLYN CENTER MN 55429 -1876 100814000401 SANDRA WRIGHT S Y 117.54 30.00 147.54 3411921110043 6837 BEARD AVE N BROOKLYN CENTER MN 55429 -4212 100837000702 HARRY FORD S Y 255.31 30.00 285.31 3411921140019 3119 67TH AVE N BROOKLYN CENTER MN 55429 -1821 100926000904 BRAD EMHOLTZ S Y 270.36 30.00 300.36 3411921110064 3106 68TH AVE N BROOKLYN CENTER MN 55429 -4217 101023000902 STANLEY LEINO S Y 279.29 30.00 309.29 2711921420025 7118 FRANCE AVE N BROOKLYN CENTER MN 55429 -1446 101047000102 ANNA THOMAS S Y 411.83 30.00 441.83 2711921430032 7012 EWING AVE N BROOKLYN CENTER MN 55429 -1440 CURRENT CERTIFICATION REPORT 10 -MAR -2003 (12:13) page 5 of 35 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 101054000103 DEBRA GROVE S Y 238.08 30.00 268.08 2711921420012 7051 DREW AVE N BROOKLYN CENTER MN 55429 -1435 101056000904 TIMOTHY J GRAHAM S Y 228.42 30.00 258.42 2711921430014 7037 DREW AVE N BROOKLYN CENTER MN 55429 -1435 101056000904 TIMOTHY J GRAHAM B Y 2711921430014 PO BOX 29844 BROOKLYN CENTER MN 55429 -0844 101061000205 JAMES VICKROY S Y 185.85 30.00 215.85 2711921430019 7007 DREW AVE N BROOKLYN CENTER MN 55429 -1435 101062000107 JULIA GREENFIELD S Y 92.90 30.00 122.90 2711921430020 7001 DREW AVE N BROOKLYN CENTER MN 55429 -1435 101063000002 ISAIAH HOLMAN S Y 265.02 30.00 295.02 2711921430021 6943 DREW AVE N BROOKLYN CENTER MN 55429 -1433 101068000502 DONALD WATZKE S Y 118.19 30.00 148.19 2711921430009 6942 DREW AVE N BROOKLYN CENTER MN 55429 -1434 101096000103 PATRICK D RASE S Y 104.51 30.00 134.51 2711921430089 7019 PALMER LAKE DR W BROOKLYN CENTER MN 55429 -4203 101108000702 ERICK EDSTROM S Y 272.16 30.00 302.16 2711921420122 3616 VIOLET AVE BROOKLYN CENTER MN 55429 -1467 _ 101117000603 DAVE KRAUSE S Y 218.10 30.00 248.10 2711921420099 3724 VIOLET AVE BROOKLYN CENTER MN 55429 -1469 101126000503 MARY ROBECK S Y 260.46 30.00 290.46 2711921420090 3713 72ND AVE N BROOKLYN CENTER MN 55429 -1415 101139000002 MICHAEL BELFREY S Y 120.14 30.00 150.14 2711921410015 3407 72ND AVE N BROOKLYN CENTER MN 55429 -1409 101139000002 GERALDINE MOORE C Y 2711921410015 3407 72ND AVE N BROOKLYN CENTER MN 55429 -1409 CURRENT CER*ATION REPORT • 10 -MAR -2003 (12:13)oage 6 of 35 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGR ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 101226000402 JAMES KOCUR S Y 238.57 30.00 268.57 2711921310051 7131 FRANCE AVE N BROOKLYN CENTER MN 55429 -1445 101274000503 MARLA G. OBEREMBT S Y 333.41 30.00 363.41 2711921310011 7212 GRIMES AVE N BROOKLYN CENTER MN 55429 -1456 101284000302 JAMES EDWARDS S Y 244.79 30.00 274.79 2711921310021 7219 GRIMES AVE N BROOKLYN CENTER MN 55429 -1455 101284000302 ROBYN EDWARDS 2 Y 2711921310021 7219 GRIMES AVE N BROOKLYN CENTER MN 55429 -1455 101330000704 LISA JOHNSON S Y 200.71 30.00 230.71 2711921310042 7106 HALIFAX AVE N BROOKLYN CENTER MN 55429 -1356 101361000903 ROLAND FLOMO S Y 289.89 30.00 319.89 2711921310099 4106 71ST AVE N BROOKLYN CENTER MN 55429 -1305 101419000102 THEODORE L BROWN S Y 234.92 30.00 264.92 2711921340009 4101 70TH AVE N BROOKLYN CENTER MN 55429 -1301 101466000304 KIMBERLY PERKINS S Y 277.78 30.00 307.78 2711921320052 7236 NOBLE AVE N BROOKLYN CENTER MN 55429 -1221 101478000902 TALATA BAYSAH S Y 387.90 30.00 417.90 2811921410140 4706 WINGARD LA BROOKLYN CENTER MN 55429 -1231 101552000803 BRETT CORBITT S Y 233.33 30.00 263.33 2711921320093 7130 KYLE AVE N BROOKLYN CENTER MN 55429 -1328 101633170204 DANIEL ELIASON S Y 101.50 30.00 131.50 3511921230068 6605 XERXES PL N BROOKLYN CENTER MN 55430 -1761 101634130505 NEW RESIDENT S Y 112.18 30.00 142.18 3511921230056 6661 XERXES PL N BROOKLYN CENTER MN 55430 -1715 211021000805 MARK BATTLES S Y 226.52 30.00 256.52 2611921420108 7236 PENN AVE N BROOKLYN CENTER MN 55430 -1051 CURRENT CERTIFICATION REPORT 10 -MAR -2003 (12:13) page 7 of 35 ACCOUNT - NUMBER NAME/ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 211023000602 YOLANDA SMITH S Y 228.13 30.00 258.13 2611921420099 7243 OLIVER AVE N BROOKLYN CENTER MN 55430 -1049 211024000503 LEROYCE WALKERFIELDS S Y 215.73 30.00 245.73 2611921420100 7237 OLIVER AVE N BROOKLYN CENTER MN 55430 -1049 211045000001 ALLAN THIELEN S Y 277.13 30.00 307.13 2611921430094 7028 OLIVER AVE N BROOKLYN CENTER MN 55430 -1053 211059000302 GENARO VASQUEZ S Y 256.43 30.00 286.43 2611921430105 6900 OLIVER AVE N BROOKLYN CENTER MN 55430 -1045 211065000503 THERESA YURECKO S Y 282.17 30.00 312.17 2611921430025 6931 NEWTON AVE N BROOKLYN CENTER MN 55430 -1036 211073000501 CLARENCE RUDQUIST S Y 154.94 30.00 184.94 2611921430082 7007 NEWTON AVE N BROOKLYN CENTER MN 55430 -1038 211074000403 EDWARD DOLL S Y 72.08 30.00 102.08 2611921430081 7013 NEWTON AVE N BROOKLYN CENTER MN -55430 -1038 211101000106 ZOE MIQUELI S N 222.93 30.00 252.93 2611921420061 7200 NEWTON AVE N BROOKLYN CENTER MN 55430 -1043 211106000607 MARK ROTTACH S Y 392.71 30.00 422.71 2611921420048 7124 NEWTON AVE N BROOKLYN CENTER MN 55430 -1041 211106000607 BARBARA ROTTACH 2 Y 2611921420048 7124 NEWTON AVE N BROOKLYN CENTER MN 55430 211110000002 CATHERINE VINCENT S Y 240.34 30.00 270.34 2611921420044 2006 71ST AVE N BROOKLYN CENTER MN 55430 -1006 211120000810 MARANDA CLARK S Y 214.90 30.00 244.90 2611921430024 6930 NEWTON AVE N BROOKLYN CENTER MN 55430 -1037 211157000403 KATHY ROSS S Y 333.22 30.00 363.22 2611921420053 7243 MORGAN AVE N BROOKLYN CENTER MN 55430 -1034 CURRENT CEROATION REPORT • 10- MAR -2003 (12:13) page 8 of 35 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 211198000501 JOHN L WEBB S Y 202.44 30.00 232.44 2611921430046 7001 LOGAN AVE N BROOKLYN CENTER MN 55430 -1022 211204000703 JUDY RICE S N 378.41 30.00 408.41 2611921430040 7037 LOGAN AVE N BROOKLYN CENTER MN 55430 -1022 211204000703 TRACY RICE 0 Y 2611921430040 P O BOX 2557 BAXTER MN 56425 -2557 211206000501 THOMAS GUMINGA S Y 293.52 30.00 323.52 2611921420024 7107 LOGAN AVE N BROOKLYN CENTER MN 55430 -1024 211210000903 LANCE COOPER S Y 340.69 30.00 370.69 2611921420020 7131 LOGAN AVE N BROOKLYN CENTER MN 55430 -1024 211211000802 MICHAEL BROLSMA S Y 212.53 30.00 242.53 2611921420019 7137 LOGAN AVE N BROOKLYN CENTER MN 55430 -1024 211289000507 RESIDENT S N 270.04 30.00 300.04 3511921110033 1513 HUMBOLDT PL N BROOKLYN CENTER MN 55430 -1714 211289000507 DAYSTAR INVESTMENTS B Y 3511921110033 1609 #315 WEST CTY RD 42 BURNSVILLE MN 55306 211289010408 DAYSTAR INV CO S N 326.07 30.00 356.07 3511921110032 1519 HUMBOLDT PL N BROOKLYN CENTER MN 55430 -1714 211289010408 DAYSTAR INV CO B Y 3511921110032 1609 #315 WEST CTY RD 42 BURNSVILLE MN 55306 211290010106 REBEKAH L CROSS S N 240.08 30.00 270.08 3511921110028 1549 HUMBOLDT PL N BROOKLYN CENTER MN 55430 -1714 211290010106 DSYSTAR INVESTMENTS B Y 3511921110028 1609 #315 WEST CTY RD 42 BURNSVILLE MN 55306 211290020005 RESIDENT S N 330.51 30.00 360.51 3511921110027 1543 HUMBOLDT PL N BROOKLYN CENTER MN 55430 -1714 CURRENT CERTIFICATION REPORT 10 -MAR -2003 (12:13) page 9 of 35 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 211290020005 MORNINGSUN INVESTMEN TS B Y 330.51 30.00 360.51 3511921110027 1609 #315 WEST CTY RD 42 BURNSVILLE MN 55306 211290030905 JONATHAN SHEARER S N 193.91 30.00 223.91 3511921110026 1537 HUMBOLDT PL N BROOKLYN CENTER MN 55430 -1714 211290030905 MORNING SUN INVESTME NTS B Y 3511921110026 1609 #315 WEST CTY RD 42 BURNSVILLE MN 55306 211291000107 SHIRLEY COLE S N 327.73 30.00 357.73 3511921110031 1525 HUMBOLDT PL N BROOKLYN CENTER MN 55430 -1714 211291000107 MORNING SUN INVESTME NTS B Y 3511921110031 1609 #315 WEST CTY RD 42 BURNSVILLE MN 55306 211291010006 JEROME BOGAR S N 244.82 30.00 274.82 3511921110030 1531 HUMBOLDT PL N BROOKLYN CENTER MN 55430 -1714 211291010006 MORNING SUN INVESTME NTS B Y 3511921110030 1609 #315 WEST CTY RD 42 BURNSVILLE MN 55306 211297000501 ANN CAFFERTY S Y 79.63 30.00 109.63 2611921440039 1701 70TH AVE N BROOKLYN CENTER MN 55430 -1117 211309000101 DEBBIE LARSON S Y 524.47 30.00 554.47 2611921440033 7031 JAMES AVE N BROOKLYN CENTER MN 55430 -1161 211309000101 MRS. FRANK GREGORY 0 Y 2611921440033 7031 JAMES AVE N BROOKLYN CENTER MN 55430 -1161 211330000401 GALE ANDERSON S Y 256.23 30.00 286.23 2611921440063 7025 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -1152 211402000704 PAUL CAVALLARO S Y 353.93 30.00 383.93 2611921440021 7013 KNOX AVE N BROOKLYN CENTER MN 55430 -1015 211436000702 LES OSTRANDER S Y 92.90 30.00 122.90 2611921410093 1613 73RD AVE N BROOKLYN CENTER MN 55444 -2452 I I CURRENT CEROATION REPORT • 10 -NEAR -2003 (12:13) Oge 10 of 35 ACCOUNT - NUMBER NAME /ADDRESS- ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 211440000107 SHARON MURPHY S Y 196.44 30.00 226.44 2611921410105 7236 KNOX AVE N BROOKLYN CENTER MN 55430 -1019 211440000107 MICHAEL HARRIS C Y 2611921410105 7236 KNOX AVE N BROOKLYN CENTER MN 55430 211457000106 JASON PITTS S Y 293.42 30.00 323.42 2611921410060 1619 WOODBINE LA BROOKLYN CENTER MN 55430 -1062 211478000602 CHARLES HOTT S Y 419.44 30.00 449.44 2611921410039 1701 72ND AVE N BROOKLYN CENTER MN 55430 -1058 212006000503 WILLIAM CORWIN S Y 154.41 30.00 184.41 2511921320056 7212 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -1157 212065000303 ERIC HAINEY S Y 229.85 30.00 259.85 2511921320017 1401 73RD AVE N BROOKLYN CENTER MN 55444 -2657 212082000202 HELEN LEWIS S Y 227.59 30.00 257.59 2511921320050 7112 GIRARD AVE N BROOKLYN CENTER MN 55430 -1147 212091000107 DAVID THOMPSON S Y 108.82 30.00 138.82 2511921330067 7006 GIRARD AVE N BROOKLYN CENTER MN 55430 -1145 212115000304 EDWINA MCGILL S Y 64.08 30.00 94.08 2511921330059 7037 FREMONT AVE N BROOKLYN CENTER MN 55430 -1138 212121000508 BRENDA ROBERTS S Y 181.91 30.00 211.91 2511921320043 1301 72ND AVE N BROOKLYN CENTER MN 55430 -1122 212127000902 STEPHEN R GANDSEY S Y 202.98 30.00 232.98 2511921320012 7229 FREMONT AVE N BROOKLYN CENTER MN 55430 -1142 212129000702 GARALD SCHAKE S Y 229.38 30.00 259.38 2511921320011 7241 FREMONT AVE N BROOKLYN CENTER MN 55430 -1142 212140000203 GREG LARSON S Y 222.43 30.00 252.43 2511921320087 7136 FREMONT AVE N BROOKLYN CENTER MN 55430 -1141 CURRENT CERTIFICATION REPORT 10 -MAR -2003 (12:13) page 11 of 35 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN - CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 212154000506 HOWARD CALVIN S Y 293.14 30.00 323.14 2511921330035 7006 FREMONT AVE N BROOKLYN CENTER MN 55430 -1139 212154000506 MARY CALVIN 2 Y 2511921330035 7006 FREMONT AVE N BROOKLYN CENTER MN 55430 -1139 212165000206 DAVID FIEDLER S Y 294.40 30.00 324.40 2511921320088 7049 EMERSON AVE N BROOKLYN CENTER MN 55430 -1106 212193000804 NANCY BOYCE S Y 228.22 30.00 258.22 2511921320093 7048 EMERSON AVE N BROOKLYN CENTER MN 55430 -1107 212228000702 ROBERT JANSEN S Y 229.28 30.00 259.28 2511921320104 7201 DUPONT AVE N BROOKLYN CENTER MN 55430 -1215 212246010404 STEPHEN DUBOIS S N 238.11 30.00 268.11 2511921310095 1013 73RD AVE N BROOKLYN CENTER MN 55444 -2650 212246010404 STEPHEN DUBOIS B Y 2511921310095 102 2 1ST ST NE GLENWOOD MN 56334 -1201 212246010404 STEPHEN DUBOIS B Y 2511921310095 1622 FILLMORE ST NE MINNEAPOLIS MN 55413 -1614 212246010404 STEPHEN DUBOIS B Y 2511921310095 8742 NORWAY ST NW MINNEAPOLIS MN 55433 -8027 212268000803 DONALD R HEATH S Y 233.90 30.00 263.90 2511921310011 824 WOODBINE LA BROOKLYN CENTER MN 55430 -1220 212275000903 LEANDER ROBERTS S Y 126.78 30.00 156.78 2511921310017 1012 WOODBINE LA BROOKLYN CENTER MN 55430 -1224 212279000506 DORIS JEFFERSON S Y 129.69 30.00 159.69 2511921310045 7243 BRYANT AVE N BROOKLYN CENTER MN 55430 -1208 212293000704 DAVID BERHANU S Y 127.57 30.00 157.57 2511921310084 7211 CAMDEN AVE N BROOKLYN CENTER MN 55430 -1228 CURRENT CERT�ATION REPORT • 10 -MAR -2003 (12:x.3) age 12 of 35 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 212293000704 EBASSA BERHANU 2 Y 127.57 30.00 157.57 2511921310084 7211 CAMDEN AVE N BROOKLYN CENTER MN 55430 -1228 212350000703 CAROLYN ERICKSON S N 104.56 30.00 134.56 2511921340014 877 70TH AVE N BROOKLYN CENTER MN 55430 -1251 212350000703 S RICHARD SILVERNESS 0 Y 2511921340014 8316 NORTHWOOD PKWY NEW HOPE MN 55427 -1657 215003000104 SHAHEEM HAUSER S Y 371.31 30.00 401.31 2511921430039 6926 WEST RIVER RD BROOKLYN CENTER MN 55430 -1328 215062000902 YER YANG S Y 319.78 30.00 349.78 2511921420011 7208 DALLAS RD BROOKLYN CENTER MN 55430 -1316 215079000002 MARK WENDT S Y 264.56 30.00 294.56 2511921410013 7201 RIVERDALE RD BROOKLYN CENTER MN 55430 -1319 215641000906 CHARLES PERRO S N 136.97 30.00 166.97 3611921130026 419 67TH AVE N BROOKLYN CENTER MN 55430 -1613 215641000906 CHARLES PERRO F Y 3611921130026 23085 IVYWOOD ST ST FRANCIS MN 55070 215641000906 LUCAS J WILHELMI C Y 3611921130026 419 67TH AVE N BROOKLYN CENTER MN 55430 215670070603 FOLKE BAXTER S Y 237.70 30.00 267.70 3611921130092 6630 CAMDEN DR BROOKLYN CENTER MN 55430 -1631 215671090304 MOHAMED JALLOH S Y 247.67 30.00 277.67 3611921130103 6605 CAMDEN DR BROOKLYN CENTER MN 55430 -1630 215678000503 ROBERT KENNEDY S Y 259.93 30.00 289.93 3611921120056 6721 5TH ST N BROOKLYN CENTER MN 55430 -1602 215776000606 LESLIE WILLIAMS S Y 290.18 30.00 320.18 3611921210041 6712 COLFAX AVE N BROOKLYN CENTER MN 55430 -1516 CURRENT CERTIFICATION REPORT 10 -MAR -2003 (12:13) page 13 of 35 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 215799000902 JOHN ODEGAARD S Y 241.48 30.00 271.48 3611921210114 811 69TH AVE N BROOKLYN CENTER MN 55430 -1623 215820000202 KATHY WILLIAMS S Y 118.61 30.00 148.61 3611921240013 811 67TH AVE N BROOKLYN CENTER MN 55430 -1652 215906000905 ERICK STEWART S Y 220.51 30.00 250.51 3611921210049 6713 COLFAX AVE N BROOKLYN CENTER MN 55430 -1515 215913000006 JOVETTE HANKINS S Y 335.54 30.00 365.54 3611921210116 6811 COLFAX AVE N BROOKLYN CENTER MN 55430 -1517 215921000002 ZAKARIA ADEM S Y 238.93 30.00 268.93 3611921210065 6830 DUPONT AVE N BROOKLYN CENTER MN 55430 -1522 215923000807 THEODORE D SAKARIASON S Y 289.33 30.00 319.33 3611921210063 6818 DUPONT AVE N BROOKLYN CENTER MN 55430 -1522 215930000904 DOUGLAS MOORE S Y 178.04 30.00 208.04 3611921210056 6724 DUPONT AVE N BROOKLYN CENTER MN 55430 -1520 215976000407 SALIMATU BUTLER S Y 290.05 30.00 320.05 3611921220022 6818 EMERSON AVE N BROOKLYN CENTER MN 55430 -1526 216009000302 JOHN SOLOMON S Y 418.22 30.00 448.22 3611921220031 6819 EMERSON AVE N BROOKLYN CENTER MN 55430 -1525 216011000903 JESTIN STEINBACH S Y 110.09 30.00 140.09 3611921220029 6831 EMERSON AVE N BROOKLYN CENTER MN 55430 -1525 216017100105 LUANNE ANDERSON S Y 278.93 30.00 308.93 3611921220119 133967TH LN N BROOKLYN CENTER MN 55430 -1587 216018190109 SONDRA MAYES S N 335.61 30.00 365.61 3611921220059 1316 68TH LN N BROOKLYN CENTER MN 55430 -1584 216018190109 VALERIE BLOUNT - MCKISSACK B Y 3611921220059 3617 DOUGLAS DR CRYSTAL MN 55422 -1928 CURRENT CER0ATION REPORT • 10 -MA,R -2003 (12:13) *9e 14 of 35 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID 216019100903 TANYA STUBBLEFIELD S N 241.68 30.00 271.68 3611921220077 6804 FREMONT PL N BROOKLYN CENTER MN 55430 -1590 216019100903 DWIGHT BUCKMEIR B Y 3611921220077 7708 KENTUCKY AVE NO BROOKLYN PARK MN 55445 -2746 216024000405 MORNINGSUN INV S N 307.35 30.00 337.35 3511921110018 6749 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -1533 216024000405 MORNINGSUN INV B Y 3511921110018 1609 #315 WEST CTY RD 42 BURNSVILLE MN 55306 216024010304 KWI HA -WANG S N 247.91 30.00 277.91 3511921110017 6753 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -1533 216024010304 KWI HA WONG 0 Y 3511921110017 17799 KENWOOD TRAIL LAKEVILLE MN 55044 -9493 216024010304 KWI HA -WANG B Y 3511921110017 1609 #315 WEST CTY RD 42 BURNSVILLE MN 55306 216024020203 MORNINGSUN INVEST. S N 245.73 30.00 275.73 3511921110020 6761 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -1533 216024020203 MORNINGSUN INVEST. B Y 3511921110020 1609 #315 WEST CTY RD 42 BURNSVILLE MN 55306 216025010207 MORNINGSUN INV. S N 262.94 30.00 292.94 3511921110022 6765 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -1533 216025010207 MORNINGSUN INV. B Y 3511921110022 1609 315 WEST ST CTY RD 42 BURNSVILLE MN 55306 216025030003 OCCUPANT /RESIDENT S N 264.62 30.00 294.62 3511921110023 6773 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -1533 216025030003 MORNINGSUN INVESTMEN TS B Y 3511921110023 1609 #315 WEST CTY RD 42 BURNSVILLE MN 55306 CURRENT CERTIFICATION REPORT 10- MAR -2003 (12:13) page 15 of 35 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 216101000002 TIMOTHY FRANKLIN S Y 265.32 30.00 295.32 3611921210079 6718 BRYANT AVE N BROOKLYN CENTER MN 55430 -1512 216122000504 JUANITA HILL S Y 445.34 30.00 475.34 3611921210100 6719 CAMDEN AVE N BROOKLYN CENTER MN 55430 -1628 301723000802 SUSAN PODGORAK S Y 311.49 30.00 341.49 3311921430070 5212 62ND AVE N BROOKLYN CENTER MN 55429 -2360 301786000204 JOSE PATINO S Y 113.14 30.00 143.14 3311921440050 6236 REGENT AVE N BROOKLYN CENTER MN 55429 -2354 301800000403 KENNETH R LUKE S Y 90.70 30.00 120.70 3311921440033 6113 QUAIL AVE N BROOKLYN CENTER MN 55429 -2347 301819000304 CURTIS TALLMAN S Y 91.58 30.00 121.58 3311921440018 6124 QUAIL AVE N BROOKLYN CENTER MN 55429 -2348 301838000002 EXODUS COMM DEV CORP S Y 1245.70 30.00 1275.70 3311921440010 4801 63RD AVE N BROOKLYN CENTER MN 55429 -2339 301838000002 EXODUS COMM DEV CORP B Y 3311921440010 3644 CHICAGO AVE S MPLS MN 55407 -2604 301862000902 KATIE HUGHES S Y 203.24 30.00 233.24 3311921430039 6125 SCOTT AVE N BROOKLYN CENTER MN 55429 -2355 301886000102 DONNA JUNGERS S Y 250.09 30.00 280.09 3311921130079 6523 UNITY AVE N BROOKLYN CENTER MN 55429 -2076 301897000802 JEFFREY TONE S Y 194.07 30.00 224.07 3311921130068 5300 HOWE LA BROOKLYN CENTER MN 55429 -1632 301905000802 CHARLES R TURNER S Y 198.67 30.00 228.67 3311921130060 5124 HOWE LA BROOKLYN CENTER MN 55429 -1628 301977000102 JODI SMITH S Y 253.92 30.00 283.92 3311921130004 5125 66TH AVE N BROOKLYN CENTER MN 55429 -1615 CURRENT CER'1QATION REPORT 10 -MAR -2003 (12:13) • e 16 of 35 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID -------------------------------------------------------------- 301987000903 JED RANCOUR S Y 250.58 30.00 280.58 3311921130014 6524 UNITY AVE N - BROOKLYN CENTER MN 55429 -2075 302010000802 PAUL MCCORMICK S Y 199.75 30.00 229.75 3311921130031 5119 WINCHESTER LA BROOKLYN CENTER MN 55429 -1640 302020000602 DANIEL ARNDT S Y 212.33 30.00 242.33 3311921130041 5307 WINCHESTER LA BROOKLYN CENTER MN 55429 -1644 302026000002 MRS TIM ASLESON S Y 232.65 30.00 262.65 3311921130047 5224 65TH AVE N BROOKLYN CENTER MN 55429 -2013 302096000506 SHARON EL -AMIN S N 50.79 30.00 80.79 3311921410127 6437 QUAIL AVE N BROOKLYN CENTER MN 55429 -2067 302096000506 SHARON EL -AMIN F Y 3311921410127 4816 91ST CRESCENT BROOKLY PARK MN 55443 302096000506 AARON STEBER C Y 3311921410127 6437 QUAIL AVE N BROOKLYN CENTER MN 55429 302103000602 KENNETH PETRIE S Y 217.89 30.00 247.89 3311921410120 6345 QUAIL AVE N BROOKLYN CENTER MN 55429 -2065 302188000403 BEVERLY KILLEBREW S Y 286.69 30.00 316.69 3311921420079 5318 ELEANOR LA BROOKLYN CENTER MN 55429 -2023 302210000606 NORA S JONES - HARRIGAN S Y 104.64 30.00 134.64 3311921420106 5201 ELEANOR LA BROOKLYN CENTER MN 55429 -2020 302295000403 JON L HUDLOW S Y 229.70 30.00 259.70 3411921320019 6431 MAJOR AVE N BROOKLYN CENTER MN 55429 -2134 302300000702 JAMES CAPLES S Y 180.86 30.00 210.86 3411921320024 6401 MAJOR AVE N BROOKLYN CENTER MN 55429 -2134 302310000504 CINDY LANDE S Y 133.62 30.00 163.62 3411921320012 6412 MAJOR AVE N BROOKLYN CENTER MN 55429 -2135 CURRENT CERTIFICATION REPORT 10 -MAR -2003 (12:13) page 17 of 35 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 302312000305 CHARLES HARGROVE S Y 336.09 30.00 366.09 3411921320014 6424 MAJOR AVE N BROOKLYN CENTER MN 55429 -2135 302312000305 ROSA HARGROVE 2 Y 3411921320014 6424 MAJOR AVE N BROOKLYN CENTER MN 55429 -2135 302322000102 JOSEPH SCHORN S Y 325.17 30.00 355.17 3411921320008 6401 LEE AVE N BROOKLYN CENTER MN 55429 -2132 302334000702 MORTON J COBB S Y 104.69 30.00 134.69 3311921410029 4706 63RD AVE N BROOKLYN CENTER MN 55429 -2338 302349000003 LINDA JACKSON S Y 274.18 30.00 304.18 3411921330071 6212 NOBLE AVE N BROOKLYN CENTER MN 55429 -2484 302422000004 RANDAL GEROLD S Y 97.82 30.00 127.82 3411921330047 6231 LEE AVE N BROOKLYN CENTER MN 55429 -2477 302429000302 MOLINNA PHOMPHACKDY S Y 273.00 30.00 303.00 3411921330054 6137 LEE AVE N BROOKLYN CENTER MN 55429 -2475 302562000002 J K CARROLL S Y 99.00 30.00 129.00 3411921320118 6412 LEE AVE N BROOKLYN CENTER MN 55429 -2133 302562000002 JERALDINE K CARROLL O Y 3411921320118 5113 WINCHESTER BROOKYN CENTER MN 55429 -1640 302581000705 GILFORD SUNDEEN S Y 90.70 30.00 120.70 3411921320081 6313 KYLE AVE N BROOKLYN CENTER MN 55429 -2128 302678000103 R J COFER S Y 102.44 30.00 132.44 0311821210105 3818 61ST AVE N BROOKLYN CENTER MN 55429 -2402 302678000103 PAUL M RODGERS 2 Y 0311821210105 3818 61ST AVE N BROOKLYN CENTER MN 55429 -2402 302719000206 GABRIEL SAYEE S Y 201.91 30.00 231.91 3411921340017 6121 FRANCE AVE N BROOKLYN CENTER MN 55429 -4042 II CURRENT CER*ATION REPORT • 10- MAR -2003 (12:13) 9ge 18 of 35 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED-AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 302752000006 ROBERT JOHNSON S Y 114.65 30.00 144.65 3411921340056 3806 62ND AVE N BROOKLYN CENTER MN 55429 -4022 302802000002 ROBERT BOLDEN S Y 318.64 30.00 348.64 3411921340115 4201 63RD AVE N BROOKLYN CENTER MN 55429 -2144 302802000002 NAOMI LAWSON B Y 3411921340115 4201 63RD AVE N BROOKLYN CENTER MN 55429 -2144 302804000805 DIANA HUNTER S Y 224.74 30.00 254.74 3411921340113 4213 63RD AVE N BROOKLYN CENTER MN 55429 -2144 302804000805 CLINTON LUGERT 0 Y 3411921340113 33621 ANDERSON CT CROSSLAKE MN 56442 -2727 302822000601 WILLIAM TAMBLYN S Y 72.13 30.00 102.13 3411921310032 4201 65TH AVE N BROOKLYN CENTER MN 55429 -2106 302838000805 PENNY BUCK S N 132.78 30.00 162.78 3411921310100 6300 INDIANA AVE N BROOKLYN CENTER MN 55429 -2121 302838000805 MARVIN CLARK B Y 3411921310100 1515 ASH CANON CITY CO 81212 -4501 302842000203 BRUCE DEARMON S Y 206.93 30.00 236.93 3411921310096 6324 INDIANA AVE N BROOKLYN CENTER MN 55429 -2121 302880000502 ARISTOTL TRINITY S Y 382.13 30.00 412.13 3411921230063 4318 65TH AVE N BROOKLYN CENTER MN 55429 -2108 302880000502 YOLANDA TRINITY 2 Y 3411921230063 4318 65TH AVE N BROOKLYN CENTER MN 55429 -2108 302886000902 VICKIE WHALEY S Y 249.17 30.00 279.17 3411921230081 4506 65TH AVE N BROOKLYN CENTER MN 55429 -2112 302887000804 CHARITY ROBINSON S Y 245.05 30.00 275.05 3411921230080 4512 65TH AVE N BROOKLYN CENTER MN 55429 -2112 CURRENT CERTIFICATION REPORT 10 -MAR -2003 (12:13) page 19 of 35 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 302887000804 MYRON ROBINSON 2 Y 245.05 30.00 275.05 3411921230080 4512 65TH AVE N BROOKLYN CENTER MN 55429 -2112 302888000703 ERNEST M ANYANWU S Y 188.24 30.00 218.24 3411921230079 4518 65TH AVE N BROOKLYN CENTER MN 55429 -2112 302888000703 BLESSING U ANYANWU 2 Y 3411921230079 4518 65TH AVE N BROOKLYN CENTER MN 55429 -2112 302902000904 JEAN SAWYER S Y 95.79 30.00 125.79 3311921140003 6536 ORCHARD AVE N BROOKLYN CENTER MN 55429 -1647 302918000102 MARK HENKELS S Y 112.28 30.00 142.28 3411921230054 4319 WINCHESTER LA BROOKLYN CENTER MN 55429 -1721 302934000101 ROBERT BUSHEY S Y 90.59 30.00 120.59 3411921240038 4218 WINCHESTER LA BROOKLYN CENTER MN 55429 -1720 302943000002 HECTOR J ALVARADO S Y 314.06 30.00 344.06 3411921230034 4500 WINCHESTER LA BROOKLYN CENTER MN 55429 -1726 302943000002 MARGARITA CONTRERAS 2 Y 3411921230034 4500 WINCHESTER LA BROOKLYN CENTER MN 55429 -1726 303059000802 WALLACE H AMSLER JR S Y 269.52 30.00 299.52 3411921130021 3608 66TH AVE N BROOKLYN CENTER MN 55429 -1800 303118000706 JANIS SALO S Y 278.37 30.00 308.37 3411921130060 6543 BEARD AVE N BROOKLYN CENTER MN 55429 -1827 303144000504 EDITH ZEAH S Y 73.59 30.00 103.59 3411921310004 6349 HALIFAX DR BROOKLYN CENTER MN 55429 -2118 303172000006 ERIC DUPLESSIE S Y 205.45 30.00 235.45 3411921420008 6300 FRANCE AVE N BROOKLYN CENTER MN 55429 -2115 408668000802 JOEL MORRISSETTE S Y 224.36 30.00 254.36 0211821140017 5834 KNOX AVE N BROOKLYN CENTER MN 55430 -2650 CURRENT CER7.OATION REPORT • 10- MR -2003 (12:13) Oge 20 of 35 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 408669000703 DANIEL WILCOWSKI S Y 228.57 30.00 258.57 0211821140018 5840 KNOX AVE N BROOKLYN CENTER MN 55430 -2650 408669000703 LORI WILCOWSKI 2 Y 0211821140018 5840 KNOX AVE N BROOKLYN CENTER MN 55430 -2650 408694000603 WILLIAM STAGE S Y 266.42 30.00 296.42 0211821140050 5806 JAMES AVE N BROOKLYN CENTER MN 55430 -2648 408767000806 AHMED MOHAMUD S Y 336.27 30.00 366.27 0111821220087 6014 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -2640 408785000602 RAY WARREN S Y 250.73 30.00 280.73 0111821220073 6026 GIRARD AVE N BROOKLYN CENTER MN 55430 -2634 408792000704 SALENA HATCHER S Y 322.69 30.00 352.69 3611921330014 6120 LILAC DR N BROOKLYN CENTER MN 55430 -2239 408846000302 MYRTLE /ROBIN HALL S Y 206.64 30.00 236.64 0111821230034 5730 FREMONT AVE N BROOKLYN CENTER MN 55430 -2659 408919000502 JOSEPH MANLEY S Y 188.05 30.00 218.05 0111821230029 5743 EMERSON AVE N BROOKLYN CENTER MN 55430 -2656 408921000102 Y VANG /T YANG S Y 156.48 30.00 186.48 0111821230031 5731 EMERSON AVE N BROOKLYN CENTER MN 55430 -2656 408927000501 CURTIS G ANDERSON S Y 101.28 30.00 131.28 0111821230027 5706 EMERSON AVE N BROOKLYN CENTER MN 55430 -2657 408927000501 ED ANDERSON 2 Y 0111821230027 5706 EMERSON AVE N BROOKLYN CENTER MN 55430 -2657 408930000004 STEVE SANTO S Y 241.92 30.00 271.92 0111821230067 5730 EMERSON AVE N BROOKLYN CENTER MN 55430 -2657 408949000904 SHANNON GOODRICH S Y 276.39 30.00 306.39 0111821220039 6006 EMERSON AVE N BROOKLYN CENTER MN 55430 -2625 CURRENT CERTIFICATION REPORT 10 -MAR -2003 (12:13) page 21 of 35 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 408949000904 VICTOR GOODRICH 2 Y 276.39 30.00 306.39 0111821220039 6006 EMERSON AVE N BROOKLYN CENTER MN 55430 -2625 408957000802 CRANSTON ROLLINS S Y 275.26 30.00 305.26 3611921330026 6106 EMERSON AVE N BROOKLYN CENTER MN 55430 -2235 408963000005 LARRY SCHULTZ S Y 274.76 30.00 304.76 3611921330020 6125 DUPONT AVE N BROOKLYN CENTER MN 55430 -2227 408989000006 MELISSA TUMMEL S Y 206.53 30.00 236.53 0111821230096 5807 DUPONT AVE N BROOKLYN CENTER MN 55430 -2745 409002000104 JOSEPH SPINDLER S Y 215.38 30.00 245.38 0111821240055 5740 DUPONT AVE N BROOKLYN CENTER MN 55430 -2762 409002000104 DION PROPERTIES B Y 0111821240055 4088 TOLEDO AVE S ST LOUIS PARK MN 55416 -2903 409023000604 FRANK MOCK S Y 278.76 30.00 308.76 0111821210051 6012 DUPONT AVE N BROOKLYN CENTER MN 55430 -2750 409026000302 LARRY S PAGE S Y 239.57 30.00 269.57 0111821210048 6030 DUPONT AVE N BROOKLYN CENTER MN 55430 -2750 409061000904 ROGER LEAR S Y 135.47 30.00 165.47 0111821210016 6007 COLFAX AVE N BROOKLYN CENTER MN 55430 -2738 409073000503 DOUG FINSETH S Y 267.40 30.00 297.40 0111821240019 5841 COLFAX AVE N BROOKLYN CENTER MN 55430 -2734 409075000304 ALIMON HILL S N 79.86 30.00 109.86 0111821240021 5825 COLFAX AVE N BROOKLYN CENTER MN 55430 -2734 409075000304 BEULAH HILL 0 Y 0111821240021 3853 4TH AVE S MPLS MN 55409 -1309 409162000705 JOHN E KELLEY S Y 200.42 30.00 230.42 0111821240049 5759 BRYANT AVE N BROOKLYN CENTER MN 55430 -2757 CURRENT CER'1 *ATION REPORT • 10 -MAR -2003 (12:13) 09e 22 of 35 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID 409166000305 DAN SHINNICK S Y 145.70 30.00 175.70 0111821240061 5713 BRYANT AVE N BROOKLYN CENTER MN 55430 -2757 409176000101 JANET JOHNSON S Y 241.79 30.00 271.79 0111821240062 5700 BRYANT AVE N BROOKLYN CENTER MN 55430 -2758 409209000202 BILL KOLBE S Y 188.96 30.00 218.96 3611921340012 6114 BRYANT AVE N BROOKLYN CENTER MN 55430 -2215 409211000804 ROBERT LAYSON S Y 238.71 30.00 268.71 3611921340014 6130 BRYANT AVE N BROOKLYN CENTER MN 55430 -2215 409235000002 KRISTEN RYAN S Y 308.96 30.00 338.96 0111821210078 6043 ALDRICH AVE N BROOKLYN CENTER MN 55430 -2719 409255000503 PATRICK TYSON S Y 169.78 30.00 199.78 0111821240088 5829 ALDRICH AVE N BROOKLYN CENTER MN 55430 -2715 409255000503 KAREN TYSON 2 Y 0111821240088 5829 ALDRICH AVE N BROOKLYN CENTER MN 55430 -2715 409370000503 SEAN -PAUL HUMPHREY S Y 267.87 30.00 297.87 0111821120036 6006 CAMDEN AVE N BROOKLYN CENTER MN 55430 -2733 409383000001 CLAIR MATTSON S Y 122.75 30.00 152.75 3611921430033 515 62ND AVE N BROOKLYN CENTER MN 55430 -2205 409391000002 DEBBIE STEWART S Y 245.28 30.00 275.28 3611921430025 506 61ST AVE N BROOKLYN CENTER MN 55430 -2202 409428000702 ROSEMARY KRUSE S Y 324.07 30.00 354.07 0111821130044 5706 CAMDEN AVE N BROOKLYN CENTER MN 55430 -2728 409429000604 DAVID REYES S Y 209.09 30.00 239.09 0111821130045 5700 CAMDEN AVE N BROOKLYN CENTER MN 55430 -2728 409466000005 KELLY KNUTSON S Y 89.47 30.00 119.47 0111821240075 5827 CAMDEN AVE N BROOKLYN CENTER MN 55430 -2729 CURRENT CERTIFICATION REPORT 10 -MAR -2003 (12:13) page 23 of 35 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 409911000108 WUENSCH S Y 406.84 30.00 436.84 3611921320050 6400 GIRARD AVE N BROOKLYN CENTER MN 55430 -1836 409922000802 CHOSA S Y 204.57 30.00 234.57 3611921320034 6425 FREMONT AVE N BROOKLYN CENTER MN 55430 -1831 409953000002 STEVEN CUNNINGHAM S N 148.73 30.00 178.73 3611921320009 6337 EMERSON AVE N BROOKLYN CENTER MN 55430 -1825 409953000002 STEVEN CUNNINGHAM F Y 3611921320009 6337 EMERSON AVE NO BROOKLYN CENTER MN 55430 410015000401 GLADYS TERRY S Y 235.32 30.00 265.32 3611921310022 6435 BRYANT AVE N BROOKLYN CENTER MN 55430 -1802 410107000302 PATT A ROGICH S Y 78.05 30.00 108.05 3611921330070 1231 63RD LA N BROOKLYN CENTER MN 55430 -1864 410113000504 BONNIE JUDE S Y 88.50 30.00 118.50 3611921330076 1315 63RD LA N - BROOKLYN CENTER MN 55430 -1865 410127000904 LEROY KENNEDY III S Y 221.53 30.00 251.53 3611921330090 1421 63RD LA N BROOKLYN CENTER MN 55430 -1866 503223000404 RESIDENT S N 131.66 30.00 161.66 3411921140060 3125 66TH AVE N BROOKLYN CENTER MN 55429 -1803 503223000404 CHUE VANG B Y 3411921140060 4791 EAST MCKINLEY AVE FRESNO CA 93703 -3535 503234000105 DAVID GLAUVITZ S Y 240.80 30.00 270.80 3411921140071 3300 QUARLES RD BROOKLYN CENTER MN 55429 -2254 503249000403 ROBERT W STRAUCH S Y 300.05 30.00 330.05 3411921410126 3013 QUARLES RD BROOKLYN CENTER MN 55429 -2247 503249000403 LISA STRAUCH 2 Y 3411921410126 3013 QUARLES RD BROOKLYN CENTER MN 55429 -2247 I CURRENT CEROATION REPORT 10 -MAR -2003 (12:13) Oge 24 of 35 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN - CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 503271000501 WALTER S JEGELA S Y 241.84 30.00 271.84 3411921140029 3206 65TH AVE N BROOKLYN CENTER MN 55429 -2279 503271000501 GERTRUDE HAMERNICK 2 Y 3411921140029 3206 65TH AVE N BROOKLYN CENTER MN 55429 -2279 503274000204 PENNY HICKS S Y 218.55 30.00 248.55 3411921410102 3112 65TH AVE N BROOKLYN CENTER MN 55429 -2243 503300000002 SCOTT MCCONNEL S Y 124.61 30.00 154.61 3411921410032 3312 64TH AVE N BROOKLYN CENTER MN 55429 -2239 503305000503 JOSE C ROSARIO S N 86.78 30.00 116.78 3411921410027 3212 64TH AVE N BROOKLYN CENTER MN 55429 -2237 503305000503 JOSE C ROSARIO F Y 3411921410027 3212 64TH AVE NO BROOKLYN CENTER MN 55429 503305000503 DAVID EVANS 2 Y 3411921410027 3212 64TH AVE N BROOKLYN CENTER MN 55430 503305000503 PATRICK ROOTES C Y 3411921410027 3212 64TH AVE N BROOKLYN CENTER MN 55430 503314000408 SAO HANG S Y 123.36 30.00 153.36 3411921410018 3008 64TH AVE N BROOKLYN CENTER MN 55429 -2233 503350000904 JAMES GENADEK S N 279.93 30.00 309.93 3411921410080 6307 XERXES AVE N BROOKLYN CENTER MN 55430 -2049 503414000302 STEVEN NELSON S N 427.63 30.00 457.63 3511921320091 2801 OHENRY RD BROOKLYN CENTER MN 55430 -2041 503434000906 DALE CERNOHLAVEK S Y 249.58 30..00 279.58 3511921320082 2700 OHENRY RD BROOKLYN CENTER MN 55430 -2040 503445000606 CYNTHIA MEIER S Y 220.26 30.00 250.26 3511921320062 2801 64TH AVE N BROOKLYN CENTER MN 55430 -2010 CURRENT CERTIFICATION REPORT 10 -MAR -2003 (12:13) page 25 of 35 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 503476000804 ALEXANDER JAMES S Y 106.63 30.00 136.63 3511921320024 2701 65TH AVE N BROOKLYN CENTER MN 55430 -2016 503476000804 MARCALLINA JAMES 2 Y 3511921320024 2701 65TH AVE N BROOKLYN CENTER MN 55430 -2016 503490000001 HENRY R SCHWARTZ S Y 219.81 30.00 249.81 3511921320017 2906 65TH AVE N BROOKLYN CENTER MN 55430 -2021 503510010502 STEVEN VONSEG S Y 298.16 .30.00 328.16 3511921230005 2806 66TH AVE N BROOKLYN CENTER MN 55430 -1716 503510010502 SEENGBEUAN PHILAPHON 2 Y 3511921230005 2806 66TH AVE N BROOKLYN CENTER MN 55430 503548000206 AKIN DAVIS S Y 219.53 30.00 249.53 3411921440106 3109 LAWRENCE RD BROOKLYN CENTER MN 55429 -2633 503559000802 KENNETH CHRISTIANS S Y 260.85 30.00 290.85 3411921440118 3309 LAWRENCE RD BROOKLYN CENTER MN 55429 -2637 503577000605 RICK PETERSON S Y 272.05 30.00 302.05 3411921440078 3119 62ND AVE N BROOKLYN CENTER MN 55429 -2614 503591000805 ORETTA MOORE S Y 123.68 30.00 153.68 3411921430036 3507 62ND AVE N BROOKLYN CENTER MN 55429 -2622 503699000901 THELBERT WILKERSON S Y 321.90 30.00 351.90 3411921440006 3107 63RD AVE N BROOKLYN CENTER MN 55429 -2203 503728000404 MINERVA GRANT S Y 105.50 30.00 135.50 3411921430031 6206 BROOKLYN BLVD BROOKLYN CENTER MN 55429 -4034 503728000404 STANLEY J COOPER I 2 Y 3411921430031 5814 WHITWELL AVE KATY TX 77449 503728000404 ROSE M SANKAWULO 0 Y 3411921430031 5814 WHITWELL AVE KATY TX 77449 CURRENT CER*ATION REPORT • 10 -MAR -2003 (12:13) Oe 26 of 35 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESS2D -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 503741000704 LATONIA JOHNSON S Y 263.86 30.00 293.86 3511921330020 2807 63RD AVE N BROOKLYN CENTER MN 55430 -2002 503842000502 CHRISTOPHER P FAHEY S Y 505.46 30.00 535.46 0311821110014 3018 61ST AVE N BROOKLYN CENTER MN 55429 -2605 503842000502 JULIA A FAHEY 2 Y 0311821110014 3018 61ST AVE N BROOKLYN CENTER MN 55429 -2605 503867000506 KHADRA ABDULLE S Y 99.17 30.00 129.17 0211821220054 5942 VINCENT AVE N BROOKLYN CENTER MN 55430 -2304 503902000202 LERNELL D JAMES S Y 92.65 30.00 122.65 0211821230005 5836 WASHBURN AVE N BROOKLYN CENTER MN 55430 -2413 503934000404 DEB TALATALA S Y 245.97 30.00 275.97 0311821110117 5913 XERXES AVE N BROOKLYN CENTER MN 55430 -2311 503934000404 GENE TALATALA 2 Y 0311821110117 5913 XERXES AVE N BROOKLYN CENTER MN 55430 -2311 503940000602 TERESA KNIGHT S Y 267.92 30.00 297.92 0311821110111 5949 XERXES AVE N BROOKLYN CENTER MN 55430 -2311 503972000702 SPENCER KRUCHTEN S Y 415.22 30.00 445.22 0311821110093 5949 YORK AVE N BROOKLYN CENTER MN 55429 -2640 503972000702 SPENCER KRUCHTEN B Y 0311821110093 2348 JAMES AVE N MPLS MN 55411 -1959 504025000203 BRETT COMSTOCK S Y 227.34 30.00 257.34 0311821140012 5836 ABBOTT AVE N BROOKLYN CENTER MN 55429 -2625 504113000503 RAMONA TAYLOR S Y 325.13 30.00 355.13 0311821120084 6048 EWING AVE N BROOKLYN CENTER MN 55429 -2516 504172000302 SHARON MILLER S Y 135.36 30.00 165.36 0311821240081 3806 58TH AVE N BROOKLYN CENTER MN 55429 -3005 CURRENT CERTIFICATION REPORT 10 -MAR -2003 (12:13) page 27 of 35 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN - CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 504200000903 MARKLEY BRADLEY S Y 250.27 30.00 280.27 0311821210029 6030 HALIFAX PL BROOKLYN CENTER MN 55429 -2440 504216000104 SARAH ROCKMORE S Y 437.70 30.00 467.70 0311821210001 3801 COMMODORE DR BROOKLYN CENTER MN 55429 -2405 504265000105 CHRISTOPHER THOMAS S Y 245.93 30.00 275.93 0311821130003 5843 EWING AVE N BROOKLYN CENTER MN 55429 -2511 504265000105 NADALIE THOMAS 2 Y 0311821130003 5843 EWING AVE N BROOKLYN CENTER MN 55429 -2511 504269000704 CARLOS LEON S Y 245.17 30.00 275.17 0311821130037 5815 EWING AVE N BROOKLYN CENTER MN 55429 -2511 504282000004 JASON LEE S Y 267.66 30.00 297.66 0311821120048 5912 ADMIRAL LA BROOKLYN CENTER MN 55429 -2527 504289000303 DAVID G JOHNSON S Y 287.18 30.00 317.18 0311821240100 5825 HALIFAX AVE N BROOKLYN CENTER MN 55429 -2431 504325000901 J B CHAMBERLAIN S Y 146.89 30.00 176.89 0311821210085 6031 HALIFAX AVE N BROOKLYN CENTER MN 55429 -2435 504347000301 OMER ROBECK S Y 156.55 30.00 186.55 0311821210098 6000 JUNE AVE N BROOKLYN CENTER MN 55429 -2464 504368000702 MATTHEW BENNEWISE S Y 232.55 30.00 262.55 0311821230014 5831 JUNE AVE N BROOKLYN CENTER MN 55429 -2421 504378000502 JAMES MOORMAN S Y 122.84 30.00 152.84 0311821220020 5937 JUNE AVE N BROOKLYN CENTER MN 55429 -2461 504378000502 JAMES MOORMAN B Y 0311821220020 5000 PENN AVE N MPLS MN 55429 504425000802 JOANN GILBAUGH S Y 231.23 30.00 261.23 0311821130008 5717 BROOKLYN BLVD BROOKLYN CENTER MN 55429 -3057 CURRENT CERAATION REPORT • 10 -MAR -2003 (12:13) age 28 of 35 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 504456000002 MICHELLE KLEIN S Y 270.90 30.00 300.90 0311821240001 5737 HALIFAX AVE N BROOKLYN CENTER MN 55429 -3049 504497000104 VICKEY KORLEWALA S Y 237.85 30.00 267.85 0311821310028 3912 BURQUEST LA BROOKLYN CENTER MN 55429 -3031 504510000404 JOHN ROLAND S Y 185.85 30.00 215.85 0311821310041 3901 BURQUEST LA BROOKLYN CENTER MN 55429 -3030 504524000803 MARTY LANDSEM S Y 263.31 30.00 293.31 0311821310055 3807 56TH AVE N BROOKLYN CENTER MN 55429 -3020 504535000503 TROY STONE S Y 193.93 30.00 223.93 0311821310066 3900 ECKBERG DR BROOKLYN CENTER MN 55429 -3035 504642000504 STEVEN R FORCE S Y 317.58 30.00 347.58 0311821430036 5336 SAILOR LA BROOKLYN CENTER MN 55429 -3320 504651000308 JEFF KASEL S Y 247.83 30.00 277.83 0311821430068 3701 53RD PL N BROOKLYN CENTER MN 55429 -3361 504651000308 HOLLY KASEL 2 Y 0311821430068 3701 53RD PL N BROOKLYN CENTER MN 55429 -3361 504667000501 GEORGE CLEGG S Y 70.18 30.00 100.18 0311821430055 3524 53RD AVE N BROOKLYN CENTER MN 55429 -3420 504672000802 CHERYLE WILSON S Y 539.65 30.00 569.65 0311821430050 5301 NORTHPORT DR BROOKLYN CENTER MN 55429 -3371 504721000901 ROBERT BATTA S Y 116.50 30.00 146.50 0311821420017 5655 BROOKLYN BLVD BROOKLYN CENTER MN 55429 -3055 504770000901 ANTHONY CALVERT S Y 108.82 30.00 138.82 0311821310089 5621 HALIFAX AVE N BROOKLYN CENTER MN 55429 -3038 504770000901 SHEILA CALVERT 2 Y 0311821310089 5621 HALIFAX AVE N BROOKLYN CENTER MN 55429 CURRENT CERTIFICATION REPORT 10 -MAR -2003 (12:13) page 29 of 35 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 504841000402 CRAIG LOUISELLE S Y 258.02 30.00 288.02 0311821240011 5736 JUNE AVE N BROOKLYN CENTER MN 55429 -2908 504924020204 R E COOPER S Y 192.65 30.00 222.65 0311821230039 5811 LAKE CURVE LA BROOKLYN CENTER MN 55429 -2413 504924020204 THALIA M COOPER 2 Y 0311821230039 5811 LAKE CURVE LA BROOKLYN CENTER MN 55429 -2413 606086000103 ELIZABETH COLLINS S Y 94.90 30.00 124.90 1011821320002 4100 LAKESIDE AVE BROOKLYN CENTER MN 55429 -3803 606429000706 SCOTT FRENCH S Y 175.89 30.00 205.89 1011821120012 5247 DREW AVE N BROOKLYN CENTER MN 55429 -3335 606430000403 WILLIAM WASHINGTON S Y 216.48 30.00 246.48 1011821120013 5239 DREW AVE N BROOKLYN CENTER MN 55429 -3335 606430000403 ALEANE WASHINGTON 2 Y 1011821120013 5239 DREW AVE N BROOKLYN CENTER MN 55429 606495000607 WILLIAM KRIER S Y 99.17 30.00 129.17 1011821120073 5125 EWING AVE N BROOKLYN CENTER MN 55429 -3337 606522000303 SCOTT ZAPZALKA S Y 152.12 30.00 182.12 1011821120084 5136 FRANCE AVE N BROOKLYN CENTER MN 55429 -3342 606522000303 LISA ZAPZALKA 2 Y 1011821120084 5136 FRANCE AVE N BROOKLYN CENTER MN 55429 606722000103 KAREN RODRIGUEZ S Y 207.14 30.00 237.14 1011821210068 5107 FRANCE AVE N BROOKLYN CENTER MN 55429 -3341 606876000502 DELORES RILEY S Y 144.40 30.00 174.40 1011821140069 5017 BROOKLYN BLVD BROOKLYN CENTER MN 55429 -3402 607130000502 BOUASAVANH PHEUMAVONG S Y 159.49 30.00 189.49 0211821340030 5405 PENN AVE N BROOKLYN CENTER MN 55430 -2943 CURRENT CER*ATION REPORT • 10- MAR -2003 (12:13) Oge 30 of 35 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID 607130000502 INTA PHONGVIXAY 2 Y 159.49 30.00 189.49 0211821340030 5405 PENN AVE N BROOKLYN CENTER MN 55430 -2943 607164000407 ELIZABETH YARWEH S Y 179.70 30.00 209.70 0211821340011 2330 55TH AVE N BROOKLYN CENTER MN 55430 -2938 607193000903 MARY BETH DAVIDSON S Y 101.50 30.00 131.50 0211821430127 2206 54TH AVE N BROOKLYN CENTER MN 55430 -3006 607236000807 VERN RECK S Y 92.90 30.00 122.90 0211821430019 5319 NEWTON AVE N BROOKLYN CENTER MN 55430 -3028 607240000202 LAURA RUPP S Y 111.02 30.00 141.02 0211821430107 5345 NEWTON AVE N BROOKLYN CENTER MN 55430 -3028 607257000204 JACK BONIFACE S Y 88.50 30.00 118.50 0211821430060 5331 MORGAN AVE N BROOKLYN CENTER MN 55430 -3024 607267000002 STEVE DYE S Y 75.53 30.00 105.53 0211821430077 2006 55TH AVE N BROOKLYN CENTER MN 55430 -3011 607267000002 CARLA DYE 2 Y 0211821430077 2006 55TH AVE N BROOKLYN CENTER MN 55430 -3011 607280000308 RONALD EDBERG S Y 136.90 30.00 166.90 0211821430055 5332 MORGAN AVE N BROOKLYN CENTER MN 55430 -3025 607317000008 DEANA MILES S Y 156.43 30.00 186.43 0211821440002 5338 LOGAN AVE N BROOKLYN CENTER MN 55430 -3021 607317000008 DONALD MILES 2 Y 0211821440002 5338 LOGAN AVE N BROOKLYN CENTER MN 55430 -3021 607317000008 JAMES R JOHNSON C Y 0211821440002 HC67 BOX 231 DINGMANS FERRY PA 18328 -9554 607326000907 ROBERT TABAKA S Y 102.36 30.00 132.36 0211821440067 5311 KNOX AVE N BROOKLYN CENTER MN 55430 -3057 CURRENT CERTIFICATION REPORT 10 -MAR -2003 (12:13) page 31 of 35 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 607326000907 DEBORAH TABAKA 2 Y 102.36 30.00 132.36 0211821440067 5311 KNOX AVE N BROOKLYN CENTER MN 55430 -3057 607368000802 SCOTT VINCENT S Y 122.93 30.00 152.93 0211821440097 5345 JAMES AVE N BROOKLYN CENTER MN 55430 -3049 607368000802 RHONDA VINCENT 2 Y 0211821440097 5345 JAMES AVE N BROOKLYN CENTER MN 55430 607389000303 REED OLSON S Y 69.09 30.00 99.09 0211821440108 5332 JAMES AVE N BROOKLYN CENTER MN 55430 -3050 607453000402 TODD VANSLYKE S Y 131.64 30.00 161.64 0211821410002 5527 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -3173 607453000402 DIANNE VANSLYKE 2 Y 0211821410002 5527 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -3173 607455000205 CHARLES SKAUDIS S Y 130.43 30.00 160.43 0211821410009 5547 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -3173 607455000205 STEPHANIE SKAUDIS 2 Y 0211821410009 5547 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -3173 607462000305 MARCUS TOLBERT S Y 103.48 30.00 133.48 0211821410004 5639 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -3175 607462000305 MARCUS TOLBERT B Y 0211821410004 5639 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -3175 607471000204 WILLIAM BAILEY S Y 62.54 30.00 92.54 0211821410020 5600 IRVING AVE N BROOKLYN CENTER MN 55430 -3075 607517000806 BERNADETTE ANDERSON S Y 245.95 30.00 275.95 0211821410059 5603 JAMES AVE N BROOKLYN CENTER MN 55430 -3055 607523000008 JENNIFER DILLON -JONES S Y 119.65 30.00 149.65 0211821410053 5651 JAMES AVE N BROOKLYN CENTER MN 55430 -3055 CURRENT CEROATION REPORT • 10 -MAR -2003 (12:13) 9ge 32 of 35 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESS8D -AMT PID ---------------------------------------------------------------------------------------- 607523000008 CLANCY JONES 2 Y 119.65 30.00 149.65 0211821410053 5651 JAMES AVE N BROOKLYN CENTER MN 55430 -3055 607535000604 ALAN CANEFF S Y 73.74 30.00 103.74 0211821410113 5540 KNOX AVE N BROOKLYN CENTER MN 55430 -3062 607573000904 BRUCE HOBBS S Y 129.35 30.00 159.35 0211821420014 5501 LOGAN AVE N BROOKLYN CENTER MN 55430 -3065 607573000904 DONNA HOBBS 2 Y 0211821420014 5501 LOGAN AVE N BROOKLYN CENTER MN 55430 -3065 607670000101 JASON CUNNINGHAM S Y 81.68 30.00 111.68 0211821310019 2406 ERICON DR BROOKLYN CENTER MN 55430 -2920 607670000101 ERIN CUNNINGHAM 2 Y 0211821310019 2406 ERICON DR BROOKLYN CENTER MN 55430 -2920 607675000602 KEVIN SMITH S Y 188.82 30.00 218.82 0211821310036 2306 ERICON DR BROOKLYN CENTER MN 55430 -2918 607686000305 PATRICK AGUOCHA S Y 88.50 30.00 118.50 0211821420098 2018 ERICON DR BROOKLYN CENTER MN 55430 -2912 607687000202 MARK OSTEEN S Y 107.79 30.00 137.79 0211821420097 2012 ERICON DR BROOKLYN CENTER MN 55430 -2912 607701000401 KATHRYN ENDICOTT S Y 88.50 30.00 118.50 0211821420088 5518 JUDY LA BROOKLYN CENTER MN 55430 -2924 607750000406 ERIC SEPPANEN S Y 97.30 30.00 127.30 0111821320077 5636 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -3176 607770010906 PAUL F WINTER S Y 97.05 30.00 127.05 0111821320053 5539 GIRARD AVE N BROOKLYN CENTER MN 55430 -3167 607909000404 TAHIROU DIOURY S Y 157.33 30.00 187.33 0111821320022 5625 FREMONT AVE N BROOKLYN CENTER MN 55430 -3163 CURRENT CERTIFICATION REPORT 10 -MAR -2003 (12:13) page 33 of 35 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 607909000404 FATOU SOWE 2 Y 157.33 30.00 187.33 0111821320022 5625 FREMONT AVE N BROOKLYN CENTER MN 55430 -3163 607913000803 JOEL ALMBERG S Y 168.11 30.00 198.11 0111821320020 5651 FREMONT AVE N BROOKLYN CENTER MN 55430 -3163 607934000303 SETH CARTER S Y 137.07 30.00 167.07 0111821320097 5511 EMERSON AVE N BROOKLYN CENTER MN 55430 -3155 607980000604 JESSE SALAZAR S Y 90.70 30.00 120.70 0111821320004 5625 DUPONT AVE N BROOKLYN CENTER MN 55430 -3153 607980000604 PENNY SALAZAR 2 Y 0111821320004 5625 DUPONT AVE N BROOKLYN CENTER MN 55430 -3153 608039000505 MARK KAMMERER S Y 99.50 30.00 129.50 0111821310052 5541 BRYANT AVE N BROOKLYN CENTER MN 55430 -3143 608040000203 GREG BADER S Y 100.20 30.00 130.20 0111821310035 5603 BRYANT AVE N BROOKLYN CENTER MN 55430 -3145 608043000903 YOLANDA COX S N 99.50 30.00 129.50 0111821310037 5631 BRYANT AVE N BROOKLYN CENTER MN 55430 -3145 608043000903 YOLANDA COX B Y 0111821310037 P 0 BOX 2101 MPLS MN 55402 -0101 608098000304 THOMAS W STORIE S N 197.05 30.00 227.05 0111821310110 5607 CAMDEN AVE N BROOKLYN CENTER MN 55430 -3203 608098000304 THOMAS W STORIE F Y 0111821310110 PO BOX 29556 MINNEAPOLIS MN 55429 608098000304 DOROTHY STORIE C Y 0111821310110 5607 CAMDEN AVE N BROOKLYN CENTER MN 55430 608100000902 THOMAS CHAPMAN S Y 80.80 30.00 110.80 0111821310108 5621 CAMDEN AVE N BROOKLYN CENTER MN 55430 -3203 CURRENT CEROATION REPORT • 10 -MAR -2003 (12:13) Oge 34 of 35 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMA' -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 608254000304 CHARLES WALL S Y 119.60 30.00 149.60 0111821430080 5334 CAMDEN AVE N BROOKLYN CENTER MN 55430 -3206 608266000903 ANTHONY KUYKENDALL S Y 100.85 30.00 130.85 0111821430047 5444 CAMDEN AVE N BROOKLYN CENTER MN 55430 -3245 608266000903 MARGIE KUYKENDALL 2 Y 0111821430047 5444 CAMDEN AVE N BROOKLYN CENTER MN 55430 -3245 608322000103 PAMELA SCHMAEDKA S Y 161.73 30.00 191.73 0111821340057 5405 BRYANT AVE N BROOKLYN CENTER MN 55430 -3114 608322000103 PAMELA SCHMAEDKA B Y 0111821340057 6610 3 42ND AVE N CRYSTAL MN 55427 -1467 608333000803 JAMES SCHELLER S Y 112.28 30.00 142.28 0111821340082 904 53RD AVE N BROOKLYN CENTER MN 55430 -3569 608344000504 CINDY GRANQUIST S Y 90.70 30.00 120.70 0111821340061 5406 COLFAX AVE N BROOKLYN CENTER MN 55430 -3124 608358000805 M & D MOEN JR S Y 124.14 30.00 154.14 0111821340110 5439 COLFAX AVE N BROOKLYN CENTER MN 55430 -3123 608412000201 ROGER KLINGENSMITH S Y 88.50 30.00 118.50 0111821330147 5302 EMERSON AVE N BROOKLYN CENTER MN 55430 -3130 608434000603 DUANE ENNINGA S Y 152.12 30.00 182.12 0111821330094 5435 EMERSON AVE N BROOKLYN CENTER MN 55430 -3131 608435000502 TAHASHA L HARPOLE S Y 383.89 30.00 413.89 0111821330096 5427 EMERSON AVE N BROOKLYN CENTER MN 55430 -3131 608444000408 AMY BORGSTROM S Y 236.03 30.00 266.03 0111821330114 5339 EMERSON AVE N BROOKLYN CENTER MN 55430 -3129 608520000105 ALISON WALK S Y 134.87 30.00 164.87 0111821330022 5333 GIRARD AVE N BROOKLYN CENTER MN 55430 -3135 CURRENT CERTIFICATION REPORT 10 -MAR -2003 (12:13) page 35 of 35 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN - CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 608528000304 MARK KLINGLE S Y 102.53 30.00 132.53 0111821330030 5314 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -3138 608528000304 TAMI KLINGLE 2 Y 0111821330030 5314 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -3138 347C 74144.08* 10410.00* 84554.08* I I I City Council Agenda Item No. 9a City of Brooklyn Center A Millennium Community • To: Mayor Kragness and C cil Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: March 4, 2003 Re: Open Forum This item has been placed on the regular City Council agenda in response to Mr. Remiarz' open forum appearance. Mr. Remiarz has demanded that the City Council change its policy and televise open forum. Mr. Remiarz made this same demand that open forum be televised in September of 1999. The City Council changed the order of business in the City Council Handbook in September of 1997. The Council modeled its procedures after those of Robbinsdale. Council Member Carmody suggested that the City review procedures that Robbinsdale had developed and presented at a League of Minnesota Cities conference to provide an appropriate forum for citizens to address the council about items not on an agenda. Having open forum in an informal setting facilitates the purposes set forth in the policy: Informal ides an provides PP Open Forum opportunity for the public to address the p p Council on items that {are} not on the agenda. Informal 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. The City Council does not debate issues in Open Forum, but generally directs that the issue raised be researched and a response provided. Several reasons for not televising open forum were advanced in the League presentations and City Council discussions in 1997: - it is less intimidating for citizens to meet with the City Council in an informal setting and without being televised - scandalous, incorrect, or inflammatory materials are not broadcast o with live broadcast of Open Forum, incorrect statements could be broadcast, with no opportunity to rebut or reasonably respond to misstatements or allegations without having the City Council change the basic purpose of Open Forum to hear from citizens, as opposed to debate with citizens or take actions beyond requesting information or follow -up to potentially consider action as a regular agenda item at a later date if warranted ■ televising issues that are not on the agenda invites having the City Council blindsided * 6301 Shingle Creek Parkway Recreation and Communit y Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org I _ _ • - the City Council does not respond to matters brought up at Open Forum at that time and the Council would be at a disadvantage if it did not have the opportunity to review the matter and to direct further staff report/review as deemed appropriate. Attached are copies of the current policy, resolution that amended the policy, and minutes from the September 13, 1999 meeting where Mr. Remiarz raised the issue of televising Open Forum. • • ADMINISTRATION OF COUNCIL AFFAIRS • Council Meetings City Councils can exercise their powers, both governmental and proprietary, only in meetings that comply with the following requirements: Open Meeting Law The State's Open Meeting Law, with a few minor exceptions, specifies that all meetings must be open to the public and that all votes taken must be recorded in a journal which is available to the public. Quorum A quorum (or a certain minimum number of members) must be present. A Council quorum in Brooklyn Center is three members. Regular Meetings The City Council of the City of Brooklyn Center shall hold meetings in the Council Chambers of the City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, on the second and fourth Mondays of each month at 7:00 p.m. No meeting will be held on a legal holiday, but a regular meeting shall be held at the same hour on the next succeeding day that is not a holiday. Regular meetings will be cablecast and the videotapes will be retained for three months after approval of the official minutes of the meeting. The written Council minutes are the permanent record for the City. Informal Open Forum with City Council The City Council of the City of Brooklyn Center shall hold an Informal Open Forum at City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, at 6:45 p.m. prior to the Regular meetings, which are held on the second and fourth Mondays of each month. Informal Open Forum provides an opportunity for the public to address the Council on items that not on the agenda. Informal 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. Executive Sessions Executive Sessions are closed meetings (non - public) called by the Council to discuss publicly - sensitive issues related to 1) City labor negotiations, 2) ongoing or imminent litigation involving the City as a legal party, or 3) employee performance reviews on positions appointed directly by Council. State law requires that the media and other interested parties be notified of Executive Session dates and times, and that a brief synopsis be given concerning the issues discussed. • City Brook n Center h' l . y Page 4 Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 97 -176 RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING ORDER OF BUSINESS WHEREAS, the City Council adopted a City Council Handbook on January 23, 1995, which defines the Order of Business of each meeting; and WHEREAS, the City Council wishes to modify its Order of Business with regard to Open Forum; and WHEREAS, Open Forum provides an opportunity for the public to address the Council on items which are not on the agenda. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Council Handbook be and hereby is amended to read as follows relating to the Order of Business: 1. Call to Order Informal Open Forum with City Council - 6:45 p.m. 2. Informal Open Forum with City Council 3. Call to Order Regular Business Meeting - 7 p.m. 4. Roll Call 5. Invocation 6. Council Report 7. Presentations 8. Approval of Agenda and Consent Agenda PP g 9. Public Hearing 10. Planning Commission Items 11. Council Consideration Items 12. Adjournment I September 22, 1997 J Date D NI or ATTEST: _j City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and 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. • 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 SEPTEMBER 13, 1999 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael McCauley, Assistant City Manager/HR Director Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. Dan Remiarz, 6201 June Avenue North, addressed the Council regarding the process of the informal open forum and the new community service center addition. Mr. Remiarz asked why the Council started the informal open forum. Mayor Kragness informed him that the informal open forum allows residents to speak to the Council before a meeting who otherwise may not want to speak during a Council meeting, and also provides an opportunity to residents to discuss items not on the agenda. Mr. Remiarz discussed his concern about the new community service center addition. Mayor Kragness informed Mr. Remiarz that there had been thorough studies done and that one would be provided to him. Edith Svitak, 5616 Dupont Avenue North, addressed the Council regarding her concerns with the street improvements on 55th, 57th, and Dupont Avenue. Ms. Svitak asked when the project would be finished and why they are doing some of the things they are doing. Mayor Kragness suggested having Public Works Director Diane Spector discuss the improvements with Ms. Svitak after the informal open forum. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn informal open forum at 6:58 p.m. Motion passed unanimously. 2. INVOCATION • 09/13/99 -1- • City Council Agenda Item No. 9b Office of the City Manager er g City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Mayor Kragness, Council Members Carmody asman, ' sen, an Peppe FROM: Michael J. McCauley, City Manager DATE: March 5, 2003 SUBJECT: Schedule Joint Meeting With Housing Commission for April 2, 2003, at 6 p.m. At its February 24, 2003, Study Session, the City Council discussed the request of the Housing Commission to meet with the City Council. It was Council consensus to schedule a joint meeting with the Housing Commission for April 2, 2003, at 6 p.m. 0 • 6301 in Sh gle 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. 9c Office of the City Manager City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Council Members Carmod , Lasmap and Peppe FROM: Michael J. McCauley, City Manager DATE: March 5, 2003 SUBJECT: Schedule City Council Work Session for April 7, 2003, at 6 p.m. At its February 24, 2003, Work Session, the City Council discussed potential dates for scheduling its next Work Session. It was Council consensus to schedule a Work Session for Monday, April 7, 2003, at 6 p.m. • 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. 9d Memorandum Date: February 3, 2003 To: Michael McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: Chapter 2 — City Ordinances Revised Ordinance We have worked with the City Attorney on a revised section of City Ordinances that addresses abandoned or forfeited property. The current Ordinance is cumbersome and limits actions by the City to dispose of abandoned or forfeited property in an efficient manner. The new Ordinance streamlines the process without limiting the property owners rights. Key differences are noted as follows: Old Ordinance: No definitions. New Ordinance: The new ordinance provides for definitions of abandoned and unclaimed property consistent with state statute. • This clarifies what property will be classified as abandoned or unclaimed. Old Ordinance: The procedure for disposing of property covers sections 2 -101 through 2 -108. Section 2 -105 contains a requirement that the City Manager receive approval of the City Council for items exceeding a $100 before disposing or appropriating the item(s) for city use. New Ordinance: The new procedure, Section 2 -102 a -e, adopts state statute. This provides a detailed process as well as specific provisions for property owners. It removes the $100 limitation. This will permit the City Manager to determine the most appropriate method of disposal of abandoned or unclaimed property while retaining property owner rights. Old Ordinance: Abandoned vehicles require additional procedures to comply with state statutes. The old ordinance does not provide for the requirements as contained in current statutes. New Ordinance: These sections provide for circumstances under which a vehicle may be considered abandoned; the actions permitted to remove and store the vehicle and the hearing and disposal of an abandoned vehicle. The new ordinance provides broader authority to deal with abandoned vehicles under the current state statute. A public hearing to consider this ordinance should be noticed by adoption of the attached notice. If you have any questions, please let me know. • CITY OF BROOKLYN CENTER Notice is hereby iven that a public heari will be held on the 14th d f g P g y o April at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance repealing Chapter 2 of the City Ordinances of the City of Brooklyn Center and adopting a new ordinance regarding the disposition of abandoned and unclaimed property. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the deputy city clerk at 769 -569 -3308 to make arrangements. - ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 2 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER AND ADOPTING A NEW ORDINANCE REGARDING THE DISPOSITION OF ABANDONED AND UNCLAIMED PROPERTY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 2 of the City Ordinances of the City of Brooklyn Center is hereby repealed in its entirety. • Section 2. Chapter 2 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding the following new sections: CHAPTER 2 — ABANDONED AND UNCLAIMED PROPERTY Section 2 -101. DEFINITIONS. a. "Abandoned Protertv" means prop_ ertv that. after attropriate notification to the nrotertv owner. the owner fails to redeem. or propertv to which the owner relinauishes tossession without reclaimina the tropertv. b. Unclaimed Protertv" means pronertv lawfully into the t ossession of the Citv and remainina unclaimed by the owner. Section 2 -102. DISPOSITION OF ABANDONED AND UNCLAIMED PROPERTY. a. Procedure. Excett for vehicles impounded pursuant to � 2 -103. et sea. of this Chapter, all abandoned and unclaimed Prot_ ertv will be discosed of as provided in this section. which is adopted pursuant to M.S. 6471.195. as it may be amended from time to time. • ORDINANCE NO. • b. Storaae. The department of the citv acauiring possession of the abandoned or unclaimed property will arrange for its storage. If city facilities are unavailable or inadequate, the department may arrange for storage at a privately -owned facility. C. Claim by Owner. The owner may claim the abandoned or unclaimed Droperty by exhibiting satisfactory proof of ownership and paving the city anv storage or maintenance costs incurred by it. A receipt for the abandoned or unclaimed property must be obtained upon release to the owner. d. Sale. After the abandoned or unclaimed property has been in the possession of the, City for at least 60 days. the Drop_ ertv may be sold to the highest bidder at a public auction or sale or by a private sale throuah a nonprofit organization that has a significant mission of community service. The City Manager or the City Manager's designee may decide whether the sale will be Dublic or private. If the sale is to be by Dublic auction, the City give ten days' Dublished notice describing_ the abandoned or unclaimed DroDertv found or recovered and to be sold, and snecifving the time and Dlace of the sale. The notice must be Dublished at least once in a legal newsDaDer in the city. e. Proceeds. The Droceeds of the sale will be Dlaced in the general fund of the City. • If the former owner makes aDDlication and furnishes satisfactory Proof of ownership within six months of the sale, the former owner will be Daid the Proceeds of the sale of the abandoned or unclaimed nroDertv less the costs of storage and the Proportionate Dart of the cost of Dublished notice and other costs of the sale. Section 2 -103. ABANDONED VEHICLES. a. Incorporation of State Statute. M.S, Chapter 168B. and Minn. Rules Chapter 7035, as they may be amended from time to time, are hereby adopted by reference. Except as provided in Section 2 -105 of this Chapter. the disDOSition of abandoned vehicles shall be governed by M.S. Chapter 168B. b. Additional Findings. The Citv finds that. in circumstances involving certain health and safety concerns. it is necessary to aDDly more stringent regulations than those contained in M.S. Chapter 168B. Accordingly, the City adopts the following additional reaulations in Sections 2 -104 and 2 -105. Section 2 -104. VIOLATION T ABANDON MOTOR VEHICL A person who abandons, Darks, keeps, Dlaces or stores anv 'junk vehicle or inoD_ erable vehicle on anv Dublic, or on anv Drivate DroDertv without the consent of the Derson in control of the DroDertv is auiltv of a misdemeanor. • ORDINANCE NO. • Section 2 -105. AUTHORITY TO IMPOUND VEHICLES. a. Inoperable or iunk vehicles on public nronertv. No person shall nark, keen, place, store or abandon any iunk vehicle or inoperable vehicle on a public street, alley, or public nronertv within the city. The City Manager or Manager's designee or any peace officer emploved or whose services are contracted for by the city may take into custody and impound any inoperable or iunk vehicle. b. Unauthorized vehicles. The City Manager. Manager's designee, or any peace officer emnloved or whose services are contracted for by the city, may take into custody and impound any unauthorized vehicle under M.S. 6169.041 as it may be amended from time to time. A vehicle may also be impounded after it has been left unattended in one of the following public locations for the indicated period of time: 1. On a highwav and properly tagged by a peace officer. four hours. 2. Located so as to constitute an accident or traffic hazard to the traveling public, as determined by a peace officer, immediately: or 3. That is a narking facility or other public nronertv owned or controlled by a • unit of government, nronerly hosted, four - hours. C. Illegally narked vehicles. The City Manager, Manager's designee, or any peace officer emnloved or whose services are contracted for by the city, may take into custody and impound any vehicle that is illegally narked, the owner of which has been ordered to remove it. d. Vehicles impeding road or utility activities. The City Manager. Manager's designee. or any peace officer emnloved or whose services are contracted for by the city, may take into custody and impound any vehicle that is impeding, obstructing, or interfering with the repair. construction, or maintenance activities Of public utilities or public transnortation. Except in an emeraencv situation, reasonable notice must be given to the vehicle owner or user of such activities. e. Vehicles obstructing traffic or emergencv response. The City Manager. Manager's designee. or any peace officer emnloved or whose services are contracted for by the city. may take into custody and impound any vehicle, whether occupied or not. that is: (1) found stooped. standing, or narked in violation of an ordinance or state statute: (2) reported stolen: or (3) impeding firefighting or other emergencv activities. snow removal or plowing. or the orderly flow of traffic. • I ORDINANCE NO. • f. Notice and hearing. 1. The notice and hearing requirements in this paragraph do not apply to vehicles described in Section 2- 105(c) — (e). 2. Before impounding a iunk vehicle or inoperable vehicle, the Manager or authorized designee must give 10 days' written notice through service by mail, by posting a notice on the t)ropertv, or by personal delivery to the owner of or person in control of the propertv on which the vehicle is located. When the propertv is occupied. service upon the occupant is deemed service upon the owner. Where the t)ropertv is unoccupied or abandoned, service may be by mail to the last known owner of record of the mMertv or by posting on the property. The notice must state: a) A description of the vehicle. b) That the vehicle must be moved or properly stored within 10 days of service of the notice: c) That if the vehicle is not removed or properly stored as ordered, the vehicle will be towed and impounded at an identified location: d) That the vehicle may be reclaimed in accordance with the • procedures contained in M.S. & 168B.07 or disposed of in, accordance with M.S. &168B.08, and e) That the owner of the vehicle or the owner of or person in control of the propertv on which the vehicle is located may in writing reauest a hearing before the City Manager or authorized designee. 3. Hearing. action. If a hearing is r eauested during the 10 -dav period, the City Manager or authorized designee must promptly schedule the hearing, and no further action on the towing and impoundment of the vehicle may be taken until the City Manager's decision is rendered. At the conclusion of the scheduled hearing. the City Manager or authorized designee may (1) cancel the notice to remove the vehicle: (2) modify the notice: or (3) affirm the notice to remove. If the notice is modified or affirmed, the . vehicle must be disposed of in accordance with the city's written order. g. Impounding procedures. The impounded vehicle will be surrendered to the owner, by the towing contractor only upon payment of the required impound, towing and storage fees. Vehicle impounding will be conducted in accordance with M.S. Chapter 168B, eovernine the sale of abandoned motor vehicles. ORDINANCE NO. • Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 14th day of April, 2003. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) • • CHAPTER 2 - CITY PROPERTY S Section 2 -101. CUSTODY OF FOUND PROPERTY EXCEPTING ANIMALS AND MOTOR VEHICLES. The city manager shall establish administrative provisions for receiving and safekeeping found property and money coming into possession of the City of Brooklyn Center in the course of its municipal operations. A receipt shall be issued to the person finding such property or money and causing it to be delivered to the custody of the City. Such property shall be stored in a safe place and such money deposited with the city treasurer for a period of two months unless claimed by the true owner. Upon expiration of the two month period said property or money shall be subject to disposal under this ordinance as unclaimed property or money. Section 2 -102. CLAIMS BY OWNER. During such two month period the city man ager may deliver such property or order such money paid to the true owner thereof upon proof of ownership satisfactory to the city manager, after ten days notice by mail to other persons who may have asserted a claim of true ownership. In the event ownership cannot be determined to the satisfaction of the city manager, he may refuse to deliver such property or order the payment of such money to anyone until ordered to do so by court. Section 2 -103. CLAIM BY FINDER. If the true owner does not claim property or money during the two month period, the city manager may release such unclaimed property or order such unclaimed money to be paid to the person who found same, if at the time of delivery to the City of Brooklyn Center such finder indicated in writing that he wished to assert a claim to the property or money as a • finder. Section 2 -104. TRANSFER OF UNCLAIMED MONEYS TO GENERAL FUND. If any such money is not claimed by the true owner or by the finder within the two month period, the city manager shall cause such money to be transferred to the General Fund of the City. Section 2 -105. PUBLIC SALE OF UNCLAIMED PROPERTY. Upon expiration of the two month period unclaimed property remaining in the possession of the City of Brooklyn Center shall be appropriated for City use upon approval by the city manager, if such item of property is valued less than $100 and upon approval by the city council if such item of property is valued greater than $100 or shall be sold at public sale by the city manager. The city manager shall cause one week published notice of public sale in the official newspaper, describing therein the article to be sold and the date, time and place of the sale. Any unclaimed property offered for public sale but not sold, and not suitable for appropriation for City use, shall be deemed to be of no value and shall be disposed of in such manner as the city manager directs. Section 2 -106. DISPOSITION OF PROCEEDS. Upon completion of a public sale of unclaimed property, the city manager shall cause the proceeds therefrom to be deposited in the General Fund of the City. • City of Brooklyn Center 2 -1 City Ordinance Section 2 -107. CLAIM BY FORMER OWNER AFTER PUBLIC SALE. The former true owner • of property sold at public sale according to the provisions of Section 2 -105 shall, upon application to the city clerk within six months of the date of public sale and upon furnishing satisfactory proof of former ownership, be paid the respective sale price proceeds from the General Fund of the City. Section 2 -108. SUMMARY DISPOSAL. The city manager may, without notice and in such manner as he determines to be in the public interest, dispose summarily of any property coming into his possession which he determines to be dangerous or perishable. He shall make a record of the pertinent facts of the receipt and disposal of such property. Section 2 -201. CUSTODY OF ABANDONED AND UNCLAIMED MOTOR VEHICLES. The city manager shall establish administrative provisions for receiving and storing abandoned and unclaimed motor vehicles coming in to the possession of the City of Brooklyn Center in the course of its municipal operations. He shall mail to the registered owner, if any, and to all readily identifiable lien holders of record a notice of possession of the motor vehicle within 10 days of the taking of same. The notice shall set forth the date and place of the taking, the year, make, model and serial number of the motor vehicle, shall inform the owner and any lien holders of their right to reclaim the vehicle, and shall inform that failure to exercise reclamation rights shall be deemed a waiver by them of all right, title and interest in the vehicle and a consent to the disposal of the vehicle through sale or other means. In the event of inability to determine with reasonable certainty the identify and address of the vehicle owner, the notice shall be published once in the official newspaper. • Section 2 -202. RIGHT TO RECLAIM. At any time within 15 days after the date of notice to the owner said owner may claim his motor vehicle upon furnishing satisfactory proof of ownership and upon payment of all handling and storage charges resulting from taking the vehicle into custody. Section 2 -203. IMMEDIATE DISPOSITION. An unclaimed or abandoned motor vehicle which is more than seven model years of age, not in operating condition and which does not display a currently valid license plate shall immediately be eligible for sale or disposed of by other means and shall not be subject to the notification and reclamation provisions of this ordinance. Section 2 -204. PUBLIC SALE. At any time upon expiration of 15 days after mailing of notice to the registered owner, if any, an unclaimed or abandoned motor vehicle shall be sold at public sale by the city manager following published notice thereof. Nothing in this ordinance shall be construed to impair any lien of a garage keeper or the right of a lien holder to foreclose. Section 2 -205. DISPOSITION OF PROCEEDS. Upon completion of public sale of unclaimed or abandoned motor vehicles, the city manager shall cause the net proceeds thereof to be deposited in the General Fund of the City. The net proceeds shall be the sale price less any costs of handling, storing, or selling such unclaimed or abandoned vehicle. The net proceeds of a sale shall be paid to the former owner of the vehicle or to the entitled lien holder upon application to the city clerk and upon furnishing satisfactory oof of ownership within nine days of the date of sale. rY p a p ninety Y • City of Brooklyn Center 2 -2 City Ordinance Section 2 -206. DISPOSAL OF VEHICLES NOT SOLD. In the event an unclaimed or • abandoned motor vehicle proves unsalable, the city manager may dispose of it pursuant to Section 16813.10 of the Minnesota Statutes. • • City of Brooklyn Center 2 -3 City Ordinance City Council Agenda Item No. 9e adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION URGING STATE LEGISLATURE NOT TO LIMIT LOCAL ABILITY TO RESPOND TO STATE BUDGET CUTS WHEREAS, the State of Minnesota is faced with a budget deficit in excess of $4 billion for the 2004 -05 biennium; and WHEREAS, reductions in aids to local governments will be part of the state's budget balancing efforts; and WHEREAS, local governments in Minnesota operate on a calendar year budget, have already certified their property tax levies for 2003, and have budgeted for LGA payments and market value homestead credit reimbursements as certified by the Department of Revenue; and WHEREAS, local mayors and city council members have been elected by the people and are directly accountable to those people; and WHEREAS, local elected officials are closest to the people and possess an in -depth knowledge of local conditions, concerns, and priorities; and • WHEREAS, the challenge of balancing local budgets while maintaining valuable public services will require innovation and flexibility. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City of Brooklyn Center calls on the Minnesota Legislature to NOT enact mandatory levy limits, levy freezes, local government salary freezes, restrictions on employee pension or health insurance contributions, reverse referendum requirements or any other limitation on local governments' ability to respond to the loss of state aids in a manner that best reflects the challenges and priorities of their individual communities. 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. 9f Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION OPPOSING THE CLOSURE OF ANY SUBURBAN COURTHOUSE AND REQUESTING HENNEPIN COUNTY DISTRICT COURT TO SHARE INFORMATION AND COOPERATIVELY EXAMINE POSSIBLE SOLUTIONS FOR STATE FUNDING CUTS WHEREAS, Hennepin County District Court Administrator Mark Thompson announced at the Criminal Justice Coordinating Committee (CJCC) meeting on February 27, 2003, that the District Court was considering closing one ore more suburban courthouses in response to proposed state funding decreases; and WHEREAS, Court Administrator Thompson had budgetary or statistical information that he declined to share with CJCC participants because it was only in draft form; and WHEREAS, at no time has the leadership of the Hennepin County District Court involved the suburban cities in a cooperative effort to analyze possible measures to absorb the anticipated budget cuts; and • WHEREAS, the closing of one or more suburban courthouses will result in the following: • There will be much longer court calendars and overcrowding at the remaining courthouses, which do not have the space to absorb additional defendants and the court staff needed for the increased workload, • Police officers will be off the streets for longer periods of time to travel longer distances and to wait longer periods of time for overcrowded court schedules, • Suburban police departments will incur increased costs to pay for longer waiting times and additional officers to cover the longer absences, • Suburban citizens will suffer major inconvenience from traveling longer distances and waiting longer periods of time to be heard, • Cooperation of civilian witnesses and crime victims with the prosecution will be lost, particularly in domestic abuse cases, due to the remote location and increased waiting time, and • Prosecution costs will potentially increase if each city's cases are spread between more courtrooms; and WHEREAS, suburban cities recognize the real need to cut costs at the district court level; and • RESOLUTION NO. • WHEREAS, suburban cities are themselves struggling with proposed cuts in their own state funding; and WHEREAS, suburban cities with to cooperate with the District Court in analyzing other alternatives that could avoid shifting the court's budget cuts to the cities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Council opposes the closure of any suburban courthouse because of the consequences listed above. 2. The leadership of the Hennepin County District Court is requested to immediately provide accurate budget and statistical information to the suburban cities and to meet cooperatively to examine possible solutions to the proposed funding cuts. 3. The City Manager and the City Attorney are authorized to cooperate with other suburban cities in creating a task force of representatives to meet with the Court. 4. The City Clerk is directed to provide copies of this resolution to the Chief Justice of the Minnesota Supreme Court, the Chief Judge of the Hennepin County District Court, the Hennepin County Board of Commissioners, the Hennepin County District Court Administrator, and the other suburban cities in Hennepin County. • 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. • MAR, 4.2003 4:OOPM CC &S N0. 501 P, 1 CA -RSON, GEELLAND Sx SCRREDER • ATT0121VEY$ AST X.9A'►' PROFESSIONAL LIMITED LIABILITYPARTNER5HIP JEFFREY A. CARSON 6300 SHINGLE CREEK PARKWAY, SUITE 305 TELCPHONC wILLIAM C. CLCLLF.ND 1763) 56i -2800 ELLEN M. SCHREDER MINNEAPOLIS, MINNII OTA 55430 -2190 FAX DAVID K. ROSS 1763) 561 -1943 ANNA KRAUSE CRA98 3 March 2003 VIA FACSIMILE Michael McCauley, City Manager City of Brooklyn Center 6301 Shingle Creels Parkway Brooklyn Center, MN 55430 Police Chief Scott Bechtold Brooklyn Center Police Department 6645 Humboldt Ave. No. Brooklyn Center, MN 55430 Re: Court closing of Division 3 Hennepin County Court • Gentlemen: Late last week, the Hennepin County suburban prosecutors became aware, for the first time, that closing the Division 3 courthouse at Ridgedale is very likely to occur and, if so, within the very near future. We had an emergency meeting Thursday afternoon, attended by Hennepin County Commissioner Linda Koblick, the suburban prosecutors and the Bloomington Police Chief, representing the suburban police departments. We had not been consulted nor even notified by Chief Judge Burke of this development but we were told that it is very likely and we can easily perceive costs and difficulties which will be imposed upon the cities as a result. We all know that due to revenue shortfalls, the State and all political subdivisions are facing significant budget difficulties and choices. We were told that if State aid to the Hennepin County Court is reduced more than 6.5 %, that the Court will close Ridged.ale. If closed, the prosecution and other court functions would be spread among Minneapolis, which is Division 1, Brookdale (now operating temporarily in Robbinsdale while the new Court is under construction) which is Divison 2 and Southdale in Edina which is Division 4, We have not been told what communities would be directed where which has enormous implications for your community. We all feel we should approach Judge Burke and the Court for a further consideration of what appears to be a final decision. We all recognize that budget cuts will be necessary and that all will • have to adjust accordingly but we need to be consulted and to participate in the decision- makzDg. MAR. 4.2003 4:OOPM CC &S NO. 501 P. 2 McCauley and Bechtold 3 March 2003 p. 2 It is your community's interest which is at stake and we can all provide meaningful and helpfill input. If the closing must take place, we should at least be aware of the cost savings and Mayor, participate in the decisions so that we can cope as well as possible. There is the threshold question of Judge Burke's authority or the authority of the Court to close a Division courthouse. Certain statutes mandate the presence of courts in suburbs although Judge Burke, as Chief, has authority to assign judges to duties. Presently, your city's cases are not heard in Division 3 but we are concerned whether closing Division 3 is part of a broader agenda to consolidate Court functions. It appears that the sheriff will no longer transport any in- custody defendants to the suburbs. Previously, they would not transport felons due to security concerns but it appears now that anyone in custody downtowns will make his appearance there when we are not present. It is possible the Court would then look to close other Divisions which would consolidate all functions downtown. With the loss of suburban courts, possibly all bookings would have to take place at the Hennepin County jail and I am told that a single booking now exceeds $200. If your city's Division closes, your city will incur additional costs of travel and time for officers to • attend court. Officers must routinely visit courts for presentation of criminal complaints for signing, search warrants, transport of defendants in custody and to testify in criminal cases. Closing your Division will necessarily invoIve more cost to you.\ We are told that there is some agenda to develop "speciality court" that is courts whose functions is to deal with specific charges. The Court has operated "drug court" for sometime now which deals almost exclusively with defendants charged with drug offenses. There is a trend to develop an internal court to deal with domestic violence alone. It is our concern that if the Court develops internal courts to deal with specific offenses, the prosecution is parceled out and the cities cannot have their prosecutors present in so many places at once. We are also concerned if the trend toward "decriminalizing" certain offenses will continue. Many offenses are still defined by the legislature as crimes but courts have decided many can be addressed by payment of a nominal fine without court appearances, which streamlines Court business but also lessens law enforcement and often leaves problems unaddressed. Traditionally, cities have retained prosecution functions since we can be closer to the community and know about and deal more effectively with local people and problems, work better and more closely with the local police department, etc. We are very concerned if the cities will lose control over issues vital to them. Cities are being urged to consider and pass resolutions asking the Court to permit municipal input in these decisions and I enclose drafts of a resolution and correspondence for your review. • MAR, 4.2003 4; OOPM CC &S N0.501 P. 3 • McCauley and Bechtold 3 March 2003 p_ 2 We know that we must cooperate with the Court and expect some changes or adjustments but we also feel the Court must respect the cities concerns and elicit municipal input as the process develops. We will need your input as quickly as possible as we are told an announcement of the closing is imminent. Sincerely, CARSON, CLELLAND & SCHREDER Willi Enclosures • • MAR. 4.2003 4:OOPM CC &S N0. 501 P, 4 • February 28, 2003 Chief Justice Kathleen Blatz Hennepin County Board of Commissioners Minnesota Supreme Court c/o Sandra Vargas, County Administrator Minnesota Judicial Center Hennepin County Government Center 25 Rev Dr Martin Luther King Jr Blvd 300 South 6th Street St. Paul MN 55155 Minneapolis MN 55487 Chief Judge Keven Burke Mark Thompson Hennepin County District Court Court Administrator Hennepin County Government Center Hennepin County District Court 300 South 6th Street Hennepin County Government Center Minneapolis MN 55487 300 South 6th Street Minneapolis MN 55487 o Dear Colleagues: Hennepin County District Court Administrator Mark Thompson announced at the Criminal Justice Coordinating Committee (CJCC) meeting on February 27, 2003, that the District Court was considering closing one or more suburban courthouses in response to proposed state funding decreases. Mr. Thompson had budgetary or statistical information that he declined to share with CJCC participants because it was only in draft form. At no time has the leadership of the Hennepin County District Court involved the suburban cities in a cooperative effort to analyze possible measures to absorb the anticipated budget cuts. I believe that the closing of one or more suburban courthouses will result in the following: • There will be much longer court calendars and overcrowding at the remaining courthouses, which do not have the space to absorb additional defendants and the court staff needed for the increased workload, • Police officers will be off the streets for longer periods of time to travel longer distances and to wait longer periods of time for overcrowded court schedules, • Suburban police departments will incur increased costs to pay for longer waiting times and additional officers to cover the longer absences, • • Suburban citizens will suffer major inconvenience from traveling longer distances and waiting longer periods of time to be heard, MAP. 4. 2003 4; 01 PM U &S N0, 501 P. 5 Blatz, Burke, County Board, Thompson February 28, 2003 Page 2 • Cooperation of civilian witnesses and crime victims with the prosecution will be lost, particularly in domestic abuse cases, due to the remote location and increased waiting time, and • Prosecution costs will potentially increase if each city's cases are spread between more courtrooms. I am opposed to the closure of any suburban courthouse because of the consequences listed above. I recognize, however, the real need to cut costs at the district court level. Suburban cities are themselves struggling with proposed cuts in their own state funding. My city wants to cooperate with the District Court in analyzing other alternatives that could avoid shifting the court's budget cuts to the cities. I am requesting that the leadership of the Hennepin County District Court immediately provide accurate budget and statistical information to the suburban cities and to meet cooperatively to examine possible solutions to the proposed funding cuts. Our City Manager and City Attorney are cooperating with other suburban cities to create a task force of representatives to meet with the Court. Our city council does not meet again, until March 17, 2003. At that time, I will be asking the council to adopt a resolution to the same effect as this letter. • Thank you for your consideration. Sincerely, Mayor • MAR. 4. 2003 4: 0 1 PM CC &S N0, 501 P. 8 • RESOLUTION NO. 03- A RESOLUTION IN OPPOSITION TO THE ]PROPOSED CLOSURE OF ANY SUBURBAN DIVISION COURTHOUSE OF THE FOURTH JUDICIAL DISTRICT WHEREAS, the City Council of the City of Bloomington is the official governing body of the City of Bloomington, a municipal corporation organized under the home rule provisions of the laves of the State of Minnesota; and WHEREAS, the Court Administrator for the Fourth Judicial District serving Bloomington announced at the Criminal Justice Coordinating Committee on February 27, 2003, that the closure of one or more of the suburban division courthouses was a possible response to proposed state funding decreases; and WHEREAS, Minnesota Statutes Section 488A.01, subdivision 9, requires that the municipal building commission, or the county of Hennepin, or both, provide suitable quarters for the holding of regular terms of court in Minneapolis, Bloomington, 1� p and at such other northern and western suburban locations disbursed throughout the county as maybe designated by a majority of the judges of the court; and WHEREAS, Minnesota Statutes Section 383B,65, subdivision 2, provides that the county of Henzepin's relocation of the court serving the City of Bloomington requires it to provide suitable quarters for the holding of regular terms of court in a southern suburban location within the county; and WHEREAS, the Division IV Courthouse for the Fourth Judicial District, located at 7009 York Avenue, Edina, Minnesota, currently provides suitable quarters for the holding of regular terms of court in a southern suburban location within the county serving the City of Bloomington; and • 1 MAR. 4. 2003 4: 01 PM U &S N0, 501 P. 9 • WHEREAS, the City of Bloomington, through its City Attorney's office, filed approximately 5,000 petty misdemeanor, misdemeanor and gross misdemeanor cases at Division IV Hennepin County eP ty and at that location made over 10,000 court appearances on those cases involving citizen victims, witnesses, City police officers and prosecutors during calendar year 2002; and WHEREAS, the south suburban, Division IV Hennepin County courthouse processed at least 16,370 court filings in year 2002 for the six communities it already serves (St. Louis Park, Edina, Richfield, Eden Prairie, MAC and Bloomington), the western suburban, Division III, courthouse processed at least 11, 081 court filings and the northern suburban, Division H, courthouse processed at least 12,573 court filings in year 2002, it is inevitable that the closure of any one of the three Hennepin County Division courthouses would adversely affect the - remaining suburban courthouses to which those • cases would be reallocated, each of which is alread runni at capacity, and Y g WHEREAS, the City of Bloomington's police department must make daily trips to the courthouse serving the City of Bloomington with case filings, criminal reports, and persons taken into custody on its misdemeanor and gross misdemeanor cases, in addition to police officer witness trips to the courthouse for the purpose of offering testimony at those hearings and trials of these criminal cases; WHEREAS, the closure of the Division IV Hennepin County courthouse or any of the other Hennepin County Division courthouses will deprive the citizens of the City of Bloomington of convenient, suitable access to court system of the Fourth Judicial District and increase the City's costs of providing police and prosecution services; • 2 MAR, 4-2003 4, 01 PM CC &S NO. 501 P. 10 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE • CITY OF BLOOMINGTON that: L The City Council opposes any proposed closure of the south suburban, Division IV, Fourth Judicial District Courthouse based on its concern that such would unduly inconvenience the citizens of Bloomington served thereby, result in increased costs of prosecution and increased costs to the Bloomington Police Department; 2. The City Council opposes any proposed closure of the Division III and II, Fourth Judicial District courthouses based on its concern that such would result in a reduction of the level of services currently offered at the Division IV courthouse due to the resultant overcrowding of that facility by the reallocation of the other suburban cases. 3. The City Manager and the City Attorney are authorized to cooperate with other Hennepin County suburban cities to form a task force for the purpose of working • with the leadership of the Hennepin Count District Court to examine possible solutions P Y p to its anticipated loss of state funding. 3. The City Council hereby directs the City Clerk to provide copies of this Resolution to: the Chief Justice of the Supreme Court for the State of Minnesota, the Honorable Kathleen Blatz; the members of the Hennepin County Board; the Chief Judge, of the Fourth Judicial District, the Honorable Kevin Burke; Hennepin County Court Administrator Mark Thompson. Passed and adopted this , day of March, 2003. Mayor ATTEST: • Secretary to the Council 3 City Council Agenda Item No. 9g 0 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 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 LELS Local 82 (Police Officers) for a contract for the year 2003 as attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to execute the attached contract with LELS Local 82 (Police Officers) for calendar year 2003 with such language changes as may be necessary to clarify any terms, provided such language changes do not change the substance or monetary compensation set forth in the attached contract. BE IT FURTHER RESOLVED that authorized wage and benefit adjustments not to exceed the maximum contained herein shall become effective according to the schedule of the contract which commences January 1, 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 Manager O:r City of Brooklyn Center A Millennium Communit MEMORANDUM TO: Mayor Kragness, Council Members Carmody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley, City Manager DATE: March 4, 2003 SUBJECT: Proposed Contract With Law Enforcement Labor Services Local 82 Representing Patrol Officers and Detectives The proposed labor agreement with Law Enforcement Labor Services Local 82 provides for a one -year contract and an increase in uniform allowance by $15 per year for uniformed officers and $25 per year for detectives. The current wellness incentive would be changed to reflect the number of hours an employee regularly works. That is, an employee working 12 -hour shifts would receive 24 hours wellness incentive if 24 or fewer hours were used for sick leave, and an employee working 8 -hour shifts • would receive 16 hours of wellness incentive for using 16 or fewer sick leave hours in a calendar year. There are minor language changes relating to scheduled training and seniority for shift assignments. Assignment to the drug task force is now open to patrol officers, which will result in a minor savings to the City in cost of having an officer assigned to the drug task force at patrol, rather than detective, wages. The differential for serving on the task force itself is retained in the contract. Wages would be increased 2.5% as of January ° y , 2003, and .75 /o as of July 1, 2003.. This results in a cost to the City of 2.875% in 2003, which is lower than the 3% wa eneral increase in e costs for Local 49 and non -union g g employees. It is also less than the cost of the increase for the proposed contract with sergeants. It does increase the base cost going into 2004 by 1 /4 of 1 percent higher than 3 %. Thus, the trade -off is an increase in the base for 2004, but a lower overall cost to the City is 2003. The starting wage for patrol officers is lowered from 72 to 70% of the base wage resulting in an additional reduction in costs for a new hire. 0 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX 763 569 -3494 www.cityolbrooklyncenter.org I e Master Labor Agreement Between . City of Brooklyn Center And Law Enforcement Labor Services, Local Number 82 (Police Officers) January 1, 2003 — December 31, 2003 • TABLE OF CONTENTS ARTICLE PAGE 1 Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Employer Security 2 5 Employer Authority 2 6 Union Security 2 7 Savings Clause 2 8 Constitutional Protection 2 9 Seniority 3 10 Work Schedules 4 11 Discipline 4 12 Employee Rights — Grievance Procedure 5 13 Overtime 7 14 Court Time 8 15 Call Back Time 8 • 16 Working Out of Classification 8 17 Standby Pay 8 18 Leaves of Absence 8 19 Severance 9 20 Injury on Duty 9 21 False Arrest Insurance 9 22 Training 10 23 Post License Fees 10 24 Uniforms 10 25 Longevity and Educational Incentive 10 26 Holiday Leave 11 27 Vacation Leave 11 28 Sick Leave 12 29 Insurance 13 30 Wage Rates 14 31 Benefits for Retirees 15 32 Mileage and Expense Reimbursement 15 33 Light Duty 15 34 Agreement Implementation 15 0 35 Waiver 16 36 Duration 16 ARTICLE I — Purpose of Agreement • This Agreement is entered into between the City of Brooklyn Center, hereinafter called the Employer, and Law Enforcement Labor Services, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2 - Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under the Minnesota Public Employment Labor Relations Act, for all police personnel in the following job classifications: Detective Police Officer 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 - Definitions 3.1 UNION: Law Enforcement Labor Services. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services. • 3.3 DEPARTMENT: The City of Brooklyn Center Police Department. 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.5 EMPLOYER: The City of Brooklyn Center. 3.6 CHIEF: The Chief of the Brooklyn Center Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services (Local No. 82). 3.8 DETECTIVE: An employee specifically assigned or classified by the Employer to the job classification and/or job position of Detective. 3.9 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAKS: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.13 REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for detective and school liaison officer excluding any other special allowance. 3.14 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. -1- ARTICLE 4 - Employer Security • The Union agrees that during the life of this Agreement the Union will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of or interference with the normal functions of the Employer. ARTICLE 5 - Employer Authority 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, 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. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 6 — Union Security 6.1 The Employer shall deduct the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. • 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7 - Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Brooklyn Center. In the event any provision of the Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 8 — Constitutional Protection Employees shall have the rights granted to all citizens by the United States and Minnesota • Constitutions. -2- ARTICLE 9 - Seniority 9.1 Seniority shall be determined by continuous length of service in all of the job classifications • covered by this Agreement. Employees promoted from classifications covered by this Agreement to a position outside the bargaining unit will continue to accrue seniority under this Agreement until the completion of their promotional probationary period or for no longer than twelve (12) months. The seniority roster shall be based on length of service in all of the job classifications covered by this Agreement. Employees lose seniority under this Agreement under the following circumstances: resignation, discharge for cause, or transfer or promotion to a classification not covered by this Agreement after completion of the promotional probationary period or for no longer than twelve (12) months after transfer or promotion. 9.2 There shall be an initial probationary period for new employees of twelve (12) months. During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. The Employer shall give the Union and the employees at least two (2) weeks written notice in advance of any layoff. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of the layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments, and promotions when the job - relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full -time employment. Except as noted in the preceding sentence, shift assignments shall be bid on the basis of seniority at least annually and within 45 days after any permanent change in the work schedule. (Language change would sunset December 31, 2003.) Employees will not be subject to shift rotation more often than every four (4) months. 9.6 The Employer shall recognize reverse seniority by classification as the primary factor when calling off -duty employees to duty and when considering scheduled duty changes if such employees are qualified. 9.7 One continuous vacation period shall be selected on the basis of seniority until April 1 of each calendar Y ear. 9.8 The Employer shall recognize seniority as the primary factor when authorizing holiday leave and compensatory time leave. 9.9 No time shall be deducted from an employee's seniority accumulation due to absences occasioned by an authorized leave with pay, layoffs of less than two (2) years in duration, or • any military draft or government call -up to Reserves or National Guard. -3- i ART — ARTICLE 10 Work Schedules 10.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each employee through: a. hours worked on assigned shifts, b. holidays, C. assigned training, and d. authorized leave time. 10.2 Authorized leave time (including holiday hours) is to be calculated on the basis of the actual hours used for such leave based on the time that the employee would otherwise have been scheduled to work. 10.3 Nothing n this or g any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. ARTICLE 11 -Discipline 11.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a. oral reprimand; b. written reprimand; C. suspension; d. demotion; or • e. discharge. 11.2 Suspension, demotions, and discharges will be in written form. 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 11.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer. 11.5 A single disciplinary action for failure to attend training, court or tardiness will be removed from he personnel a sonnel file after 18 months if, during that time the single incident of disci P g line g p for failure to attend training, court or tardiness, is the only occurrence of discipline during that 18 month period. 11.6 Discharges will be preceded by a five (5) day suspension without pay. 11.7 For purposes of discipline, a day will mean eight (8) hours. 11.8 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such • questioning. -4- 11.9 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance • procedure under Article 12. ARTICLE 12 — Employee Rights — Grievance Procedure 12.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 12.2 Union Representatives - The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when so designated as provided by 6.2 of this Agreement. 12.3 Processing of a Grievance - It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. • 12.4 Procedure - Grievances, as defined by Section 12. 1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty -one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer - designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer- designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Std If appealed, the written grievance shall be presented by the Union and discussed with the Employer - designated Step 2 representative. The Employer - designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer - designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. -5- Step 3. If appealed, the written grievance shall be presented by the Union and discussed with • the Employer - designated Step 3 representative. The Employer - designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer - designated representative's final answer to Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual Agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timelines for Step 4 of the grievance procedure. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days of mediation shall be considered waived. Step 4. A grievance unresolved in Step 3 or Step 3a and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 12.5 Arbitrator's Authority a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and • decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 12.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered • "waived ". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the -6- specified time limits, the Union may elect to treat the grievance as denied at that step and • immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union in each step. ARTICLE 13 — Overtime 13.1 Employees will be compensated at one and one -half (1 %2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest six (6) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the employee from so working. 13.7 When uniformed patrol employees have less than twelve (12) hours of duty -free time between assigned shifts, they will be compensated at a rate of one and one -half (1 %z) times the employee's regular base pay rate for the next shift. For purposes of this Article, shift extensions, elected overtime, voluntary changes of shifts, City- contracted work, training, and court time are considered as duty -free time. The twelve (12) hour requirement may be waived by mutual Agreement between the Employee and the Police Administration. 13.8 As an option to monetary compensation for overtime, an employee may elect compensatory time off at a rate of one and one -half (1 %) time. An employee's compensatory time bank shall not exceed forty (40) hours at any time during a calendar year. On or about December 1 of each year, the City will pay off by check the balance of compensatory time accumulated by each police officer. No compensatory time will be accumulated or used during the month of December. Special overtime duty assignments made available to all positions by the Chief of Police at the police officer's rate of compensation will not be eligible for compensatory time. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer - designated supervisor. 13.9 Employees given less than sixteen (16) hours notice of a scheduled duty change other than their regularly scheduled work period shall be compensated at one and one -half (1 %z) times the employee's regular pay rate for hours worked outside of the scheduled work period. • -7- I ARTICLE 14 - Court Time • An employee who is required to appear in court during their scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one -half (1 %2) times the employee's base pay rate. An employee reporting to court after a scheduled dog -watch shift or any other shift ending between 0300 and 0600 hours shall receive a minimum of three (3) hours pay at one and one -half (1 %2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for court appearance does not qualify the employee for the two (2) hour minimum. Employees shall not be required to work office or street duty to qualify for the court time minimum. 14.1 Any employee who is on their scheduled days off and is canceled from a court appearance with less than twelve hours notice, shall receive the short notice provision of Article 14. 14.2 Any employee who is canceled from a court appearance with less than twelve hours notice during their scheduled work week, shall not be eligible for the short notice provision of Article 14. 14.3 Any employee who appears in court during their scheduled work week shall be paid the Article 14 minimum or the actual time spent, whichever is greater. 14.4 Any employee who is placed on stand -by for court should retain a copy of the notice placing them on stand -by, or obtain the name of the person placing them on stand -by. The employee will be paid the Article 14 minimum or Article 17 pay, whichever is greater. • ARTICLE 15 - Call Back Time An employee who is called to duty during their scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one -half (1 '' /z) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hours minimum. ARTICLE 16 - Working Out Of Classification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 17 — Standby Pay Employees required by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. ARTICLE 18 — Leaves of Absence 18.1 In cases of demonstrated need and where sick leave has not been abused, the Employer shall grant to employees a leave of absence without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence, the Employer will not permanently fill the employee's position and the employee's benefits and rights shall be is retained. i -8- 18.2 An employee called to serve on a jury shall be reimbursed the difference between the amount • paid for such service (exclusive of travel and expense pay) and compensation for regularly scheduled working hours lost because of jury service. 18.3 Employees ordered by proper authority to National Guard or Reserve Military Service not exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence without loss of status. Such employees shall receive compensation from the Employer equal to the difference between his regular pay and the lesser military pay. 18.4 Employees called and ordered by proper authority to active military service in time of war or other properly declared emergency, shall be entitled to leave of absence without pay during such service. Upon completion of such service, employees shall be entitled to the same or similar employment of like seniority, status, and pay as if such leave had not been taken, subject to the specific provisions of state and federal law. 18.5 Members of the bargaining unit will receive such additional leaves as provided for under State or Federal law, as the same laws may be amended from time to time. 18.6 Additional leaves of absence may be granted in the City Manager's discretion upon the same terms and conditions as then applicable to non -Union employees pursuant to the City's Personnel policy applicable to non -Union employees at the time of application for a leave of absence. • ARTICLE 19 - Severance 19.1 An employee shall give the Employer two (2) weeks notice in writing before terminating his employment. 19.2 Severance pay in the amount of one -third (1/3) the accumulated sick leave employees have to their credit at the time of resignation or retirement, times their respective regular pay rate, shall be paid to employees who have been employed for at least five (5) consecutive_ years. If discharged for just cause, severance pay shall not be allowed. ARTICLE 20 — Injury on Duty Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the employee's regular pay and Workers' Compensation insurance payments for a period not to exceed 720 hours per injury, not charged to the employee's vacation, sick leave, or other accumulated paid benefits, after a three (3) working day initial waiting period per injury. The three (3) working day waiting period shall be charged to the employee's sick leave account less Workers' Compensation insurance payments. ARTICLE 21 - False Arrest Insurance The City of Brooklyn Center shall maintain liability insurance that includes a provision for • unlawfully detaining an individual when an employee is acting within the scope of their duties on behalf of the City of Brooklyn Center. -9- • ARTICLE 22 - Training 22.1 The Employer shall reimburse each employee who is required to maintain a license as a law enforcement officer under Minnesota Statutes, Section 626.84, et sec , for actual expenses of tuition, meals, travel, and lodging incurred in meeting the continuing education requirements of the Minnesota Police Officers Standards and Training Board, not to exceed 48 hours of such training every three (3) years. The Employer need not make such reimbursement for attendance at a course located less than sixty (60) miles from the City of Brooklyn Center and such reimbursement shall not exceed similar allowances for state employees. If the Employer provides in- service training to its employees which meets the continuing education requirements of the Minnesota Police Officers Standards and Training Board, and if the Employer provides its employees with an opportunity to attend such in- service training courses, to the extent that such opportunity is provided to each employee, the obligation of the Employer to reimburse such employee for expenses incurred in attending continuing education courses shall be reduced. 22.2 The Employer shall pay each employee their regular salary while attending Employer approved or Employer required continuing education courses whether or not such courses attended are in- service training courses or courses given by instructors other than the Employer. The Officer shall receive pay not less than the scheduled time of training. ARTICLE 23 — Post License Fees The Employer shall pay up to $90 for the cost of POST license fees for all employees requiring such • license during each license period. ARTICLE 24 - Uniforms The Employer shall provide required uniform and equipment items. In addition, the Employer shall pay to the uniformed officers a maintenance allowance of $115.00 per year. Plainclothes officers, including the trainee, shall be paid a clothing allowance of $525.00 per year. ARTICLE 25 — Longevity and Educational Incentive 25.1 After twelve (12) years of continuous employment, each employee shall choose to be paid supplementary pay of $103 per month or supplementary pay based on educational credits as outlined in 25.4 of this Article. 25.2 After sixteen (16) years of continuous employment, each employee shall choose to be paid supplementary pay of $181 per month or supplementary pay based on educational credits as outlined in 25.4 of this Article. 25.3 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 25.4 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of: Bachelor's Degree $103 per month Master's Degree $181 month • -10- S ARTICLE 26 — Holiday Leave 26.1 Employees shall receive eight (8) hours of holiday leave per month. Ninety -six (96) hours of holiday leave shall be advanced to employees on January 1 St of each calendar year beginning on January 1 St 2002. In the event an employee is not employed for the entire calendar year, the employee's holiday leave shall be reduced by eight (8) hours for each full month that the employee will not have worked in that calendar year. 26.2 Employees may use holiday leave with the approval of the Employer. 26.3 An employee who works on New Year's Day, Independence Day, Labor Day' Thanksgiving Day, Christmas Day, Memorial Day, Veteran's Day, Columbus Day, Martin Luther King Day, or President's Day shall receive one and one -half (1 %z) times the employee's regular pay rate for all hours actually worked during the named holiday. 26.4 Except as provided in 26.3, overtime pay shall not be authorized for employees for hours worked on holidays when such work is part of the planned schedule. 26.5 An employee who is on their regularly scheduled day off for a holiday as specified in 26.3, and is called in to work or kept over to work such holiday due to staff shortage(s), etc., will receive two times the employee's regular pay rate for all hours actually worked during the named holiday in lieu of one and one -half (1 t /2) times the employee's regular pay rate under Section 26.3. Employees who accept a shift under 26.6 shall be paid as provided in 26.3 and 26.4 and shall not be eligible for payment pursuant to 26.5. • 26.6 An employee may request a holiday off, which they are required to work, prior to fourteen calendar days before the holiday. The Employer shall post the open holiday shift to be filled by another employee at the holiday rate of pay. The employee making the request for the holiday off is responsible for working the holiday if the posting is not filled five (5) days prior to the holiday. Sc 26.7 Employees beginning employment after January 1 of a calendar year shall receive eight (8) hours of holiday leave per month beginning on the first month in which they are working as of the first day of that month. Such employees shall receive an advance of holiday leave hours equal to eight (8) hours multiplied by the number of whole months they will work through December of the year in which they were first employed. 26.8 Any holiday leave not used on or before December 31 of each year will be deemed forfeited and shall not carry over into the next calendar year. ARTICLE C 27 Vacations 27.1 Permanent full -time employees shall earn vacation leave with pay as per the following schedule: • 0 through 5 years of service - eighty (80) hours per year (accrued at 3.08 hours per pay period) -11- • 6 through 10 years of service - one hundred twenty (120) hours per year (accrued at 4.62 hours per pay period) eight (8) additional hours per year of service to a maximum of one hundred sixty (160) hours after fifteen (15) years of service 11 years - 4.92 hours per pay period 12 years - 5.23 hours per pay period 13 years - 5.54 hours per pay period 14 years - 5.85 hours per pay period 15 years - 6.15 hours per pay period 27.2 Employees using earned vacation leave or sick leave shall be considered working for the purpose of accumulating additional vacation leave. 27.3 Vacation may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. No employee shall be allowed to use vacation leave during their initial six (6) months of service. Employees shall not be permitted to waive vacation leave and receive double pay. 27.4 Employees with less than five (5) years of service may accrue a maximum of one hundred twenty (120) hours of vacation leave. Employees with more than five (5) but less than fifteen • (15) consecutive years of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of one hundred sixty (160) hours of vacation leave. Employees with fifteen (15) consecutive years or more of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of two hundred thirty (230) hours of vacation leave. 27.5 Employees leaving the service of the Employer shall be compensated for vacation leave accrued and unused. ARTICLE 28 — Sick Leave 28.1 Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight (8) hours per month or ninety -six (96) hours per year (computed at 3.69 hours per pay period) of full -time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use during the first six (6) months of service. 28.2 Sick leave shall be used normally for absence from duty because of personal illness or legal quarantine of the employee, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents -in -law, spouse, or children of the employee. Sick leave may be used for the purpose of attending the funeral of immediate family • members plus brothers -in -law, sisters -in- law, grandparents, grandparents -in -law, and grandchildren of the employee. In addition to the preceding conditions, supervisors may approve the use of sick leave, up to a maximum of four (4) days (32 hours) per calendar year, -12- for the care of the employee's children or spouse when the employee's supervisor determines • that the situation requires the employee's presence. The four (4) special -use days (32 hours) cannot be accumulated from one year to the next, and if they are not used, they are included in the employee's normal sick -leave accumulation. 28.3 Sick leave shall accrue at the rate of eight (8) hours per month or ninety -six (96) hours per year until nine hundred sixty (960) hours have been accumulated (shall be computed at 3.69 hours per pay period). Effective January 1, 1994, after nine hundred sixty (960) hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month or forty - eight (48) hours per year (computed at 1.85 hours per pay period), and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month or twenty-four (24) ours per year (computed at .925 hours per a period). ) p Y ( P p pay . ) Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workers' Compensation benefits shall be credited against the compensation due employees utilizing sick leave. 28.4 In order to be eligible for sick leave with pay, an employee must: a. notify the Employer prior to the time set for the beginning of their normal scheduled shift; b. keep the Employer informed of their condition if the absence is of more than three (3) days duration; • C. submit medical certificates for absences exceeding three (3) days, if required by the Employer. 28.5 Employees abusing sick leave shall be subject to disciplinary action. 28.6 An employee who has accumulated 960 hours of sick leave and who uses not more than the equivalent of two regularly scheduled shift's worth of sick leave hours in a calendar year shall receive a wellness incentive equal to one of the employee's regularly scheduled shifts' compensation at the employee's regular rate of compensation. ARTICLE 29 - Insurance 29.1 2003 Full -time employees Effective 1/1/03, the City will contribute payment of five hundred fifteen dollars ($515) per month per employee for use in the Employer's Cafeteria Benefit Plan. Additional benefits may be purchased by the employee as made available through the Employer's Cafeteria Benefit Plan. 29.2 Life Insurance and Balance of afeteria Funds: unds: The City of Brooklyn Center will provide payment for premium of basic life insurance in the amount of $10 000. The employee ma Y use the remainder of the contribution (limits as stated above) for use as provided in the • Employer's Cafeteria Benefit Plan. The Employer will make a good faith effort to provide the following options for employee selection: group dental, supplemental life, long -term disability, deferred compensation or cash benefits. The Employer will be excused from the -13- requirement of offering a particular option where such becomes unfeasible because of • conditions imposed by an insurance carrier or because of other circumstances beyond the City's control. ARTICLE 30 - Wage Rates REGULAR BASE PAY RATE; The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for detective, drug task force and school liaison officer; and excluding any other special allowance. 30.1 Effective January 1, 2003 Police Officer base rate: (P5) After 36 months of continuous employment $4658 per month (P4) After 24 months of continuous employment 93% of After 36 months rate (P3) After 12 months of continuous employment 86% of After 36 months rate (P2) After 6 months of continuous employment 79% of After 36 months rate (P1) Starting rate 70% of After 36 months rate Effective July 1, 2003 Police Officer base rate: (P5) After 36 months of continuous employment $4693 per month (P4) After 24 months of continuous employment 93% of After 36 months rate (P3) After 12 months of continuous employment 86% of After 36 months rate (P2) After 6 months of continuous employment 79% of After 36 months rate (P1) Starting rate 70% of After 36 months rate • 30.2 Employees classified or assigned by the Employer to the following job classifications or positions will receive two hundred dollars ($200) per month or two hundred dollars ($200) prorated for less than a full month in addition to their regular wage rate. School Liaison Officer Detective Drug Task Force 30.3 Detectives Serving On -Call: Detectives will work a schedule which requires them to serve on -call on a rotating basis. The City will pay each Detective serving on -call on a rotating basis one hundred sixty -five dollars ($165.00) per month in addition to their regular wage. Detectives who are called back to duty while serving on -call will be paid according to Article - 15 of the labor Agreement. Officers assigned to work with the Detectives for training purposes will not receive the one hundred sixty -five ($165.00) per month nor will they be required to serve on -call. 30.4 Employees classified or assigned by Employer to the position of Field Training Officer (FTO) will receive an additional $2.00 per hour in addition to their regular wages for time spent in field supervision. 30.5 When there is no Sergeant on duty, and senior management personnel do not assume command of the shift, the senior officer working will be in charge of the shift. The officer in charge will receive, in addition to their regular hourly pay, two dollars ($2.00). • Officer in charge pay will be calculated to the nearest six (6) minutes. -14- • 30.6 Field Training Officers while serving in the capacity of a Field Training Officer (working with a new police officer) shall not serve as the senior officer in charge. 30.7 Employees classified by the Employer to the canine handler classification will receive the following in addition to their regular wage rate: a. The officer will receive the last thirty (30) minutes of each scheduled shift for dog maintenance and care at the officer's home. b. The officer will receive forty -five (45) minutes of overtime pay for dog maintenance, care, and training for each of the officer's scheduled days off. C. When the officer uses time off (sick, vacation, or comp time) for any whole scheduled shift, he must take time equivalent to one -half hour less than whole shift and be paid for whole shift. d. When the officer uses holiday time for any whole schedule shift, he must take eight (8) hours of leave time and will be paid for eight (8) hours. e. When the officer uses a portion of a scheduled shift as sick or vacation time, which is less than the full eight (8) hours, he must take the actual time used in leave time. • f. When dog is out of the care of the canine officer, all above items do not apply. ARTICLE 31— Benefits For Retirees Retirees at the time of retirement, shall receive the same options and level of City contribution for insurance coverage upon retirement as are provided by the City's Personnel Policy covering non - Union employees as such options and contributions may be changed by the City from time to time. ARTICLE 32 — Mileage and Expense Reimbursement Employees shall receive the same mileage and expense reimbursement rates upon the same terms and conditions as generally provided in the City's Personnel Policy covering non -Union employees as such policy may be changed by the City from time to time. ARTICLE 33 — Light Duty Members of the bargaining unit will be eligible for temporary light duty assignment upon approval of the City Manager upon such terms and conditions as would apply to non -Union employees of the City as set forth in the City's Personnel Policy, as the same may be amended from time to time by the City. ARTICLE 34 - n Agreement Implementation g p o Employer shall implement the terms of this Agreement in the form of a resolution. If the implementation of the terms of this Agreement require the adoption of a law, ordinance, or charter • amendment, the Employer shall make every reasonable effort to propose and secure the enactment of such law, ordinance, resolution, or charter amendment. -15- • ARTICLE 35 - Waiver 35.1 Any and all prior Agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 35.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 36 - Duration This Agreement shall be effective as of January 1, 2003 and shall remain in full force and effect until the thirty-first (3 1) day of December, 2003, as noted in the contract. IN WITNESS THERETO, the parties have caused this Agreement to be executed this day of , 2003. FOR THE CITY OF FOR LAW ENFORCEMENT BROOKLYN CENTER LABOR SERVICES Mayor Business Agent City Manager Union Steward • -16- City Council Agenda Item No. 9h Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 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 LELS Local 86 (Sergeants) for a contract for the year 2003 as attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to execute the attached contract with LELS Local 86 (Sergeants) for calendar year 2003 with such language changes as maybe necessary to clarify any ternis, provided such language changes do not change the substance or monetary compensation set forth in the attached contract. BE IT FURTHER RESOLVED that authorized wage and benefit adjustments shall . become effective according to the schedule of the agreement which commences January 1, 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 Manager City of Brooklyn Center g A Millennium Community MEMORANDUM TO: Mayor Kragness, Council Members Carmody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley, City Manag r DATE: March 4, 2003 SUBJECT: Proposed Agreement with Law Enforcement Labor Services Local 86 (Sergeants) The proposed labor agreement with the union representing police sergeants (Local 86) provides for a one -year contract January 1 through December 31, 2003. It provides for the same 3% increase as of January 1, 2003, that was provided for public works union employees and the general non -union increase. However, there is a 37 -cent an hour increase on July 1, 2003, to bring the unit to the average of our comparable cities.. This adjustment of 37 cents an hour reflects the amount of money the sergeants union was below the average in 2002 and the additional duties and changes that are occurring • with what is being expected of sergeants. A sergeant is now supervising the detective unit. The insurance contribution provided for in the contract is identical to the insurance in the Local 49 contract and to non -union employees. Uniform allowance is increased by $15 per year, and an allowance is made for a sergeant assigned to plain clothes supervising the detectives. There are several housekeeping changes to language regarding injury on duty, false arrest insurance, and sick leave to clarify or to conform to federal law. We still would need to re- negotiate on issues of lieutenant pay if that position is created and if it was part of Local 86. 0 301 Shingle Creek Parkway Recreation and Community er y Cen 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 • Master Labor Agreement Between City of Brooklyn Center • And Law Enforcement Labor Services, Local Number 86 January 1, 2003 — December 31, 2003 • • TABLE OF CONTENTS ARTICLE PAGE 1 _Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Employer Security 2 5 Employer Authority 2 6 Union Security 2 7 Savings Clause 2 8 Constitutional Protection 2 9 Seniority 3 10 Work Schedules 4 11 Discipline 4 12 Employee Rights — Grievance Procedure 5 13 Overtime 7 14 Court Time 8 15 Call Back Time 8 16 Working Out of Classification 8 • 17 Standby Pay 8 18 Leaves of Absence 8 19 Severance 9 20 Injury on Duty 9 21 False Arrest Insurance 9 22 Training 9 23 Post License Fees 10 24 Uniforms 10 25 Holiday Leave 10 26 Vacation Leave 11 27 Sick Leave 12 28 Insurance 12 29 Wage Rates 13 30 Benefits for Retirees 13 31 Mileage and Expense Reimbursement 13 32 Light Duty 13 33 Agreement Implementation 13 34 Waiver 13 • 35 Duration 14 ARTICLE 1 - Purpose of Agreement • This Agreement is entered into between the City of Brooklyn Center, hereinafter called the Employer, and Law Enforcement Labor Services, "Local No. 86 ", hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2 - Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statues, Section 179A.03, Subdivision 6, for all police personnel in the following job classifications: Sergeant 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 - Definitions 3.1 Union: Law Enforcement Labor Services, "Local No. 86." 3.2 Union Member: A member of Law Enforcement Labor Services, "Local No. 86." • 3.3 Department: The City of Brooklyn Center Police Department. 3.4 Employee: A member of the exclusively recognized bargaining unit. 3.5 Employer: The City of Brooklyn Center. 3.6 Chief: The Chief of the Brooklyn Center Police Department. 3.7 Union Officer: Officer elected or appointed by Law Enforcement Labor Services, "Local No. 86." 3.8 Overtime: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.9 Scheduled Shift: A consecutive work period including rest breaks and a lunch break. 3.10 Rest Breaks: Period during the Scheduled Shift during which the employee remains on continual duty and is responsible for assigned duties. 3.11 Lunch Breaks: A period during the Scheduled Shift during which the employee remains on continual duty and is responsible for assigned duties. 3.12 Regular Base Pay Rate: The employee's hourly or monthly base pay rate. 3.13 Strike: Concerned action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. • -1- ARTICLE 4 - Employer Security The Union agrees that during the life of this Agreement the Union will not cause, encourage, • participate in, or support any strike, slowdown, or other interruption of or interference with the normal functions of the Employer. ARTICLE 5 - Employer Authority 5.1 The Employer retains the full and unrestricted right to operate and manage all personnel, 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. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 6 - Union Security 6.1 The Employer shall deduct the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7 - Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Brooklyn Center. In the event any provision of the Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 8 - Constitutional Protection Employees shall have the rights granted to all citizens by the United States and Minnesota • Constitutions. -2- ARTICLE 9 - Seniority 9.1 Seniority shall be determined by continuous length of service in the job classification covered by this Agreement. Employees promoted from the classification covered by this Agreement to • a position outside the bargaining unit will continue to accrue seniority under this Agreement until the completion of their promotional probationary period or for no longer than twelve (12) months. The seniority roster shall be based on length of service in the job classification covered by this Agreement. Employees lose seniority under this Agreement under the following circumstances: resignation, discharge for cause, or transfer or promotion to a classification not covered by this Agreement after completion of the promotional probationary period or for no longer than twelve (12) months after transfer or promotion. 9.2 There shall be an initial probationary period for new employees 'of twelve (12) months. During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. The Employer shall give the Union and the employees at least two (2) weeks written notice in advance of any layoff. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of the layoff before any new employee is hired. 9.4 Senior qualified employees shall be given shift assignment preference after twelve (12) months of continuous full -time employment. Except as noted in the preceding sentence, shift • assignments shall be bid on the basis of seniority at least annually and after any permanent change in the work schedule. Employees will not be subject to shift rotation more often than every four (4) months. If a special assignment's position is created, assignment to such position shall be opened for bidding on the basis of seniority for up to a two -year assignment in such position. A person shall not be eligible to bid or be assigned to such special assignment position more often than two years out of any six continuous year periods. [A special assignment position is one out of the normal shift rotation with primary emphasis on patrol management.] 9.5 One continuous vacation period shall be selected on the basis of seniority until April 1 of each calendar year. 9.6 The Employer shall recognize seniority as the primary factor when authorizing holiday leave and compensatory time leave. 9.7 No time shall be deducted from an employees seniority accumulation due to absences occasioned by an authorized leave with pay, any military draft or government call -up to Reserves or National Guard, or for layoffs of less than two (2) years in duration. -3- ARTICLE 10 - Work Schedules 10.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each • employee through: a. hours worked on assigned shifts, b. holidays, C. assigned training, and d. authorized leave time. 10.2 Authorized leave time (including holiday hours) is to be calculated on the basis of the actual hours used for such leave based on the time that the employee would otherwise have been scheduled to work. 10.3 Nothing contained in this or any other Article shall be inter preted to be a guarantee of a � t� minimum or maximum number of hours the Employer may assign employees. ARTICLE 11 - Discipline 11.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a. oral reprimand; b. written reprimand; C. suspension; d. demotion; or e. discharge. • 11.2 Suspension, demotions and discharges barges will be in written form. 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 11.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer. 11.5 A single disciplinary ction for failure to attend training, or tardiness will be removed rY ov g from the personnel file after 18 months if, during that time, the single incident of discipline for failure to attend training, court or tardiness, is the only occurrence of discipline during that 18 month period. 11.6 Discharges will be receded b a five 5 day suspension without a P Y () Y . P pay. 11.7 For purposes of discipline, a day will mean eight (8) hours. 11.8 Employees will not be questioned concerning an investigation of proposed disciplinary action against the employee being questioned unless the employee has been given an opportunity to • have a Union representative present at such questioning. -4- 11.9 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance • procedure under Article 12. ARTICLE 12 - Employee Rights — Grievance Procedure 12.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 12.2 Union Representatives - The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when so designated as provided by 6.2 of this Agreement. 12.3 Processing of a Grievance - It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. • 12.4 Procedure - Grievances a fin s defined by Section 12. 1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty -one (2 1) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer - designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer - designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2 . If appealed, the written grievance shall be presented by the Union and discussed with the Employer - designated Step 2 representative. The Employer - designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer - designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar • days shall be considered waived. -5- Std If appealed, the written grievance shall be presented by the Union and discussed with • the Employer - designated Step 3 representative. The Employer - designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer - designated representative's final answer to Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual Agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timeliness for Step 4 of the grievance procedure. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days of mediation shall be considered waived. Std A grievance unresolved in Step 3 or Step 3a and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 12.5 Arbitrator's Authority a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract • from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives an f either a verbatim p g d witnesses. I party desires a record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 12.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered • "waived." If a grievance is not appealed to the next step within the specified time limit or any -6- agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified • time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union in each step. ARTICLE 13 - Overtime 13.1 Employees will be compensated at one and one -half (1 %z) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest six (6) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer • unless unusual circumstances prevent the employee from so working. 13.7 When employees have less than twelve (12) hours of duty -free time between assigned shifts, they will be compensated at a rate of one and one -half (1 %2) times the employee's regular base pay rate for the next shift. For purposes of this Article, shift extensions, elected overtime, voluntary changes of shifts, City - contracted work, training, and court time are considered as duty -free time. The twelve (12) hour requirement maybe waived by mutual Agreement between the Employee and the Police Administration. 13.8 As an option to monetary compensation for overtime, an employee may annually elect compensatory time off at a rate of one and one -half (1 %z) time. An employee's compensatory time bank shall not exceed forty (40) hours at any time during a calendar year. On or about December 1 of each year, the City will pay off by check the balance of compensatory time accumulated by each sergeant. No compensatory time will be accumulated or used during the month of December. Special overtime duty assignments made available to all employees by the Chief of Police at the employee's rate of compensation will not be eligible for compensatory time. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer - designated supervisor. 13.9 Employees given less than sixteen (16) hours notice of a scheduled duty change other than their regularly scheduled work period shall be compensated at one and one -half (1 %z) times the employee's regular pay rate for hours worked outside of the scheduled work period. • -7- i ARTICLE 14 - CourtXime An employee who is required to appear in court during their scheduled off -duty time shall receive a • minimum of two (2) hours pay at one and one -half (1 %) times the employee's base pay rate. An employee reporting to court after a scheduled dog -watch shift or any other shift ending between 0300 and 0600 hours shall receive a minimum of three (3) hours pay at one and one -half (1%) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for court appearance does not qualify the employee for the two (2) hour minimum. Employees shall not be required to work office or street duty to qualify for the court time minimum. An employee who is required to appear in court during their scheduled off -duty time shall be given 12 hours notification of cancellation of the court appearance. If the notification is not given prior to 12 hours, the employee will receive the two (2) hour court time minimum. I ARTICLE 15 Call Back Time An employee who is called to duty during their scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one -half (1 %2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hours minimum. ARTICLE 16 - Working Out of Classification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. • ARTICLE 17 - Standby Pay Employees required by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. ARTICLE 18 - Leaves of Absence 18.1 In cases of demonstrated need and where sick leave has not been abused, the Employer shall grant to employees a leave of absence without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence, the Employer will not permanently fill the employee's position and the employee's benefits and rights shall be retained. 18.2 An employee called to serve on a jury shall be reimbursed the difference between the amount paid for such service (exclusive of travel and expense pay) and compensation for regularly scheduled working hours lost because of jury service. 18.3 Employees ordered by proper authority to National Guard or Reserve Military Service not exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence without loss of status. Such employees shall receive compensation from the Employer equal to • the difference between his/her regular pay and the lesser military pay. -8- • 18.4 Employees called and ordered by proper authority to active military service in time of war or other properly declared emergency shall be entitled to leave of absence without pay during such service. Upon completion of such service, employees shall be entitled to the same or similar employment of like seniority, status, and pay as if such leave had not been taken, subject to the specific provisions of Chapter 192 of the MN Statutes. 18.5 Members of the bargaining unit will receive such additional leaves as provided for under State or Federal law, as the same laws may be amended from time to time. 18.6 Additional leaves of absence may be granted in the City Manager's discretion upon the same terms and conditions as then applicable to non -Union employees pursuant to the City's Personnel policy applicable to non -Union employees at the time of application for a leave of absence. ARTICLE 19 - Severance 19.1 An employee shall give the Employer two (2) weeks notice in writing before terminating his . employment. 19.2 Severance pay in the amount of one -third (1/3) the accumulated sick leave employees have to their credit at the time of resignation or retirement, times their respective regular pay rate, shall be paid to employees who have been employed for at least five (5) consecutive years. If discharged for just cause, severance pay shall not be allowed. ARTICLE 20 - Injury on Duty Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the employee's regular pay and Workers' Compensation insurance payments for a period not to exceed 720 hours per injury, not charged to the employee's vacation, sick leave, or other accumulated paid benefits, after a three (3) working day initial waiting period per injury. The three (3) working day waiting period shall be charged to the employee's sick leave account less Workers' Compensation insurance payments. ARTICLE 21 - False Arrest Insurance The City of Brooklyn Center shall maintain liability insurance that includes a provision for unlawfully detaining an individual when an employee is acting within the scope of their duties on behalf of the City of Brooklyn Center. ARTICLE 22 - Training 22.1 The Employer shall reimburse each employee who is required to maintain a license as a law enforcement officer under Minnesota Statutes, Section 626.84, et seg, for actual expenses of tuition, meals, travel, and lodging incurred in meeting the continuing education requirements of • the Minnesota Police Officers Standards and Training Board, not to exceed 48 hours of such training every three (3) years. The Employer need not make such reimbursement for -9- attendance at a course located less than sixty (60) miles from the City f Brooklyn Center and t yn such reimbursement shall not exceed similar allowances for state er employees. If the Employer p Y provides in- service training to its employees which meets the continuing education requirements of the Minnesota Police Officers Standards and Trainin g Board , and if the Employer p oyer provides its employees with an opportunity to attend such in-service training courses, to the extent that such opportunity is provided to each employee, the obligation of the Employer to reimburse such employee for expenses incurred in attending continuing education courses shall be reduced. 22.2 The Employer shall pay each employee their regular salary while attending continuing education courses whether or not such courses attended are in- service training courses or courses given by instructors other than the Employer. The obligation of the Employer to pay such salaries shall not exceed a total of forty-eight (48) hours every three (3) years. ARTICLE 23 - Post License Fees The Employer shall pay up to $90 for the cost of POST license fees for all employees requiring such license during each licensing period. ARTICLE 24 - Uniforms The Employer shall provide required uniform and equipment items. In addition, the Employer shall pay to the uniformed officers a maintenance allowance of $11 5.00 per year. Plainclothes officer(s) • shall be paid a clothing allowance of $525.00 per year. ARTICLE 25 - Holiday Leave 25.1 Employees shall receive eight (8) hours of holiday leave per month. Ninety -six (96) hours of holiday leave shall be advanced to employees on January 1" of each calendar year beginning on January 1" 2002. In the event an employee is not employed for the entire calendar year, the employee's holiday leave shall be reduced by eight (8) hours for each full month that the employee will not have worked in that calendar year. 25.2 Employees may use holiday leave with the approval of the Employer. 25.3 An employee who works on Martin Luther King, Jr. Day, Memorial Day, Independence Day, or Labor Day shall receive time and one -half (1 %2) employee's regular pay rate for all hours actually worked during the named holiday. 25.4 An employee who works on New Year's Day, Thanksgiving Day, or Christmas Day shall receive two times the employee's regular pay rate for all hours actually worked during the named holiday. 25.5 Except as provided in 25.3, overtime pay shall not be authorized for employees for hours worked on holidays when such work is part of the planned schedule. • -10- 25.6 An employee may request a holiday off, which he /she is required to work, prior to fourteen calendar days before the holiday. The Employer shall post the open holiday shift to be filled Y Y P P Y by another employee at the holiday rate of pay. The employee making the request for the holiday off is responsible for working the holiday if the posting is not filled five (5) days prior to the holiday. 25.7 Employees beginning employment after January I" of a calendar year shall receive eight (8) hours of holiday leave per month beginning on the first month in which they are working as of the first day of that month. Such employees shall receive an advance of holiday leave hours equal to eight (8) hours multiplied by the number of whole months they will work through December of the year in which they were first employed. 25.8 Any holiday leave not used on or before December 31 of each year will be deemed forfeited and shall not carry over into the next calendar year. ARTICLE 26 — Vacation Leave 26.1 Permanent full -time employees shall earn vacation leave with pay as per the following schedule: 0 through 10 years of service - one hundred twenty (120) hours per year (accrued at 4.62 hours per pay period) • eight (8) additional hours per year of service to a maximum of one hundred sixty (160) hours after fifteen (15) years of service 11 years - 4.92 hours per pay period. 12 years - 5.23 hours per pay period 13 years - 5.54 hours per pay period 14 years - 5.85 hours per pay period 15 years - 6.15 hours per pay period 26.2 Employees using earned vacation leave or sick leave shall be considered working for the purpose of accumulating additional vacation leave. 26.3 Vacation may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. Employees shall not be permitted to waive vacation leave and receive double pay. 26.4 Employees with less than five (5) years of service may accrue a maximum of one hundred twenty (120) hours of vacation leave. Employees with more than five (5) but less than fifteen (15) consecutive years of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of one hundred sixty (160) hours of vacation leave. Employees with fifteen (15) consecutive years or more of service (uninterrupted except for layoff not exceeding two (2) years duration in any single • layoff period) may accrue a maximum of two hundred thirty (230) hours of vacation leave. -11- I 26.5 Employees leaving the service of the Employer in good standing, after having given the • Employer proper notice of termination of employment, shall be compensated for vacation leave accrued and unused. ARTICLE 27 - Sick Leave 27.1 Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight (8) hours per month or 96 hours per year (computed at 3.69 hours per pay period) of full -time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use during the first six (6) months of service. 27.2 Sick leave shall be used normally for absence from duty because of personal illness or legal quarantine of the employee, or because of serious illness in the immediate family. hrunediate family shall mean brother, sister, parents, parents -in -law, spouse, or children of the employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers -in -law, sisters -in -law, grandparents, grandparents -in -law, and grandchildren of the employee. 27.3 Sick leave shall accrue at the rate of eight (8) hours per month or ninety -six (96) hours per year until nine hundred sixty (960) hours have been accumulated (shall be computed at 3.69 hours per pay period). Effective January 1, 1994, after nine hundred sixty (960) hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month or forty- eight (48) hours per year (computed at 1.85 hours per pay period), and simultaneously • vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month or twenty -four (24) hours per year (computed at .925 hours per pay period). Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workers' Compensation benefits shall be credited against the compensation due employees utilizing sick leave. 27.4 In order to be eligible for sick leave with pay, an employee must: a. notify the Employer prior to the time set for the beginning of their normal scheduled shift; b. keep the Employer informed of their condition if the absence is of more than three (3) days duration; c. submit medical certificates for absences exceeding three (3) days, if required by the Employer. 27.5 Employees abusing sick leave shall be subject to disciplinary action. ARTICLE 28 - Insurance 28.1 2003 Full -time employees Effective 1/1/03, the City will contribute payment of five hundred fifteen dollars ($515) per month per employee for use in the Employer's Cafeteria Benefit Plan. Additional benefits may be purchased by the employee as made available through the Employer's Cafeteria • Benefit Plan. -12- V 28.2 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide • payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use as provided in the Employer's Cafeteria Benefit Plan. The Employer will make a good faith effort to provide the following options for employee selection: group dental, supplemental life, long -term disability, deferred compensation or cash benefits. The Employer will be excused from the requirement of offering a particular option where such becomes unfeasible because of conditions imposed by an insurance carrier or because of other circumstances beyond the City's control. ARTICLE 29 - Wage Rates Effective January 1, 2003 the employee's hourly rate will be $31.60. Effective July 1, 2003 the employee's hourly rate will be $31.97. ARTICLE 30 - Benefits for Retirees Retirees at the time of retirement, shall receive the same options and level of City contribution for insurance coverage upon retirement as are provided by the City's Personnel Policy covering non - Union employees as such options and contributions may be changed by the City from time to time. ARTICLE 31 - Mileage and Expense Reimbursement • Employees shall receive the same mileage and expense reimbursement rates upon the same terms and conditions as generally provided in, the City's Personnel Policy covering non -Union employees as such policy may be changed by the City from time to time. ARTICLE 32 - Light Duty Members of the bargaining unit will be eligible for temporary light duty assignment upon approval of the City Manager upon such terms and conditions as would apply to non -Union employees of the City as set forth in the City's personnel policy, as the same may be amended from time to time by the City. ARTICLE 33 - Agreement Implementation Employer shall implement the terms of this Agreement in the form of a resolution. If the implementation of the terms of this Agreement require the adoption of a law, ordinance, or charter amendment, the Employer shall make every reasonable effort to propose and secure the enactment of such law, ordinance, resolution, or charter amendment. ARTICLE 34 - Waiver 34.1 Any and all prior Agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the • provisions of this Agreement, are hereby superseded. -13- 34.2 The parties mutually acknowledge that during the negotiations which resulted in this • Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at b the parties are set forth in writing in this Y p g Agreement for the e stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 35 - Duration This Agreement shall be effective as of January 1, 2003 and shall remain in full force and effect until the thirty-first (3 1) day of December, 2003, as noted in the contract. IN WITNESS THERETO, the parties have caused this Agreement to be executed this day of , 2003. FOR LAW ENFORCEMENT LABOR SERVICES NO. 86 Business Agent Union Steward Union President FOR THE CITY OF BROOKLYN CENTER Union Steward City Manager • -14- City Council Agenda Item No. 9i Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION DECLARING SURPLUS PROPERTY AND AUTHORIZING SALE OF SAID PROPERTY WHEREAS, the City Council, on February 10, 2003, adopted Resolution No. 2003- 29 authorizing the purchase of self contained breathing apparatus for the Fire Department, consisting of new air paks, spare bottles, and one RIT pak; and WHEREAS, the Fire Chief has been contacted by local Fire Departments regarding purchasing the Fire Department's used air paks; and WHEREAS, the Fire Chief has determined that the sale of the used air paks to other governmental Fire Departments will realize a greater return than to offer them for sale in an auction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the surplus items, consisting of approximately 36 Scott air paks and 40 spare air bottles, are hereby declared surplus property and are hereby authorized for sale to other governmental Fire Departments. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that when received, the compensation for the surplus property will be deposited into the Vehicle Replacement Fund. 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. • TEf rR A R Brooklyn Center Fire F Memorandum IRE DEPT. TO. Michael McCauley City Manager FROM: Ron Boman Fire Chief SUBJECT: Used Air Pak DATE: February 13, 2003 I have had a few fire departments that have called me to inquire if I will be selling our old air paks when we receive our new units. By the City selling them ourselves we will receive approximately $800 for the air -paks with a bottle and I should be able to get between $300 and $400 for each spare bottle. If we were to ask a dealer to purchase them from us we will only receive $500 for the air pak and $250 for the spare bottle. • Because we have kept these units in top operating condition I am recommending that I be allowed to sell them to small fire department that currently need air paks for $850 for the air pak air bottle and $400.00 for each spare air bottle. I feel that selling them by this method the City will realize the best return for the old units rather than trying to auction them off or trade them in. Also, if I trade them in I will probably have to retum -some money to FEMA because this would reduce the amount of the grant money needed for replacement. I did not figure any trade -in value when I applied for the grant, as I did not realize that our old units were still quite valuable for resale to other departments. I would also like to recommend that we put the money we receive from the sale of the old air paks be placed into the vehicle replacement fund for Engine 6 (101), the 1986 Ford pumper that is seriously under funded at this time and is due for replacement in 2007. This would greatly help us in replacing this unit in a timely manner. Thanks for your consideration in this manner. If you would like to meet with me regarding this matter please call or e-mail me. •