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HomeMy WebLinkAbout2003 03-24 CCP Regular Session r AGENDA CITY COUNCIL STUDY SESSION March 24, 2003 6:00 P.M. Council Commission Conference Room 1. City Council discussion of agenda items and questions 2. Update on Summerchase: Bill Clelland I 3. Geological Marker at Palmer Lake 4. Miscellaneous 5. Adjourn I I v BROOKLYN CENTER SUMMERCHASE COUNCIL BRIEFING The physical condition and the management and operation of Summerchase has long been a problem for the city. Owners Brooklyn Center Leased Housing Associates LLP and Brooklyn Center. Leased Housing Associates, LLC and their owners Brachman, Sween, Safar and Brierton did not maintain the buildings in good condition nor according to codes and were very slow to respond to tenant complaints and city compliance orders. There have also been, historically, high rates of crime and calls for police services. As to most recent events, in the fall of 2000, SC did not qualify for renewal of its rental license due to building and housing maintenance code violations and lack of compliance with compliance orders. They were allowed to operate temporarily on condition that the orders be complied with and their regular rental license was renewed in April 2001. At that time, the owners were cautioned that civil and criminal enforcement would follow without prior issuance of notices and compliance orders since the owners have an affirmative obligation to keep the premises in good condition and in compliance with all laws even before any city complaint. In the summer of 2001, the Minnesota Housing Financing Agency of the state completed an inspection and found many substandard conditions existed and declared the premises to be out of compliance and required that the city certify that the premises had been brought into compliance. The city began negotiations with the owners for inspections which ultimately failed so the city undertook its own inspections in January and February 2002, finding numerous building and housing maintenance code violations. Criminal prosecution was also commenced over the presence of junk vehicles in the parking lots, although the defendants were acquitted. In response, the owners commenced a series of lawsuits against the city and Mike and Brad, alleging racial discrimination, etc. The city brought a hazardous building action to compel the owners to rehabilitate the apartments and premises and compliance orders also to that effect. The hazardous building action dealt with major structural and hazardous conditions such as leaking roofs, mold infiltration, substandard balconies, missing or inoperable smoke detectors, missing or defective smoke gaskets, inoperable bedroom windows, deteriorated subflooring, deteriorated entry doors and the absence of safety glass. The compliance orders dealt with less serious violations such as need for painting, appliance repair, worn carpeting and/or flooring, etc. Settlement was achieved in late 2002 by which the owners dismissed all their lawsuits against the city and Mike and Brad, with prejudice, meaning those claims could never again be brought and they further agreed to rehabilitate the buildings. It was explicitly agreed that the city would not contribute any money or value to the rehabilitation and the owners affirmed they had sufficient resources to complete the contemplated repairs. i 4 The owners agreed to achieve a number of goals, including compliance with the city's compliance orders dated and served 8 July 2002 not later than 31 December 2002, which now has taken place and remediation, repair and rehabilitation of all items in the council resolution not later than 1 April 2003. STS has furnished several color -coded spread sheets, one dated 24 February 2003, one dated 3 March 2003 and the most current dated 20 March 2003, listing what work has been done by those dates and what work is left to do. City staff and I met with STS, contractor representatives, premises manager Jim Halvorson and the owner's attorney on Thursday, 20 March to review their progress, confer and reach agreement on the remaining remedial work and to consider the request of STS for additional time within which to complete the required repairs. WORK COMPLETED TO DATE. STS asserts and city inspections confirm that, to date, the owners have accomplished the following: 1. Roof repair. Complete roof replacement has been accomplished at buildings 2802/2806, 2810/2814 and 2912/2916. Roof repair has been accomplished at the other 8 buildings so that there will not be further water intrusion. These other roofs will be completely re- roofed within the next several years according to a schedule approved by the city staff. 2. Balconies. Most of the balcony repair has taken place. All footings have been repoured. The city's own experts were not concerned that the balconies would collapse, even in view that some of the posts were cracked, but recommended additional reinforcement. That will take place in the form of (1) reinforcing the rails to the building, (2) binding or screwing the cracked beam and (3) flashing and caulking to prevent water intrusion. STS and Halvorson confirm this will be done by 1 April, 2001 Larry Martin also wants the lower stucco behind the decks checked and repaired as necessary and we agreed this could be done after the deadline, if necessary. 3. Safety glass at entries. All safety glass has now been installed as a part of installation of new entry doors. An issue arose in our meeting however, since the overhead pieces or transoms are deteriorated and it was expected that these would be repaired/replaced as a part of this work. It was agreed that this work will now be done and every effort will be made to, , do so by the deadline. Larry Martin says this is not a life - safety issue so it could wait if necessary. 4. Smoke detectors and smoke gaskets. All repairs have been accomplished. 5. Windows. All inoperable windows have now been repaired as required. 2 t 6. Subfloors. The city had a concern that toilets were leaking and that human waste might have contaminated some apartment subfloors. Many toilets were loose and some floors were noted to be soft or spongy. STS shot infrared scans of 25% of the floors randomly and stated that while there was evidence of some leaking, it was from supply valves and/or tub fixtures or tub overflowing such that contamination would not be present. All damaged areas have been repaired now. During our meeting with STS and other interested parties last Thursday, I specifically raised this point because I could not reconcile the city inspector's opinions that toilets were loose and that this indicated they were likely leaking. The city inspector s had also previously seen a plumbing chase with evidence that raw sewage had leaking around and down it. As a result of our meeting, it was agreed that by Tuesday, Larry Martin would identify the specific apartments where contamination was suspected and he and STS would agree upon an inspection protocol to physically investigate these floors. These areas would be those where the city specifically noted loose toilets and soft floors and those apartments, numbering about 40 where the entire ceilings had been replaced. Larry was satisfied that the other buildings could have been checked by the infrared scans. They would also investigate the plumbing chase which has since been covered up. 7. Mold remediation. During the 3 complete roof replacements, the underlying roof substructures were repaired as necessary as much was deteriorated and moldy due to the intrusion of water. Rehabilitation of the third floor apartments and in some cases, second floor apartments took place to remove moldy insulation and sheetrock and remediate the mold and restore the apartments. STS asserts that they have remediated the mold found by first securing the areas so that further water will not intrude which maintains mold growth and second by treating the mold with bleaching products to kill it, which Larry Martin approves. After repair, subsequent air testing shows no elevated readings. Most of this work has been accomplished but some work remains at certain apartments, numbering about 18 in all. At our Tuesday meeting, I raised the issue that a number of areas at the wall air conditioner showed signs of water infiltration and therefore suspected mold and/or rot. It was specifically agreed that STS and the city staff would inspect each of these areas carefully, make their findings and develop any necessary repair protocols. WORK TO BE FINISHED AFTER 1 APRIL 2003. I was displeased to receive the request from STS for more time to provide for complete compliance with the settlement agreement. In a letter dated 19 March, 2003, STS states that they have taken additional mold samples from 18 apartments, out of a total of 252, and due to the time it takes to culture the samples to determine the type of mold, about 10 days, they will not know the type of mold with which they are dealing until about the first of April. If additional repairs are then necessary, those would take place after the deadline. STS is estimating that they might need an additional four weeks to finish this work. 3 I t I inquired as to why this work could not have been done sooner. I had written several letters to the STS staff last fall, reminding them of the deadline and stressing the need to proceed as expeditiously as possible so as to meet that deadline. The attorney for the owners also wrote STS echoing my thoughts. From our discussion and the explanations from various parties, I learned that the deadline of I April, set forth in the settlement agreement, had not been set after consultation with STS but had been somewhat arbitrarily set by the attorneys for the owners. Jim Halvorson had previously told me that last fall he had incurred repair costs and had engaged contractors without actually having the owner's money in his firm's accounts but had decided not to do so again and required deposits before he proceeded. I fully understand his position. The attorney for the owners said that it took them some time to arrange the financing for this project, which I imagine is quite expensive. I'm not sure why the owners did not and could not have arranged financing earlier since the negotiations as to settlement were lengthy and they always knew the city would insist upon rehabilitation of the premises to code. STS confirmed that the owners had been cooperative and they do not attribute delays to them once the construction began. Jim Halvorson specifically stated, upon my inquiry, that any delays were NOT due to an action or inaction on the part of the city. MY THOUGHTS AND RECOMMENDATIONS AS TO THE EXTENSION OF TIME According to the terms of the settlement agreement, STS is the project manager. All rehabilitation of the premises must take place according to appropriate construction standards and must meet all codes and laws but STS has the authority to select the means, manner and timing of construction. All work was to be completed by I April, 2003 but the agreement provides that STS, in its discretion, could extend the time "based upon circumstances, conditions or events that arise which STS Engineering deems warrant an extension (including events beyond BCLHA's [the owners] control such as unexpected construction delays, delays by the city, weather delays, the need for additional testing and/or unanticipated complications with repair work.)" I don't think this need for additional testing arises from unanticipated conditions or surprises, weather or other, similar causes. I personally think there was tension among the owners and Jim Halvorson, the premises manager, about furnishing the funds and it took Halvorson some time to prevail. If disputes arise as to the nature, reasonableness, scope or timing of repairs, STS makes the final decision although Judge Ann Alton maintains jurisdiction for the next three years and would ultimately supervise this settlement, including the actions of STS. STS has honored all the city's prior requests for additional work and/or inspection. 4 v, Where we have questioned the adequacy of investigation, work and/or documentation of work, they have agreed with our requests. As an example, the roofing contractor once opened a roof, completed the work, called for an inspection and when he could not reach an inspector, closed the roof. We raised a strenuous objection and later learned that the contractor was working on Martin Luther King Day, which is not a day for the conduct of public business so he could not have the work inspected. Upon our demand, the roof was reopened for inspection. I recommend that the city agree to the extension for several reasons: Great progress as to the required repairs has already been made and most of the work will have been completed by the deadline. If we objected, STS has the power initially to make the decision and since we would disagree, by the time we obtained a hearing before Judge Alton, likely all the work would have been done. I don't think the judge would be very receptive to the city's objection since so much work has already been done. While we have been required to be very diligent in enforcing this agreement and compelling their attention to details, I am very satisfied with the performance of their manager, Jim Halvorson and the results he has achieved. I find him to be open, honest and very receptive to our concerns. I know, based upon my own prosecution duties and after conferring with Captain McComb, that police and service calls to the complex are down significantly. Halvorson has evicted troublesome tenants and their own security force now prevents much trouble and/or deals with it prior to the necessity of tenants calling for police assistance. While reduction of service calls was not a specific term of this agreement, it is a component of good management and was an objective the city was seeking. Halvorson established regular times for meeting with and conferring with city staff and I am not aware of any request on the part of the city which he has refused. His performance leads me to believe that all the work will be completed very soon. Respectfully submitted, William G. Clelland City prosecutor 5 City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCaule City Manager I Date: March 24, 2003 Re: Geological Marker at Palmer Lake Attached is a memorandum from Jim Glasoe regarding the lack of funding for a geological marker at Palmer Lake Park. I would recommend that the City take no action on this matter given the important work needed to respond to our own potential funding losses. 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 Cat O Brooklyn City f Center A Millennium Community MEMORANDUM DATE: March 19, 2003 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services ` SUBJECT: Geological Marker- Palmer Lake Park As you know, we have been working with the Minnesota Department of Transportation on placement of a geological marker in Palmer Lake Park. Project plans had been completed and cooperative agreements drafted. They were intending on building the monuments and placing the markers this summer. However, I have just received notice (copy attached) that the Federal funding for this project was not approved. As a result, MnDOT will not be placing the marker as anticipated. They will be providing the monument plans to the City and have suggested that we attempt to secure alternate funding for the project. Specifically, they suggested and application to the Legislative Commission on Minnesota Resources (LCMR). While MnDOT may consider this project a priority, I am not certain I share their enthus a-sm.; With the anticipated budget reductions, we might want to save our application for a more needed project. Please let me know how you would like to proceed. 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 Minnesota Department of Transportation may} Transportation Building °F 395 John Ireland Boulevard Saint Paul, Minnesota 55155 -1899 February 21, 2003 Jim Glascoe, City of Brooklyn Center Larry Holmberg, Ramsey County Parks and Recreation Del Miller, Three Rivers Park District Mary Lynn Pinscher, Minneapolis Park Board Sharon Speer, City of Fountain Joel Stedman, DNR'Parks Doug Zbikowski, Geological Society of Minnesota (GSM) Dear Minnesota Geological Marker Project Partner: This letter is an update on the status and future of State Project 8809 -210, Phase II Geological Marker Project we all have been involved in. It is with deep regret that I must inform you that after reviewal of the project by the Federal Highway Administration it has been determined that the project is not eligible to receive federal transportation enhancement funds. Mn/DOT committed to this project in the belief that the project would have direct ties to the State Trunk Highway System. Since that time two things have occurred that make our involvement in the project impossible. First is the Constitutional Issue that makes it impossible for us to use Trust Funds for other than Trunk Highway purposes. Second is that the Federal Highway Administration has ruled that this project has no direct ties to transportation and under the stricter rules for Transportation Enhancement projects cannot be approved for federal funding. You may recall that Phase I was completed a few years ago. Phase I included the historic restoration of existing markers that were located on Mn/DOT right -of -way. These historic markers were in direct proximity to the roadway, therefore having a direct relationship with transportation. Phase II involves the construction of new markers on non- Mn/DOT owned property and sites located away from the transportation system, and does not have a direct relationship with transportation. Projects must meet transportation relationship criteria to qualify for federal transportation funds. As you know, there has been a great deal of work completed to date by GSM and M. -1/DOT staff as well as others involved in the project. In an effort, to assist others in completing the project, Mn/DOT is willing to pass along the Plan set, that is approximately 85% complete, as well as other documents and information as appropriate. In addition to providing a very good start for an independent consultant to use in continuing this work, these documents will be very helpful in pursuing funding from other sources. We suggest that one of these funding sources be the Legislative Commission on Minnesota Resources (LCMR). Thank you for your involvement with this project. We appreciate your hard work and wish you the best in completing this project. Sincerely, f . Cit Richard Ste hr, Division Director Engineering Services Division An equal opportunity employer ® ** Revised ** CITY COUNCIL MEETING City of Brooklyn Center March 24, 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. - Shelly Kregness 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. March 10, 2003 - Study Session 2. March 10, 2003 - Regular Session 3. March 17, 2003 - Work Session with Commission Chairs b. Licenses • ** Revised ** CITY COUNCIL AGENDA -2- March 24, 2003 C. Resolution Authorizing the Consent to Enter Into Communications System Subscriber Agreement with Hennepin County d. Approval of Summary from City Council Retreat Conducted on March 3, 2003 e. Resolution Authorizing Issuance of a Lawful Gambling License to the Brooklyn Center Fire Dept Relief Association to Operate a Pull -Tab Machine(s) at the Duoos Bros American Legion Post 630 f. Authorization for Replacement of Underground Storage Tanks at Centerbrook Golf Course g. Approval of Various Site Performance Guarantee Releases h. Resolution Authorizing the City of Brooklyn Center to Enter Into an Agreement with Inspec, Inc. to Provide Engineering Services for the Partial Re- roofing of the Hippodrome of the Earle Brown Heritage Center i. Proclamation Declaring May 1, 2003, As Space Day j. Proclamation Declaring May 18 Through 24, 2003, As Save A Life Week k. Resolution Approving Contract Addendum for Driveway and Sidewalk Repair and Replacement, Improvement Project Nos. 2000 -01, 02, and 03 and 2000 -19, Contract 2000 -13, Garden City Central Street. Storm Drainage, Utility Improvements and Alley Reconstruction 8. Northwest Hennepin Human Services Council a. Northwest Regional Human Rights Coalition Art Contest Winners b. Presentation from Kathleen Roach, Executive Director 9. Council Consideration Items a. Resolution Expressing Recognition and Appreciation of Lauri Winters - Requested Council Action: - Motion to adopt resolution. • ** Revised ** CITY COUNCIL AGENDA -3- March 24, 2003 b. Resolution Expressing Appreciation for the Gifts of the Brooklyn Center Lions Club in Support of the Earle Brown Days Parade and Entertainment in the Parks Activities -Requested Council Action: - Motion to adopt resolution. C. Proclamation Declaring April 6 Through 12, 2003, To Be Community Development Week -Requested Council Action: - Motion to adopt proclamation. d. An Ordinance Repealing Chapter 21 of the City Ordinances of the City of Brooklyn Center and Adopting a New Ordinance Regarding Taxicabs - Motion to approve first reading and set second reading and public hearing on April 14, 2003. e. 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 continue to April 14, 2003. f. Resolution Amending 2003 Pay Plan for Positions of Police Chief and Police Captain -Requested Council Action: - Motion to adopt resolution. g. Resolution Amending Section 12.3 of the City's Personnel Rules and Regulations -Requested Council Action: - Motion to adopt resolution. h. Social Services Funding -Requested Council Action: - Direction to staff on participation. i. Resolution Authorizing Interfund Loan and Repayment of Interfund Loan from Special Assessments as Paid -Requested Council Action: - Motion to adopt resolution. ** Revised ** CITY COUNCIL AGENDA 4- March 24, 2003 j. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2003 -01, 02, 03, and 04, Happy Hollow Area Street, Storm Drainage, and Utility Improvements -Requested Council Action: - Motion to adopt resolution. k. Health Insurance for Elected Officials -Requested Council Action: - Council direction. 1. Replacement of Public Safety Software -Requested Council Action: - Approval of payment of entire amount in 2003 and use of Capital Project Fund monies. m. Report on Governor's Proposal for Local Government Aid (LGA) Cuts -Requested Council Action: -None, report only. n. Report from City Attorney on Housing Bonds and Policies -Requested Council Action: -None, report only. 10. Adjournment City Council Agenda Item No. 7a • 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 MARCH 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 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 Interim Assistant City Manager Sharon Klumpp, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Councilmember Carmody discussed agenda item 7b, Licenses, as it relates to multi - family rental property at 4216 Lakebreeze Avenue North. She informed the Council that the Housing Commission was working on an ordinance amendment that would provide a provisional rental license for multiple dwellings if there are excessive police complaints at each unit. There was discussion regarding the violations listed in the memorandum for 4216 Lakebreeze Avenue North and whether the violations per unit were the same violator and whether the property would fall under the provisional rental license requirement. Councilmember Peppe raised the issue of the wellness leave in agenda item 9g, Resolution Approving the Contract for Law Enforcement Labor Services (LELS) Local 82 and the City of Brooklyn Center for the Calendar Year 2003. Council reviewed sections of the labor contract and concurred that the wellness leave was not carried over from year to year, rather it was paid out to the employee. Councilmember Niesen discussed 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. She inquired about the need to change the ordinance, as well as what types of items the City receives and their value and disposition. She asked if a Council policy would need to be adopted to receive an annual year -end report of the items on the police log. Council discussed previous auctions held at an auction house in Big Lake to sell surplus City property. • 03/10/03 -1- DRAFT i Ms. Klumpp explained that the ordinance amendment would bring the City's ordinance in • conformance with State Statutes. She also noted that it is the Council's discretion for oversight and the entire Council should look at and determine what information they need to have appropriate oversight. COUNCIL MEMBER NIESEN: DECORATING WALL BEHIND COUNCIL DAIS Councilmember Niesen asked that Study Session agenda item 3 be discussed before item 2. Council discussed options for placing something on the wall behind the Council dais to identify Brooklyn Center for those people viewing the Council meeting on cable or tape. Suggestions were flags, paintings of Earle Brown Heritage Center or other paintings the City may have on hand, Brooklyn Center photos, seeking a donation for a sign to be painted, and a community contest to design the wall. COUNCIL MEMBER NIESEN: RETENTION OF COUNCIL MEETING VIDEO TAPES Ms. Klumpp provided the Council with the State Statute and web site address for the General Records Retention Schedule. Councilmember Niesen raised the issue of the cable communications funds and how it is spent. Ms. Klumpp explained the City receives a grant to pay for staff to video tape Council meetings and occasionally for producing an employee training tape. • Councilmember Niesen said she would like to see retention of Council meeting video tapes as an action item on the regular Council agenda. She inquired if Council meeting video tapes used to be kept one year. City Clerk Sharon Knutson responded that at times tapes were kept for up to a year or more because destruction was done when time allowed. She further stated that since 2001 when the administrative offices moved to the City Hall lower level, Council meeting tapes are physically located in the administrative offices and kept for three months according to the General Records Retention Schedule. City Attorney Charlie LeFevere explained there must be a log of minutes on a physical medium that will last over time. He also noted that there is no requirement to video tape Council meetings and that the Council video tape cannot replace the written record. Ms. Klumpp outlined the General Records Retention Schedule relating to Council video tapes, which was included in the Study Session packet. She informed Council that it was within Council discretion to change the policy. MISCELLANEOUS There were no miscellaneous items discussed. • 03/10/03 -2- DRAFT • ADJOURNMENT The City Council Study Session adjourned at 6:59 p.m. City Clerk Mayor • • 03/10/03 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 10, 2003 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM Mayor Kragness opened 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 Interim Assistant City Manager Sharon Klumpp, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM • The Council adjourned Informal Open Forum at 6:45 p.m. and continued with its Study Session. 2. INVOCATION Councilmember Carmody 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 Interim Assistant City Manager Sharon Klumpp, City Attorney Charlie LeFevere, Acting City Engineer Scott Brink, and City Clerk Sharon Knutson. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. • 03/10/03 -1- DRAFT • 6. COUNCIL REPORT Councilmember Carmody said she attended Read Across America at Evergreen Park Elementary School, and that she was also involved in the Minnesota Minority Education Partnership at the school. Councilmember Lasman reported she attended the City Council retreat on March 3 and the Northwest Regional Human Rights Coalition meeting on March 4. She said seven of the 2003 art contest winners were from Brooklyn Center schools, and they've been invited to display their artwork in the Brooklyn Center Council Chambers at the March 24 City Council meeting. She encouraged the public to attend the Heritage Festival on March 23 from 12:30 to 4:30 p.m. at Brooklyn Center High School. She also invited the public to attend a Presentation and Community Forum on the USA Patriot Act at the Robbinsdale City Hall on March 27 from 7 to 9 p.m. Councilmember Niesen stated she attended the League of Minnesota Cities Leadership Conference for Newly Elected Officials and indicated she was educated on her new role as a Council Member. She also attended the March 3 City Council retreat. She invited the public to attend a town meeting hosted by Senator Scheid and Representative Hilstrom on March 11 from 7 to 8:30 p.m. in the City Hall Council Chambers. She noted she had attended the town meeting in Brooklyn Park, since she would not be able to attend the Brooklyn Center town meeting. • Mayor Kragness reported that she attended the Association of Metropolitan Municipalities meeting and met Peter Bell, Chair of Metropolitan Council. She noted that she invited Mr. Bell to meet with City officials in Brooklyn Center. She also attended the Hennepin County Welfare Reform committee meeting and discussed how they are seeing in increase in the number of new people applying for welfare due to the economy. Mayor Kragness expressed appreciation for the public service of Sharon Klumpp for her services as Interim Assistant City Manager /Public Works Director over the past few months and presented a gift of flowers from the City Council. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Niesen requested agenda item 7a, Approval of Minutes, be removed from the consent agenda and placed as item 9j under Council Consideration Items, as she had some revisions. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the agenda and consent agenda as amended. Motion passed unanimously. 7a. APPROVAL OF MINUTES Approval of Minutes was removed from the Consent Agenda and moved to item 9j under Council • Consideration Items. 03/10/03 -2- DRAFT 7b. LICENSES • A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following.list of licenses. Motion passed unanimously. 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 7c. 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 There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve an 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. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING CHAPTER 4, SECTION 4.05, OF THE BROOKLYN CENTER CITY CHARTER Mayor Kragness introduced An Ordinance Amending Chapter 4, Section 4.05, of the Brooklyn Center City Charter, explaining the ordinance was introduced on February 10, 2003, and published in the City's official newspaper on February 19, 2003, and is offered this evening for a second reading and Public Hearing. Interim Assistant City Manager Sharon Klumpp explained that this ordinance amendment was recommended by the Charter Commission to bring the City Charter into conformance with State 03/10/03 DRAFT • Statutes. The change would lengthen the withdrawal period for a candidate filing for office from noon on the day following the last day to file affidavits of candidacy to no later than 5:00 p.m. two days after the last day for filing affidavits of candidacy. There was a motion by Councilmember Carmody, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one appeared to speak at the Public Hearing. There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2003 -01 Member Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 4, SECTION 4.05, OF THE BROOKLYN CENTER CITY CHARTER The motion for the adoption of the foregoing ordinance was duly seconded by member Carmody. Motion passed unanimously. • 8b. IMPROVEMENT PROJECT NOS. 2003-01,02, AND 03 HAPPY HOLLOW AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Ms. Klumpp explained that in 2002 the City Council had identified and established the Happy Hollow improvement project for the year 2003. She said there were two Public Hearings scheduled for this evening. The first was to order the improvements and authorize development of plans and specifications. She further stated that if the City Council orders the project, then the second Public Hearing would be to certify special assessments for the improvement project area to the Hennepin County tax rolls. Interim City Engineer Scott Brink provided some history on the street improvement program, stating the program began approximately ten years ago. He showed an overhead of the city, describing which areas had been improved and the portions that are left for improvement. Mr. Brink described the Happy Hollow project area as 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. Mr. Brink reviewed the tentative schedule for the project, which sets May 1 as a start date and • September 15 as a construction substantially completed date. He said an informational neighborhood 03/10/03 -4- DRAFT I meeting regarding the project was held on January 16 and was very well attended. • Mr. Brink referenced the Engineer's Feasibility Report included in the agenda packet and described that the proposed improvements include street, sanitary sewer, water mains, and storm drainage. He stated the estimated total cost for the project was $2.2 million and reviewed a breakdown of the funding sources. He said it is proposed to reconstruct the streets as two lane roadways measuring 30 feet in width, along with curb and gutter and driveway aprons. He said the sanitary sewer lines are also proposed to be replaced, and he explained that televised inspections of the sanitary sewers have indicated that root infiltration is significant throughout the majority of the system in the Happy Hollow project area and property owners have indicated they have had sewer problems. Mr. Brink stated if the project were approved this evening, then the plans and specifications would come before the City Council for approval. He also noted that a pre - construction meeting was proposed to be held with the residents before the project begins and informed that information would be provided to residents during the construction project through the construction hotline and project newsletters. 8b1. 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 There was a motion by Councilmember Carmody, and seconded by Councilmember Niesen to open • the Public Hearing on a 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. Motion passed unanimously. Carolyn Winston, 5001 Brooklyn Boulevard, addressed the Council explaining that she had only lived in her home for 1 1/2 years and the cost of the special assessment would be a hardship at this time. She said she was unable to attend the neighborhood meeting and inquired if she could spread the cost out over a period of time. Mayor Kragness responded that there was an option available to pay for the assessment over a ten - year period, with 5.5% interest. There was discussion regarding the location of Ms. Winston's property on the corner of 50th and Brooklyn Boulevard and what options may be available for her. Mayor Kragness directed that the City Engineer work with Ms. Winston to resolve her concerns. Leo Hanson, 4903 Brooklyn Boulevard, addressed the Council and explained that his property is on a corner lot, and he has taken care of a pie shaped parcel of City -owned property for a number of years and inquired what will happen with that piece. He further stated he is getting too old to maintain the property but doesn't want it to become filled with litter and debris. • 03/10/03 -5- DRAFT • There was discussion regarding the location of Mr. Hanson's property and the City -owned area of concern. Mr. Brink said he believes that Mr. Hanson's property has an unusually large boulevard due to an easement. He also indicated that since the plans are still being drawn, the area could be reviewed. Council expressed appreciation to Mr. Hanson for maintaining the City -owned parcel and directed that the City Engineer work with Mr. Hanson to resolve his concerns. Dan Remiarz, 6201 June Avenue North, addressed the Council inquiring how the improvement project areas are determined each year and what criteria the City uses and why his neighborhood is not scheduled for another five years, yet areas surrounding his neighborhood have been completed. Councilmember Carmody responded to Mr. Remiarz, explaining that a rating system is used and areas are evaluated based on water quality problems, drainage, or other conditions affecting neighborhoods. Mr. Brink further explained that some projects have been moved up because of sanitary sewer conditions and drainage problems and cited two examples were Orchard Lane and the Southeast area. He informed Mr. Remiarz that a neighborhood petition for the improvement project is always an option. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. • RESOLUTION NO. 2003 -38 Member Peppe introduced the following resolution and moved its adoption: 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 The motion for the adoption of the foregoing resolution was duly seconded by member Lasman. Motion passed unanimously. 8b2. 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 Following Council approval of the Happy Hollow Improvement Project, Ms. Klumpp introduced the Public Hearing for certifying special assessments for the project. She explained that the City Council established the special assessment rates in 2002, and the residential rate for street improvements is $2,500 and $820 for sanitary sewer. She reviewed the options outlined in the Council resolution, 1) the special assessment could be paid between March 11 and September 30, 2003, without accrual of • interest; 2) from October 1 to the end of the business day on November 24, 2003, the special 03/10/03 -6- DRAFT assessment could be paid, with 5.5% interest calculated from October 1, 2003, to the date of the . payment; or 3) the special assessment could be payable in equal annual installments extending over a ten -year period bearing interest on the entire assessment at the rate of 5.5 %. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing on a 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. No one appeared to speak at the Public Hearing. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2003 -39 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2003 -01 AND 2003 -02, CONTRACT 2003 -A, HAPPY HOLLOW AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman. Motion passed unanimously. Sc. 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 Ms. Klumpp introduced the Public Hearing on proposed special assessments for diseased tree removal costs, delinquent weed removal costs, and delinquent public utility service accounts. She said there are three separate resolutions before the City Council to certify the special assessments, each with a list of properties to be levied. She further stated there was a significant reduction in the number of properties to be levied from the first notice mailed out to this evening's final list. • 03/10/03 -7- DRAFT • There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to open the Public Hearing on proposed special assessments for diseased tree removal costs, delinquent weed removal costs, and delinquent public utility service accounts. Motion passed unanimously. No one appeared to speak at the Public Hearing. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2003 -40 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody. Motion passed unanimously. RESOLUTION NO. 2003 -41 Member Lasman introduced the following resolution and moved its adoption: • RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT S INQ T E WED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody. Motion passed unanimously. RESOLUTION NO. 2003 -42 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. DISCUSSION AND CONSIDERATION OF CITY COUNCIL POLICY ON OPEN FORUM: REQUEST OF DAN REMIARZ • 03/10/03 -8- DRAFT Mayor Kragness asked Mr. Remiarz to address the Council with his agenda request. • Mr. Remiarz addressed the Council and said he believes the Open Forum should be televised as part of the Council meeting in the Council Chambers. He said issues are brought up at Open Forum that residents don't know about because it is not televised. He stated he believes there is secrecy from residents. He also informed that he will check the law and would file a lawsuit if Open Forum were not televised, as he believes it should be. Mayor Kragness explained that the Council chose to remove the Open Forum session from live cablecast for many reasons, one of which was that people were not comfortable in front of the camera but would speak to the Council off camera. She further stated that the Council wants to hear from the people, and the Open Forum is open to the public for anyone to attend. She deferred to the City Attorney for his position on Open Forum. City Attorney Charlie LeFevere said that the Open Forum session is within Council discretion, and most public bodies do not provide an Open Forum session as part of the televised meeting. He said a televised Open Forum should not be a political platform to express ideas. He explained there are certain cases where law requires a public hearing that provides an opportunity to hear the public. He also said he was quite confident that there were no legal requirements to televise Open Forum. Councilmember Niesen stated that one of the things that she has talked about was a citizen survey to see what residents think and what they know. She said that things change and maybe it was time to review the Council policy on Open Forum. She further stated that she participated in Open Forum a • number of years ago when it was televised and she believed there were no time limits. She asked what harm residents could do if they addressed the Council in a televised Open Forum. Mayor Kragness responded that in Open Forum the Council only listens to the people. She further stated that the people can make any statement, but the Council cannot respond and it may put the Council in a bad position. Councilmember Peppe informed that anything the Council discusses, whether at work sessions or in the study session, will eventually be discussed at a regular Council meeting. He further stated that nothing is done off the air that people don't laiow about. He said he recalls when the Open Forum was televised and it was used as a political platform during election season to take shots at others. He reiterated that the Council does not discuss anything behind closed doors. Mayor Kragness reminded the public that all meetings are open to the- public. 9b. SCHEDULE JOINT MEETING WITH HOUSING COMMISSION FOR APRIL 2, 2003, AT 6 P.M. There was a motion by Councilmember Niesen, seconded by Councilmember Carmody to schedule April 2, 2003, at 6 p.m. for a joint meeting with the Housing Commission. Motion passed unanimously. • 03/10/03 -9- DRAFT 9c. SCHEDULE CITY COUNCIL WORK SESSION FOR APRIL 7, 2003, AT 6 P.M. There was a motion by Cotulcilmember Lasman, seconded by Councilmember Carmody to schedule April 7, 2003, at 6 p.m. for a City Council Work Session. Motion passed unanimously. 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 Ms. Klumpp introduced 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. She said the ordinance amendment very closely follows State Statutes. Councilmember Peppe stated this was the first reading of this ordinance. He said questions have been raised by Council Members regarding disposal of items that the Council may or may not want to know about. He inquired if Ms. Klumpp would provide the concerns raised to the City Manager so that additional information could be provided to the Council. Ms. Klumpp responded affirmatively. • Mayor Kragness reviewed the key differences in the ordinances as outlined in the memorandum provided in the agenda materials and highlighted the following: 1. Definitions are included in the proposed new ordinance. 2. Proposed new ordinance removes the $100 limitation and allows City Manager to determine the most appropriate method of disposal of abandoned or unclaimed property white retaining property owner rights. 3. Proposed new ordinance provides broader authority to deal with abandoned vehicles under the current State Statute. Councilmember Peppe inquired if the State Statutes regarding vehicles could be provided to the Council since there were some concerns raised regarding how items are disposed. Ms. Klumpp responded that the Statute is quite lengthy, but a review of it and summary could be provided. Councilmember Lasman inquired if the Council should approve first reading of an ordinance if it may change significantly before the public hearing. Mr. LeFevere informed that the ordinance was not a time- sensitive ordinance and could be tabled. He also said the City Council may not want to run the risk of holding a Public Hearing if there are too many changes to the ordinance as originally published. Mayor Kragness requested this ordinance amendment be added to the next work session agenda for further study and discussion. 03/10/03 -10- DRAFT There was a motion by Councilmember Layman, seconded by Councilmember Peppe to table 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 to the next regular session. Motion passed unanimously. 9e. ASSOCIATION OF METROPOLITAN MUNICIPALITIES REQUEST TO ADOPT RESOLUTION URGINING STATE LEGISLATURE NOT TO LIMIT LOCAL ABILITY TO RESPOND TO STATE BUDGET CUTS Ms. Klumpp stated the resolution was the City's response to State budget cuts and explained that Brooklyn Center was facing a $1.2 million reduction in State Aid for 2003 and as much as $2.2 million for 2004. She further explained that the resolution urges legislators to provide flexibility for local elected officials to respond and determine how to reduce their own budgets. Mayor Kragness read the resolution. RESOLUTION NO. 2003 -43 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION URGING STATE LEGISLATURE NOT TO LIMIT LOCAL ABILITY TO RESPOND TO STATE BUDGET CUTS The motion for the adoption of the foregoing resolution was duly seconded by member Niesen. Motion passed unanimously. 9f. 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 Ms. Klumpp explained the resolution was prepared at the request of the City Prosecutor in response to recent information learned of Hennepin County possibly closing one of the suburban courthouses. She further stated that if Hennepin County changes the way it operates, there will be impacts on cities with additional costs involved as outlined in the resolution. She said the major point the City wants to make was that it recognizes the County is also affected with budget cuts and wants to work with the County to look at solutions. Mayor Kragness read the resolution. RESOLUTION NO.2003 -44 Member Carmody introduced the following resolution and moved it adoption: • 03/10/03 -11- DRAFT 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 The motion for the adoption of the foregoing resolution was duly seconded by member Peppe. Motion passed unanimously. 9g. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2003 Ms. Klumpp outlined the contract the City had negotiated with Law Enforcement Labor Services Local 82, highlighting the following changes: 1) wages would be increased 2.5% as of January 1, 2003, and .75% as of July 1, 2003, which results in a cost to the City of 2.875% for 2003, lower than the 3% increase for Local 49 and non -union employees; 2) the starting wage for patrol officer is lowered from 72 to 70% of the base wage; 3) increase in uniform allowance by $15 per year for uniformed officers and $25 per year for detectives; and 4) change in the wellness incentive program to reflect the number of hours an employee regularly works. RESOLUTION NO. 2003 -45 • Member Lasman introduced the following resolution and moved its adoption RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2003 The motion for the adoption of the foregoing resolution was duly seconded by member Carmody. Motion passed unanimously. 9h. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2003 Ms. Klumpp reviewed for Council the contract the City had negotiated with Law Enforcement Labor Services (LELS) Local 86, highlighting the following changes: 1) increase in wages of 3 %, with a 37 -cent per hour increase on July 1, 2003, to bring the unit to the average of Brooklyn Center's comparable cities; 2) increase in uniform allowance by $15 per year; and 3) housekeeping changes to language to clarify or conform to federal law. RESOLUTION NO. 2003 -46 • Member Lasman introduced the following resolution and moved its adoption: 03/10/03 -12- DRAFT i RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR • SERVICES (LELS) LOCAL 86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2003 The motion for the adoption of the foregoing resolution was duly seconded by member Carmody. Motion passed unanimously. 9i. RESOLUTION DECLARING SURPLUS PROPERTY AND AUTHORIZING SALE OF SAID PROPERTY Ms. Klumpp stated there is interest from local Fire Departments to purchase the Fire Department's used air paks. She said the compensation from the sale of the air pales would be deposited in to the vehicle replacement fund. RESOLUTION NO. 2003 -47 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY AND AUTHORIZING SALE OF SAID PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember • Peppe. Motion passed unanimously. 9j. APPROVAL OF MINUTES Councilmember Niesen requested changes to the February 10, 2003, Study Session minutes as follows: 1) last paragraph of page 1 to replace "is not happy" with "has concerns"; 2) first paragraph of page 2 to replace "amending the City Charter to allow this to happen" with "reinstating the City Charter provision to allow the City Council to ratify decisions of the City Manager with regard to appointment and removal of department heads;" and 3) to expand on the fourth paragraph under Requests for Council Resolution. Councilmember Niesen requested changes to the February 24, 2003, Regular Session minutes as follows: last paragraph to include "Councilmember Niesen noted that this was not a public hearing." Council briefly discussed the requested changes, and Councilmember Niesen said the minutes need to reflect the what and the why. There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the February 10, 2003, Study Session minutes and February 24, 2003, Regular Session minutes as amended, and to approve the February 10, 2003, Regular Session minutes, February 24, 2003, Study Session minutes, and February 24, 2003, Work Session minutes. Motion passed unanimously. • 03/10/03 -13- DRAFT i i • 10. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the City Council meeting at 8:57 p.m. Motion passed unanimously. City Clerk Mayor • • 03/10/03 -14- 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 WORK SESSION WITH COMMISSION CHAIRS COUNCIL /COMMISSION CONFERENCE ROOM MARCH 17, 2003 CALL TO ORDER The Brooklyn Center City Council met for a work session with the Commission Chairs at City Hall and was called to order by Mayor Myrna Kragness at 6:30 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present: City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, and Deputy City Clerk Maria Rosenbaum. Commission Members present were Financial Commission Vice -Chair Jay Hruska, Park and Recreation Commission Chair Bud Sorenson, Housing Commission Chair Mark Yelich, Planning Commission Chair Tim Willson, and Charter Commission Chair Robert Cambanes. • INTRODUCTIONS BY THE MAYOR Mayor Kragness asked that everyone introduce himself or herself. All Commissioners and Council Members, along with City staff introduced themselves. Mayor Kragness suggested that each Commission Member discuss what their commissions have been doing and what their plans are for 2003. GENERAL DISCUSSION Tim Willson, Planning Commission Chair, discussed that the Planning Commission has no special projects at this time. He informed that the planning application process is slowing down and that they will continue to review planning applications as needed. Bud Sorenson, Park and Recreation Commission Chair, informed that the Park and Recreation Commission have been looking at some of the City's ordinances. He believes there are some inconsistencies with the signage regarding the hours that parks are open. The City's ordinance says one thing and the actual signs in the parks indicate something different. 03/17/03 -1- DRAFT • I I i The Park and Recreation Commission has made some recommendations regarding an aggressive • j skate park and believe that Grandview Park will be a location for a future skate park. They will look at what can be considered out of the Capital Plan at their meeting on March 18, 2003. � Mayor Kragness informed Mr. Sorenson that she would be attending the meeting on March 18, 2003, I � since Councilmember Niesen would not be able to attend the meeting; and indicated that she would like to discuss the signage for dogs in park areas. Jay Hruska, Financial Commission Vice - Chair, discussed that the Financial Commission will have a challenging year if the Governor's proposal is approved. They will continue to assist with the Request for Proposals (RFP) for banking services; and continue to review to comply with State Mandates. Mark Yelich, Housing Commission Chair, discussed that the Housing Commission has been working on a number of issues that include driveways, vehicle parking, senior housing needs, long -term planning, and continues to work with the rental property issues. He wished to compliment City Manager Michael McCauley for the suggestion to review the rental property ordinance since Section 12 -911 in Chapter 12 had been an issue for some time. They are working on an ordinance amendment and would like to have the language revised to hold the rental property owner responsible and indicate that City staff be required to regulate rental properties. In doing this the Housing Commission hopes that the number of police calls would decrease. Mr. Yelich discussed that Brooklyn Center has a high crime rate and that he hopes that City Council will help make this issue a priority. Mayor Kragness discussed that she had attended a recent Association for Rental Managers (ARM) Meeting and that at the meeting there was a discussion regarding a central information place for rental property owners. She informed some of the roofs at Summerchase are being replaced and that Summerchase Apartments is considering a new name of Center Point Apartments. Robert Cambanes, Charter Commission Chair, informed that Charter Commission Members Sylvester Knapp, Carl Wolter, and Todd Paulson will no longer be on the Commission. They continue to work on the City Charter ordinance amendment that had been previously discussed with the City Council. MISCELLANEOUS Mayor Kragness questioned how Brooklyn Center could be higher in crime ratings than the City of Minneapolis and asked if the Council could get a copy of the Hennepin County Report distributed relating to crime ratings. Mr. McCauley informed that he had just received the report and needs to review the materials. He indicated that he would provide the Council with a copy of the materials that he received. 03/17/03 -2- DRAFT • e Mayor Kragness suggested that Mr. McCauley discuss the proposed budget numbers. Mr. McCauley informed that the Governor's proposed budget would cut the City revenues $1.17 million in 2003 and $2.22 million in 2004. The proposal would preclude local taxation to replace the $2.22 million loss in 2004 without an election to authorize an additional levy and there would be no ability to replace any lost funds in 2003. If the $2.22 million in 2004 is lost, the City will not be able to accomplish balancing the budget without major effects or services provided. He informed that Department Heads have been looking at programs and services and that a framework will be created for the City Council to review. If the $2.22 million is cut for the year 2004, the City will need to discontinue some programs and services. The City Council will be meeting with the Financial Commission in May and at that time consider the options and directions possible. Council and Commission Chairs continued discussions regarding the budget impacts the City would be facing in 2003 and 2004. Mr. McCauley informed that the next City Watch would have an article discussing the impacts the City will be facing in 2003 and 2004. Councilmember Lasman informed that the Sun Post recently had a short survey and suggested that persons complete the survey and/or contact local Legislators. Councilmember Peppe informed that he believes that the services absolutely necessary to those who live in Brooklyn Center need to be considered when creating the framework. Councilmember Niesen questioned the purpose of this meeting and if the Commissions are discussing what types of cuts can be made with the impacts the City will be facing in 2003 and 2004. Mayor Kragness informed that the purpose of the meeting was to discuss what the Commissions are • working on for the current year and to provide direction if needed. The financial issues being discussed this evening are not usually a topic at this annual meeting. Councilmember Niesen questioned if the Park and Recreation Commission had considered where else money could be saved besides closing hockey rinks. Mr. Sorenson discussed that the Park and Recreation Commission had in the past discussed raising the price of the Community Center admission to non - residents of Brooklyn Center and informed that the Park and Recreation Commission advises the Council and does not make decisions. Mayor Kragness reminded the Commission Chairs that the Commission Recognition Event would be held on April 21, 2003, and asked that they encourage all Commission Members to attend. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Carmody to adj ourn the meeting at 7:42 p.m. Motion passed unanimously. City Clerk Mayor 03/17/03 -3- DRAFT • • City Council Agenda Item No. 7b I'� City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Depute Clerk DATE: March 19, 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 24, 2003. MECHANICAL Air Corp. 13821 Industrial Park Boulevard, Plymouth Air Mechanical Inc. 16411 Aberdeen Street NE, Ham Lake Associated Mechanical 1257 Marshall Road, Shakopee Assured Heating A/C 514 Jefferson Highway, Champlin Auto Garage Door and Fireplace 9210 Wyoming Avenue North, Brooklyn Park Centerpoint Energy MGCO 13562 Central Avenue NE, Anoka Centraire Htg and A/ 7402 Washington Avenue South, Eden Prairie • Complete Mechanical Inc. 1303 1" Street NE, Buffalo Cronstrom's Heating and A/C 6437 Goodrich Avenue, St Louis Park Dependable Indoor Air 2619 Coon Rapids Boulevard NW, Coon Rapids Ditter, Inc. 820 Tower Drive, Medina Excel Air Systems 2075 Prosperity Road, Maplewood Facilitech 7807 Creekridge Circle, Minneapolis Flare Heating 9303 Plymouth Avenue North, Golden Valley Fore Mechanical 352088 th Ave NE, Blaine Genz -Ryan Plumbing /Heating 14745 S Robert Trail, Rosemount Golden Valley Heating 5182 West Broadway, Crystal Guyer's Builder's Express 13405 15 Avenue North, Plymouth Harris Companies 909 Montreal Circle, St. Paul Heating and Cooling Two Inc 18550 Country Road 81, Maple Grove Home Energy System 15200 25 Avenue North, Plymouth Knight Heating and A/C 13535 89 Street NE, Otsego M & D Plumbing and Heating Inc. 11050 26 Street NE, St. Michael McDowall Company P.O. Box 1244, St. Cloud Metropolitan Mech. Contractors 7340 Washington Avenue South, Eden Prairie Modern Heating and A/C 2318 First Street NE, Minneapolis P & D Mechanical Contractors 4629 41" Avenue North, Robbinsdale Pearson Mechanical Service 5630 Memorial Avenue North, Stillwater Pierce Refrigeration 19202 nd Avenue South, Anoka Residential Heating and AC 1815 East 41 Street, Minneapolis 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 Page 2 City Council Approval • March 24, 2003 MECHANICAL - Continued Riccar Heating and A/C 2387 Station Parkway NW, Andover Ron's Mechanical 12010 Old Brick Yard Road, Shakopee Rouse Mechanical 7320 Oxford Street, St. Louis Park Royalton Heating and A/C 4120 85 Avenue North, Brooklyn Park Schadegg Mechanical Inc. 225 Bridgeport Drive, So St Paul Sedgwick Heating and A/C 8910 Wentworth Avenue South, Minneapolis Sharp Heating and A/C 7221 University Avenue NE, Fridley Standard Heating and A/C 410 West Lake Street, Minneapolis Superior Contractors 6121 42 Avenue North, Crystal Superior Heating A/C and Electric 21322 d Avenue North, Anoka Total Air Supply Inc. 541 N Wheeler Street, St Paul Total Comfort 12800 Highway 55, Plymouth UHL Company Inc. 9065 Zachary Lane North, Maple Grove Wenzel Heating and A/C 4131 Old Sibley Memorial Highway, Eagan Yale Mechanical Inc. 9649 Girard Avenue South, Minneapolis RENTAL Renewal: 1100 69 Avenue North Evangelical Luth Church of the Master [Zero calls of any service in 2002 for entire complex] 6109 -11 -13 Beard Ave James and Bobbie Simons [All three units - aero calls in 2002] Initial: 2101 54 Avenue North Tim Vang [Zero calls for service] 5550 Girard Avenue North Restart, Inc. [Zero calls for service] 4200 Lakebreeze Avenue North Michael Lattery [Domestic on 1/8/03 and disturbing peace on 7/2/02 unit 2; assault on 2/2/02 in unit 4] 5521 France Avenue Lang Wong [Zero calls of service] SIGNHANGER Advanced Awning Design 1600 29 Street, Cloquet Amtech Lighting Services 6077 Lake Elmo Avenue North, Stillwater Boodoo Signs 29021 Feldspar Street NW, Princeton Crosstown Sign 16307 Aberdeen Street NE, Ham Lake Fish and LaBeau Signs Inc 3320 Winpark Drive, Crystal Install This Awning and Sign 5345 0' Street, Brooklyn Center • Signart Company 2170 Dodd Road, Mendota Heights TAXICAB Aleck Hinchey - Pioneer Taxi 2959 145 Street Northwest, Monticello C I I I i r City Council Agenda Item No. 7c Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING THE CONSENT TO ENTER INTO COMMUNICATIONS SYSTEM SUBSCRIBER AGREEMENT WITH HENNEPIN COUNTY WHEREAS, the City of Brooklyn Center Police Department wishes to enter into the Agreement with Hennepin County which will provide for the use of a regionwide public safety radio communications system, the lease, maintenance and repair of subscriber radios, and administrative and operational support of the subscriber radio fleet; and WHEREAS, the Brooklyn Center Police Dept has the need to communicate with surrounding agencies who are on the 800 Mhz system; and . WHEREAS, the Brooklyn Center Police Dept has purchased three (3) 800 MHz portable radios that were budgeted for 2003 and that these radios would allow Brooklyn Center to communicate with surrounding agencies on the 800 MHz system without the need to form a crosspatch; and WHEREAS, per the Agreement, Hennepin County would be responsible for the programming and upkeep of the portable radios as well provide for the use of loaner radios when repairs are needed; and • WHEREAS, per the Agreement there would be a user fee to Hennepin County and to the Metropolitan Radio Board of $632 annually, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, upon the recommendation of the City Manager, that the City of Brooklyn Center Police Department enter into the Communications System Subscriber Agreement with 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. I ��pOKLYN C�Nr BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Scott Bechthold .A DATE: March 12, 2003 SUBJECT: Communications System Subscriber Agreement — For The 800 MHz Portable Radios The police department is requesting authorization to enter into an agreement with Hennepin County which would provide for the use of a regionwide public safety radio communications system, the lease, maintenance and repair of subscriber radios, and administrative and operational support of the subscriber radio fleet with regard to 800 MHz portable radios. • The police department has purchased three 800 MHz ortable radios that had been approved in the p pp 2003 budge and these radios will allow Brooklyn Center to communicate with surrounding agencies on the 800 MHz system without the need to form a crosspatch. Per the Agreement, Hennepin County will be responsible for the programming and upkeep of the portable radios as well as provide for the use of loaner radios when repairs are needed. There will be a user fee to Hennepin County and the Metropolitan Radio Board of $632 annually. I am requesting that this go on the next council agenda for approval. Attached is the resolution and a copy of the subscriber agreement. If you have any questions, please contact me. SB:kh Attachment • Hennepin County Sheriff's Office Communications Division 9300 Naper Street MY: Golden Valley, MN 55427 Regionwide Public Safety Radio Communications System U Communications System Subscriber Agreement Between Hennepin Count and Authorized Users Regarding: P Y : 9 9 Use of the Regionwide Public Safety Radio Communications System, Lease, Maintenance and Repair of Subscriber Radios, Administrative and Operational Support of the Subscriber Radio Fleet I THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, a body politic and corporate, under the laws of the STATE OF MINNESOTA, hereinafter referred to as the "COUNTY," A -2303 Government Center, Minneapolis, Minnesota 55487, and [insert subscriber entity name and address below] acting by and through its duly authorized officers, hereinafter referred to as the "USER ". WITNESSETH: WHEREAS, the COUNTY operates a Local Subsystem as part of the Regionwide Public Safety Radio Communications System, hereinafter referred to as "System "; and WHEREAS, the COUNTY has provided for the capability of Cities, Agencies, Districts and Other Authorized Users within the County to have access to the System; and WHEREAS, the COUNTY bears primary responsibility for the health, security and integrity of the System and other communications systems; and WHEREAS, the USER has elected to participate as a subscriber with end user radios operating on the System. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY and the USER agree as follows: • 1. PURPOSE AND INTRODUCTION The purpose of this Agreement is to define the rights and obligations of the COUNTY and the USER with respect to the cooperative and coordinated purchase, lease, maintenance, technical and administrative support and use of portable, mobile, desktop and other end user radios by the USER on the COUNTY's System. The System is a multi -site general purpose wireless communications system designed to provide, among other things, 95% area coverage reliability for portable radio operation above ground level in light to medium buildings throughout most of the County. Other USER benefits and services include, access to a wide area nine county regionwide public safety radio communications system, multiple system redundancies with backup power, a wide range of talk groups, electronic identification of all radios on all transmissions, 99.999% microwave system reliability, encryption availability, system security, radio interoperability, 24 hour a day system monitoring and repair response, access to a pool of special event radios and USER radio user training. 2. DUTIES AND RESPONSIBILITIES OF USER 2.1 Conformance to Metropolitan Radio Board and COUNTY Standards USER agrees to be aware of and conform to all applicable standards, policies, procedures and protocols established or amended by the Metropolitan Radio Board and COUNTY related to use of the System including but not limited to radio user training requirements, radio operating guidelines, audit, monitoring and compliance. 2.2 Conformance to Federal Laws and Regulations • USER agrees to be aware of and conform to all applicable Federal Rules, Regulation and Laws pertaining to use of the System including but not limited to the Communications Act of 1934 as Amended and Part 90 of the Federal Communications Commission Rules and Regulations. 2 2.3 Response to Improper Use In the event COUNTY informs USER that statistical analysis of System usage or other information • indicates that USER personnel may have inappropriately used the System, or may have violated standards, policies, procedures, rules, regulations or laws regarding proper operation of the System, or may have violated the provisions of this Agreement, USER agrees to take immediate and appropriate investigative and corrective action to stop the violation and eliminate any reoccurrence. 2.4 Radio and Equipment Lease Fees USER agrees to pay to COUNTY all lease fees assessed to USER by COUNTY throughout the lease term in accordance with a lease policy established by the Board of Hennepin County Commissioners for end user radios or other related equipment furnished to USER by COUNTY under this Agreement. The specific lease fee schedule established by COUNTY and the list of equipment leased by USER shall be detailed in Appendix A attached hereto, and such Appendix A shall be made a part of this agreement. 2.5 Subscriber Fleet Support Fees USER agrees to pay COUNTY all Subscriber Fleet Support Fees assessed to USER by COUNTY in accordance with a cost recovery policy established by the Board of Hennepin County Commissioners for costs including but not limited to programming, software updates, technical support, administrative support, configuration support, access to the special event shared pool of radios, training support and other costs attributable to USER's participation under this Agreement. The Subscriber Fleet Support Fees are subject to annual adjustment and shall be detailed in Appendix A. 2.6 Maintenance and Repair Fees USER agrees to pay COUNTY all fixed fees for Tier 1 maintenance and repair services; time and material charges for consumables and repairs not covered under Tier 1 service; and time and materials charges for Tier 2 maintenance and repair services. The Tier 1 Maintenance and Repair Fees, and the hourly rates for time and materials charges are subject to annual adjustment and shall be detailed in • Appendix A. 2.7 Pass Through Metropolitan Radio Board User Fees USER agrees to pay to COUNTY all user fees attributable to USER assessed to the COUNTY by the Metropolitan Radio Board, or its successor entity if applicable, and passed through by COUNTY to USER. The Metropolitan Radio Board user fees shall be detailed in Appendix A. 2.8 Invoicing and Pavment Terms COUNTY will invoice USER monthly, or at other intervals as determined by COUNTY, for all fees specified herein. Principal and interest charges for leased equipment will commence when the COUNTY is invoiced by the equipment supplier. All other fees specified in this Agreement will commence as follows: For radios activated on or before the 15` of the month, USER will be charged for the entire month. For radios activated after the 15' of the month, the fees will commence on the first day of the following month. Payment of all fees herein shall be made directly to the COUNTY within thirty (30) days from receipt of the invoice. 2.9 Flow Down Metropolitan Radio Board Contract Provisions USER agrees to comply with all applicable flow down provisions contained in Agreement No. A16906, as Amended, between the COUNTY and the Metropolitan Radio Board. Such Agreement provisions, including any Amendments thereto, are hereby incorporated herein as being part of this Agreement by this reference. 2.10 Provisional Use of USER Purchased and Owned Radios and Radio Software USER may utilize radios purchased and owned by USER on the System provided that such radios and radio operating software versions are specifically certified for use on the System by the Metropolitan Radio Board and the COUNTY. Non - certified radios, or radios operating with non - certified software • versions will not be allowed to access or use the System. 3 2.11 De- certification and Disposition of Obsolete Radios The Metropolitan Radio Board and COUNTY may de- certify radios and /or radio operating software • versions which become obsolete for reasons including but not limited to: become unsafe to use, impair System performance, are no longer supported by the radio Manufacturer, are no longer supported by the COUNTY, exhibit substantial defects, exhibit performance deficiencies, impair implementation of System upgrades, become unreliable, become economically unfeasible to maintain, etc. Except in those cases affecting safety or performance impacts to the System, COUNTY will make reasonable efforts to avoid de- certification of radios leased to USER which have not been fully depreciated and to provide USER with at least one (1) year of advance notice prior to the effective date of radio or software version de- certification. De- certified radios, or radios operating with de- certified software versions will not be allowed to access or use the System. USER agrees to dispose of obsolete radios, batteries and other equipment in accordance with applicable laws and rules regarding disposal of hazardous materials. 2.12 Limitation of Radio Proarammina, Radio Code Plua Proarammina Files and Svstem Kev File Regardless of ownership, all radios on the System shall be programmed only by the COUNTY, and the COUNTY shall retain an archived electronic copy of all radio code plug programming files and encryption keys files installed in all USER radios covered under this Agreement. The configuration of all radio code plug programming files and radio templates shall be subject to approval by the COUNTY before the radios will be activated on the System. All radio code plug programming files, system key files and encryption key files are the sole property of the COUNTY, and contain information that is classified as security information and non - public government data. Unless specifically authorized by the COUNTY in writing, USER may not directly or indirectly, or permit any third party to: view, read, print, extract, copy, archive, edit, create, clone, transfer, tamper with or otherwise compromise the security of any radio code plug programming file, system key file or encryption key file for any radio on the System. In the event USER learns that any party has improperly or fraudulently obtained radio code plug programming file information, system key file or encryption key file, USER will immediately notify COUNTY of the security breech. • 2.13 Pavment for Damaged Radios USER agrees to promptly pay COUNTY for all costs incurred to repair radios damaged for any reason while leased to USER, excluding normal wear and tear which is included in the COUNTY's maintenance program, and also excluding damage which occurs while the radios are in the possession of COUNTY. 2.14 Risk of Loss for Lost, Stolen or Destroved Radios USER assumes full risk of loss for COUNTY provided radios assigned to USER including special event and repair loaner radios temporarily assigned to USER which are lost, stolen, physically un- repairable or destroyed for any reason excluding damage which occurs while the radios are in the possession of COUNTY. USER will be invoiced, and agrees to pay, the remaining amount of the non - depreciated lease balance, including interest, for any lost, stolen or destroyed radios. Assessment of subscriber fleet support fees and Tier 1 fixed maintenance fees will be terminated upon such payment. 2.15 Notification to COUNTY of Lost or Stolen Radios USER agrees to immediately notify COUNTY of any missing, lost or stolen radios, so the radio can be deactivated on the system. 2.16 Radios Not Economical to Repair A USER radio which is covered under the annual "Tier 1 fixed fee maintenance and repair services program listed in Appendix A which has malfunctioned, broken or failed, excluding a radio that is damaged, lost, stolen, destroyed or physically un- repairable as described in sections 2.13 and 2.14 above, and which the COUNTY determines cannot be economically repaired, by mutual agreement may either be: (1) Replaced by COUNTY with a used radio of comparable age, value and condition if available; or (2) Considered an obsolete radio, deactivated and terminated from the lease and maintenance program with no additional fees payable by USER. In the event the replacement option is • chosen, the used replacement radio may, at COUNTY's option, be reconditioned or rebuilt from salvaged parts and the COUNTY shall retain or assume ownership of the original failed radio and such radio may be salvaged for spare parts, rebuilt or otherwise disposed of by COUNTY. Further, if the failed radio is a 4 COUNTY owned radio leased to USER, and the deactivate and terminate lease option is chosen, the COUNTY shall also retain ownership and disposition rights of the failed radio. • 2.17 Assignment of Leased Equipment USER may terminate in whole or part the lease of radios or other equipment under this Agreement provided USER assigns the leased equipment in writing to another authorized user who has a subscriber agreement in effect with the County and further provided that the Assignee agrees in writing to make all applicable payments to COUNTY including the remaining lease payments. 2.18 Prepayment of Leased Equipment USER may pay off the remaining amount of the non - depreciated lease balance, including interest, at any time during the lease term without any additional prepayment penalty. Title to the leased equipment shall transfer to the USER upon such payoff subject to the provisions of section 3.2. 3. DUTIES AND RESPONSIBILITIES OF COUNTY 3.1 Furnishinq of End User Radios COUNTY will periodically solicit orders for new, additional and replacement radios from USER. This will normally occur on an annual basis, however USER may request radios at any time. Subject to budget availability and approval by the Board of Hennepin County Commissioners, on USER's behalf COUNTY will purchase radios, receive, inventory, inspect, test, program and install radios as requested by USER. COUNTY will assist USER in selecting and ordering radios that are purchased directly by USER for use on the System. 3.2 Financing of End User Radios and Transfer of Title Subject to budget availability and approval by the Board of Hennepin County Commissioners, COUNTY will finance the purchase of radios for USER's public safety operations (police, fire, EMS or emergency • management) as requested by USER. The equipment lease period shall be for the expected useful life of the equipment, as determined by COUNTY. Interest cost shall be listed in Appendix A and shall be added to the equipment cost. The combined equipment and interest cost will be depreciated over the lease period. Upon completion of payment of all principal and interest fees to COUNTY, and execution by USER of any applicable Software License Agreements or Assignment of Rights Agreements regarding use of embedded software, COUNTY shall transfer title to the leased equipment to USER. 3.3 Radio Maintenance and Repair Services COUNTY will provide two tiers of maintenance and repair services for USER radios. Tier 1 service will be provided at a fixed annual fee determined by the COUNTY and may be based on the model and age of the radio. Tier 1 service includes access to the shared pool of repair loaner radios. Tier 2 service will be provided on a time and materials basis and does not include access to repair loaner radios. Repair of Tier 1 radios may have a higher priority over Tier 2 radios if there is a backlog of repair work. The fixed annual fee for Tier 1 service includes all parts, labor and other costs to provide maintenance and repair for internally malfunctioning radios and normal wear and tear. Normal wear and tear is that anticipated degradation which normally occurs to the equipment in the regular course of work for the job position, assuming the user takes reasonable care and precaution. Tier 1 service excludes consumables such as batteries and antennas, and also excludes radio accessories. Repairs beyond internal malfunctions and normal wear and tear including damage caused by negligence or accidental damage such as fire, water immersion, crushing, dropping from a moving vehicle, etc., and consumables will be assessed on a time and materials basis in addition to the fixed annual Tier 1 maintenance fee. Unless specifically excluded by COUNTY, all radios assigned for public safety operations on the System under this Agreement, regardless of ownership, will be provided with Tier 1 maintenance service by COUNTY and will be allocated the annual fixed costs. USER owned radios assigned for non - public safety operations will be able to obtain Tier 2 maintenance services from COUNTY by mutual concurrence. 5 3.4 Repair Loaner and Special Event Radios COUNTY will maintain a fleet of radios which will be made available to USER, generally on a first come • first serve basis, for temporary assignment for special events, response to emergencies, or other similar events. USER may receive a temporary loaner radio to replace a radio taken out of service for maintenance or repair if the failed radio is covered under the Tier 1 annual fixed fee maintenance and repair services program listed in Appendix A. if there are more requests for loaner radios than can be accommodated, the COUNTY will prioritize allocations and may require that USER return repair loaner and special event radios early. 3.5 Allocation of Svstem Resources COUNTY will allocate to USER, on a fair and non - discriminatory basis, sufficient System resources including Talk Groups, Announcement Groups, Radio Unit IDs, Alias IDs, etc. in order to provide USER with an equivalent grade of service afforded to other comparable System users. 3.6 Monitoring of USER Talk Groups COUNTY will periodically monitor talk groups allocated to USER for USER's internal use for system management purposes including but not limited to maintenance, troubleshooting, system performance assessments, unusual traffic patterns (sudden jump in usage), policy and procedure compliance checks, etc. COUNTY monitoring of USER's talk groups may occur at any time, for any duration, may be without notice and is subject to recording. 3.7 Radio Operator Traininq COUNTY will provide USER with access to end user radio training instructional materials provided to COUNTY from the Metropolitan Radio Board or other sources. For the deployment of immediate and near term radios as defined in the COUNTY's Radio Purchasing and Deployment Plan adopted by Board Resolution No. 01- 622R2, COUNTY will assist USER in training USER's personnel by providing a COUNTY radio trainer (or trainers) to work in conjunction with a USER provided trainer (or trainers) to • deliver training to USER's radio operators. Once the near term deployment is completed, USER will have primary responsibility for training new employees and for providing refresher training. 3.8 Database Administration COUNTY will manage and administer the System database records containing the information related to inventory, configuration, programming history, software version control, radio IDs, service levels, statistical usage analysis, etc. for USER's subscriber radios used on the System. 3.9 Radio Station Licenses COUNTY shall hold and administer all FCC licenses on behalf of all users of the System. USER shall operate as authorized mobile, portable and control station units under the COUNTY's FCC radio station licenses. 4. TERM AND CANCELLATION 4.1 Term of Aareement This Agreement shall be for an initial term beginning on the date executed by the COUNTY and continuing through December 31, 2008. After the initial term and any subsequent extensions thereto, this Agreement will automatically be extended for an additional one (1) year term, unless either party gives written notice of intent not to extend to the other party, at least one hundred twenty (120) days prior to the expiration of the then current term. 4.2 Cancellation of Aareement This Agreement may be canceled with or without cause by either party upon one hundred eighty (180) days' written notice, provided that any such cancellation by COUNTY shall require action by the Board of Hennepin County Commissioners. • 6 I 4.3 Actions Upon Termination Upon expiration or cancellation of this Agreement as provided for herein, USER shall either (1) assign all • leased equipment in writing to another authorized user who has a subscriber agreement in effect with the County as provided for in paragraph 2.17 of this Agreement; or (2) pay COUNTY the remaining amount of the non - depreciated lease balance, including interest, which has not been recovered under lease payments as provided for in paragraph 2.18 of this Agreement; and USER shall cease all use of the System including using the system with radios owned by USER. 5. MERGER AND MODIFICATION 5.1 Entire Agreement It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. 5.2 Amendments to Agreement Any alterations, variations, modifications, or waivers of provisions of this Agreement, except for revisions to Appendix A as provided for below, shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 5.3 Aooendix A Revisions Appendix A shall be updated by COUNTY, and provided to USER annually, and at other times as deemed necessary by COUNTY, to reflect any changes to the list of available equipment, lease rates, fleet support fees, maintenance fees, Metropolitan Radio Board user fees, and the list of equipment currently under lease to USER. • 6. DEFAULT 6_1 If either party fails to perform any material term of this Agreement, this shall constitute a default. Unless the USER's default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Unless the COUNTY's default is excused by the USER, the USER may upon thirty (30) days' written notice cancel this Agreement in its entirety. 6_2 In the event the COUNTY cancels this Agreement due to USER's default, USER shall return all leased equipment and other materials provided to USER by COUNTY, pay COUNTY the remainder of the balance of the original cost of the leased equipment which has not been recovered under lease payments and USER shall cease all use of COUNTY's System. In the event the USER cancels this Agreement due to the COUNTY's default, USER shall return all leased equipment and other materials provided to USER by COUNTY and USER shall cease all use of COUNTY's System. 6 Notwithstanding any provision of this Agreement to the contrary, the defaulting party shall not be relieved of liability to the other party for damages sustained by the nondefaulting party by virtue of any breach of this Agreement by the defaulting party. 6_4 The above remedies shall be in addition to any other right or remedy available under this contract, law, statute, rule, and /or equity. 6 The failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. 7 7. MISCELLANEOUS PROVISIONS 7.1 Independent Parties It is mutually understood that this Agreement does not create an employment relationship between the parties, nor does it create a partnership or joint venture, nor does it constitute a cooperative agreement or joint powers agreement. 7.2 Indemnification Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. The COUNTY's and the USER's liability is governed by the provisions of Minnesota Statutes Chapter 466, 7.3 Data Privacv USER, its officers, agents, owners, partners, employees, volunteers or subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. USER agrees to defend, indemnify and hold the COUNTY, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from USER's officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and /or use of such protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 7.4 Records — Availability/ Access Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended), the USER agrees that the COUNTY, the State Auditor, the Legislative Auditor or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, • documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the USER and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. 7.5 Contract Administration In order to coordinate the services of the USER with the activities of the COUNTY so as to accomplish the purposes of this contract, , shall manage this contract on behalf of the USER and serve as liaison between the COUNTY and the USER. 7.6 Notices Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the Office of the County Sheriff at the address given below. Notice to the USER shall be sent to the address stated below. To COUNTY: Hennepin County Administrator A -2303 Government Center Minneapolis, MN 55487 Copy to: Radio Communications Manager Hennepin County Sheriff's Office Communications Division 9300 Naper Street • Golden Valley, MN 55427 8 USER: • 7.7 Minnesota Laws Govern The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this contract and the legal relations between the herein parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the herein parties will be in the appropriate federal court within the State of Minnesota. If any provision of this contract is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 7.8 Mediation The COUNTY and USER agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1821 University Avenue, St. Paul, Minnesota. The parties hereto shall decide whether mediation shall be binding or non - binding. If the parties cannot reach agreement mediation shall be non - binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. • This Portion of Page Intentionally Left Blank • 9 COUNTY ADMINISTRATOR APPROVAL • USER, having signed this contract, and the County having duly approved this contract on the day of I , and pursuant to such approval, the proper County officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. Approved as to form COUNTY OF HENNEPIN and execution STATE OF MINNESOTA By: Assistant County Attorney County Administrator Date: USER Name: By: • Title and By: Title City organized under: Statutory Option A Option B Charter IF THE CONTRACT IS WITH A CITY USE THIS SIGNATURE PAGE. IF A CITY IS ORGANIZED UNDER THE STATUTORY STANDARD FORM OR UNDER OPTIONAL PLAN A, THE MAYOR AND CLERK MUST SIGN AND THE CORPORATE SEAL MUST BE AFFIXED; UNDER OPTIONAL PLAN B, THE MAYOR AND CITY MANAGER MUST SIGN; UNDER CHARTER, INQUIRE OF CITY WHO IS -AUTHORIZED TO SIGN. A NOTARY IS NOT REQUIRED, HOWEVER, A CERTIFIED COPY OF CITY COUNCIL RESOLUTION AUTHORIZING CONTRACT MUST BE ATTACHED. • 10 Hennepin County Sheriff s Office Communications Division • Communications System Subscriber Agreement Appendix A: 2002 /2003 Annual Subscriber Fees for Customer -Owned Radios Radio Subscriber Metropolitan Fleet Support Radio Board Total Fee* Fee ** I Motorola W7 or W9 Consolette * ** $164.44 $46 $210.44 Motorola XTS 2500 Models I,II,III $164.44 $46 $210.44 Motorola XTS 5000 Models I,I1,1II $164.44 $46 $210.44 I Motorola Spectra Plus Mobiles $164.44 $46 $210.44 * Subscriber Fleet Support Fee includes programming, maintenance, repair, software updates, technical support, database and configuration support, access to the special event shared pool of radios, repair loaners, training support, and other costs attributable to supporting the radio fleet. ** Metropolitan Radio Board Fee is a pass - through fee charged by the MRB to all radio users on the system. • * ** Fleet support fee for Consolettes (base radios) only covers maintenance on the radio unit. It does not include parts for or repair of desktop remotes, wiring for remotes, antennas or antenna feedline. • • City Council Agenda Item No. 7d • N1 0 COMPANY CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL LEADERSHIP TEAM - BUILDING WORKSHOP Conducted on March 3, 2003 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS MADE BY THE PARTICIPANTS Submitted by Carl H. Neu, Jr. March 5, 2003 © Neu and Company and the Center for the Future of Local GovemanceTM, 2003 • CITY OF BROOKLYN CENTER, • MINNESOTA CITY COUNCIL LEADERSHIP TEAM - BUILDING WORKSHOP Conducted on March 3, 2003 SUMMAY OF KEY OBSERVATIONS AND CONCLUSIONS MADE BY THE PARTICIPANTS Submitted by Carl H. Neu, Jr. March 5, 2003 I. INTRODUCTION • On March 3, 2003, the Mayor and City Council members of Brooklyn Center conducted a City Council Leadership Team- Building Workshop. A copy of the objectives and agenda for this workshop is included in this report as Appendix A. IL KEY OBSERVATIONS AND CONCLUSIONS MADE BY THE PARTICIPANTS. A. Review of City's Goals for 2003 and possible major issues and challenges that could affect the City and the attainment of its Goals. 1. Major issues and challenges that could affect the City and its goals. The participants identified the following items as potential major issues or challenges that could affect the city and its goals during the year 2003: a. Redevelopment - city's ability to provide support for redevelopment. b. Funding for street programs and the effect that funding could have on projected schedules. 2 C. Funds available to the city from tax revenues, Local • Government Aid (LGA), and grants. d. Changes in the Metropolitan Council board membership and the council's programs. e. State legislature's changing of the tax base, tax compression, devaluation of properties, etc. f. Council's ability to remain committed to the goals that have been adopted for 2003. 2. Comments pertaining to the City's adopted goals for 2003:. The participants reviewed the City's goals for 2003 as adopted in Resolution 2000 -134. A copy of the Resolution is included in this report as Appendix B. The following comments were made: a. Goal No. 1: This goal is seen as readily achievable and should not be affected by revenue concerns mentioned above. b. Goal No. 2: The City has done all that it can and is in a • monitoring mode relative to the Brookdale Redevelopment. C. Goal No. 3: This goal is a major priority and the council feels that programs related to this goal basically can be sustained and achieved. d. Goal No. 4: There is a concern that less grant money might be available for funding the activities associated with this goal. However, the belief is that the city should be able to sustain its commitment to the implementation of this goal. e. Goal No. 5: The council sees the city as being in a monitoring mode primarily relative to the support given to the northeast corner of 69th Avenue and Brooklyn Boulevard Redevelopment. f. Goal No. 6: This goal is affected directly by decisions emanating from the State Legislature. g. Goal No. 7: Brooklyn Boulevard North is done. The city is advocating for the Brooklyn Boulevard South project. • 3 Streetscaping for Brooklyn Boulevard is funded for 2003. • Highway 100 is scheduled and funded. I -694: MnDOT is in the process of acquiring right -of -way. h. Goal No. 8: The developer is close to finalizing plans for construction of the third building. Ground breaking probably will not occur until 2004. Note: It is requested that the city manager brief council member Niesen on the details of the Phase III tax increment financing (TIF). i. Goal No. 9: Council feels that the city should be able to stay on course in implementing this goal. Comment were made that it might be possible for the city to do, or encourage, more mitigation efforts which hopefully could reduce the need for enhanced/expanded enforcement efforts. j. Goal No. 10: This goal, and the methods by which it will be obtained, could be affected directly by changes occurring in the Metropolitan Council board membership. • Note: The new council members indicated a preference to have this goal reworded so that it is more understandable to a lay person reading it. This goal probably will be changed at the August goal - setting session as a result of changes that may be initiated by the Metropolitan Council. Council member Peppe raised the point that considerable attention will have to given to budgetary management on the part of the city manager during the course of 2003. At the scheduled first quarterly review, council and the city manager may wish to discuss further prioritization of the goals and programs associated with their implementation. B. Roles and Relationships within the City Council and between Council and the City Manager. The participants engaged in a discussion of their mutual expectations about the respective roles of, and relationships to exist among, the mayor, council/council members, and the city manager. This item pertains to Element No. 5 of the Habits of Highly- Effective Councils: have clearly - defined roles and relationships. A more detailed description of this element is contained on pages 35 and 36 of the participant workbook. • 4 i Role has two elements: function, the specific responsibilities of that role irrespective of incumbency, and performance, how the incumbent within that role is expected to behave and perform his/her responsibilities. 1. Role of the Mayor: Performance Processes and Behaviors Primary Functions (WHAT's) Expected (HOW'S a. Preside /run city council a. meeting • Maintain decorum at meetings • Encourage participation - allow all persons to speak • Follow Robert's Rules of Order Maintain "pace" of the meeting • Move things along as appropriate to ensure the • effective use of time b. Chief spokesperson for the b. • Speaks for the council's city voice (majority) as contrasted to "I, the mayor" • Is official representative of the city at functions C. Voting member of council d. Signer of official documents e. Primary screener of proclamations, etc. f. Appoints members of f. Share information on commissions subject to city potential nominees and the council ratification. mayor's recommendations to the city council. g. Represent city at certain functions as required. • 5 • 2. Role of the City Council/Council members: Performance Processes and Behaviors Expected (HOW's a. Policy setting - governing a. Be informed and read all body materials presented in preparation for meetings. b. Liaisons to commissions b. Be at meetings or let the and other groups as mayor know if you cannot assigned attend so she can make arrangements for someone to take council member's place. C. Represent citizens c. • Bring issues to the city manager • Focus on things the city can do (items within its authority) • d. Economic Development Authority Commissioners e. Adopt a budget e. • Conduct appropriate public hearings • Attempt to increase citizen input through surveys, etc. f. Hire /dehire the city f. Council acts as a whole in manager and city attorney making decisions affecting the city manager and city attorney. g. Conduct evaluations of the g. Establish and adhere to a city manager's and city well- defined review process attorney's performance. for conducting these evaluations. h. Set city goals. i. Review and adopt Comprehensive Plan • 6 j. Serve as spokespersons for j. Present information as "we . the city. as a council have this position ". If speaking as a council member individually, differentiate clearly that it is "I" who holds this position/opinion. k. Provide direction to city k. Provide this direction administration and staff. through the city manager. 3. Council's perceptions of the role of the city manager: Performance Processes and Behaviors Primary Functions (WHAT's) Expected (HOW'S) a. Chief administrator of city - selects and supervises all city employees b. Implements council's • policies and goals. C. Prepares and submits budget to council for its review and adoption. d. Represents the city at functions as directed by the city council. e. Presents information e. • Presents complete and required by the council for accurate information in a decision making, policy timely manner. making, etc. . No surprises • Should not expect the council to vote on information that comes before it at the last minute except in emergency situations • Encourage council members to ask their • questions about items at study sessions so that all 7 council members resent • p can hear the questions and answers given. f. Formulate council meeting agendas. g. Provides advice to city council as required/requested. C. Conduct of Meetings A brief discussion occurred about opportunities for public input at regularly scheduled council meetings. An idea discussed was to create an opportunity where people wishing to speak to an item on the agenda for the regular meeting would be able to "sign up" on a speaker's list to make comments while the item is under consideration. The mayor took notes on this idea and may wish to discuss it further with the council in order to adopt an appropriate procedure for allowing people to indicate their desire to speak to certain items on the agenda. D. Strength Deployment Inventory • The participants, in preparation for the workshop, completed a portion of the Strength Deployment Inventory which helps one identify their personal strengths and approaches in relating to others under the following two conditions: • when everything is going well • when conflict /opposition arises between individuals. Detailed feedback was given to the participants on their respective personal strengths and interaction approaches. E. Other Comments /Observations made by the Participants 1. Communications between council members and department heads. Discussion occurred among the council members about the process to be followed relative to council members interacting directly with department heads. The general rule is that council member requests should be directed through the city manager who then would communicate with the department head, as appropriate. It is • recommended that this issue be discussed and the process clarified 8 more fully during a work session so that all parties understand • exactly how interaction should be conducted between the city council members, city manager, and department heads, in an appropriate manner. 2. City Manager Evaluation Process. The issue addressed in this discussion is how can the council develop and use a process that truly allows the council and manager to define expectations of performance and an objective means by which that performance is evaluated. It was recommended that information on city manager evaluation processes be obtained from groups such as the Bnmeyer Group, International City Management Association (ICMA), etc. The intent here is to explore options available for developing a truly effective evaluation process for the city manager. This process should emphasize establishing clearly- defined and expected performance goals and the means for obtaining information necessary for an objective evaluation of the performance of the city manager in meeting these goals and carrying out other duties and responsibilities associated with the position. 3. Budget/Financial Management As mentioned above during the review of the oals, it may be g Y necessary to become highly innovative in budget/financial management given the state's and city's current financial situation and realities. In the forthcoming scheduled review of the city manager, it is recommended that the council's expectations relative to budgetary /financial management be defined clearly so that the city manager has a full understanding of council's desires and options available to it for sustaining the implementation of the city's goals and maintenance of its service levels. 4. Clarifying the communications process between council members, the city manager, and department heads. This issue, mentioned above, needs attention from three perspectives: • Ensuring that the process is understood and adhered to by all parties involved; i.e., council members, city manager, and department heads. • Ensuring that council member requests that might have a major • impact on staff time /resources be discussed with the council as 9 • a whole so that appropriate direction could be given to the city manager relative to council's desires about how he and the department heads use their time, which is seen as a precious and limited commodity. • Concerns raised by individual council members that could have a significant impact on staff time or the community's perceptions about the city and its personnel be discussed within the council so that all council members have an understanding of the concern and can participate in developing options to deal with it appropriately. III. GOAL SETTING SESSION: Presently scheduled for August 23, 2003. • 10 I APPENDIX A 11 • CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL LEADERSHIP TEAM- BUILDING WORKSHOP March 3, 2003 3:00 - 9:00 p.m. 1. Objectives: Upon completion of this workshop, the participants will have: a. reviewed the strategic leadership governance process used by the City and the habits of highly effective councils and council -staff teams. b. identified the major issues and challenges facing the City and their potential impact in achieving he council's adopted goals for 2003. p g p g C. clarified the respective roles, and desired working relationships among, the mayor, council and council members and between council and the city manager and department heads within the Brooklyn Center council -staff • partnerships. d. assessed their personal strengths and approaches in relating to others within council and the council -staff partnership under two conditions: when everything is going well and when conflict arises between individuals and groups (Strength Deployment Inventory). e. discussed other issues raised by the participants pertaining to how this council is "going to conduct its business and function" in addressing the challenges facing the city and with the city's professional staff. f. identified topics to be addressed in the August 23 workshop. 2. Agenda 3:00 p.m. Welcome and Introductions Review of objectives and agenda Participation of city manager in this workshop. 3:20 p.m. The strategic governance leadership process and habits of highly - effective councils and council -staff partnerships. • 3:50 p.m. Major issues and challenges facing this council and its goals including strategies for dealing with these issues and challenges. 12 • 4:45 p.m. Clarifying the roles and working relationships within council and between council and staff. 6:00 p.m. Personal strengths and approaches in relating to others (Working (Strength Deployment Inventory) Dinner) 7:30 p.m. Issues raised by participants. 8:15 P.M. Summary of ideas and conclusions developed by the participants. 8:45 p.m. Topics to be addressed during the August 23rd workshop. 9:00 P.M. Conclusion • • 13 • APPENDIX B 14 Member Ed Nelson introduced the following resolution and moved its adoption: RESOLUTION NO. 2002-1 3Zj- RESOLUTION ADOPTING CITY COUNCIL GOALS FOR 2003 WHEREAS, the City Council met in a facilitated workshop to discuss goals and objectives for 2003; and WHEREAS, the goals set forth in this resolution are the results of the discussions amongst the Council in the course of the facilitated workshop. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following goals be and hereby are adopted as the official goals of the City Council directing the leadership priorities for City government. Goals are not in any order of priority. Goal 1: Promote the Inclusion of All Residents in Brooklyn Center's Community Life By: ➢ emphasizing opportunities to include all residents in the community's activities and plans. Goal 2: Support Brookdale Redevelopment By: ➢ use of tax - increment financing ➢ monitoring developer performance and project completion. Goal 3: Continue and Improve Code Enforcement and Compliance Activities By: • ➢ coordinated efforts of the police and community development departments ➢ increased effort and focus on high - density areas, while continuing neighborhood enforcement ➢ continuing to evaluate additional approaches to achieving improved compliance ➢ increased enforcement of noise ordinances; barking dogs and other noise generating nuisances. Goal 4: Increase Fighting Crime Proactively By: ➢ continuing high visibility of police in neighborhoods and apartment complexes Neighborhood Watch Programs ➢ including public safety information in all City newsletters. Goal 5: Actively Support Northeast Corner of 69"' Avenue and Brooklyn Boulevard Redevelopment By: ➢ completing project and monitoring developer performance. Goal 6: Continue and Implement Long -Term Financial Planning Within the Constraints Imposed by State Legislature By: ➢ continued five -year planning for utilities and capital improvements ➢ reviewing and developing contingency planning ➢ continuing to evaluate the City's financial priorities. is RESOLUTION NO. 2002-134 • Goal 7: Support and Promote Major Road and Street Improvement Projects By: ➢ completing Brooklyn Boulevard project north of 65'' ➢ advocate for Hennepin County's completion of Brooklyn Boulevard south of 65 ➢ completing Brooklyn Boulevard project with the County in the year 2002 and streetscaping in 2003 ➢ Highway 100: continuing to support and participate in the North Metro Mayor's Highway 100 Council; keeping project schedule with Mn/DOT ➢ supporting and participating in the Interstate 694 widening project, with improved .sound walls, in a manner advantageous to the City of Brooklyn Center. Goal 8: Support Phase III of Joslyn Site Development By: ➢ working with the developer to complete Phase III. Goal 9: Continuing Traffic Enforcement Efforts and Expand Information Available to the Public By: ➢ continuing enforcement efforts through multiple resources ➢ continuing and expanding information to the public on traffic safety and calming efforts ➢ enforcement of noise ordinances as they relate to noise originating from vehicles and vehicular use • Goal 10: Utilize Recommendations Developed in the Opportunity Site Process to Adopt a Vision and Plan for Brooklyn Center's Central Business District By: ➢ additional public input on directions and priorities for development and redevelopment of the Central Business District ➢ establishing specific development priorities for the next five -ten years ➢ modifying and updating the Comprehensive Plan consistent with the results of public input and planning processes. September 23, 2002 Date Mayor � ATTEST: a/W 1 fig-t� City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kay Lasman 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; whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 7e Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE TO THE BROOKLYN CENTER FIRE DEPT RELIEF ASSOCIATION TO OPERATE A PULL -TAB MACHINE (S) AT THE DUOOS BROS AMERICAN LEGION POST 630 WHEREAS, the Minnesota Charitable Gambling Control Board requires a municipality to submit a resolution authorizing issuance of any lawful gambling license within its borders; and WHEREAS, the City of Brooklyn Center allows for such conduct on premises within the City of Brooklyn Center; and WHEREAS, the Brooklyn Center Fire Dept Relief Association has submitted all appropriate and necessary documentation for the license and a background investigation has been conducted by the Brooklyn Center Police Department regarding the manager and all named officers and nothing was found in that investigation that would preclude the issuance of a Minnesota Lawful Gambling License; and • WHEREAS, the Brooklyn Center Fire Dept Relief Association has held and currently holds such a license within the City of Brooklyn Center and there has been no illegal activity with regards to the gambling activities at that location; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, upon the recommendation of the City Manager, that the issuance of a lawful gambling license [for pull tab machine(s)] to the Brooklyn Center Fire Dept Relief Association to operate at the Duoos Bros American Legion Post 630 is hereby approved pursuant to this resolution and Resolution No. 2003 -04 is hereby superceded. 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 � BROOKLYN CENTER - POLICE DEPARTMENT MEMORANDUM TO: City Manager Michael McCauley, City Clerk Sharon Knutson Deputy City Clerk Maria Rosenbaum FROM: Administrative Manager Kim Heiser DATE: March 17, 2003 SUBJECT: Minnesota Lawful Gambling License (Pull Tab) Brooklyn Center Fire Department Relief Association At the January 13, 2003, council meeting a resolution authorizing the issuance of a lawful gambling license to the Brooklyn Center Fire Department Relief Association to operate a pull tab booth at the Duoos Bros American Legion Post. 630 was approved. • On March 14, 2003, I received notification that the Charitable Gambling Board was requesting a revised resolution eliminating the word "Pull Tab Booth" and replacing this with "Pull Tab Machine." I have revised the resolution. I request that this matter be put on the next council agenda and that a new resolution with the correct language be approved that would supercede the previous resolution (2003 -04). I will again need a certified copy of the new approved resolution. This will then be forwarded to the State Gambling Control Board. If you have any questions, please let me know. /kh • City Council Agenda Item No. 7f 3 City of Brooklyn Center A Millennium Community • MEMORANDUM DATE: March 19,2003 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Authorization for the Replacement of Underground Storage Tanks at Cente rook Golf Course. In late 2002, we received a phone call from the Hennepin County Department of Environmental Services requesting information on the underground fuel storage tanks at Centerbrook golf course. These tanks were installed in 1986 and are used to provide fuel for the golf course maintenance equipment. On November 22, 2002, an Environmental Services employee inspected the underground tanks. After completion of the inspection, we were notified that the tanks were in violation of State. of Minnesota underground storage tank rules. The letter indicated that the tanks had not been • registered at the time of installation. Furthermore, the tanks were not compliant with current regulations regarding cathodic protection of tank piping, spill containment and overfill protection. As the frost was already in the ground at the time, with Hennepin County DES -approval, the tanks were emptied for repair in spring 2003. Quotes were solicited for correction of the existing tanks and for replacement of the tanks with above ground tanks. When the bids were received, the cost for repair of the existing tanks was only slightly less t -al replacement with above ground tanks. As the condition of the existing tanks is unknown and, as the tanks may be subject to current or future leaks and the resultant ground contamination, we determined that replacement with above ground tanks was the most cost effective alternative. Furthermore, if tanks repairs are necessary at some point in the future, they could be readily made without having to dig up the tanks. Two quotes are attached for consideration. I would request authorization to proceed with the tank replacement quote from Westside Equipment for the sum of $7,700. It should be noted that neither quote included electrical work or mandated soils inspection. I would estimate the total project cost to be approximately $9,000. The repair would be paid for from the Centerbrook Golf Course Enterprise Fund. 40 301 Shingle Creek Parkway Recreation and Community Center Phone &TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org City of Brooklyn Center A Millennium Community MEMORANDUM Date: March 5, 2003 To: Jim Glasoe From: Joe Ericksen Subject: Centerbrook Fuel Tanks Attached are the two lowest bids I received for the underground fuel tank removal and replacement with above ground tanks. Neither of these bids include electrical work which we can get on our own. I have contacted Peer Engineering and the soil testing would be $295 per tank. Compahy bids Determan Brownie, Inc. Determan bid the project at a total of $9445 for removal and replacement. Soil testing would be an additional $590. Electrical to be determined. • Westside Equipment Westside bid the project at a total of $7700 for removal and replacement. Soil testing would be an additional $590. Electrical to be determined. Could you please present this to Mr. McCauley for approval so we can move on it ASAP. We would like to start as soon as the frost is out of the ground so when we are ready to open the golf course, the project is complete. I would go with Westside. Please let me know if you need further information. 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 MAR -05 -2003 11:05 WESTSIDE EQUIPMENT P.02 Proposal _. Page 1 0 2 pages Quote 42- -10-03 -6720 Jim PETROLEUM & AUtOMOT IVE HANDLING EOUPNENT 902 HIGHWAY 55 • MEDINA, MINNE 55340 Phone 763/478 -9572 FAX 763/478 -2026 PROPOSAi, SUBMrrrt - o To pHOnrE DATE Centerbrook Golf Course 763- 523 -0474 March 5, 2003 STRIT .. � — J08 NAME 5500 Lilac Drive North Golf Course c nv, STATE ANO zIP cooe JOB LOCAMON Brooklyn Center, Minnesota 55430 Brooklyn Center, Minnesota ARM= I 04t PLANS � �JOa PRONE hMe her" submit spemcatlons and estimates For, Subject: Remove and replace two (2) 500 gallon underground storage tanks with one (1) 500 gallon double wall steel tank to be dual product UL142 above ground storage tank, 250/250 gas /diesel with pumps on each end. Equipment: One (1) 500 gallon dual compartment (250/250) UL142 doable wall tank (48 "V7x36 "xx72 "L). Price $1,900.00 Two (2) Gasboy pumps- Price $1,040.00 Two (2) Nozzles. Price $ 70.00 W ree (3) Emergency vents. Price $ 210.00 o (2) standard vents. Price $ 30.00 Two (2) tank gauges. Price $ 50.00 Two (2) overspill. Price $ 300.00 Two (2) overfill. Price $ 50.00 Two (2) caps and adapters. Price $ 50.00 Sales Tax $ 240.00 Removal- Equipment Price $3,940.00 1. Remove existing pump. Evacuation Clause: In the event of Conditions such as: underground rock, debris, high water 1 able, running soil, frost, wet water conditions, or underground utilities in evacuation areas, such will be considered extra and will be charged on a time and material basis. WE Propose hereby to furNsh material ana labor -- complete In ac coraance with above specifications, for the sum of See Prices !. "ent to be made as follows: we reserve the right to stop work and d ellvermes If terms are not me dollars cS c Net: 15 days from date of invoice, a,nVoiced nonth1v on percE:ntaae of work comp leted. Aa4anr_p due 15 days from c annual interest due amounts. y completion_ 1.5$ monthly, 18� charge on past ._. e All material is guaranteed to be as specified. All work to be completed in a workmanlike Authorized v manner according to standard practices. Any alteration or deviation from above spemca- Signature tfons Involving extra costs will be executed only upon written orders, and VIII become an /- extra charge over and above the estimate. All agreements contingent upon strikes, acc- e This proposal may Jim Israelson Not. be klents or delays beyond our control. owner to carry fire, tomado and other necessary in- T surance. our womers are fully Covered by workmen's Inv=nce. withdraw n N e not accepted wit 15 days_ ptance Of Proposal -Tne above prices, specifcations � ndltions are satlsfactory and are hereby accepted. you are authorized signature to do the work as speelfled. Payment will be made as outlined above. Date of Acceptance signature Acciptance signature makes proposal a Contract. Read all print before signing. MAR -05 -2003 11:06 WESTSIDE EQUIPMENT P.03 Proposal page 2 of _? pages Quote 4 02 -10-03 -6720 Jim PETROLEUM 8 AUTOMOTIVE HAMUM3 EQUPNENT 902 HIGHWAY 55 • MEDINA, MINNESOTA 55340 Phone 7631478.9572 FAX 763/478 -2026 PRoPosa SUMMED To PHONE _. SATE Centerbrook Golf Course 763 -523-0474 March 5, 2003 sm" NAME 5500 Lilac Drive North Golf Course CRY. STATE AM ZIP CODE JOB LOCATION .. _ .. Brooklyn Center, Minnesota .95430 ARCI1rTECt - r� Brook Cenfie Min nesota - - � 1 OATS of PiANS � l08 PFIONE t� hereby submit specifications and e stimates for. 1 2. Excavate tank area and remove tanks. NOTE: City of Brooklyn Center to ,provide environmental engineer for mPCA required soil analysis and permit. 3. Transport tank to EPA approved facility for disposal» 4. Backfill and c ompa*rt tank area (surface replacement by owner). e --5 Installation: Price $2,510.00 � 1. Set new tank on existing pad. 2 • Install Psis tank gauges, spill containments, fill caps, overfill alarms, emergency 0. vents and standard vents. Electrical by owner, bollards around tank by owner. Price $1,250.00 Total Price $7,700.00 Note: Site evaluation for contamination required on tank closure not included in prices quoted, nor any type of clean -pup of contaminated soil or any other type of contamination work. Area is to be free and clear of all obstructions; delays ca by others would be an extra charge on a tine and material basis. Evacuation Clause: In the event of conditions such as: underground rock, debris, high water table, running soil, frost, wet water conditions, or underground utilities in evacuation areas; such will be considered extra and wig be charged on a time and material basis. We Propose hereby to furnish material and labor -- complete in accordance with at) specifications, for the sum of_ See Prices Payment to be made as follows: we reserve the right to stop work and deliveries if terms are not met. dollars ($ ), Net: 15 days from date of inv oice, invoiced monthly on percentage of 3t9ri, coop leted. B alance due 15 days from canpletion. 1.5% monthly, 18% annual inte3-est charge past due amounts _ All material Is guaranteed to be as specified. Ail work robe completed in a workmanlike manner accoraing to standard practices. Any alteration or deviation from above specUjta, Autn Lure d t10n5 Involving extra costs will be executed only upon written orders, and will become an �9nat re extra charge over and above the estimate. All agreements contingent upon strbces, ace Jim Israelson idents or delays beyond our control_ owner to carry fire, tornado and other necessary in- mote, This proposal may be surance. Our workers are fully covered by workmen's compenon insurance. widufraw-i by us if not accepted within 1compensation days. ,Mptance of Proposal -n,e above prices. specifications - 04111111l5ndItions are s3d0actory and are hereby accepted. You are authorized Signature to do the work as specified. Payment wit be made as outllnea above. Date of ACceptancf, Signature Acebotance signature makes proposal a contract, 10wAA Mill M sao%lwrw — TOTAL P.03 DETERMAN BROWNIE, 1241 72ND AVENUE N THEAiST • PHONE_ -- 762_571.8110 • Formal Proposal - R Reference Date: 12 19 02 Page: 1 of 1 Attention: GEORGE HENNRICK Re:INSTALL NEW ABOVE GROUND TANKS In response to your inquiry, Determan Brownie, Inc. is pleased to offer the following proposal for your consideration: Description Quantity Extended Price FOB TO YOUR SITE 2- 560 GALLON UL 142 DOUBLE WALL SKID TANKS. INCLUDED VENTING - SPILL CONTAINMENT ALSO INCLUDES 702 FILLRITE TOTAL FOB DBI MPLS $ 5,855.00 • Terms & Conditions of Sale: Payment Terms: 25% down payment required at the time of the order. Net 30 days on °approved credit. Other credit terms may be available, contact DBI for more information. Validity of Offer: 30 calendar days from date of quotation. Shipment Date: The delivery date can be impacted by orders received between now and receipt of your order. Delivery wiil be confirmed at time of order placement. The receipt of a Purchase Order will signify acceptance with the Terms and Conditions of this quotation' Please mention DBI's Reference number when placing your order. If changes to this offer are needed, please advise. Thank you for this opportunity to offer Determan Brownie, Inc. products and services. If you have any questions, concerns or comments, please call me at your earliest convenience. For Determan Brownie, Inc.: G RALD KROB e -mail: GERALDK@DETERMAN:COM • FAX: 763.571.1789 DETERMAW BROWNIE, INC. 1241 72ND AVENUE NOWTHEiAST' . - PHONE­., 763.571.8110 Formal Proposal _ Reference Date: 1219 02 Page: 1 of 1 Attention: GEORGE HENNRICK Re:EXCAVATE 2- 560 STIP UNDRGROUND TANKS In response to your inquiry, Determan Brownie, Inc. is pleased to offer the following proposal for your consideration: Description Quantity Extended Price INCLUDES PERMITTS EXCAVATE AND HAUL TANK TO DBI FOR DISPOSAL.. ALSO REMOVE TWIN PUMP AND PIPING TOTAL FOB DBI MPLS $ 3,590.00 • Terms & Conditions of Sale: Payment Terms: 25% down payment required at the time of the order. Net 30 days on approved credit. Other credit terms may be available, contact DBI for more information. Validity of Offer: 30 calendar days from date of quotation. Shipment Date: The delivery date can be impacted by orders received between now and receipt of your order. Delivery will be confirmed at time of order placement. The receipt of a Purchase Order will signify acceptance with the Terms and Conditions of this quotation. Please mention DBI's Reference number when placing your order. If changes to this offer are needed, please advise. Thank you for this opportunity to offer Determan Brownie, Inc. products and services. If you have any questions, concerns or comments, please call -me at your earliest convenience. For Determan Brownie, Inc.: qO RALD K OB e -mail: GERALDK@DETERMAN.COM • FAX: 763.571.1789 � T i City Council Agenda Item No. 7g • MEMORANDUM TO: Michael J. McCauley, City Manager / } FROM: Ronald A. Warren Planning nd Zoning S ecialis�(. t�J g g p SUBJECT: Site Performance Guarantee Releases DATE: March 19, 2003 As a housekeeping matter, we have undertaken a review of all site performance guarantees being held by the City to determine if they can be recommended for release to clear the books, so to speak, of many guarantees that have been inactive for some time. Some of these guarantees have been held for over 30 years for projects going back as long ago as 1971. These projects /guarantees fall into four categories: 1. Earle Brown Farm projects 2. Projects that may have been released but because of a double filing system were not completely closed out. 3. Projects that have been completed and should have been recommended to the City Council for total release. • 4. Projects where we have an agreement only and no financial guarantee, such as county and school district projects. Under the first category, a number of the guarantees held (12) are related to the development of the Earle Brown Farm by the Brooklyn Center Industrial Park, Inc. (BCIP) group. These are all performance bonds issued, for the most part, by the same bonding company (US Fidelity and Guarantee Company) on behalf of BCIP. The projects, also for the most part, were done by the same construction company (Sheehy Construction Company). One of these guarantees, however, was issued by St. Paul Fire and Marine for Lund Martin Construction Company in 1978 and involved the Palmer Lake Plaza buildings at 6850, 6860, and 6870 Shingle Creek Parkway. The amounts of the remaining guarantees are relatively small and have been reduced from their original amounts based on substantial completion of the site work. Minor things such as viability of plantings, some minor replantings, possibly small amounts of curb and gutter, were the types of things that remained to be completed at that time. The policy then, as I understand it, was that these guarantees would not be released until all of the work in the various projects was completed. It appears that the last formal reviews of these projects was probably done -in about 1980. These buildings have been sold and resold over the years, BCIP, Inc. no longer exists and there is no common developer of the industrial park as there was at that time. I am not aware of any major deficiencies in the site improvements for • these projects. The City's Building Maintenance Ordinance and redevelopment opportunities could possibly be used to correct any serious deficiencies in these sites if they do exist. I believe Page 1 March 19, 2003 the old "Earle Brown Farm" projects should all be released in their entirety. These projects • include the following: Planning Project Bonding Company Comments Commission Address/Description & Amount File No 71008 6530 James Ave N U S Fidelity & Guarantee Co $7,500 Bond 71020 1800 Freeway Blvd U S Fidelity & Guarantee Co BCIP Spec Buildings $3,000 Bond No. 3 & 4 71027 5930 Earle Brown Drive U S Fidelity & Guarantee Co K -Mart I $7,500 Bond 72025 6040 Earle Brown Dr U S Fidelity & Guarantee Co Office Building I $7,500 Bond 72050 68 & York Place U S Fidelity & Guarantee Co This townhouse was Earle Brown Farm $15,000 Bond completed in 1999 and Townhomes another guarantee held at that time was totally released. 72075 6840 Shingle Creek U S Fidelity & Guarantee Co Pkwy $10,000 Bond • Spec Building No. 4 72077 6530 James Ave N U S Fidelity & Guarantee Co $10,000 73018 6840 Shingle Creek U S Fidelity & Guarantee Co Pkwy $15,000 Spec Building No. 4 73037 6800 Shingle Creek U S Fidelity & Guarantee Co This building now owned by Pkwy $15,000 Medtronic and part of Spec Building No. 6 Medtronic campus. 74004 1 6120 Earle Brown Drive f U S Fidelity & Guarantee Co Office Building I $25,000 74022 2400 Freeway Blvd U S Fidelity & Guarantee Co Now Schmitt Music Kennedy -Cohen $15,000 Building 78036 6850, 6860, 6870 St. Paul Fire & Marine Shingle Creek Pkwy — $20,000 Bond Spec Building No. 8 The next category of projects includes projects and uarantees that should have been released, , but because of a double filing system, were not completely closed out. Some of these projects have fallen through the cracks over the years and may have actually been released, but due to a double tracking filing system, were never cleared from the books. Copies of performance • agreements and the financial guarantees are kept in two separate files. One of the files is based on the proposed completion dates of the project and the other, in a separate area, is the actual Page 2 March 19, 2003 I • Planning Commission files. Both contained copies of the original performance agreement and the financial guarantees being held to assure completion of site work. When projects were completed and the City Council authorized release of the guarantees, both files were to be closed out. We have found financial guarantees located in the files based on completion dates even though the Planning Commission files have been closed and purged. This suggests to us that there is a very good chance that these guarantees have been satisfactorily completed but we are asking for City Council authorization to close them out. We are not aware of any problems with the projects and the site improvements. These projects include the following: Planning Project Bonding Company Comments Commission Address /Description & Amount File No 72010 Creek Villa Schumacher Mortgage Co. This project was completed Townhomes $9,000 Bond many years ago and related work has been completed as well. 72084 Riverbrook Summit Insurance Co Summit Insurance Co went Townhomes $60,000 Bond bankrupt in the early 1980's. 66 & 67 /Camden Our records also show another Drive bond was posted for the 42 Townhomes Riverbrook Townhomes for $40,000 in 1976. This financial • guarantee was later released by the City Council upon completion of work. 73003 69 & Humboldt Traveler's Indemnity Co There are no known site Avenue $54,000 Bond deficiencies from the original Humboldt Square construction of this shopping Shopping Center center. 74056 6100 Brooklyn Blvd St. Paul Fire and Marine No known reason why this bond Arthur Treacher's $25,000 Bond is being held. Restaurant 77065 1501 Freeway Blvd $5,000 Bond No known reason why this bond Holiday Inn for an expansion of the Holiday Inn would still be held. Additional financial guarantees have been accepted and released based on completion of site improvements for other projects. 79020 5637 Brooklyn $3,000 Bond No known reason why this Boulevard guarantee is still being held. Office Building Believe all work has been completed. Page 3 March 19, 2003 1 The next category of financial guarantees is for projects that have been completed and should • have been recommended to the City Council for total release. There are no obvious reasons why these guarantees have not been on a Council agenda for release. Some may well be because developers have not pursued the release of these guarantees as required under the performance agreement. Others may be oversights. The following are such projects: Planning Project Bonding Company Comments Commission Address /Description & Amount File No 79057 6700 Shingle Creek Insurance Company of No Guarantee was being held to Parkway America assure replatting and combination Medtronic $65,000 Bond of multiple parcels. This was accomplished when Medtronic acquired and replatted 6800 Shingle Creek Parkway into a common lot. No reason to hold this guarantee. 81065 2700 Freeway Blvd Traveler's Indemnity Guarantee being held to assure Shingle Creek Plaza II $5,000 Bond completion of curb and gutter for common driveway to be shared with property to the east. This was accomplished with the parking lot • and driveway improvements for TGIFriday's /Country Inn. 84010 66 t '' & Shingle Creek Canadian Indemnity This financial guarantee was held Pkwy Company for completion of central parking Shingle Creek Land $150,000 Bond lot serving a number of buildings Company in this area (see 84033 also). Subsequently completed. 84033 6701 Parkway Circle Canadian Indemnity This guarantee being held to Shingle Creek Plaza II Company assure central parking lot covenant Partners $65,000 Bond was filed. This was accomplished under a PUD application and declaration filing in 1995 and 1996. 86012 6160 Summit Drive United Pacific Bond Work completed. Brookdale Corporate Company Center Phase III $3,000 Bond 86017 2950 County Road 10 American Institute of Work completed. Twin City Federal Architects $22,000 Bond 86027 6100 Summit Drive U S Fidelity & Guarantee Work Completed Earle Brown Co • Commons $68,000 Performance Bond Page 4 March 19, 2003 89013 6545 West River Rd • Signa Bond We have received a replacement SuperAmerica $60,000 bond for a new project at this location under Application No. 98024. Total release of that guarantee should be considered during the summer of 2003. 89017 5900 Shingle Creek Amwest Surety Insurance Site improvements for this Pkwy Company expansion of the Brookdale Square Brookdale Square $105,000 Surety Bond Shopping Center has been Shopping Center completed. Additional guarantees have been released for subsequent work. 93006 2300 Freeway Ohio Casualty Insurance Work related to the expansion of Boulevard Company the Salvation Army has been Salvation Army $7,500 Bond completed. 94015 5930 Shingle Creek American Institute of Site work relating to this Pkwy Architects expansion project has been State Farm Insurance $21,600 Bond completed. Building The final category is for projects where the City has an agreement only and no financial guarantee was required. These projects include the county library and various school district • expansion projects and include the following: Planning Project Bonding Company Comments Commission Address /Description & Amount File No 79005 6125 Shingle Creek Agreement only. This is the agreement for the Pkwy original construction of the Hennepin County Hennepin County Library and Library and Service Service Center, which was Center completed many years ago. An expansion project is now underway. 86036 7020 Perry Ave N Agreement only. I Work completed. Willow Lane School 91022 5900 Humboldt Ave Agreement only. Expansion completed a number of N years ago. School district now is Earle Brown constructing a new Earle Brown Elementary School Elementary School. 91421 6500 Humboldt Ave Agreement only. Brooklyn Center High School N project completed in the early Brooklyn Center High 90's. A new expansion project has School been approved. • 93016 3501 65' Ave N Agreement only. I Work related to this expansion Garden City School project has been completed. Page 5 March 19, 2003 • With the Council authorizing the release of the above guarantees, we will have closed out 34 projects for which some performance guarantees were being held. This housekeeping project reduced by more than one half the number of guarantees being held by the City. The remaining 29 guarantees are active and will be processed in the normal manner. It should be noted that we no longer use a double filing system for tracking guarantees. That obviously complicated things. Also, the responsibility for completion and notice of completion still lies with the developer who posted the guarantee. They are required to officially notify the City when improvements are complete. This triggers the guarantee release /reduction process. CC: Brad Hoffinan, Community Development Director • • Page 6 March 19, 2003 City Council Agenda Item No. 7h Member introduced the following resolution and moved its adoption: . RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ENTER INTO AN AGREEMENT WITH INSPEC, INC. TO PROVIDE ENGINEERING SERVICES FOR THE PARTIAL REROOFING OF THE HIPPODROME OF THE EARLE BROWN HERITAGE CENTER WHEREAS, the Earle Brown Heritage Center provides excellent banquet, convention and meeting services for thousands of residents and guest annually; and WHEREAS, the Hippodrome Roof of the facility is approximately 14 years old failing in several ways, including several leaks, inadequate drainage, and membrane deterioration; and WHEREAS, it is necessary to repair this roof at the earliest date possible to eliminate further deterioration and negative impact on the customers we serve. NOW, THEREFORE, BE IT RESOLVED by the City Council of the .City of Brooklyn Center, Minnesota that: I . The City of Brooklyn Center shall enter into an agreement with Inspec, Inc. to provide engineering services for the development of construction documents and to provide • construction observation and quality control testing for the above referenced roof project. The estimated cost of said services is $ 12,000. 2. Said agreement shall be subject to further review of the City Attorney as may be necessary. 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. • • MEMORADUM DATE: March 19, 2003 TO: ' Mike McCauley, City Manager FROM: Curt Boganey, Assistant City Manager SUBJECT: Resolution authorizing an agreement with Inspect Inc., to provide engineering services necessary for partial reproofing of the Hippodrome Roof at the Earle Brown Heritage Center Summary of Request The Hippodrome roof at the Earle Brown Heritage Center is approximately fourteen years old. Over time this relatively flat membrane roof has developed numerous leaks, ponding, and shrunk from the surrounding walls • or roof edge. To eliminate these problems a new roofing product must be installed on an area of approximately 10,000 square feet. The estimated cost of the new roof is $ 100,000. to $130,000. for a 25 to 30 year built up roof. To proceed with these needed repairs the City requested proposals from three engineering gmeenng firms with significant roofing expertise. They were, Inspec Inc. TKDA and Larry Deanes. Inspect and TKDA submitted fonnal proposals (attached ).Based on the cost and experience of the firm, we recommend entering into a contract with Inspect, Inc. They have an excellent reputation and have proposed a very competitive service fee. Inspec not to exceed proposal cost: $ 10,800. Estimated total cost including reimbursable expenses: $ 12 TDKA not to exceed proposal cost: $ 1700. • Funding • The City has sufficient funds in the Capital Budget of the EBHC to cover the cost of the proposed engineering service agreement. We recommend that this project be funded from that source. It is assumed that the cost of repair estimated at up to $ 130,000.00 would require a supplemental appropriation. There is currently $ 100,000. available in the Capital Fund. In fiscal year 2002 the EBHC generated net income before capital and depreciation in excess of $ 360,000. From these two sources the EBHC should have more than sufficient funds to cover the cost of this essential repair. When bids are accepted a funding request for the repair cost will be made. Warranty The city holds a fifteen -year limited warranty from Firestone for the roof in question. Based on our preliminary review of the warranty it appears unlikely that the City will be able to collect any substantial contribution • from Firestone toward the final cost of replacement. We will continue to pursue this issue in hopes of recovering some part of the cost under the warranty provisions. Recommended Action It is recommended that the City Council authorize the City Manager to enter into an agreement with Inspec Inc. to furnish engineering services for the development of construction documents and to provide construction observation and quality control testing for the above referenced re- roofing project. G:\Depts\ADMN \Asst City Mgr\ROOF REPAIR MEM.AGD.03.24.03.doc • i INSPEC, INC. 5801 Duluth Street Minneapolis,MN55422 January 24, 2003 Ph.763546.3434 Fax 763 - 546 -8669 Suite 420 555 West Layton Ave. Mr. Bruce Balanger Milwaukee, WI 53207 Earle Brown Heritage Center Ph. 414-744-6962 City of Brooklyn Center Fax 414-744.6981 6155 Earle Brown Drive Brooklyn Center, MN 55430 RE: Proposal for Engineering Services, 2003 Partial Reroofing of Hippodrome Earle Brown Heritage Center Dear Mr. Balanger: As requested, we are pleased to provide this proposal to furnish engineering services for the development of construction documents and to provide construction observation and quality control testing for the above - referenced reroofing project. • PROJET DESCRIPTION The project involves partial reroofing of the Hippodrome consisting of the low - slope portion of the structure. The roof area is approximately 10,000 square feet and excludes the main barrel roof. An opinion of probable construction cost is $100,000 to $130,000 for a 25- to 30- year built -up roof (not including soft costs). The estimate is based on our evaluation that this project is slightly above average with regard to the complexity and difficulty of reroofing this building. some of the factors that might go into this type of evaluation include staging areas, access to roof areas, sloped -to -flat transitions, and the type and condition of the existing roof system. Our primary concern, however, are the standing seam panels on the rotunda. Because the finish on the existing sheet metal is showing signs of failure, it will be difficult to remove, shorten as necessary, and replace without damage. As the project develops, complete replacement of all he panels may be required for a www.inspec.com satisfactorily finished product. The above cost opinion will be updated as the project develops. It should also be noted that our recent experience with the current bidding climate has shown Engineering& 9se widely varying bid results, which have been difficult to predict. Architectural rvicesforroofs, waterproofing, pavements, and building exteriors. Earle Brown Heritage Center • January 24, 2003 Page Two SCOPE OF SERVICES Site Verification Roof - related details will be verified in the field using exploratory test openings to allow for dimensioning and sketching of the actual existing conditions. Along with dimensioning the building, this information will be used to provide a basis for the development of the reroofing design. Upon conclusion of this segment of work, an updated opinion of construction cost could be developed. Construction Documents Drawings and specification sections will be prepared for this project. If, during the design phase, it is determined there is a reasonable potential that one or more new roof systems could offer performance and/or cost advantages, but would add significant load to the existing structure, we will recommend a structural evaluation be conducted. This structural evaluation will determine the load capacity of the existing structure, based on the original building drawings. The structural evaluation will be handled as a reimbursable. • Based on the background information, viable roof system alternatives will be determined and presented to you for a final decision regarding the reroofing design. Based on your decision for roof system type, construction documents for this project will be fully developed. Once the construction documents have been developed, we will assist you in issuing the project for bid., We will consult with you concerning the more qualified roofing contractors to notify regardig the availability of this project to bid, and we will contact those contractors, if you wish. We can attend a prebid conference to discuss the scope of work with the roofing contractors. Once bids are received, we will assist you in the evaluation of the bids. Construction Observation This service will include the review of contractor submittals, a pre - construction conference with all parties, periodic construction observation during reroofing, verification of pay requests, and a final walkover of the roof. Our on -site observer not only will act as your representative regarding the technical aspects of the project, but will also act as a liaison between you and the contractor with regard to coordination issues that affect the building owner, such as access and staging areas, shutting down air intakes, and resolving other unforeseen problems that may develop. • Earle Brown Heritage Center . January 24, 2003 Page Three Testing Testing of the roof materials and the completed roof system will be conducted. The types of tests will depend upon the type of roof system specified. Our on -site observers have the capability to conduct many of the roofing tests on site, providing prompt test results to the contractor, so that application adjustments can be made during construction, avoiding "after -the- fact" conflicts. Those tests that cannot be conducted on site will be conducted in our in -house laboratory. PROPOSED FEES Site verification and construction documents NTE $8,200 Construction observation and testing NTE $2,600 Reimbursables Actual x 1.10 REMARKS • If this proposal is satisfactory, please sign below and return to us as our authorization to proceed. We invite you to visit our office and laboratory to learn more about our areas of expertise. Also, feel free to visit our web site at www.inspee.com. Thank you for your interest in our services. Very truly yours, DT PEC, Accepted By: By: John Y Skr ba Title: JS /clb Date: I TKDA • ENGINEERS • ARCHITECTS - PLANNERS 1500 Piper Jaff ray Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 February 13, 2003 (651) 292 -4400 (651) 292 -0083 fax www.tkda.com Mr. Bruce Ballanger Operations Manager Earle Brown Heritage Center 6155 Earle Brown Drive Brooklyn Center, Minnesota 55430 Re: Proposal for Architectural Services Partial Re- roofing of Earle Brown Heritage Center City of Brooklyn Center, Minnesota Dear Mr. Ballanger: Pursuant to communications with you, we propose to provide Architectural Services in • connection with the Partial Re- roofing of the Earle Brown Heritage Center, hereinafter called the Project. Our services will be provided in the manner described in this Proposal subject to the terms and conditions set forth in our Professional Services Agreement dated August 2, 2002. Hereinafter, the City of Brooklyn Center is referred to as the OWNER. I. PROJECT DESCRIPTION The "fl at" portion of the roof at the Earle Brown Heritage Center is a ballasted loose laid EPDM roof with structural slope providing for drainage. The roof is approximately 14 years old. The roof is failing in several ways: 1) there are numerous leaks, 2) the slope is not adequate to get water to the drains thus causing ponding, and 3) the membrane has shrunk away from the surrounding walls or roof edge. In order to eliminate the listed problems, the OWNER has requested a Proposal for design and construction administration services for the re- roofing of the "flat" part of the complex. TKDA proposes to design a new built -up asphalt and fiberglass felt roof membrane on a perlite and expanded polystyrene insulation base. The drawings and specifications will meet or exceed NRCA standards. TKDA will conduct a mandatory Contractor pre -bid meeting on site and will • assist during the bidding process and bid - opening. During the construction, TKDA will provide onsite construction observation and drawing review. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity I Mr. Bruce Ballanger Proposal for Architectural Services - Partial Re -ro fin of Earle Brown Heritage Center p roofing E o g Februar y 13, 2003 • Page 2 II. SERVICES TO BE PROVIDED BY TKDA Based on TKDA S understanding of the Project, we propose to provide the following services: A. CONSTRUCTION DOCUMENTS 1. Survey the roof to locate all roof penetrations and mechanical units. 2. Prepare Construction Specifications Manual. 3. Prepare Construction Drawings. B. BIDDING AND CONSTRUCTION 1. Conduct mandatory Contractor pre -bid meeting and walkthrough. • 2. Answer questions during bidding period. 3. Assist during the bid opening and make recommendations to the OWNER regarding Contractor selection. 4. Review Shop Drawings. 5. Conduct daily construction observation during the roofing process. This proposal includes 10 days for this task. III. ADDITIONAL SERVICES If authorized by you, we will furnish or obtain from others Additional Services of the types listed below which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Rate basis as defined our Professional Services Agreement, and such billings shall be over and above any maximum amounts set forth in this Proposal. A. Design of additional roofing to be replaced. B. Material testing. • C. Additional construction observation required beyond the number of days provided in SECTION H.B.S. Mr. Bruce Ballanger Proposal for Architectural Services - Partial Re- roofing of Earle Brown Heritage Center February 13, 2003 Paae 3 b • IV. OWNER'S RESPONSIBILITIES The OWNER'S responsibilities shall be as set forth in our Professional Services Agreement and as further described or clarified hereinbelow: A. Designate one individual to act as the OWNER'S representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project., B. Provide*TKDA with access to the site as required to perform services listed in SECTION II above. C. Provide TKDA with the most recent set of construction documents for the building. • D. Costs associated with publication of advertisement for bids. V. PERIOD OF SERVICE We would expect to start our services promptly upon receipt of your acceptance of this Proposal and to complete SECTION II.A services within two weeks. SECTION II.B services will be concurrent with the construction for a maximum of 10 days total. VI. COMPENSATION Compensation to TKDA for services provided as described in SECTION II of this Proposal shall be on an Hourly Rate basis as described in our Professional Services Agreement in an amount not to exceed $17,000. The level of effort required to accomplish SECTION H services can be affected by factors which are beyond our control. Therefore, if it appears at any time that charges for services rendered under SECTION II will exceed the above, we agree that we will not perform services or incur costs which will result in billings in excess of such amount until we have been advised • by you that additional funds are available and our work can proceed. Mr. Bruce Ballanger Proposal for Architectural Services - Partial Re- roofing of Earle Brown Heritage Center • February 13, 2003 Page 4 VII. CONTRACTUAL INTENT We thank you for the opportunity to submit this Proposal. This letter and attachments constitute your authorization to proceed in accordance with our Professional Services Agreement upon its signature by an authorized official of the City of Brooklyn Center and the return of a signed copy to us. This Proposal will be open for acceptance for 60 days, unless the provisions herein are changed by us in writing prior to that time. Sincerely, Richard N. Sobiech, P.E. Peter M. Brozek, AIA President/CEO Project Manager • ACCEPTED FOR THE CITY OF BROOKLYN PARK, MINNESOTA By Title Date RNS:PMB.jls City Council Agenda Item No. 7i • PROCLAMATION DECLARING MAY 1, 2003, AS SPACE DAY WHEREAS, Space Day is the culminating event of the year -round Embrace Space educational initiative, celebrating the extraordinary achievements, benefits, and opportunities in the exploration and use of space; and WHEREAS, Space Day encourages people of all ages from around the globe to advance science, math and technology education, and to inspire future generations to continue the vision of our space pioneers; and WHEREAS, Space Day is an exciting time for all mankind as we stand at the threshold of a new age of space science and exploration, where the vision of our forefathers will become a reality through the hopes and dreams of our young people; and WHEREAS, the Embrace Space initiative is supported by more than 60 partners representing a broad cross - section of educational, professional and trade associations, youth groups, corporations, and space - related organizations; and • WHEREAS the City f Brooklyn Center y yn ente will loin with other organizations in celebrating Space Day through educating and communicating the excitement and importance of space in our lives. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim May 1, 2003, as Space Day in the City of Brooklyn Center. Date Mayor ATTEST: City Clerk • Lockheed Martin Tactical Systems Naval Electronics & Surveillance Systems P.O. Box 64525 St. Paul, MN 55164 - 0525 LOCKHEED MARTIN March 3, 2003 The Honorable Myrna Kragness 340163 rd Avenue North Brooklyn Center, MN 55429 Dear Mayor Kragness: I am writing this letter to ask your assistance in declaring May 1, 2003 Space Day in the city of Brooklyn Center. Space Day is a unique educational outreach effort championed by Lockheed Martin Corporation to inspire students to study math, science and technology. Space Day 2003 will celebrate the Centennial of Flight. Lockheed Martin Tactical Systems, located in Eagan, Minnesota has celebrated Space Day in a • variety of ways for the past six years. To celebrate Space Day 2003, Lockheed Martin Tactical Systems is working with local schools to enrich learning and engage students through a variety of educational activities. A centerpiece to the Space Day program is the Student Signatures in Space (S) project giving elementary school students the opportunity to send their personal Signatures into space on a future shuttle launch. Lockheed Martin Corporation and NASA have partnered to present the S program. I hope that you will join Lockheed Martin in celebrating Space Day 2003 by signing the enclosed proclamation and returning it in the self - addressed envelope by March 31, 2003. Please feel free to contact me at 651- 456 -2210 with any questions. I thank you for your attention and dedication in enriching educational programs and opportunities in Minnesota. Sincerely, Sheri Grone Director, Communications Lockheed Martin Tactical Systems • City Council Agenda Item No. 7j • PROCLAMATION DECLARING MAY 18 THROUGH 24, 2003, AS SAVE A LIFE WEEK WHEREAS, the Save a Life Foundation's mission is training and developing people as volunteers, equipped with life supporting skills to act in an emergency; and WHEREAS, the Save a Life Foundation heightens public awareness and trains people, especially children in life supporting skills which are essential in maintaining the life of the injured or ill in a man -made or natural emergency until EMS arrives; and WHEREAS, the Save a Life Foundation encourages communities to incorporate the Save a Life for Kids Life Supporting Program for all school age children; and WHEREAS, the Save a Life Foundation will assist these councils with providing citizen training, especially of children, in emergency preparedness and life supporting first aid, including Community Emergency Response Team (CERT) training; and • WHEREAS, the Save a Life Foundation, an affiliate of the Federal Emergency Management Agency, U.S. Homeland Security's Citizen Corps; and WHEREAS, the Save a Life Foundation encourages communities to achieve the status of SALF "CERT - ified" by incorporating it into their 'best practices' and demonstrating a commitment to emergency preparedness. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim May 18 through 24, 2003, as Save a Life Week for Brooklyn Center. Date Mayor ATTEST: City Clerk • National Headquarters SAVE A Luz 9950 Lawrence Ave Ste Schiller er Park, Illinois 60176 -1-1 SALF 216 Ph: (847) 928 -9683 Fax: (847) 928 -9684 '' Save A Life Foundation Toll Free: (888) 892 -0606 Website: www.salf.org Carol J. Spizzirri Founder / President Monday, February 17, 2003 Hon. Myrna Kragness City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: SALF Week May 18 Dear Mayor Kragness: Save A Life Foundation, an affiliate of the Federal Emergency Management Agency /Citizen Corps asks you to consider proclaiming the week of May 18 -24, 2003 as "Save A Life Week" for your municipality. We invite you to join our mission as you have in the past years: "Training and developing people, especially children, as volunteers equipped with basic life supporting first aid skills, to aid in an emergency. " As you are aware, SALF works with municipal leaders and local EMS providers in preparing its citizens, especially children, in Life Supporting First Aid, including cardiopulmonary resuscitation • (CPR), bleed control, the Heimlich maneuver, and the use of an Automatic External Defibrillator (AED) if faced with a man natural, or personal disaster. "Save A Life Week" runs in conjunction with the national "EMS Week," emphasizing the need to work hand - in -hand with one another to help save lives. Thank you for considering this event as part of your community's emergency preparedness efforts. Please forward your Proclamation to SALF's National Headquarters so we can include your support on our website. A sample format for the "Save A Life Week" 2003 Proclamation is enclosed. Sincerely, �r Carol J. Spizzirri Rita Mullins Iry Bock President/Founder Mayor of Palatine Mayor of Hanover Park Encl. • ® 228 City Council Agenda Item No. 7k • MEMORANDUM DATE: March 19, 2003 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works 7 1 SUBJECT: Resolution Approving Contract Addendum for Driveway and Sidewalk Repair and Replacement, Improvement Project Nos. 2000 -01, 02, 03 and 2000 -19, Contract 2000 -B, Garden City Central Street, Storm Drainage, Utility Improvements and Alley Reconstruction After the completion of Improvement Project Nos. 2000 -01, 02, 03 and 2000 -19, Garden City Central Street, Storm Drainage, Utility Improvements and Alley Reconstruction, the City became aware of concrete surface problems within portions of the reconstructed driveways and sidewalks. These problems include surface popouts, which are indentations left when aggregate particles break out of the concrete surface. • At the City's request the general contractor attempted to correct these problems in 2001. Since not all of the repairs made at that time were successful, City staff has continued to work with the general contractor to correct the problems. The Contractor and the City of Brooklyn Center have mutually agreed upon a schedule and method of repair and replacement of said concrete repairs as stated in the Contract Addendum. The development of this document included the inspection of all concrete driveway and sidewalk surfaces within the project and documentation of the repair or replacement action that will be completed. The Contract Addendum establishes a completion date of July 31, 2003 for the work. It also specifies that the Contractor shall assume responsibility for all material, labor and equipment costs needed to complete the work as outlined in the document. It is recommended that the City Council adopt a resolution authorizing execution of a Contract Addendum to complete concrete repair and replacement work. • adoption: Member introduced the following resolution and moved its • . RESOLUTION NO. RESOLUTION APPROVING CONTRACT ADDENDUM FOR DRIVEWAY AND SIDEWALK REPAIR AND REPLACEMENT, IMPROVEMENT PROJECT NOS. 2000 -01, 02, 03 AND 2000 -19, CONTRACT 2000 -B, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, UTILITY IMPROVEMENTS AND ALLEY RECONSTRUCTION WHEREAS, the Contractor and the City of Brooklyn Center entered into a contract and agreement dated April 26, 2000, providing for street and utility improvements for Improvement Project Nos. 2000 -01, 02, 03 and 2000 -19, Contract 2000 -B, Garden City Central Street, Storm Drainage, Utility Improvements and Alley Reconstruction; and WHEREAS, the contract called for the Contractor to furnish all labor, materials, and equipment required to perform all of the work described in the Contract Documents prepared by the City Engineer; and WHEREAS, significant amounts of installed concrete work do not meet contract • requirements for acceptance of said concrete work; and WHEREAS, a Contract Addendum and been prepared to address these issues, and the Contractor and the City of Brooklyn Center have mutually agreed upon a schedule and method of repair and replacement of said concrete work. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor and City Manager are authorized and hereby directed to execute the Contract Addendum. 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. CONTRACT ADDENDUM GARDEN CITY CENTRAL i DRIVEWAY AND SIDEWALK REPAIR AND REPLACEMENT This Addendum made this day of , by and between Arcon Construction, Inc. hereinafter called the CONTRACTOR, and the City of Brooklyn Center hereinafter called the OWNER, witnesseth: WHEREAS, the CONTRACTOR and OWNER entered into a contract and agreement dated April 26` 2000, providing for street and utility improvements for Improvement project Nos. 2000 -01, 02, 03 & 2000 -19, Contract 2000 -B, Garden City Central Street, Storm Drainage, Water Improvements and Alley Reconstruction, hereinafter called the Agreement; and WHEREAS, the Agreement provided for the CONTRACTOR to furnish all labor, materials, and equipment required to perform all of the work described in the Contract Documents of the Agreement prepared by the City Engineer; and WHEREAS, the Agreement requires the CONTRACTOR to furnish and install substantial amounts of concrete work, including driveways, driveway aprons, and sidewalks in accordance with the Contract Documents of the Agreement; and • WHEREAS, significant amounts of installed concrete work do not meet contract requirements for acceptance by the OWNER; and WHEREAS, The CONTRACTOR and OWNER have mutually agreed upon a schedule and method of repair and replacement of said concrete work; and WHEREAS, this Addendum pertains exclusively to the specified concrete work described herein, and does not include other contract work as provided for in the Agreement; and WHEREAS, the CONTRACTOR and OWNER for the consideration stated herein agree as follows: I Scope of Work The CONTRACTOR shall furnish all of the labor, materials and equipment and perform all of the concrete repair and replacement work as described in Exhibit A and Exhibit B, attached hereto, and made a part of this Addendum. The CONTRACTOR shall do everything required of this Addendum, and all Work shall be done in the best and workmanlike manner. The CONTRACTOR shall make good, replace, and renew at his own cost and expense any loss or damage to said Work and adjacent properties and • facilities during the performance of the Work or prior to the final acceptance thereof by the OWNER, and shall be wholly responsible for the performance and completion of such Work. I II • Commencement and Completion of Work The CONTRACTOR shall commence Work under this Addendum within five (5) calendar days of removal of spring road restrictions by the Minnesota Department of Transportation, and no later than May 1, 2003. All work shall be completed by July 31, 2003. Except for delays beyond its control, the CONTRACTOR shall be liable for liquidated damages of $300 /calendar day for incomplete work beyond the completion date, as provided in the Agreement and this Addendum. III Costs The CONTRACTOR shall assume responsibility for all material, equipment and labor costs needed for the completion of all work as required under the Addendum. - The CONTRACTOR agrees to reimburse the OWNER for any expense incurred by the OWNER in correcting any condition which the OWNER deems to create a condition that is unsafe or hazardous with respect to any person when such unsafe or hazardous condition has been caused by the omission or commission of the CONTRACTOR in carrying out the Work specified under this Addendum. The expenses incurred by the OWNER to be reimbursed shall include but not be limited to any wages or overtime pay that the OWNER is required to pay to any of its employees who undertake to correct such condition. Payment shall be made. promptly upon submission of a statement by the OWNER to the CONTRACTOR, and the determination by the OWNER or the • ENGINEER shall be deemed conclusive as to whether or not an unsafe condition was actually present. This provision shall be deemed to relate only to emergency conditions and where feasible, notice of such condition shall first be given to the CONTRACTOR. The liability of the CONTRACTOR under this provision shall not exceed $500.00 for each such defective or hazardous condition. Except as modified in this Addendum and its attachments, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in duplicate as of the day and year first above written. In the presence of: CONTRACTOR: BY David Baum - President I 1 a rl AND Dale Mans - Vice President ��� OWNER: CITY OF BROOKLYN CENTER BY • Mayor AND City Manager (Corporate acknowledgment) • STATE OF MINNESOTA Chisago ) ss. COUNTY. Ur ���► +Y�� On this 17t%ay of March 200 before me personally appeared David Bay & Dale mans to. me personally known, .who, . being duly sworn, did say that he /she is the Pres . and Vice Presa the c0 or vi audm the foregoing instrument b author of its Board of Directors $ g g y ty and said hale Ma=s acknowledged said instrument to be the free act and deed of said corporation. SHEILA FAGERSTROM �Jcry jl � - r,Q ' NOTARY PUBLIC -MINNESOTA My Comm. Expires Jan. 31,2005 Notary Public 0 * My commission expires January 31, 2005 STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) On this day of , before me a Notary Public within and for said County, personally appeared Myrna Kragness and Michael McCauley, to me personally known who, being by me duly sworn they did say that they are respectively the Mayor and City Manager of the City of Brooklyn Center, and that said instrument was signed in behalf of the City of Brooklyn Center by the. • authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of the City of Brooklyn Center. Notary Public My commission expires • EXHIBIT A GARDEN CITY CENTRAL DRIVEWAY APRON AND SIDEWALK REPAIR AND REPLACEMENT All work shall commence by May 1, 2003 and shall be completed by July 31, 2003. Completion date shall include all concrete, bituminous patch and sod restoration and cleanup. 1. All concrete lines shall be sawcut to the full depth (6" to 8 ") prior to removal. Concrete at cut lines, after sawcut, may be required to be broken by jack - hammer prior to removal to prevent damage to adjacent concrete. All removed concrete shall be removed from the City of Brooklyn Center. 2. All bituminous cut lines shall be sawcut the full depth (2 ") prior to removal. Bituminous removed to facilitate concrete'removal and installation shall be disposed of outside of the City of Brooklyn Center. 3.' All concrete for, driveway construction shall be 6" non - reinforced and shall be installed to the configuration as removed. • 4. Any bituminous driveway removed to facilitate new construction shall be replaced with 4" Class 5 aggregate base and 2" bituminous wear. 5. All sod disturbed shall be cut, removed and replaced with 4". of topsoil and MnDot Spec, Section 3878.2(A) sod quality. Sod shall be maintained for a period of 30 calendar days and inspected at the end of the maintenance period. 6. Standard Plate 4005A, .attached shall be part of these specifications. 7. All costs associated with this construction shall include all labor, materials, equipment and traffic control to complete the specified work. All concrete repair and replacement work shall be performed in accordance with applicable portions of the Technical Specifications and Contract documents titled- "The Millennium Project, Contract 2000 -B, Improvement Project Nos: 2000 -01, 02, & 03 except as modified or supplemented as follows: 1. All concrete repair and replacement work shall be performed in accordance with Attached Exhibit B, which generally assigns individual driveways as follows: L' Replacement . 2. Repair (patch, repatch, seal, or combinations thereof) 3. Combination of repair and replacement 4. Driveway acceptable — no work to be performed. Exhibit A/Garden City Central Concrete Repair 1 I. Specific work assigned per Exhibit B may be modified and adjusted in the field as directed by the City and mutually agreed upon between the Contractor and City. 3. All concrete driveway. replacement work shall be furnished and installed per MnDot Specification 2531. 4. All sidewalk replacement work shall be furnished and installed per MnDot Specification 2521. 5. Patching, repatching and sealing shall be performed in accordance with attached Exhibit A2 (Concrete Science specification sheets 1 -3), subject to approval and acceptance of the City Engineer. Final acceptance of all concrete work shall be determined by the City in accordance with the provisions of the Agreement. Exhibit A /Garden Ci ty Central Concrete Repair 2 /VtJ72' ��1'9D - zM eL. N �y �i7V Z )rl W& V, AS 7'2F17 7` ` L?�72ivh�7� R17 -' 22Z17 .Qt7'7D L. L Z- /VE A S Sh<D WA - , L.L. B E 45 2) 2E'Z 7EfD RADIUS AS SPECIFIED. • . E.UG /�!� ElZ 4z a&A1,q7F 00 • ' G. � Q pqr . R pqr gRlq _ �!• -��i � / ¢'' c� . 5 • - �' 'S 0 lm �R/� ESID NON REINFORCED i 8" • ER C . AL NON REINFORCED STANpARD TYPICAL DRIVEWAY ' NOTEi -p •• 01 ' 01/06/2003 MOIL 14:40 FAX 763 X002/004 EXHIBIT AZ CONCINTE SCIENCE SERVICES OF THE rmN CITIES Procedure for Cencretescience Services Pop -out Repair Systtem. I. Identify the size pop -out we are going after, dime size or bigger is the standard, but each job will spec it's - own. 2. Drill out each soft spot or rock pop, to remove the entire rock. We use 1 /2 inch to % inch diamond bits to do this. Each hole goes down about ' /d inches to give us depth to bond the patch 3. Oncoe hole is there we remove all dust etc. from the pop -out. We dampen the hole prior to filling it, but do not leave standing water present. 3. Mix up the pop -out patch to achieve a mixture that is almost runny, mak' sure not to over water and loose strength. , A liquid product called Bond -it is added with water to the inix to achieve our final product 4. Fill pop -out so that repair material fills just above the surface level. Once it has had time to firm up, we compress the product and finish with a leveling stone for ; the final look. This is a general description of how ourrepair crews fix aggregate pop -outs and sofa sports on concrete surfaces. If you have any questions, please call Jason at (763) 42:0 - 4073, 7545 Commerce Street West - Corcoran, MN 55340 Phone: (763) 420 -4073 • Fax: (763 • 'vu'w.canrr;rfe�e:rnce.nrr 01!06!2003 ION 14:41- FAX 763 420 6628 003!004 CO P 0 - OUT PA I� ..ti INCORPORATED — F ebruary Revision Al 4 it Makes Past Permanent Gemara! Product Description Repairs To Pop-Outs ConaeeSciericeS Pop-Out Patch is a dry, ' cementitous mbdure used for. maWng perrTlarolt repairs to concrete surfaces affected by shale pop>olns Simple TO. Use Inatructi for t)" Remove soft spots or bad aggregates -by drilling. Remove all ckist; eta from pa.DKxj . Just Add Water Dampen pop-out area prior to filling but do. not leave any standiirul water present. Mix Pop -Out Patch to achieve a mixture that Isflowable. Do not oven atEC Flo pop-out so No Mixing Necessary #hat repair material 1111113 above a level surface. Allow to set urritil material Is sighty fern; take a pertly knife or trowel to compress patch, then strike the patch flush. Finishh the surface as required. Blend to Color Match (Packaged Ught Grays AvaitabTty Pop-Out Patch is available in 1 gallon pails (no liquid additive;. Use with Other Handling and Health Hmrds ConcreteScience® Brand Product contains Portland Cement Freshly mb ed cement, mortar or concrete may Products cause skin h jury. Contains free ska. Prolonged exposure to dust: may cause delayed lung disease (31111cosls). Smite exposure to dust Use NOSH approved mask for Environmentally Safe silica dust Eyta protection, gloves and impervious ckAing should b9 vwm when thbre is a danger of skin ardor eye coritact. Follow s around good wort: practices regarcfing , ingestion, skin and eyp contact and inhalation. First Aid Eya: Flush thoroughly with dean water. $kin: Wash with warm, soapy water. Intimation: Remove to fresh a1r. Ingestion: Consult a ph ysldan Immediately Read MalglelSffietyDataShoetsfor htd�er,ayc�nadS oval! abl9AOn�COnp�teSds�xe�dls014UI0 ►S car ddsom of Style Corxx'ooWwua PrOdt= W CMXXMed w mrb tltat hs poduct omiarns b the ltd dew AAci s, 's free from msrdwhsirg ddacb, and is ft tcrtho ardnwyAuPvAv for wNo such gooca are used Inasmuch as the use d this proaO by others and 01V facxM 096 ft Pmdtxt *= w= are beyond Gs,aete80eM4 ftdJC s Incorporated oontd CaraeleEcaer>co® Products IneorporaEsd dose nat guWV 5e the reyuh� cbt*OCL S.WOUL.D 7H PRODUCT FAIL70 GI $An8Fr,C TORY riESULTS CONCRMZC{Z'�%L'C* PROD UCTS INC. WdL REPLACE rTS PRODUCT OR A: rr$ OPMOPx REFUND THE PUF(>JME PRICE OF THE PRODUCT MY. THE=t9 THESOLEANDEXCLUSIVEREMEDYFORANYFAILJREOFTHISPRMUCT TO PERFORM AS WARRANTED AND SHALL ALSO CONSTTrUM UQ(JIDATED DAMAGES IN CASE OF LOSS. UNDER NO CIRCUMSTANCES SHALL THE 9UYER SE BCnI ED TQ .or4Y OTHER REMEDY OR DAMA M. REMEDIES FOR WDBCAL. AND CONSEQLerW DAMAJa1 "S ARE SPECFICALLY E)CLUDED. QorV"SCleno0 Products ftapa uL-d aces not a kcm arty pew. to assure ear t arty d>er • A&* In =mw5cn with ft solo or Lam d laic prociml w'il"s VWkalW &Nh=vd by CgxmWSclav4 Products lma potalwl in wring. ConcrcteScicricc( ,) rr oducts . Incorpo 01/06/2003 MON 14:42. FAI 763 420.6628 004!004 60fic9131mtC piClib 91i9P -Ci= PATCH Material 5afet)r Data Sheet j I I I.J. 4 I , , jj jj . i • product Name. Pop -Glut Patch Itneryency Phones (BCO) 721 -807.4 � %hufaetured Far: Concretmkienee Proc)ucrs, Inc. N.M.KA.. Ratings ram 75dS.Corrrneres St. W, Hoaith: NA flommaibility: t:tlRaaetivitys NA PpE: NA Corcoran; MN 55340 Date Prepared: 5/ s' rho• IM► �e��tYk�Li3iSr��IN�1• 1u+ Jlhlrltl�rlP�' �' dk' �! r1: 1•' �. 4_ �f1�1►' t�� .IL�?l L��1YF�ul�"su_S��Ia , i _ � --� - Partlond Cement CAS NUMBER: 6SM-15.1 OSHA PIL- 5OMPF -4 ACGIH TLV: l0mg/m3 -TWA Silica Sorg] CAS NUM1WRt 01-408-60-7 OSHA PEU 0.1 mVm3 (respirable) ACGIH TLY 0,11 mg /m3 (respirable dust) 0.3rrg/m3 (total dust) Vinyl Polymer CAS NUMBER: _ 24937 -788 OSHA PEU SnV/rn3 (respirable) ACGIH UM I Omg /m3 -TWA 15mg/m3 (holm dust) Limestone CAS NUMBERt . 474 -34 -1 OSEIA PEL• 5mg1m3 (respirable) ACGIH W. 10mg1rn3 -TWA A 15mg/m3 (irotd dust) V Calcium Nt Aluminate Cement CAS NUMBIRs 65997 -16 -2 OSHA PEU 5mg 1m3 (►espirobi_l ACGIN W; 10mg /m3.1WA 15mg /m3 (total dust) A s, gaging p Point. NA realty t: ecifi S G (H20_1 .0): 2.3 . Vapor Pressure (mm Hg): NA Malting Points ND n Solubility In water. ei% Appoatancb and odor: Gray povaiar - no odor Vapor Density: NA Evaporation Rate: NA � s Flash Point: NA - Flammable Limitss NA � I ExA sigulshing Media: NA Special Fire Procedures: NA , - Unusssal Fire and Exp i" Harardst NA SECTION V - REACTIVITY • DATA �. Stability: stable a incompabbility: Mineral Adds Hasardous Decomposition or byproducts: CO, CO2, Silicon tetra fluoride (with lydrrN odd) Ntaardous Polymerizations WILL NOT OCCUR. tD . • O Primary Routes of Entry: Inhalatlom YES Skin: YES Ingestions NO O Health Hoxarde: Acute: Portland Centant'nie tte can dry the don & cause alkali bums - Dust ®, irrslats the ayes & upper respiratory system, Chronic Dust can cause inflammation of interior of nose & eyes. Prolonged exposure so dust over the UV may cause scarring of lungs & delayed lung injury {silicosis). Carcinigenieityi NV? NO L4RC Monographs: YES OSHA Regulated: No rt This product itself is not raguiated but B contains small amount of naturally occurring crystalline silica. L4RC Monographs an the Evaluaiicn of the Carcinogenic Risk of Chemical to hurncMS (olume d2, 1987) concludds that :hard is sufficient dvidance for the carcinogenicity of +xystolline t/! Am to experimental anenal,ancl that there is limitEd evidence of the mrcinoserikity of crystalline silica to hcmons, MC Class 2A � Signs and Syn+pterrist Shortness of breath, 44ring, redding of ryes A Medical Conditions Aggravated by Exposure: liypasansiave individuals may dew op c!leryie oem anhs. Emergency and First Aid Pe ocedurea: IMSote eyes wtth water, wash exposed skin erect with water, remove patient to Iresh air.- If accidentally ingested manor may set S cause bowel obstnrclion - ear ult physician. • /7Z 31;, OF BROOKLYN CENTER DRIVEWAY CONDITION ASSESSMENT I I IMPROVEMENT PROJECT 2000 -B Scaling Spalling I I Popouts I 1 I Number Cracked Remove Patch Seal I Leave of & Repatch Only as Date of Field Analysis NAME (ADDRESS i Panels Replace Replace Seal. Is a ' �' :7 , ; ., ...�.: • x: � a r`7M z "°G. ` -3:^ s "' ,l" i s 9 .9 > „ < > .,�•,. {� 6 3 Q;�VENl , �-` 4,,} . ,� ;15£ � u.:.. _ r�- ,..�.� .�r .x,si:..;.; n 11/4/2002 DONALD & CHERYL MEISTER 3400 62ND AVE N 4 4 11/4/2002 DAT & LAUREN LE 3412 62ND AVE N 4 4 11/4/2002 PATRICIA WHITE 3500 62ND AVE N 4. 4 11/4/2002 LAVELLE & MARGARET BEERS DW4 & SW2 3401 62ND AVE N 6 6 6 1114/2002 DWIGHT & FRANCES GUNBERG 3407 62ND AVE N 4 4 4 11/4/2002 CARL & INA MUNSON 3413 62ND AVE N 4 4 4 111412002 ANTHONY MICHAELSON 3501 62ND AVE N 4 4 11/4/2002 OVETTMOORE 3507 62ND AVE N 6 6 6 11/4/2002 WILLIAM & PAULA VARHOL 3318 62ND AVE N 4 4 4 11/4/2002 TUE LEE 3312 62ND AVE N 6 2 4 4 11/412002 TRACY & THOMAS CORWIN 3306 62ND AVE N 4 1 3 3 11/4/2002 KENNETH & VERONICA LUKES 3300 62ND AVE N 4 2 2. 2 11/4/2002 HENRY & KELLY BYRD 3224 62ND AVE N 3 3 11/4/2002 PIA & PAO VU 3218 62ND AVE N 2 2 111412002 ALONZO & DAWN FAIRBANKS 3212 62ND AVE N 4 4 4 11/4/2002 GARY EIDEM 3206 62ND AVE N 4 4 . 4 11/4/2002 THOMAS & PAULA HUNTER 3200 62ND AVE N 4 4 4 1114/2002 DARRELL & JOANN PALMER 3124 62ND AVE N 4 4 4 111412002 DARREL & JILL TAITT 3118 62ND AVE N 4 4 4 1114/2002 DAVID KOLLODGE 3112 62ND AVE N 4 4 4 11/4/2002 JOANN VELDE 3106 62ND AVE N 6 6 11/4/2002 GLENN & BETTY BERGREN 3100 62ND AVE N 4 4 4 1� 1114/2002 JEFFREY & BARBARA FOSS 3012 62ND AVE N 4 4 4 11/4/2002 ROBERT & DIANE OAKVIK 3006 62ND AVE N 6 6 6 11/4/2002 GAIL FRANC 3000 62ND AVE N 4 4 4 11/4/2002 ROBERT & MARGARET FRICKE 3107 62ND AVE N 6 6 6 1114/2002 SANDER & JENNY ANDERSON 3113 62ND AVE N 6 6 11/4/2002 RICK & RENEE PETERSON 3119 62ND AVE N 4 4 4 11/4/2002 KEVIN YANKO 3125 62ND AVE N 6 6 11/4/2002 DAVID & ROSE MARIE MILLER 3201 62ND AVE N 4 4 4 11/4/2002 RICHARD & BETH JOHNSON 3207 62ND AVE N 4 4 4 11/4/2002 ABNER & PASQUALINE JOHNSTON 3213 62ND AVE N 4 2 2 2 *Replace 11/4,2002 LILLIAN ROOD 3219 62ND AVE N 6 6 6 11/4/2002 LOOM HOANG& HUONG TRANG 3301 62ND AVE N 4 4 4 11/4/2002 JON MARCOTTE 3307 62ND AVE N 8 4 4 4 11/4/2002 BRANDON & KRISTIN RUITER 3313 62ND AVE N 4 2 2 2 11/412002 ROGER & LINDA KERN 3319 62ND AVE N 4 4 4 11/4/2002 BONNIE AASLAND 3001 62ND AVE N 6 6 6 11/4/2002 ROBERT & MICHELLE KARLSON 2D/W -S8/N4 3013 62ND AVE N 12 8 12 185 52 129 133 1114/2002 SUSAN LARSON 4DW / 3SW 3006 63RD AVE N 7 7 7� 11/4/2002 NANCY GLENZINSKI 7DW / 3SW 3012 63RD AVE N 10 10 10 11/4/2002 STEVEN & DEBRLOGAN 6DW / 4SW 3018 63RD AVE.N l 10 ' 10 16 1 - i i A VEMENT PROJECT 2000 -B Scaling Spalling Popouts I Number Cracked Remove Patch Seal Leave I of & Repatch Only as ` Date of Field Analysis NAME ADDRESS Panels Replace Replace Seal Is ' 11/4/2002 JOHN & CHERYL TIDRICK 6DW / 5SW 3100 63RD AVE N 11 11 11 j 11/4/2002 ALYSS OLSON' 4DW / 3SW 3106 63RD AVE N 7 7 7 1114/2002 RONALD & SHIRLEY WEIS 4DW / 3SW 3112 63RD AVE N 7 7 7 11/4/2002 MATTHEW & BETTY ST SALVER 4DW / 2SW 3118 63RD AVE N 6' 4 2 2 'Replace 11/4/2002 KYLE NGUYEN 6DW / SSW 3200 63RD AVE N 11 11 11 11/4/2002 YOUA VANG 6DW / 3SW 3206 63RD AVE N 9 9 9 ? 11/4/2002 RAYMOND & JOYCE RIECK 4DW / 4SW 3212 63RD AVE N 8 8 8 € 11/4/2002 EUGENE HESS 4DW/3SW 3218 63RD AVE N 7 7 7 11/4/2002 SCOTT GALUSH & DIANNA SPEARS 4DW/3SW 3300.53RD AVE N 7 7 7 11/4/2002 BRUCE & SHERRY TESMAR 4DW /4SW 3306 63RD AVE N 8 8 8 1114/2002 OLUWAFOLKA MAJEKODUNMI 4DW /4SW 33126 53RD AVE N 8 8 8 11/4/2002 CRAIG NELSON & LEO SCHULTZ 4DW / 4SW 3318 53RD AVE N 8 8 8 11/4/2002 MYRNA KRAGNESS 2D/W 5 PANELS SO.19 PANELS NO. 3401.63RD AVE N 14 14 14 ! 11/4/2002 ALTON & GEORGIANNA PROCTOR 10DW / 5SW 3501 63RD AVE N 15 15 15 11/4/2002 ANZONETTA BRITTON 3001 63RD AVE N 4 2 2 4 "Replace 11/4/2002 STEVE ROSIN 3007 63RD AVE N 4 4 11/4/2002 ROGER & PATRICIA LENZ 3013 63RD AVE N 6 2 4 4 11/4/2002 REGINALD & DARtA GEHRKE 3019 63RD AVE N 6 6 11/412002 RICHARD & SHARON SCHWIETERS 3101 63RD AVE N 4 4 ' 11/412002 BEVERLY WILKERSON 3107 63RD AVE N 4 4 11/4/2002 WALTER JOHNSON 3113 63RD AVE N 6 6 6 11/4/2002 ANDRE & THERESE YANG 3119 63RD AVE N 4 4 11/4/2002 MAYNARD WALKER & JILL TACHENY 3201 63RD.AVE N 4 4 11/4/2002 THOMAS & WENDY WESTBURY 3207 63RD AVE N 6 6 6 11/4/2002 STEVEN OLSON 3213 63RD AVE N 6 6 11/4/2002 MILDRED LORENTZEN 3219 63RD AVE N 4 4 11/4/2002 BETTY BRUNETTE 3301 63RD AVE N 6 4 2 2 11/412002 CARLOS & AIDA PRADA 3307 63RD AVE N 4 4 4 11/412002 WILLIAM & AUDREY NICHOLS 3313 63RD AVE N 4 4 { 1114/2002 LINDA CHA & At YANG 3319 63RD AVE N 4 4 4 11/4/2002 R & ANN WAWERSICH 2912 63RD AVE N 8 8 11/4/2002 TIM & LYNN HORSTMANN 2906 63RD AVE N 6 3 3 3 11/4/2002 DANIEL & BEULAH MITCHELL 2900 63RD AVE N 4 4 4 1114/2002 PAUL & ROZELLA SOULE 2818 63RD AVE N 4 1 3 4 11/4/2002 HARLAN & LILAMAE TRONVOLD 2812 63RD AVE N 4 2 2 4 11/412002 RICHARD & JOAN DANK SR 2806 63RD AVE N 4 4 4 11/412002 STEPHEN & JEANNE PAVLAK 2800 63RD AVE N 4 4 4 11/4/2002 DENNIS & CAROLYN JASICKI 2718 63RD AVE N 4 2 2 4 r 11/4/2002 TIMOTHY ROSTRATTER 2 D/W 2712 63RD AVE N 8 8 8 11/4/2002 TERESA GOWDA 2706 63RD AVE N 6 4 6 11/4/2002 BENJAMIN & JULIE TORELL 2713 63RD AVE N 8 8 8 11/4/2002 DAVID & AUDREY RETRUM 2719 63RD AVE N 4 4 4 11/4/2002 THOMAS SENNETT 2801 63RD AVE N 4 4 4 11/412002 LATONIA JOHNSON 2807 63RD AVE N 8 8 1114/2002 CYNTHIA PETERSON 2813 63RD AVE N 4 4 11/4/2002 GERALDINE BROSE 2819 63RD AVE N 4 4 4 11/4/2002 THOMAS & LILLIAN GOMILAK JR 2901 63RD AVE N 4 4 4 2 IMPROVEMENT PROJECT 2000 -B I Scaling 1 Spaliing P opouts Number Cracked Remove Patch Seal Leave of I & Repatch Only as Date of Field Analysis NAME ADDRESS Panels Replace Replace I Seal Is 11/4/2002 GEORGE BROWN & LINDA STROUSE 2907163RD AVE N 4 4 11/4/2002 FREDRICK & YVONNE BEBENSEE 2913163RD AVE N 4 4 325 88 235 244 c :. .�..^;rM {,,;, =s' ;T.�..E� �cW „z r� �''� rt- ,a l'.�::a .L a:n. �, r», �.a..<..a.§; ,. .i, L .a..�r.�'x.•,.,' "•.;�...,. 6 '4.. H AVE , NU ,NLQ:..nz�.y,:..��,�.,�; r,�;;� .::� .. _ :a,�s _ . .. �;'�,'u....... ... ,r.€ �=.. fr���5:" s �k��`'� , sus �-�•� cue ° fie . 11/4/2002 FRANCIS & LOUISE WHITE 2912 64TH AVE N 4 4 4 1114/2002 KHONESAVAN & NEUANG SOURIVONG 2906 64TH AVE N 4 4 4 11/4/2002 CLIFFORD & CAROL HOLT 2900 64TH AVE N 4 4 4 11/4/2002 EMMANUEL & ROSE EZIKE 2818 64TH AVE N 4 4 4 1114/2002 ROGER & ELETA BLESI 2812 64TH AVE N 6 6 6 11/412002 SCOTT & MELANIE DAVIS 2806 64TH AVE N 4 4 4 11/4/2002 THOMAS & GAIL HOWARD 2800 64TH AVE N 4 4 4 11/412002 MORRIS & ELLEN ALLROGGEN 2718 64TH AVE N 4 4 4 11/4/2002 MELLISA HOFF & JASON RAUNER 2712 64TH AVE N 6 6 6 11/412002 RALPH & MARCELLA ERICKSON 2706 64TH AVE N 4 4 4 111412002• HELEN & ARTHUR FOSS 2700 64TH AVE N 4 4 4 11/4/2002 DANIEL & SHAWN YERKS 2618 64TH AVE N 4 4 4 11/412002 ANN FOSTER 2612 64TH AVE N 4 4 4 11/4/2002 PAULA RUDDY 2606 64TH AVE N 8 8 8 11/4/2002 GREGORY & DOROTHY BARRETT 2600 64TH AVE N 4 4 4 11/4/2002 DELORES HEGSTROM 2601 64TH AVE N 4 2 4 1114/2002 FRED & SHARON SCHMIDT 2607 64TH AVE N 6 6 6 11/4/2002 JOSEPH & NORMA BARNES 2613 64TH AVE N 4 4 4 111412002 SHARON MEIER 2701 64TH AVE N 4 4 4 11/412002 HERBERT & DORIS BADER 2707 64TH AVE N 4 4 4 11/412002 GREG & DONNA JONES 2713 64TH AVE N 6 6 6 11/4/2002 STEVEN & HELEN SLOBODNIK 2719 64TH AVE N 10 10 10 11/4/2002 JAMES & CYNTHIA MEIER 2801 64TH AVE N 4 4 4 11/4/2002 KEITH & HELEN DESJARDINS 2807 64TH AVE N 4 4 4 11/412002 AUDREY MULLEN 2813 64TH AVE N 4 4 4 11/4/2002 MARVICE HOECHERL 2819 64TH AVE N 10 10 11/4/2002 MARK BILGES & TRISHA SWANBERG 2901 64TH AVE N 4 4 4 11/412002 JOHN & LUCY BARLINGAR 2907 64TH AVE N 6 6 11/4/2002 JOSEPH & PATRICIA SIMMON 2913 64TH AVE N 4 4 4 11/4/2002 JOHN & MARIAN TRAUTMANN 2919 64TH AVE N 6 6 6 148 16 130 132 :. ., . - -s �:.• ,.x 1114/2002 GERALD HIRTH 2600165TH AVE N 6 6 6 11/4/2002 RONALD & GEORGIA GODLEWSKI 2606 65TH AVE N 4 4 4 11/4/2002 HAROLD & VIRGINIPETERSON 2601 65TH AVE N 6 OK 11/4/2002 GREGORY PETERSON 2612 65TH AVE N 9 9 9 1114/2002 RICHARD & JOANNE HOLZKNECHT 2618 65TH AVE N 4 4 11/4/2002 JOEL & COLEEN MONROE 2624 65TH AVE N 4 4 11/4/2002 NANCY & VICTOR SEIFERT 2630 65TH AVE N 4 4 i 11/4/2002 STEVEN & DANNA MICKELSON 2 D/W 2700 65TH AVE N 6 2 2 4 6 11/4/2002 CRAIG & DEBRA LONG 2706 65TH AVE N 4 4 1 4 11/412002 MARILYN KANE 2712 65TH AVE N 6 1 1 1 1 1 5 1 6 11/412002 HELEN OSTERLUND 2718 65TH AVE N 4 1 1 1 1 1 3 4 3 ,. Q I - OVEMENT PROJECT 2000 -B Scaling Spalling Popouts Number Cracked_ Remove Patch Seal Leave of & Repatch Only as Date of Field Analysis NAME ADDRESS Panels Replace Replace I Seal Is 11/4/2002 JOHN & RUTH LUNQUIST 2800 65TH AVE N 6 I 6 6 11/4/2002 JELIL ABDELLA & NOURISAID 2806 65TH AVE N 4 ( 4 4 11/412002 WILLIAM & CAROL DURAND 2812 65TH AVE N 6 6 6 11/4/2002 RANDALL & MARY ERATH 2818 65TH AVE N 4 1 1 3 4 1114/2002 ALAN & SANDRA FLOM 2900 65TH AVE N 6 6 6 '11/4/2002 HENRY & ETHEL SCHWARTZ 2906 65TH AVE N 6 6 6 11/4/2002 SONYA HEBEL 2912 65TH AVE N 4 4 111412002 BONITA SMITH 2607 65TH AVE N 4 4 4 11/4/2002 KERRY & SHELLEY ANONSEN 2613 65TH AVE N 6 6 6 1114/2002 PHET & SOMPHANH NOULINTHAVONG 2619 65TH AVE N 4 4 4 11/4/2002 MARK & DIANE CHRIST 2625 65TH AVE N 6 6 6 11/4/2002 ALEXANDER & MARCALLINA JAMES 2701 65TH AVE N 4 4 4 11/4/2002 BRENT BOROWITZ & DEBI BRUUN 2707 65TH AVE N. 4 4 4 11/4/2002 BEVERLY OSIER 2713 65TH AVE N 6 ' 6 6 11/4/2002 MARTIN HOLSATHER 2719 65TH AVE N 4 4 4 11/4/2002 KEITH & KAREN LOVAAS 2801 65TH AVE N 4 4 4 11/412002 RONALD & CORINNE KRONEN 2807 65TH AVE N 4 4 4 I 11/4/2002 MICHAEL & BRIDGID MAGEL 2813 65TH AVE N 4 4 4 11/4/2002 RUSSELL & JUDITH LEWIS 2819 65TH AVE N 4 4 4 11/4/2002 SHIRLEY METZ 2901 65TH AVE N 4 4 4 11/4/2002 SHERRY WOODS 2907 65TH AVE N 6 6 6 11/4/2002 DANIEL & RENEE LETSCH 2913 65TH AVE N 6 6 6 163 5 5 ' 148 145 6 �°,a�;",Gr�c��y.�'"''- Y�Y... "r 667H�AVENI��,NQ��....r s•.%.._ n _. �.as �';;,,;y. .. , es�rac�:<_ ,, a,,. � _ .�: �i � .�.. .r� a ..a .. a 11/4/2002 STEVEN VONSEG & SAENGDEUAN PHILAPHON 2806 66TH AVE N 4 V 4 4 11/4/2002 KANTILAL & LALITA VISAVADIA 2812 66TH AVE N 4. 4 4 11/412002 STEVEN & SUNDAE MEYER 2900 66TH AVE N 6 6 6 11/412002 MAHFOOZ & TRIZSAAD 2906 66TH AVE N 6 6 6 11/4/2002 ANTHONY & LISA JUETTNER 2913 66TH AVE N 6 6 11/4/2002 SCOTT & JEAN GUSTAFSON 2907 66TH AVE N 8 8 11/4/2002 SOUTTA SENGTHONG 2901 66TH AVE N 4 4 11/4/2002 RICARDO & LUISA PIEDADE 2813 66TH AVE N 4 4 4 11/4/2002 RONALD & YVONNE MARTIN 2807 66TH AVE N 4 4 11/412002 JOSEPH & JOAN SIENKO 2801 66TH AVE N 4 1 1 3 1114/2002 KHAMPHET KEOVONGSA & ALOME XAYAPHET 2800 66TH AVE N 4 OK 54 1 19 24 24 11 11/4/2002 ELADIO & JAVIER FLORES 4DW /4SW 6231 BEARD AVE N 8 8 8 1114/2002 KATHERINE BEECH 4DW /2SW 6225 BEARD AVE N 6 6 11/4/2002 BRIAN & BRIDGET KRAUSE 4DW /3SW 6219 BEARD AVE N 7 7 7 11/4/2002 TENG & SYLVIA THAO 4DW /3SW 6213 BEARD AVE N 7 7 7 11/4/2002 ROBERT & MARION BASEL 4DW /3SW 6207 BEARD AVE N 7 7 7 1114/2002 ROBERT MCKENZIE 4DW 13SW 6137 BEARD AVE N 7 2 5 5 ' Replace 111412002 JAMES & BOBBIE SIMONS 2002 6109 BEARD AVE N 11/4/2002 IRENE CLANCY 4DW /3SW 6121 BEARD AVE N 7 7 7 11/4/2002 GLENDA FRIESEN 4DW 13SW 6123 BEARD AVE N 7 7 7 56 8 48 48 i 4 s *OVEMENT PROJECT 2000 -B Scaling Spalling Popouts Number Cracked Remove I Patch Seal Leave of & I Repatch Only as Date of Field Analysis NAME ADDRESS Panels Replace Replace Seal Is .,,.N. . >.. .,.. ... .....: .... ..i „•-,,, ., ..,.. ; n... , ...•, „ u... ,..- ,....�,, s ..: ^:k3.';: _ . °�., - s.;x• +l �±e;° -0¢? „ 't?”, ?oe.i "; u• -,,; a.:(rbf. •xa a; ',C., "'- s' ::Sf°`• - ?'y;' �:y >'' r'T' ., "F' "'.a,. .0 ....'F &, .°,& ; 6a:asvr .5t =s. r, °.�Y",::^t !,,''" ,`.z: ..;g ,;6 . p;r:: u .I °t ::�- '.`<�sb . Y ^` ,ff pROOKLYN, B VR.,.. .. �'M. u��`l, ;t. ” -�,, .. .�.� �.,:c.., ccss< .., x,t 's -��, s '• :...x.... > I;. _,..,. 3 �?`:p .e�. � ' +._.. ..•`. `�'::. ^ "�::� . >: >... '�:.< n..��; .�r:.� _ ...., * f�`:I�"�,. . :.4. ':,�• ,.,.� }: �" 6' P+ sb' �>:�xr:$. >.,rit•. %Y:� >fi.�3,_`. 11/4/2002 GARY WALDRON 62011 BROOKLYN BLVD 4 4 4 11/4/2002 DAVID MONSON & JEANNE MASANZ 6142 BROOKLYN BLVD 4 44 4 :. :.. z ° ,3r, 'x Y:T.'Yh R "' :i'ai ,��st'�'" '.,,,±„ p °'1;;ti` „I` t .. �. _� .;” ;;'.. �_• fit;, :f °. 8"� I -: Y t= $ KLYf� D121VE ' re ». r.. 5 <:i. :, zt, ,: ° ;&. ,. R4 # �. *d, 9 ';., .. z;' �' 00 ......, ... ."..,,:.......:::t..;;�i�.�' ...°v..i�t.s. w- �A.�13x:�� �. ;S. ^'4.:,.....��'..:..,;r': ... .;..,.:��,.., �..�':.� ^p,���:.�•�:..��i':. ?.�. ,_ ..:�.'�'i?'.�h "c�A "x'F, i?,'`...as, 11/4/2002 WILLIAM & LORJEFFERSON 6418 BROOKLYN DR 8 8 8 11/4/2002, ROGER SCHWARTZ 6412 BROOKLYN DR 6 6 6 11/4/2002 RICHARD & PHYLIS FOGAL 6406 BROOKLYN DR. 4 2 2 11/4/2002 HYUK MUEDEKING 6400 BROOKLYN DR 4 4 4 1114/2002 ROBERT & DONNA PETERSON 6336 BROOKLYN DR 6 1 6 6 11/4/2002 DONALD & JEANNE ANDERSON 6330 BROOKLYN DR 6 1 6 6 11/4/2002 RAE WEISNER 6324 BROOKLYN DR 4 1 4 4 11/4/2002 JAMES & BARBARA MCCLURE 6318 BROOKLYN DR 4 I 4 4 11/4/2002 MARK & KIMBERLY HACKETT 6501 BROOKLYN DR 4 4 4 11/4/2002 ELAINE CAMERON 6401 BROOKLYN DR 4 4 4 . 1 11/4/2002 JOYCE SUNDBERG & BERADETTE PENTICOFF 6407 BROOKLYN DR 12 12 1 2 1114/2002 DANIEL DROLLINGER 6413 BROOKLYN DR 4 4 4 11/4/2002 NHIEN TRAN 6312, BROOKLYN DR 8 8 8 . 11/4/2002 SCOTT REILING 6306 BROOKLYN DR 4 2 4 11/4/2002 ANDRIS & CHRISTINE POLIS 6300 BROOKLYN DR 4 2 4 11/4/2002 JEFFREY GUEDES 6319 BROOKLYN DR 8 8 8 11/4/2002 WALTER & DELORES STYER 6325 BROOKLYN DR 4 4 4 11/4/2002 THEODORE & BARBARA FRANET 6331 BROOKLYN DR 8 7 8 11/412002 DALE & KATHLEEN HARTMAN 6301 BROOKLYN DR 4 2 4 11/4/2002 LAO YANG & MAI THAO 6345 BROOKLYN DR 5 5 5 11/4/2002 SHANTHA JAYAPATHY 6309 BROOKLYN DR 5 5 5 11/412002 GREGORY & RENAE BOOKE 6252, BROOKLYN DR 6 6 11/4/2002 THOMAS GREEN 6248 BROOKLYN DR 4 4 4 11/412002 ARTHUR & MARGARET ERICKSON 6244 BROOKLYN DR 4 2 4 11/4/2002 GORDON & ILENE PETERSON 6240 BROOKLYN DR 4 4 11/4/2002 DANA & BARBARA DANIELS 6236 BROOKLYN DR 12 12 12 11/4/2002 CHONG & MOR MOUA 6232 BROOKLYN DR 9 8 9 111/412002 WALTER & ANN JAMES 6228 BROOKLYN DR 4 2 2 4 *Replace 11/4/2002 THEODORE & PAULINE ANDERSON 6224 BROOKLYN DR 4 4 11/4/2002 CARL & KAREN ST JOHN 6218 BROOKLYN DR 6 2 4 6 11/4/2002 JOAN VANTASSEL 6268 BROOKLYN DR 4 4 4 1114/2002 ALYSSA WILSON 6264 BROOKLYN DR 4 4 4 11/4/2002 JOHN & MARGARET EAKINS 6260 BROOKLYN DR 4 2. 4 11/4/2002 MICHAEL SUNDSTROM 6261 BROOKLYN DR 4 2 2 2 4 * Replace 11/4/2002 TIMOTHY THORBUS 6265 BROOKLYN DR 4 4 8 11/4/2002 LARRY & TERESA ROLF 6249 BROOKLYN DR 8 8 6 111412002 - TIMOTHY & LAURA SKE1E 6223 BROOKLYN DR 6 6 11/4 /2002 LAWRENCE & JANE DONDELINGER 6229 BROOKLYN DR 8 8 11/4/2002 THOMAS NARDONE & JENNIFER PALMQUIST 6201 BROOKLYN DR 4 4 111412002 MARCEL & ELIZABETH FRANK 6205 BROOKLYN DR 4 I 4 4 11/412002 DAMON STERZINGER & GERALD STERZINGER 6211 BROOKLYN DR 4 4 4 11/4/2002 MICHAEL & TRACEY VIDEEN 6215 BROOKLYN DR 6 6 5 IMPROVEMENT PROJECT 2000 -B I Scaling j Spalling Popouts . Number Cracked Remove Patch ( Seal Leave I of & Repatch I Only as Date of Field Analysis NAME ADbRESS Panels Replace Replace, Seal I Is 11/4/2002 HAROLD & SYLVIA CHASE 6219 BROOKLYN DR 6` 3 6 GREGORY & RENAE BOOKE 6252 BROOKLYN DR * Replace 235 2 34 180 201 _, ,.;;... •. < ..... .. ...... �...�: ; � ; :� .. --�,u :.:*, -: ,, <� - > � mss: . }3'1 `:��i.; ^' �yyt'e �' %: �,h�+ ' �t k' t R .L Y!. y l.. � mil•` x"ds.. " . �, . u.Li "v'�:'if fie'..�y,.c., -. `• .:•§f. �• �„' i � r � _'"�r ��.r. ' .�,.;.a � '"` ffi. ,; :'�'"b i` a ' ,.,, t d r ��' CHOWENAVEfJUE 30z <r- �s,��s"�'_- ° naaa; ..,r�:'.�.� 4 . 5.:.. i' s�` r; r, 1` � � ., �t9` t ,' . 3. ;;,,.. v » +�.,.w'iM' ... _..,;.r. +a�; } m ..,,,..w,. . +i"4:�ir..,:a.'..afa'�:: !:4... 11/4/2002 DONNA FOSTER 6212 CHOWEN AVE N 4 4 4 11/4/2002 MICHAEL OPHOVEN 6218 CHOWEN AVE N 4 4 11/4/2002 ALAN & LYNN PETERZEN 6224 CHOWEN AVE N 6 6 11/4/2002 SAM & SIVIXAY XAYAVONG 6230 CHOWEN AVE N 6 6 11/4/2002 MEE CHUE & SIMON THAD 6236 CHOWEN AVE N 6 6 11/4/2002 BOUNXOU BIENGBOUASY & VONGPHET CHITAWONG 6231 CHOWEN AVE N 4 .4 4 11/412002 THEODORE & DIANNE REEM 6225 CHOWEN AVE N 4 4 4 11/4/2002 BRADLEY DARSOW 6219 CHOWEN AVE N 4 4 11/4/2002 SIDNEY GREB 6206 CHOWEN AVE N 4 4 4 11/4/2002 TRACY MARTIN 6207 CHOWEN AVE N 4 4 1114/2002 KUA & DAO XIONG 6213 CHOWEN AVE N 6 6 52 36 16 16 P.�B'd z agA#e,�, s , d 1 ", k .1`°,'.° F.r Y l /��fVRENG RQAD .,, w M IRE" ;' - -':x. °d 9.... .R .. c .. , m 11/4/2002 PETER ROJAS & JULIE ERICKSON ROJAS 3102 LAWRENCE RD 4 OK 11/4/2002 GARY MUNSON 3318 LAWRENCE RD 4 2 2 2 11/4/2002 GREGORY RUEFF 3312 LAWRENCE RD 4 4 4 11/4/2002 TODD & KATHRYN BLEEKER 3306 LAWRENCE RD - 4 4 11/412002 TIMOTHY & MARY HOFSTAD 3300 LAWRENCE RD 8 8 8 11/4/2002 YAVUZAKINSEL 3224 LAWRENCE RD 4 2 4 11/4/2002 FLORENCE RATHBUN 3218 LAWRENCE RD 2 2 2 1114/2002 GOITOM DAMER 3212 LAWRENCE RD 4 4 4 11/4/2002 JACKSON & HANNAH FREEMAN 3206 LAWRENCE RD 4 4 4 11/4/2002 LEONARD & KATHERINE JACOBSSON 3200 LAWRENCE RD 9 4 9 11/4/2002 OLIVER & ADELINE STOUTLAND 3118 LAWRENCE RD 4 4 4 1114/2002 DOUGLAS & KIMBERLY GRASKE 3112 LAWRENCE RD 9 9 9 11/4/2002 JOHN & JANE ANDERSON 3101 LAWRENCE RD 4 4 4 11/4/2002 ABEBECH ITICHA & MARGA HUNDE 3105 LAWRENCE RD 4 2 2 2 11/4/2002 AKIN DAVIS 3109 LAWRENCE RD 4 4 11/4/2002 SHERRY GLANTON & RONALD PARNELL 3113 LAWRENCE RD 8 8 8 11/4/2002 DAVID & CAROA HILDEBRANDT 3117 LAWRENCE RD 8 8 8 11/4/2002 ROBERT VEVLE 3121 LAWRENCE RD 4 4 4 11/4/2002 GODFREY JOHNSON JR 3201 LAWRENCE RD 4 4 4 11/4/2002 JOHN & CAROL CARLSON 3207 LAWRENCE RD 4 4 4 11/4/2002 ELAINE ATKINS 3213 LAWRENCE RD 2 2 2 11/4/2002 GEORGE & MARY VIOLETTE JR 3219 LAWRENCE RD 6 3 3 3 *Replace 11/4/2002 GREG & LINDA GUTENBERG 3301 LAWRENCE RD 8 4 4 4 *Replace 1114/2002 RALPH & MARLENE OSLUND 3303 LAWRENCE RD 14 14 14 11/4/2002 LESTER PRICE 3305 LAWRENCE RD 8 8 8 11/412002 CAROL POMROY 3307 LAWRENCE RD 4 4 1 11412 00 2 KENNETH & CAROL CHRISTIANS 3309 LAWRENCE RD 6 6 6 11/4/2002 MEHERETAB ABRAHA 3311 LAWRENCE RD 15 4 15 11/4/2002 WALDO & SYLVIA KUTZKE 3313 LAWRENCE RD 6 6 6 169 19 124 146 4 *6VEMENT PROJECT 2000 -B I Scaling Spalling _ Popouts Number Cracked Remove Patch Seal Leave f & Re patch Only o p y as Date of Field Analysis NAME ADDRESS Panels , Replace Replace Seal Is �°r«. W :� x A':w 'Sti% ' "'�:n. *f� :A" ': ;;�,�•: _';�' � lo'i'n r'�ti.'. .,_r::d ^;,...,..,.,.,.a��r °z'M, MFQRDR .A9�.,'•ai�:w�<..�,�:a '::� ° �.a'��a, A°�.,,;1, =- =.r;:� "�';. _..,...,... ,4:,.;> 11/4/2002 TONY LEE & MAY MAO VU 3100 MUMFORD RD 6 2 4 4 11/4/2002 JAMES KIVI 3112 MUMFORD RD 4 4 11/4/2002 BRUCE & RENEE WILSON 3200 MUMFORD RD 4 4 11/4/2002 DOUGLAS & THERESA SAMS 3206 MUMFORD RD 4 2 2 2 11/4/2002 ROBERT & KATHLEEN MILFORD JR 3212 MUMFORD RD 4 4 4 11/4/2002 JACK & KATHERINE QUITMEYER 3218 MUMFORD RD 6 2 4 4 11/4/2002 BETTY JOHNSON & JERRY MOORE 3224 MUMFORD RD 4 4 4 11/4/2002 MARK ROSSMEISL 3300 MUMFORD RD 4 2 2 2 11/412002 DAVID SCHOTZKO 3306 MUMFORD RD 4 OK 11/412002 JON & PAMELA HAUGHEY 3312 MUMFORD RD 4 4 4 . 11/4/2002 OLUFEMI OLAGBAJU 3318 MUMFORD RD 4 4 1114/2002 TERRY & CARITA LISELL 3012 MUMFORD RD 4 4 4 11/4/2002 DONALD GAY 3006 MUMFORD RD 4 4 11/4/2002 VICKI GOFF & PATRICITULLY . 3018 MUMFORD RD 4 4 4 11/4/2002 HAROLD & LOIS VESENIUS 3007 MUMFORD RD 6 2 4 4 "Replace 11/4/2002 XAY V& SEE LOR YANG 3013 MUMFORD RD 4 4' 4 11/4/2002 MORRIS MATTHEWS 3019 MUMFORD RD 4 4 4 1114/2002 HELEN KUURE 3025 MUMFORD RD 4 OK 11/4/2002 CYRIL & ROSE KOLLODGE 3031 MUMFORD RD 4 OK 11/4/2002 JOHNNY NELSON & DENISE HAAS 3101 MUMFORD RD 6 TAPER 1 5 6 111412002 YOUNG JONG PAO 3107 MUMFORD RD 4 4 11/412002 VIENGXAY & PHOUAN SISOMPHAN 3113 MUMFORD RD 4 4 4 11/4/2002 DALE & GLENDORNELSON 3201 MUMFORD RD 6 6 6 11/4/2002 LILA BIRMINGHAM 3207 MUMFORD RD 4 4 4 11/4/2002 HARLAN & DONNA KNUTSON 3213 MUMFORD RD 4 4 4 11/4/2002 SANDRA KOLANDA 3219 MUMFORD RD 4 4 4 11/4/2002 GARY & CONNIE OLSON 3301 MUMFORD RD 4 4 4 11/4/2002 BRUCE & DEBRLINDQUIST 3307 MUMFORD RD 6 4 2 2 11/4/2002 DANIEL & LEONRAUSTADT 3313 MUMFORD RD 4 4 11/4/2002 WILLIAM COLEMAN JR 3319 MUMFORD RD 6 6 6 1 1114/2002 YEE & SENG HER 2918 MUMFORD RD 4 4 11/4/2002 ANNA THOMPSON 2912 MUMFORD RD 4 4 4 j 11/4/2002 RUBEN MARQUEZ & ROSA TORRES 2906 MUMFORD RD 6 6 11/4/2002 MICHAEL & MAMIE STOKES 2900 MUMFORD RD 4 2 2 2 �. 11/4/2002 DEBRA & DANIEL STARLING 2818 MUMFORD RD 6 6 11/4/2002 MICHAEL CLARKIN 2812 MUMFORD RD 4 4 4 11/4/2002 RICHARD & LUVERN WOLFE 2806 MUMFORD RD 6 5 'Replace 11/4/2002 ERIC & APRIL LIND 2800 MUMFORD RD 14 10. 4 4 Replace 11/412002 DARLEEN JONES 2819 MUMFORD RD 6 4 2 2 ` Replace 11/4/2002 MATTHEW & NOV HER XIONG 2901 MUMFORD RD 4 4 11/4/2002 KEITH & JOHANNA HILL 2907 MUMFORD RD 4 2 2 2 11/4/2002 GARY & REBECCA CRASS 2913 MUMFORD RD 6 3 3 3 202 1 75 108 111 18 NWO _ b 10/22/2002 IMARVIN & MARGARET TRAUTWEIN 3000INASH RD 4 I 2 2 4 � 10/22/2002 LORI & DAVID DUSTIN 3006 NASH RD 4 4 4 7 I IMPROVEMENT PROJECT 2000 -B Scaling Spalling Popouts ;I Number Cracked Remove Patch Seal Leave of & Repatch Only as Date of Field Analysis NAME ADDRESS Panels Replace Replace Seal Is 10/22/2002 MICHAEL GROCHOWSKI 3012 NASH RD 4 4 10/22/2002 JUDITH TIBER 3018 NASH RD 4 2 2 4 10/22/2002 TIMOTHY & KARI JOHNSON 3024 NASH RD 4 4 I 10/22/2002 MARION WIGDAHL 3007 NASH RD 4 3 1 4 10/22/2002 DARLENE PASLEY & CORINE SMITH 3013 NASH RD 4 4 10/22/2002 CHRISTOPHER XIONG & CHUE VANG 3019 NASH RD 6 6 6 10/22/2002 FRANK & RITA BATHKE 2712 NASH RD 8 2 6 8 10/22/2002 ROBERT SMITH 2918 NASH RD 4 2 2 4 10/22/2002 MAYNARD & MARION HENJUM 2912 NASH RD 8 2 8 t 10/22/2002 BOUASONE & SENGCHANH XAYACHAK 2906 NASH RD 6 3 6 10/2212002 JAMES & SANDRA MENZEL 2900 NASH RD 6 6 6 10/22/2002 JUDITH MARSHALL 2818 NASH RD 6 2 4 6 t 10/22/2002 LEE MIX 2812 NASH RD 6 6 10/22/2002 ROXANNE HAMILTON 2806 NASH RD 6 2 6 10/22/2002 WATSON MANGEL 2800 NASH RD 6 2 6 10/2212002 RAYMOND & AUDREY ADEL 2801 NASH RD _ 4 2 4 10/2212002 MARY GERSTNER 2807 NASH RD 4 2 4 10/22/2002 LESTER & LOUISE WICHMANN 2813 NASH RD 6 6 _ 6 10/22/2002 STANLEY & LORRAINE LOKKEN 2819 NASH RD 4 1 4 10/22/2002 DAVID & DEBRA ADAMS 2901 NASH RD 4 4 4 1 10/22/2002 DONALD & KATHLEEN YOUMANS 2907 NASH RD 4 . 4 4 10/22/2002 MICHAEL BERNIER 2913 NASH RD 4 4 4 1114/2002 DONALD MEIER 2919 NASH RD 4 4 4 ' 124 2 33 71 94 6. „�, . .; . '; * *•..:'t <t'sx.s D'tENR1� ^ROAQU4.= ;•,:.,:...� ,,. .. ^' _ �- .,''., ro:.., n «. 1a ✓ 1 1/4/2002 ROGER CHRISTOPHERSON 2912 OHENRY RD 4 4 11/4/2002 IAN & MARY ANN CAMPBELL 2906 OHENRY RD 4 4 4 11/4/2002 YIA LEE & KUE XOUA 2900 OHENRY RD 4 4 4 . 11/4/2002 ELIZABETH JOHNSON 2818 OHENRY RD 6 6 11/4/2002 MAIN'S L PROPERTIES LLC 2812 OHENRY RD 6 6 6 1114/2002 DONNA LEWIS 2806 OHENRY RD 4 4 4 11/4/2002 VERNON & SHIRLEY LINDSTROM 2800 OHENRY RD 6 6 6 111412002 JOSEPH & CATHERINE WETZEL 2724 OHENRY RD 4 4 4 11/4/2002 RAMONIA JACOBS - WILDER & JEOVONI WILDER 2718 OHENRY RD 4 4 4 r 11/4/2002 DIANE OLSON 2712 OHENRY RD 4 4 4 11/4/2002 WALTER & JOYCE YELLOWHAMMER 2706 OHENRY RD 4 1 1 3 3 j 11/4/2002 DALE CERNOHLAVEK & SHANNON BACON 2700 OHENRY RD 4 4 4 11/412002 CLINTON & EVELYN BYRON 2701 OHENRY RD 4 4 4 11/4/2002 REINETTE & GREGORY RAEKER 2707 OHENRY RD 6 6 6 11/4/2002 ALLEN & JEANNE FERGUSON 2713 OHENRY RD 4 4 4 11/4/2002 KENNETH & JOYCE ELRITE 2719 OHENRY RD 4 4 4 11/4/2002 EDWARD & MINDY GOTZH 2725 OHENRY RD 4 4 4 ` 11/4/2002 STEVEN & SUSAN NELSON 2801 OHENRY RD 4 4 4 11/4/2002 DONNA OLSON 2807 OHENRY RD 6 6 6 11/4/2002 ARTHUR & DARLENE KADEN 2813 OHENRY RD 1 1 10 i 11/4/2002 PEOV SENG & MIK TITH 2819 OHENRY RD 4 4 4 11/4/2002 DAVID & VIOLA KANATZ 2901 OHENRY RD 4 4 . 4 8 ! 0 IMPROVEMENT PROJECT 2000 -B Scaling Spalling Po pouts Number Cracked Remove Patch Seal Leave of & Repatch Only as Date of Field Analysis NAME ADDRESS. Panels Replace Replace . Seal Is 11/4/2002 PHILLIP & HEATHER AUSEN 2907 OHENRY RD 4 2 2 2 111412002 KEVIN & MARY GRANT- 2913 OHENRY RD 4 4 11/4/2002 ROSE WINDSPERGER 2919 OHENRY RD 2 2 4 114 1 17 97. 99 TOTALS 1835 12 402 { 1318 1401 45 <0.006% 22% I 76% 2% '2128/03 Field Decision with Ed Antanasoff, Dave Anderson and Dick lacarella i p City Council Agenda Item No. 8 • Northwest Regional Human Rights Coalition Fourth Annual Art Contest Contest background: The contest was established in 1999 by the Northwest Regional Human Rights Coalition. The Northwest Regional Human Rights Coalition is a collaboration of area cities and local human rights commissions that united to work on human rights issues on a regional level. The effort is coordinated by the Northwest Hennepin Human Services Council. The art contest was designed to be a way to introduce 6 7 and 8' grade students to universal human rights issues by using artistic expression. This year roughly 125 students from this region, representing 9 different junior high schools, submitted art for the contest. A panel of judges made decisions about each piece of art by considering the student's use of media, the emotional impact or response of the art, the interpretation of the theme, and the layout or creativity of the piece. The panel of judges arrived at a collection of 22 winning entries. All of the winning art is displayed this evening. The art will also be displayed at several other City Council meetings in the region, the Rockford Road, and Golden Valley Libraries and the top four prizewinning entries are also displayed on the MN Department of Human Rights Website. Brooklyn Center has supported this contest for the past four years by participating in the contest planning committee, by providing judges and an opportunity for the community to see the art during city council meetings, and by providing overall support and participation for regional human rights through Coalition efforts. If anyone has any questions about the contest, please call Valerie Jones at 493 -2802. The following students won honors in this year's contest. NW Regional Human Rights Coalition 2003 Art Contest Winners First Place Steven Picking 8 th Grade Sandburg Middle School Crystal Resident Second Place Monica Berbig 8 th Grade Plymouth Middle School Plymouth Resident Third Place (tie) Hannah Schendel 7 th Grade St. Alphonsus Catholic School Brooklyn Center Resident Anna Matchey 6 th Grade St. Alphonsus Catholic School Brooklyn Park Resident • Honorable Mention Winners Rachelle Nielsen 7" Grade Sacred Heart Catholic School Crystal Resident Monica Sykora 8 1h Grade St. Alphonsus Catholic School Brooklyn Park Resident Becky Jones 7 th Grade St. Raphael Catholic School New Hope Resident Jenna Schluessel 8 1h Grade Plymouth Middle School Plymouth Resident Samantha Hiller 7` Grade St. Raphael Catholic School Plymouth Resident Lisa Turner 8 th Grade Plymouth Middle School New Hope Resident Amanda Jeffy 8 th Grade Sandburg Middle School Crystal Resident Megan Hynes 7 th Grade St. Raphael Catholic School Maple Grove Resident Nikki Busch 7 th Grade St. Alphonsus Catholic School Brooklyn Center Resident Kyla TrYGrade Maple Grove Junior High Maple Grove Resident Sarah Svegal 7 th Grade St. Alphonsus Catholic School Brooklyn Center Resident . Kylene Amsler 7 th Grade St. Alphonsus Catholic School Brooklyn Park Resident Kelsey Rose 7 th Grade St. Alphonsus Catholic School Brooklyn Park Resident Jill Collins 6 th Grade St. Alphonsus Catholic School Brooklyn Park Resident Honorable Mention, School Winners Renee McMillan 8 th Grade Buffalo Community Middle School Greenfield Resident Jared Gup 7 Grade Maple Grove Junior High Maple Grove Resident Philip Janisch 6 th Grade King of Grace Lutheran School Plymouth Resident Liz Scherbing O h Grade Basswood Elementary School Maple Grove Resident Eight of this year's winners are either Brooklyn Center Residents or go to school in Brooklyn Center! • G:\Depts\ADMIN\Asst City Mgr \City Council art contest 2003, Brooklyn Center.doc NWHHSC CONTRIBUTIONS TO THE CITY OF BROOKLYN CENTER AGENCY: Northwest Hennepin Human Services Council MISSION: Research, Planning, and Coordinating Human Services for the 14 Northwest Hennepin cities BELIEVES: 1. Municipalities should share in the responsibility of seeing human services needs are met. 2. Residents and consumers should play a critical role in defining their own needs and problems, and in recommending appropriate solutions. 3. Suburban residents should have access to availability of human services within their own communities. City we serve: Brooklyn Center and 13 other Northwest Suburbs Total Funding for 2002: $1,026,186 2003 Funding NWHHSC receives from Brooklyn Center: $18,670 (Agency plus CO -OP NW) 2003 Funding NWHHSC receives from Grants: $886,186 What NWHHSC provides Brooklyn Center in regards to: RESEARCH PLANNING COORDINATING • Region wide needs • Strategic planning • Communities Targeting assessment • Success by Six Northwest Tobacco • Youth survey Initiative • CO -OP Northwest Work • Collection of secondary • Senior Leadership Force Initiative data Committee • Heritage Festival • Community profile binders • Advisory Commissioners • Regional Human Rights • City demographic sheets • Planning for Immigrant Coalition • Transportation Directory Services . Emergency Services • Guide to Human Services • Apartments Plus — Program ($10,769) planning expansion of • Regional Senior Forum services offered in rental • Children's Mental Health communities Collaborative • Staff liaison to the city who . Planner's Group works with city staff to • Businesses in Brooklyn stream line human Center receive Working services and share Toward Success Packets regional information (family friendly work environments) • Senior Services Network • Senior Leadership Committee • Walk 'N Roll (for children's mental health) • Distributed Youth Tobacco Compliance Check Training Manual • Northwest Faith Collaborative and action groups Partners we Collaborate with: See attached. F What NWHHSC provides to your city: 1. A way for citizens, providers and municipal representatives to be involved in Hennepin County human services decision - making. 2. A source of information about human service needs and programs. 3. Leadership in the community for the effective mobilization of community resources to meet human service needs. 4. Staffing assistance to the municipalities in areas of their involvement in human services, as they may request it. 5. A place to refer citizens with needs and /or problems relating to human services, (i.e. elderly, mentally ill, chemically dependent, youth, etc.) 6. Staffing assistance to community groups who want to organize a planning effort to meet specific needs or problems. 7. The capability to do research on human service issues and needs. 8. Planning staff to participate in regional and county planning activities, in behalf of the municipalities. 9. A way to bring county -wide services and programs into our local communities so that citizens can have better access to them. 10. Assurance that efforts are being made to coordinate the planning of human services and to deter the unnecessary duplication of services. 11. The ability to make presentations on and provide information about needs and services in the area. 12. The means to develop leadership and interest on the part of citizens to be involved in human services. 13. A way to communicate the concerns of the municipalities regarding human service issues to the providers and involved citizens of the area, and visa - versa. What Brooklyn Center would lose if it no longer contributed to the Joint Powers Agreement: 1. NWHHSC leverages 85% of their budget in grants to support human service work in the Northwest Hennepin suburbs. ! 2. NWHHSC has successfully brought together partner agencies in a collaborative effort to better serve the residents of the entire Northwest Hennepin area, reducing duplication of service. 3. The expertise of NWHHSC in identifying historically unlikely groups to participate together collaboratively on projects and programs (i.e., members of the faith communities working together with social service providers on welfare reform programs). See partners list. 4. Coordinator of the Regional Human Rights Coalition and the Heritage Festival. 5. The consistent opportunity to hear what is happening to human services in neighboring cities, and the ways in which other cities are addressing issues. 6. A resource to turn to with requests for special projects (i.e., forums or research on a particular topic of interest to the city). . 7. A networking agency to provide regional exposure for an individual city (publicity regarding projects, funding, etc.). 8. Specific attention given to building relationships with individual cities through the NWHHSC city liaison effort. 9. Residents lose access to the FIN Fam' ( ily Independence Network) welfare to work program. 10. A public (i.e., visible and active) commitment to residents that the city is sharing responsibility for meeting human service needs. In other words, NWHHSC is the reason the city can tell the community that they are addressing human services issues. 11. An opportunity to serve their residents for little cost. 12. Emergency Services dollars that are coordinated by NWHHSC. 13. The opportunity to be included in effective strategies to prevent our youth from using tobacco, keeping in mind that tobacco use is the country's leading cause of death and illness. 14. A resource of best practices research in the field of human services. Community Planning Dollars Total Cities Contribution $108,012 Total Hennepin Count Contribution 106,611 Other Resources 4,874 Total Community $219,497 1. Brooklyn Center = 12,252/108,012 x 219,497= 24,897 (11 %) 2. Brooklyn Park = 23,000/108,012 x 219,497= 46,739 (21 %) 3. Champlin = 9,321/108,012 x 219,497 = 18,942 (9 %) 4. Corcoran = 2,365/108,012 x 219,497 = 4,806 (2 %) 5. Crystal = 9,533/108,012 x 219,497 = 19,373(9%) 6. Dayton = 1,968/108,012 x 219,497 = 3,999 (2 %) 7. Golden Valley = 8,518/108,012 x 219,497 = 17,310(8%) 8. Hanover = 139/108,012 x 219,497 = 282(.01%) 9. Hassan = 1,034/108,012 x 219,497 = 2,101(1%) 10. New Hope = 8,767/108,012 x 219,497 = 17,816 (8 %) 11. Maple Grove = 21,153/108,012 x 219,497 = 42,986 (20 %) 12. Osseo = 1,022/108,012 x 219,497 = 2,076 (1 %) 13. Robbinsdale = 5,932/108,012 x 219,497 = 12,054 (5 %) 14. Rogers = 1,507/108,012 x 219,497 = 3,062 (1 %) 15. Plymouth = 1,520/108,012 x 219,497 = 3,048 1% 219,491 99% * Cities contribution is based on population size * Formula used: City Contribution/Total Cities Contribution x Total Community Planning Dollars What you receive for Community Planning • Regional Needs Assessment • Youth Survey • Community Profile Binder • Grant Writing • City Demographic Information • Transportation Directory • Guide to Human Services • Technical Assistance • Advisory Commission • Staff City Liaison • Heritage Festival • Kids Fair • Invest Northwest Award • Senior Forum • Medicare Forum • Children's Mental Health Collaborative • Senior Provider Network • Walk `N Roll • Cross Cultural Dialogues • Press Releases, Articles • Work with over 75 Organizations • Diversity Calendar ESP Total ESP Revenues $155,184 Direct Services - 119.614 $ 35,570 (Indirect Coordination) % CP ID D Brooklyn Center =11% x 35,570 + 10,769 = 14,788 Brooklyn Park =21% x 35,570 + 24,486 = 31,956 Champlin = 9% x 35,570 + 7,755 = 10,956 Corcoran = 2% x 35,570 + 670 = 1,381 Crystal = 9% x 35,570 + 18,047 = 21,248 Dayton = 2% x 35,570 + -0- = 711.00 Golden Valley = 8% x 35,570 + 8,203 = 11,049 Hanover =.01% x 35,570 + -0- = 3.60 Hassan = 1% x 35,570 + -0- = 356.00 Maple Grove = 20% x 35,570 + 11,881 = 18,995 New Hope = 8% x 35,570 + 21,061 = 23,907 Osseo = 1% x 35,570 + 4,709 = 5,065 Robbinsdale = 5% x 35,570 + 10,696 = 12,474 Rogers = 1% x 35,570 + 1,337 = 1,693 Plymouth = 1% x 35,570 + -0- = 356.00 $154,939 -u i Funds Administered by Northwest Hennepin Human Services Council Utilization by City (All Funds) Clients served between 01- Jan -2002 and 31- Dec -2002 C ity Persons Expenditures Brooklyn Center 20 4% .$10,765.12 4% Brooklyn Park 43 8% $24,486:09 10% Champlin 18 3% $7,755.00 3% Corcoran 2 0% $670.00 0% Crystal 33 6% $18,047.50 7% Excelsior 2 0% $1,105.00 0% Fridley 1 0% $682.15 0% Golden Valley 13 2% $8,203.92 3% Hopkins 30 6% $17,610.00 7% Hopkins2 19 3% $487.05 0% Long Lake 2 0% $1,600.00 1 % Loretto 2 0% $795.00 0% Maple Grove 25 5% $11,881.29 5% Maple Plain 4 1% $2,587.57 1% Minneapolis 12 2% $7,259.83 3% Minnetonka 16 3% $8,471.28 3% Minnetrista 1 0% $940.00 0% Mound 22 4% $9,790.09 4% New Hope 49 9% $21,061.34 8% Orono .2 0% $633.44 0% Osseo 10 2% $4,708.98 2% Plymouth 55 10% $33,146.03 13% Plymouth2 60 11% $1,243.80 0% Robbinsdale 19 3% $10,696.00 4% Rockford 4 1 % $1,311.31 1% Rogers 2 0% $1,336.58 1% Shakopee 1 0% $780.00 0% Shorewood 4 1% $2,625.00 1% Spring Park 4 1% $1,049.77 0% St Bonifacious 4 1% $1,473.52 1% St Louis Park 58 11% $31,967.56 13% Tonka Bay 1 0% $900.00 0% Wayzata 5 1% $3,390.00 1% 543 100% $249,464.22 100% 03- Feb -03 � CO -OP NW Dollars 4 Cities Contributions = 19,111 NWHHSC Contribution = 42,110 61,221 Brooklyn Center = 6418/19,111 x 61,221 = 20,559 Crystal = 4994/19,111 x 61,221 = 15,998 New Hope = 4592/19,111 x 61,221 = 14,710 Robbinsdale = 3107/19,111 x 61,221 = 9,953 61,220 CO -OP NW Services includes: • Workforce Initiative • Regional Human Rights Coalition • Heritage Festival • Cadet Law Enforcement • Cities Contribution is based on population * Formula used: City Contribution/Total Cities Contribution x Total Funding for CO -OP NW Programs CO -OP Success Tobacco McKnight Apts Plus Faith Total NW by 6 Collaborative (61,221) (75,782) (74,482) (103,671) (40,992) (97,125) $453,273 city B.C. 11% 20,559 8,563 8,416 11,715 -0- 10,975 60,228 B.P. -0- 15,942 15,641 21,771 40,992 20,396 114,714 21% Champlin -0- 6,820 6,703 9,330 -0- 8,741 31,594 9% Corcoran -0- 1,516 1,489 2,073 -0- 1,943 7,021 2% Crystal 15,998 6,820 6,703 9,330 -0- 8,741 47,592 9% Dayton -0- 1,516 1,489 2,073 -0- 1,943 7,021 2% Golden -0- 6,063 5,959 8,294 -0- 7,770 28,086 Valley 8% Hanover -0- 7.58 7.44 10.37 -0- 9.70 35.09 .01% Hassan -0- 758 744 1037 -0- 971 3,510 1% Maple -0- 15,156 14,896 20,734 -0- 19,425 70,211 Grove 20% New 14,710 6,063 5,959 8,294 -0- 7,770 42,756 Hope 8% Osseo -0- 758 744 1037 -0- 971 3,510 1% Robbins- 9,953 3,789 3,724 5,184 -0- 4,856 27,506 dale 5% Rogers -0- 758 744 1037 -0- 971 3,510 1% Total 61,220 74,530 73,218 101,919 40,992 95,482 447,361 *$447,361 is approximately 98.7% of $453,273 or program budget total. Programs Provide: Success by 6 • Work on FSC Literacy Workgroup • Reach Out and Read • HUG • Initiative for Violence Free Families • Meeting for All Minds • Coordinated 22 meetings with 208 attendees • Working Toward Success — 24 companies • Participated in Read Across America, Walk `N Roll, Read in a Tent • Presented at 5 Rotary Meetings, 1 Optimist Club, and 4 Mom's Clubs • Distributed 330 Brain Game books • Planned and worked on Meeting for All Minds Conference Tobacco • Hosted 6 Manipulation 101 Presentations to 600 plus kids • Car Care Saturday Presentations to 40 • National Night Out — Youth Displays • Great American Smoke -Out — North Hennepin Community College • Reached out to over 2,300 people • Displays at libraries, schools, clinics, Car Care Saturday • Guide to Smoke -Free Restaurants —1400 • Articles • Partners and Peds • 2" Hand -Smoke Survey McKnight Transportation, Affordable Housing efforts: • Held Transportation Summit — 20 people • Pedestrian Safety Campaign • Assess Immigrant Driver's Education program • Collaborating on Volunteer Driving program • Attend Met Council Meeting • Developed Transportation Guides • Developing City Affordable Housing Inventory • Board Member NCRC • Planner's Group • Participate on several housing committees i Apartments Plus • Served 147 Children ages 5 -15 • Coordinated Homework Club 46 times during the year • Coordinated Fun Club 22 times in the summer • 29 Volunteers donated 330 hours • Family Back to Bingo Night — 60 people • Multi - cultural Dinner for — 50 people • Coordinated Babysitter's Training Class for 11 youth • Developed and distributed Monthly Newsletter for Eden Park —10 times Faith Collaborative • Coordinated Faith Collaborative with at least 10 churches • Coordinated Faith Forum —129 people • Hosted Cross Cultural Connections Lunch at Cross of Glory • Surveyed 150 faith communities and agencies regarding their work • Coordinated 3 action groups — Housing Advocacy, Youth & Family and Adult and Senior Issues Group • Developed and delivered quarterly Faith Collaborative Newsletter • Coordinated Car Care Give Away — 29 cars since 1999 • Coordinated 114 Car Seats donated by North Memorial • Coordinated 4 Car Care Saturdays • Coordinated Discover Program for approximately 20 women and their children i $$ Provided to Cities CO -OP NW CP ESP Programs Total Brooklyn Center 20,559 + = 24,987 + 14,788 + 39,669 = 100,003 Brooklyn Park = 46,739 + 31,956 + 114,714 = 193,409 Champlin = 18,942 + 10,956 + 31,594 = 61,492 Corcoran = 4,806 + 1,381 + 7,021 = 13,208 Crystal 15,998 + = 19,373 + 21,248 + 31,594 = 88,213 Dayton = 3,999 + 711 + 7,071 = 11,781 Golden Valley = 17,310 + 11,049 + 28,046 = 56,405 Hanover = 282 + 3.60 + 35.10 = 320 Hassan = 2,101 + 356 + 3,510 = 5,967 Maple Grove = 42,986 + 18,995 + 70,211 = 132,192 New Hope 14,710 + = 17,816 + 23,907 + 28,046 = 84,479 Osseo = 2,076 + 5,065 + 3,510 = 10,651 Robbinsdale 9,953 + = 12,054 + 12,474 + 17,553 = 52,034 Rogers = 3,062 + 1,693 + 3,510 = 8,265 Total $818,419* *Not included West ESP and Homeless Prevention which brings the total to $983,691. $$ Provided to Cities Minus City Contribution Brooklyn Center 100,003 - 12,252 (CP) - 6,418 (CO -OP) = $81,333 Brooklyn Park 193,404 - 23,000 (CP) = $170,404 Champlin 61,492 - 9,321 (CP) = $52,171 Corcoran 13,208 - 2,365 (CP) = $10,843 Crystal 88,213 - 9,533 (CP) - 4,994 (CO -OP) = $73,686 Dayton 11,781 -1,968 (CP) = $9,813 Golden Valley 56,405 - 8,518 (CP) = $47,887 Hanover 320 -139 (CP) = $181 Hassan 5,967 -1,034 (CP) = $4,933 New Hope 84,479 - 8,767 (CP) - 4,592 (CO -OP) = $71,120 Maple Grove 132,192 - 21,153 (CP) = $111,039 Osseo 10,651 -1,022 (CP) = $9,629 Robbinsdale 52,034 - 5,932 (CP) - 3,107 (CO -OP) = $42,995 Rogers 8,265 - $1,507 (CP) = $6,758 i • City Council Agenda Item No. 9a i adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF LAURI WINTERS WHEREAS, Lauri Winters was the community editor of the Brooklyn Center Sun - Post since March 1995; and WHEREAS, Lauri Winters served the residents of Brooklyn Center by weekly reporting important information about the community including, development and redevelopment issues, new businesses, recreation programs and events, Earle Brown Days activities, street improvement projects, elections, proposed legislation, and many other issues facing Brooklyn Center residents; and WHEREAS, Lauri Winters exhibited a dedication to the Brooklyn Center community that included countless hours and a personal commitment to community programs, events, and activities; and WHEREAS, Lauri Winters' reporting promoted a very positive image of Brooklyn Center; and WHEREAS, her dedicated public service and civic effort for the betterment of the • community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that it expresses its appreciation and recognition of Lauri Winters and her many accomplishments while serving as the community editor for Brooklyn Center Sun -Post. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member • and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9b Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS FTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE EARLE BROWN DAYS PARADE AND ENTERTAINMENT IN THE PARKS ACTIVITIES WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of five thousand dollars ($5,000.00) and has designated it be used to support the Earle Brown Days Parade; and WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of one thousand dollars ($1,000.00) and has designated it be used to support the Entertainment in the Parks Program; and WHEREAS, the City Council is appreciative of the donations and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: • 1. Acknowledges the donations with gratitude. 2. Appropriates the donations to the corresponding activity budgets. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City of Brooklyn Center A Millennium Community MEMORANDUM DATE: 3/12/2003 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation for the Gifts of the Brooklyn Center ons Club in Support of the Earle Brown Days Parade and Entertainment in the Parks Activities The Brooklyn Center Lions Club has presented to the City a donation of five thousand dollars.; i . i. ($5,000.00) They have designated that it be used to support the Earle Brown Days Parade. In addition, the Brooklyn Center Lions Club has presented to the City a donation of one thousand dollars ($1,000.00) They have designated that it be used to support the Entertainment in the Parks program. • Staff recommends acceptance of the donations and asks that they be coded to the corresponding activity budgets. 0 301 Shingle Creek Parkway Recreation and Community Center Phone &TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www. cityo fbrooklyncenter. org City Council Agenda Item No. 9c PROCLAMATION • DECLARING APRIL 6 THROUGH 12, 2003, TO BE COMMUNITY DEVELOPMENT WEEK WHEREAS, community development services provided in our community by the Community Development Department are an integral part of our citizens' everyday lives; and WHEREAS, the Community Development Department defines future City directions through such functions and services as land use and comprehensive planning, development plan review, redevelopment, economic development, zoning and subdivision compliance, preservation of existing housing supply, and protective inspections; and WHEREAS, among the City's most fundamental ordinances are those which provide standards for the safe construction of buildings in which people live, work, and play; and WHEREAS through the efforts of code officials and their cooperative relationship with the construction industry, the administration of these health and life - safety standards is assured; and WHEREAS, the technical knowledge, shills, and abilities of the community development staff promotes the health, safety, and comfort of this community which greatly depends • on these protective inspections and services; and WHEREAS, it is highly appropriate that the services provided by the community development staff be recognized and appreciated. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim the week of April 6 through 12, 2003, to be Community Development Week in the City of Brooklyn Center and encourage all citizens to recognize the contributions that community development staff maize every day to our health, safety, comfort, and quality of life and to create awareness as. to the importance of construction and building codes and to spotlight the role of the dedicated code official in administering those codes. Date Mayor • ATTEST: City Clerk City Council Agenda Item No. 9d • CITY OF BROOKLYN CENTER Notice is hereby that a public hearing will be held on the 14th day of April, 2003, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance repealing Chapter 21 of the City Ordinances of the City of Brooklyn Center and adopting a new ordinance regarding taxicabs. 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 REPEALING CHAPTER 21 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER AND ADOPTING A NEW ORDINANCE REGARDING TAXICABS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 21, Public Transportation, of the City Ordinances of the City of Brooklyn Center is hereby repealed in its entirety. Section 2. Chapter 23, General Licensing Regulations, of the City Ordinances of • the City of Brooklyn Center is hereby amended by adding the following new sections: TAXICABS Section 23 -701. DEFINITIONS. Unless the context otherwise clearlv indicates. the following terms. as used in this Section, shall have the meaninas aiven them in this Section: a. "Taxicab" means anv motor vehicle as defined in Minnesota Statutes 169.01 enaaaed in carrvina of persons for hire, whether over a fixed route or not, and whether the motor vehicle is operated from a street stand. or subiect to call from a aaraae, or otherwise operated for hire. The term shall not include motor vehicles_ subiect to control and regulation by the State Public Service Commission, motor vehicles reaularly used by undertakers in carrvina on their business, or motor vehicles hired on an hourly basis. b. "Taxicab Driver" means anv person who drives a taxicab. C. "Street" means anv street, alley, avenue, court, bridge, land, or public place or hiahwav in the Citv of Brooklvn Center. • ORDINANCE NO. • Section 23 -702. TAXICAB LICENSE REOUIRED. No person shall operate a taxicab within the City of Brooklyn Center without disnlavinQ a valid taxicab hermit decal duly issued by the Metropolitan Aimorts Commission and without complvine with the requirements of said issuine authority (and providine proof thereof) reeardine driver qualifications, insurance. vehicle safety. and vehicle insp_ ections. Section 23 -703. TAXICAB DRIVER'S LICENSE REQUIRED. No person shall drive a taxicab within the City of Brooklyn Center without possessine a valid taxicab driver's license duly issued by the Metropolitan Airports Commission. Section 23 -704. DESIGNATION. Each taxicab required to be licensed by this Section shall bear siens identifvine the vehicle as a taxicab. Such siens shall be on the exterior of the vehicle and shall be visible from each side of the vehicle. Section 23 -705. EXEMPTION. • Any taxicab driver licensed to operate in another City carry passeneers from the City where licensed to any place or point within the City and may freely travel upon the streets without beine licensed in accordance with this Section. provided that the taxicab driver shall not be permitted to solicit business or pick up passeneers within the City unless the taxicab and the taxicab driver are licensed as required by this Section. Section 3. Transitional Provision. Licenses issued under Chapter 21 for the calendar year 2003 will continue to be valid for the year 2003. No license fees will be returned or prorated. Section 4. This ordinance shall be effective after adoption and thirty 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.) Office of the City Clerk OX City o f Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk jwtvt, DATE: March 17, 2003 SUBJECT: An Ordinance Repealing Chapter 21 of the City Ordinances of the City of Brooklyn Center and Adopting a New Ordinance Regarding Taxicabs At its January 13, 2003, Open Forum, the City Council heard from Kenneth Ewer of All Around Transportation and Michelle Reinke of Airport and Town Taxi regarding taxicab licensing requirements. Council direction was for staff to research the issues and report back. At its February 24, 2003, Work Session, the City Council reviewed the materials provided in the agenda packet and discussed taxicab licensing regulations, and it was consensus to further explore the issue of removing taxicab licensing from the City's Ordinances. Attached for Council consideration is an • ordinance that repeals the current chapter regarding public transportation and requirements for City taxicab licenses and replaces it with a new ordinance that regulates taxicabs under the Metropolitan Airports Commission standards and regulations. The proposed new ordinance also incorporates taxicab licensing as a Section in Chapter 23, General Licensing Regulations, rather than providing it as a separate Chapter. The issue of taxicab licensing has been reviewed over the past few years by several other cities. In 2000 the Metropolitan Council established a regional task force to review taxicab licensing requirements in the seven - county metropolitan area. One of the main goals of the task force was to eliminate duplication of taxicab licensing and develop uniform standards with regard to vehicle inspections, taxicab drivers, insurance requirements, etc. The task force dissolved the end of 2001, but several cities chose to eliminate taxicab licensing and adopt the Metropolitan Airports Commission standards. A copy of the Metropolitan Airports Commission Ordinance No. 81 and Taxicab Manual are attached for review. Attachments 0 301 Shingle Creek Parkway Recreation g y Re eation and Community Center Phone &TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 14th day of April, 2003, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance repealing Chapter 21 of the City Ordinances of the City of Brooklyn Center and adopting a new ordinance regarding taxicabs. 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 REPEALING CHAPTER 21 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER AND ADOPTING A NEW ORDINANCE REGARDING TAXICABS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 21, Public Transportation, of the City Ordinances of the City of Brooklyn Center is hereby repealed in its entirety. Section 2. Chapter 23, General Licensing Regulations, of the City Ordinances of . the City of Brooklyn Center is hereby amended by adding the following new sections: TAXICABS Section 23 -701. DEFINITIONS. Unless the context otherwise clearly indicates. the following terms. as used in this Section, shall have the meanings given them in this Section: a. "Taxicab" means any motor vehicle as defined in Minnesota Statutes 169.01 engaged in carrying of nersons for hire. whether over a fixed route or not, and whether the motor vehicle is operated from a street stand, or subiect to call from a garage, or otherwise operated for hire. The term shall not include motor vehicles subiect to control and regulation by the State Public Service Commission, motor vehicles regularly used by undertakers in carrying their business. or motor vehicles hired on an hourly basis. b. "Taxicab Driver" means any person who drives a taxicab. C. "Street" means any street, alley. avenue. court. bridge, land, or public place or highway in the City of Brooklyn Center. ORDINANCE NO. • Section 23 -702. TAXICAB LICENSE REOUIRED. No person shall overate a taxicab within the Citv of Brooklvn Center without diSDlavinE a valid taxicab permit decal dulv issued by the Metropolitan Aire_ orts Commission and without complvinp- with the requirements of said issuine authoritv (and Drovidiniz proof thereof) re2ardiniz driver aualifications, insurance. vehicle safety, and vehicle inspections. Section 23 -703. TAXICAB DRIVER'S LICENSE REQUIRED. No person shall drive a taxicab within the Citv of Brooklvn Center without Dossessine a valid taxicab driver's license dulv issued by the Metropolitan Aimorts Commission. Section 23 -704. DESIGNATION. Each taxicab required to be licensed by this Section shall bear signs identifvina the vehicle as a taxicab. Such signs shall be on the exterior of the vehicle and shall be visible for each side of the vehicle. Section 23 -705. EXEMPTION. • Anv taxicab driver licensed to operate in another Citv may carry .. _ passengers from the Citv where licensed to any Dlace or point within the Citv and may freely travel upon the streets without being licensed in accordance with this Section. provided that the taxicab driver shall not be permitted to solicit business or pick up passengers within the Citv unless the taxicab and the taxicab driver are licensed as reauired by this Section. Section 3. This ordinance shall be effective after adoption and thirty 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.) Currcn -�- ord ;nance CHAPTER 21 - PUBLIC TRANSPORTATION • Section 21 -101. DEFINITIONS. Unless otherwise expressly stated, whenever used in this ordinance, the following words shall have the following meanings: Taxicabs shall mean and include any motor vehicle engaged in the carrying of persons for hire, whether over a fixed route or not, and whether the same is operated from a street stand or subject to calls from a garage, or otherwise operated for hire; but the term shall not include vehicles subject to control and regulation by the Minnesota Public Service Commission. Street shall mean and include any highway, street, alley, avenue, court, or lane in the City of Brooklyn Center. Taxicab drivers shall mean and include any person who drives a taxicab, whether such person be the owner of the taxicab or employed by a taxicab owner. Operator shall mean and include any person owning or directing the use of one or more taxicabs used for hire upon the streets of Brooklyn Center. Persons shall mean and include an individual, firm, partnership, association, corporation, or any similar organization. Taximeter shall mean a meter instrument or device contained in and attached to a taxicab which measures mechanically the distance driven and the waiting time upon which a fare is based. Section 21 -102. LICENSE REQUIRED. No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the City of Brooklyn Center without first having obtained a taxicab license. Provided, however, that any taxicab licensed to operate in any other municipality of this State may carry passengers from said municipality where so licensed to any place or point within the City of Brooklyn Center and may receive passengers for carriage to such municipality where so licensed; but owners and drivers of such vehicles shall not be permitted to solicit business in the City of Brooklyn Center or otherwise operate a taxicab on the streets of Brooklyn Center without being licensed under the provisions of this ordinance. Each applicant for a taxicab license shall apply to the city clerk for such license and must be at least eighteen years of age, must conform to applicable laws of Minnesota, and must furnish to the city clerk information covering each vehicle to be so licensed, giving the full name and address of the owner, the class and passenger - carrying capacity of each vehicle, the mileage and length of time a respective vehicle has been in use, the make of vehicle, the vehicle registration number, and such other information as the city clerk may require. The city clerk,or his/her designee is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry obtained through the Criminal Justice Information System and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. • City of Brooklyn Center 21 -1 City Ordinance Section 21 -103. INSURANCE POLICIES. Before a license shall be issued to any operator, the operator shall furnish the city clerk a certificate of insurance issued by an insurance company who has a Certificate of Authorization from the State of Minnesota (licensed). Such insurance shall insure the taxicab owner and driver against loss from liability for damages on account of bodily injuries or death or for damages to property resulting from the ownership, maintenance, or use of any taxicab to be licensed. The policy shall cover all owned, hired, or nonowned vehicles used by the operator. The minimum limits to be carried shall not be less than: 1. Bodily Injury Liability a. $250,000 each person b. $500,000 each occurrence 2. Property Damage Liability a. $250,000 each occurrence Evidence of such insurance will be in the form of a Certificate of Insurance (ACORD or its equivalent) and shall state that the insurance cannot be canceled, nonrenewed, or undergo any major change in coverage without 30 days prior written notice. Such Certificate shall be furnished to the city clerk prior to the issuance of any license. Section 21 -104. TAXICAB FEE. The applicant applying for a taxicab license shall pay an annual license fee, as set forth by City Council resolution, for each vehicle to be so licensed. • Section 21 -105. EXAMINATION OF TAXICABS. Prior to the use and operation of any vehicle as a taxicab under the provisions of this ordinance, said vehicle shall comply with rules and regulations prescribed in this ordinance. Licensed vehicles may from time to time be subject to inspection by the police department upon reasonable notice. The applicant applying for a taxicab license shall provide a copy of a vehicle inspection certificate issued by a public agency in the Twin Cities metropolitan area within the past three months from the date of application for license. Taxicabs must be in a thoroughly safe condition and must be clean, sanitary, and of good appearance. The TWIN CITIES METROPOLITAN AREA is defined as being comprised of the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. Section 21 -106. DISPLAY OF LICENSES AND MARKINGS. The operator of every taxicab shall display in a conspicuous place on the inside of the taxicab a copy of the license issued for said taxicab. In the event a license is issued covering more than one vehicle, sufficient copies of said license shall be provided to the licensee for each of the vehicles covered. Every taxicab soliciting or accepting business on the streets of Brooklyn Center shall have some designation of the character of the vehicle painted in plain visible letters thereon. • City of Brookl n Center 21 -2 Y City Ordinance II Section 21 -107. TAXIMETER REQUIRED. All taxicabs operated under the authority of this • ordinance shall be equipped with taximeters fastened in front of the passengers, visible and readable to them at all times of day and night. The taximeter shall be operated mechanically by a mechanism of standard design and construction, driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. Taximeters shall be sealed at all points and connections to prevent manipulation which would affect recording and reading reliability. The taximeter shall have thereon a flag to denote when the vehicle is employed and when it is not employed, and it shall be the duty of the driver to throw the flag of such taximeter into a nonrecording position at the termination of each fare trip. Taximeters shall be subject to inspection from time to time by the police department. Upon discovery of inaccurate taximeter operation, the licensee shall be ordered to cease operation until the taximeter is repaired and approved to resume operations upon Brooklyn Center streets. Section 21 -108. RATES. Every taxicab operated under this ordinance shall display in view of all passengers a rate card setting forth the authorized rates of fare. Rates charged shall be set forth by City Council resolution. The driver of any taxicab shall, upon demand by the passenger, render to such passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner, license number, amount of meter reading or charges, and date of transaction. Section 21 -109. TAXICAB DRIVER'S LICENSE. No person shall drive a taxicab in the City of Brooklyn Center unless said person possesses the appropriate license or licenses required under the • provisions of Minnesota law. Said license or licenses shall be displayed in full view of all passengers while such driver is operating a taxicab. Section 21 -110. SEPARABILITY. Every section, provision, or part of this ordinance is declared separable from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part thereof. Section 21 -111. PENALTIES. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. • City of Brooklyn Center 21 -3 Ci ty Ordinance 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 JANUARY 13, 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. Kenneth Ewer, All Around Transportation, addressed the Council regarding taxicab insurance • coverage and questioned why the insurance limits in Brooklyn Center are so high. Michelle Reinke, Airport and Town Taxi, requested that the Council consider licensing taxicabs and drivers separately. Mayor Kragness informed Mr. Ewer and Ms. Reinke that staff will research these issues and report back to them. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the informal open forum at 6:54 p.m. Motion passed unanimously. 2. INVOCATION Mayor Kragness offered the invocation. 3. ADMINISTER CEREMONIAL OATH OF OFFICE City Clerk Sharon Knutson administered a Ceremonial Oath of Office to Mayor Kragness, Councilmember Carmody, and Councilmember Niesen. 01/13/03 -1- i POLICE DEPARTMENT REORGANIZATION PLAN • Mr. Bechthold rese p nted 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 r p esented 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 he taxicab licensing business g g from the City' Ordinances. A motion by Councilmember Carmody, seconded b Councilmember Lasman to extend the meeting g to 11:30 p.m. Motion passed unanimously. • 02/24/03 _2_ Office of the City Clerk City of Brooklyn Center OX A Millennium Community I MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 28, 2003 SUBJECT: Followup on Taxicab Licensing As requested at the January 13, 2003, City Council Open Forum, attached is information Maria Rosenbaum compiled from surrounding cities regarding taxicab licensing. I've also included a copy of Brooklyn Center's taxicab ordinance and a copy of the agenda materials from 1993, the last time the insurance requirements were increased as recommended by the City's risk manager. Please let me know if you need additional information. • - Attachments 0 6301 Shin r 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 City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Maria Rosenbaum, Deputy C ity Clerk �1 � DATE: January 27, 2003 111` SUBJECT: Taxicab Survey I have concluded the taxicab survey and have the following to report. The Metropolitan Airports Commission (MAC) is no longer working with cities regarding the regulation of taxicabs in the metropolitan region. The issue ended in October last year when the cities of St. Paul and Minneapolis opposed to a joint movement of control. Dave Christenson, from the Metropolitan Council, provided that information since Clarence Shallbetter retired last year. Attached is a table regarding the information gathered and copies of the ordinances that were available. Several of the cities surveyed have an ordinance; however, the ordinance is not regulated. None of the cities surveyed have a separate license for the driver of a taxicab. Along with the cities you requested I gathered taxicab information from the City of Bloomington and the MAC. The City of Golden Valley requires taxicabs to be licensed by the City of Bloomington or the MAC. Please let me know if you need any further assistance on this issue. 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 City Insurance Ordinance Comments Repealed Requirements Brooklyn Park $50,000 - bodily injury Yes Only license 24 -8000 (Linda) $100,000 - for injuries to companies. more than one sustained in the same accident They have none in the $25,000 - property City of Brooklyn damage Park. Columbia Heights No No longer license 706 -3678 (Shelly) taxicabs. They do require them to be licensed by another entity. Crystal No 2000 531 -1000 (Janet) Fridley $25,000 - bodily injuries Yes 571 -3450 (Deb) Not less than $50,000 because of bodily injury $5,000 against loss for damage to property Golden Valley Yes Taxicabs must be Stopped licensing 593 -8000 (Jeanine) licensed by the City of approximately in Bloomington or the June 2001 MAC. New Hope $200,000 - bodily injury Yes They have not 40 31 -5100 (Val) $500,000 - for injuries to licensed taxicabs in more than one sustained in many years. the same accident $100,000 - property damage Robbinsdale No Approximately 537 -4534 (Diane) four to years St. Louis Park Yes Do not license 952- 924 -2525 (Ann) taxicabs and/or drivers and have not done so in years. Bloomington $100,000 - bodily injury Yes $300,000 - injuries to more than sustained in the same accident $50,000 - property damage Metropolitan Minimum of: Yes Airports $200,000 Commission (MAC) $600,000 612 - 726 -5578 (John) $200,000 for bodily injury and property damage CITY OF BROOKLYN CENTER Council Meeting Date 1 Q Agcnda Item Number �+ Q/ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: An Ordinance Amending Chapter 21 of the City Ordinances Regarding Public Transportation DEPT. APPRO AL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUNEYMY EXPLANATION: (supplemental sheets attached ) • John R. Simacek, vice president of American Risk Services, Inc., is recommending updates to the City Ordinances in the area of insurance requirements. Section 21 -103 of the City Ordinances reflects his recommendation for increasing the insurance requirements for taxicabs. Section 21 -105 adds a requirement for taxicabs to provide a copy of a vehicle inspection certificate issued by a public agency in the Twin Cities metropolitan area within the past three months from the date of application for license and defines the Twin Cities metropolitan area. This requirement will eliminate our present administrative process to have the taxicab inspected at our inspection station, currently Duke's Amoco. With the elimination of the required inspection at Duke's Amoco, the City save the cost of the inspection fee ($15 per .taxicab). RECOMMENDED CITY COUNCIL ACTION: Approve for first reading An Ordinance Amending Chapter 21 of the City Ordinances Regarding Public Transportation. CITY OF BROOKLYN CENTER ' • Notice is hereby given that a public hearing ill be held ld on the day of , 1993, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 21 of the City Ordinances regarding public transportation. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY ORDINANCES REGARDING PUBLIC TRANSPORTATION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 21 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 21 -103. INSURANCE POLICIES. Before a license shall be issued to any operator, he shall [deposit with] furnish • the city clerk a certificate[s] of insurance issued by an insurance company who has a Certificate of Authorization from the State of Minnesota (licensed) . [duly licensed to transact such business in Minnesota.] Such insurance shall insure the taxicab owner and driver against loss from liability for damages on account of bodily injuries or death[,] or for damages to property resulting from the ownership, maintenance, or use of any taxicab to be licensed_[, and agreeing to pay any judgment creditor to the extent of the amounts specified in such policy. The limit in any such insurance policy shall be not less than $100,000 for bodily injuries to or death of one person, $300,000 on account of any accident resulting in injuries to and /or death of more than one person at a total of $50,000 liability for damage to property of others, rising out of any one accident.] The oolicv shall cover all owned, hared. or nonowned vehicles used by the operator. The minimum limits to be carried shall' not be less than: 1. Bodilv Iniury Liabilitv a. $250.000 each person b. $500,000 each occurrence 2. Prooerty Damaae Liabilitv • a. $250,000 each occurrence ORDINANCE NO. • Evidence of such insurance will be in the form of a Certificate of Insurance (ACORD or its equivalent) and shall state that the insurance cannot be canceled. nonrenewed. or underao anv major chanae in coveraae without 30 days prior written notice. Such Certificate shall be furnished to the city clerk prior to the issuance of anv license. Section 21 -105. EXAMINATION OF TAXICABS. Prior to the use and operation of any vehicle as a taxicab under the provisions of this ordinance, said vehicle shall comply with rules and regulations prescribed in this ordinance. Licensed vehicles may from time to time be subject to inspection by the police department upon reasonable notice. The applicant applvina for a taxicab license shall provide a copv of a vehicle inspection certificate issued by a public aaencv in the Twin Cities metropolitan area within the east three months from the date of application for license. , Taxicabs must be in a thoroughly safe condition and must be clean, sanitary l and of good appearance. The TWIN CITIES METROPOLITAN AREA is defined as beina comprised of the counties of Anoka. Carver. Dakota, Hennepin. Ramsev. Scott. and Washington. • Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 1993. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) Northwest Business Campus American Risk Services, Inc. 3033 Campus Drive, Suite A418 Minneapolis, N1 55441 -2667 TO: (612) 559-7300 Fax: (612) 559 -7(AU November 5, 1993 Ms. Sharon Knutson City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Citv's Ordinance Re¢ardine Taxicabs Dear Sharon: Per your request I am enclosing my suggested wording for Section' 21 -102 of CHAPTER 21 - PUBLIC TRANSPORTATION. I am assuming that there are no off - street taxicab stands or parking areas owned by the taxicab companies. If there • are, then we should make some additional insurance requirements relative to General Liability coverages. The previous limits of liability under this ordinance were as follows: Bodily Injury Liability $ 100,000 each person $ 300,000 each occurrence Property Damage Liability S 50,000 each occurrence In today's values these limits are very low, accordingly, the limits I show are the recommended limits. I have not contacted the insurance carriers to see the availability of these limits, but will do so and advise you accordingly. I hope this fully complies with your request. Please let me know if you do have any questions. Sin y, `l hn R. Simacck Vice President J RS /na Enclosure • . Risk Management Employee Benefits Consultants CHAPTER 21 - PUBLIC TRANSPORTATION • Section 21-103. INSURANCE POLICIES. Before a license shall be issued to any operator he /she shall furnish the City Clerk a Certificate of Insurance issued by an insurance company who has a Certificate of Authorization from the State of Minnesota (licensed). Such insurance shall insure the taxicab owner and driver against loss from liability for damages on account of bodily injury or death or for damage to property resulting from the ownership, maintenance or use of any taxicab to be licensed. The policy shall cover all owned, hired or non-owned vehicles used by the operator. The minimum limits to be carried shall not be less than: Bodily Injury Liability . $ 250,000 each person $ 500,000 each occurrence Property Damage Liability $ 250,000 each occurrence Evidence of such insurance shall be in the form of a Certificate of Insurance (ACORD or it equivalent) and shall state that the insurance cannot be canceled, nonrenewed or undergo any major change in coverage without 30 days prior written • notice. Such Certificate shall be furnished to the City Clerk prior to the issuance of any license. • Taxicab Certificate of Insurance Bodily Injury and Property Damage Liability Landside Use Only Owner 1D ff AVI Tag # By Dare Taxi Owner, Vehicle, and Company Information Name of owner Address Name of insured Address of insured Nance of Taxicab Company Taxicab Number Vehicle Identification Number (VTN) o Vehicle Year Vehicle Make Vehicle Model Insurance Company Tnformafion Filed with the Metropolitan Airports Commission, (hereinafter called "the Commission".) This is to certify that the (name of Insurance. Company) _ � (hereinafter callett" Insurance Company ") of (home address of Insurance Company) has issued to the applicant described in "Taxi Owner, Vehicle, and Company Information" above, a policy or policies of insurance at the address of the insured stated in the said policy or policies and continuing until canceled as provided herein that this policy,or policies provides) automobile bodily in3ury,andproperty damage liability msuranc {Mtmmum of $200,000, $600,000; $204,000)`covering'the c�biigairons imposed on the :applicant t'ar Commercial Vehicle operationytteprovtstons of =4 aria Section 115 Ordinance 81;afthe ; Metropolitan Airports_Cotrimissiotiana the laws of the State of Minnesota. OPW ,., Whenever requested, the Insurance Company agrees to furnish the Commission a duplicate original of the said policy or policies and all endorsements thercon. The Policy names the Commission as an additional insured, ati well as indemnifying and holding the Commission harmless. The Insurance Company must notify the Commission in writing 10 days before the policy may be canceled or changed by endorsement_ The Insurance Company must notify the Commission immediately in writing that a. Vehicle(s) is being deleted from the policy. Countersigned at: Street City State Zip code This day of , Authorized insurance Company Representative (signature) Insurance Company rile No (Policy !f) Policy effective from to The above policy is maintained at: C Ct City Stag Zipcode Certificate holder: Landside Operations MSP International /Airport 4300 Giumack Drivc, St. Paul, MN 55111 -3010 Phone: (612) 726 -5463, Pax: (612) 72 -5603 MAC TAXICAB MANUAL p" S S pk- � � G Z. • m p O � -o Q C. , AIRPOvk • Established by the Airport Director Adopted 05 -09 -1997 Per Ordinance No. 81, Section 5.6 Including Addendum through 09 -30 -2002 Table of Contents I. OPERATING PROCEDURES ..................................................... ............................... 3 • A. POST ROAD PROCEDURES /AVI TAGGED TAXIS .. ............................... 3 B. FRONT CURB PROCEDURES ....................................... ............................... 4 C. SPECIAL REQUEST ......................................................... ..............................5 D. SPECIAL CALL ................................................................. ..............................5 E. HUBERT H. HUMPHREY (HHH) TERMINAL PROCEDURES .............. 5 F. REGIONAL TERMINAL ................................................. ............................... 6 G. GENERAL PROCEDURES ............................................... ..............................6 H. SPECIAL CIRCUMSTANCES ........................................ ............................... 6 II. VEHICLE STANDARDS .............................................................. ............................... 7 A. VEHICLE SIZE ................................................................. ............................... 7 B. SALVAGE VEHICLES ...................................................... ..............................7 C. TAXIMETER REQUIREMENTS / INSPECTIONS ....... ............................... 8 D. LIGHTS ................................................................................ ..............................8 E. STEERING ......................................................................... ............................... 8 F. TIRES .................................................................................. ............................... 8 G. WHEELS .............................................................................. ..............................9 H. SUSPENSION ...................................................................... ..............................9 1. FRAME ............................................................................... ............................... 9 J. BRAKES ............................................................................. ............................... 9 K . EMERGENCY BRAKE ...................................................... .............................10 L. ENGINE ................................................................................ .............................10 • M. TRANSMISSION & DIFFERENTIAL ............................. .............................10 N. FUEL SYSTEM .................................................................... .............................10 O. EXHAUST ............................................................................. .............................10 P. HORN .................................................................................... .............................11 Q. WIPERS ................................................................................ .............................11 R. GLASS ................................................................................... .............................11 S . MIRRORS ............................................................................. .............................11 T. INTERIOR ............................................................................ .............................11 U. COMMUNICATIONS DEVICE ........................................ .............................12 V. MAP ....................................................................................... .............................12 W. BODY .................................................................................... .............................12 X. TRUNK .................................................................................. .............................13 Y. VEHICLE COLOR .............................................................. .............................13 Z. LETTERING ........................................................................ .............................13 III. APPLICATIONS .............................................................................. .............................14 IV. DRIVER APPEARANCE ................................................................ .............................14 V. ADVERTISING ................................................................................ .............................14 VI. TRIP SHEETS .................................................................................. .............................15 • VII. VEHICLE TOWING ....................................................................... .............................15 VIII. RIDERS/TRAINEES ....................................................................... .............................15 1 IX. RECEIPTS ........................................................................................ .............................15 ADDENDUM 07 -31 -97 VEHICLE COLOR ........................... .............................16 ADDENDUM 07 -31 -97 VEHICLE APPEARANCE ................. .............................17 EMERGENCY DECLARATION VOUCHERS ...................... .............................18 I ADDENDUM 09 -30 -02 AIRPORT ASSIGNED TAXICAB NUMBER .......................19 ADDENDUM 09 -30 -02 ALL WHITE PAINT SCHEME ............ .............................20 • 2 i UNDER THE AUTHORITY OF METROPOLITAN AIRPORTS COMMISSION TAXICAB ORDINANCE #81, SECTION 5.6, ALL TAXICABS PICKING UP AT THE • AIRPORT SHALL FOLLOW THE PROCEDURES AS OUTLINED IN THIS MANUAL. I. OPERATING PROCEDURES A. POST ROAD PROCEDURESIAVI TAGGED TAXIS 1. All taxicabs must enter the Post Road holding area prior to being dispatched to the front curb. Taxicabs will automatically be logged into the taxi line in the order that they entered. 2. After entering the holding area, drivers may park anywhere in the taxi parking area until they are called into the staging area. Once the drivers are called, they will be given three and one -half (3.5) minutes to enter into the first up staging area, or as may be adjusted. If the driver fails to enter the first up area in the allotted three and one -half minutes time, that taxi will be dropped to the end of the holding list. Should that taxi fail to respond to the second call up, it will be taken off the list altogether. The driver is then required to exit, and re -enter the holding area before being added back to the end of the regular dispatch queue. 3. Once taxicabs have entered the first up staging area, the drivers must remain with their vehicles. Taxicabs will be called from this area to the curb in the exact order in which they entered the Post Road staging area. • Taxicabs will have two (2) minutes to exit staging. If the driver fails to leave staging in the allotted two (2) minutes, that vehicle will be placed at the end of the staging list. Should the same vehicle fail to respond a second time, then that vehicle will be taken off the list altogether. If they fail to arrive at the front curb within seven (7) minutes after exiting staging, they will then be taken off the list and will be shown as illegal on all taxi terminals. 4. In the event the taxi dispatching system is not operating, taxis will line up in lines and wait for the appropriate taxi light to flash, or a PSA will call your vehicle to the first up and front curb areas. 5. If your AVI tag does not operate correctly, you must contact the Landside Operations Department immediately. Inoperable tags will prevent your taxi from entering the taxi dispatching system and from being able to pick up an airport customer. 6. No driver shall interfere with any other commercial ground transportation operators, vehicles, or activities which may be in this area. 7. Drivers are not to loiter inside the SuperAmerica (SA) store. Once you have purchased your food, use the lounge area or go back to your vehicle. • 8. Vehicle maintenance is prohibited in holding or staging areas. 9. No self - fueling (using gas cans) of any vehicle is allowed. 3 10. Smoking is prohibited along the fence line adjacent to the aviation fuel tank. Drivers must refrain from throwing cigarettes out their window and shall insure that all cigarettes are fully extinguished in their ashtrays. • Smoking is also prohibited near gas pumps and in SA. 11. Driver disputes will result in both drivers being sent to the end of the line. 12. Drivers are not allowed in the taxi booths. 13. Driver disputes will result in disciplinary actions for all drivers involved. 14. No drivers will be allowed to stop at the SA on their way to the curb. Doing this will result in the vehicle being timed out, showing illegal at curbside, and ultimately sent back to the end of the line. 15. With the availability of a car wash, all cars at the front curb should be clean. 16. Only current MAC licensed drivers and permitted vehicles are allowed in the Post Road staging lot. B. FRONT CURB PROCEDURES 1. Once taxis are called to the front curb, the drivers will proceed and take their place at the end of curbside staging line and wait for further call up. Taxis must line up using the left lane first, middle lane second, and then • the third lane. The third lane is for overflow only. Drivers are to remain with their vehicles while in this area. 2. Once the drivers have been called to the first up space on the curb, they must be prepared to assist their passengers. Drivers parked in one of the loading lanes may greet their passengers at the taxi booth. Passenger assignment is on a first come, first serve basis to the first vehicle to accommodate all of the passenger's needs. 3. All drivers will assist their passengers in and out of the taxicab, and will load the passenger's luggage (up to 50 lbs.) into the vehicle unless the customer requests otherwise. 4. Drivers must follow the direction of the PSA's at all times. 5. Taxicabs that show up as "ILLEGAL ", "NO CALL ", "TAG OFF" on the taxicab terminal display will not be loaded. Drivers must accept the finding and not challenge the PSA. They may contact the Landside Office during normal business hours to appeal or determine the problem. 6. Handicap transportation requests will be sent from the front curb to the terminal roadway. Drivers will be given the passenger's name before • proceeding. All handicap pick -up requests must be arranged through the PSA. 4 i C. SPECIAL REQUEST • Special request taxis are those taxis that can handle the specific needs (shown in C.2.) of the passengers waiting in the taxi line. 1. All Special Request taxis will proceed to one of the designated spots on the AVI only taxi pick -up area. Taxicabs responding to calls by a PSA will be given a different load should the passenger decline the taxicab. 2. Taxicabs accepting vouchers, credit cards, no smoking only, taxicabs that hold more than four passengers (vans), and any other Special Request must have that information on file, in the taxi database, and posted on the vehicle in order to be considered, or not considered for a "Special Request ". 3. Customers needing a credit card, voucher, or a no smoking cab will be loaded only into a cab displaying the appropriate signage. The PSA will only be allowed to work with the computer designation, and the signage on the vehicles, and will not be allowed to ask if a cab accepts credit cards . if not posted. 4. Taxi requests will be dispatched from the first up in curbside loading D. SPECIAL CALL • 1. Taxicabs arriving to pick up paying passengers on a pre - arranged basis must park in the Special Call stand. Drivers will then notify the PSA of their presence, and give the name of the pre - arranged passenger. 2. Drivers with AVI tagged vehicles may not wait longer than ten (10) minutes for their passengers to arrive. Taxis that are required (non -AVI tagged or suspended) to use the cash lane will pay dwell charges after ten (10) minutes in addition to per trip fees. Under no circumstances will a PSA give special call taxis a load from the curb if their special call passenger does not arrive. 3. No other parking or package delivery will be allowed in the special call pick up area. 4. Non -AVI tagged or suspended vehicles will have to pull a ticket to enter this area. Upon exiting this area, drivers will have to pay the appropriate fee. All special call taxis will be charged a fee, even if the passenger does not arrive. Charges for non -AVI tagged vehicles will include excess dwell fees if such fees are accrued. E. HUBERT H. HUMPHREY (H.H.H.) TERMINAL PROCEDURES • 1. Drivers will line up in a one -line system. The first passenger will go to the first taxi in line. Drivers will not pick and choose their passengers. 2. Drivers are not allowed to leave their vehicles while in line at the H.H.H. Terminal. 5 3. Drivers may not park, or stage their taxis in any area other than the designated taxi area in front of the terminal. • 4. Special call and handicap pick up will be allowed at the front curb. Drivers must notify the police officer on duty, or the taxi company dispatcher must notify the airport police dispatcher of the special call to the curb, along with the passenger's name. F. REGIONAL TERMINAL 1. All Regional Terminal taxi requests will be dispatched from curbside loading using the first car in line. 2. Drivers will be given customer's name when dispatched. If the customer does not show up, drivers should notify the PSA at curbside. 3. Drivers will leave the Regional Terminal via the most expedient route. G. GENERAL PROCEDURES 1. Taxicabs may depart at any time from the taxi line to leave the airport, or to respond to a special call. 2. Taxicabs, when called from the head of the taxi line in response to a false signal, may wait on the special request stand for another load. PSA's will • load the taxi as the last taxi in the taxi loading area. 3. In the event of a system failure, and absence of a PSA, all taxicabs will operate in a one -line system. All taxi trips must originate from Post Road. 4. All taxis must observe the Valid/Invalid/Illegal lights at all the entrances and exits. Only Valid lights will allow vehicles to be loaded. 5. Any type of vandalism will be handled in the most severe manner possible. 6. Keep the Post Road area and facility clean. Drivers violating this rule will be fined, suspended, or revoked. 7. Drivers refusing a load will be sent back to Post Road. 8. Drivers must have their vehicle in clean and presentable condition at all times. When called to the front curb, the vehicle should be unlocked, with the rear seat and front passenger seat clean, and cargo area ready to accept passengers and their baggage (this means all personal items such as TV's, radios, musical instruments, or any similar item will not be allowed in the vehicle when picking up at the curb). • H. SPECIAL CIRCUMSTANCES 6 1. Dogs or animals will be transported with their owners. Dogs must be kept on the floor and restrained. Refusal of a passenger with a domestic animal constitutes refusal of a load and the taxi will have to return to Post Road. • UNDER SECTION 5.6 OF THE MAC TAXICAB ORDINANCE, ALL TAXICABS PERMITTED TO OPERATE AT THE AIRPORT MUST COMPLY WITH THE VEHICLE REQUIREMENTS SET FORTH IN THIS MANUAL. II. VEHICLE STANDARDS A. VEHICLE SIZE 1. All vehicles for taxicab operations must be full size, unless otherwise approved by the Landside Operations Department (must be approved prior to permitting). All vehicles must have sufficient capacity to carry at least four passengers (in addition to the driver), and a reasonable amount of baggage. Vehicles carrying more than four passengers must provide proof from manufacturer of vehicle passenger capacity, and include the information on the application. 2. Currently, all vehicles approved must meet the following minimum dimensions: a. Overall Width 71.9 in. • b. Overall Height 53.8 in. C. Front Head Room 37.9 in. d. Front Leg Room 42.5 in. e. Rear Head Room 36.9 in. f. Rear Leg Room 34.9 in. g. Cargo Volume 15.7 in. B. SALAVAGE VEHICLES 1. All vehicles that have titles marked "salvage" must go through specific inspections. These inspections will assure that the vehicle has been repaired properly, and can provide safe public transportation. a. All vehicles must meet all the requirements of this manual. In addition, they must go through a complete wheels off detailed salvage or state inspection prior to permitting, and a safety inspection again in six months. b. Salvage inspections must be done by the state or a MAC approved inspection location qualified to verify that the repairs made meet manufacturer's specifications for that vehicle. City inspections will not be accepted in place of salvage inspections. A list of • authorized inspection locations are available in room 330, Landside Operations. 7 C. TAXIMETER REQUIREMENTSANSPETIONS In addition to the taximeter requirements set forth in Ordinance 81, the meters • must also meet the following requirements: 1. All taximeters must be permanently mounted, lighted, and clearly visible so that they may be seen by the passengers at all times. The meter must have a clear display that will be easily viewed by the customer. The meter will not display the authorized Airport Use Fee, or any other extra amount (the extra button must be disabled). The meter must be sealed to the dash so that it cannot be reopened or removed without breaking the seal (in some cases this means two seals). Seals must have a company or city ID embedded in the surface. Taxi drivers may not pick up Airport passengers if any taximeter seals are broken or missing from their taxi vehicle. 2. The certification and sealing of the meters must be done ANNUALLY by a person or establishment authorized by the cities of Minneapolis, St. Paul or MAC. MAC representatives may also check the meters for accuracy by doing mileage checks at any time. D. LIGHTS 1. All lights must operate properly. Light lenses must not have cracks or breaks. SEE INSPECTION CERTIFICATION FOR COMPLETE LISTING OF LIGHTS. E. STEERING S 1. All steering components must meet manufacturer's specification and no component can be worn or damaged (i.e. tie rods, control arms, idler arm, Pitman arm, etc.) 2. Power steering pump must function properly and pump, and lines must be free of leaks or damage. The steering wheel must turn without binding or play. F. TIRES 1. A tire shall be considered unsafe if it has: a. Any part of the card exposed, any bump, bulge, or separation, or any sidewall cracks, cuts, or snags deep enough to expose the body of the tire or cords. b. A tread worn to less than 2/32 (1/16) of an inch measured in the tread groove nearest the center of the tire at three locations equally spaced around the circumference of the tire, or if worn to tread wear indicators. • C. A marking "not for highway use ", or "for racing purposes only ", or "unsafe for highway use ". 8 d. Been regrooved or recut below the original tread design depth, except special taxicab tires which have extra under tread rubber • and are identified as much. (MS 169.723) e. Any flat spots on the tires. 2. The vehicle must also have a usage spare tire meeting the above requirements. 3. No passengers will be loaded into a taxi operating with a compact spare tire. G. WHEELS 1. Wheels must not have any missing lug nuts, elongated holes in rims, cracked rims, bent rims, or worn studs. Wheels must be the same size as specified by the manufacturer. H. SUSPENSION 1. The below listed components must been the manufacturer's specified tolerances, and must not have any leaks, cracks, missing parts. The vehicle should not rattle, squeak, or bottom out during a test drive. a. Ball Joints • b. Springs C. Shocks d. Struts e. U -Bolts I. FRAME Frames must not be cracked, bent, broken, have any areas rusted through, or any other problems or defects causing the vehicle to be unsafe, unable to handle a load, or uncomfortable for passengers. J. BRAKES 1. Brakes must be adequate to control the movement of and to stop and hold in place a vehicle operated on the highway. 2. All pedals will be checked for proper operation (too spongy, hard, etc.). 3. All brakes must be free of leaks bindings, drag, wear, gs d g, uneven ,rust, cracks, or other damage including rotors, calipers, drums, hoses, lines, and wheel • cylinders. ' 4. Brake pads must be at least as thick as the metal backing. Master cylinders will be checked for leaks, proper fluid level, and cover seal. Axle shafts, and wheel bearings must be properly installed, free of wear 9 and must not show signs of leaking seals, make any noise when the wheels are in motion, or any other defect, or problem that could affect the braking or safe operation of the vehicle. K. EMERGENCY BRAKE The emergency brake must operate properly, including but not limited to, holding the vehicle in place while idling in reverse, and the pedal must push down freely and release freely. L. ENGINE 1. The engine must not exhibit any of the following problems: a. Stall due to overheating b. Kills when idling or in gear C. Will not start, or restart when hot d. Has unusual power loss when driving e. Knocking or ticking noises f. Burn oil g. Smoke from exhaust h. Leak any fluids i. Have any other unusual noise 2. The engine must run smoothly as all times. 3. All other components such as the radiator, hoses belts pulleys, motor • p >p s y, mounts, electrical system, and accelerator cable must be in good condition showing no signs of wear, poor operation, visible leaks, or improper fluid levels. M. TRANSMISSION & DIFFERENTIAL 1. All transmission lines and pan must be free of damage and leaks, check fluid level, and condition. 2. The vehicle must drive and shift properly, operating smoothly in all gears. 3. The gear shift lever must go into the park position smoothly, and the parking pawl must hold without slipping. 4. The differential, u joints and yoke must not exhibit any signs of wear, leakage, or unusual noise. N. FUEL SYSTEM The complete fuel system from carburetor to gas tank must not have any leaks, • cracks, rust or holes. The fuel system includes the gas tank, carburetor, carburetor gaskets, fuel filter, fuel pump, fuel lines, injectors, and fuel injector pumps. O. EXHAUST 10 Exhaust system must not have any missing or defective parts allowing noise and/or exhaust leaks. There must be no missin g or inoperative pollution control p equipment, and the exhaust system must meet state emissions standards. P. HORN All vehicles must have a functioning horn. Q. WIPERS Wipers shall operate in all switch positions, wiper blades shall be able to wipe a clean path without streaks from tip to tip, and washer fluid shall dispense when engaged. R. GLASS Windshield shall be free of cracks, chips, holes, and shall not be discolored. All side windows shall be in the same condition and operate up and down properly. The rear window shall also be free of cracks and obstructions. All glass shall be free of leaks and properly sealed, and of a clarity to readily see and identify the driver and passengers. All glass shall be of a shatterproof or non - shatterable glass. S. MIRRORS • All vehicles are to be equipped with one side mirror on each side and rear view mirror. They are to be intact, unbroken, free from fading or clouding, and fully functional. T. INTERIOR 1. The interior must be in good condition, free of tears, rips, stains, holes, and burns. This includes floors, doors, moldings, headliner, seats, and seat backs. Floors must have factory carpet, or rubber mats designed to fit and permanently attached (no indoor /outdoor or house type carpet). 2. Back seat must be secured, rear doors must lock, unlock and open from the inside at the passenger's control. 3. The interior must be clean, including but not limited to, door panels, seats, dash, glass, floor, and the vehicle must be odor free. 4. All seats, door panels, and interior pieces must be the same color. All doors must have handles, window cracks, or switches in good operating condition. There should be no disconnected, loose, or hanging wires visible under dash, on the floor, from door panels, or anywhere else. The dashboard must not be broken, or have any missing pieces. The • instrument panel must be intact, and all gauges must function properly. Gauges include speedometer, odometer, temperature indicator, oil pressure indicator, and gas gauge. Interior lights must have a protective cover and operate properly. 11 5. The vehicle must have functional air conditioning and heat, the blower must operate at all speeds, and be free of core leaks. 6. When test driving, the vehicle must not leak any air from doors, windows • or floor. 7. The vehicle must have seat belts available for all passengers and driver. 8. The gearshift selector must be intact and operational. 9. Display — In addition to the items listed in Ordinance 81, the following items must be displayed inside the vehicle in a place visible (or as specified) to the passengers: a. Any "Special Request" items. (1) No smoking (2) Credit cards (3) No checks (4) Vouchers U. COMMUNICATIONS DEVICE Every taxicab shall be equipped with a communications device as listed in • Ordinance 81. In addition, all antennas must be permanently mounted to the exterior of the vehicle. V. MAP Every taxicab driver shall carry in the taxicab at all times a current year Hudson map book. W. BODY 1. The body is to be free of rust, dents and cracks. The body must be professionally painted, lettered (see lettering below, for specific lettering details) and have a clean appearance. 2. The body must not show any signs of repair. All body parts must be properly aligned, fitted, and painted to match the exact color of the vehicle. 3. All lights, moldings, emblems, and chrome must be properly attached, and in good condition, and shall not detract from the appearance of the vehicle. Matching hubcaps must be in place on all four wheels. 4. The top light must illuminate, be permanently affixed, free of cracks, holes, discoloration, and ro erly lettered (taxi or name). • P P 5. All hood and trunk latches must be working properly. 12 6. The State of Minnesota license plates are to be permanently attached in their proper location, in good condition and valid. No temporary license permits will be accepted. • X. TRUNK 1. A vehicle's trunk shall contain only necessary items: a. Jack - b. Spare Tire C. Fire Extinguisher d. 3 Emergency Triangles e. Jumper Cables or Emergency Equipment 2. These items must be secured and covered to protect a passenger's baggage. The trunk should be lined and clean. Bags of sand or other approved items can be in a trunk for traction during icy conditions. Y. VEHICLE COLOR 1. Taxicab companies shall adopt a unique and standardized paint scheme so that passengers may visually recognize a company. All taxicabs driving for a company must be painted in accordance with that company's color scheme. • 2. All color schemes must be approved b the Landside pp y Operations Department prior to permitting. Two 5 x 7 color photos (1 vehicle only) showing a full view from the side and a full view of the rear of the vehicle, and company color scheme must be on file with the office at time of approval. No company will be allowed to duplicate another (see the Landside Operations Department for a listing of color schemes taken). 3. Vehicles that were permitted during the 1996 -1997 season that do not match the approved company color scheme will not have to be repainted unless body condition warrants repainting, or the vehicle changes owners, or company affiliation. 4. All new vehicles must comply with authorized color schemes. Color schemes that are already approved by cities with color scheme requirements prior to May 1, 1997, such as Minneapolis, St. Paul or Bloomington will be given that color scheme, and no other company may take it. Any duplications that may arise will be allowed until one of the companies stops operating at the airport. The remaining company will retain that color scheme and it will not be given out again. Should the remaining company stop its operations at the airport, the color scheme will become available for someone else. • Z. LETTERING 13 1. The vehicle shall be clearly marked to show the company name, vehicle number, and phone number (number must be listed with directory assistance) of the company operating. The company name, vehicle number, and phone number shall be affixed to both sides, and rear of the • vehicle in contrasting letters which shall be a minimum of 4" in size. 2. All other required markings such as operating area (Minneapolis, St. Paul, Suburbs) posted rates, capacity, smoking/non- smoking, credit cards, checks /no checks, vouchers accepted, any application MnDOT or operating authority numbers, and top light lettering shall be painted neatly and plainly on the taxicab or otherwise attached by permanent decal approved by the Airport Director. 3. Decals must be approved prior to inspection, and no magnetic signs will be accepted. III. APPLICATIONS i A. APPLICATIONS 1. All owners must complete and sign the vehicle permit application form(s). a. Drivers are not allowed to fill out vehicle permit application forms unless the have power of attorney. . P Y b. Any falsification of the form(s) will result in revocations of all • permits affected. 2. All drivers license applications must be filled out by the person wishing to be licensed. IV. DRIVER APPEARANCE A. DRIVER APPEARANCE 1. Every taxicab driver, while on duty (this includes time while the vehicle is logged in dispatch system), shall keep a well groomed appearance, and shall be suitably dressed. Drivers shall be clean shaved, and hair shall be neatly trimmed. If a beard or mustache is worn, it shall be neatly trimmed. "Suitably dressed" shall mean long trousers or slacks, jogging suit, dress jeans, skirt or dress, a dress shirt or blouse with a collar (without if so designed), turtle neck, and shoes or sandals, provided such clothing is clean and neat (this also means shirt tails must be tucked in). The following articles of clothing are prohibited: a. When worn as outer garments, underwear, tank tops, swim wear, body shirts, cut -offs, trunks, sweat suits, shorts (except Bermuda type), or similar attire. • b. Footwear: thongs and clogs. V. ADVERTISING '� 14 Owners and drivers shall not cause any advertising, signage or phone boards to be placed • on Airport property other than as allowed by MAC under separate agreement. VI. TRIP SHEETS A. TRIP SHEETS Every taxicab. driver shall keep a trip sheet, current to the last run taken, upon which shall be noted the starting point and time, the termination point and time of each trip, the place of discharge of each passenger, fare charges whether metered rate or flat rate, driver name and number, cab number, time going on- duty and off -duty, and whether an airport use fee was charged. A spiral notebook will be an acceptable trip sheet log. 1. Each taxicab driver shall preserve for a period of one (1) year and submit upon request any information contained in the driver's /vehicle's trip sheets to a MAC representative. Failure to make and keep such a trip sheet or the falsification of such trip sheets shall constitute a violation of the Ordinance. 2. Trip sheets shall be completed after each run and the trip sheets for the last seven (7) days shall be kept with the driver in the vehicle except where the driver is required to file such trip sheets with the company. • VII. VEHICLE TOWING No taxicab shall tow or otherwise transport another motorized vehicle on Airport property. Vehicles may only be towed by commercial towing vehicles designed specifically for this purpose. VIII. RIDERS/TRAINEES A. RIDERS/TRAINEES 1. No taxicab driver picking up passengers at the Airport shall allow riders other than fare paying passengers and those accompanying them to ride in the taxicab, except as authorized by a MAC representative. 2. Drivers in training are not authorized to ride in MAC permitted taxicabs without prior written approval from the Landside Operations Department. 3. Upon a passenger's request, the driver in training must exit the vehicle. IX. RECEIPTS Drivers shall not give airport passengers a payment receipt from any taxicab company • other than the taxi company name on the vehicle. 15 ADDENDUM TO TAXICAB MANUAL DATED 5 -9 -97 ADOPTED 7 -31 -97 • II. VEHICLE STANDARDS Y. VEHICLE COLOR 1. Taxicab companies shall adopt a unique and standardized paint scheme so that passengers may visually recognize a company. All taxicabs driving for a company must be painted in accordance with that company's color scheme. Each company shall have only one color scheme, except slight variations are permissible if the company has taxicabs permitted in more than one city that requires color scheme variations. Slight variations include but are not limited to different colored roof or door. 2. All color schemes must be approved by the Landside Operations Department prior to permitting. Two 5x7 color photos (one vehicle only) showing a full view from the side and a full view of the rear of the vehicle and company color scheme must be on file with the office at the time of approval. No company will be allowed to duplicate another (see the Landside Operations Department for a listing of color schemes taken). Color scheme variation described above must also be approved by the Landside Operations Department. • • 16 ADDENDUM TO TAXICAB MANUAL DATED 5 -9 -97 • ADOPTED 7 -31 -97 II. VEHICLE STANDARDS AA. VEHICLE APPEARANCE All vehicles in a company must have uniform markings. Except as specifically authorized by the airport director, the only things that may be displayed on the outside of taxicab vehicles are: (1) Required color scheme; (2) Company name; (3) Telephone number; (4) Taxicab number; (5) Other information required by the Ordinance, Manual or other jurisdictions where the taxicab is licensed; (6) Information directly related to service the taxicab is providing, which includes but not limited to information on credit cards, air conditioning, 24 -hour service and non - smoking status. Items that may not be displayed include but are not limited to bumper • stickers, decals, placards and advertising. • 17 EMERGENCY DECLARATION — VOUCHERS Because of the extraordinary circumstances, ALL taxicabs permitted at the airport are required to • accept vouchers as a form of payment on August 28, August 29 and August 30, 1998. Ordinance 81, Section 5.8 states: "Taxicab operation and parking shall at all times be in accordance with requirements established by the Airport Director...." Ordinance 81, Section 5.6a authorizes the Airport Director to modify the Taxicab Manual by emergency declaration. • 18 ADDENDUM FOUR TO TAXICAB MANUAL DATED 5 -9 -97 • ADOPTED 9 -30 -02 III. VEHICLE STANDARDS AB. AIRPORT ASSIGNED TAXICAB NUMBER 1. Prior to application for the annual taxicab permit Landside Operations will assign the taxicab number for each taxicab. 2. Vehicles that were permitted during the 2001 -2002 permit year will have until January 1, 2003 to change the taxicab number to the Landside Operations assigned taxicab number, or at which time body condition warrants repainting, the vehicle changes ownership or the vehicle changes company affiliation, whichever come first. 3. All new vehicles must display the Landside assigned taxicab number. 4. Effective January 1, 2003 the taxicab number shall be displayed on a Landside approved customer information sign that must be permanently attached to the back of the front passenger's seat. The customer information sign must remain visibly unobstructed. • • 19 ADDENDUM NUMBER FIVE TO TAXICAB MANUAL DATED 5 -9 -97 ADOPTED 09 -30 -02 • H. VEHICLE STANDARDS Y. VEHICLE COLOR 1. Taxicab Companies shall adopt a unique and standardized paint scheme so p P q P that passengers may visually recognize a company. All taxicabs driving for a company must be painted in accordance with that company's color scheme. Each company shall have only one color scheme, except slight variations are permissible if the company has taxicabs permitted in more than one city that requires color scheme variations. Slight variations include but are not limited to different colored roof or door. 2. All color schemes must be approved by the Landside Operations Department prior to permitting. Two 5x7 color photos (one vehicle only) showing a full view from the side and a full view of the rear of the vehicle and company color scheme must be on file with the office at the time of approval. No company will be allowed to duplicate another (see the Landside Operations Department for a listing of color schemes taken). Color scheme variation described above must also be approved by the • Landside Operations Department. 3. Special rules for Taxicab Companies voluntarily adopting the all white paint scheme. A. The "all white" color scheme shall be available to all Taxicab Companies. B. Taxicab companies adopting the "all white" color scheme must meet the following requirements which shall supercede all decal, lettering and color scheme requirements listed elsewhere in this Taxicab Manual. C. The exterior of entire taxicab shall be painted "factory white" to match that color white utilized by the manufacturer during that model year. D. There shall be no other coloring, markings, decals, stickers or striping on the exterior of the taxicab except as noted below. E. The taxicab number shall be displayed in black using decals 8- inches tall by 4- inches wide on both the passenger and driver -side rear quarter panels of the taxicab and must fit within an imaginary rectangle 8- inches tall by 15- inches wide. F. The taxicab number shall be displayed in black using decals 12- inches tall by 6- inches wide directly centered on the hood of the taxicab and must fit within an imaginary rectangle 12- inches tall by 20- inches wide. G. The taxicab number shall be displayed in black using decals 4- inches tali by 2.5- inches wide on the rear of the taxicab 20 and must fit within an imaginary rectangle 4- inches tall by 9- inches wide. H. The Taxi Company's, 10 -digit telephone number shall be in • black using decals 3- inches tall by 2- inches wide on both front doors of the taxicab. I. The Taxi Company's name and logo shall be displayed on both sides of the taxicab using decals and remain within the boundaries of the front doors in an colors that sharply Y azP Y contrast with the factory white body color. J. Landside size - approved rate of fare decals shall be displayed in black within 1 -inch of the rear window on each rear door. K. Landside size - approved credit card and non - smoking decals shall be displayed within 1 -inch of the rear window of each rear door to accurately reflect those preferences chosen on the Taxicab Vehicle Permit Application Attachment. L. Vehicles that were permitted during the 2001 -2002 permit year that do not match the company adopted "all white" color scheme will not have to conform to the criteria listed above unless body condition warrants repainting 50% or more of the taxicab exterior, or the vehicle changes ownership, or the vehicle changes company affiliation M. Adoption of the "all white" color scheme is irrevocable. N. Companies currently possessing a Landside approved white color scheme, (i.e. United Taxi and Air Taxi Service Association), must declare their intention in writing if they wish to adopt the Section Y.3. "all white" color scheme. If they do not they are exempt from all requirements in Section Y.3.. If they do adopt the Section Y.3. "all white" color scheme they must meet all requirements of Section Y.3. O. Taxicabs currently licensed in municipalities requiring painted numbering and lettering will be allowed to use paint instead of decals as referenced above. P. Display of stickers required by municipalities where the taxicab is licensed will be allowed. i 21 ADDENDUM NUMBER SIX T TAXICAB D - - O AXICA MANUAL DATED 9 30 02 ADOPTED 12 -10 -02 Addendum Number Five is hereby replaced with the following: • II. VEHICLE STANDARDS Y. VEHICLE COLOR 1. Taxicab Companies shall adopt a unique a standardized scheme so and ardize P P q P that passengers may visually recognize a company. All taxicabs driving for a company must be painted in accordance with that company's color scheme. Each company shall have only one color scheme, except slight variations are permissible if the company has taxicabs permitted in more than one city that requires color scheme variations. Slight variations include, but are not limited to different colored roof or door. 2. All color schemes must be approved by the Landside Operations Department prior to permitting. Two 5x7 color photos (one vehicle only) showing a full view from the side and a full view of the rear of the vehicle and company color scheme must be on file with the office at the time of approval. No company will be allowed to duplicate another (see the Landside Operations Department for a listing of color schemes taken). Color scheme variation described above must also be approved by the Landside Operations Department. 3. Special rules for Taxicab Companies voluntarily adopting the all white paint scheme. • A. A company's all white color scheme must be approved by the Landside Operations Department before any taxicab affiliated with that company is authorized to operate at the Airport as an all white taxicab. All taxi companies adopting the all white color scheme must present 50 photos to Landside Operations showing the front, side and rear of one vehicle for approval. All taxicabs affiliated with a company with an all white color scheme must match decal positioning as shown in the photos approved by Landside Operations for that company. All vehicles that were approved by Landside Operations for the all white color scheme prior to December 3, 2002 have until their 2003 St. Paul inspection to match their company's approved all white color scheme. All vehicles approved after December 3, 2002 must match their company's Landside operations approved all white color scheme immediately. B. The "all white" color scheme shall be available to all Taxicab Companies. C. Taxicab companies adopting the "all white" color scheme must meet the following requirements which shall supercede all decal, lettering and color scheme requirements listed elsewhere in this Taxicab Manual. • D. The exterior of entire taxicab shall be painted "factory white" to match that color white utilized by the manufacturer during that model year. I E. There shall be no other coloring, markings, decals, stickers or striping on the exterior of the taxicab except as noted below. • F. The taxicab number shall be displayed in black using decals 8- inches tall by 4- inches wide on both the passenger and driver -side rear quarter panels of the taxicab and must fit within an imaginary rectangle 8- inches tall by 15- inches wide. G. The taxicab number shall be displayed in black using decals 12- inches tall by 6- inches wide directly centered on the hood of the taxicab and must fit within an imaginary rectangle 12- inches tall by 20- inches wide. H. The taxicab number shall be displayed in black using decals 4- inches tall by 2.5- inches wide on the rear of the taxicab and must fit within an imaginary rectangle 4- inches tall by 9- inches wide. I. The Taxi Company's, 10 -digit telephone number shall be in black using decals 3- inches tall by 2- inches wide on either both front doors or both back doors of the taxicab. J. The Taxi Company's name and logo shall be displayed on both sides of the taxicab using decals and remain within the boundaries of the front doors in any color(s) that sharply contrast with the factory white body color. K. Landside size - approved rate of fare decals shall be displayed in black within 1 -inch of the rear window on each rear door. • L. Landside size - approved credit card and non - smoking decals shall be displayed within 1 -inch of the rear window of each rear door to accurately reflect those preferences chosen on the Taxicab Vehicle Permit Application Attachment. M. Vehicles that were permitted during the 2001 -2002 permit year that do not match the company adopted "all white" color scheme will not have to conform to the criteria listed above unless body condition warrants repainting 50% or more of the taxicab exterior, or the vehicle changes ownership, or the vehicle changes company affiliation. N. Adoption of the "all white" color scheme is irrevocable. O. Companies currently possessing a Landside approved white color scheme, (i.e. United Taxi and Air Taxi Service Association), must declare their intention in writing if they wish to adopt the Section Y.3. "all white" color scheme. If they do not they are exempt from all requirements in Section Y.3. If they do adopt the Section Y.3. "all white" color scheme they must meet all requirements of Section Y.3. P. Taxicabs currently licensed in municipalities requiring painted numbering and lettering will be allowed to use paint instead of decals as referenced above. • Q. Display of stickers required by municipalities where the taxicab is licensed will be allowed. R. The Taxi Company's name and 10 -digit telephone number shall be in black using decals no larger than 3- inches tall by 2- inches wide on the rear of the taxicab. 1 MAC Ordinance No. 81 • Effective June 1, 1997 METROPOLITAN AIRPORTS COMMISSION ORDINANCE NO. 81 TABLE OF CONTENTS SECTION 1 - DEFINITIONS .............. ............................... 1 SECTION 2 -SCOPE ................... ............................... 3 SECTION 3 - AUTHORITY TO OPERATE ..... ............................... 4 3.1 Taxicab Permit ............. ............................... 4 3.2 Taxicab Permit Requirements .. ............................... 4 3.3 AVI Tag .................. ............................... 6 3.4 Insurance and Indemnification .. ............................... 6 3.5 Company Requirements ...... ............................... 7 3.6 Two -Way Communication Device ............................... 8 3.7 Owner Information on File with Commission ....................... 9 3.8 Authorized Transfers ......... ............................... 9 SECTION 4 - TAXICAB DRIVER LICENSING .. ............................... 10' 4.1 MAC Driver's License ........ ............................... 10 4.2 MAC Driver's License Requirements ............................. 10 4.3. Renewal... ...................... 13 4.4 Driver Information on File with Commission ....................... 13 4.5 Ineligibility ................. ............................... 14 SECTION 5 - TAXICAB OPERATION ....... ............................... 14 5.1 Commercial Lanes .......... ............................... 14 5.2 Taxicab Loading ............ ............................... 14 5.3 Passenger Transportation ..... ............................... 15 5.4 Lost Articles ............... ............................... 15 5.5 Taxilines .................. ............................... 15 5.6 Taxicab Manual ................. .......................... 15 5.7 Compliance with Legal Requirements ............................ 16 5.8 General Taxicab Operation .... ............................... 16 SECTION 6 - TAXICAB FARES ............ ............................... 16 6.1 Rate of Fare ............... ............................... 16 6.2 Airport Use Fee .............. ............................... 17 6.3 Computation of Fares ........ ............................... 17 • 6.4 Taximeter ................. ............................... 17 6.5 Items Displayed in Vehicle ..... ............................... 18 MAC Ordinance No. 81 • Effective June 1, 1997 SECTION 7 - DRIVER CONDUCT .......... ............................... 18 7.1 Solicitation ................ ............................... 18 7.2 Alcohol or Controlled Substance Use ............................ 19 7.3 Smoking .................. ............................... 19 7.4 Weapons ................. ............................... 19 7.5 Prostitution ... ............................... ........... 19 7.6 Discrimination .............. ............................... 19 7.7 Driver Behavior ............. ............................... 20 SECTION 8 - SPECIAL CALL TAXICABS 8.1 Picking Up Prearranged Passengers ............................ 20 8.2 Comply with Manual ......... ............................... 20 8.3 Fees ..................... ............................... 20 SECTION 9 -FEES .................... ............................... 21 9.1 Annual Taxicab Permit Fee .... ............................... 21 9.2 AVI Tag Deposit ............ ............................... 21. 9.3 MAC Drivers License Application Fee ............................ 22 9.4 Driver Safety and Customer Service Course Fee .................... 22 • 9.5 Transfer Fee ............... ............................... 22 9.6 Late Fee ................... ............................... 22 9.7 Other Fees ................ ............................... 22 SECTION 10 - ENFORCEMENT ........... ............................... 22 10.1 Scope .................... ............................... 22 10.2 Dismissal From Taxiline ........ ............................... 23 10.3 Delayed Suspension Repair Notice .............................. 24 10.4 Immediate Suspensions ....... ............................... 25 10.5 Administrative Fines ......... ............................... 27 10.6 Suspensions .............................................. 28 10.7 Revocations ............... ............................... 29 10.8 Procedure ................. ............................... 31 SECTION 11 - NOTICE .................. ............................... 33 11.1 Notice of Violations .......... ............................... 33 11.2 Posted Notice ..................... 33 SECTION 12 - GENERAL PROVISIONS ..... ............................... 33 12.1 Penalty ................... ............................... 33 12.2 Provisions Severable ......... ............................... 33 • 12.3 Repealer .................. ............................... 33 12.4 Time Periods .............. ............................... 34 12.5 Effective Date .............. ............................... 34 • MAC Ordinance No. 81 Effective June 1, 1997 METROPOLITAN AIRPORTS COMMISSION ORDINANCE NO. 81 An Ordinance to promote and conserve public safety, health, peace, convenience and welfare and to provide for the equitable allocation of the costs of establishing and maintaining ground transportation facilities at the Airport, by regulating the operation of all Taxicabs at Minneapolis - St. Paul International Airport, Wold- Chamberlain Field, a public airport under the operation, direction and control of the Metropolitan Airports Commission, and repealing Ordinance 79 as it relates to Taxicabs. The Metropolitan Airports Commission does ordain: SECTION 1 - DEFINITIONS 1.1 Air . Minneapolis -St. Paul lntemational Airport, Wold- Chamberlain Field, a public airport under the supervision, operation, direction and control of the Metropolitan Airports Commission, and located in the County of Hennepin and State of Minnesota. • 1.2 Aimort Director. The Commission's administrative officer or the officer's designee and, for purposes of the licensing, permitting and control of Taxicabs and enforcement of this Ordinance, the agent of the Metropolitan Airports Commission, in charge of the Terminal Areas at the Airport. 1.3 Airport Use Fee. The fee set by the Commission that Taxicab Drivers are authorized to charge in addition to the metered fare in order to recover the cost paid to the Commission for the Taxicab Permit. 1.4 Automatic Vehicle Identification (AVI) System. A radio frequency identification system which includes AVI Tags, readers, a reader - controller, and a central computer. 1.5 AVI Taq. A small device that monitors when Vehicles enter or exit the AVI Commercial Lanes. 1.6 Commercial Lanes Traffic lanes designated by the Airport Director as Permitted Taxi Lanes or areas for use by Special Call Taxicabs. 1.7 Commission. The Metropolitan Airports Commission, a public corporation organized and operating pursuant to Chapter 500, Laws of Minnesota 1943 and amendments thereto. 31 _ LO ch Q� v MAC Ordinance N 1 Effective June 1, 1999 7 1.8 Comoanv. One Taxicab or a group of Taxicabs operating under and displaying a distinct company name that share distinct uniform markings, unique color scheme, telephone number and two -way communication system. 1.9 Driver Every person who drives or is in actual physical control of a Taxicab under this Ordinance. 1.10 Dwell Fee. A fee imposed on Special Call Taxicabs for exceeding the prescribed time in picking up passengers or cargo while operating in the Commercial Lanes. 1.11 Executive Director. The Commission's chief executive officer or a designated representative. 1.12 Hearina Officer. The Executive Director of the Commission or his /her designee who shall conduct hearings, hear evidence and make a determination regarding fines, Suspension or Revocation of Taxicab Permits and MAC Drivers' Licenses. 1.13 MAC Driver's License. The driver's license the Commission issues to Taxicab Drivers that allows them to pick up passengers at the Airport through the • Permitted Taxi Lane. 1.14 MAC Representative. Any Person authorized by the Airport Director to direct or coordinate Taxicab operations at the Airport. 1.15 Owner The Person who holds the title to a Taxicab Vehicle. 1.16 Permitted Taxi Lanes The Commercial Lanes at the Charles A. Lindbergh Terminal and the Hubert H. Humphrey Terminal that Taxicabs permitted under this Ordinance must use to pick up non - prearranged passengers. 1.17 Person Every natural person, firm, partnership, association, corporation or other entity. 1.18 Revocation. The discontinuance of a Person's Taxicab Permit or MAC Driver's License. 1.19 Special Call Taxicab. A Taxicab that is at the Airport to pick up passengers for a prearranged trip. 1.20 Sopension. The temporary discontinuance of a Person's Taxicab Permit or MAC Driver's License. • 2 MAC Ordinance No. 81 • Effective June 1, 1997 1.21 Taxicab. Any motor Vehicle carrying passengers for pay or hire to specific destinations requested by passengers upon public streets and upon the streets, avenues and roads of the Airport, and subject to call on or upon such public streets and Airport streets, avenues or roads or from a garage or other established place of business. 1.22 Taxicab Manual. A manual established by the Airport Director that sets forth requirements for the operation of Taxicabs. 1.23 Taxicab Permit. An authorization from the Airport Director issued to a Taxicab Owner that allows the Taxicab to pick up passengers at the Airport through the Permitted Taxi Lanes. One Taxicab Permit is issued per Vehicle to an Owner who complies with the requirements of this Ordinance. 1.24 Taxicab Staaina Area. An area directly adjacent to the Super America facility along Post Road, or as designated by the Airport Director, to provide a staging location for Taxicabs. 1.25 Taximeter. Any instrument or device attached to a Vehicle and designed to measure mechanically the distance travelled by such Vehicle, to record the • time the Vehicle travels or is waiting, and to indicate upon such record, by figure or design, the fare to be charged. 1.26 Vehicle. Every device in, upon or by which any Person or property is or may be transported or drawn upon public streets and upon streets, avenues and roads within the Airport. SECTION 2 - SCOPE This Ordinance applies to all Persons and Vehicles engaged in Taxicab transportation at the Airport. Taxicab Owners are responsible for their Taxicab Vehicles and the Drivers of those Vehicles. Taxicab Vehicles are permitted and Drivers are licensed by the Commission to serve the Airport and the traveling public. The Commission does not employ, subsidize or guarantee the profitability of Taxicab Owners or Drivers. • 3 MAC Ordinance No. 81 Effective June 1, 1997 • SECTION 3 - AUTHORITY TO OPERATE 3.1 Taxicab Permit All Taxicabs, except Special Call Taxicabs that use only the cash Commercial Lane, must obtain an annual Taxicab Permit and have an AVI Tag in order to pick up passengers at the Airport. 3.2 Taxicab Permit Reauirements Upon application, the Airport Director may issue an AVI Tag and an annual Taxicab Permit to the Owner of a Taxicab when the requirements set forth in this section are met and where the interests of the traveling public and the efficient operation of the Airport are best served by such issuance. The Airport Director may deny requests for Taxicab Permits and AVI Tags where the interests of the traveling public and the efficient operation of the Airport are best served by such denial. The Airport Director also may limit the number of Taxicab Permits issued in order to promote the efficient operation of the Commission's ground transportation system and to promote orderly traffic flow. All Owners shall maintain these Permit qualifications throughout the Permit year. • a. Me The Taxicab Owner must have title to the Vehicle as evidenced by the certificate of title. b. Licensed by Municipality and Mechanical InSOection The Taxicab Owner must have a current permit or license in good standing for the specific Taxicab Vehicle for which the Taxicab Permit is sought issued by a city, village or other political subdivision of the State of Minnesota ( "municipality "). Such municipality must regulate Taxicabs and be located in the 7 county Minneapolis -St. Paul metropolitan area. The municipality must either require Taxicabs to pass a mechanical inspection substantially equivalent to mechanical inspections required for Taxicabs by Minneapolis or St. Paul or the Taxicab must pass a mechanical inspection as required by the Commission at the Owner's expense. • 4 i MAC Ordinance No. 81 • Effective June 1, 1997 C. Insurance The Taxicab Owner must assure that proof of insurance is submitted for the Taxicab as required by Section 3.4. d. Aae of Vehicle For the permitting period June 1 - November 10, 1997, the Vehicle must be model year 1992 or newer; model year 1992 Vehicles are only eligible if they have been previously permitted at the Airport. For the permitting year beginning November 11, 1997, and each subsequent permitting year, take the year in which the permitting period begins and subtract 4 to calculate the oldest model year eligible for permitting. This means 5 model years will be eligible for permitting each year. For example, the model years eligible for permitting in November 1997 will be 1997, 1996 1995, 1994, and 1993. Therefore, a Vehicle will have had 6 years of eligibility when it reaches the replacement deadline by the end of the permitting year. The 1993 Vehicles that must be replaced in November 1998 were eligible to operate at the Airport during • 1993, 1994, 1995, 1996, 1997, and 1998. e. Vehicle Inspection The Taxicab Vehicle must pass an inspection by the Commission pursuant to standards set out in the Taxicab Manual. Inspection decals shall be issued to indicate the Vehicle has passed the Commission's inspection. Inspection decals shall at all times be affixed to the window of the Taxicab, or to another area prescribed by the Airport Director, so that the inspection decal can clearly be identified from outside the Taxicab. f. Taximeter Calibration CertificAW The Taxicab Owner must furnish a current Taximeter calibration certificate at the time of Permit application. i 5 i I MAC Ordinance No. 81 e Effective June 1, 1997 g. Driver Each Taxicab Owner must designate a Driver(s) who holds a current MAC Driver's License to drive each Taxicab permitted under this Ordinance. The Owner shall provide information to the Commission upon demand regarding who is driving any specific Vehicle for which the Owner has a Taxicab Permit. h. Compan The Taxicab Owner. must. be a Company or be affiliated with a Company that meets all the Company requirements of this Ordinance. i. No Past Due Balance A Taxicab Permit shall not be issued to an Owner who has past due fees or fines at the time of Permit application. 3.3 AVI Taq a. Commission PrODerty • An AVI Tag issued to a Taxicab Owner remains the property of the Commission. The AVI Tag shall at all times be affixed in a location that allows the tag to operate properly. Upon expiration or termination of a Taxicab Permit, the AVI Tag shall be returned to the Commission. b. No Unauthorized Transfer An AVI Tag shall only be used in the Taxicab for which it is authorized. 3.4 Insurance and Indemnification a. Commercial Automobile Liability Insurance The Owner shall have commercial automobile liability insurance for each Vehicle in force at all times with minimum coverage limits of either (i) $200,000 bodily injury per person, $600,000 bodily injury per accident, and $200,000 property damage; or (ii) a combined single limit of $1,000,000 for each occurrence. The insurance policy shall name the Commission as an additional insured. The Owner must have a completed insurance certificate evidencing such coverage on file with I I 6 I MAC Ordinance No. 81 • Effective June 1, 1997 the Commission at all times. The insurance certificate shall be on the form provided by the Airport Director. Insurance will be provided by a company licensed to write such insurance in the State of Minnesota. Also, liability will not be limited due to insolvency or bankruptcy of the insured. The Commission must immediately be notified in writing that a Vehicle(s) is being deleted from the policy. The Commission must be notified in writing 10 days before a policy may be canceled or changed by endorsement. The Owner will be held responsible if proper notice is not provided by the insurance company. Also, coverage will not be limited in any way when insured Vehicles are driven, used, operated or maintained while the Driver or occupants are under the influence of alcohol or controlled substances (as defined in Section 7.2) or engaged in the illicit transportation of such substances. b. Indemnification The Owner shall indemnify and hold harmless the Commission for the negligent acts of the Owner or Driver with permission, expressed or • implied, of the Owner of all covered Vehicles resulting in personal injury or property damage within the limits of coverage stated herein. 3.5 Comnanv Reauirements a. The Taxicab Owner must be a Company or be affiliated at all times with a Company that meets the following requirements at all times in order to be recognized as a Company. 1. The Company must operate under a distinct Company name. 2. The Company must have the current Company name and telephone number registered with Directory Assistance for Minneapolis or St. Paul. 3. The Company must adopt a unique and standardized color scheme and markings so that passengers may visually recognize the Company. The Company must register the color scheme with the Commission. The Airport Director has final authority to settle any disputes related to the Company color scheme or markings. • 7 MAC Ordinance No. 81 • Effective June 1, 1997 b. The Taxicab Owner must meet the following requirements at all times. 1. The Owner must operate under the Company name. 2. The Owner must display the Company name and Company telephone number on the outside of the Taxicab. 3. The Owner must paint the Taxicab according to the Company color scheme and markings. Any Taxicab licensed by the Commission in 1996 -97 does not need to comply with this requirement unless ownership of the Vehicle changes or its Company affiliation changes. 3.6 Communication Device a. Radios 1. Each Taxicab Owner, except as provided below, shall equip each Taxicab with an operable two -way. radio with 24 -hour dispatch service. The radio must be permanently attached to the Vehicle and be turned on at all times when the Driver is in • the Vehicle. 2. Each Owner shall be affiliated at all times with a Company that provides a 24 -hour dispatch service. One or more Companies may jointly operate a dispatch service. b. Independent Owners 1. "Independent Owner' means an Owner that has one or two Taxicab Vehicles, does not operate under the name of another Company, and is not affiliated with another Company for purposes of the insurance required by Sections 3.4 and 12.5 (this does not preclude Owners who are otherwise Independent Owners from forming an association to purchase the insurance required by Sections 3.4 and 12.5), color scheme, or markings. An Independent Owner must meet all the Company requirements of this Ordinance. 2. An Independent Owner may operate with a cellular phone instead of a radio provided that an operable cellular phone is in the Vehicle and turned on in order to receive incoming calls at all times when the Driver is in the Vehicle. The cellular phone • 8 MAC Ordinance No. 81 • Effective June 1, 1997 number must be displayed on the outside of the Taxicab. The Owner shall keep the current cellular phone number on file with the Commission at all times. C. Enforcement A Taxicab shall not be allowed to operate without the required communication device. Failure to comply with this Section will result in an immediate suspension under Section 10.a.4 or a.6. and the appropriate penalty as set forth in Schedule II. 3.7 Owner Information on File with Commission a. Owner Information Each Taxicab Owner shall keep a current address and telephone number on file with the Commission at all times. b. COmDanv Information • Each Taxicab Owner shall keep the current name and address of the Company that the Owner is affiliated with on file with the Commission at all times. C. Chanaes Each Taxicab Owner shall provide the Commission written notice of any changes required by this section within 5 days of making the change. d. Enforcement Failure to comply with this Section will result in an Immediate Suspension under Section 10.4. 3.8 Authorized Transfers No Owner may sell or transfer a Taxicab axicab Permit to another Owner. An Owner may transfer a Taxicab Permit from one Vehicle to another subject to procedures set forth by the Airport Director and payment of the appropriate fee. An Owner may transfer a Vehicle from one Company to another, so long as ownership of the Vehicle is not transferred, subject to procedures set forth by the Airport Director and payment of the appropriate fee. 9 MAC Ordinance No. •' Effective June 1, 1999 7 I SECTION 4 - TAXICAB DRIVER LICENSING 4.1 MAC Driver's License No Driver shall operate, and no Owner shall allow a Driver to operate, a Taxicab permitted .under this Ordinance at the Airport without a current, valid MAC Driver's License. The Driver shall display the MAC Driver's License upon demand to a police officer or MAC Representative. MAC Driver's Licenses shall be issued effective from the date of issuance until the first birthday following issuance. However, if the Driver's birthday is within 30 days of initial issuance, the MAC Drivers License will be valid until the following birthday. The Airport Director may limit the number of MAC Driver's Licenses issued in order to serve the public's welfare and .provide for the efficient operation of the Airport. 4.2 MAC Driver's License Requirements Upon application, the Airport Director may issue a nontransferable MAC Driver's License to a Person who meets the following requirements. All licensed Drivers shall maintain these license qualifications throughout the term of their MAC Driver's License. a. U.S. Citizen or Riaht to Work The applicant must be a citizen of the United States, or an alien admitted for permanent residence or have .otherwise obtained work authorization from the U.S. Immigration and Naturalization Service. The applicant must provide documentation of such upon request at the time of application submittal. By federal and state law, social security numbers are required on all such license applications. b. Backa round Check I The applicant must not have any of the following offenses as verified by a criminal background check. 1. No convictions in the last 60 months for any of the following offenses involving injury or death, and no convictions in the last 36 months for any of the following offenses not involving injury or death: W Hit and run; 10 • MAC Ordinance No. 81 • Effective June 1, 1997 Driving under the influence of alcohol or a controlled substance; (iii) Reckless or careless driving. 2. For original licensure, no more than 2 moving violations in the last 12 months, and no more than 3 moving violations within the last 36 months. For renewal, no more than 2 moving violations in the last 12 months, and no more than 4 moving violations within the last 36 months. 3. No felony convictions in the last 84 months for a sex crime or a crime of violence, and at least 12 months from the date of release from imprisonment for a sex crime or crime of violence. "Sex crime" is any prohibited act that has an element of a sexual nature. "Crime of violence" means any prohibited act that has as an element (a) the ' use or threat of force or a dangerous weapon or (b) a person (i) committing substantial bodily harm to another, or (ii) committing great bodily harm to another or (iii) causing the death of another. • 4. No felony convictions in the last 60 months for any crime. A MAC Driver's License may be granted to a Person who does not qualify because of b.3. or 4. by submitting to the Airport Director substantial evidence indicating significant improvement of the Person's character and conduct subsequent to the felony conviction. After considering the facts and circumstances of the conviction, the evidence submitted by the Person and any recommendation by the Airport Police Department, the Airport Director may grant a MAC Driver's License. C. Health Status The applicant must possess a current D.O.T. medical card. The D.O.T. medical card must be presented prior to license issuance or renewal and a copy will be kept in the Driver's application file. d. Driving E xperience Applicant shall have at least 12 month's driving experience in the United States as a licensed Driver and have a valid Minnesota driver's license. Such prior driving experience shall be verified by a background check conducted by the Commission's Police Department. I • 11 I MAC Ordinance No. 81 Effective June 1, 1997 • e. Agg The applicant must be at least 18 years of age. f. Driver Safetv and Customer Service Traininq Each Taxicab Driver shall attend a course designed to improve public service to Taxicab passengers as so approved and when directed by the Airport Director. Proof of course completion must be provided to the Commission. The cost of the course shall be paid by the applicant. Taxicab Drivers shall attend the course when space is available and pass the test (i) prior to receiving their initial MAC Driver's License; (ii) if the Driver receives 3 customer complaints in a 12 -month period; (iii) in conjunction with penalties established in Schedule II where appropriate; and (iv) pursuant to any policy adopted by the Airport Director and incorporated into the Taxicab Manual. Failure to pass the test will result in loss of the MAC Driver's License, and loss of driving privileges subject to Section 4.5. 9 Test • The applicant must have a demonstrated ability to read, write and speak the English language. In addition, the applicant must have a demonstrated knowledge of the geography and street systems of the seven - county metropolitan area, as well as the location of major attractions within those areas. The applicant must also have a demonstrated knowledge of the provisions of this Ordinance relating to the conduct of Taxicab Drivers and the operation of a Taxicab. The Airport Director shall establish tests to verify these abilities and this knowledge. A Driver must pass the test before receiving a MAC Driver's License. Such tests shall be administered in compliance with the Americans With Disabilities Act. h. Other Reauirements A photograph of each applicant shall be furnished by the Commission without any additional charges. Upon good cause, a fingerprint record will be required by the Airport Police Department. I 12 • MAC Ordinance No. 81 • Effective June 1, 1997 i. No Past Due Balance A MAC Driver's License shall not be issued to any Person who has past due fees or fines. 4.3 Renewal a. A MAC Driver's License shall be renewed annually on the birthday of the Taxicab Driver or within 60 days of the Driver's birthday. Drivers that do not renew their MAC Driver's License within that time period will be required to take the Driver Safety and Customer Service course, retake and pass the MAC Driver's License test, and pay the appropriate fees and fines. b. To renew a MAC Driver's License, the Driver must meet, all the requirements of Section 4.2 except the Driver Safety and Customer Service Course and the MAC Driver's License test subject to the provisions of Section 4.2.f. C. A temporary MAC Driver's License, not to exceed 30 days, may be • issued pending the background investigation. 4.4 Driver Information on File with Commission a. Driver Information Each Taxicab Driver shall keep a current residence address and telephone number on file with the Commission at all times. b. Comoanv Information Each Taxicab Driver shall keep the current name of the Taxicab Owner(s) and Company(ies) for which the Person drives on file with the Commission at all times. C. Changes Each Taxicab Driver shall provide the Commission written notice of any changes required by this section within 5 days of making the. change. • 13 MAC Ordinance No. 81 •' Effective June 1, 1997 d. Enforcement Failure to comply with this Section will result in an Immediate Suspension under Section 10.4. 4.5 Inelia_ ibility a. Failina One Section If an applicant fails 1 section of the Driver Safety and Customer Service Course and associated test, the applicant may retake that section of the course and test. b. Failina Two or More Sections If an applicant fails 2 or more sections of the Driver Safety and Customer Service Course and associated test, the applicant shall wait a minimum of 60 days, or other time period established by the Airport Director for such applicants, to retake the entire course and test. C. False Anolication If a MAC Representative determines a false application has been made, the applicant shall wait 6 months before reapplying. A false application is any incorrect statement that could have lead the Airport Director to improperly issue a MAC Driver's License. SECTION 5 - TAXICAB OPERATION 5.1 Commercial Lanes Taxicabs shall only use the Commercial Lanes to pick up passengers at the Airport unless otherwise directed by a MAC Representative. 5.2 Taxicab Loadina A Taxicab Driver shall in all instances in which it is requested or required assist a passenger to enter the Taxicab and to load and unload all property except that a Taxicab Driver shall not be required to lift a passenger or property weighing more than 50 pounds. 14 • MAC Ordinance No. 81 • Effective June 1, 1997 5.3 Passenger Transportation No Taxicab Driver shall refuse or neglect to convey any orderly Person or Persons and their reasonable property upon request to their destination. "Orderly" means a Person who is not verbally abusive or physical threatening. A Driver who refuses a short trip will be sent to the end of the Taxicab line in the Taxicab Staging Area. A Driver will not be sent to the end of that line because the Driver cannot transport excessive luggage. However, the decision that too much luggage exists must be made before the destination has been discussed. 5.4 Lost Articles The Taxicab Driver shall inspect the Vehicle after the departure of each passenger to ascertain that no article has been left behind. If a passenger leaves an article in the Taxicab, the Driver shall immediately attempt to return it. If the Driver is unable to return the article, the Driver shall immediately notify the Company dispatcher and deliver the article to the Airport lost and found or to the Person acting as Taxicab starter as soon as reasonably • practical. 5.5 Taxilines The Airport Director may establish one or more taxilines at the Lindbergh Terminal and the Hubert H. Humphrey Terminal to ensure that all transportation needs of Persons using the Airport are met. 5.6 Taxicab Manual a. Adoption of Manual The Airport Director has the authority to establish a Taxicab Manual that includes but is not limited to Vehicle standards, taxiline procedures, detailed operational procedures, and administrative issues. Except for emergency declarations by the Airport Director, the Airport Director shall post notice prior to adopting or changing the Taxicab Manual and hold a meeting at which proposed changes will be discussed. b. Compliance with Manual Every Person engaged in Taxicab transportation at the Airport shall comply with the Taxicab Manual at all times. • 15 MAC Ordinance No. 81 Effective June 1, 1997 • 5.7 Compliance with Leaal Reauirements a. Laws All Persons and Vehicles engaged in Taxicab transportation at the Airport shall comply with all applicable federal, state and local laws. b. Order All Persons engaged in Taxicab transportation at the Airport shall comply with all lawful .orders or directions given by MAC Representatives. C. Compliance Checks MAC Representatives may conduct random, unannounced compliance checks at any time to determine compliance with this Ordinance and the Taxicab Manual. 5.8 General Taxicab Op_ eration Taxicab operation and parking shall at all times be in accordance with • requirements established by the Airport Director. No Taxicab shall be operated so as to obstruct traffic, jeopardize passenger safety or interfere with the efficiency of Airport operations. No Taxicab Owner or Driver shall take any actions that threaten the safety, comfort or convenience of passengers or MAC Representatives or that interfere with the efficiency of Airport operations. SECTION 6 - TAXICAB FARES 6.1 Rate of Fare A Taxicab Driver shall not charge more than the legal fare shown on the Taximeter except as otherwise provided by this Ordinance. The legal rate of fare shall not exceed that authorized by the cities of Minneapolis or St. Paul, whichever is greater. Each Taxicab shall have the rate of fare including Y an minimum rate of fare displayed on the outside of the Vehicle, on both sides, so that it is clearly visible to passengers upon entering the Taxicab. I 16 i MAC Ordinance No. 81 • Effective June 1, 1997 6.2 Airport Use Fee A $2.00 Airport Use Fee will be added to the final metered rate for trips originating from the Airport. The amount of the Airport Use Fee may be adjusted annually by the Commission to recover the cost paid to the Commission for the Taxicab Permit based on the average annual number of trips per Taxicab Vehicle (rounded to the nearest $.25 increment for ease of collection), except that it shall not be reduced below $2.00. The Driver may only charge one Airport Use Fee regardless of the number of passengers. 6.3 Computation of Fares Taxicab Drivers may only charge one fare per Taxicab trip to the passenger or passengers they are transporting, whether or not the passengers are traveling to the same destination, except in the limited circumstances of MAC Representative - directed multiple loading. A Taxicab trip originates from the Airport and concludes when the last passenger has been dropped off at the passenger's destination. One fare means the final rate on the Taxicab meter plus one Airport Use Fee. • MAC Representative - directed multiple loading occurs in circumstances such as weather emergencies, extremely heavy passenger traffic, or when there is a limited number of Taxicabs available. When MAC Representative - directed multiple loading is utilized, any waiting passenger has the right to refuse multiple loading, may command the Taxicab's immediate departure, and shall not be caused undue delay. In cases of MAC Representative - directed multiple loading, each passenger pays the full fare, but only one Airport Use Fee may be charged for the Taxicab trip. No passenger, however, shall be required to pay a higher fare than if that passenger had sole use of the Taxicab. 6.4 Taximeter Every Taxicab shall be equipped with a Taximeter in good working order equipped to measure the rate of fare which may legally be charged, and equipped with a light so placed as to enable the passengers at all times to see the fare registered. The Taximeter shall be so equipped that it is not capable of altering the legal fare shown on the meter. The Taximeter must be operating at all times when the Taxicab is engaged. Each Taximeter shall be inspected annually by a meter repair establishment acceptable to the Commission who will calibrate the meter to the rate of fare which may legally be charged. Written documentation of the calibration shall • 17 MAC Ordinance No. 81 Effective June 1, 1997 • be provided to a MAC Representative as required by Section 3.2.f. A MAC Representative may waive this requirement if the meter has previously been calibrated by another licensing agency within the calendar year, by an establishment acceptable to the Commission. 6.5 Items Disnlaved in Vehicle The following items shall be displayed in the Taxicab at all times in a position that is plainly visible to passengers seated in the Vehicle: a. A printed card and /or decal containing the permit or license of the city, village or other political subdivision pursuant to which the Taxicab is P operated; b. The rate of fare the Taxicab is authorized to charge under this Ordinance; C. Current Airport Use Fee card issued by the Commission informing the public of the Taxicab's authorization to charge the Airport Use Fee and the amount of that charge; d. MAC Driver's License located next to the Taximeter. • SECTION 7 - DRIVER CONDUCT 7.1 Solicitation No Person shall solicit the business of carrying passengers for hire in any Taxicab and no Taxicab shall be driven within the limits of the Airport for the purpose of soliciting the carrying of passengers for hire. No Taxicab Driver shall provide any payment to any skycap, MAC Representative, bartender or any other Person in return for the referral of passengers or preferential treatment. Solicitation means to directly or indirectly, actively or passively, openly or subtly, ask, request, plead for, seek, or try to obtain passengers for hire in a Vehicle, whether or not by the Owner or Driver of such Vehicle. This includes any effort by use of voice, movement of body or by mechanical contrivance of whatever sort to call attention to the availability of a Vehicle to carry a passenger or baggage for hire. The fact that a Vehicle displays a mechanical device to indicate that such Vehicle is not engaged is not considered solicitation. 18 MAC Ordinance No. 81 . Effective June 1, 1997 7.2 Alcohol or Controlled Substance Use No Taxicab Driver shall possess, consume or be under the influence of alcohol or a controlled substance while on duty at the Airport. No Taxicab Driver shall consume alcohol or a controlled substance within 4 hours of beginning a shift at the Airport. "Controlled substance" has the meaning given in Minnesota Statutes Section 152.01, subd. 4 or as amended. 7.3 $mokina No Taxicab Driver shall have in his or her possession a lighted cigarette, cigar, pipe, or light or smoke same while driving a Taxicab which is occupied by a passenger unless such passenger shall have first granted permission to do so. 7.4 WeaDOnS No Taxicab Driver shall have in his or her possession while operating a Taxicab at the Airport any firearm, knife with a blade length in excess of 4 inches, or any assault weapon.. • 7.5 Prostitution No Taxicab Driver shall allow any Person to occupy or use such Vehicle for the purpose of prostitution. No Taxicab Driver shall direct or offer to direct any Person to any place or Person for the purpose of prostitution, or to transport any Person to any building, place or other Person with knowledge or reasonable cause to know that the purpose of such transportation is prostitution. 7.6 Discrimination No Taxicab Driver shall discriminate against any Person based on race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, or age. • 19 MAC Ordinance No. 81 Effective June 1, 1997 • 7.7 Driver Behavior A Taxicab Driver shall at all times be courteous when dealing with the public or any MAC Representative. A Taxicab Driver shall not use profane or threatening language or gestures directed at or in front of any passenger or MAC Representative. No Taxicab Driver shall interfere with any other authorized Driver with whom any Person is negotiating or inquiring about the transportation of Persons or property. SECTION 8 - SPECIAL CALL TAXICABS 8.1 Pickina Uo Prearranaed Passenaers Special Call Taxicabs, whether or not permitted by the Commission, may pick up passengers at the Airport using the areas designated by the Airport Director. 8.2 COmDIV with Manual Special Call Taxicabs and Drivers shall comply with Special Call provisions of the Taxicab Manual and any direction of MAC Representatives. 8.3 Fees Special Call Taxicabs not permitted by the Commission shall use the cash Commercial Lane and pay the Cash Lane Trip Fee or Cash Lane Lost Ticket Fee set forth in Schedule I. Special Call Taxicabs not permitted by the Commission remaining in the lane longer than the dwell time set forth in Schedule I shall pay a Dwell Fee as set forth in Schedule I. Taxicabs permitted by the Commission are not subject to the Dwell Fee. The Airport Director may increase or decrease the Dwell Fee or the dwell time set forth in Schedule I as needed in order to ensure that commercial roadways operate free of congestion, and may do so to reflect different levels of congestion that may occur during the day. The Airport Director may adjust the Cash Lane Trip Fee and Cash Lane Lost Ticket Fee to match the fees paid by other Vehicles that use the Cash Lane. 20 • • MAC Ordinance No. 81 Effective June 1, 1997 SECTION 9 - FEES 9.1 Annual Taxicab Permit Fee a. Taxicab Permit Year Each Taxicab Owner shall pay a nonrefundable Taxicab Permit Fee for use of the Permitted Taxi Lanes in order to support the costs described in Section 9.1.b. An annual Taxicab Permit Fee for each Taxicab Vehicle shall apply to the period from November 11 to November 10 of each year or as otherwise established by the Commission. The fee shall be paid in full at the time of application for the Taxicab Permit. b. Establishment of Fee For the periods June 1 to November 10, 1997 and November 11, 1997 to November 10, 1998, the Taxicab Permit Fee shall be as set forth in Schedule I, which reasonably recovers 80% of Taxicabs' proportionate share of the year's budgeted costs as defined below. For each subsequent year the Commission shall establish the Taxicab Permit Fee • to reasonably assure recovery of 100% of such budgeted costs. The amount shall be rounded to the nearest $25.00 increment. When determining budgeted costs, the Commission shall take into consideration among other things, actual historical costs, operational costs, administration, depreciation, and interest attributable to the Airport terminal roadway system and the commercial ground transportation facilities, and the previous years' historical data regarding the numbers of trips by class of Vehicle. The fees shall be established by the Commission at public meetings with notice provided in accordance with Section 11. 9.2 AVI Taa DepDisjf The AVI Tag deposit shall be as set forth in Schedule I. The deposit is refundable if the AVI Tag is returned to the Commission in good condition within 60 days following the expiration or termination of the Taxicab Permit. • 21 MAC Ordinance No. 81 • Effective June 1, 1997 9.3 MAC Driver's License Application Fee The annual MAC Driver's License Application Fee shall be as set forth in Schedule I. The fee shall be paid at the time the application is filed and is nonrefundable. 9.4 Driver Safety and Customer Service Course Fee A fee for the Driver Safety and Customer Service Course will be charged so that the Commission recovers the cost of providing the course. 9.5 Transfer Fee The transfer fee shall be as set forth in Schedule I. 9.6 Late Fee A late fee of $5.00 or 1% per month on past due balance, whichever is greater, shall be charged on any past due balances. 9.7 Other Fees The Commission has the authority to adjust any of the fees in this section annually when setting the Taxicab Permit Fee; notice shall be provided as in Section 11. The Airport Director has the authority to establish other fees that cover reasonable administrative costs for services provided to Taxicab Owners or Drivers. SECTION 10 - ENFORCEMENT 10.1 Scope a. Violations The sanctions set forth in this section shall apply to Persons committing any of the following (hereinafter referred to as "violations "): 1. Violations of this Ordinance, the Taxicab Manual, or any laws or regulations expressly incorporated by this Ordinance; 2. Violations of any Ordinance of the Commission for which a criminal, penalty may be imposed; • 22 MAC Ordinance No. 81 • Effective June 1, 1997 3. Violations while on Airport property of any law of the State of Minnesota or the United States for which a criminal penalty may be imposed. b. Penalties Penalties for violations shall be as set forth in this Ordinance and Schedule II. The Commission at public meetings may review and change Schedule II annually or as it deems necessary. Notice shall be provided as required in Section 11. It is anticipated that changes to Schedule II would be recommended through the Taxi Advisory Committee, staff, Commissioners or other interested and affected parties. C. Enforcement Enforcement of this Ordinance shall be done in a uniform and nondiscriminatory manner. 10.2 Immediate Dismissal From Taxiline • a. Conduct MAC Representatives may immediately dismiss from the taxiline any Driver or Vehicle on the grounds that, in the judgment of the MAC Representative: 1. The Driver or the Owner of the Vehicle is engaged in behavior in the taxiline which amounts to a violation and which is disruptive of the efficient operation of the taxiline. 2. The Driver is driving a Vehicle in the taxiline which is in violation of standards which relate to the ability of the Vehicle to safely convey passengers. 3. The Driver has violated taxiline procedures and has taken an improper position in the taxiline. b. Other Actions Not Precluded Any Immediate Dismissal from the taxiline shall be without prejudice to other enforcement actions taken under this section and Schedule II. • 23 MAC Ordinance No. 81 •' Effective June 1, 1997 C. Limitations On Immediate Dismissal An Immediate Dismissal shall be imposed for one trip through the taxiline only, provided that subsequent violations of the type contained in a.1., 2. or 3. above may result in subsequent Immediate Dismissals. 10.3 Delaved Suspension Repair Notice a. Conduct MAC Representatives may issue to the Driver and the Owner of any Vehicle a Delayed Suspension Repair Notice upon observing that the Vehicle is in violation of the Vehicle standards contained in this Ordinance or the Taxicab Manual, but which do not relate to the ability of the Vehicle to safely convey passengers. b. Contents of Notice The Delayed Suspension. Repair Notice shall set forth: 1. The nature of the violation(s). 2. The date on which the violation(s) took place. 3. The date by which the repair of such violation(s) must take place ( "repair date "), which shall be up to 30 days from the date of the violation. 4. Notice that the Permit for the Vehicle shall be suspended, and its AVI Tag deactivated, on the repair date without further notice unless the Vehicle ' has passed inspection by a MAC Representative. C. Duration A Suspension pursuant to a Delayed Suspension Repair Notice shall be for such time until the Vehicle passes an inspection by a MAC Representative. 24 • • MAC Ordinance No. 81 Effective June 1, 1997 d. Other Actions Not Precluded Any Delayed Suspension Repair Notice shall be without prejudice to other enforcement actions taken under this section and Schedule II. e. Review Any Delayed Suspension Repair Notice shall be reviewable by the Airport Director upon written request. 10.4 Immediate Suspensions a. Conduct The Manager of the Landside Operations Department (or its successor) or designee may immediately suspend a Taxicab Permit(s) or MAC Driver's License for the following reasons: 1. Failure by an Owner to keep current the information required by Section 3.7 or failure by a Driver to keep current the information • required by Section 4.4. 2. Failure by an Owner to respond to telephone communications by the Commission within 12 hours, provided that the Commission has attempted to establish telephone contact by: (1) calling the Company through which the Owner has radio dispatching or is affiliated with; and (2) calling the Owner at the telephone number on file with the Commission. The 12 -hour period shall commence when steps (1) and (2) of this paragraph have been completed. 3. Failure by a Driver to respond to telephone communications by the Commission within 12 hours, provided that the Commission has attempted to establish telephone contact by: (1) calling the Company through which the Commission reasonably believes the Driver is operating; and (2) calling the Owner of the Vehicle through which the Commission reasonably believes the Driver is operating at the telephone number on file with the Commission; and (3) calling the Driver at the telephone number on file with the Commission. The 12 -hour period shall commence when steps (1), (2) and (3) of this paragraph have been completed. • 25 MAC Ordinance No. 81 •' Effective June 1, 1997 4. Failure by an Independent Owner to keep a current cellular phone number on file as required by Section 3.6.b. 5. Failure by an Owner to pay in full an outstanding balance for any fees that are at least 60 days past due or fines that are not paid within the time specified by the Ordinance. 6. Violations where the failure to immediately suspend would jeopardize the health, safety or welfare of the traveling public. b. Immediate Suspension Order Upon finding cause for such Immediate Suspension, the Manager of the Landside Operations Department (or its successor) or designee shall immediately issue a written Order of Immediate Suspension to the Owner or Driver depending on the nature of the violation. The Immediate Suspension Order shall state the grounds for the Suspension and inform the Owner or Driver that he or she may present additional information to the Airport Director, if he or she chooses to request that the Airport Director vacate that order. If such additional information is presented to the Airport Director, the • Director shall consider such information and shall promptly affirm or vacate the Order of Immediate Suspension. C. AVI Taa Deactivation Upon the issuance of an Order for Immediate Suspension, the Commission may deactivate the AVI Tag for one or more of the Owner's Vehicles. Where the Immediate Suspension is for Driver conduct for the reasons stated in Paragraph a.1. or 3. above, the Commission may deactivate the AVI Tag of the Vehicle which the Commission reasonably believes the Driver is operating. For violations of Paragraph a.1. above, if mail is returned to the Commission for bad address, the AVI Tag will be deactivated at the time mail is returned. For any other information required by Sections 3.7 or 4.4, the Commission shall wait 5 days from the time the Commission received actual knowledge that the information was inaccurate before deactivating the AVI Tag_, unless the AVI Tag is deactivated pursuant to Paragraphs a.2., 3., or 4., above. • 26 i MAC Ordinance No. 81 • Effective June 1, 1997 d. Immediate Susrension Duration Where the Immediate Suspension is for the reasons stated in Paragraph a. 1., 2., 3., 4., or 5 above, the Immediate Suspension shall end and the AVI Tag shall be reactivated as soon as practical (but not later than the next business day) upon remediation of the reasons for the Immediate Suspension. Where the Immediate Suspension is for the reasons stated in Paragraph a.6. above, the Immediate Suspension shall be for such time as the Manager of the Landside Operations Department (or its successor) or designee determines that there continues to be a threat to the health, safety and welfare of the public; provided that if the immediate suspension period shall exceed 7 days after issuance of the Order of Immediate Suspension, the Airport Director shall initiate proceedings for Suspension or Revocation through issuance of an appropriate notice. 10.5 Administrative Fines a. Amount • Administrative Fines shall be imposed for violations of this Ordinance and the Taxicab Manual as set forth in Schedule II. b. Notice of Assessment Any person authorized by the Airport Director shall have the authority to issue a Notice of Assessment of fines to the Owner and/or Taxicab Driver who is the violator(s). The Notice of Assessment shall state: 1. the nature of the violation; 2. the date on which the violation occurred; 3. the amount of the fine; and 4. the date of the Notice of Assessment. • 27 MAC Ordinance No. 81 Effective June 1, 1997 • C. Pavment Payment of fines must be received within 15 days of the date on which the Notice of Assessment is dated, or where a hearing is requested, within 15 days of the date of the Commission's final action affirming the Notice of Assessment under Section 10.8. 10.6 Suspensions a. Conduct Taxicab Permits and MAC Driver's Licenses may be suspended for any one -of the following reasons: 1. Repeated violations for which fines have been assessed, as set forth in Schedule Il. 2. Violations for which Suspension is specified in Schedule ll. 3. Violations which are aggravated in nature by their adverse impact on the orderly delivery of ground transportation services to the public or the efficient operation of the airport. b. Notice of Suspension The Airport Director shall have the authority to issue a Notice of Suspension. The Notice of Suspension shall set forth: 1. the nature of the violation(s) which is the reason for the Suspension; 2. the date of the violation(s) ; 3. the length of the Suspension; 4. the date on which the Suspension shall commence; 5. the date of the Notice of Suspension; and 6. the right to a hearing. The Airport Director shall review any report brought to his /her attention and may conduct additional investigation into such facts as deemed 28 i MAC Ordinance No. 81 • Effective June 1, 1997 necessary in order to determine whether there are grounds for issuance of a Notice of Suspension. A Suspension shall commence not earlier than 15 days from the issuance of a Notice of Suspension or, where a hearing is requested, the final action of the Commission sustaining the Suspension under Section 10.8. C. Duration The Suspension shall be for the period stated in Schedule II, where specified, or for such time as is ordered by the Airport Director not to exceed 6 months. d. AVI Taa Deactivation Upon the commencement of a Suspension, the Commission may deactivate the AVI Tag(s) for the Owner's affected Vehicle or Vehicles for the length of the Suspension. 10.7 Revocations • a. _ Conduct Taxicab Permits and MAC Driver's_ Licenses may be revoked where any one of the following exist: 1. A violation(s) for which a Notice of Suspension may issue where the violator has had a previous Suspension within 12 months prior to the violation. 2. Violations for which Revocation is specified in Schedule II. 3. Violations that indicate a willful or reckless disregard for, and which has an immediate impact on the health, safety or welfare of the public. b. Notice of Revocation The Airport Director shall have the authority to issue a Notice of Revocation. The Notice of Revocation shall set forth: 1. the nature of the violation(s) which is the reason for the Revocation; 2. the date of the violation(s); • 29 MAC Ordinance No. 81 Effective June 1, 1997 • 3. the length of the Revocation; 4. the date on which the Revocation shall commence; 5. the date of the Notice of Revocation; and 6. the right to a hearing. The Airport Director shall review any report brought to his /her attention and may conduct additional investigation into such facts as deemed necessary in order to determine whether there are grounds for issuance of a Notice of Revocation. A Revocation shall commence not earlier than 15 days from the issuance of the Notice of Revocation or, where a hearing is requested, the final action of the Commission sustaining the Revocation under Section 10.8. C. Duration 1. MAC Driver's License After a MAC Driver's License has been revoked, the Taxicab • Driver shall not be eligible to apply for another MAC Driver's License for a period of 2 years from the date Revocation commences. 2. Taxicab Permit In the event that any or all of the Taxicab Permits of an Owner are revoked, the Owner shall be eligible to apply for new Taxicab Permits as follows: (i) In the event that fewer than all Taxicab Permits of an Owner are revoked, for a period of 2 years after the date on which the Revocation commences, the total number of Taxicab Permits which the Owner is eligible to hold shall be the number of Permits held prior to the Revocation minus the number of Permits revoked. (ii) In the event that all Taxicab Permits of an Owner are revoked, such Owner shall not be granted any Taxicab Permit for an Vehicle for period of 2 ears from the date Y P Y on which the Revocation commences. 30 • MAC Ordinance No. 81 • Effective June 1, 1997 d. Multiple Permits Where an Owner has more than one Taxicab Permit, only the Permit for the Vehicle involved in the violation shall be revoked.' If the violation(s) giving rise to the Revocation involves conduct or policies involving all of the Vehicles of the Owner, all of his /her Airport Permits shall be revoked. Conduct or policies involving all of an Owner's vehicles includes but is not limited to: 1. violations which have the potential to place in imminent jeopardy the safety and well -being of others; or 2. violations involving dishonesty, fraud or corruption; or 3. violations where the Owner has knowingly or with reckless disregard allowed Vehicles to be operated by Drivers who do not hold valid MAC - Driver's Licenses; or 4. more than 2 insurance violations and where one -third or more of the Owner's Vehicles have been operated without • the insurance required by this Ordinance during any 12- month period. 10.8 Procedure a. The procedures herein shall apply to Persons receiving a Notice of Assessment, Suspension, Revocation, or loss of License under Section 4.2.f, but shall not apply to a Dismissal From Taxiline, Delayed Suspension Repair Notice or Order for Immediate Suspension. b. Any Person receiving a Notice of Assessment, Suspension or Revocation may request a hearing before a Hearing Officer. Such request must be made in writing and received by the Airport Director within 15 days after the Notice of Assessment, Suspension or Revocation has been issued. C. If the Person requests a hearing, the Airport Director shall so advise the Executive Director, who shall appoint a Hearing Officer to conduct the hearing. The Hearing Officer shall set a time for such hearing to be held as soon as practical. The Airport Director shall notify the Owner or Driver of the time and place of the hearing not less than 5 days before the time set for the hearing. • 31 MAC Ordinance No. 81 • Effective June 1, 1997 d. The hearing shall be conducted by the Hearing Officer, shall be recorded I r by electrical o mechanical recorder or by a qualified reporter, and shall proceed as follows: 1. The Airport Director shall present evidence which supports the facts constituting grounds for the Notice. 2. The Person requesting the hearing may appear in person, may be represented by counsel, may cross - examine Airport Director's witnesses who are present, and may present any relevant evidence which the Owner or Driver has relating to the facts constituting grounds for the Notice. The evidence at the hearing shall be limited to that which is relevant to the facts constituting grounds for the Notice. 3. All testimony shall be taken under oath, but both the Airport Director and the Person requesting the hearing may introduce testimony under oath in the form of sworn statements if witnesses are unavailable or refuse to appear in person. 4. The Hearing Officer shall hear the evidence and shall make • recommended findings concerning the facts relevant to the violation(s) set forth in the Notice. The Hearing Officer shall make no determination concerning the penalty set forth in the Notice, nor shall the Hearing Officer make recommended findings concerning any substantive issue other than the facts underlying the Notice. 5. The Hearing Officer shall issue a report in writing stating his /her recommended findings as soon as practical following the hearing. 6. Either the Airport Director or the Person requesting the hearing may request review of the Hearing Officer's report by the Executive Director. The review must be requested by filing with the Executive Director a written Request for Review within 10 days of the date of the Hearing Officer's report. The Request for Review must state reasons for reversing or vacating the report. The party not requesting review may submit a written Response to the Request for Review within 10 days of the date of the Request for Review. Based on the record of the hearing, the Request for Review and the Response, the Executive Director shall issue a written ruling that affirms, reverses or vacates the Hearing Officer's report. The Executive Director may order remand to a Hearing Officer for a new hearing, a supplemental hearing and /or for additional findings. i 32 MAC Ordinance No. 81 • Effective June 1, 1997 7. Where review is requested, the Executive Director's ruling shall be the final action of the Commission. Where review is not requested within 10 days as set forth in Section 10.8.d.6., the Hearing Officer's report shall be the final action of the Commission. SECTION 11 - NOTICE 11.1 Notice of Violations Notice as required by Section 10, or any other notice required by this Ordinance to be given to an individual, is sufficient if delivered in person, sent by U.S. mail to the last address on file with the Commission, or transmitted by fax. Time of "issuance" means when the notice is hand delivered, placed in the mail, or faxed. 11.2 Posted Notice Notice of Commission meetings to review Schedules I or II, notice of meetings, and notice of issues that affect numerous Taxicab Owners or Drivers shall be sufficient if posted at the Super America on Post Road or other location reasonably . calculated to provide notice. Changes to Schedules I or II (that require • Commission action) shall be posted in such manner 30 days prior to implementation. SECTION 12 - GENERAL PROVISIONS 12.1 Penaltv Any Person violating any of the provisions of this Ordinance shall upon conviction be punished by sentence within the parameters of the maximum penalty for misdemeanors set forth in Minn. Stat. § 609.03 or as amended. 12.2 Provisions Severable If any part of this Ordinance shall be held unconstitutional or invalid, this does not affect the li va dity of the remaining parts of this Ordinance. The Commission declares it would have passed the remaining parts of this Ordinance without the unenforceable provisions. 12.3 Re ep aler As of the effective dates of this Ordinance, Ordinance No. 79 as it relates to Taxicabs is revoked. Ordinance 79 remains in effect for all other Commercial Vehicles. • 33 MAC Ordinance No. 81 • Schedule Adopted April 1997 SCHEDULE II Violations are cumulative by category and all categories are tracked for a 12 month consecutive period. Fines will be assigned to each Person/Vehicle involved in the incident. In addition to the penalties established in this Schedule, the Airport Director may require a Driver to attend remedial training, such as the Driver Safety and Customer Service Course and test, in appropriate situations at the Driver's expense if the Airport Director determines performance may be improved. (See Section 4.2f.) Cateaory A: First offense in this category warning, second offense fine, third offense fine doubles, fourth offense suspension, fifth offense suspension doubles, sixth offense revocation. Cateaory No warning, first offense in this category fine, second offense suspension, third offense revocation. Cateaory C: No warning, first offense in this category suspension, second offense revocation. Cateaory D: No warning, first offense in this category revocation. Vehicle Owners are responsible for oavina all fines. Responsible Party Codes identify which individual would be held responsible for accumulating offenses. D = Driver, O = Owner, E = Either the Driver or Owner, whoever is determined responsible. If both are determined to be responsible, both will be held accountable. Applicable Length of Cateoory A Section Fine Suspension PAC Al Driver not with Vehicle in areas where Manual $25.00 1 Week D required to stay with Vehicle A2 Taxi Trunk Cluttered /Dirty Manual $25.00 1 Week D A3 Taxi Front Seat Cluttered Manual $25.00 1 Week D A4 Interior /Exterior Dirty Manual $25.00 1 Week O A5 Obstructing Roadways and/or Double Parking Ord 5.8 $50.00 30 Days D A6 Discourteous Behavior, Use of Profane or Threatening Language to Passengers,MAC Employees, MAC Agents, and Other Drivers Ord 7.7 $50.00 1 Week E A7 Missing Equipment Manual $50.00 30 Days 0 MAC Ordinance No. 81 Schedule Adopted April 1997 • Cateaory B B1 Overcharging Passengers Ord 6.1,6.2, $50.00 30 Days D (Driver must also pay restitution) 6.3,6.4 B2 Violations of MAC Ordinance, Taxicab Manual Not Specifically Mentioned All $50.00 30 Days E B3 Driver Operating without a valid MAC Driver's License Ord 4.1 $200.00 60 Days E B4 Soliciting ! Loading in Improper Area Ord 5.1,7.1 $500.00 1 Year D B5 Driver /Owner Refusing to Comply With MAC Representative Instructions Ord 5.7.b $100.00 30 Days D B6 Unloading in Improper Area Ord 5.8 $100.00 30 Days D B7 Bypassing Holding, Staging, or Loading Area Manual $100.00 30 Days D • B8 Failure to display required items Ord 6.5 $100.00 30 Days O B9 No /Incomplete Trip Sheets Manual $100.00 30 Days D B10 Vehicle Operating Without P 9 Inspection Decal Ord 3.2.e $200.00 60 Days O B11 Unauthorized Company Transfer Authorized Vehicles Ord 3.8 $100.00 60 Days O B12 Careless /Reckless Driving Ord 5.7,5.8 $100.00 30 Days D B13 Radio /cell phone violations Ord. 3.6, 12.5 $200.00 30 days O Cateaory C C1 Conduct Which Interferes With or Threatens the Safety of Passengers Ord 5.8 30 Days E C2 Conduct Which Interferes With or Threatens the Operational Efficiency of the Airport Ord 5.8 30 Days E C3 Discrimination Ord 7.6 30 Days E C4 Unauthorized AVI Tag Transfer Between Authorized Vehicles Ord 3.3, 3.8 120 Days 0 MAC Ordinance No. 81 Schedule Adopted April 1997 SCHEDULE I SCHEDULE OF FEES Taxicab Permit June 1 - November 10, 1997 $625.00 November 11,, 1997 - November 10, 1998 $1,500.00 AVI Tag Deposit $50.00 MAC Driver's License Application Fee $25.00 Transfer Fee $75.00 Late Fee $5.00 or 1% per month on past due balance, whichever is greater Cash Lane Trip Fee* $5.00 Cash Lane Lost Ticket Fee* $30.00 • Cash Lane Dwell Rate* 0 - 10:59 minutes $0.00 11:00 - 20:59 minutes $1.00 each additional 10 minute increment $2.00 Fees are subject to annual review by the Commission according to Section 9 *These Special Call Taxicab Fees may be adjusted periodically by the Airport Director under Section 8.3. Check with Landside Operations for current amounts. a:SCHED.t • I MAC Ordinance No. 81 • Effective June 1, 1997 12.4 Time Periods The time periods set forth in this Ordinance shall be based on calendar days unless otherwise specified. 12.5 Effective Dates The Ordinance is effective June 1, 1997 except as provided below. a. Section 3.6 is effective for the Permitting • year beginning November 11, 1997. For the Permitting period June 1 - November 10, 1997, each Taxicab shall be equipped with an operable two -way radio with 24 -hour dispatch service or a cellular phone. This two -way communication device shall be turned on at all times while the Driver is in the Vehicle. If a cellular phone is used, the cellular phone number shall be kept on file with the Commission at all times. b. Section 3.4.a. is effective May 11, 1998. From June 1, 1997 - May 10, 1998, the Owner shall have in force insurance with minimum coverage of $100,000 bodily injury per person, $300,000 bodily injury per accident, and • $100,000 property damage and comply with all other requirements of Section 2.9 of MAC Ordinance 79. 03A 72,7 N N 1997 j N F/ f N • aAsenea.2 34 6L SL LaX MAC Ordinance No. 81 Schedule Adopted April 1997 • C5 Unauthorized Owner Transfer Ord 3.8 120 Days O C6 Terroristic Threats Ord 5.7.a 120 Days E C7 Operating Without Insurance Ord 3.4, 12.5 180 Days O Cateaory D D1 Unauthorized Vehicle Ord 3.1, 3.2, 3.3 Revocation E D2 Manipulating AVI Tags to Reduce or Eliminate Dwell or Trip Charges Ord 3.3 Revocation O D3 Bring Weapons onto MAC Property Ord 7.4 Revocation E D4 Alcohol /Controlled Substance violations Ord 7.2 Revocation D Schedule II is subject to change by Commission action according to Section 10.1. a ached.2 • I • City Council Agenda Item No. 9e • 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 given that a public Y g p hearing will be held on the 14th day of 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 Propertv" means nronertv that. after appropriate notification to the nropertv owner. the owner fails to redeem. or property to which the owner relinquishes possession without reclaiming the property. b. Unclaimed Pronertv" means pronertv lawfully cominL- into the possession of the City and remaining unclaimed by the owner. Section 2 -102. DISPOSITION OF ABANDONED AND UNCLAIMED PROPERTY. a. Procedure. Except for vehicles impounded pursuant to 6 2 -103. et sea. of this Chanter, all abandoned and unclaimed property will be disposed of as provided in this section. which is adopted pursuant to M.S. 6 as it may be amended from time to time. • ORDINANCE NO. • b. Storage. The department of the city acouirine 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 property by exhibiting satisfactory proof of ownership and having the city any 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 nropertv has been in the possession of the City for at least 60 days, the propertv may be sold to the highest bidder at a public auction or sale or by a private sale through 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 public or private. If the sale is to be by public auction. the City shall give ten days' published notice describing the abandoned or unclaimed property found or recovered and to be sold, and specifying the time and place of the sale. The notice must be published at least once in a legal newspaper in the city. e. Proceeds. The proceeds of the sale will be placed in the general fund of the City. • If the former owner makes application and furnishes satisfactory proof of ownership within six months of the sale, the former owner will be paid the proceeds of the sale of the abandoned or unclaimed pronertv less the costs of storage and the proportionate part of the cost of published notice and other costs of the sale. Section 2 -103. ABANDONED VEHICLES. a. Incomoration 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 disposition of abandoned vehicles shall be governed by M.S. Chapter 168B. b. Additional Findings. The City finds that, in circumstances involving certain health and safety concerns, it is necessary to apply more stringent regulations than those contained in M.S. Chapter 168B. .Accordingly. the City adopts the following additional regulations in Sections 2 -104 and 2 -105. Section 2 -104. VIOLATION TO ABANDON MOTOR, VEHICLE. A person who abandons, parks, keens. places or stores any iunk vehicle or inoperable vehicle on an y public. or on an) private property without the consent of the p erson in control of the property is guilty of a misdemeanor. • ORDINANCE NO. • Section 2 -105. AUTHORITY TO IMPOUND VEHICLES. a. Inoperable or iunk vehicles on public property. No person shall park, keep, place, store or abandon any iunk vehicle or inoperable vehicle on a public street, alley, or public property within the city. The City Manager or Manager's designee .or any peace officer employed 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 employed or whose services are contracted for by the city, may take into custody and impound any unauthorized vehicle under M.S. 5169.041 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 highway 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 parking facility or other public property owned or controlled by a • unit of government, properly posted, four hours. C. Illegally parked vehicles. The City Manager, Manager's designee, or any peace officer emploved or whose services are contracted for by the city, may take into custody and impound any vehicle that is illegally parked, 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 employed 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 transportation. Except in an emergency situation, reasonable notice must be given to the vehicle owner or user of such activities. e. Vehicles obstructing traffic or emergency response. The City Manager. Manager's designee. or any peace officer employed or whose services are contracted for by the city, may take into cust ody and impound any vehicle, whether occupied or not, that is: (1) found stopped, standing, or parked in violation of an ordinance or state statute; (2) reported stolen: or (3) impeding firefighting or other emergency activities.. snow removal or plowing, or the orderly flow of traffic. • 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 nostina a notice on the property. or by personal delivery to the owner of or person in control of the propertv on which the vehicle is located. When the property is occupied, service upon the occupant is deemed service upon the owner. Where the nroperty is unoccupied or abandoned, service may be by mail to the last known owner of record of the propertv or by posting on the pronertv. 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. &I68B.08; and e) That the owner of the vehicle or the owner of or person in control of the property 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 reauested 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, governing the sale of abandoned motor vehicles. • I 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 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 manager may deliver such property or order such money paid to the true owner thereof u roof of ownership P sati on P sfac tory t o the city manager, after ten days notice b mail t Y g o other persons who may have asserted a Y Y P Y 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 apublic sale of unclaimed property, the city manager shall cause the proceeds therefrom to be deposited in the General Fund of the City. • City Brookl n _ ty f y Center 2 1 City Ordinance • Section 2 -107. CLAIM BY FORMER OWNER AFTER PUBLIC SALE. The former true owner of properly 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 t g p he 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 fiimishing 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 ofpublic 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 proof of ownership within ninety days of the date of sale. • City Brook n Center n' l .T y 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 168B.10 of the Minnesota Statutes. • • City of Brooklyn Center 2 -3 City Ordinance i City Council Agenda Item No. 9f • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING 2003 PAY PLAN FOR POSITIONS OF POLICE CHIEF AND POLICE CAPTAIN WHEREAS, the Teamsters Union has withdrawn as the exclusive representative for Police Chief and Police captain positions; and WHEREAS, the Police Chief and Police Captain are no longer unionized positions and have been operating under an expired 2002 labor agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize a three percent increase to the salary ranges for the positions of police chief and police captain be effective January 1, 2003. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 9g City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley DATE: March 18, 2003 SUBJECT: Amendment of Personnel Rules and Regulations to Reimburse Deductible Expenses for Personnel Use of Automobile Attached please find a proposed resolution that would amend the City Personnel Rules and Regulations to allow for reimbursement up to $500 in out -of- pocket expenses related to the use of a personal vehicle by a City employee on City business. This proposal is prompted by damage to Sharon Knutson's vehicle while going to polling places in anticipation of last year's Election. Attached are memorandums from Ms. Knutson regarding the history of this matter. The matter was originally submitted to insurance and then resubmitted to insurance. Insurance denied the claim. We • have several employees who use personal vehicles and receive mileage payments on a per mile basis. This saves the City a great deal of expense associated with maintaining City vehicles for such purposes. The proposed policy change drafted by Mr. LeFevere would be reasonable and support continued ability to have employees use their private vehicles for work related purposes to the City's advantage. 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 Member introduced the following esolution and g moved its adoption: • RESOLUTION NO. RESOLUTION AMENDING SECTION 12.3 OF THE CITY'S PERSONNEL RULES AND REGULATIONS WHEREAS, on September 8,1997, the Council adopted the City's Personnel Rules and Regulations by Resolution No. 97 -161; and WHEREAS, the Council finds that it is in the public interest to provide incentives for City employees to drive privately owned vehicles on City business rather than providing City vehicles in all cases; and WHEREAS, the Council therefore wishes to provide for reasonable reimbursement of certain claims and damages related to the use by City employees of private vehicles on City business cases. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City's Personnel Rules and Regulations, Section 12.3 Personal Expense Reimbursement. is amended as of August 1, 2002, by adding a new subsection 5 as follows: 5. Reimbursement for mileage is intended to include provision for insurance with a reasonable deductible, which for purposes of this policy is assumed to be $500.00. • Employees will be reimbursed for verifiable out -of- pocket expenses incurred for claims or damages relating to the use by the employees of their private vehicles on City business in an amount not to exceed $500.00 per occurrence. Reimbursement shall be made only for claims for damages arising from occurrences in which the employee is driving his or her car away from City Hall, or the employee's workstation, on City business under circumstances that would qualify for reimbursement for mileage. This paragraph does not limit the obligation of the City to indemnify employees for claims covered by Minnesota Statutes, Section 466.07 or other law. Date Mayor ATTEST: City Clerk I The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof- • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Office of the City Clerk OX City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: March 3, 2003 SUBJECT: Personal Vehicle Damage Attached are materials relating to an accident that occurred with my vehicle last fall on August 6, 2002. Jane Chambers was notified of the accident via e-mail on the date of the accident. A memorandum dated August 8, 2002, outlining the accident was prepared for Doug Sell to submit to LMCIT for review. I received a letter from Allied Adjusters, representing LMCIT and City, dated August 22, 2002, denying the claim. I shared the denial letter with Ms. Chambers and Mr. Sell, and Mr. Sell continued working with Allied Adjusters and LMCIT. In December 2002, Mr. Sell explained that he would work with the • new insurance agent regarding the claim, but that I should remind him in January 2003. He informed me last week that the insurance agent suggested that Mr. Sell speak with you regarding the claim. Last Thursday, February 27, 2003,1 had my vehicle repaired at Brookdale Ford and paid the $250 deductible (total cost of repairs was $939.11). I've attached a copy of the invoice and receipt. Please consider my request for reimbursement of the $250 deductible for the repair of my vehicle. Thank you for your consideration in this matter. Attachments * 6301 Shingle Creek Parkway creation and Community Center J' n y Phone e P &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 o f Brooklyn Center A Millennium Community • MEMORANDUM TO: Doug Sell, Director of Fiscal and Support Services FROM: Sharon Knutson, City Clerk DATE: August 8, 2002 SUBJECT: Vehicle Damage On August 6, 2002, Maria Rosenbaum and I escorted a representative from Election Systems and Software (ES &S), along with her son, to the seven polling locations in Brooklyn Center to test the frequency in the voting room for transmitting results from the voting scanner in preparation for Election Day. ES &S is the vendor that maintains the election equipment that the City leases from Hennepin • County. ES &S had requested that the City provide a vehicle and driver to escort the representative to the polling locations in the City. I drove my personal vehicle to the polling locations. At the polling location for Precinct 6, Northport Elementary School, 5421 Brooklyn Boulevard, I backed into a cement post that surrounds the flagpole in the middle of the parking lot. I was well aware that there were no cars parked behind me and of location of the flagpole, but I could not see the cement posts that surround the flagpole. This happened at approximately 2:15 p.m. No one was injured. The damage to the vehicle was to the rear bumper on the driver's side and is estimated to be $820.04. Attached is an estimate from Brookdale Ford Collision. Maria Rosenbaum serves as Deputy City Clerk at the City of Brooklyn Center. The representative from Election Systems and Software was Lynnette (not sure of last name), along with her son Heath who was assisting her with the equipment. Election Systems and Software is located at 601 28th Avenue South, Waite Park, MN 56387. Attachment * 6301 Shingle Creek Parkway y Recreation and Community Center Phone &TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org • City Council Agenda Item No. 9h I OX City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: March 19, 2003 Re: Social Service Funding Council policy schedules an annual review of social services to determine if the Council wishes to consider terminating any of the agreements for social service delivery. All agreements, whether, joint powers or simply contractual arrangements are reviewed in even years and services dependent on city funding, but not joint powers agreements are reviewed in odd years. Given the budget situation, we are presenting all social service funding for Council review in March, rather than having only reviewed non joint powers agreements in February. • As has been discussed in previous years, Project Peace is really part of the police obligations to provide victim's assistance. Prior reviews have indicated that this is the most cost effective mechanism to deliver those services Northwest Hennepin Human Services leverages many multiples of the city's contribution in grant monies and the provision of social service programs. COOP Northwest has been valuable in undertaking special projects, but may not be sustainable as a city effort with a serious reduction in city resources. Robbinsdale appears to be leaning toward continuing with Northwest Hennepin Human Services and Crystal's city manager is recommending cutting it. Prism was a council initiative to provide transportation to medical services. 5 Cities Transportation provides transportation services, primarily to the elderly. Crystal uses CDBG funds for this program and may be less inclined to cut since it would not impact General Fund. 9 301 Shingle Creek Parkway y Recreation and Community Center Phone &TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org • Costs associated with these programs are: 5 Cities Transportation $14,118 Northwest Hennepin Human Services Council $12,252 Coop Northwest $ 6,418 Project Peace $46,317 PRISM $10,000 North Hennepin Mediation $ 4,000 $93,105 Cancellation requirements: 5 Cities Transportation 60 day notice Northwest Hennepin Human Services notice (forfeit any portion of assets) Project Peace notice prior to August 1 St for following year North Hennepin Mediation annual, cancel prior to 1 St of year (can terminate for cause) Prism cancel prior to January 31 st Attached is a memorandum from Curt Boganey on the terms in the agreements and summary materials from last year's application process for funding. • • March 17, 2003 MEMO TO: Michael J. McCauley, City Manager FROM: Curt Boganey, Assistant City Manager SUBJECT: Review of Social Services Funding Council policy adopted in November 1999 regarding social services funding requires that contributions made through a joint powers agreement be reviewed in even years. The policy also requires that the City Council annually review funding of social services provided by contract. Given the current fiscal climate you have asked that all social service projects be reviewed at this time. The purpose of the review is to determine if the delivery mechanism through the joint powers and budget request process is appropriate and effective. In accordance with policy, the City Council will review the following agency funding at its March 24` 2003 regular Council Meeting. • In addition I have attached a Social Service Agreement Summary outlining the terms for each of the current city supported social service programs. Joint Powers ALreements Five Cities Senior Transportation < The governing document is a joint powers agreement with cities of Crystal, Golden Valley, New Hope, and Robbinsdale. < Current contract through April 30,2003. Contribution for 2003 is $14,118.. The contribution is based on equal shares of the budget plus an in -kind contribution by Robbinsdale. < Oversight: Executive Committee includes City Managers from each city and meets once per year in July to approve budget. Alternates meet 3 or 4 times per year as needed, city is represented by staff member of Community Activities Recreation and Services. < An extensive transportation study conducted by the CARS Director was presented to the City Council at its March 16, 1998 work session. The study concluded that Five Cities Senior Transportation was a cost effective delivery mechanism for the service given the • cost of other transportation alternatives. • Northwest Hennepin Human Services Council < The governing document is a joint powers agreement with cities of Brooklyn Park, Champlin, Corcoran, Crystal, Dayton, Golden Valley, Hanover, Hassan, Maple Grove, New Hope, Osseo, Robbinsdale, and Rogers. < Agreement in effect until party withdraws, which can be at any time. Original contract 1975. < Oversight: Executive Board of Directors meets on monthly basis, and includes a representative of each city and alternates. There is also an advisory commission consisting of two appointed citizens from each city. < The agency employees a full -time Executive Director hired by the Executive Board. < The purpose of the agency is to plan and coordinate for a variety of services throughout the northwest metro area, and to leverage funds for social services available through the County of Hennepin, Federal, State, and private resources. The agency helps avoid • overlap and duplication of services in the region, and serves as an administrative coordination mechanism and financial oversight for a wide range of services and grant funding. Most of the funding that the agency deals with would not be granted from the original funding source without the presence of an agency like North West Hennepin Human Services Council. < The 2003 contribution is $12,252 for the North West Hennepin Human Services Council. Contributions are based on a share of .42 per capita. The total contribution for 2003 is $18,670 and includes a contribution to CO -OP Northwest as discussed below. < An additional contribution of $6,525 in 2003 is for CO -OP Northwest. This is a program that consists of the cities of, Brooklyn Center, Crystal, New Hope, and Robbinsdale. Oversight for this program is by the City Managers of these cities. < The Executive Director of North West Hennepin Human Services Council serves as the administrator of CO -OP Northwest. CO -OP Northwest has specific tasks it undertakes, such as the diversity employment initiative, and coordination of the Regional Human Rights Coalition in which the city participates. The governing agreement for these services is by memo of understanding. • Project Peace • < The governing document is a Joint Powers agreement with cities of Maple Grove and Robbinsdale. < Agreement is automatically renewed unless notice of withdrawal. Notice must be by Aug 1 of the year, to be effective at year -end. < Contribution for 2003 is $46,317. Contribution share is based on usage. Project Peace is governed by a Board of Directors. Cities appoint a Director to serve on board, or in absence of that, the Chief of Police for the community serves as the Director. < An Administrative Coordinator operates the program. < A review of services feasible through another provider of domestic violence was made in 1997. The other agency available at that time was Home Free. Services provided by Home Free require that officers refer a victim to a telephone number. Project Peace workers are available at the scene of domestic violence calls. Police feel this provides a more realistic chance for a reduction in repeat domestic calls. Home Free services appeared to have a higher cost for services than that provided by Project Peace at the time of the study. • Service Contracts PRISM < The governing document is a contractual agreement renewed by payment annually. < The 2003 contribution is $10,000. < After receiving the comprehensive transportation review in March 1998, the Council was asked by PRISM to participate in their service of transportation, including trips for medical appointments. The City Council approved an initial participation, and PRISM has since made requests and received funding in the 2001, 2002 and 2003 budget cycles. < PRISM provides curb to curb transportation service, affordable rides at $3 -$5 donation, provides rides to appointments with a 2 day notice or less, schedules medical appointments as a priority, and provides direct Elder Express phone lines and answering machines. • I NORTH HENNEPIN MEDIATION PROGRAM, INC. < The governing document is a contract agreement renewed by payment annually. < The 2003 contribution is $4,000. < Services provided by North Hennepin Mediation Program include mediation services for citizens, resolution of non - ordinance - related disputes, resolving non - criminal juvenile disputes, and mediation of family conflicts and conflicts related to divorce and post - relationship issues. • • • Social Service Agreement Summary Five Cities Senior Transportation Agreement Type: Joint Powers Agreement with Crystal, Golden Valley, New Hope and Robinsdale. Agreement Duration: This agreement continues in effect until terminated by the action of four Cities. Withdrawal Notice Requirement: Withdrawal of any member may be accomplished by filing written notice with the Committee chair and City Managers of he other Cities. Withdrawal shall become effective 60 -days after proper notice has been given. No withdrawal shall be effective until the member has met its full financial obligations to the Committee for the year of withdrawal and prior years. Agreement Type: Joint Powers Contract between members and Laidlaw Transit Services Agreement Duration: May 1, 2002 through April 30, 2003. • Northwest Hennepin Human Services Council Agreement Type: Joint Powers with Brooklyn Park, Champlin, Corcoran, Crystal, Dayton, Golden Valley, Hanover, Hassan, Maple Grove, New Hope, Osseo, Robinsdale, and Rogers. Agreement Duration: The agreement continues in effect indefinitely in accordance with its terms. Withdrawal Notice Requirement: Any member may at any time give written notice of withdrawal and shall forfeit its claim to any assets of the organization. Project Peace Agreement Type: Joint Powers Agreement with Maple Grove and Robinsdale. Agreement Duration: Continues in effect indefinitely unless terminated. Withdrawal Notice A member may withdraw by giving notice prior to August 1" that Requirement: it intends to withdraw at the end of the calendar year. Prism • Agreement Type: Approved grant and letter of understanding Agreement Duration: Annual agreement February 1, 2003- January 31 2004 Notice Requirement: The City has no obligation to renew in subsequent years. North Hennepin Mediation Program Agreement Type: Service Contract Agreement Duration: Annually renewed on a calendar year basis. Notice Requirement: The city may terminate the contract for cause and receive a pro - rata reimbursement of advanced payments made. The city has no obligation to renew in subsequent years. • • APPLICATION FOR CONTRACTUAL SERVICES CITY OF BROOKLYN CENTER • (FOR NONPROFIT ORGANIZATION /PROGRAM /AGENCY) Date Submitted: May 30, 2002 (Application must be received by June 1 for consideration as part of the budget for the following year.) Applicant Organization /Program /Agency Name: Brooklyn Peacemaker Center, Inc. Address: 7240 Brooklyn Boulevard Suite 205 City, State, Zip: Brooklyn Center, MN 55429 Phone Number: 535 -0995 Contact Person: Pat Milton PROGRAM OVERVIEW I. Generally describe the organization, including its mission, date established, services, and goals. • Brooklyn Peacemaker Center, Inc. was established in 1984 as a mediation project; however, since 1989 the purpose of the organization has been as it is today: The Brooklyn Peacemaker Centeris a private, nonprofit 501(c)3 community service organization serving Northwest Hennepin County in providing an effective alternative to juvenile criminal prosecution. Our mission is to work in partnership with local businesses, schools, police and county legal system in "giving kids a second chance" by providing juvenile offenders with a professional and effective early intervention program that is both compassionate and tough. 2. Explain the areas of expertise of the organization, including a description of the range of staff capability. Brooklyn Peacemaker Center contracts with six to eight licensed professional counselors, who work by appointment to address issues behind the actions which juveniles have been cited for. Employees include one part -time Case Worker with secretarial, administrative, and social work backgrounds; and a full -time Executive Director with communications, marketing and public relations background The strengths of the Program, however, are the collaboration between the retail stores and the police, as well as the volunteers, without which this program would not exist. 3. Describe the target group for services of the organization. The juvenile program is for youth, ages 6 through 17, who are arrested for shoplifting, assault, disorderly conduct, or other offenses on a first -time basis. The BCPD referrals are residents from any community who shop or attend school in Brooklyn Center; the County referrals are those who offend in other areas of the County but who reside in Brooklyn Center or the surrounding area. The Student program is for youth ages • 12 -18 as an alternative to expulsion from school for offenses such as fighting, theft, vandalism or truancy. The ethnic backgrounds of clients are as diverse as the community and the ratio of male to female referrals has consistently been about equal (see attached Exhibits Cand H). —i — 4. Describe how the organization is marketed and to what geographical and demographical areas. Awareness of this program and support comes from past participants and their families, newsletters, 10- newspapers, public speaking and community involvement. Specific marketing to businesses, schools, and organizations includes personal visits. Also, memberships in organizations such as the Brooklyn Community Chamber of Commerce, Minnesota Council of Nonprofits, and the Youth Intervention Programs Association increase awareness of the programs as well as help identify new areas of funding. 5. Discuss the methodology employed in measuring the effectiveness of the organization. Continual assessment surveys are taken from the parents as well as the youth at the end of their session and again at their exit from the program to determine outcomes. Plus, a survey is conducted yearly of any or all clients who completed the program more than one year previously... The 2001 survey shows a 94.85% success rate or nearly 5% recidivism (% who reoffend). This rate excels over most programs in the State who strive for a 15% rate. Also, we continually receive thanks from clients and their families for how Peacemaker helped change their lives. BUDGET Current Budget Yr. Requested Year — Actual Budget Year DOLLAR AMOUNT REQUESTED FROM CITY $ 7,000 $ 15,000 TOTAL ORGANIZATION BUDGET $ 101,550 $ 119,500 • CITY AMOUNT AS % OF TOTAL BUDGET 7 % 14.5 % % OF TOTAL BUDGET FOR OVERHEAD AND ADMINISTRATION COSTS 100 % 100 % 6. List specific secured and anticipated sources of contributions available to the applicant. SECURED (S) OR SOURCE AMOUNT ANTICIPATED (A) City of Brooklyn Center $ 15,000 A Hennepin County -0- _ MN Juvenile Justice Grant -0- MN Student Grant 24,800 S* Service Fees 11,000 A Foundations 20,000 A Contributions /Service Clubs 4,500 A Annual fundraiser dinner 5,000- A Individual and corporate memberships 7,500 A School &r Business Partnerships p 15,000 A * Pending continued two -to -one match from other local sources (not State) 7. List all other funding organizations explored and the outcome. • Several small foundation grants ($ 8- 10,000) In Process Funding support from Robbinsdale Schools ($2-7,000) -0- -2— 8. List in -kind items requested from the City. None • 9. Describe use of all in -kind contributions, and include estimated value of each in -kind contribution. September, 2001 - Donation of a new copier from Metro Sales, Bloomington - Value: $3,000 October, 2001- Contributions of items /services from residents and businesses to be used as auction items for the Annual Fundraiser Dinner - Value: $7,000± 10. a. Describe use of volunteers. The volunteer hours average 10 -25 hours per week and includes assessment session volunteers, board members, advisory committees, steering committees, volunteer coordinating, telephoning, office work, and participation in community events. b. Describe how the use of volunteers affects or reduces your budget. Our budget would be increased by approximately 20% if we had to pay for staff to handle what our volunteers do. Also, much of the corporate, individual and organizational donations are due to our volunteers and their personal support as well as their encouragement of others to make donations. 11. Describe any proposed use of funds to be received from the City of Brooklyn Center to pay wages, salaries, or benefits of employees of your organization. • 100% of funds received from all sources is directed toward costs to provide services to youth and families; of which, 56% is directed toward wages, salaries and benefits. The percentage of funds from the City toward these areas would be proportional (see Exhibit B - 2003 Budget). COMMUNITY NEED 12. Explain the community need for the proposed service. Brooklyn Center needs the Peacemaker program to keep youth crime statistics from growing -as well as to help youth and their families get back on track. Juvenile crime carries the fastest growing crime statistics in the nation. Our recent recidivism survey shows that nearly 9596 of our youth do not reoffend. This program is effective and preventative. The end result is not only less juvenile crime, but stronger members of a safer community. 13. Explain the community benefits including what you do for groups with special needs in the proposed service (if applicable). Our groups with special needs include "kids at risk ". Once these youth have completed the program, and not reoffended, we strive to get them connected into community involvement and volunteerism. We are continually looking for groups and organizations who are receptive to youth volunteers. • -3- 14. Describe how Brooklyn Center benefits from the services provided. • Many TAX DOLL4RSARE SAVED through reduced need for police officer time and squad car use. Staff time is also being saved because of the stores' willingness to have their security personnel detain the juvenile, write the report and hold the juvenile until the family arrives; they then forward the report to the police department where the offense is entered (and verified that this is a first -time offense) before sending the case on to Peacemaker for diversion. This program is effective and efficient. first offenses, when not stopped, progress to greater offenses. This program reduces the potential crime rate in the city through early intervention and prevention. 15. a. Discuss possible alternative sources for those services available within the community. The juvenile justice system. b. Describe why those alternative services are not fulfilling the current needs. The juvenile justice system does not address root issues behind the juvenile's actions. Peacemaker works to not only address those issues, but also to strengthen the youth so he or she is able to make better choices in the future — and not commit any further offenses. 16. State the total numbers of people from all communities who participate or receive direct benefits, and describe how these numbers were determined. In 2001, Brooklyn Center Police arrested and referred nearly 82% of our 'uv� enile cases, while Hennepin County referred 16% (60% of those were Brooklyn Center residents) and other referrals were 2 %. Additionally, 121 students were referred from the police, County and Schools, primarily for truancy. • TOTAL SERVED PROJECTED TOTAL TO BE LAST YEAR SERVED NEXT YEAR 575— Both Programs 400 — Total (209 —BCPD) (250 — B C P D) (48 — H C /DeNovo) (50 — H C /DeNovo) (117— Schools /Parents) (100 — Schools) 17. a. State the numbers of residents from Brooklyn Center only who are served, and describe how these numbers were determined. TOTAL SERVED PROJECTED TOTAL TO BE LAST YEAR SERVED NEXT YEAR 2001= P4 (25 %) 100(25 Data on cases received is entered first by agency referring and then by age of client, offense, and city of residence. Additional client information is categorized and charted (see Exhibit C). b. What percent of the total residents served are from Brooklyn Center? Because youth crime affects an entire city, we believe that 100% of the residents in Brooklyn Center are served by the Peacemaker programs. Approximately 82% of all juvenile referrals in this program are through the Brooklyn Center Police Department and /or Brooklyn Center Schools; and an average • of 25% of all direct services provided are for Brooklyn Center residents (and we are only asking for 12.5% support of our budget!). —4— ORGANIZATION NEED 18. What would be the consequences to your organization of not receiving the amount requested? Juvenile services would be limited and also the student diversion program would be greatly jeopardized due to the need for a two -to -one match of funds from local sources. The following supporting documentation must accompany this application. If any item is not enclosed, please explain why not. r 1. Financial statement for the preceding fiscal year. Attached Exhibit A - Balance Sheet, Statement of Receipts and Expenditures 2. Proposed budget for the upcoming fiscal year. - Y / Attached Exhibit B - 200.3 Proposed Budget 3. Data (backup documentation) substantiating the need for this service in Brooklyn Center. V Attached Exhibits Cand D - Statistics and Letters of Support 4. Proof of nonprofit status. V Exhibit'E - State and federal letters • 5. List of current Board of Directors. - V Attached Exhibit F 6. Job descriptions and resumes of key personnel. V Attached Exhibit G 7. Statistical or other data measuring effectiveness of the organization. V Attached Exhibit H - 2001 Annual Report May 31, 2002 Signature Date Executive Director Title —5— I APPLICATION FOR CONTRACTUAL SERVICES CITY OF BROOKLYN CENTERTr�D (FOR NONPROFIT ORGANIZATION/PROGRAM/AGE3Wj Y 0) 2p42 Date Submitted: Mav 31.2002 V im 3 Z (Application must be received by June 1 for consideration as part of the budget for the following year.) Applicant Organization /Program/Agency Name: 5 Cities Senior Transportation Proiect Address: Citv of Robbinsdale. 4100 Lakeview Avenue North City, State, Zip: Robbinsdale. MN 55422 Phone Number: 763 -531 -1278 Ext. 433 Contact Person: Rita DeBruvn. MSW. Senior Proeram Coordinator PROGRAM OVERVIEW 1. Generally describe the organization, including its mission, date established, services, and goals. • See Contract. 2. Explain the areas of expertise of the organization, including a description of the range of staff capability. See Contract. 3. Describe the target group for g gr p services of the organization. See Contract. 4. Describe how the organization is marketed, and to what geographical and demographical areas. See Contract. • 5. Discuss the methodology employed in measuring the effectiveness of the organization. • See Contract. BUDGET Current Budget Yr. Requested Year - Actual Budget Year DOLLAR AMOUNT REQUESTED FROM CITY $13.804 $14,118 TOTAL ORGANIZATION BUDGET $109,725* $104,950 ** *Includes Volunteer Time - $7,180 in budget as required by West Metro Coordinated Transportation * *Does not include Volunteer Time in budget CITY AMOUNT AS % OF TOTAL BUDGET 13% 13% % OF TOTAL BUDGET FOR OVERHEAD AND 28% 28% ADMINISTRATION COSTS 6. List specific secured and anticipated sources of contributions available to the applicant. SECURED (S) OR • SOURCE AMOUNT ANTICIPATED (A) City of Brooklyn Center: $14,118.00 A City of Crystal: $14,118.00 A City of Golden Valley: $14,118.00 A City of New Hope: $14,118.00 A City of Robbinsdale: $14,118.00 A City of Robbinsdale In -kind Contribution: $9,300.00 A Senior Community Services In -kind Contribution: $1,160.00 A Rider Donations: $17,400.00 A Title IIIB $6,500.00 A Volunteer Time $7,180.00 A 7. List all other funding organizations explored and the outcome. • See Contract. 8. List in -kind items requested from the City. • See Contract. 9. Describe use of all in -kind contributions, and include estimated value of each in -kind contribution: See Contract. 10. a. Describe use of volunteers. See Contract b. Describe how the use of volunteers affects or reduces your budget. See Contract. • 11. Describe any proposed use of funds to be received from the City of Brooklyn Center to pay wages, salaries, or benefits of employees of your organization. See Contract. COMMUNITY NEED 12. Explain the community need for the proposed service. See Contract. 13. Explain the community benefits including what you do for groups with special needs in the proposed service (if applicable). See Contract. • 14. Describe how Brooklyn Center benefits from the services provided. See Contract. • 15. a. Discuss possible alternative sources for those services available within the community. See Contract. b. Describe why those alternative services are not fulfilling the current need. See Contract. 16. State the total number of people from all communities who participate or receive direct benefits, and describe how these numbers were determined. PROJECTED TOTAL TOTAL SERVED TO BE SERVED • LAST YEAR NEXT YEAR Persons Served 747 745 One way Rides 13,166 13,100 17. a. State the numbers of residents from Brooklyn Center only who are served and describe how these numbers were determined. PROJECTED TOTAL TOTAL SERVED TO BE SERVED LAST YEAR NEXT YEAR Persons Served: 106 105 One way Rides 2,634 2,650 b. What percent of the total residents served are from Brooklyn Center? Persons served from Brooklyn Center: 14% One way Rides from Brooklyn Center: 20% • ORGANIZATION NEED 18. What would be the consequences to your organization of not receiving the amount • requested? See Contract. The following supporting documentation must accompany this application. If any item is not enclosed, please explain why not. 1. Financial statement for the preceding fiscal year. 2. Proposed budget for the upcoming fiscal year. 3. Data (backup documentation) substantiating the need for this service in Brooklyn Center. 4. Proof of nonprofit status. 5. List of current Board of Directors. Michael J. McCauley, City Manager, City of Brooklyn Center • Anne Norris, City Manager, City of Crystal Dan Donahue, City Manager, City of New Hope William Joynes, City Manager, City of Golden Valley Marcia Glick, City Manager, City of Robbinsdale 6. Job descriptions and resumes of key personnel. 7. Statistical or other data measuring effectiveness of the organization. Signatu Date S�hca�Q.- oaro+� ( 00 X8.1-%` 0;' Title • Five Cities Senior Transportation Project Final Fin4,nc:kA , Report 20.01 . A B. C. D. COST CATEGORIES TOTAL TITLE IIIB $ MATCH ersonnel (itemize) Program Coordinator 14,276 14276 Fringe Benefits 3,140 3,140 Office Clerk. 6,161 6,161 Office Clerk Fringe Benefits 895 895 Office Support (Rob in Kind) 8,400 8,400 �ubtotal Personnel: 32.872 32,872 ravel (Staff mileage only)* (SC;S to Kind) 885 . ` I 888 uildin9 Space I + I 1 1.200 ommunications (telephone) i u nno - I rinting /Supplies/Postage 4 . 4n 9 I I -- 4 �n9 nt/Depreciation 2 n n I 9nn then. temize) ;ontracted Bussing 48,572 19,559 29,013 IMCIT Insurance 1,555 1,555 lolunteer Appreciation 250 250 ubtotal Other: 50-377 _ 30',818 )TAL EXPENDITURES 9n 946 1 9 , 55q 71,38 , SSENGER DONATIONS (subtract) ,� n59 - LE IIIB (Total IIIB Expenditure - Donations) F 500 ?rinting: $1,884 Supplies: 381 . e : 2,144 Co' $4,409 2003 TOTAL Program Expenses AGENCY NAME F; ATP (' t S Senior Transportation A. B. C. D. COST CATEGORIES TOTAL TITLE IIIB $ MATCH Personnel (Itemize) Program Coordinator 15 15,146 Fringe Benefits 4 4,544 Office Clerk 7,800 7,800 Office Support (Robbinsdale in 9,300 9,300 Kind) Volunteer Time 7,180 (Title III Requests Dollar Value) Subtotal Personnel: _ �6 7qn �6 _ 790 - I 1.160 I I .. -. 1-16n Building Space _ 1 Communications (telephone) Printing /Supplies /Postage I 6 7 5 I ( 1 Equipment/Depreciation 24O _ 200 Other: (Itemize) LMCIT Insurance 2 2,500 Contracted Bussing 55 ; 500 23,900 31 ; 600 Volunteer Recognition 275 275 Subtotal Other: 98 775 34,375 TOTAL EXPENDITURES 104.950 1) a n 3, Q 81,0 PAONGER DONATIONS (subtract) 17.400 Tll LE IIIB (Total IIIB Expenditures - Donations) 6 • • e FIVE CITIES TRANSPORTATION PROJECT 2001 RIDER SUMMARY City One Way Persons Served New Persons Hour Riders Served Robbinsdale 3,718 208 112 312 Crystal 1,396 81 36 532 (Crystal /New Hope) New Hope 1,740 119 33 Golden Valley 1,430 159 61 265 Brooklyn Center 1,630 77 43 .. 352 Home: Robbinsdale 1,066 35 .8 Total: 1,461 Home: Crystal, 584 14 1 Home: Brooklyn Center 1,004 29 4 Home: Golden Valley 398 15 6 Home: New Hope 2'00 '10 8 Total: 13,166 747 312 ANNUAL COMPARISON 2001 20'00 1999 1998 1997 1996 1995 PERSONS - SERVED 747 637 653 657 696 662 793 ONE -WAY 'TRIPS 13,166. 12,272 12,418 12,578 13,146 12,628 12,252 1 -8 -02 AIPPLICATION FOR CONTRACTUAL SERVICES • CITY OF BROOKLYN CENTER (FOR NONPROFIT ORGANIZATION /PROGRAM /AGENCY) Date Submitted- May 30, 2002 (Application must be received by June 1 for consideration as part of the budget for the following year.) Applicant Organization/Program /Agency Name: Northwest Hennepin Human Services Council Address- 7601 Kentucky Ave. N, Ste. 101 City, State, Zip- Brooklyn Park, MN 55428 Phone Number- 763- 493 -2802 Contact Person: Kathleen J. Roach PROGRAM OVERVIEW 1. Generally describe the organization, including its mission, date established, services, and • goals. See Contract 2. Explain the areas of expertise of the organization, including a description of the range of staff capability. See Contract 3. Describe the target group for services of the organization. See Contract i i • 4. Describe how,the organization is marketed, and to what geographical and demographical areas. See Contract 5. Discuss the methodology employed in measuring the effectiveness of the organization. See Contract BUDGET Current Budget Yr. Requested Year — Actual Budget Year DOLLAR AMOUNT REQUESTED FROM CITY $ 111,777 $-- • TOTAL ORGANIZATION BUDGET $ 1,026,186 $ 1,100,000 CITY AMOUNT AS % OF TOTAL BUDGET 1.83 % 1.7 % % OF TOTAL BUDGET FOR OVERHEAD AND ADMINISTRATION COSTS 68 % 68 % 6. List specific secured and anticipated sources of contributions available to the applicant. - SECURED (S) OR SOURCE AMOUNT ANTICIPATED (A) Hennepin County 42.7,850 (S) Municipalities 149,409 (S) United Way 62,000 (S) Miscellaneous 386,927 (S) 7. List all other funding organizations explored and the outcome. • See Contract 8. List in -kind items requested from the City. • See Contract 9. Describe use of all in -kind contributions, and include estimated value of each in -kind contribution. See Contract 10. a. Describe use of volunteers. See Contract b. Describe how the use of volunteers affects or reduces your budget. • See Contract 11. Describe any proposed use of funds to be received from the City of Brooklyn Center to pay wages, salaries, or benefits of employees of your organization. See Contract CONIMIMTY NEED 12. Explain the community ommunity need for the ro osed service. F P See Contract 13. Explain the community benefits including what you do for groups with special needs in the proposed service (if applicable). See Contract • 14. Describe how Brooklyn Center benefits from the services provided. • See Contra ct 15. a. Discuss possible alternative sources for those services available within the community. See Contract b. Describe why those alternative services are not fulfilling the current needs. See Contract 16. State the total numbers of people from all communities who participate or receive direct benefits, and describe how these numbers were determined. Because the agency is a research, planning and coordinating agency, most of our activities are indirect in nature. PROJECTED TOTAL • TOTAL SERVED TO BE SERVED LAST YEAR NEXT YEAR Direct Services represent only a small percentage of the agency's functions. 17. a. State the numbers of residents from Brooklyn Center only who are served, and describe how these numbers were determined. The NW FSC has a family resource center located in Brooklyn Center. The Center serves hundreds of Brooklyn Center residents. NWHHSC serves clients indirectly through the Emergency Services Program and the Welfare to Work Initiative. The total residents served by these two programs is 200 residents. PROJECTED TOTAL TOTAL SERVED TO BE SERVED LAST YEAR NEXT YEAR *The Community at large *The Community at Large *Direct Services -200+ *Direct Services -200+ b. What percent of the total residents served are from Brooklyn Center? • 1000 of the funding from Brooklyn Center goes towards Brooklyn Center residents. A ORGANIZATION NEED • 18. What would be the consequences to your organization of not q receiving the amount requested? a See attached document on NWHHSC Contributions to the City of Brooklyn Center. The following supporting documentation must accompany this application. If any item is not enclosed, please explain why not. 1. Financial statement for the preceding fiscal year. 2001 Budget 2002 Budget 2. Proposed budget for the upcoming fiscal year. 3. Data (backup documentation) substantiating the need for this service in Brooklyn Center. NWHHSC Contributions - -see attached 4. Proof of nonprofit status: Attached 5. List of current Board of Directors. Attached 6. Job descriptions and resumes of key personnel. Attached 7. Statistical or other data measuring effectiveness of the organization. Annual Report Signature Date Title oolicv /aDpiict.wpd -5- APPLICATION FOR CONTRACTUAL SERVICES • CITY OF BROOKLYN CENTER (FOR NONPROFIT ORGANIZATION /PROGRAM AGENCY Date Submitted: May 24 2002 (Application must be received by June 1 for consideration as part of the budget for the following year.) Applicant Organization /Program /Agency Name: North Hennepin Mediation Proaram Inc. Address: 3300 County Road Lo auk212 City, State, Zip: Brooklvn C nter MN 55429 Phone Number: 763 561 -0033 Contact Person: Beth Bailev - Allen. Executive Director PROGRAM OVERVIEW 1. Generally describe the organization, including its mission, date established, services, and goals. North Hennepin Mediation Program Inc. (NHMP) is a nonprofit volunteer -based community dispute resolution program established in Brooklyn Center in 1983. Since its inception, NHMP has operated out of the belief that individuals can often resolve their own disputes in a peaceful and respectful manner with a • little help from trained mediators. Mediation is a convenient and effective alternative to resolving disputes that might otherwise land on the desks of city staff or council, in the courts, or with the police. In addition, mediation is an alternative for those who would otherwise endure a stressful situation or worse, allow the conflict to escalate into violence. 2. Explain the areas of expertise of the organization, including a description of the range of staff capability. Over the past 19 years of providing services to Brooklyn Center, the needs, the demographics, and attitudes toward mediation has changed. While holding to its mission of building more peaceful communities and families, the services of NHMP continue to evolve. For example, in March 2002, NHMP launched a pre - filing mediation program aimed at reducing conflict and enhancing housing stability in rental units. Because we have developed a track record as an established and effective service provider, we are able to collaborate with a broad range of partners in order to provide this program. We're excited about being able to provide this unique service to residents and business owners in Brooklyn Center. The Executive Director, Beth Bailey - Allen, who grew up in Brooklyn Center, has been a mediator with North Hennepin Mediation Program since 1994. She has a MA degree with an emphasis in Conflict Resolution, emphasizing conflicts inherent in land -use decisions. In addition, she received a mini -MBA in nonprofit management from St. Thomas. The Community Liaison, Janet Mauer, joined our staff in 1998 after retiring from teaching at Brooklyn Center High School. In addition to 15 years experience mediating for NHMP, she is skilled in curriculum development and teaching to all ages. Our Program Manager will be introduced to the community in June, and our Case Developer, Sandra Moberg Walls, owns and manages her own court- related business, and is trained in community mediation, family mediation, and restorative group conferencing. As a volunteer -based organization, 1 full -time and 3 part - time staff represent a small part of NHMP's workforce. Approximately 70 community volunteers provide mediation services, outreach, and Board leadership for NHMP. 3. Describe the target group for services of the organization. • NHMP's services are accessible to anyone who lives or works in northern or western Hennepin County. Since conflict can affect anyone, our services are available to all regardless of ethnic background, age, religion, income or sexual orientation. 4. Describe how the organization is marketed, and to what geographical and demographical areas. • NHMP services are marketed to the northern and western areas of Hennepin County. As a way of recognizing differing levels of support from different municipalities, we provide different levels of, marketing to different areas. Our marketing efforts take many forms. We keep in close contact with our referral sources including police, city staff, schools, Operation de Novo, lawyers, courts and community agencies. We give presentations to a wide audience and keep referral sources informed about the outcome of cases. We publish articles in local newspapers and newsletters. Our posters and brochures are displayed in public places, and we advertise in the yellow pages. We have booths at various events. We speak to schools, landlord associations, faith communities, professional associations, Chambers, city councils, police departments, city staff, and local Cable TV stations. We constantly work on letting people know about the benefits of mediation and the use of NHMP as a resource for solving problems. 5. Discuss the methodology employed in measuring the effectiveness of the organization. In accordance with state guidelines, we keep statistics on the outcome of mediations, and the demographics of participants (on -site cases). We also make follow up calls to clients to determine compliance with mediated settlements. Co- mediators evaluate one another to make sure that the highest standards of mediation excellence prevail in our program. In 2002 and 2003, NHMP will be reviewing methodologies and measurements of impact in accordance with best practices of our field. BUDGET Current Budget Yr. Requested Year - -- Actual BudoetYear DOLLAR AMOUNT REQUESTED FROM CITY $ 4.000.00 $ 4.000.00 TOTAL ORGANIZATION BUDGET $180.000* $ 174.000* • CITY AMOUNT AS % OF BUDGET $ 2.2°° $ 2.3 (FYI —This is a reduction from 2.9% in 2000 and 2.6% in 2001) % OF TOTAL BUDGET FOR OVERHEAD AND ADMINISTRATION COSTS $ 20% $ 200/6 * Not including the value of donated volunteer hours — the biggest source of "revenue" in our budget. 6. List specific secured and anticipated sources of contributions available to the applicant. SOURCE AMOUNT SECURED(S) /ANTICIPATED(A) State — DOC, Supreme Court, $43,630 Secured through FY 2003 Crime Victim Services Courts (Hennepin Cty thru $39,000 S through FY03 June, State - July — Dec.) Municipalities $30,000 A - Based on current budqet Foundations $37,670 A - Based on current budqet Board of Directors $18,000 A - Based on current budqet Orqanizations $3500 A - Based on current budget Post - Divorce Fees $1,200 A- Based on current budget Interest $1,000 A- Based on current budqet TOTAL 1.$174,000 7. List all other funding organizations explored and the outcome. In the past year, NHMP has responded to community need by expanding services offered and communities serviced primarily through volunteer hours, but also by expanding and diversifying sources of revenue. As part of our long -term sustainability strategy, NHMP has recently expanded municipal and local private sources of funding. These funds are especially critical to NHMP since foundations and state agencies are willing to • match them. In addition, we began collaborating with other organizations in order to share expenses in the areas of technology and training. Collaborating not only make our resources stretch farther, but also makes NHMP more attractive to foundation funding. i 8. List in -kind items requested from the City. • Space for holding mediator training or mediation sessions. • Opportunities to educate community /recruit volunteers through releases in City Watch. • Opportunities to educate Council and Staff through briefings, link to website (to debut in 2003) • Assistance in recognizing contributions of volunteers from Brooklyn Center • Assistance in recognizing Brooklyn Center's role in NHMP as we celebrate our 20" Anniversary 9. Describe use of all in -kind contributions; include estimated value of each in -kind contribution. Volunteer hours (see #10) $200,000+ Mailings, Graphic design $1,000 5 Used Computers /Accessories $3000.00 Annual Audit $3,000 1 new computer system $5,000.00 Computer training $2,600 Facility use for trainings /mediations $2,000.00 Annual Audit $3,000.00 Technical assistance $2,000.00 10. a. Describe use of volunteers. Volunteers continue to be the backbone of our organization. We currently have 52 mediators, many with over 5 years experience, and 9 board members. In addition, volunteers staff our development, finance, nominating, planning, and personnel committees. In 2001, these volunteers contributed over 6500 hours to the program, (more hours than staff). Mediations alone valued at $125 /hour equal over $200,000. b. Describe how the use of volunteers affects or reduces your budget. Private mediators charge a substantial fee for their services. If we had to pay mediators to serve our clients, our budget would more than double. Because of all the work done by volunteers, we are able to manage with on one full -time and three part-time paid staff. 11. Describe any proposed use of funds to be received from the City of Brooklyn Center to pay wages, salaries, or benefits of employees of your organization. • Funding from the City of Brooklyn Center is matched by three different agencies and contributes to operating expenses such as rent, phone, postage, supplies, and printing. COMMUNITY NEED 12. Explain the community need for the proposed service. Inevitably, conflict creates stress which reduces our ability to see things from another's perspective, to communicate respectfully, or to problem -solve creatively -- just when we need those abilities the most to resolve conflict. Because of the potentially destructive consequences, it is as important as ever to offer people a peaceful way of settling (and owning) disputes, and to identify and reduce the barriers that prevent people from taking a proactive approach to conflict. Learning to deal with conflict in a constructive way is an art that can be learned and applied to a variety of situations. Mediation empowers people to resolve their own disputes and gives them tools and options for handling future disputes. The community needs a way to help people handle their own disputes in order to free city and police personnel to handle other matters requiring their particular expertise, and to promote respectful communities. As the City faces the prospect of trying to respond to concerns and calls from residents with fewer resources, NHMP is willing to meet with staff and police officers to brief them on what kinds of cases can be referred and how best to make those referrals. Municipalities who take advantage p ad an ge of this offer are generally the ones that benefit the most from NHMP's services. 13. Explain the community benefits including what you do for groups with special needs in the proposed service (if applicable). When people are able to settle disputes without violence, the whole community benefits. The disputants gain a sense of self worth from being able to resolve a problem in terms acceptable to them. Services such as our new pre- filing mediation program, our continuing visitation mediation, and neighbor- neighbor mediation promote stability within families and neighborhoods. The demographics of our communities are changing. NHMP is . interested in working with immigrant populations to develop mediation services that are more culturally acceptable /effective than court/police alternatives. NHMP is on the bus line, is wheel chair accessible, and is willing to mediate off -site and at times convenient to the parties. We have had interpreters for hearing impaired disputants and also for people who speak another language. In order to train volunteers representative of the • community, we ask to be compensated for training costs in hours donated rather than fees. 14. Describe how Brooklyn Center benefits from the services provided. . As explained in number 12, Brooklyn Center benefits when its residents have a respectful, confidential, and efficient means to resolve a wide variety of conflicts. Through our Community Liaison and Volunteer Ambassadors, we make community education, outreach, and community networking an important component of our overall services. Finally, over the years, NHMP has trained hundreds of mediators with significant representation from Brooklyn Center. Although the obvious benefit of providing services through volunteers is financial, there is also an added benefit for the community. As NHMP volunteers receive training and gain experience, they begin to see the positive potential of conflict. This enlightened attitude and new skills spill over into and benefit the communities in which they live and work. 15.a. Discuss possible alternative sources for those services available within the community. We are the only community- based, state - certified, nonprofit organization offering mediation services to the community. The most prevalent alternative is the path of no action, allowing the conflict to escalate to a point where the City, the Police or the staff must intervene. b. Describe why those alternative services are not fulfilling the current needs. The majority of our clients cannot afford a fee. Our no cost to client services eliminates a big stumbling block to trying mediation. Because we have 55 mediators, we can match .mediators to client needs. Because we use the co- mediator model, we can supply mediators that meet the needs of both sides in a dispute, i.e. male /female, detail oriented mediators match with "feeling" people etc. Because we have been in the community since 1983, we have developed a rapport with state, county and city entities. Our integrity is well known throughout the area. We have developed a varied and consistent source for referrals, menu of services, and sources of funding. 16. State the total numbers of people from all communities who participate or receive direct • benefits, and describe how these numbers were determined. PROJECTED TOTAL TOTAL SERVED TO BE SERVED LAST YEAR NEXT YEAR 5,000+ 5,500+ The total number of people served in 2001 comes directly from our state required statistics and includes not only those who mediated, but also those who called for information and /or referral to appropriate agencies, and those who received outreach /education services. 17 a. State the number of residents from Brooklyn Center only who are served, and describe how these numbers were determined. PROJECTED TOTAL TOTAL SERVED TO BE SERVED LAST YEAR NEXT YEAR 257 in mediations alone, est.300 total 325 In 2001, 257 Brooklyn Center residents were served through mediation services, as reported on intake /mediation forms. The rest were served through information referrals, booths, presentations, and conflict resolution training. The projected number is based upon past experience and trends in mediation. b. What percent of the total residents served are from Brooklyn Center? In 2000, 7% of our cases involved Brooklyn Center residents. Brooklyn Center provided 2.6% of our budget covering those cases. Brooklyn Center residents served could be substantially increased as we add new services such as the pre - filing housing mediation and promote neighbor- neighbor mediation. ORGANIZATION NEED • 18.What would be the consequences to your organization of not receiving the amount requested? More than any other source of funding, we are able to leverage local private and municipal funding to obtain State and Foundation funds. In other words, each dollar of municipal funding is matched several times over by other funding sources. In addition, each dollar in our budget is matched by in -kind contributions, such as volunteer services. We are in a challenging position of seeing an increase in demand for services in the midst of difficult economic times. As a result, we have decided to be very intentional about linking financial support and services provided. For example, even though we wont turn people away who live in municipalities who choose not to be partner financially, the odds of them turning to us are very low in comparison to residents and businesses in municipalities who do provide financial support. The people we serve are either referred to us by referral sources with whom we've worked out referral procedures, or come to us because they read about us in the paper or heard about us at a school fair or some type of community presentation. Because Brooklyn Center is a financial partner, we offerthe following ways of reaching individuals who work or live in Brooklyn Center: a) meet with police department personnel annually to review types of cases that can be referred and referral procedures; b) meet with City staff to review referral opportunities and procedures; c) meet with Brooklyn Center apartment managers and tenants to discuss stabilizing rental and neighbor relations through mediation; d) present conflict prevention and resolution techniques to children in the classroom or at local school /community fairs; e) identify and reach underserved populations who we don't reach through traditional referral agencies; f) provide presentations to Brooklyn Center organizations and faith communities through our new Ambassador Program; g) provide, periodic news releases to area publications describing the benefits of, and how to initiate a mediation; continue to network with other agencies and organizations serving Brooklyn Center (NHMP currently has representation on The Brooklyn Center Rotary, Brooklyn Chamber, B.C. Advisory Board, and NWH Family Services Collaborative.); and h) continue to provide initial and ongoing training to the many residents of Brooklyn Center who serve as volunteer mediators and Board members for NHMP. • Finally, North Hennepin Mediation Program, formerly Brooklyn Center Mediation Project, is looking forward to celebrating 20 years of serving the community in 2003. Twenty years ago a group of Brooklyn Center leaders had a vision of making Brooklyn Center a better place to live and work by providing a respectful and community - building alternative to court and police involvement. It was Brooklyn Center residents who implemented that vision and sustained the organization. To this day, this proactive community plays an important role in the success and identity of the Mediation Program. As we celebrate our 20" Anniversary in 2003, NHMP would like to recognize the past partnership with Brooklyn Center and take steps to strengthen that partnership for the next 20 years. The following supporting documentation must accompany this application. If any item is not enclosed, please explain why not. 1. Financial statement for the preceding fiscal year. 2. Proposed budget for the upcoming fiscal year. 3. Data (backup documentation) substantiating the need for this service in Brooklyn Center. 4. Proof of nonprofit status. 5. List of current Board of Directors. 6. Job descriptions and resumes of key personnel. 7. Statistical or other data measuring effectiveness of the organization. Si ature Date • Executive Director Title APPLICATION FOR CONTRACTURAL SERVICES • CITY OF BROOKLYN CENTER (FOR NONPROFIT ORGANIZATION /PROGRAM /AGENCY) Date submitted June 1. 2001 (Application must be received by June 1 st for consideration as part of the budget for the following year.) Applicant Organization /Program /Agency Name: PRISM (People Respondina in social Ministrv) Address: 2323 Zenith Avenue North City, State, Zipcode: Golden Valley, MN. 55422 Phone Number: 763.529.1350 Contact Person: Elizabeth M. Johnson PROGRAM OVERVIEW 1. Generally describe the organization, including its mission, date established, services, and goals. People Responding in Social Ministry, (PRISM) began in the early 1970's as Social Action • Center and was incorporated in 1983 as a non - profit 501 (C) (3). PRISM is the primary emergency and support service agency for families living in Golden Valley, portions of Crystal, New Hope, and Robbinsdale, the eastern half of Plymouth (east of #494), and Brooklyn Center (PRISM Express Transportation only). Currently, PRISM has a support base of individuals, organizations, local city governments, civic groups, foundations, businesses, and 18 member churches. See attached copy of ad in Sun Newspapers Who's Who section dated March 27, 2002. The mission of PRISM is to walk alongside fami lies by providing support -based programs that encourage self - sufficiency. Families needing PRISM services are referred through Hennepin County, United Way — First Call For Help, Second Harvest, Emergency Food Shelf Network, crisis help lines, churches, employers, landlords, other families in our programs, and various other helping agencies. In 1984, PRISM developed the Elder Express Transportation program and in the first year provided 23 rides to seniors with the assistance of 13 volunteer drivers. For the past 18 years PRISM's transportation program has stretched itself in an attempt to meet the transportation needs of an increasing population of independently living seniors. In 2001, PRISM Express (formerly Elder Express) provided 10,751 rides to seniors, 12% (1,279) of these rides were provided to Brooklyn Center residents. This is a 7% increase over the year 2000. 1 Support Services available to Brooklyn Center residents, as well to families living in • Crystal, Golden Valley, New Hope, Plymouth, Robbinsdale, and families in transition: Furniture: PRISM is a member of Bridging Inc. and through this partnership is able to provide families with furniture and household goods. Clients receive beds, tables, couches, dressers and other household items that are needed in setting up a new residency. 2001 Results: 10 Families PRISM Express: (formerly Elder Express) provides rides to any resident living in Brooklyn Center, Crystal, Golden Valley, New Hope, Plymouth, and Robbinsdale unable to meet their transportation needs through public or personal transportation. This program provides transportation to medical and dental appointments; spousal visits to hospitals /nursing homes, volunteer opportunities, and a variety of other personal errands. PRISM does not charge for this service, but suggests a $5 donation per round trip to help cover some of the costs. No one is denied a ride they are unable to make a donation. PRISM Express has increased steadily since 1997 when we provided an average of 650 rides a month. Statistics continue to show that 75% of these riders' incomes are well below the poverty line, and 70% of the riders are age 80 and older. This service supports older, poorer seniors in their efforts to live with a sense of independence. A staff of five part-time drivers, 15 -20 volunteer drivers, and a part -time PRISM Express Manger supports PRISM Express Transportation. • 2001 Results: 7,635 Medical 1,203 Personal errands 895 Visits for spouses in nursing /hospital 1,018 Volunteering /Education /Social 10,751 Total Rides Clothina: The Thrift Shop is coordinated and maintained by volunteers who ensure the shop is stocked with quality clothing for the entire family. PRISM's Thrift Shop charges very nominal prices ($3 per bag) for clothing giving the customer an opportunity to provide quality clothing for their family while maintaining a sense of dignity. 100% of the revenue generated through sales is used to provide grants for families in need of financial help. Emergency "free" clothing continues to be available to families on a case -by -case basis. Winter coats and gloves are provided free of charge. 2001 Results: 802 Family serves Career Shop: In 2002, PRISM expanded its focus on providing business clothing to employed individuals. PRISM volunteers and staff developed a Career Shop, which is stocked with donations of new products such as nylons, purses, accessories, dress shoes, makeup, and other necessary items for working individuals. The shop also has a large supply of new and gently used business • clothing for men & women. These items are available at no -low cost to the working or soon -to- be working clients through a caseworker referral system. 2 , Protect Familv Car Proqram: • PRISM provides reliable vehicles to qualifying families enabling them to maintain a job, get their children to and from daycare, attend their children's school activities, and meet other necessary transportation needs. The family purchases a vehicle, which has been donated to PRISM, through monthly payments at 0% interest. PRISM offers families practical car maintenance skills to troubleshoot potential repairs. PRISM also educates and nurtures positive financial money management for families to support further development of self - sufficiency skills. 2001 Resul 26 Current loans 21 Loans paid in full 50 Vehicles donated 90% Payback Rate Emergency Assistance Services available to families living in Crystal, Golden Valley, New Hope, Plymouth, Robbinsdale, and families in transition: Homelessness Prevention Proqram: PRISM's Homelessness Prevention Program is executed through an application process. The families requesting emergency funds fill out an application and make an appointment with the caseworker. The caseworker assigned to the family investigates the information provided. PRISM must verify that the family does not qualify for emergency assistance funding through other government or private sources. The following criteria must be met before the loan is approved: • Family must be in good standing with their landlord or mortgage company. • Payment plans must be attempted. • Family must be in a position to pay the next payment by the due date stated. • With the help of PRISM staff, family must develop an action plan to stabilize the financial situation in the family. 2001 Results: 245 Individuals 86 Families $654 = Average loan amt. Emergency Food Shelf; Emergency food bags provide a 10 -15 day supply of food for a family. This food supply consists of bread, fresh fruits and vegetables, milk, frozen meats and juices, and non - perishable foods. PRISM's food shelf has been restructured to provide a grocery store atmosphere in which families choose their own food products. This dignified manner of providing food to families has proven to better utilize our limited resources, while providing higher quality and quantity to families in need. 2001 Results: 5,884 Individual serves 2,024 Family serves 37 Average pounds per individual HLIFE Scholarship Proqram: This program is designed for low- income families desiring a self - supporting life through post- secondary education and career training. PRISM awards 4 to 8 scholarships annually, 3 'dependent on available funds. Scholarships provide grants to individuals for school related • expenses such as day care, books, transportation costs to and from college, etc. 2009 Results: 4 college students $1500 awarded Special Event/Holidav Proqrams: 2009 Results: PRISM provides support to families to ensure they have the opportunity to enjoy family celebrations during special times of the year: ➢ December holiday food baskets 264 Families served ➢ Toys For Tots Christmas Program 455 Children served ➢ K -Mart Holiday Shopping for Kids (shop for their parents) 52 Children ➢ Thanksgiving food baskets 55 Families served ➢ School Supply Program 264 Children served ➢ Easter Basket Program 95 Children served ➢ Birthday Club 204 Birthday parties supplied Mentorinq Proqram: PRISM piloted a Mentor Program in 2000 -01 to train volunteers to assist our staff with the "walk alongside" model of casework. The training consists of 5 sessions over 5 weeks. The mentors and mentees are matched by PRISM staff and are expected to meet at least once, but not to exceed three times a month. Mentors attend monthly check -in meetings with PRISM staff. This program requires a one -year commitment from the mentor volunteers. • 2001 Results: 3 matches Emplovment & Financial Budqetinq Counselinq: Throughout PRISM's programming our staff work with job placement services, job - counseling services, and professional budget counselors to provide "free" support to the PRISM families needing advice and guidance in these areas. Job retention and future financial planning are vital in helping families to become self - supporting. 2001 Results: 62 Families— Budgeting 2001 Results: 25 Individuals — Employment Demographics of families PRISM serves: Income Organization Less than 50% of area median income 95% Between 50% - 80% of area median 5% income Between 80% - 100% of area median 0% income More than 100% of area median income 0 % Total 100% 4 Ethnicity Organization • American - Indian or Alaskan Native 2% Asian or Pacific Islander 1 % Hispanic 3% White, not of Hispanic origin 46% Black, not of Hispanic origin 34% Other (specify): Russian 14% Total 100% Gender Organization Serve female population 62% Serve male population 38 % Total 100% Age Organization 0 -17 years old 43% 18 -64 years old 39% 65 -older 18% Total 100% PRISM's organizational goals include: ➢ Creating a future where all people have the opportunity to have their needs met; • ➢ Providing quality, innovative, measurable programs that meet our clients needs ➢ Commitment to walk alongside every client we serve on his or her journey toward healthy self- reliance. Objectives for 2002 -03: • Revenue - Generating Programs — • PRISM Express — PRISM secured funding of $54,000 in monthly allocations to cover a portion of our deficit in this transportation program for 2002. In turn, PRISM Express will become a Dial -A -Ride for the cities of Golden Valley, New Hope, Crystal, Robbinsdale, eastern Plymouth, and Brooklyn Center to help the cities further address their transportation concerns for low- income families. • Project Family Car (PFC) — PRISM secured its broker's license enabling PRISM to maximize each vehicle donated to the program. This license allows PRISM to send to auction vehicles that are deemed unsuitable for the families in the PFC program. The repayment of loans from the families served, the auctioned vehicles, and a small percentage of grant support will develop this program into a self - supporting program by the end of 2002. • Mechanic's Program — PRISM is currently developing a business Dlan for "On the • Road Again," program designed to provide low cost vehicle repairs for families who are working for low wages. If implemented this program will be designed to offer 5 0% payment plans to ensure the continued employment of the family in need of the • vehicle repair in cases where without the payment option the family could not afford to keep their vehicle in working order. This program is an extension of PRISM's Project Family Car program and will be available for families living in Hennepin County who are referred by their community agency (example: CEAP in Brooklyn Center) or by Hennepin County emergency providers. Development of Fund Raising Department —There is a constant struggle between the time families need with our staff and the time PRISM can afford, thus we are constantly seeking new funding sources to continue providing the kind of service the families actually need. Development of Systematic Evaluation Process: - PRISM is focused on evaluating programming to ensure resources are being appropriately distributed amongst successful programs. The volunteers involved in the Measurement Team developed this system. The volunteer group, along with PRISM staff will perform on -going check -ups on data collected throughout 2002. The successful gathering and analysis of data will allow PRISM to document that we are making the best use of limited resources. 2. Explain the areas of expertise of the organization, including a description of the range of staff capability. Staffing structural change: In January of 2002, PRISM restructured its staff into a Management Team. The position of Director of Programs was eliminated and the current department managers were placed on a team to empower their role in developing their own • department as well as working together to advance PRISM's work as a whole. This change allowed PRISM to stretch its resources and energize its staff to take more ownership and responsible for the successful working of their department. The Management Team consists of the managers from PRISM's Project Family Car, PRISM Express, Volunteer Relations & Resources, and the Family Services department food financial assistance and holiday department ( food, y programs). This team of managers meet regularly with the Executive Director to discuss and implement policy and program improvements. Elizabeth Johnson, PRISM's Executive Director Elizabeth joined PRISM in November of 1995, and has held several positions at the agency during the past 6 years. In May of 1997, Elizabeth graduated with a degree in Social Work with an emphasis in Business Administration from the University of St. Thomas. November 15, 1997, Elizabeth was named PRISM's Executive Director. In April 1999, Elizabeth made the decision to return to her passion of program development and client work. During this time, the program staff was expanded and more comprehensive work with families was pursued. In August of 2001, PRISM Board of Directors once again asked Elizabeth to take on the leadership role of its Executive Director. Debi Copenhaver, PRISM's Project Family Car Manager Debi comes to PRISM from Feed My Children International where she was the Fundraising, Volunteer & Public Relations Administrator. Debi has extensive management background, excellent computer skills, and a deep compassion for people. Debi is responsible for the • daily management and interaction with vehicle donors, PFC participants, mechanics, and auction personnel. 6 Patrick Rowan, PRISM Express Manager • Pat has management experience through Honeywell & Fund For Public Interest Research corporations. Pat has managed large teams of people in fundraising campaigns while handling the administrative responsibilities associated with the campaigns. Pat is responsible for managing and creating ride schedules for 5 part-time paid drivers and 15 volunteer drivers, communicating with riders for transportation requests and concerns, implementing vehicle maintenance, and presenting the PRISM Express program to donors. Angela Cowan, Family Services Manager Angela has a degree in Social Work and extensive training in a variety of social service agencies. Most recently Angela worked at Ramsey County Community Corrections. Angela also holds various leadership positions within her church. She is compassionate and disciplined in her goal setting work with families. Angela is responsible for managing the relationship with landlords, working with the caseworker to ensure families are being attended to on a daily basis, and organizing holiday programs. Margaret M. McGuckion — Volunteer Relations / Resource Manager Margaret has an extensive knowledge of and has been instrumental in developing programs in social services in the Metro area. Margaret received her Bachelor of Science degree from the University of Minnesota, a Mini Masters from St. Thomas University, and still in progress Master of Arts in Leadership at Augsburg College. Her network connections have been a valuable asset to PRISM's expansion of donated products for families. Her people skills and passion for her work have nearly doubled PRISM's volunteer base since she began her "new" role as Volunteer / Resource Manager January 2002. • 3. Describe the target group for services g g p se ices of the organization. Low to moderate - income families, elderly and those with disabilities 4. Describe how the organization is marketed, and to what geographical and demographical areas. PRISM has been in existence since 1972, and, in the same location since 1994. Consistency in our mission and services has lead to our visibility in the communities we serve. In addition, we have 18 member congregations and six cities referring families to us. In 2002, PRISM has been fortunate to be able to take a more aggressive approach to marketing our services due to the development of the following team of volunteers: Marketing Team — Volunteers consisting of a retired salesperson, a Vice President of Marketing, a realtor, an employee of a public relations firm, a promotional consultant and writer, and volunteers with computer graphic design skills. This group of volunteers is working together with PRISM staff to increase awareness of PRISM's work in the community to inform potential families with need of PRISM's services, as well as potential funding sources. PRISM focuses its marketing energy in the following communities we serve: Brooklyn Center . (Elder Express), Crystal, Golden Valley, New Hope, Robbinsdale and eastern Plymouth. 7 i 5. Discuss the methodology employed in measuring the effectiveness of the organization. • The evaluation of PRISM's SM s work is done through gathering of statistical information. The following are tools the PRISM staff, clients, Board of Directors, Church Partner Board, funding entities, and partnering organizations use to analyze our work: i. Financial accounting per program ii. Statistical accounting per program iii. Goal Achievement forms iv. Client Database Reporting v. Volunteer Driven Follow -up Program vi. Client comment cards vii. Client success stories viii. Annual PRISM Express survey of riders. Samples attached from Brooklyn Center riders ix. Internal accountability system These qualitative and quantitative measuring tools enable PRISM to analyze actual data in program evaluation and program development as we prepare our program strategies for 2003. PRISM has also had the opportunity to work together with a group of vol unteers.focused on finding better ways to define and refine our work in the community. Measurement Team — Volunteers consist of a Vice President of Marketing, a CPA & • financial consultant, college instructor, two former PRISM board members, & a business consultant. This group of skilled volunteers began meeting with PRISM's Executive Director and PRISM's Family Services Manger on January 16, 2002 to organize the process of developing and /or identifying the measuring tools to evaluate our programming in a more advanced systematic manner. They will meet periodically throughout 2002 to oversee the gathering and reporting of statistical data. BUDGET Current Budget Yr. Requested Year - Actual Budget Yr. DOLLAR AMOUNT REQUESTED FROM CITY $10,000 $ 11,700 Cash portion - $482,361 $549,895 In -Kind portion - $275,000 $349,495 TOTAL ORGANIZATION BUDGET $ 757.361 $899.390 CITY AMOUNT AS % OF TOTAL BUDGET (Cash) 2% 2% % OF TOTAL BUDGET FOR OVERHEAD AND ADMINISTRATIVE COSTS Administrative: 10% Est. 9% Fund Raising: 7% Est. 6% • Program: 83% Est. 85% 8 6. List specific secured and anticipated sources of contributions available to the applicant. PRISM actively seeks funding from businesses, community organizations, churches, and individuals, as well as organizes several fund raising events throughout the year. The following is a percentage chart of PRISM's revenue sources: Church Support 9% Municipalities 5% Civic Organizations 3% Foundations 9% Corporations 4% Program Revenue 9% Individuals 13% In -Kind Donations 46% Fundraisers 4% (Food, clothing, toys) 7. List all other funding organizations explored and the outcome. PRISM 2002 FOUNDATION /CORPORATION FUNDING Committed/ 2003 Received Reauestina Brooklyn Center $10,000 (PRISM Express) $11,700 City Governments $31,500 $50,000 Plymouth CDBG $4,000 (PRISM Express) $ 5,000 • SciMed $2,000 $ 5,000 Edina Realty Foundation $2,500 $ 4,000 Edina Realty Foundation $3,000 $ 4,000 Met Council $54,000 (PRISM Express) Increase based on 2001 rides FEMA $18,500 Emergency Food Shelf Network $3,700 Onan Family Foundation $6,000 Title IIIB Funding $8,400 (PRISM Express) Xcel Foundation $5,000 WCA Foundation $10,000 Tennant Foundation $2,500 Target Foundation $20,000 US BanCorp Foundation $10,000 General Mills Foundation $10,000 Park Nicollet Foundation $5,000 James R. Thorpe Foundation $5,000 Frenzel Foundation $1,500 Hewitt Foundation $3,000 Burdick Family Foundation $1,000 Elmer Anderson Foundation $3,000 Marbrook Foundation $5,000 • Otto Bremer Foundation $5,000 Whitney Foundation $5,000 Terhuly Foundation $2,000 9 8. List in -kind items requested from q the City. • None 9. Describe use of all in -kind contributions, and include estimated value of each in- kind contribution. Clothing - $ 60,900 (Lbs. valued at $2 per /lb = $121,800 value) Food - $215,500 (Lbs. valued at $1 per /lb) Gifts (toys, supplies) - $ 73.095 (Value) TOTAL $349.495 10. a. Describe use of volunteers. Over the years PRISM has developed a base of more than 100 faithful volunteers who provide their time and energy in many of the following areas: food shelf, clothes closet, receptionist, office assistant, PRISM Express drivers, events, tax preparation, car care clinics, legal advocacy, etc. b. Describe how the use of volunteers affects or reduces your budget. Each year our volunteers donate aDDroximately 10.000 hours of service to PRISM, or the equivalent of 5 full -time employees. This currently saves our budget about $190,800 in salaries and benefits annually. This amount does not include the thousands of dollars PRISM saves by establishing volunteer teams of expertise. The following are examples of these volunteer teams who have given of their time and expertise to advance PRISM's work in the community: Coordinator Team: Three (3) volunteers who manage the food shelf and the clothing distribution by training new volunteers, scheduling volunteer work, overseeing the inventory, and working directly with staff and families using the food and clothing areas. Marketing Team (defined under Question 4) Measurement Team (defined under Question 5) Computer Network Team Volunteers with computer technology experience created and manage PRISM's computer network. Fund Raising Teams Volunteers make up Friends of PRISM, which organizes four (4) fund raising events for PRISM, and the Golf Committee, which organizes the golf outing each year. PRISM could not do its work as efficiently or effectively without the volunteer support we receive from the community. • 10 �I 11. Describe any proposed use of funds to be received from the City of Brooklyn Center to pay wages, salaries, or benefits of employees of your organization. • Program Budget Yr. Requested PRISM Express Year - Actual Budget Yr. Income for Transportation program $ 81,160 $ 94,745 (Income amount includes Brooklyn Center funding) Expense for Transportation Program $119,892 $129,046 TOTAL (Net PRISM Express program Loss) ($38.732) ($34.301) PRISM calculates total wages for 6 part-time department staff (5 drivers, 1 office manager) at 61 % of the total expense. Staff of the PRISM Express program receives no benefits, as they are hired as part-time employees. The remaining 39% of the total budget include vehicle costs, equipment such as uniform and emergency phones, insurance, and program implementation costs. PRISM Express service in Brooklyn Center is averaging 12% from February 2000 to the present. This equals an approximate $15,486 (estimated for 2003) expense to provide service to Brooklyn Center. We are respectfully requesting $11,700 in funding for 2003. This amount is reflective of an anticipated 17% increase in service to Brooklyn Center as we increase our capacity to serve in 2003 through additional buses on the routes two days a week. • COMMUNITY NEED 12. Explain the community need for the proposed service. Since the second half of 1997, PRISM has enjoyed serving Brooklyn Center through our PRISM Express transportation service. According to the U.S. Census 2000, the elderly (65 years +) represent 15.4% (3.1 % increase since 1990) of the population in Brooklyn Center. In addition, a majority of the elderly population we serve are low- income and clearly have a need for our donation -based service. PRISM Express has seen the rate of rides refused increase from —37 per month in 2001 to a refusal rate of 97 rides per month during he first quarter of 2002. During the last quarter in 9 q 9 q 2001, we suggested that seniors needing transportation register a week in advance. Currently, PRISM Express' schedule is often full two to three weeks in advance. PRISM is actively seeking additional funding, which would allow PRISM to begin to meet an additional 62% of the known unmet transportation needs. PRISM Express specializes in addressing transportation requests for seniors that must be met during regular business hours when working family members might be unavailable to transport them. PRISM Express' priority is medical appointments and spousal visits to hospitals and nursing homes and no one is refused a ride for inability pay. �1 13. Explain the community benefits including what you do for groups with special needs in the proposed service (if applicable). • PRISM Express does not actively ely promote providing transportation for those with special needs, however we do regularly do so. We define special needs as a rider with poor eyesight, limited hearing, health limitations, social limitations, and /or uses a walker, wheel chair, cane, or other support device to assist them with mobilization. As a result of the categories PRISM uses to define "special needs," 50.4% of PRISM riders have one or more of the above limitations making it necessary to provide more driver time to assist them during their transportation with our program. 14. Describe how Brooklyn Center benefits from the services needed. In fiscal 2000, PRISM brought 500 non - Brooklyn Center resident riders INTO Brooklyn Center businesses, up from 441 non - Brooklyn Center residents in 1999. Although the 2001 data for these statistic is not available at this time, it is clear that of the 10,751 rides (9,472 non - Brooklyn Center residents) approximately 11 % (based on previous year's records) had destinations to Brooklyn Center medical clinics, dental offices, Brookdale Center, local banks and beauty shops. In 2001, PRISM Express provided transportation services to 174 of Brooklyn Center's elderly population, a 39% increase, up from 125 in the year 2000. PRISM's PRISM Express gives independently living Brooklyn Center seniors a very reliable, • safe, and affordable transportation option. 15. a. Discuss possible alternative sources for those services available within the community. Private transportation services, buses, taxis, and Metro Mobility are each available to Brooklyn Center senior residents. b. Describe why those alternative services are not filling the current needs. Although we believe all transportation services genuinely try to do a professional job, there are differences. The private transportation services and cabs are generally able to come on short notice; however, they are very expensive, in particular, to those on a fixed budget and in the suburban area taxis can be unreliable as well. Metro Mobility, as we understand from our riders, has a reputation of being unreliable, and at times unsafe, for this vulnerable population. The process to access Metro Mobility can take up to 30 days to get into their system once a person registers, and then the rides are difficult to schedule and at times do not materialize. The MTC bus option is difficult for the elderly PRISM serves as they are often going to the doctor for severe health issues, such as dialysis, outpatient radiation, etc. Using the bus system under these circumstances is difficult and can often place them in a vulnerable • position with others that might desire to exploit their situation. 12 16. State the total numbers of people from all communities who participate or receive direct benefits, and describe how these numbers were determined. • PROJECTED TOTAL TOTAL SERVED TO BE SERVED LAST YEAR NEXT YEAR 10,226 (4,090 families) over 13,290 (currently experiencing 30% increase in service requests) This includes all the clients we serve in all case management programs and our PRISM Express riders. PRISM maintains computer records on every case we manage and every ride we provide. 17. a. State the numbers of residents from Brooklvn Center only who are served, and describe how these numbers were determined. PROJECTED TOTAL TOTAL SERVED TO BE SERVED LAST YEAR (2001) NEXT YEAR 174 residents /1,279 rides 242 residents /1496 rides Anticipate a similar rate of increase as in 2001 of new Brooklyn Center residents (38 %) registering with program. • Anticipate a 17% increase in those residents receiving transportation to medical and dental destinations. PRISM keeps computer records of all people who call us for an appointment to ride. b. What percent of the total residents served are from Brooklyn Center? PRISM Express had 1168 registered senior clients in 2001 (174 are from Brooklyn Center) representing 15% of our total clients and about 12% of the total number of rides provided by our PRISM Express program. ORGANIZATION NEED 18. What would be the consequences to your organization of not receiving the amount requested? PRISM Express expanded its transportation services to Brooklyn Center at the city's request to attempt to assist with the transportation need of its senior population. PRISM Express could not afford to continue its service to Brooklyn Center without a funding source to replace the dollars provided by the city. We feel it would be inappropriate to charge low- income • seniors the $11.15 per one -way ride it costs PRISM to provide this service. 13 The following supporting documentation must accompany this application. If any item is not enclosed, please explain why not. • b( Financial statement for the preceding fiscal year. Proposed budget for the upcoming fiscal year. Data (backup documentation) substantiating the need for this service in Brooklyn Center. / (Survey sample from residents of Brooklyn Center — 12 out of the 41 returned) d Proof of nonprofit status. m List of current Board of Directors. Job Descriptions and resumes of key personnel. 17 � Statistical or other data measuring effectiveness of the organization. SignatL Date V D ! (Lq"Jb V Title • 14 APPLICATION FOR CONTRACTUAL SERVICES CITY OF BROOKLYN CENTER (FOR NONPROFIT ORGANIZA11ON /PROGRAM /AGENCY) •� D T 2 DATE SUBMITTED: June 3, �00_ Applicant Organization: Prgject P.E.A.C.E. Contact Person: Tamra Falk 5637 Brooklyn Blvd., Suite 201 Brooklyn Center, MN 55429 763 -533 -0733 PROGRAM OVERVIEW 1. General] describe the organization., Y �, za ion., mcludmg its mission, date established, services and goals. See Contract 2. Explain the areas of expertise of the organization, including a description of the range of staff capability. See Contract 3. Describe the target group for services of the organization. See Contract. 4. Describe how the organization is marketed and to what geographical and demographical areas. See Contract. 5. Discuss methodology employed in measuring the effectiveness of the organization. See Contract. BUDGET Current Budget Requested .� Year- Actual Budget Year 2003 Dollar amount requested from city: $49,909.63 $46,316.48 Total Organization Budget $ 160,636 $165,416 City Amount as % of total budget 31% 28% 6. List specific secured and anticipated sources of contributions available to applicant. Source Amount Secured or Anticipated City of Crystal $26,466.56 Anticipated City Of Maple Grove $69,474.72 Anticipated City of Robbin.sdale $23,158.24 Anticipated 7. List all other Rinding organizations explored and the outcome. Funding is being requested from the following foundations. Future requests will be made to other organizations. Brornelkarnp Foundation $800 Pending 8. List in -kind items requested from the City. See Contract 9. Describe use of all in -kind contributions and include estimated value of each in kind contributions. See Contract. • 10. a. Describe use of volunteers. See Contract. b. Describe how the use of volunteers affects or reduces your budget. See Contract. I 11. Describe any proposed use of funds to be received from the City of Brooklyn Center to pay wages, salaries, or benefits of employees of your organization. See Contract. • COMMUNITY NEED 12. Explain the community need for the proposed service. See Contract. 13. Explain the community benefits including what you do for groups with special needs in the proposed. service. See Contract. 14. Describe how Brooklyn Center benefits from the services P rovided. See Contract. 15. a. Discuss possible alternative sources for those services available within the community. See Contract. b. Describe why those alternative services are not fulfilling the current needs. See Contract. 16. State the total numbers of people from all communities who participate or receive direct benefits, and describe how these numbers are determined. TOTAL SERVED PROJECTED TOTAL LAST YEAR TO BE SERVED NEXT YEAR 4005 calls to victims of domestic abuse, 4010 total calls to victims this includes 845 calls to the crisis line. 163 ex parte orders for protection 170 ex parte orders for protection • 761 responses to arrests /police reports 765 responses to reports &wrests These numbers come from our annual report of records and statistics for calls and activity for 2001. 17. a. State the numbers of residents from Brooklyn Center only who are served, and describe how these numbers were determined. TOTAL SERVED PROJECTED TOTAL TO BE SERVED LAST YEAR NEXT YEAR 1407 calls to victims of abuse with 1410 calls to victims of abuse 313 calls to the crisis line. 98 ex parte orders for protection 100 ex parte orders for protection 148 arrests, 224 reports of domestic violence 150 arrests, 225 reports of domestic violence b. What percent of the total residents served are from Brooklyn Center? 35% of calls to the office; 37% of calls to the crisis line 60% of orders for protection written, and 49% of responses to arrests /police reports. According to our 2001 year end program statistics, see attachment 3. ORGANIZATION NEED 18. What would be the consequences to your organization of not receiving the amount requested? • See Contract. I The following supporting documentation must accompany this application. If any item is not enclosed, please explain why not. • 1. Financial statement for the preceding fiscal year, see attachment 1. 2. Proposed budget for the upcoming fiscal year, see attachment 2a and 2b. 3. Data (backup documentation) substantiating the need for this service in Brooklyn Center, please see contract and attachment 3. 4. Proof of nonprofit status see attachment 4. 5. List of current Board of Directors, see attachment 5. 6. Job descriptions and resumes of key personnel see attachments 6,7,8,9,10,11 7. Statistical or other data measuring effectiveness of the organization see attachment 3. Tamra Falk, Administrative Coordinator Date • • • i City g Council Agenda Item No. 9i i • adoption: Member introduced the following resolution and moved its RESOLUTION AUTHORIZING INTERFUND LOAN AND REPAYMENT OF INTERFUND LOAN FROM SPECIAL ASSESSMENTS AS PAID A. WHEREAS, the City Council of the City of Brooklyn Center (the "Council ") has determined it necessary and expedient to finance various improvements to the 2003 Neighborhood Projects — Happy Hollow (the "Project ") B. WHEREAS, after due Notice of Public Hearing on the construction of the Project, a hearing on said Project was duly held on March 10, 2003 and the Council heard all persons desiring to be heard on the matter and fully considered the same and the Council passed Resolution #2003 -38 on the same date ordering the improvements, as required by Minnesota Statutes section 429.031, subdivision. 1(f); and C. WHEREAS, the Council passed Resolution #2003 -39 on March 10, 2003 certifying special assessments in order to finance the Project; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. The City will pay for the Project from pre -paid special assessments and • from an interfund loan from the Capital Reserve Fund to the Infrastructure Construction Fund. The City will repay the loan from special assessments levied on the benefited properties. 2. The interest rate on the interfund loan shall be 5.5% simple. 3. The term of the Loan shall not exceed ten years from the date amounts are transferred from the Capital Reserve Fund to the Infrastructure Construction Fund. 4. Amounts shall be repaid upon tax settlement from Hennepin County in June and December of each year until the loan has been paid in full. Amounts shall first be applied to interest and then to principal. 5. The City reasonably expects to reimburse itself for the payment of certain costs of the Project out of the proceeds of a bond issue or similar borrowing (the 'Bonds ") to be issued after the date of payment of such costs. As of the date hereof, the City reasonably expects that $300,000 is the maximum principal amount of the Bonds which will be issued to finance the Project. 6. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the Regulations. • 7. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate. RESOLUTION NO. I Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded b member p g g Y Y 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 • • I RESOLUTION NO. • STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER I, the undersigned, being the duly qualified and acting Clerk of the City of Brooklyn Center, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the City's authorization of an interfund loan and repayment of the interfund loan from special assessments as paid. WITNESS my hand this day of , 2003. • Clerk • Memorandum Date: March 19, 2003 To: Michael McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: 2003 Improvement Project — Financing We submitted the finance parameters to Springsted, Inc to determine the feasibility of a bond issue to complete the funding package for 2003 improvements. Projects scheduled for 2003 include the Happy Hollow neighborhood project with a total estimated cost of $2,204,646. Traditionally, the City has issued G.O. Improvement Bonds to provide for the amount of special assessments that are not collected as prepayments. These assessments are certified to the county to be collected with property taxes over a ten -year period. (The first year of collection is the year following the year of certification.) It has been our • experience that 35% to 40% of the total amount specially assessed has been collected in prepayments. Again, the bond issue amount has been the net uncollected special assessments. For 2003 projects, the total special assessments levied on March 10, 2003 was $399,980. We anticipate prepayments at 30% for the current year given the current economy or. $119,993. This would result in a bond issue of approximately $280,000 plus cost of issuance, $20,000. The total bond amount would be approximately $300,000. The cost of issuance for this amount is greater than the return we could anticipate on prepayments and current collections. Current rates of return are at record lows of 1% to 1.5 %. We would pay a net interest cost of near 3.5% to 4.0% on newly issued debt such as this. If the collections and investment earnings do not exceed the amounts necessary to pay the principal and interest on the bonds, a tax levy would be required. There is an alternative that we have discussed, internal financing. The City could internally finance this debt without the cost of issuance for the exact amount that is not collected in prepayments. The Capital Reserve Fund has in excess of $1.1 million. This debt could be funded from the Capital Reserve Fund at $280,000 plus interest according to the internal loan policy of 5.5 %. Should the Council move forward with another project in 2004 that requires debt, the current year debt of $280,000 plus the new debt required for the 2004 project could be combined into one bond issue. The cost of issuance would then be spread over a larger principal base and would make such an issue • feasible. Should debt be issued that includes both 2003 and 2004 projects, the Capital Reserve Fund is made whole. • We have requested a resolution that provides for the internal financing of the debt necessary to fund 2003 projects from our attorney. A copy of that resolution is attached for your review and consideration. The resolution identifies the terms and conditions of the internal loan between the Capital Reserve Fund and the Infrastructure Construction Fund that will provide the funding for 2003 Neighborhood Project. The terms are simple and as follows: Principal amount: $280,000 Term: 10 years Interest Rate: 5.5% simple interest (The principal amount may be adjusted upward /downward to provide for increased or decreased prepayment collections. The exact amount will not be know until late November of this year when the special assessment prepayment period ends and amounts are certified to the county for collection.) • • i City Council Agenda Item No. 9j • MEMORANDUM DATE: March 19, 2003 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2003 -01, 02, 03, and 04, Happy Hollow Area Street, Storm Drainage, and Utility Improvements On March 10, 2003, the City Council held a public hearing on the proposed Happy Hollow Area Improvements. Following the hearing the City Council ordered the improvements and directed the preparation of final plans. Plans now have been completed for the Happy Hollow Area project. It is recommended that the City Council approve the attached resolution approving the plans and specifications and authorizing advertisement for bids. Detailed plan sheets will be available for Council to review Monday evening, or prior to then at any Council Member's request. • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2003 -01, 02, 03, AND 04, HAPPY HOLLOW AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on March 10, 2003, by Resolution No. 2003 -38 ordered Improvement Project Nos. 2003 -01, 02, 03, and 04, Happy Hollow Area Street, Storm Drainage, and Utility Improvements, and authorized the preparation of plans and specifications; and WHEREAS staff under the direction of the City Engineer have prepared said plans Y g p p p and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that I 1. The plans and specifications for said improvement project are hereby approved • and ordered filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids f or the makiri g of such improvements in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Brooklyn Center for 5 percent of the amount of such bid. Date Mayor ATTEST: City Clerk • J • RESOLUTION NO. 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. 9k City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody man, Niesen, and Peppe FROM: Michael J. McCauley DATE: March 18, 2003 SUBJECT: LOGIS Healthcare Group Attached please find correspondence from LOGIS regarding elected official eligibility to participate in medical and life insurance. This matter is being placed on the agenda for direction from the City Council. Currently, only full -time employees are eligible to participate in the City's medical and life insurance program. The policy issue would be the expansion of the program to elected officials. If elected officials were to be included in the City's healthcare coverage a decision would need to be made as to whether or not the City would make any contribution toward either the single or family coverage premiums. The related issue would be the extension of eligibility to part-time employees • with the accompanying questions as to any City contribution. In the current fiscal situation, an expansion of potential cost or exposure to the City may be problematic. 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 hLG Is • Local Government Information Systems Association The LOGIS Advantage Health Care Group Stanton Group, Suite 100, 3405 Annapolis Lane, Plymouth, MN 55447 Voice: (763) 278 -4462 • Fax (763) 278 -5323 • Email. yjohnson@stanton group. com March 6, 2003 Ms. Kelli Wick City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center MN 55430 -2199 Re: Eligibility for Elected Officials Dear Kelli, Effective for the plan year starting January 1, 2004, the LOGIS Health Care Group will be allowing elected officials of the primary governing body as an eligible class for medical and life insurance. I have outlined below the requirements needed in order to allow elected officials to participate. I have also attached a copy of the revised Policies and Procedures, which includes the provisions relating to elected officials, and a sample health history form. 1. Each municipality must adopt a resolution or pass an ordinance allowing elected officials as an eligible class for their organization. 2. An elected official must receive compensation for serving as a member of the primary governing body of the Member. • 3. Members must contribute at least 50% of the cost of the lowest priced single health premium for any benefit eligible employee and 100% of the basic life premium, including part-time and elected officials, if benefit eligible employees are allowed as an eligible class. 4. As a newly eligible class, LOGIS will require health history forms for each elected official wanting coverage and a waiver form for those declining. Going forward, that entity's newly elected officials will not be required to provide health histories if enrolled on a timely basis. 5. Health histories will be evaluated along with the pooled renewal experience to determine the next year's premiums. Elected officials may not be declined coverage due to pre - existing conditions. 6. Members must notify LOGIS of their intent to add elected officials as an eligible class by July I" of this year for the plan year beginning 2004. Thereafter, each member must notify LOGIS by each July 1' for subsequent plan years. 7. The effective date of coverage will be January I" of the next plan year following notification to LOGIS. 8. If a member chooses, elected officials will be covered effective January I" provided that their term of office does not expire in January of that plan year. Other considerations: COBRA/MN Continuation/Statute 471.61(chavter 488) — Elected officials would be eligible for certain continuation rights provided that their term of office does not expire in January. Medicare — As an eligible employee, elected officials who are Medicare entitled would now be primary on the members health plan. They would need to make a decision as to whether or not to continue any supplement plan they may already have, etc. Please read the information carefully. Should you have any questions or concerns, please feel free to call me at (763) 278- 4462 or you may email me at viohnson(astanton- eroumcom. Sincerely, Yvonne Johnson Stanton Group LOGIS GROUP HEALTH AND LIFE INSURANCE POLICIES AND PROCEDURES • Effective August 1, 1992, Amended January 1, 1995, Updated April 12, 2001, and Further Amended April, 2002, and March, 2003 POLICIES Eligibility Requirements To be eligible for participation in the insurance program, the legal entity must be one of the following: 1. A current member of the LOGIS Group Health and Life Insurance Program; 2. A current member of LOGIS; 3. A Minnesota city; or 4. A joint powers entity sponsored by a Minnesota city. The legal entity must also: 1. Not previously have been a participant in the LOGIS Group Health and Life Insurance Program; and 2. Indicate its commitment to the program by July 15` of the current year or whenever • reasonably possible for members entering on other than the first day of a plan year. For the Plan Year beginning January 1, 1990: 1. All current members of the LOGIS Group Health and Life Insurance program will be eligible for participation in the Plan without restriction; and 2. Other current LOGIS members will be eligible to participate in the Group provided: a. They have not previously dropped membership in the Group; and b. They submit the necessary marketing information as requested by the Group or its designated representative. 3. All non -LOGIS members who are Minnesota cities will be eligible to participate if they comply with items 2.a. and b. above, as well as: a. They must become at least associate members of LOGIS. For subsequent Plan years, a LOGIS member who has not been a member of the Program or who has not previously dropped membership in the Program may participate in the Program's next Plan Year beginning January 1 st of the following year, if: 1. They sign a Participation Resolution on or before August 1 of the preceding Plan Year or whenever reasonably possible; 2. They submit necessary marketing information as requested by the Program or its designated representative. • ' 1 LOGIS GROUP HEALTH AND LIFE INSURANCE POLICIES AND PROCEDURES OTHER REQUIREMENTS A. Definitions for purpose of these Policies and Procedures 1. Benefit - earning emplovee is a full -time employee working an average of 30 scheduled hours or more per week based on the employer definition during the plan year. 2. Benefit - eligible emplovee is either (a) a part-time employee working at least an average of 20 scheduled hours but less than the defined number of hours eligible to be benefit- earning under the employer's definition during the plan year or (b) an elected official who is employed as, and receives compensation for serving as, a member of the primary governing body of the Member if (i) prior to July 1 immediately preceding the plan year the primary governing body of the Member has duly adopted an ordinance or resolution providing for such elected official's eligibility and (ii) the elected official's term of office (taking into account any additional term for which the elected official has been reelected) will not expire in January of the plan year. 3. Retiree is any employee of a member of the Group who is entitled to coverage under Minnesota Statutes § 471.6 1, subdivision 2a - 2b ( "chapter 488 ") or any retiree policy maintained by the Member. 4. Non benefit - eligible emplovee is a part-time employee who works less than an average of 20 scheduled hours per week during the plan year, and who is not an • elected official that qualifies as a Benefit- eligible employee, as defined above. 5. COBRA eligibles are employees entitled to continue participation subsequent to the federal legislation commonly termed COBRA as in force and /or amended. COBRA continuation does not constitute retirement coverage. This term also includes individuals eligible for continuation under any provisions of Minnesota State Law if different than any federally applicable legislation. 6. Program means the health insurance and life insurance policies maintained by LOGIS for participating Members. 7. Member means any legal entity as indicated above who has elected to participate in this Program. B. The Member must honor the LOGIS health and life insurance policy regarding employee eligibility, which is as follows: 1: An employee of a Member is eligible for health and life insurance if he or she is (a) a regular or probationary employee and works an average of at least 20 hours per week or (b) an elected official who qualifies as a Benefit- eligible employee. However, the Member participating in the group, at its own discretion, may establish a more strict definition of eligibility, but not a more lenient definition. Once the Member's definition of eligibility is established, it must be applied consistently within the Member's employee population. All employees meeting the Member's definition of eligibility must be allowed to participate, except that any elected official who qualifies for the first time as a Benefit - eligible employee by reason of a Member's change to include eligible elected officials within the definition of a Benefit- eligible • 2 LOGIS GROUP HEALTH AND LIFE INSURANCE POLICIES AND PROCEDURES • employee may be required to provide evidence of insurability if he or she desires coverage or a waiver form if he or she declines coverage. 2. Members employing two individuals married to each other may allow one of the partners to carry employee + spouse or family health coverage. The other partner may then be carried as a dependent of that Individual. These married individuals may also carry coverage separately if desired. 3. Upon retirement, an eligible public employee as defined in Minnesota Statutes g P § 471.61, subdivision 2a - 2b ( "chapter 488 ") and his /her covered dependents can participate in this Plan at the same premium rate as active employees until reaching age 65. The retiree must pay the entire premium unless otherwise provided for in a collective bargaining agreement or personnel policy. Retirees age 65 and over have the option of an HMO Medicare Supplement. 4. COBRA- eligible employees may be covered to the extent the corresponding active employee is eligible for coverage. COBRA continuees are treated the same as employees who are actively at work. 5. Any employee with health insurance coverage must also be covered under the LOGIS life insurance plan. Any Benefit- earning employee that waives health insurance coverage still will receive basic life insurance coverage. 6. Non - benefit eligible employees may not be covered. C. The Member must honor the LOGIS health and life insurance policies regarding enrollment in the health insurance, which is as follows: • 1. At a minimum, 100% of its benefit- earning employees who are not covered elsewhere through a spouse's employer sponsored group insurance must be enrolled in one of the single health insurance plans. All benefit earning employees must be enrolled in the group term life insurance plan. Members must pay at least 50% of the lowest single premium for benefit- eligible employees. This does not apply to early retirees eligible under Minnesota § Statutes 471.6 1, subdivision 2a - 2b ( "chapter 488 "). 2. The Member may opt, based on its bargaining agreements or personnel policy, not to provide coverage for benefit- eligible employees. 3. Each Member participating in the Group, its own discretion may establish a more P g P> Y liberal contribution policy, but not a more conservative policy. 4. Each Member must follow established contribution /participation rules regarding benefit - earning and benefit- eligible employees. 5. Each Member must treat benefit - earning married employees where both are employees of the same Member as they would any other benefit- earning employee. D. The Member may allow, at its discretion, benefit - earning employees to waive health coverage provided that the employee shows proof of group coverage elsewhere. E. If the Member allows its employees to waive health coverage, a maximum credit of $50 per month may be given to employees in lieu of coverage. F. The Member may not, for any reason, allow any of its non - benefit eligible employees to purchase health coverage regardless of who pays the premium. G. The Member must accept the LOGIS Health and Life Insurance Program's policy regarding • the effective date of coverage for newly hired employees. The effective date of coverage can be no sooner than the first day of the calendar month coinciding with or next following one 3 LOGIS GROUP HEALTH AND LIFE INSURANCE POLICIES AND PROCEDURES • full month of employment and no longer than the first day of the month coinciding with or next following six months of continuous employment. Any such arrangement as to the waiting period of coverage must be consistently applied to all eligible employees of the member. H. Any Member that elects to participate in LOGIS health insurance must also participate in LOGIS life insurance. • • 4 LOGIS GROUP HEALTH AND LIFE INSURANCE POLICIES AND PROCEDURES • PROCEDURES A. Eligibility for participation in the following plan year's insurance program is based on the following procedures: 1. If the entity is a current Member of the LOGIS Health and Life Insurance Program: a. It will automatically be included unless it notifies LOGIS of its intention to withdraw from the program prior to July of the current year or it is given leave for a late withdrawal, as provided below. b. It must submit insurance data as required. 2. If the entity is a current member of LOGIS, but is not a Member of the LOGIS Health and Life Insurance Program: a. It must notify LOGIS in writing that it wishes to participate in the Program. The notification must be received by LOGIS by July 15` of the current year or as soon as is reasonably possible. b. It must submit employee census and claims information and other information reasonably required by the group or its designated representative. c. Having satisfied all other conditions, entities with less than 50 employees will be automatically accepted for health insurance coverage, however, premiums will be based on 100% of the entity's claims experience for the -first year and 50% the second year, and will not be 100% blended with the • LOGIS pool until the third year. d. Entities with 50 or more employees may be declined health insurance coverage based on claims experience. If allowed to participate, premiums may be rated based on the above - mentioned formula (c.). e. The LOGIS life insurance provider may decline coverage for the entity based on the information provided by the entity. 3. If the entity is not a current member of either LOGIS or the LOGIS Health Care and Life Insurance Program: a. It must adopt a resolution authorizing execution of the standard LOGIS joint powers agreement. b. It must execute the joint powers agreement. c. It must submit the resolution, two copies of the joint powers agreement, and a cover letter to LOGIS. The cover letter should request admission to . LOGIS as at least an Associate Member and state the intention to participate in the LOGIS Health Care and Life Insurance Program and commit to the Program at least through the following plan year. This material must be received by LOGIS by July 15` of the current year or whenever reasonably possible. d. It must submit employee census and claims information and other information reasonably required by the group or its designated representative. 4. An entity that is a current Member of the LOGIS Health and Life Insurance Program may not withdraw from the program for the succeeding year unless (1) it provides • notice of withdrawal prior to July of the current year or (2) the Member requests 5 i LOGIS GROUP HEALTH AND LIFE INSURANCE POLICIES AND PROCEDURES • leave for a late withdrawal and LOGIS's Executive Committee grants the leave after concluding, based on objective evidence, that the Member's withdrawal financially benefit the other LOGIS members as a group. Any other withdrawal will be considered an "Unauthorized Withdrawal ", with the withdrawing Member being referred to as a "Defaulting Member ". a. A Defaulting Member will be obligated to pay to LOGIS the greater of (1) minimum liquidated damages of $500 multiplied by each individual insured through the Defaulting Member under the LOGIS Health and Life Insurance Program as of June 30 prior to the Unauthorized Withdrawal or (2) adjusted liquidated damages, as described below, multiplied by each individual insured through the Defaulting Member under the LOGIS Health and Life Insurance Program as of June 30 prior to the Unauthorized Withdrawal. An amount equal to minimum liquidated damages are due and payable within thirty days of an Unauthorized Withdrawal. b. Adjusted liquidated damages shall be determined if there are any Unauthorized Withdrawals prior to the start of a plan year. In that event, after the start of that plan year LOGIS's health and life insurance coverage contractors shall estimate the difference between what the continuing LOGIS members can be expected to pay for health and life insurance coverage during that year and the following year taking into account the Unauthorized Withdrawals and the facts as they exist on the first day of the plan year ( "Adjusted Cost "), and what such continuing members would have been • expected to pay for such coverages in those years had the Unauthorized Withdrawals not occurred ( "Base Cost "). These shall be determined based on actual premiums imposed for the current year, the then current underwriting criteria of the health and life insurance contractors, and facts concerning coverage and experience as known on the first day of such plan year. The determination will be binding on all parties absent clear mathematical error. If Adjusted Cost exceed Base Cost, the difference shall be divided by the number of individuals covered under the LOGIS health and life insurance plans through the Defaulting Members as of June 30 preceding the beginning of the plan year. If the quotient exceeds $500, such quotient shall establish adjusted liquidated damages, and each Defaulting Member will be obligated to pay the adjusted liquidated damages (net of any amounts already paid) within 30 days of this determination. 5. For purposes of marketing the Group to Health Care Providers, the Program has authorized the following to act as its designated representative: Stanton Group 3405 Annapolis Lane North Plymouth, MN 55447 (763)278 -4462 • 6 LOGIS GROUP HEALTH AND LIFE INSURANCE POLICIES AND PROCEDURES • 6. For purposes of marketing the Group Life Insurance, the Program has authorized the following to act as its designated representative: Larry Klopp & Assoc., Inc. 901 Marquette Avenue Suite 2820 Minneapolis, MN 55402 (612) 333 -5313 GP:821353 v7 • • 7 I City Council Agenda Item No. 91 City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley DATE: March 19, 2003 SUBJECT: Replacement of Public Safety Software The City has now received the billing from LOGIS for the new Public Safety software. The amount of Brooklyn Center's assessment is $253,938. As has been discussed in previous meetings, acquiring the software through LOGIS appears to be the most effective way for us to proceed. It will also allow our system to be compatible with a number of other cities and allow us through the consortium to deal with the many public safety communication issues to share data between agencies. The City Council authorized the transfer of the monies budgeted in 2002 toward this project to the Capital Project Fund. The 2003 budget contains $84,656 for the new system and we • would have budgeted a similar amount in 2004. 1 would recommend that we pay the entire $253,938 in 2003 to avoid interest charges. Additionally with the potential cuts in 2004 of $2.22 million under the Governor's Plan, the ability to provide funding in 2004 for this capital acquisition installment becomes even more difficult. The net effect of paying all of the costs in 2003 would be to take an additional $84,646 from the Capital Project Fund. That would of course diminish the amount of money in the Capital Project Funds. With the great uncertainty about the budget, reductions in the Capital Project Funds become magnified as the projected infusion of general fund contributions into the future, including the 2003 contribution, are very uncertain. However, we do need to replace the public safety software and this would be a higher priority than improvements identified in the Capital Project Funds for recreational items for the most part. Therefore I am requesting a motion by the City Council to authorize payment of the $253,938 assessment from LOGIS in 2003 using a combination of the monies budgeted in the 2003 budget and taking the balance from the Capital Project Funds. • .. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 • City Council Agenda Item No. 9m March 24, 2003 City Council Meeting Copies of Powerpoint Presentation On Governor's Proposed Cuts Governor's Pro Cuts cuts: 2003: $1,170,299 2004: $2,223,569 General Fund Revenues Taxes $10,246,215 $10,141,725 ($104,490) - 1.02% Est. Uncollectable ($307,386) ($304,251) $3,135 - 1.02% Miscellaneous Taxes $720,000 $700,000 ($20,000) - 2.78% Licenses & Permits $565,485 $612,720 $47,235 8.35% 0 Intergovernmental Rev. $2,769,840 $2,999,185 $229,345 8.28/0 Charge for Service $23,620 $24,620 $1,000 4.23% Public Safety Charges $16,250 $17,450 $1,200 7.38% Recreation $330,047 $324,172 ($5,875) - 1.78% Community Center Fees $235,350 $316,900 $81,550 34.65% Court Fines $190,000 $200,000 $10,000. 5.26% Misc. Revenue $15,000 $75,000 1 $60,000 400.00% Interest $350,000 $300,750 ($49,250) - 14.07% TOTAL $15,154,421 $15,408,271 $253,850 1.68% Recreation net increase ($75,675) Net of Recreation $15,154,421 $15,332,596 $178,175 1.18% General Fund Revenues 2003 Real Estate Taxes 64.0% I I I - _ Interest s; 1.8% Court Fines m',. k. _ Y ay r a Rec. & Cam. Center Fees 4.2% Charge for Service Public Satety Charges ; > "° a` & 0.2% Misc. Taxes '�w : ���� " �., State Ai ds o _ 4.6 /o r 19.5% Misc. Rewnuz L Licenses & Permits 0.5% 4.0% General Fund Expenditures 2003 Public Saf y 38.4% General Government 10.9% Transfers to Debt Service Police & Fire B 1.6% 4.8% Transfers to Capital Projects 3.7% Community Develo nt `Unallocated Dept. t p 2.1% Risk Management 1.1% Convention & Tourism 2.1% Public Wo 16.1 Parks &Recreation Social Servi4s 14.4% 0.6% General Fund Expenditures by Type 2003 Personnel Costs 60.4% I ' ,•.:., Capital Outlay 1.5% Capital Proj. Fund y A f ' f. 0.8% Police & Fire Bonds j r :;" ''� 4.8% Debt Service 1.6% ,¢ Street Construction 3.0% f':, asy;4y: �' Su ies Contin Utilities Services 2.8% 3: Insurance 1.0% Cam cations _" "< F' 1.9% wg ` Repair, rental J Central Garage 6.2% 3.6 °!o I Costof Sal as Other Contractual L 02% 5.7% General Fund Budget: Fixed Costs 2003 General Fund Budget: $15,408,271 Includes: $1 Debt Service $ 332,500 50% Lodging Tax $ 172 Ins. &Risk Mgm't. $ 450,980 Utilities Cut Impacted Budget: $13,408,996 Governor's Cuts.as a 2003 Governor's Proposed Cuts to Brooklyn Center: $ 1,170,299 2003 Impacted General Fund Budget: $13,408,966 2003 Cuts of $1,170,299 divided by 13,408,966 = g.73% 2004 Cuts of $2,223,569 divided by $13,408 = 16.5g% "Total" v. Impacted Revenue Governor Pawlenty has stated that his cuts would be no more than - 5% in 2003 - 9.5% in 2004 This is of "total" revenue as reported by the State Auditor which includes monies that cannot be used for operations including: • Debt service • Tax increment proceeds • Special assessments • Grants: federal and state • Interfund payments Context for Budget uts Police Fire Gen. Gov't Comm. Dev. Public WorksRec/ Comm C Capital Trans $5 $769,550 $2 $423,085 $2,964,216 $1 $605 Police Grants $30,000 Pension Aid $250,000 $92,500 fees for service $17,450 $641,072 ,Court Fines $200,000 IMSA maint. $30 ;:Reim. Other Funds $272,956 $511,128 'License Fees $208,720 Permit Fees $404,000 Zoning Fees $24,620 lNet Gen. Fund Cost $4,955 $677,050 $1 ($5 $2 $786,788 $605,0001 2003 Cut Comparisons 6000000 5000000 4000000 3000000 I $ 2000000 1000000 0 V LJ O O G� y a V � a 2004 Cut Comparisons 6000000 sooa000 4000000 i 3000000 ■ $I 2000000 1000000 0 S� AO 4�� Implications 1. Attempt to maintain maximum flexibility pending Legislative action 1. Need to be able to respond to potential $1.17 Million cut in 2003 2. Need to identify total costs of potential cuts 3. City will have to dramatically reduce 1. Services 2. Potential impact on capital reinvestment 1. Neighborhood street reconstruction pace Process Steps being taken: 1. Attempting to balance preparation with service demands 1. Deferring /delaying purchases where prudent 2. Deferring decisions on summer hiring 2. Identifying what we do 1. By service 2. By cost implications 1. Cost of providing &revenues associated (if any) Process Continued 3. Meeting with employees 1. Suggestions for revenues and cost reductions 4. City Council will be working with Financial Commission 1. Prioritization of services 2. Consideration of revenue alternatives 5. City Watch information 6. Citizen suggestions City Council Agenda Item No. 9n BROOKLYN CENTER HOUSING BOND POLICY DRAFT OUTLINE I. Application A. Applicant will submit a written application that acknowledges that the City has, and reserves, the right at any time to decline to issue bonds or other assistance, in the absolute and sole discretion of the City Council. B. Applicant will pay non - refundable application fee ($ 1 to cover City costs in processing and considering the application. If such funds are exhausted, the City may decline to proceed with consideration of the application until additional funds are paid to cover additional City expenses. C. Applicants will identify all significant investors and principals (more than 5% ownership nterest officers partners, etc.. Applicants will identify, p p ) PP fy as to the applicant, and all significant investors and principals: 1. All housing developments in which such person has, or has had, an interest. 2. For each such development, provide the address of the development and the name, address and telephone number of the chief appointed executive or administrative officer of the municipality in which the development is located. 3. For each such development, whether any criminal citations, charges or complaints were issued, whether or not they resulted in convictions, against any owners or managers for violations of building, housing maintenance, rental licensing or similar laws, rules or regulations during the period in which the individual had an ownership interest. For each such citation, charge or complaint indicate the jurisdiction, date or dates of the alleged offense and final resolution. 4. For each such development, whether the local licensing authority ever revoked, suspended or declined to a renew rental license; served notice of CLL- 229205v 1 I BR291 -236 intent to revoke, suspend not renew a license; or conducted a hearing on specified charges, complaints or violations of building, housing maintenance or rental licensing laws, rules or regulations that could have resulted in revocation, suspension or non - renewal of a license during the period in which the individual had an ownership interest. For each such instance indicate the jurisdiction, date or dates of the incident and final resolution. D. Applicant will identify managers or proposed managers of the facility and, as to each manager or proposed manager and the officers, significant investors and principals of the manager, provide the same information identified in I. C. E. Applicant will provide detailed information on the sources and uses of funds received in connection with the financing or refinancing. F. For existing facilities applicant will present a detailed survey of the facility prepared by qualified professionals, including but not limited to: structural conditions; condition of roof, doors, windows and any other potential points of infiltration of air or water; mold; building exterior; life /safety systems and equipment; plumbing and HVAC systems; and unit interiors. G. Applicant will submit a detailed building maintenance, repair and replacement program and schedule including a description of sources of funds or financing available to pay for such program. For existing facilities the program will describe when and how all deficiencies identified in the building survey will be addressed. H. Applicant will describe all plans to provide security, maintain habitability and avoid crime (the Security and Crime -Free Housing Plan). Such plan could include tenant screening procedures and policies, tenant rules and regulations, lease terms, physical building security, on -site management, etc. II. Contract Terms CLL- 229205v1 2 BR291 -236 A. Covenants on use of funds, maintenance, compliance with laws and liability will be enforceable by the City as well as the Trustee. B. Applicant will pay the City attorney's and consultant's fees and costs for all litigation or administrative actions to enforce covenants. C. Applicant will provide an irrevocable letter of credit that the City may draw upon if applicant fails to pay City's fees and costs. The letter of credit may also be drawn upon for payment of liquidated damages for false, incomplete or misleading statements in the application. D. Applicant will comply with representation about the use of funds secured by the financing or refinancing. The applicant will provide evidence of such expenditure of funds and books and records of the applicant will be available for inspection by the City or its authorized representatives. Funds remaining after all work identified as work to be accomplished with the proceeds of the financing or refinancing, will be deposited in a building maintenance fund. E. Applicant will comply with the maintenance repair and replacement program approved as a part of the application process and provide quarterly reports with such detail as is requested by the City to verify compliance. F. Applicant will comply with the Security and Crime -Free Housing Plan approved as a part of the application process and provide quarterly reports with such detail as is requested by the City to verify compliance. G. Applicant will comply with all federal, state and local laws, regulations, and ordinances relating to licensing, housing maintenance, building and fire codes or habitability. CLL- 229205v 1 3 BR291 -236 o- H. The applicant may not transfer the facility or change managers without City consent. The City will not be required to consider approval of a transfer of ownership or change of manager until all information on the transferee or new manager that is required by this policy for the initial applicant or manager has been provided to the City and the City has had adequate time to review such information and investigate the background of the proposed transferee or new manager. I. Failure to comply with these requirements is an event of default and either the City or the Trustee may exercise remedies for default under the bond documents. CLL:sez CLL- 229205v1 4 BR291 -236