Loading...
HomeMy WebLinkAbout2002 01-14 CCP Regular Session AGENDA • CITY COUNCIL STUDY SESSION January 14, 2002 6:00 P.M. i West Fire Station Training Room 1. City Council discussion of agenda items and questions 2. Discussion of January 28"' City Council meeting I a. Council Member Peppe's request to have MnDOT, Health Department, and MPCA representatives at meeting b. Information for meeting 3. Discussion of February 14"' City Council Retreat and February 19` City Council Work Session a. Retreat format b. Work Session agenda i. Council Member Ricker discussion of rental housing ordinance changes ii. Council Member Peppe: Smart Growth impacts and big picture ® iii. City Manager salary and contract for 2002 4. Miscellaneous 5. Adjourn I I City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Mayor Kra ness Councilmembers Las man Nelson Peppe, and Ricker FROM: Michael J. McCauley, City Manager DATE: January 9, 2002 SUBJECT: January 28"' City Council Meeting Councilmember Peppe requested that representatives of the Minnesota Department of Transportation, the Minnesota Health Department, and the Minnesota Pollution Control Agency attend a City Council meeting. We initially suggested the January 28"' City Council meeting to invite representatives to answer City Council questions. The purpose of placing the item on the Study Session Agenda is to get some direction as to how the Council wishes to proceed. We anticipate being able to have Minnesota Department of Transportation representatives and can request Minnesota Pollution Control Agency representatives who have been involved in this process. We ® could also bring in Geomatrix, the firm that has done the Response Action Plan that was provided to you in last week's update. The Health Department has been involved in the westerly portion, but not involved in the Real Estate Recycling development so far. Ms. Spector has indicated that one of the permit reviews for the MPCA may be performed in the Health Department since the MPCA does not currently have a reviewer on staff for one of the issues. When the item was discussed in the last City Council Study Session, it was indicated that information would not be available in anticipation of the meeting for agencies to respond to and allow them to identify the appropriate personnel who could provide answers. I would like some further direction from the Council so that what would be set up for the January 28 meeting, or other meeting date, would be consistent with the Council's expectations for that meeting. As indicated in the memorandum regarding the Council retreat and February work session, this topic could be included in the February 19 work session if the Council would like more time for the session. Ms Spector has advised that the February 25 meeting would be the deadline for the next approvals of the project by the City Council. As an alternative, February 19 would allow more time to identify what information the Council would like addressed and who would be in a position to answer the Council's questions. Enclosed is some information that Ms. Spector has prepared that updates as to the current status of the timeline on this project as well as a synopsis of some of the relevant information with respect to the process in arriving at the point in the project that we are at now. 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 of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Lasman, Nelson, Peppe, and Ricker FROM: Michael J. McCauley, City Manager DATE: January 9, 2002 SUBJECT: February 14 " City Council Retreat and February 19" City Council Worksession Two items have been identified for further worksession discussion. One item is Councilmember Ricker's request to discuss approaches to rental housing ordinance changes and other initiatives to be considered to improve and ameliorate rental housing issues. The other issue is a discussion of Smart Growth impacts and the big picture with the Smart Growth Study that Councilmember Peppe would like to have to explore how we will deal with the Metropolitan Council process and what would or would not be acceptable as a result of that process. • Another issue is to finish the discussion following my review with respect to my salary in 2002. The City Council Retreat is scheduled for February 14"'. The discussion on this item would be to determine what format you would like to follow. Generally at this meeting, the City Council reviews the 2002 Goals and general discussion of where the Council is going at this point in the year. The Council could certainly add to that list and incorporate the items identified for the worksession or leave them out of the discussion so that more time would be available for general discussion at the retreat and then adequate time at the worksession for the specific items. • 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 • Frequently Asked Questions France Avenue Relocation 1. When will it be constructed? Construction on the CP rail bridge will begin in late March. Construction on the roadway will begin in late April. The France Avenue crossing will be permanently closed approximately July 1, depending on weather. The France Avenue relocation should be substantially complete by July 1 and ready for traffic. 2. Must the railroad crossing be perpendicular? There are two parts to this question: must the railroad approach be perpendicular, and must the railroad crossing be perpendicular. There is no design standard that an approach to a railroad or a track crossing must be perpendicular to the railroad. Chapter 13 of Mn/DOT's Engineering Design Manual in the section Principles of Grade - Crossing Protection requires that: adequate advance warning signs be provided in accordance with the Manual on Uniform Traffic Control Devices; the crossing be visible to motorists at the safe stopping distance; adequate sight distance be provided on the approach; and adequate sight ® distance on the track approach be available to a vehicle stopped on the tracks to observe an oncoming train. The design of the France Avenue relocated crossing meets all these criteria. Track crossings that are perpendicular to the road minimize the amount of roadway impacted by the tracks, and engineers try to achieve this for general traffic safety reasons. Many crossings are not perpendicular, yet they meet the grade- crossing protection standards and operate safely. The current crossing on France Avenue is at a 20 degree angle and the proposed crossing would be 27 degrees. The CP Rail crossing at Lyndale Avenue north of Webber Parkway in Minneapolis is at a 45 degree angle. That roadway carries an average of 6500 vehicles per day (2000 traffic count provided by Minneapolis Public Works), more than three times the average daily traffic of France Avenue. Regardless of the angle of crossing or whether there is a straight or curved approach, more important to the safety of the crossing are the other safeguards in place. As noted below, the proposed crossing is designed to the newest, highest safety standards, including flashers, gate arms, and a raised median preventing bypassing the gate arms. 3. Is the railroad crossing safe? Several engineers have independently reviewed the design of the rail crossing. The railroad division at SEH, Inc. has reviewed it. It has been submitted to Mn/DOT State Aid, which did a preliminary review, then submitted it to Mn/DOT's Office of Rail and Water, which is • responsible for reviewing and approving the design of railroad crossings statewide on state and local highways. The Office of Rail and Water has reviewed and approved the design. The 2 • conceptual design has been reviewed and approved by CP rail engineers. This design review includes review of factors such as adequate sight distance and the angle of crossing. The design is to the newer, higher standards required by state law, and includes crossing gate arms that "fail to the down" position, that is, if for some reason they fail they lower and stay lowered until fixed. The crossing also includes a raised median preventing vehicles from bypassing the gate arms, and new electronics to replace the older equipment. 4. Will the crossing of the Joslyn site be hazardous to the public's health? No. The MPCA will be holding a public meeting to review the City's Response Action Plan and to address this question. In summary, the public will not come into any contact with any airborne contaminates or contaminated groundwater while crossing the site, whether on foot, bicycle, or car. Any residual contaminated soil is already covered with at least three feet of clean soil (in some areas up to ten feet). The site is further capped by buildings and parking lots. The new street will also serve to cap the site. The City's consultant has prepared a Response Action Plan (RAP) detailing how this proposed project is designed and will be constructed in accordance with MPCA standards, and that it will not compromise the public health and safety. 5. What kind of liability for the design of the project, both current and future, would the city have as a result of this crossing? ® The issue of the safety of the railroad crossing is addressed above. In general, the Memorandum of Understanding (MOU) between the City and Mn/DOT executed in December 2000 governs our relationship with Mn/DOT until execution of a Cooperative Construction Agreement, which we expect will be ready for consideration by February 2002. Under this MOU, the City agrees to take on the tasks of designing and constructing certain aspects of the Segment 4 project, including constructing the France Avenue Relocation. The City agrees to design the project in accordance with Mn/DOT State Aid standards. The Mn/DOT Office of State Aid will review the plans as it does all plans on State Aid streets. Mn /DOT retains final approval authority over the plans. The City does not take over ownership and responsibility for the project facilities until completion of construction. Until such time as the work is complete and accepted and turned over to the City, these are Mn/DOT facilities. Upon completion of construction, when the City takes over responsibility for the completed facilities, liability would be the same as any other City street. 6. What kind of liability regarding the contafnination of the site would the city have as a result of this crossing? Liability is spelled out in MERLA (the Minnesota Environmental Response and Liability Act), as periodically amended, and the Land Recycling Act of 1992. MERLA specifically provides that acquiring property through eminent domain is not an act that imposes an obligation on political subdivisions for cleanup. As additional protection under these laws entities, including political subdivisions, can receive from the Commissioner of the PCA statutory liability protection when they voluntarily undertake an investigation and, if necessary, cleanup 3 ® action approved by the MPCA through the VIC Program. The City has applied to participate in the program, prepared a Response Action Plan (RAP) detailing how the City's actions will be consistent with the cleanup plan already approved for the site, and has applied for a Letter of No Association. With a No Association determination, the City will not be associated with the contamination release and thus the MPCA will not hold the City responsible for the costs of any cleanup or natural resources damage. 7. Is there federal CERCLA /SARA liability as well as state? Unlikely. According to the Attorney General's office, Minnesota has executed a Memorandum of Agreement with the EPA whereby EPA has delegated its implementation and enforcement authority for National Priority List sites to the MPCA. The AG's office believes it is extremely unlikely that this site would be prosecuted under CERCLA but cannot say definitively so. 8. Will the dioxins in the West Area affect the health of those using Azelia? No. The contaminated area of the West Area is over 1000 feet- two city blocks- from Azelia Avenue, separated from Azelia by the Wickes building and parking lot. The West Area is or will be soon fully enclosed by a fence and posted with signs warning trespassers to stay out of the fenced area. The dioxins are not airborne. Persons traveling on Azelia Avenue or the adjacent sidewalk /trail would not be exposed to dioxins. • 9. What is the status o the Response Action Plan (RAP)? ? p ( ) It has been submitted to the MPCA, along with an application to the VIC program and request for a No Association letter. MPCA will be scheduling a public information meeting in the next several weeks to inform the public and gain public input. We expect to have RAP approval within two months. City staff and consultants have discussed the RAP review with the MPCA and there are no significant issues. 10. What is the status of the wetland application? It has been submitted to the Shingle Creek Watershed Management Commission, which the city has designated to act on its behalf as responsible Local Government Unit (LGU) on Wetland Conservation Act matters. The application has been recommended for approval, but action has been tabled until February when the commissioners could be updated on the various studies relating to the Joslyn site. It appears this application will be approved at the February watershed meeting. 11. What is the status of the real estate acquisitions? Two appraisals have been completed, with the Xcel and Murphy property appraisals about complete. Some of the owners have been made offers and the others will be made offers in the next week. 4 • 12. How much has been spent on the France Avenue Relocation so far? Approximately $25,000 was spent to hire SEH to facilitate public meetings and prepare alternatives. Approximately $200,000 has spent so far on various aspects of road design and project preparation. This includes survey fieldwork; wetland delineation and preparation of the wetland replacement application; preparation of the Response Action Plan; and property appraisals, title work, and other work by the City Attorney in preparation for acquisition of real estate. It also includes considerable time spent with the Metropolitan Council Environmental Services to design the replacement of a portion of the Crystal Interceptor, a major sanitary sewer regional collector that crosses between Upper and Middle Twin Lake, along the railroad right of way, then on the property line between Murphy and the Xcel substation, then along 50' Avenue to Brooklyn Boulevard. MCES is using the France Avenue Relocation as an opportunity to replace this aging line (the segment from France to Brooklyn Boulevard and beyond was relined several years ago). Mn/DOT would reimburse all of this cost plus any additional design cost after execution of the construction cooperative agreement in February or March 2002. Should the City choose not to go ahead with the France Avenue Relocation project, it is not clear whether Mn/DOT is under any obligation to reimburse the city for those costs. • • 5 • TH 100 Segment 4 and France Avenue Relocation Project History Pre 1990 Periodic review and preliminary design, right of way acquisition, and public meetings; lack of funding prevented completion. January 1990 Technical Advisory Committee and Citizens Advisory Committee formed and begin meeting to prepare and review Scoping Document. Summer 1990 Mn/DOT holds first Open House at Robbinsdale City Hall to review design alternatives. August 1990 BC City Council receives status report, and is dissatisfied with the alternatives presented for the France Avenue interchange. City hires Glen Van Wormer from SE H, Inc. to prepare additional alternates. Fall /Winter 1990 Mn/DOT h olds various public mee December 1990 City ouncil approves y pp France Avenue concept developed jointly by SEH and Mn /DOT and asks that it included in 1991 Metropolitan Council approves Scoping Document and authorizes work to begin on the draft Environmental Impact Statement. 1992 Mn/DOT distributes fliers to affected residents in the four cities advising of the project status, and inviting contin Fall 1992 Third round of public meetings in each of the cities to advise residents of the design progress. 1994 Highway 100 Council formed to lobby for pro j e ct funding. Fall 1996 Citizens Advisory Committee meetings, additional public meetings, and staff and agency discu regarding the draft EIS. ® December 1996 BC City Council approves final EIS. November 1998 Final R ecord of Decision issued by the Federal Highway Administration. February 1999 Mn/DOT Preliminary Design informs engineering staff that the France Avenue design would have to be changed because of 1) the proximity of the France /Lakebreeze intersection to the interchange, and 2) the need to raise the railroad bridge and thus the at grade crossing by 3 -5 feet. Mn/DOT staff suggests an alternative that would relocate France Avenue to the west of the NSP substation and provide an intersection with Lakebreeze at about the racquet club driveway. Engineering staff suggests a more westerly route that would align with Azelia. February 8, 1999 Council reviews and approves aesthetic design of bridges, lights, etc for Segment 4. April 1999 Mr/DOT agrees that an extension of Azelia and 50' Avenue would be a better option. May 24, 1999 BC City Council approves Real Estate Recycling Planned Unit Development and Jo slyn site p lan, showing the Azelia extension across the site. September 25, 2000 Approval of Phase II of the Joslyn Site. June 12, 2000 Council reviews draft final design, Segment 4. July 19, 2000 Special Council meeting at Northport School, France Avenue interchange design. July 24, 2000 Council approves segment 4 design but reserves the right to review the • France Avenue interchange. July 24, 2000 Council h SEH to facilitate public meetings and review design alternates. 6 • August 29, 2000 First facilitated public meeting to gather public input on potential additional design options. y October 11, 2000 Second facilitated public meeting to review potential design options and gather public reaction. November 13, 2000 Council receives SEH report on 4 design options. November 27, 2000 Council selects the Azelia /50t' extension design option for France Avenue Relocation. J December 11, 2000 Council approves Memorandum of Understanding with Mn/DOT regarding construction o f the France Avenue relocation design approved 11/27/00. February 26, 2001 Council hires SEH to design France Avenue relocation and Southwest Area Neighborhood Street and Utility Improvement Project and appropriates $360,000 for this. May 29, 2001 Council establishes France Avenue Relocation and Southwest Area projects. May 29, 2001 Council is updated on status of TH 100 Segment 4 and the France Avenue relocation projects, and directs staff to investigate options for aesthetic improvements to Azelia /50' such as decorative street lighting, fencing, and retaining_ walls. June 25, 2001 Council ap prove s Phase III of the Joslyn site redevelopment. July 23, 2001 Council approves Segment 4 flap amendment that substitutes the Indiana Avenue frontage road for the 46' Avenue bridge. J August, 2001 City hires Evergreen Land Services to obtain appraisals and acquire real estate. ® August, 2001 City hires Geomatrix to prep_ are the Response Action Plan (RAP). October 8, 2001 Council adopts as one of its 2002 goals the completion of the France Avenue rerouting. December 12, 2001 Council adopts Capital Improvement Program and MSA Fund budget for 2002 including France Avenue relocation. December 12, 2001 Council approves resolution requesting concurrent detachment and annexat of Indiana Av enue fr ontage r oad property. December 12, 2001 Council authorizes acquisition of necessary real estate and authorizes condemnation if necessary. Future Council actions: France Avenue Relocation February 25, 2002 Latest date by which the Council could approve plans and specifications & authorize ad for bids so that construction can start by the beginning of May and be essentially complete by July 1. February 25, 2002 1 Cou approves construction cooperative agreement with Mn/DOT. April 22, 2002 Latest date by which the Council could award a construction contract so that construction can start by the beginning of May and be essentially complete by July 1. Future Council actions: TH 100 Segment 4 Summer 2002 Council approves Mn/DOT's final layout for Segment 4. Summer 2002 Council approves construction cooperative agreement with Mn/DOT, ` including appropriating funds for utility relocations. • Public Copy CITY COUNCIL MEETING • City of Brooklyn Center January 14, 2002 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting 4. Roll Call 5. Pledge of Allegiance • 6. Council Report 7. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. December 10, 2001 - Regular Session 2. December 27, 2001 - Special Session b. Licenses C. Resolution Authorizing the Purchase of One 16 Foot Rotary Mower with Attachments d. Resolution Amending the 2002 Engineering Budget to Carry Forward an ® Unexpended Appropriation from the 2001 Engineering Budget CITY COUNCIL AGENDA -2- January 14, 2002 e. Resolution Authorizing the Extension of An Agreement with Hennepin County Regarding Use of the County's Electronic Proprietary Geographical Digitized Data Base f. Resolution Authorizing City Manager to Sign Settlement Agreement with Bossardt Corporation g. Resolution Modifying the Full -Time Employee Pay Plan for Calendar Year 2002 h. Resolution Designating Depositories of City Funds 8. Public Hearing a. An Ordinance Establishing the Central Commercial Overlay District •Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. • 9. Council Consideration Items a. Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Les Thurs • Requested Council Action: - Motion to adopt resolution. b. Resolution Recognizing and Appreciating the Dedicated Public Service Of David Anderson *Requested Council Action: - Motion to adopt resolution. C. Proclamation Declaring We Care About Kids Month • Requested Council Action: - Motion to adopt proclamation. d. Resolution Awarding Audit Services Agreement to Deloitte & Touche • Requested Council Action: - Motion to adopt resolution. e. Select Presiding Officers — Mayor Pro Tem and Acting Mayor Pro Tem ® • Requested Council Action: - Council discuss and select presiding officers. CITY COUNCIL AGENDA -3- January 14, 2002 f. Resolution Expressing Recognition and Appreciation of Members Who Have Served on City Advisory Commissions •Requested Council Action: - Motion to adopt resolution. g. Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives for Other Organizations for 2002 *Requested Council Action: - Motion to ratify Mayoral appointments. h. Mayoral Appointments to City Advisory Commissions • Requested Council Action: - Motion to ratify Mayoral appointments. i. Mayoral Appointment to Northwest Regional Human Rights Coalition • Requested Council Action: - Motion to ratify Mayoral appointments. Resolution Declarin • � • g Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions *Requested Council Action: - Motion to adopt resolution. k. Resolution Designating Official Newspaper • Requested Council Action: - Motion to adopt resolution. 1. Resolution Appointing Michael J. McCauley as Director and Jim Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group •Requested Council Action: - Motion to adopt resolution. m. Resolution Authorizing the City Manager to Exceed the Number of Sworn Police Officer Positions in the Budget •Requested Council Action: - Motion to adopt resolution. • CITY COUNCIL AGENDA 4- January 14, 2002 n. Resolution Authorizing the Mayor and City Manager to Sign Labor Agreement for 2002 with LELS 82 -Requested Council Action: - Motion to adopt resolution. 10. Adjournment 0 . ? b�,clGri n O N , ate, W6AA) YaALe- • 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 REGULAR SESSION DECEMBER 10, 2001 WEST FIRE STATION — TRAINING ROOM 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council had no informal open forum at 6:45 p.m. since there was no one present and a reception honoring Police Chief Joel Downer was taking place. 2. INVOCATION - FATHER MARTIN STILLMACH, ST. ALPHONSUS An invocation was offered by Father Martin Stillmach, St. Alphonsus, prior to the Housing and Redevelopment Authority (HRA) meeting. • 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 7:10 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was spoken. Mayor Kragness presented Police Chief Joel Downer a plaque recognizing him for his years of service. Mr. Downer gave a speech to the City Council remembering his years of service and thanking them and staff for all their help throughout the years. • 12/10/01 -1- DRAFT 6. COUNCIL REPORT • Councilmember Lasman informed the Council that she would defer her reports to the January 14, 2002, City Council meeting, due to the length of the agenda. Councilmember Ricker wished everyone Happy Holidays. Councilmember Nelson reported that he attended the Northwest Suburbs Cable Commission meeting on November 29, 2001, and that they approved the annual budget. On December 7, 2001, he attended the first meeting of the Brooklyn Center Special Events Committee. Mayor Kragness informed the Council that she had received positive feedback on the new City entrance signs. 7. APPROVAL OF AGENDA AND CONSENT AGENDA City Manager Michael McCauley requested that agenda item 7b, Licenses, be removed and added to Council Consideration as item 9k. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the agenda and consent agenda as amended. Motion passed unanimously. 7a. APPROVAL OF MINUTES • A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the minutes from the November 26, 2001, study and regular sessions. Motion passed unanimously. 7b. LICENSES - APPROVAL OF 2002 LIQUOR AND PAWNSHOP LICENSES - APPROVAL OF SUNDAY LIQUOR LICENSE FOR AMERICAN LEGION, 6110 BROOKLYN BOULEVARD This item was removed and added to Council Consideration as item 9k. 7c. RESOLUTION APPROVING ISSUANCE OF AN OFF SALE 3.2 MALT LIQUOR LICENSE TO HARKS COMPANY DBA WINNER GAS RESOLUTION NO. 2001 -173 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING ISSUANCE OF AN OFF SALE 3.2 MALT LIQUOR LICENSE TO HARK'S COMPANY DBA WINNER GAS 12/10/01 -2- DRAFT O • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7d. APPROVAL OF SITE PERFORMANCE GUARANTEE REDUCTION FOR TWIN LAKES II, LLC AT 4830 AZELIA AVENUE NORTH A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve site performance guarantee reduction for Twin Lakes Il, LLC at 4830 Azelia Avenue North. Motion passed unanimously. 7e. AN ORDINANCE VACATING A SANITARY SEWER EASEMENT IN BROOKLYN CROSSING 3 R ADDITION A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading of an ordinance vacating a sanitary sewer easement in BROOKLYN CROSSING 3` ADDITION and set second reading and public hearing for January 28, 2002. Motion passed unanimously. 7f. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2001 -14, CONTRACT 2001 -E, CONSTRUCTION OF STORAGE BUILDING AT CENTERBROOK GOLF COURSE • RESOLUTION NO. 2001 -174 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2001 -14, CONTRACT 2001 -E, CONSTRUCTION OF STORAGE BUILDING AT CENTERBROOK GOLF COURSE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7g. RESOLUTION AMENDING THE 2002 STREET MAINTENANCE BUDGET TO CARRY FORWARD AN UNEXPENDED APPROPRIATION FROM THE 2001 STREET MAINTENANCE BUDGET RESOLUTION NO. 2001 -175 Councilmember Lasman introduced the following resolution and moved its adoption: • 12/10/01 -3- DRAFT RESOLUTION AMENDING THE 2002 STREET MAINTENANCE BUDGET TO CARRY • FORWARD AN UNEXPENDED APPROPRIATION FROM THE 2001 STREET MAINTENANCE BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7h. RESOLUTION AUTHORIZING SURETY REDUCTION FOR RIVERWOOD ESTATES RESOLUTION NO. 2001 -176 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SURETY REDUCTION FOR RIVERWOOD ESTATES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. CONSIDERING THE PROPOSED 2002 -2006 CAPITAL IMPROVEMENT PROGRAM • - RESOLUTION APPROVING THE 2002 -2006 CAPITAL IMPROVEMENT PROGRAM Mr. McCauley discussed that the Capital Improvement Program (CIP) would consist of the years 2002 through 2006 and that funding continues to be a major challenge before requesting Public Works Director Diane Spector to briefly outline the proposed five -year plan. Ms. Spector outlined the CIP's functional area, funding sources, and the proposed neighborhood streets to be completed in this five -year plan. She informed the Council that 1/3 of the City is now complete. Councilmember Peppe commended the staff on putting together the CIP and stated that he believes that the CIP is always nicely done. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. 12/10/01 -4- DRAFT • • A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2001 -177 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE 2002 -2006 CAPITAL IMPROVEMENT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8b. CONSIDERATION OF 2002 BUDGET 1. RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE GENERAL FUND, DEBT SERVICE FUNDS, HOUSING AND REDEVELOPMENT AUTHORITY AND ECONOMIC DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2002 2. RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATIONS, • PROVIDING INFORMATIONAL SERVICES AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES CHAPTER 469 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2002 3. RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FISCAL YEAR 2002 4. RESOLUTION ADOPTING THE 2002 GENERAL FUND BUDGET 5. RESOLUTION ADOPTING THE 2002 SPECIAL REVENUE FUND BUDGETS 6. RESOLUTION ADOPTING THE 2002 DEBT SERVICE FUND BUDGETS 7. RESOLUTION ADOPTING THE 2002 CAPITAL PROJECT FUND BUDGETS • 12/10/01 -5- DRAFT 8. RESOLUTION ADOPTING THE 2002 ENTERPRISE AND UTILITY • FUND BUDGETS 9. RESOLUTION ADOPTING THE 2002 INTERNAL SERVICE FUNDS BUDGETS Mr. McCauley discussed the general fund budget expenditures for 2002 and that personnel, equipment, computer technology, and contingency are the driving forces behind the increased costs in the general fund budget. Personnel costs are increased due to pressures to keep wages competitive and several public safety positions have increased to bring wages to the approximate level of the average for the comparable positions in the cities within 10,000 population of Brooklyn Center. Similar increases in health insurance costs have impacted the 2002 budget. Police and Fire PERA is increased $34,000, Coordinated PERA is increased $21,000, FICA is increased $20,000, and cafeteria benefit contributions $28,000. Technology costs for new systems to meet public safety needs and to comply with State mandates are expensive and contingency has been increased by $100,000 to provide flexibility in responding to the impacts of the September 11, 2001, tragedy for unknown needs in 2002 for additional training, preparedness, and security measures. The threat of losing more State Aid during the budget year also heightens the need to provide more contingency planning. Mr. McCauley discussed the general fund revenue which proposes an overall increase of $714,478 or 4.96 percent and that the major influences on revenue are tax levy increase and State Aid loss. State • Aids were reduced a net of $1,379,218 from 2001. Revenues and expenditures for the Community Center are continued at the decreased level of the 2001 budget to reflect the closure for construction. Tax revenues have been increased to offset losses in State Aids and to provide funds to sustain operations and increase funding for street construction projects. Mr. McCauley discussed the four school districts in Brooklyn Center and that the impacts on the City's levy will be the same for all of the four school districts. The school district levies will vary widely among the four districts and the impacts of voter approved school referenda will mean that some residents will have lower real estate tax bills in 2002 and some will have higher or fairly similar tax bills based on the amount of referenda levy in each district. Mr. McCauley informed the Council that there are still a lot of unknowns with the State at this time before requesting that the public hearing be opened. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Ricker to close the Public Hearing. Motion passed unanimously. 12/10/01 -6- DRAFT • Mayor Kragness questioned if the nine resolutions could be passed with one motion. Mr. McCauley informed the Council that all resolutions could be passed with one motion. Councilmember Nelson stated that he believes that diligence has been done and that even though there is an increase he believes the budget is appropriate. RESOLUTION NO. 2001 -178 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE GENERAL FUND, DEBT SERVICE FUNDS, HOUSING AND REDEVELOPMENT AUTHORITY AND ECONOMIC DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2001 -179 Councilmember Nelson introduced the following resolution and moved its adoption: • RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATIONS, PROVIDING INFORMATIONAL SERVICES AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES CHAPTER 469 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2001 -180 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FISCAL YEAR 2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. • 12/10/01 -7- DRAFT RESOLUTION NO. 2001 -181 • Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2002 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2001 -182 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2002 SPECIAL REVENUE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2001 -183 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2002 DEBT SERVICE FUND BUDGETS • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2001 -184 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2002 CAPITAL PROJECT FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2001 -185 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2002 ENTERPRISE AND UTILITY FUND BUDGETS 12/10/01 -8- DRAFT • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2001 -186 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2002 INTERNAL SERVICE FUNDS BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION AUTHORIZING THE EXECUTION OF THE LETTER OF ENGAGEMENT WITH A PUBLIC ACCOUNTING FIRM FOR AUDIT SERVICES SUBJECT TO CITY COUNCIL RATIFICATION Mr. McCauley discussed that this resolution would authorize the execution of a letter of engagement with a public accounting firm for audit services once the Committee appointed by the Council has reviewed the auditing firms. The City Council will confirm the letter of engagement at its January • 14, 2002, meeting. RESOLUTION NO. 2001 -187 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF THE LETTER OF ENGAGEMENT WITH A PUBLIC ACCOUNTING FIRM FOR AUDIT SERVICES SUBJECT TO CITY COUNCIL RATIFICATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9b. ADOPT 2002 CITY COUNCIL MEETING SCHEDULE Mayor Kragness discussed that the City Council meetings will continue to be on the second and fourth Monday's of the month. A motion by Councilmember Nelson, seconded by Councilmember Lasman to adopt the 2002 City Council meeting schedule. Motion passed unanimously. • 12/10/01 -9- DRAFT 9c. APPOINTMENT OF HOUSING COMMISSION MEMBER • Mayor Kragness requested ratification of her nomination of Judy Thorbus, 6265 Brooklyn Drive, to be appointed to the Housing Commission. A motion by Councilmember Lasman, seconded by Councilmember Peppe to ratify Mayoral nomination of Judy Thorbus to be appointed to the Housing Commission with term expiring December 31, 2002. Motion passed unanimously. 9d. RESOLUTION AMENDING 2002 RECREATION ADMINISTRATION BUDGET TO CARRY FORWARD AN UNEXPENDED APPROPRIATION FROM THE 2001 RECREATION ADMINISTRATION BUDGET Mr. McCauley discussed this resolution would amend the 2002 Recreation Administration Budget to carry forward an unexpended appropriation from the 2002 Recreation Administration Budget for delaying purchases of hardware and software for tracking and managing memberships at the Community Center. RESOLUTION NO. 2001 -188 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING 2002 RECREATION ADMINISTRATION BUDGET TO CARRY FORWARD AN UNEXPENDED APPROPRIATION FROM THE 2001 RECREATION ADMINISTRATION BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9e. RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND LELS LOCAL NO. 86 Mr. McCauley discussed that staff had met with Union representatives to discuss the wage and insurance provisions for the year 2002 and concurred with the City's proposal to address additional costs and that this resolution would authorize the City Manager to sign a Memorandum of Agreement dated December 10, 2001. which outlines changes to Article 28 — Insurance and to Article 29 — Wage Rates for the year 2002. RESOLUTION NO. 2001 -189 Councilmember Peppe introduced the following resolution and moved its adoption: 12/10/01 -10- DRAFT • RESOLUTION AUTHORIZING THE EXECUTION OF THE LETTER OF ENGAGEMENT WITH A PUBLIC ACCOUNT FIRM FOR AUDIT SERVICES SUBJECT TO CITY COUNCIL RATIFICATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9f. RESOLUTION AUTHORIZING THE CITY MANAGER TO MODIFY LABOR AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, FOR THE YEAR 2002 Mr. McCauley iscussed this re solution t Manager t modify e labor sol on would authorize he City Mana o m if th Y � g Y agreement between the City and International Union of Operating Engineers, Local No. 49 to increase the wage schedule in Article 28 by .35 percent in each classification and to insert a City contribution of $485 per month for use in the Employer's Cafeteria Benefit Plan in place of the $470 per month contribution set forth in Section 25.3, for year 2002. RESOLUTION NO. 2001 -190 Councilmember Ricker introduced the following resolution and moved its adoption: e RESOLUTION AUTHORIZING THE CITY MANAGER TO MODIFY LABOR AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER ND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, FOR THE YEAR 2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9g. RESOLUTION SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 2002 Mr. McCauley discussed this resolution would set salaries and benefits for the calendar year 2002 with an increase of 3.3 percent over 2001 rates. This 3.35 percent represents a 3.00 percent increase in the general wage and salary scales as the Legislature has authorized an increase of the Public Employee Retirement Association (PERA) contributions by employees of .35 percent effective with wages and salaries paid after January 1, 2002. Mr. McCauley informed the Council that this plan includes wage and salary provisions contained in the agreements with Local No. 49, Teamster's Local 320, and LELS Local 86. • 12/10/01 -11- DRAFT RESOLUTION NO. 2001 -191 • Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9h. JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM BROOKLYN CENTER AND ANNEXATION TO ROBBINSDALE OF CERTAIN PROPERTY SOUTH OF TH 100 PURSUANT TO MINN. STAT. § 414.061 Mr. McCauley discussed that the property owner who would be affected by this proposed detachment and amiexation had been contacted and that the property had no objection. Staff had received notice from the Minriesota Department of Transportation (Mn/DOT) that they will only need to take an easement from the back of the property at 4629 France Avenue for floodplain and wetland mitigation. RESOLUTION NO. 2001 -192 Councilmember Lasman introduced the following resolution and moved its adoption: JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM BROOKLYN CENTER AND ANNEXATION TO ROBBINSDALE OF CERTAIN PROPERTY SOUTH OF TH 100 PURSUANT TO MINN. STAT. § 414.061 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9i. RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR FRANCE AVENUE CONNECTION, IMPROVEMENT PROJECT NO. 2002- 04 Mr. McCauley discussed that this resolution would provide for the negotiated purchase of easements and authorizes the condemnation of property for the France Avenue connection, Improvement Project No. 2002 -04 if negotiations are unsuccessful. Council discussed and Councilmember Peppe questioned what if the Council had concerns regarding the project. Mr. McCauley informed the Council that Mn/DOT would not be coming before the Council again regarding this segment unless the Council requests that Mn/DOT appear before the Council. 12/10/01 -12- DRAFT • I • Councilmember Peppe questioned if Mn/DOT was the responsible party for this project. Mr. McCauley responded that Mn/DOT is the responsible party. Councilmember Peppe stated that he has serious concerns regarding this connection and would like Mn /DOT to address the Council to discuss his concerns. Councilmember Nelson requested tabling this item to the January 14, 2002, meeting. Ms. Spector informed the Council that the plans are in to Mn/DOT for approval and requested that the City Attorney discuss the issue of not approving the resolution before the Council this evening. City Attorney Charlie LeFevere informed the Council that under Minnesota Law, the City can approve the resolution authorizing condemnation and has 90 days to take title to the easements or to back out. Mr. LeFevere informed the Council that there may be some expenses incurred if the City does back out of the condemnation. Councilmember Peppe suggested adding language to the resolution to not take title and possession until Mn/DOT answers all of the concerns with the project. Mr. LeFevere suggested that the Council adopt the resolution as written and give direction to staff to set this item on an agenda for discussion to get all questions answered and reminded the Council that • they can back out of the condemnation within 90 days. Ms. Spector discussed that the part of the Response Act Plan regarding the letter of no action from the Minnesota Pollution Control Agency (MPCA) is a letter that the City needs regarding liability. She informed the Council that she could request a representative from the MPCA to attend the future meeting to discuss. Mr. McCauley suggested that the Council direct staff to have information provided to the Council at the January 14, 2001, meeting and to have representatives from Mn/DOT at the January 28, 2002, meeting to answer questions that the Council may have on the project. RESOLUTION NO. 2001 -193 Councilmember Lasman introduced the following resolution and moved its adoption: JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM BROOKLYN CENTER AND ANNEXATION TO ROBBINSDALE OF CERTAIN PROPERTY SOUTH OF TH 100 PURSUANT TO MINN. STAT. § 414.061 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Councilmember Nelson voted against the motion. Motion passed. a 12/10/01 -13- DRAFT It was the consensus of the Council to direct staff to request representatives from Mn/DOT and the q P MPCA to attend the January 28, 2002, meeting to answer any and all questions. • 9j. SUMMARY REGARDING CITY MANAGER EVALUATION CONDUCTED DECEMBER 10, 2001 Mayor Kragness discussed that the City Council held a closed special session to evaluate the City Manager for the purpose of evaluating the performance of the City Manager and that the City Council reviewed the evaluation form and was in consensus that the City Manager had worked to implement and facilitate the City Council's goals for 2001. Overall, the majority of the Council felt that the City Manager's performance was excellent in providing administrative support to the City Council, discharging his administrative duties in fiscal affairs, operations, projects, and enterprises, and in the area of intergovernmental matters. This summary would serve as the minutes required by Minnesota Statutes 13D.05, Subd. 3, A motion by Councilmember Peppe, seconded by Councilmember Nelson to accept the summary. Motion passed unanimously. 9k. LICENSES - APPROVAL OF 2002 LIQUOR AND PAWNSHOP LICENSES - APPROVAL OF SUNDAY LIQUOR LICENSE FOR AMERICAN LEGION, 6110 BROOKLYN BOULEVARD • Mr. McCauley discussed that this item was removed from the consent agenda to clarify that the Sunday liquor license for the American Legion, 6110 Brooklyn Boulevard, would not be granted at this time. Approval for a Sunday liquor license would be considered upon notification that the kitchen facility had been completed and is fully operational. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. MECHANICAL CSH Enterprises 7311 153` Avenue, Forest Lake Larson Mechanical 21 Nord Circle Road, St. Paul Pfrffner Heating & Air Cond. 6301 Welcome Avenue N, Brooklyn Park Schadegg Mechanical Inc 225 Bridgepoint Drive, South St. Paul RENTAL Renewal: 340147" Avenue North Philip Clover 4201 Lakeside Avenue North 9201 Jack Hansen 4201 Lakeside Avenue North, #206 Germaine Pawelk 5449 Lyndale Avenue North Dakota Communities 12/10/01 -14- DRAFT • 5337 -39 Queen Avenue North Mike Haase 5301 -05 Russell Avenue North Korey Bannerman 4708 -12 Twin Lake Avenue Byron Mach Initial: 4702 68"' Avenue North Christopher LeBarron/Kristina Johnson 5801 Knox Avenue North David Trepanier 5201 Xerxes Avenue North Ronald Stoneberg 6601 Unity Avenue North Schellina Hughes A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the 2002 liquor and pawnshop licenses. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn the City Council meeting at 8:27 p.m. Motion passed unanimously. • City Clerk Mayor • 12/10/01 -15- DRAFT i • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION DECEMBER 27, 2001 CITY HALL — ADMINISTRATION CONFERENCE ROOM 1. LL CA TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in special session to discuss the revised City budget and levy and was called to order by Mayor Myrna Kragness at 8:15 a.m. 2. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Bob Peppe. Councilmember Tim Ricker was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 3. DISCUSSION OF LEVY LIMIT APPLICATION TO COMBINATION OF GENERAL FUND AND ECONOMIC DEVELOPMENT AUTHORITY LEVIES AND OPTIONS City Manager Michael McCauley discussed that when the 2002 preliminary levy was certified to Hennepin County in September the City received information regarding the final levy limits for the Housing and Redevelopment Authority (HRA) and the Economic Development Authority (EDA). The County recently advised the City that the 2002 levy limit for the General Fund includes the amount levied on behalf of the EDA. The EDA levy has been included in the Truth in Taxation Notice in past years when a notice was required, while the HRA levy was not, and some confusion arose out of the separateness of the EDA levy and the separate limitation on the amount of the EDA levy. In speaking with representatives from the County and the State Finance Department, it was confirmed that the EDA levy would have to be included in the overall levy limit calculations for taxes payable in 2002 which means that there are two limits on the EDA levy, a percent limit on the market value of taxable property, and the overall levy limitation. The HRA levy is treated as a special levy and is only limited by the percentage limitation in Statute and not included in the overall levy limitation. The net impact is that the adopted levy is $248,423 higher than the levy limit for pay 2002. Mr. McCauley informed the Council that there were several options and outlined the options that had been provided in the materials. • 12/27/01 -1- DRAFT Council discussed the impacts and the options suggested before coming to consensus that the best • option would be to amend the final levy and reduce the EDA levy entirely which leaves $237,067 in the budgeted expenses against sufficient HRA transfers and interest to cover salaries and supplies with a potential $15,000 shortfall that could be covered by a transfer from the General Fund at a later time. Council further discussed other cities eliminating their HRA and why the City of Brooklyn Center had chosen not to eliminate their HRA. City Attorney Charlie LeFevere informed the Council that at the time other cities eliminated their HRA the City of Brooklyn Center's HRA still owned property and it was a good decision at the time to continue with the HRA. Mr. McCauley advised that it was likely that State Aids payable in 2002 may be replaced. Thus, the General Fund Budget will likely need to be reviewed after the Legislative Session. Eliminating the EDA levy gives the Council greater flexibility in dealing with potential aid cuts. It was noted that the Resolution Adopting Amended 2002 General Fund Budget would be eliminated since the EDA levy reduction eliminated a need to amend the General Fund Budget at this time. 4. RESOLUTION APPROVING FINAL TAX CAPACITY LEVY FOR THE GENERAL FUND, DEBT SERVICE FUNDS, HOUSING AND REDEVELOPMENT AUTHORITY AND ECONOMIC DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2002 RESOLUTION NO. 2001-194 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL TAX CAPACITY LEVY FOR THE GENERAL FUND, DEBT SERVICE FUNDS, HOUSING AND REDEVELOPMENT AUTHORITY AND ECONOMIC DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 5. RESOLUTION APPROVING AMENDED FINAL TAX CAPACITY LEVY FOR THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FISCAL YEAR 2002 RESOLUTION NO. 2001 -195 Councilmember Lasman introduced the following resolution and moved its adoption: 12/27/01 -2- DRAFT • RESOLUTION APPROVING AMENDED FINAL TAX CAPACITY LEVY FOR THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FISCAL YEAR 2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6. RESOLUTION ADOPTING AMENDED 2002 GENERAL FUND BUDGET This resolution was eliminated since the EDA levy was being reduced. 7. RESOLUTION ADOPTING AMENDED 2002 SPECIAL REVENUE FUND BUDGETS RESOLUTION NO. 2001 -196 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AMENDED 2002 SPECIAL REVENUE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Nelson to adj ourn the Special City Council meeting at 8:50 a.m. Motion passed unanimously. City Clerk Mayor 12/27/01 -3- DRAFT i • City Council Agenda Item No. 7b City of Brooklyn Center A Millennium Community OX REVISED TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: January 9, 2002 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on January 14, 2002. BOWLING ALLEY AMF Earle Brown Lanes 6440 James Circle GASOLINE SERVICE STATION B.C. Municipal Garage 6844 Shingle Creek Parkway Brookdale Citgo 5710 Xerxes Avenue North • Brooklyn Center Conoco 1505 69 " Avenue North Christy's Auto Service 5300 Dupont Avenue North Hark's Company 6501 Humboldt Avenue North Holiday Stationstore #292 420 66 Avenue North Humboldt Texaco 6840 Humboldt Avenue North Iten Chevrolet Company 6701 Brooklyn Boulevard Metropolitan Transit 6845 Shingle Creek Parkway Osseo - Brooklyn Bus Company 4435 68"' Avenue North Perfect Car Wash #504 6849 Brooklyn Boulevard Qwest Communications 6540 Shingle Creek Parkway Speedway Super America 94058 1901 57` Avenue North Speedway Super America #4160 6545 West River Road Terry Presler Amoco 6044 Brooklyn Boulevard MECHANICAL Ditter, Inc. 820 Tower Drive, Hamel Green Mechanical Inc 8811 E. Research Center Road, New Hope Newman Mechanical Inc. 1400 East Highway 36, Maplewood PUBLIC DANCE AMF Earle Brown Lanes 6440 James Circle 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 • Page 2 January 14, 2002 License Approvals RENTAL Renewal: Marvin Garden Townhomes Redevco Marvin Garden LTD 6037 Brooklyn Boulevard Gerald Fenstad 4220 Lakeside Avenue North Richard Arntson 5547 Lyndale Avenue North Alan Knudson 6100 Summit Dr N (Earle Brown Ter) Frances Lang 4811 Twin Lake Ave Curtis Erickson Initial: 5308 Emerson Avenue North Philip & Ginger Luoma Anderson 6706 Scott Avenue North Tina Langhans 5104 Twin Lake Boulevard Nya Bowman SIGN HANGER Signcrafters 7775 Main Street NE, Fridley TOBACCO RELATED PRODUCT_ AMF Earle Brown Lanes 6440 James Circle American Legion Post 630 6110 Brooklyn Boulevard Brookdale Citgo 5710 Xerxes Avenue North Brooklyn Center Conoco 1505 69 "' Avenue North Brooklyn Center Municipal 5625 Xerxes Avenue North Cub Foods 3245 County Road 10 Hark's Company 6501 Humboldt Avenue North Holi Deli Commissary #610 1700 Freeway Boulevard Holiday Stationstore #292 420 66 "' Avenue North Humboldt Texaco 6840 Humboldt Avenue North International Food Market 6215 Brooklyn Boulevard JA Tobacco 5625 Xerxes Avenue North Perfect Car Wash #504 6849 Brooklyn Boulevard Rainbow Foods 6350 Brooklyn Bouelvard Speedway Super America #4058 1901 57"' Avenue North Speedway Super America #4160 6545 West River Road T.G.I. Friday's 2590 Freeway Boulevard Tobacco Deals, Inc. 6300 Brooklyn Boulevard Tobacco Warehouse, Inc. 6014 Shingle Creek Parkway Value Food 6804 Humboldt Avenue North • Walgreen Company 6390 Brooklyn Boulevard TAXICAB Salem Ali 373 South Winthrop Street, St. Paul • City Council Agenda Item No. 7c • MEMORANDUM DATE: December 28, 2001 TO: Michael I McCauley, City Manager FROM: Dave Peterson, Public Works Superintendent,, SUBJECT: Resolution Authorizing the Purchase of One 16 Foot Rotary Mower with Attachments The 2002 Central Garage budget request includes $78,500.00 for the replacement of unit #250, a 1994 16 foot rotary mower. MTI has been awarded the bid on the State of Minnesota Contract #M- 448(5) for the Toro GM580 16 foot rotary mower, 4 wheel drive, air conditioning, 7 foot snowblower, mulching kit and all steel cab. The price for the 2002 mower is $80,166.81 after trade -in. There was an August 22 price increase on the new contract that was unforeseen and after our Central Garage Budget for 2002 was turned in. With an actual $79,000 total accumulated depreciation available in the Central Garage, there is a funding deficit of $1,166.81. 1 expect to makeup the difference on 3 other 2002 Street Department Capital Outlay items. I recommend the purchase of the Toro GM580 per the 2002 State of Minnesota Cooperative Purchasing Venture Contract. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF ONE 16 FOOT ROTARY MOWER WITH ATTACHMENTS WHEREAS, the City's 1994 16 foot rotary mower, unit #250, is scheduled for replacement in 2002; and WHEREAS, it is expected that $79,000 in accumulated depreciation will be available in the 2002 Central Garage capital outlay budget; and WHEREAS, it is possible for the City of Brooklyn Center to participate in the 2002 Minnesota State Cooperative Purchasing Venture; and WHEREAS, MTI was awarded the 2002 Toro Rotary Mower contract at cost of $80,166.81; and • WHEREAS, the anticipated cost savings on other 2002 Central Garage Equipment purchases should offset the $1,166.81 over the amount of accumulated depreciation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the purchase of rotary mower #250 under the Minnesota State Cooperative Purchasing Venture in the amount of $80,166.81 is hereby approved. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7d • CALCULATING THE NUMBER OF PATROL BEATS For the purpose of this study, a patrol beat is defined as a basic one officer patrol shift, 8 hours per day, 365 days per year. A. Total Weighted Events 38 B. The number of weighted events is multiplied by .55 hours (35 minutes) which is the average time required for handling an incident or investigation at the patrol level. 20,952 C. This total is then multiplied by 3 to allow for a buffer factor to cover time spent on preventative patrol, court time, training, meetings, care of equipment, and report writing. These are times that are not reflected in incident reports. 62,856 D. The total is then divided by 2,920 which represents the number of hours necessary to staff one patrol beat (8 hours per day x 365 days = 2,920). This total is the number of patrol beats required to cover existing work loads. 22 E. The 22 beats would be divided over 3 shifts and a night power shift, or 3 shifts and a day and night power shift. This averages out to five to six beats per shift with 2 to 3 beats assigned to the power shift. Minnesota Chiefs of Police Educational Foundation 1998 Executive Training Institute BROOKLYN CENTER ROaKLYH CrT� POLICE DEPARTMENT POLICE CALCULATING THE NUMBER OF PATROL OFFICERS TO STAFF ONE BEAT To determine the number of patrol officers necessary to cover a single beat, we must subtract the number of hours an officer is unavailable for duty, because.of days off, vacation, holidays, sick leave, etc. from 8 h 2920 ( ours per day x �65 days = 2920). The remaining hours represent the net hours an officer is actually available for patrol. That figure can then be used to calculate the number of officers required to staff a beat and the total number needed to adequately staff the ® force. q y AVAILABILITY FACTOR Hours/Year Days Off 840 Vacation (Patrol Officer average 10 days/year 80 Holidays (12 days /year) 96 Training 40 Sick Time (P.D. budget estimate 24 TOTAL HOURS UNAVAILABLE FOR PATROL 1,080 When the figure 1,080 is subtracted from 2,920, the result shows that each officer provides 1,840 hours on duty per year. To determine the number of patrol officers necessary to staff one beat the figure 2,920 is divided by 1,840. The resulting ratio is 1.59 officers to staff one beat. • When this figure is multiplied by the number of beats found to e b required in the above calculations, based upon the current level of 22 beats, the result is that 35 patrol officers are needed. manpowelwpd .. City Council Agenda Item No. 9n January 9, 2002 • MEMO TO: Michael J. McCauley, City Manager FROM: Jane A. Chambers, Assistant City Manager SUBJECT: Labor Agreement with LELS 82 for 2002 As you reported to the City Council in the 12/21/01 weekly update, a tentative agreement was reached with LELS 82 (Police Officers) in mid- December. The agreement represents a 3.5 percent increase in wages for 2002. As you reported to the Council, the general trend in metro area agreements has been between 3 percent to a high of 4 percent or better. The net cost of the sergeant's contract was 3.45% and the public works contract was 3.35 %. The tentative agreement was drafted by our office and sent to the Union for their vote and approval. We have received word today that the Union has approved the agreement, and it can now be placed on the City Council agenda for January 14, 2002 for the Council's approval and authorization of signatures. I have prepared a Resolution for the City Council's action and attached a copy of the ® agreement. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND THE CITY MANAGER TO SIGN LABOR CONTRACT WITH LAW ENFORCEMENT LABOR SERVICES, LOCAL NUMBER 82, FOR JANUARY 1, 2002 THROUGH DECEMBER 31, 2002 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City Manager has negotiated in good faith with the Law Enforcement Labor Services, Local Number 82 Union (Police Officers) for a one -year contract for the year 2002 as attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and the City Manager to execute a contract with Law Enforcement Labor Services, Local Number 82, for the period January 1, 2002 through December 31, 2002. • BE, IT FURTHER RESOLVED, that authorized wage and benefit adjustments shall become effective according to the schedule of the agreement which commences January 1, 2001. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • i • Master Labor Agreement Between • City of Brooklyn Center And Law Enforcement Labor Services, Local Number 82 (Police Officers) January 1, 2002 — December 31, 2002 TABLE OF CONTENTS ARTICLE PAGE 1 Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Employer Security 2 5 Employer Authority 2 6 Union Security 2 7 Savings Clause 2 8 Constitutional Protection 2 9 Seniority 3 10 Work Schedules 4 11 Discipline 4 12 Employee Rights — Grievance Procedure 5 13 Overtime 7 14 Court Time 8 15 Call Back Time 8 16 Working Out of Classification 8 • 17 Standby Pay 8 18 Leaves of Absence 8 19 Severance 9 20 Injury on Duty 9 21 False Arrest Insurance 9 22 Training 10 23 Post License Fees 10 24 Uniforms 10 25 Longevity and Educational Incentive 10 26 Holiday Leave 11 27 Vacation Leave 11 28 Sick Leave 12 29 Insurance 13 30 Wage Rates 14 31 Benefits for Retirees 15 32 Mileage and Expense Reimbursement 15 33 Light Duty 15 34 Agreement Implementation 15 35 Waiver 16 36 Duration 16 ARTICLE 1— Purpose of Agreement This Agreement is entered into between the City of Brooklyn Center, hereinafter called the ® Employer, and Law Enforcement Labor Services, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2 - Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under the Minnesota Public Employment Labor Relations Act, for all police personnel in the following fob classifications: Detective Police Officer 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 - Definitions 3.1 UNION: Law Enforcement Labor Services. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services. 3.3 DEPARTMENT: The City of Brooklyn Center Police tY Department. Y p 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.5 EMPLOYER: The City of Brooklyn Center. 3.6 CHIEF: The Chief of the Brooklyn Center Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services (Local No. 82). 3.8 DETECTIVE: An employee specifically assigned or classified by the Employer to the job classification and /or job position of Detective. 3.9 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Period during the scheduled shift during which the employee remains on continual duty nd is responsible for assigned duties. Y p g 3.12 LUNCH BREAKS: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.13 REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for detective and school liaison officer excluding any other special allowance. 3.14 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. • -1- ARTICLE 4 - Employer Security The Union agrees that during the life of this Agreement the Union will not cause, encourage, S participate in, or support any strike, slowdown, or other interruption of or interference with the normal functions of the Employer. ARTICLE 5 - Employer Authority 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel, to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 6 — Union Security 6.1 The Employer shall deduct the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an • alternate and shall inform the Employer in writing of such choice and changes in the position of steward and /or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7 - Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Brooklyn Center. In the event any provision of the Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 8 — Constitutional Protection Employees shall have the rights granted to all citizens by the United States and Minnesota ® Constitutions. -2- ARTICLE 9 - Seniority 9.1 Seniority shall be determined by continuous length of service in all of the job classifications • covered by this Agreement. Employees promoted from classifications covered by this Agreement to a position outside the bargaining unit will continue to accrue seniority under this Agreement until the completion of their promotional probationary period or for no longer than twelve (12) months. The seniority roster shall be based on length of service in all of the job classifications covered by this Agreement. Employees lose seniority under this Agreement under the following circumstances: resignation, discharge for cause, or transfer or promotion to a classification not covered by this Agreement after completion of the promotional probationary period or for no longer than twelve (12) months after transfer or promotion. 9.2 There shall be an initial probationary period for new employees of twelve (12) months. During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. The Employer shall give the Union and the employees at least two (2) weeks written notice in advance of any layoff. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of the layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification • assignments, and promotions when the job- relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full -time employment. Except as noted in the preceding sentence, shift assignments shall be bid on the basis of seniority at least annually and after any permanent change in the work schedule. Employees will not be subject to shift rotation more often than every four (4) months. 9.6 The Employer shall recognize reverse seniority by classification as the primary factor when calling off -duty employees to duty and when considering scheduled duty changes if such employees are qualified. 9.7 One continuous vacation period shall be selected on the basis of seniority until April 1 of each calendar year. 9.8 The Employer shall recognize seniority as the primary factor when authorizing holiday leave and compensatory time leave. 9.9 No time shall be deducted from an employee's seniority accumulation due to absences occasioned by an authorized leave with pay, layoffs of less than two (2) years in duration, or any military draft or government call -up to Reserves or National Guard. • -3- ARTICLE 10 — Work Schedules 10.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each • employee through: a. hours worked on assigned shifts, b. holidays, C. assigned training, and d. authorized leave time. 10.2 Authorized leave time (including holiday hours) is to be calculated on the basis of the actual hours used for such leave based on the time that the employee would otherwise have been scheduled to work. 10.3 Nothing in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. ARTICLE 11 - Discipline 11.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a. oral reprimand; b. written reprimand; C. suspension; d. demotion; or e. discharge. 11.2 Suspension, demotions, and discharges will be in written form. 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 11.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer. 11.5 A single disciplinary action for failure to attend training, court or tardiness will be removed from the personnel file after 18 months if, during that time, the single incident of discipline for failure to attend training, court or tardiness, is the only occurrence of discipline during that 18 month period. 11.6 Discharges will be preceded by a five (5) day suspension without pay. 11.7 For purposes of discipline, a day will mean eight (8) hours. 11.8 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. -4- 11.9 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article 12. • ARTICLE 12 — Employee Rights — Grievance Procedure 12.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 12.2 Union Representatives - The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when so designated as provided by 6.2 of this Agreement. 12.3 Processing of a Grievance - It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. • 12.4 Procedure - Grievances, as defined by Section 12. 1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty -one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer- designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer- designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2 . If appealed, the written grievance shall be presented by the Union and discussed with the Employer- designated Step 2 representative. The Employer- designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer- designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. -5- Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer- designated Step 3 representative. The Employer- designated representative • shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer- designated representative's final answer to Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual Agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timelines for Step 4 of the grievance procedure. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days of mediation shall be considered waived. Step 4. A grievance unresolved in Step 3 or Step 3a and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 12.5 Arbitrator's Authority a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer • and the Union, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 12.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived ". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the -6- specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union in each step. ARTICLE 13 — Overtime 13.1 Employees will be compensated at one and one -half (1 1 /2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest six (6) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the employee from so working. • 13.7 When uniformed patrol employees have less than twelve (12) hours of duty -free time between assigned shifts, they will be compensated at a rate of one and one -half (V/2) times the employee's regular base pay rate for the next shift. For purposes of this Article, shift extensions, elected overtime, voluntary changes of shifts, City- contracted work, training, and court time are considered as duty -free time. The twelve (12) hour requirement may be waived by mutual Agreement between the Employee and the Police Administration. 13.8 As an option to monetary compensation for overtime, an employee may elect compensatory time off at a rate of one and one -half (1 1 /2) time. An employee's compensatory time bank shall not exceed forty (40) hours at any time during a calendar year. On or about December 1 of each year, the City will pay off by check the balance of compensatory time accumulated by each police officer. No compensatory time will be accumulated or used during the month of December. Special overtime duty assignments made available to all positions by the Chief of Police at the police officer's rate of compensation will not be eligible for compensatory time. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer- designated supervisor. 13.9 Employees given less than sixteen (16) hours notice of a scheduled duty change other than their regularly scheduled work period shall be compensated at one and one -half (1 1 /2) times the employee's regular pay rate for hours worked outside of the scheduled work period. • -7- ARTICLE 14 - Court Time S An employee who is required to appear in court during their scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one -half (1 1 /2) times the employee's base pay rate. An employee reporting to court after a scheduled "dog- watch" shift or any other shift ending between 0300 and 0600 hours shall receive a minimum of three (3) hours' pay at one and one -half (1 '/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for court appearance does not qualify the employee for the two (2) hour minimum. Employees shall not be required to work office or street duty to qualify for the court time minimum. 14.1 Any employee who is on their scheduled days off and is canceled from a court appearance with less than twelve hours notice, shall receive the short notice provision of Article 14. 14.2 Any employee who is canceled from a court appearance with less than twelve hours notice during their scheduled work week, shall not be eligible for the short notice provision of Article 14. 14.3 Any employee who appears in court during their scheduled work week shall be paid the Article 14 minimum or the actual time spent, whichever is greater. 14.4 Any employee who is placed on stand -by for court should retain a copy of the notice placing them on stand -by, or obtain the name of the person placing them on stand -by. The employee will be paid the Article 14 minimum or Article 17 pay, whichever is greater. ARTICLE 15 - Call Back Time An employee who is called to duty during their scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one -half (1 1 /2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hours minimum. ARTICLE 16 - Working Out Of Classification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 17 — Standby Pay Employees required by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. ARTICLE 18 — Leaves of Absence 18.1 In cases of demonstrated need and where sick leave has not been abused, the Employer shall grant to employees a leave of absence without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence, the Employer will not permanently fill the employee's position and the employee's benefits and rights shall be retained. _8 _ 18.2 An employee called to serve on a jury shall be reimbursed the difference between the amount paid for such service (exclusive of travel and expense pay) and compensation for regularly • scheduled working hours lost because of jury service. 18.3 Employees ordered by proper authority to National Guard or Reserve Military Service not exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence without loss of status. Such employees shall receive compensation from the Employer equal to the difference between his regular pay and the lesser military pay. 18.4 Employees called and ordered by proper authority to active military service in time of war or other properly declared emergency shall be entitled to leave of absence without pay during such service. Upon completion of such service, employees shall be entitled to the same or similar employment of like seniority, status, and pay as if such leave had not been taken, subject to the specific provisions of state and federal law. 18.5 Members of the bargaining unit will receive such additional leaves as provided for under State or Federal law, as the same laws may be amended from time to time. 18.6 Additional leaves of absence may be granted in the City Manager's discretion upon the same terms and conditions as then applicable to non -Union employees pursuant to the City's Personnel policy applicable to non -Union employees at the time of application for a leave of absence. ARTICLE 19 - Severance 19.1 An employee shall give the Employer two (2) weeks notice in writing before terminating his employment. 19.2 Severance pay in the amount of one -third (113) the accumulated sick leave employees have to their credit at the time of resignation or retirement, times their respective regular pay rate, shall be paid to employees who have been employed for at least five (5) consecutive years. If discharged for just cause, severance pay shall not be allowed. ARTICLE 20 — Injury on Duty Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the employee's regular pay and Workers' Compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to the employee's vacation, sick leave, or other accumulated paid benefits, after a three (3) working day initial waiting period per injury. The three (3) working day waiting period shall be charged to the employee's sick leave account less Workers' Compensation insurance payments. ARTICLE 21 - False Arrest Insurance The City of Brooklyn Center shall maintain liability insurance that includes a provision for unlawfully detaining an individual when an employee is acting within the scope of their duties on behalf of the City of Brooklyn Center. -9- ARTICLE 22 - Training 22.1 The Employer shall reimburse each employee who is required to maintain a license as a law enforcement officer under Minnesota Statutes, Section 626.84, et seg , for actual expenses of tuition, meals, travel, and lodging incurred in meeting the continuing education requirements of the Minnesota Police Officers Standards and Training Board, not to exceed 48 hours of such training every three (3) years. The Employer need not make such reimbursement for attendance at a course located less than sixty (60) miles from the City of Brooklyn Center and such reimbursement shall not exceed similar allowances for state employees. If the Employer provides in- service training to its employees which meets the continuing education requirements of the Minnesota Police Officers Standards and Training Board, and if the Employer provides its employees with an opportunity to attend such in- service training courses, to the extent that such opportunity is provided to each employee, the obligation of the Employer to reimburse such employee for expenses incurred in attending continuing education courses shall be reduced. 22.2 The Employer shall pay each employee their regular salary while attending continuing education courses whether or not such courses attended are in- service training courses or courses given by instructors other than the Employer. The obligation of the Employer to pay such salaries shall not exceed a total of forty -eight (48) hours every three (3) years. ARTICLE 23 — Post License Fees The Employer shall pay up to $90 for the cost of POST license fees for all employees requiring such license during each license period. s ARTICLE 24 - Uniforms The Employer shall provide required uniform and equipment items. In addition, the Employer shall pay to the uniformed officers a maintenance allowance of $100.00 per year. Plainclothes officers, including the trainee, shall be paid a clothing allowance of $500.00 per year. ARTICLE 25 — Longevity and Educational Incentive 25.1 After twelve (12) years of continuous employment, each employee shall choose to be paid supplementary pay of $100 per month or supplementary pay based on educational credits as outlined in 25.4 of this Article. 25.2 After sixteen (16) years of continuous employment, each employee shall choose to be paid supplementary pay of $175 per month or supplementary pay based on educational credits as outlined in 25.4 of this Article. 25.3 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 25.4 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of Bachelor's Degree $100 per month Master's Degree $175 per month -10- ARTICLE 26 — Holiday Leave 26.1 Employees shall receive eight (8) hours of holiday leave per month. Ninety -six (96) hours of holiday leave shall be advanced to employees on January 1St of each calendar year beginning on January 1" 2002. In the event an employee is not employed for the entire calendar year, the employee's holiday leave shall be reduced by eight (8) hours for each full month that the employee will not have worked in that calendar year. 26.2 Employees may use holiday leave with the approval of the Employer. 26.3 An employee who works on New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Memorial Day, Veteran's Day, Columbus Day, Martin Luther King Day, or President's Day shall receive one and one -half (1 1 /2) times the employee's regular pay rate for all hours actually worked during the named holiday. 26.4 Except as provided in 26.3, overtime pay shall not be authorized for employees for hours worked on holidays when such work is part of the planned schedule. 26.5 An employee who is on their regularly scheduled day off for a holiday as specified in 26.3, and is called in to work or kept over to work such holiday due to staff shortage(s), etc., will receive two times the employee's regular pay rate for all hours actually worked during the named holiday in lieu of one and one -half (1 ' / 2) times the employee's regular pay rate under Section 26.3. Employees who accept a shift under 26.6 shall be paid as provided in 26.3 and 26.4 and shall not be eligible for payment pursuant to 26.5. S 26.6 An employee may request a holiday off, which they are required to work, prior to fourteen calendar days before the holiday. The Employer shall post the open holiday shift to be filled by another employee at the holiday rate of pay. The employee making the request for the holiday off is responsible for working the holiday if the posting is not filled five (5) days prior to the holiday. 26.7 Employees beginning employment after January I" of a calendar year shall receive eight (8) hours of holiday leave per month beginning on the first month in which they are working as of the first day of that month. Such employees shall receive an advance of holiday leave hours equal to eight (8) hours multiplied by the number of whole months they will work through December of the year in which they were first employed. 26.8 Any holiday leave not used on or before December 31S of each year will be deemed forfeited and shall not carry over into the next calendar year. ARTICLE 27 - Vacations 27.1 Permanent full -time employees shall earn vacation leave with pay as per the following schedule: 0 through 5 years of service - eighty (80) hours per year (accrued at 3.08 hours per pay period) • 6 through 10 years of service - one hundred twenty (120) hours per year (accrued at 4.62 hours per pay period) -11- eight (8) additional hours per year of service to a maximum of one hundred sixty (160) hours after fifteen (15) years of service 11 years - 4.92 hours per pay period 12 years - 5.23 hours per pay period 13 years - 5.54 hours per pay period 14 years - 5.85 hours per pay period 15 years - 6.15 hours per pay period 27.2 Employees using earned vacation leave or sick leave shall be considered working for the purpose of accumulating additional vacation leave. 27.3 Vacation may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. No employee shall be allowed to use vacation leave during his initial six (6) months of service. Employees shall not be permitted to waive vacation leave and receive double pay. 27.4 Employees with less than five (5) years of service may accrue a maximum of one hundred twenty (120) hours of vacation leave. Employees with more than five (5) but less than fifteen (15) consecutive years of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of one hundred sixty (160) hours of vacation leave. Employees with fifteen (15) consecutive years or more of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of two hundred thirty (230) hours of vacation leave. 27.5 Employees leaving the service of the Employer shall be compensated for vacation leave accrued and unused. ARTICLE 28 — Sick Leave 2,8.1 Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight (8) hours per month or ninety -six (96) hours per year (computed at 3.69 hours per pay period) of full -time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use during the first six (6) months of service. 28.2 Sick leave shall be used normally for absence from duty because of personal illness or legal quarantine of the employee, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents -in -law, spouse, or children of the employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers -in -law, sisters -in -law, grandparents, grandparents -in -law, and grandchildren of the employee. In addition to the preceding conditions, supervisors may approve the use of sick leave, up to a maximum of four (4) days (32 hours) per calendar year, for the care of the employee's children or spouse when the employee's supervisor determines that the situation requires the employee's presence. The four (4) special -use days (32 hours) • cannot be accumulated from one year to the next, and if they are not used, they are included in the employee's normal sick -leave accumulation. -12- • 28.3 Sick leave shall accrue at the rate of eight (8) hours per month or ninety -six (96) hours per year until nine hundred sixty (960) hours have been accumulated (shall be computed at 3.69 hours per pay period). Effective January 1, 1994, after nine hundred sixty (960) hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month or forty- eight (48) hours per year (computed at 1.85 hours per pay period), and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month or twenty -four (24) hours per year (computed at .925 hours per pay period). Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workers' Compensation benefits shall be credited against the compensation due employees utilizing sick leave. 28.4 In order to be eligible for sick leave with pay, an employee must: a. notify the Employer prior to the time set for the beginning of their normal scheduled shift; b. keep the Employer informed of their condition if the absence is of more than three (3) days duration; C. submit medical certificates for absences exceeding three (3) days, if required by the Employer. 28.5 Employees abusing sick leave shall be subject to disciplinary action. • 28.6 An employee who has accumulated 960 hours of sick leave and who uses 16 or fewer sick leave hours in a calendar year shall receive a wellness incentive equal to eight (8) hours at the employee's regular rate of compensation. ARTICLE 29 - Insurance 29.1 2002 Full -time employees Effective 1/1/02, the City will contribute payment of four hundred eighty -five dollars ($485) per month per employee for use in the Employer's Cafeteria Benefit Plan. Additional benefits may be purchased by the employee as made available through the Employer's Cafeteria Benefit Plan. 29.2 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use as provided in the Employer's Cafeteria Benefit Plan. The Employer will make a good faith effort to provide the following options for employee selection: group dental, supplemental life, long -term disability, deferred compensation or cash benefits. The Employer will be excused from the requirement of offering a particular option where such becomes unfeasible because of conditions imposed by an insurance carrier or because of other circumstances beyond the City's control. • -13- ARTICLE 30 - Wage Rates • REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for detective, and school liaison officer; and excluding any other special allowance. 30.1 Effective January 1, 2002 Police Officer base rate: (P5) After 36 months of continuous employment $4544 per month (P4) After 24 months of continuous employment 93% of After 36 months rate (P3) After 12 months of continuous employment 86% of After 36 months rate (P2) After 6 months of continuous employment 79% of After 36 months rate (P1) Starting rate 72% of After 36 months rate 30.2 Employees classified or assigned by the Employer to the following job classifications or positions will receive two hundred dollars ($200) per month or two hundred dollars ($200) prorated for less than a full month in addition to their regular wage rate. School Liaison Officer Detective 30.3 Detectives Serving On -Call: Detectives will work a schedule which requires them to serve on -call on a rotating basis. The City will pay each Detective serving on -call on a rotating basis one hundred sixty -five dollars ($165.00) per month in addition to their regular wage. Detectives who are called back to duty while serving on -call will be paid according to Article 15 of the labor Agreement. Officers assigned to work with the Detectives for training purposes will not receive the one hundred sixty -five ($165.00) per month nor will they be required to serve on -call. • 30.4 Employees classified or assigned by the Employer to the following classification or position will receive one hundred sixty -five dollars ($165) per month in addition to the amount received pursuant to that in 30.2. Detective(s) assigned to Drug Task Force 30.5 Employees classified or assigned by Employer to the position of Field Training Officer (FTO) will receive an additional $1.50 per hour in addition to their regular wages for time .spent in field supervision. 30.6 When there is no Sergeant on duty, and senior management personnel do not assume command of the shift, the senior officer working will be in charge of the shift. The officer in charge will receive, in addition to their regular hourly pay, two dollars ($2.00). Officer in charge pay will be calculated to the nearest six (6) minutes. 30.7 Field Training Officers while serving in the capacity of a Field Training Officer (working with a new police officer) shall not serve as the senior officer in charge. 30.8 Employees classified by the Employer to the canine handler classification will receive the following in addition to their regular wage rate: • -14- a. The officer will receive the last thirty (30) minutes of each scheduled shift for dog maintenance and care at the officer's home. b. The officer will receive forty-five (45) minutes of overtime pay for dog maintenance, care, and training for each of the officer's scheduled days off. C. When the officer uses time off (sick, vacation, or comp time) for any whole scheduled shift, he must take time equivalent to one -half hour less than whole shift and be paid for whole shift. d. When the officer uses holiday time for any whole schedule shift, he must take eight (8) hours of leave time and will be paid for eight (8) hours. e. When the officer uses a portion of a scheduled shift as sick or vacation time, which is less than the full eight (8) hours, he must take the actual time used in leave time. f. When dog is out of the care of the canine officer, all above items do not apply. ARTICLE 31— Benefits For Retirees Retirees at the time of retirement, shall receive the same options and level of City contribution for insurance coverage upon retirement as are provided by the City's Personnel Policy covering non- Union employees as such options and contributions may be changed by the City from time to time. O ARTICLE 32 — Mileage and Expense Reimbursement Employees shall receive the same mileage and expense reimbursement rates upon the same terms and conditions as generally provided in the City's Personnel Policy covering non -Union employees as such policy may be changed by the City from time to time. ARTICLE 33 — Light Duty Members of the bargaining unit will be eligible for temporary light duty assignment upon approval of the City Manager upon such terms and conditions as would apply to non -Union employees of the City as set forth in the City's personnel policy, as the same may be amended from time to time by the City. ARTICLE 34 - Agreement Implementation Employer shall implement the terms of this Agreement in the form of a resolution. If the implementation of the terms of this Agreement require the adoption of a law, ordinance, or charter amendment, the Employer shall make every reasonable effort to propose and secure the enactment of such law, ordinance, resolution, or charter amendment. • -15- ARTICLE 35 - Waiver 35.1 Any and all prior Agreements, resolutions, practices, policies, rules, and regulations • regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 35.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 36 - Duration This Agreement shall be effective as of January 1, 2002 and shall remain in full force and effect until the thirty -first (3 1) day of December, 2002, as noted in the contract. IN WITNESS THERETO, the parties have caused this Agreement to be executed this day of 1 2002. • FOR THE CITY OF FOR LAW ENFORCEMENT BROOKLYN CENTER LABOR SERVICES Mayor Business Agent City Manager Union Steward • -16- qo. l PROCLAMATION DECLARING JANUARY 21, 2002, AS MARTIN LUTHER KING R. DAY J WHEREAS, January 15th is the birthday of the late Martin Luther King, Jr.; and WHEREAS, the third Monday in January has been distinguished as a national holiday to honor the memory of Dr. King; and WHEREAS, The King Center has named the 2002 theme for the Martin Luther King, Jr. Holiday to be "Remember! Celebrate! Act! "; and WHEREAS, Dr. King believed that everyone can serve the greater good — "Everybody can be great, because everybody can serve. "; and WHEREAS, Coretta Scott King, in describing the meaning of the Martin Luther King, Jr. Holiday, stated "It is a day of interracial and intercultural cooperation and sharing — Whether you are African- American, Hispanic, or Native American, whether you are Caucasian or Asian - American, you are part of the great dream Martin Luther King, Jr. had for America. This is not a black holiday; it is a peoples' holiday. And it is the young people of all races and religions who hold the keys to the fulfillment of his dream." ; and WHEREAS, the City of Brooklyn Center is committed to engaging people of all races, classes, and ethnicities in working toward the greater good of our community; and WHEREAS, by observing the Martin Luther King, Jr. Holiday as a time of remembrance, celebration, and action, our community re- dedicates itself to realizing Dr. King's dream of equality and peace. 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 January 21, 2002, as Dr. Martin Luther King, Jr. Day in the City of Brooklyn Center. Date Mayor ATTEST: City Clerk MEMORANDUM DATE: January 9, 2002 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: Resolution Amending the 2002 Engineering Budget to Carry Forward an Unexpended Appropriation from the 2001 Engineering Budget The 2001 Engineering budget included a $5,000 appropriation for the replacement of the large format engineering copier with a large format scanner to be used in conjunction with our high speed plotter. With the remodeling project acquiring the scanner would have required the IT Coordinator to set up and configure the plotter, scanner, and PC controller system, take it down and reset up in our temporary offices, then take it down and reset it up in the permanent offices. To minimize that extra work, she has recommended that we wait to acquire the scanner until after we move into our remodeled offices so the whole three -part system can be set up just once. Attached is a resolution authorizing the carry over of the $5,000 to the 2002 budget. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AMENDING THE 2002 ENGINEERING BUDGET TO CARRY FORWARD AN UNEXPENDED APPROPRIATION FROM THE 2001 ENGINEERING BUDGET WHEREAS, Section 7.08 of the City Charter provides the City Council with the authority to appropriate funds from the accumulated surplus in an amount equal to previous appropriation in the General Fund Budget, if not in fact expended or encumbered for that purpose in the previous fiscal year; and WHEREAS, the 2001 General Fund Engineering Services budget included a $5,000 appropriation for the replacement of the large format engineering copier with a large format scanner; and WHEREAS, the IT Coordinator recommended that purchase of the scanner be delayed until remodeling of the Engineering offices is complete. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The 2001 General Fund Budget is amended to reduce the Engineering Services Computer Equipment appropriation by $5,000. 2. The 2002 General Fund Budget is amended to increase the Engineering Services Computer Equipment appropriation by $5,000. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 7e e • • MEMORANDUM DATE: January 9, 2002 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Authorizing the Extension of an Agreement with Hennepin County Regarding Use of the County's Electronic Proprietary Geographical Digitized Data Base The City of Brooklyn Center obtains its base map information from Hennepin County. This serves as the Geographic Information Systems (GIS) basis from which all our mapping is prepared. Our agreement with Hennepin County requires us to annually reauthorize our Conditional Use License Agreement so that we may continue to obtain base map updates. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AUTHORIZING THE EXTENSION OF AN AGREEMENT WITH HENNEPIN COUNTY REGARDING USE OF THE COUNTY'S ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATA BASE WHEREAS, the City desires to continue to have access to and use the County's Electronic Proprietary Geographical Digitized Data Base for automated mapping; and WHEREAS, by resolution 2001 -20 the City Council authorized the execution of an agreement with Hennepin County detailing the terms of usage for the 2001; and WHEREAS, to continue the desired access Hennepin County has asked that the City Council consider extending the Agreement from January 1, 2002 to December 31, 2002. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, agrees that the terms and conditions of said Conditional Use License Agreement are hereby extended to December 31, 2002. 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. 7f • January 9, 2002 MEMO TO: Michael J. McCauley, City Manager FROM. Jane A. Chambers, Assistant City Manager SUBJE Settlement Agreement with Bossardt Corporation The City entered into a Construction Management Agreement with the Bossardt Corporation for building of the Police and Fire facilities in late 1997. During the course of the construction and particularly after the buildings were completed, the City and Bossardt Corporation had many disputes about resolving outstanding contracts and change- orders. These problems and issues with the Bossardt Corporation have been reported several times to the City Council. As you are aware, all of the individual disputes with contractors have been settled for some time. I worked with our attorney, Stephen Melcher, to settle all of the construction issues outstanding at the time of Bossardt's departure from the project. S The Bossardt Corporation has signed a settlement agreement and has returned it to the City for our signature. At the time this agreement was negotiated with Bossardt through our attorney, the City had some interest in clarifying its status with the Bossardt Corporation because of one other outstanding dispute, the dispute between the City and the Hanson Spancrete Corporation. However, well before Bossardt returned a signed agreement, the City's dispute with Hanson Spancrete and the City was resolved. The Bossardt agreement was negotiated over the course of many months, and was not acted upon by Bossardt Corporation for at least six months after the initial agreement was negotiated. They apparently are now interested in having the agreement fully executed. The only advantage to the City in signing the agreement is to have the matter formally settled. There are no funds due to Bossardt Corporation as a result of the agreement. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN SETTLEMENT AGREEMENT BETWEEN CITY OF BROOKLYN CENTER AND BOSSARDT CORPORATION WHEREAS, the City of Brooklyn Center entered into an agreement with the Bossardt Corporation to provide construction management services for the construction of new police and fire stations located in the City of Brooklyn Center, Minnesota; and WHEREAS, certain disputes arose with regard to final payment for amounts owed under these contracts that have now been resolved between the parties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager is authorized to sign a settlement agreement that provides for resolution of all claims and disputes between the City of Brooklyn Center and the Bossardt Corporation with regard to the agreement dated November 15, 1997. • 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. • FABYANSKE, WESTRA & HART A PROFESSIONAL ASSOCIATION B.0 HART CHRISTOPHER P. CHILSTROM M T. FABYANSKE JOCELYN L. KNOLL • MARK W W STEVEN C. COX JEREMIAH J. . KEAR KEARNEY SUITE 1100 JULIE A. DOHERTY DENNIS J TROOIEN AARON A DEAN SCOTT LLOYD ANDERSON 920 SECOND AVENUE SOUTH SCOTT A. JOHNSON PAUL L. RATELLE DYANNA L. STREET GREGORY T. SPALJ MINNEAPOLIS, MINNESOTA 55402 PATRICK J LEE- O'HALLORAN DEAN B. THOMSON DANIEL J MCGARRY GARY C. EIDSON TELEPHONE 612- 338 -0115 FREDERICK H LADNER KYLE E. HART MICHAEL W. DVORAK JUDITH E. KROW FAX 612- 338 -3857 TOWLE H NEU STEPHEN A. MELCHER PATRICK R. ROHLAND RICHARD G JENSEN NATHAN E. RAY THOMAS J TUCCI THEODORE V. ROBERTS CHARLES G. CARPENTER, III November 21, 2001 OF COUNSEL: GORDON P HEINSON JAYNE E. GARDNER RENEE K ZIRBES EMAIL SAMELCHER @MINNLAW COM DIRECT (612) 336 -9526 Jane Chambers City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Re: Brooklyn Center Police Station and Fire Station Projects Dear Jane: I am forwarding two originals of the Settlement Agreement and Mutual Release between • the City and Bossardt which have been signed by Bossardt. Would you please forward a fully - executed original to Bossardt's attorney, Mike Taylor, and copy me with the letter and the enclosure. The second original is for your file (circular or otherwise). Thanks. Very truly yours, Stephen A. Melcher Enclosures • N:\PL \SAM \161374.doc • CONFIDENTIAL SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ( "Settlement Agreement and Release ") is entered into this 28th day of August 2001, by and between the City of Brooklyn Center ( "City ") and Bossardt Corporation ( "Bossardt "). Whereas, on November 15, 1997, the City and Bossardt entered into an Agreement, pursuant to which Bossardt was to provide construction management ement services for the p g construction of new olice and fire stations located in the City of Brooklyn Center Minnesota p Y Yn all as more fully described in the Agreement ( "the Project "). Whereas, disputes have arisen between Bossardt and the City with regard to various issues related to the Agreement and Bossardt's provision of construction management services to the City, including but not limited to Bossardt's entitlement to additional sums it claims are due and owing under the Agreement, responsibility for project delays and cost overruns, and responsibility for amounts still due and owing contractors and suppliers (collectively "Disputes "). Whereas, Bossardt and the City have each indicated that they believe they have grounds for asserting claims against the other with regard to these Disputes; and Whereas it is the desire of the City and Bossardt to fully compromise and settle all claims that either party has or may have against the other, now or in the future, arising out of or relating to the Disputes; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, 20204141 IT IS HEREBY AGREED as follows: 1. Bossardt's Release of Direct Claims. Bossardt, for good and valuable consideration, for itself, and for its partners, sureties, insurers, predecessors, successors, affiliated companies and partnerships, assignees, agents, administrators, executors, officers and representatives (collectively "Bossardt and its Related Parties ") does hereby release and forever discharge the City for itself, and for its p artner s, sureties insurers predecessors, successors affiliated companies and p � � p p partnerships, assignees, agents, administrators, executors, officers and representatives (collectively "the City and its Related Parties ") from any and all manner of direct action or actions, suits, claims, damages, judgments, levies and executions, whether known or unknown, liquidated or unli uidated, fixed, contingent, which it ever had, q q g • has, or may have against the City and its Related Parties arising out of or related to the Disputes, the Agreement or to any construction management or other work or services provided by Bossardt for the Project or the Disputes. 2. The City's Release of Direct Claims. The City and its Related Parties do hereby release and forever discharge Bossardt and its Related Parties from any and all manner of direct action or actions, suits, claims, damages, judgments, levies or executions, whether known or unknown, liquidated or unliquidated, fixed, contingent, which it ever had or has against Bossardt and its Related Parties, arising out of or related to the Agreement, any construction management or other work or services provided by Bossardt for the Project or the Disputes. 3. Mutual Release of Indirect Claims. The City and its Related Parties on the one hand and Bossardt and its Related Parties on the Other Hand, as "Releasors," also ® expressly release e er, contribution, p y ch oth as Releasees, from any co tnbution, y or 2020414v1 2 • other indirect or derivative claims a Releasor may now or in the future have against a Releasee arising out of the assertion of a claim by any other Project participant against the Releasor. 4. Mutual Agreement to Defend and Indemnify. The City and Bossardt, as "Indemnitors," also agree to defend and indemnify each other, as "Indemnitees," with respect to any contribution or indemnity claim asserted against an Indemnitee by any other Project participant arising out of the assertion of a claim by an Indemnitor against such other Project participant. 5. It is expressly understood that these mutual releases and defense and indemnity obligations identified in paragraph 1 -4 above shall not be construed as an admission of liability by or on behalf of the City or by Bossardt, by whom liability is expressly denied. It is further understood that this Settlement Agreement and Release represents a compromise of disputed claims, and that the City and Bossardt expressly deny any liability to each other. 6. Bossardt warrants that, except as Bossardt disclosed to the City on or before February 29, 2000, it is not aware of any potential claims against the City by other Project participants. Bossardt warrants to the City, and the City warrants to Bossardt, that Hanson Spancrete Midwest, Inc., fk/a Spancrete Midwest Company, has released Bossardt and the City, respectively, from any claims arising out of the Project. 7. Irrespective of anything to the contrary herein, Bossardt agrees to provide the City with "as- builts" for the Project (i.e., its set of drawings for each site showing field modifications and other variances from the original drawings pertaining to the buildings as well as the sewer & water, mechanical, plumbing and electrical systems) • 2020414v1 3 • and Bossardt agrees to forward to the City any close -out documents (e.g., warranties and operation manuals) in its possession. 8. The City and Bossardt represent that no promise, inducement or agreement has been made, except as expressly set forth herein, and that this Settlement Agreement and Release contains the entire agreement between the parties hereto, and that the terms herein are contractual and not a mere recital. The City and Bossardt further agree that this Settlement Agreement and Release cannot be amended, modified or supplemented, except by a writing fully executed by both parties or their designated representatives. 9. The parties agree that the terms of this Settlement Agreement and Release shall be governed by Minnesota law, and that any dispute regarding the terms of, or breach of ® this Settlement Agreement and Release shall be heard in a Minnesota District Court. 10. The undersigned, by execution hereof, state that the terms of the Settlement Agreement and Release have been read completely and are fully and voluntarily acceptable for the purpose of making a full and final compromise, adjustment and settlement of the claims more fully identified above. IN WITNESS WHEREOF, the undersigned have executed this Settlement Agreement and Release as of the date and year written above. BOSSARDT C TION CITY OF BROOKLYN CENTER B: B: Y Y Its: Its: • 2020414v1 4 • City Council Agenda Item No. 7g • Memorandum Date: January 8, 2002 To: Michael J McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: Correction to 2002 Pay Plan At the Decemberl0, 2001, City Council meeting, the City Council adopted the 2002 Pay Plan. This plan provides for wages, salaries and certain benefits for the non - organized employees and identifies the wages and benefits as contained in labor agreements for organized employees. During 2001, the Teamster's Supervisory bargaining unit was decertified. The wage and salary tables for members of this group were partially updated in April, 2001. Some of the wage rates reflected the across -the -board increase approved by the City Council for 2001 for several positions while several others did not reflect this same increase. When • direction was given to provide an across - the -board increase for 2002, I assumed that the tables previously set out were correct and applied the proposed increase to those tables. During your review, you discovered that some of the positions had been increased a second time by the 2001 across - the -board increase before I applied the 2002 proposed increase. This pay plan was presented and adopted by the City Council on December th 10 We have corrected the problem and applied the 2002 increase to the correct 2001 base amounts. A copy of that corrected plan is attached to this memorandum for City Council consideration. We have drafted a resolution identifying the correction and request the matter be placed before the City Council for consideration. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION MODIFYING THE FULL -TIME EMPLOYEE PAY PLAN FOR CALENDAR YEAR 2002 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center requires that the City Council shall fix the salary and benefits of all officers and employees of the City ; and WHEREAS, the 1984 Pay Equity Act as adopted and amended by the legislature requires every political subdivision of the State of Minnesota to establish "equitable compensation relationships" between its employees; and WHEREAS, the City Council has reviewed the 2002 Full -time Employee Pay Plan; and WHEREAS, an individual employee's movement through their respective pay schedule reflects a progression in corresponding levels or improved job performance; and NOW THEREFORE BE IT RESOLVED that the City ouncil of t y z he City of • Brooklyn Center hereby sets wages, salaries and certain benefits for the calendar year 2002 by adoption of the modified Pay Plan and allows the City Manager to set appropriate increases to the part-time schedule consistent with other employee groups, which the City Manager shall be authorized to pay. BE IT FURTHER RESOLVED that the City Manager may reclassify, adjust, add and /or delete position(s) to pay grades in the Pay Plan(s) but is limited to authorizing increases due to Pay Equity Act compliance and by the Annual Budget constraints adopted by the City Council; and BE IT FURTHER RESOLVED that the 2002 Full -time Pay Plan is approved and adopted because it is in general an equitable pay plan for City Employees; however, parts of the Pay Plan are approved and adopted solely for the purpose of compliance with the mandates of Minnesota Statutes, Section 471.999; that adoption of the Pay Plan shall create no vested rights, terms or conditions of employment or entitlement to any given level of compensation for any employee or group of employees; that the Pay Plan shall be subject to continuing review and reconsideration and may be amended from time to time by the City Council; and • I ® RESOLUTION NO. BE, IT FURTHER RESOLVED, that the City Manager be authorized to employ full and part-time and /or temporary employees as may be necessary, and to establish competitive rates of pay for such help consistent with the 2002 budget appropriations and to make interim appointments to fill vacant positions whenever a position is vacant because a regular employee is on leave of absence, vacation leave, sick leave, or is absent for any other reason, and to establish rates of pay for such appointments consistent with the 2002 budget appropriations; and BE, IT FURTHER RESOLVED, that authorized wage adjustments, not to exceed the maximums contained herein, shall become effective January 1, 2002. 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. s 1 2002 City Manager and Department Head Pay Plan Exempt from overtime (not eligible for overtime) l • ca ©r tote lul »mur ; >: Maximum:: >:: >:� City Manager: Salary pursuant to employment contract (Assistant City Manager /HR Director I $ 70,000 I $ 78,106 (Director of Fiscal & Support Services I $ 74,412 I $ 91,966 (Chief of Police I $ 74,412 I $ 91,966 (Director of Public Works ( $ 74,412 ( $ 91,966 (Director of Community Development $ 63,244 I $ 78,106 (Fire Chief $ 63,044 I $ 77,769 ( Community Activities, Recreation, $ 62,475 I $ 77,156 & Services Director 12002 City Manager and Department Head Pay Flan (The City Manager is authorized to set salaries within the established ranges. • City Council Agenda Item No. 7h • • ® Memorandum Date: January 9, 2002 To: Michael J McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: Designated Depositories Each year, we are required to designate the official depositories for City funds. We have prepared a resolution for City Council consideration identifying the official depositories for 2002. The list has changed only slightly from 2001 in that First Bank services including trust and investment activities are now provided by U.S. Bank and U.S. Bank Corporate Trust. Second, Firstar Bank has been sold and no longer has a presence in the Community under that name. We have added Morgan - Keegan and Company as an investment dealer similar to Dain Bosworth and Soloman, Smith, Barney operations. Morgan- Keegan • offers additional access to federal agency issues at more competitive rates. In addition, they offer private insurance coverage through the Traveler's Insurance Company up to $50.0 million for all investment activity by the City through their firm. This is twenty times the amount other investment dealers offer for similar services and activities. It is our recommendation that the resolution identifying the depositories for 2002 by approved by the City Council. memMcCauley010902. doc I • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS WHEREAS, Section 7.01 of the City Charter provides the City Council with authority over City funds that includes the safekeeping and disbursement of public monies; and WHEREAS, Section 7.01 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the City Manager and City Treasurer; and NOW THEREFOR BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. That Wells Fargo Bank Brookdale is hereby designated as the depository for funds of the City of Brooklyn Center 2. That the following named banks and brokers are hereby designated additional • depositories to be used for investment purposes: Federal Reserve Bank of Minneapolis U.S. Bank, National Association U.S. Bank Corporate Trust of St. Paul Wells Fargo Bank of Minneapolis Minnesota Municipal Money Market Fund (4M Fund) Dain - Bosworth Salomon, Smith, Barney and Company Morgan- Keegan and Company Twin City Federal Savings and Loan Association The City Treasurer is hereby authorized to deposit funds in accounts guaranteed by the Federal Deposit Insurance Corporation (FDIC), the Federal Savings and Loan Insurance Corporation (FSLIC) or the Securities Insurance Protection Corporation (SIPC). Funds deposited with designated depositories in excess of the insured amounts provided by the insurance of individual institutions or companies shall not exceed the ninety percent (90 %) of the collateral pledged by the depository to the City or other such insurance provided by the depository and approved by the City. 3. That PNC Merchant Services is hereby designated as the clearinghouse depository for credit card sales at Brooklyn Center Liquor Store. • RESOLUTION NO. 4. That U.S. Bank, National Association, is hereby designated as the clearinghouse depository for credit card sales at the Earle Brown Heritage Center. 5. That Chase Merchant Services, LLC, is hereby designated as the clearinghouse depository for credit card sales for the Recreation Department and Golf Course. 6. That the City Council authorizes the City Manager, the City Treasurer or the Deputy City Treasurer to act for the City in all of its business activities with these designated depositories. Date Mayor ATTEST: City Clerk • The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8a s ® MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning Sp e._ alist,C DATE: November 19, 2001 SUBJECT: Council Consideration Item An Ordinance Establishing the Central Commercial Overlay District On the November 26, 2001, City Council agenda is consideration of a first reading on an ordinance amending Chapter 35 (Zoning Ordinance) that would establish a Central Commercial Overlay District in Brooklyn Center. The boundary for the district is defined in the proposed Section 35 -2240, Subdivision 4, and is shown on the attached map. It is generally an area bounded on the east and southeast by T.H. 100; on the west by Brooklyn Boulevard; on the north by an extended east /west line from Brooklyn Boulevard (approximately 445 ft. north of its intersection with County Road 10) to Shingle Creek Parkway and along the north property line of the Brookdale Square Shopping Center to John Martin Drive; then back to T.H. 100. The overall purpose of the overlay ordinance is to establish some guidelines to protect and enhance this defined area. It is believed that certain uses are totally inappropriate given the • nature of the ongoing redevelopment of this area (the Brookdale PUD, the Brookdale Corner redevelopment, etc.). Their exclusion is expected to preserve and enhance this area. Also, the ordinance amendment would allow the potential development of other ordinance regulations, restrictions and /or enhancements for this area at a future date that would not impact other similarly zoned areas. The uses excluded would include sauna establishments, massage establishments, currency exchanges, pawn shops and secondhand good dealers. It should be noted that the underlying zoning designations would still be effective and be the controlling regulations in the overlay area, other than what might be specifically set forth by this ordinance. The Planning Commission reviewed the draft ft ordinance at its meeting n November 14 2001 g , and recommended it to the City Council for consideration. It is recommended that the City Council have a first reading on the ordinance amendment and set it for public hearing and adoption. CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 14 day of January 2002, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance establishing the Central Commercial Overlay District. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 612 -569 -3303 to make arrangements. ORDINANCE NO. AN ORDINANCE ESTABLISHING THE CENTRAL COMMERCIAL OVERLAY DISTRICT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35 -2000 of the City Code of Ordinances is amended as follows: Section 35 -2000. OVERLAY DISTRICTS. In addition to the land use districts listed in Section 35 -300 of this ordinance, the following Overlay Districts are hereby established: 1. Flood Plain District • 2. Critical Area District 3. Historical Preservation District 4. CC Central Commerce Overlay District Any land which is classified by this ordinance as being within an Overlay District shall be subject to the regulations governing land use activities within such a district in addition to the use regulations established in Sections 35 -300 through 35 -331 of this ordinance, and to any other regulations as applicable. Section 2. The City Code of Ordinances is amended by adding new section 35 -2240 as follows: Section 35 -2240. CC CENTRAL COMMERCE OVERLAY DISTRICT 1. Land may be designated as being within the CC Central Commerce Overlay District by city ordinance. Land use within any area so designated shall comply with the regulations of this section in addition to all regulations applicable to the underlying land use district established in Sections 35 -300 through 35 -331 of this Code and other regulations as applicable. ORDINANCE NO. 2. Uses allowed in the underlying land use district are allowed in the CC Central Commerce Overlay District except as provided in this section. 3. The following uses are not permitted in the CC Central Commerce Overlay District: a. sauna establishments b. massage establishments C. currency exchanges d. pawn shops e. secondhand goods dealers 4. The following area is hereby established as being within the CC Central Commerce Overlay District: The CC Central Commerce Overlay District is located within the area bounded by a continuous line beginning at a point located at the intersection of John Martin Drive and T.H. 100 and going southwesterly along the centerline of T.H. 100 to its intersection with Brooklyn Boulevard; thence northerly along the easterly right -of -way line of Brooklyn Boulevard to a point located approximately 445' • northerly of its intersection with County Road No. 10; thence east along an extended line made up of the south boundary lines of the plats for Grimes 2nd Addition, Hipp's 4"' Addition and Hipp's 5 Addition, Hennepin County, continued to Shingle Creek Parkway; thence northerly along the east right -of -way line of Shingle Creek Parkway to the north boundary line of the plat for Brookdale Square 2n Addition, Hennepin County; thence easterly along said line to the John Martin Drive right -of -way line; thence southerly to the point of the beginning. Section 3. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 9 2002. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Underline indicates new matter; strikeout indicates matter to be deleted.) • • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 14, 2001 CALL TO ORDER The Planning Commission meeting was called to order by Chair ProTem Graydon Boeck at 7:50 p.m. ROLL CALL Chair Pro Tem Graydon Boeck, Rex Newman, Sean Rahn, and John Whitehead were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Stephen Erdman and Dianne Reem were absent and excused. Chair Tim Willson arrived at 8:00 p.m. APPROVAL OF MINUTES — SEPTEMBER 13, 2001 There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to approve the minutes of the September 13, 2001 meeting as submitted. The motion passed • unanimously. CHAIR'S EXPLANATION Chair Pro Tem Boeck explained the Plai�ning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. Mr. Warren asked if the Planning Commission members whose terms will expire on December 31, 2001 are interested in reappointment to the Commission. Commissioners Newman and Whitehead answered in the affinnative. Commissioner Erdmann was absent and Mr. Warren will contact him about his interest in reappointment. AN ORDINANCE ESTABLISHING THE CENTRAL COMMERCIAL OVERLAY DISTRICT Mr. Warren presented to the Planning Commission an overview of an ordinance establishing the Central Commercial Overlay District. The area proposed is the area bounded by Highway 100 on the east, Brooklyn Boulevard on the west, to a point approximately 445' northerly of the intersection of County Road 10 and Brooklyn Boulevard then east to Shingle Creek Parkway, then along the north side of the Brookdale Square Center to John Martin Drive, then back to Highway 100. He explained that the District is geared towards the way the City is currently zoned. The underlying zones will still remain in this area and existing uses will continue to be allowable under the proposed ordinance. It has been recommended to establish the Central ® Commerce Overlay District to protect the area from some uses that the City Council believes are 11 -14 -01 Page 1 • not appropriate in this area such as sauna establishments massage establishments currency g , Y exchanges, pawn shops and secondhand goods dealers. No such uses currently exist in this area. The area currently contains current redevelopment such as the Brookdale PUD and the previously redeveloped area at Brookdale Corner (Cub redevelopment site). Mr. Warren further explained that the City recently had to acquire the property at 5801 Xerxes Avenue (the old Jerry's site) to prevent this type of use at this location. Commissioner Rahn asked why uses such as those mentioned are considered inappropriate at the Jerry's site but are allowed in the Northbrook Shopping Center. Mr. Warren responded that these uses must be allowed somewhere in the City and the licensing regulations for these businesses limit these types of uses in certain areas. Since these uses are already allowed in an area such as Northbrook, the ordinance could not be changed to disallow the type of use. Commissioner Rahn responded that he feels there may be businesses that the City does not want near Brookdale that are being pushed into other areas such as Northbrook which is surrounded by a residential area. Commissioner Boeck stated that the purpose of this ordinance is to maintain the integrity of the area surrounding Brookdale. Mr. Warren added that establishing this area also opens up the opportunity in the overlay area for development requirements not required in other areas and that • the existing underlying zoning designations remain the same and the existing uses would be allowed. It is believed that the overlay ordinance will better protect the efforts being made in the Central Commercial area. There was discussion by the Commission members about the wording in Section 35 -2240. Mr. Warren explained that the ordinance had been drafted by the City Attorney. He also noted that it is designed so that other appropriate q g ro riate re uirements or regulations could be added at sometime in the future. There was a motion by Commissioner Rahn to add the Northbrook Shopping Center at 57 and Logan Avenues to the area being established as within the Central Commerce Overlay District. Chair Willson asked for a second to the motion. The motion died due to lack of a second. There was a motion by Commissioner Boeck, seconded by Commissioner Willson, to recommend that the City Council adopt the ordinance establishing the Central Commercial Overlay District. Voting in favor: Chair Willson, Commissioners Boeck, Newman, Rahn and Whitehead. The motion passed unanimously. COMMERCIAL ZONING REORGANIZATION Mr. Warren next presented to the Planning Commission for review and discussion an overview of a draft commercial zoning reorganization. This draft ordinance proposal would allow for four zoning districts: C -1 (Neighborhood Commercial District), C-2 (Brooklyn Boulevard 11 -14 -01 Page 2 • Commercaal District), Central Commercial District), -4 (Highway e ), ( ), C ( gh y Comm rcia 1 District). The proposed reorganization shuffles uses so that they are based more on location. One change includes limitations in the C -1 zone for businesses such as gas stations and certain eating establishments. He added that fast food restaurants would not be allowed in the C -1 zone but would be allowed in the C -2, C -3 and C -4. A discussion followed regarding outside storage associated with certain uses. Mr. Warren explained that similar uses would be allowed in both C -1 and C -3 zoned property, however, outside storage is not allowed in C -1 even with appropriate screening provided. Chair Willson suggested a change to the proposed ordinance in Section 35 -320, Subdivision la, to remove all references to "no outside storage is allowed" in the C -1 (Neighborhood Commercial District). It was the consensus of the Commission to make this change. Mr. Warren stated that Commissioner Erdmann had a concern with uses such as recreation and amusement places in the C -2 zone since they require such a large parcel of land. Commissioner Erdmann felt that perhaps they should be limited to the C -3 and C -4 zones only. Chair Willson responded that it has been a long term plan to combine parcels of land along Brooklyn Boulevard (which would be in the proposed C -2 zone) to create larger parcels for commercial developments. It was the consensus of the Commission that such uses listed in the • ordinance would be appropriate along Brooklyn Boulevard. Mr. Warren described the area of 53 and Dupont, which contains an auto repair business, and suggested that it remain a non - conforming use as it does not seem to fit the requirements for any proposed zoning district with the current business that is there. Mr. Warren added that this ordinance amendment abandons the requirement for a 35 ft. green strip along major thoroughfares and replaces it with a 15 ft. green strip requirement. He also stated that mini storage facilities have not been allowed in the past in any commercial zoning district. With this change, they would only be allowed in C -4 (Highway Commercial) zone. Commissioner Newman commented about a change to the proposed permitted uses in the C -1 district. He suggested under item h, "electrical repair service shops, radio and television repair service shops" be eliminated and replaced with "consumer electronics ". It was the consensus of the Commission to make this change. Commissioner Newman suggested that under Section 35 -411 any reference to the requirement for trees at new nursing homes be eliminated. Mr. Warren was in agreement noting the landscape point system generally provides for adequate landscape requirements for all new construction. Commissioner Rahn asked Mr. Warren if Super America at 57` and Logan is a special use in • that zoning district. Mr. Warren responded that Super America is a Special Use in the C -2 zone 11 -14 -01 Page 3 e and is considered a non- conforming use because it abuts R -1 zoned property. The only way Super America could expand is under a PUD rezoning. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:15 p.m. Chair Recorded and transcribed by: Rebecca Crass • • 11 -14 -01 Page 4 i City Council Agenda Item No. 9a • • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF LES THURS WHEREAS, Les Thurs was a resident of the City of Brooklyn Center for 41+ years; and WHEREAS, Les Thurs served the community through his 36 year affiliation with the Brooklyn Center American Little League program; and WHEREAS, Les Thurs served as President of the American Little League for 13 years; and WHEREAS, Les Thurs involvement with the Little League program consistently promoted a very positive image of Brooklyn Center; and WHEREAS, Les Thurs exhibited a dedication to his community that included countless hours and a personal commitment to youth baseball programs; and WHEREAS, his 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 his service to the community should be ec r o nized and expressed. g p NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the dedicated public service of Les Thurs is hereby recognized and appreciated by the City of Brooklyn Center and that the Council's sympathy be extended to his family in recognition of both their and the community's loss with the recent death. 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 0 • MEMORANDUM DATE: January 8, 2002 TO: Michael J. McCauley, Manager Y� Y g FROM: Diane Spector, Director of Public Work SUBJECT: Resolution Expressing Recognition Of And Appreciation For The Dedicated Public Service Of David Anderson On January 18, 2002 David Anderson will retire from the city of Brooklyn Center. For the past 21 years as Engineering Technician 4 senior eng ineering technician) he has contributed»;` greatly to the success of numerous improvement projects as well as provided substantial and varied engineering service to the community. On the occasion of Dave's 20` anniversary recognition, we added up the value of the projects on which Dave has served as lead designer and/or construction manager - over 130 projects totaling over $36 million. These projects varied from multi - million dollar neighborhood street and utility projects to modest sidewalk repair projects. Dave approaches each with the same level of professionalism and energy. Over the past 21 years the Engineering Division has undergone some major changes, and Dave has been an integral part of that. When Dave started we were in "maintenance mode ": constructing a few utility and MSA street projects in addition to annual projects to repair our streets, utilities, sidewalks, and trails. Nine years ago we began the systematic Neighborhood Street and Utility Improvement Program — in addition to constructing most of the other types of projects. This major workload increase was accomplished by-adding one Engineering Technician — and totally changing the way projects are designed and constructed. Dave has successfully led our staff of three Engineering Technician 3's and one Engineering Technician 2 in that change. We have gone from survey and design methods that were essentially hundreds of years old to total computerization. Dave, however, still prefers to draw, and can produce, a simple plan quicker by hand than others can using automated methods. Dave has also researched new and changing construction methods and materials, often making suggestions that have resulted in considerable savings to the City. Dave's principle contribution to Public Works has been his wide and varied knowledge and abilities. Dave can design a lift station one day and make recommendations to a property owner about the best species of boulevard tree the next, in between juggling tasks as diverse as managing a sealcoating project, reviewing the site plan of a proposed development, supervising traffic counts, and calculating storm drainage areas to a detention pond. • After retirement from the City, Dave will continue to work part time for a private engineering firm. I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DAVID ANDERSON WHEREAS, David Anderson has been an employee of the City of Brooklyn Center in the Engineering Division of the Public Works Department from April 27,1981 to July 8, 1987 and November 30, 1987 to January 18, 2002 ; and WHEREAS, David Anderson has faithfully served the residents of the City of Brooklyn Center by providing engineering services and managing construction projects; and WHEREAS, his 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 his 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 upon recommendation of the City Manager, that the dedicated public service of David Anderson is hereby recognized and appreciated by the City of Brooklyn Center. I Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: • whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9c • ® PROCLAMATION DECLARING WE CARE ABOUT KIDS MONTH WHEREAS, Community Ahead and the Northwest YMCA are hosting the hick -off of wE CARE ABOUT KIDS MONTH on Saturday, February 2, 2002, as a free family event to promote youth assets; and WHEREAS, there are 40 development assets identified as the framework for healthy growth in our children, including family support, bonding to school, malting good decisions, resolving conflicts, and contributing to community; and WHEREAS, these 40 development assets will be the focus of WE CARE ABOUT KIDS MONTH through the volunteer efforts of community businesses, resource agencies, and schools; and WHEREAS, it is everyone's responsibility to build assets and help young people reach their potential; and WHEREAS, we encourage all residents of our community to attend the event to build assets while enjoying free entertainment, demonstrations, a student art show, free food, and the fourth annual Youth Asset Builder Role Model Awards on February 2, 2002, from 10:00 a.m. to 4:00 • p.m. at the Northwest YMCA in New Hope. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim that we are a City that cares about Rids. BE, IT FURTHER RESOLVED, that February 2002, is declared WE CARE ABOUT KIDS MONTH throughout the City. Date Mayor Attest: City Clerk • i City Council Agenda Item No. 9d • i Memorandum Date: January 8, 2002 To: Michael J McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: Audit Services At the December 10, 2001 City Council meeting, the City Council authorized the City Manager to execute an engagement letter for audit services following review and recommendation by a committee of Council Members, Financial Commission members and staff. Following the interviews with four firms, Deloitte and Touche; HLB Tautges and Redpath; Larson, Allen and Weishair and MMKR, the Committee recommended that the audit services agreement by awarded to Deloitte and Touche. (Deloitte and Touche have provided audit services for the City for several years.) The attached resolution confirms that recommendation and direction to engage Deloitte ® and Touche for audit services for 2001. mMemMcCauley010803.doc • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION AWARDING AUDIT SERVICES AGREEMENT TO DELOITTE AND TOUCHE WHEREAS, City policy directs that audit services be solicited at a maximum of six year intervals; and WHEREAS, the City Council approved and RFP for audit services, directed publication of the RFP, received proposals and directed engagement subject to Council approval; and WHEREAS, a committee of the Council and Financial Commission have reviewed proposals and interviewed four firms; and WHEREAS, the committee, following review and interviews, has recommended that the audit services agreement be awarded to Deloitte and Touche for 2001 audit services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the City Council hereby confirms the audit services agreement • for 2001 audit services award to Deloitte and Touche. Date Mayor ATTEST: City Clerk The motion for adoption of the forgoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: whereupon said resolution was declared duly passed and adopted. Deloitte &Touche LLP 400 One Financial Plaza 120 South Sixth Street Minneapolis, Minnesota 55402 -1844 Tel: (612) 397 -4000 • Fax: (612) 397 -4450 www.us.deloitte.com Deloitte &Touche December 17, 2001 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota Dear City Manager and Council Members: We are pleased to serve as independent accountants and auditors for the City of Brooklyn Center (the City) for the year ending December 31, 2001. Mr. Cliff Hoffman, Partner, will be responsible for the services that we perform for the City. He will be assisted by Mr. Jim Platz, Manager. Mr. Hoffman will, as he considers necessary, call on other individuals with specialized knowledge, either in this office or elsewhere in our firm, to assist in the performance of our services. While auditing and reporting on the City's financial statements for the year ending December 31, 2001 is the service that we are to provide under this engagement letter, we would also be pleased to assist the City on issues as they arise throughout the year. Hence, we hope that the City will call Mr. Hoffman whenever • management believes he can be of assistance. This letter sets forth our understanding of the terms and objectives of our engagement, the nature and scope of the services we will provide, and the related fee arrangements. Audit of Financial Statements and Other Reporting: We will audit the City of Brooklyn Center's general purpose financial statements for the year ending December 31, 2001. In addition, we will audit the City's compliance with laws and regulations related to federal awards and provisions of the Minnesota Legal Compliance Audit Guide for Local Government, promulgated by the Legal Compliance Task Force, and report on the City's Schedule of Expenditures of Federal Awards. Our audits will be conducted in accordance with auditing standards generally accepted in the United States of America (generally accepted auditing standards); standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and Office of Management and Budget (OMB) Circular A -133, Audits of States, Local Governments, and Non-profit Organizations. We will plan and perform our audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud, and we will perform tests of the City's compliance with certain provisions of laws, regulations, contracts, and grants. However, because of the characteristics of fraud, particularly those involving concealment and falsified documentation (including forgery), a properly planned and performed audit may not detect a material misstatement. • Therefore, an audit conducted in accordance with generally accepted auditing standards is designed to Deloitte Touche Tohmatsu City of Brooklyn Center December 17, 2001 Page 2 obtain reasonable, rather than absolute, assurance that the financial statements are free of material misstatement. An audit is not designed to detect error or fraud that is immaterial to the financial statements or to detect immaterial instances of noncompliance. As part of our audit, we will consider the City's internal control and assess control risk, as required by generally accepted auditing standards and Government Auditing Standards, for the purpose of establishing a basis for determining the nature, timing, and extent of auditing procedures necessary for expressing an opinion on the financial statements, and not to provide assurance on the City's internal control or to identify reportable conditions. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. Our auditing procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will make audit inquiries and request written responses from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. As part of our audit of compliance with the requirements of major federal programs, we will obtain an • understanding of the City's internal control related to administering major federal programs and we will assess risk as required by OMB Circular A -133 for the purpose of establishing the nature, timing, and extent of auditing procedures necessary for expressing an opinion concerning compliance with laws and regulations related to major federal award programs. As required by OMB Circular A -133, our audit of compliance will also include tests of transactions related to federal award programs for compliance with applicable laws and regulations. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors, fraud, or illegal acts may exist and not be detected by us. We will advise you, however, of any matters of that nature that come to our attention, and will include such matters in the reports required for an audit in accordance with OMB Circular A -133. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that arise during any subsequent periods for which we have not been engaged as auditors or for which we have performed no substantive auditing procedures. The objective of an audit carried out in accordance with the standards described above is (1) the expression of an opinion concerning whether the financial statements present fairly, in all material respects, the financial position, results of operations, and cash flows of the City in conformity with accounting principles generally accepted in the United States of America (generally accepted accounting principles); (2) reporting on the internal control relevant to an audit of the financial statements; (3) reporting on the City's compliance with laws and regulations, which could have a material effect on the financial statements; (4) reporting on whether the schedule of expenditures of federal awards is fairly stated in all material respects when considered in relation to the basic financial statements taken as a whole; (5) reporting on our determination as to whether the City's internal control provides reasonable assurance of compliance with federal laws and other laws and regulations; (6) expressing an opinion on ® whether the City complied with specific terms and conditions of its major federal programs; and City of Brooklyn Center December 17. 2001 Page 3 • (7) preparing a schedule of findings and questioned costs to summarize the results of the audit in accordance with the requirements of OMB Circular A -133. The report on our understanding of the City's internal control and the assessment of control risk made as part of the City's financial statement audit will include (1) the scope of our work in obtaining an understanding of the City's internal control and in assessing the control risk and (2) the reportable conditions, including the identification of material weaknesses identified as a result of our work in understanding and assessing the control risk. In addition, we will render a report on illegal acts, as required, depending on the results of our audit procedures. We will complete and sign one copy of the auditor's information section of the Data Collection Form. City management must prepare all other sections of the form and sign the form prior to its submission to the Federal Bureau of the Census. Our ability to express an opinion and render those reports, and the wording of our opinion and reports, will, of course, be dependent on the facts and circumstances at the date of such reports. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or decline to issue a report as a result of this engagement. If we are unable to complete our audit or if our auditors' reports require modification, the reasons therefor will be discussed with city management and the City Council. • We understand that our reports on the City's internal control, as part of the financial statement audit, and on compliance with laws and regulations are intended for the information of the City Council, management, and others within the City and others in applicable State of Minnesota or federal organizations. Management's Responsibility: The financial statements are the responsibility of city management. In this regard, management has the responsibility for, among other things, (1) establishing and maintaining effective internal control over financial reporting, (2) properly recording transactions in the accounting records, (3) adjusting the financial statements to correct material misstatements, (4) making appropriate accounting estimates, (5) safeguarding assets, (6) the overall accuracy of the financial statements and their conformity with generally accepted accounting principles, and (7) making all financial records and related information available to us. Management is also responsible for compliance with laws, regulations, contracts, and grants, and for establishing and maintaining effective internal control to ensure such compliance with those requirements applicable to its activities. We will advise you about accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. We will make specific inquiries of city management about the representations embodied in the financial statements. As part of our audit procedures, we will request that management provide us with a representation letter acknowledging management's responsibility for the preparation of the financial statements and for compliance with laws and regulations applicable to federal award programs and affirming management's belief that the effects of any uncorrected financial statement misstatements aggregated by us during the current audit engagement and pertaining to the latest period presented are • immaterial, both individually and in the aggregate, to the financial statements taken as a whole. We will City of Brooklvn Center December 17, 2001 Page 4 • also request that management confirm certain representations made to us during our audit. The responses to those inquiries and related written representations of management required by generally accepted auditing standards are part of the evidential matter that we will rely on as auditors in forming our opinion on the City's financial statements. Because of the importance of management's representations, the City agrees to release and indemnify Deloitte & Touche LLP and its personnel from all claims, liabilities, and expenses relating to our services under this engagement letter attributable to any misrepresentation by management. If the City intends to publish or otherwise reproduce in any document our report on the City's financial statements, or otherwise make reference to Deloitte & Touche LLP in a document that contains other information in addition to the audited financial statements (e.g., in a periodic filing with a regulator, in a debt or equity offering circular, or in a private placement memorandum), the City agrees that prior to making any such use of our report, or reference to Deloitte & Touche LLP, city management will provide us with a draft of the document to read and obtain our approval for the inclusion or incorporation by reference of our report, or the reference to Deloitte & Touche LLP, in such document before the document is printed and distributed. The inclusion or incorporation by reference of our report in any such document would constitute the reissuance of our report. The City also agrees that city management will notify us and obtain our approval prior to including our report on an electronic site. Our engagement to perform the services described above does not constitute our agreement to be associated with any such documents published or reproduced by or on behalf of the City. Any request by the City to reissue our report, to consent to its inclusion or incorporation by reference in an offering or other document, or to agree to its inclusion on an electronic site will be considered based on the facts and • circumstances existing at the time of such request. The estimated fees outlined herein do not include any services that would need to be performed in connection with any such request to make use of our report, or reference to Deloitte & Touche LLP; fees for such services (and their scope) would be subject to our mutual agreement at such time as we are engaged to perform the services and would be described in a separate engagement letter. Other Communications Arising from the Audit: In connection with the planning and the performance of our audit, generally accepted auditing standards and Government Auditing Standards require that certain matters be communicated to the City Council. We will report directly to the City Council any fraud of which we become aware that involves senior management and any fraud (whether caused by senior management or other employees) of which we become aware that causes a material misstatement of the financial statements. We will report to senior management any fraud perpetrated by lower level employees of which we become aware that does not cause a material misstatement of the financial statements; however, we will not report such matters directly to the City Council, unless otherwise directed by the City Council. We will inform the appropriate level of management of the City and determine that the City Council is adequately informed with respect to illegal acts that have been detected or have otherwise come to our attention in the course of our audit, unless the illegal act is clearly inconsequential. If, after determining that the City Council has been adequately informed of an illegal act that has been detected or which has otherwise come to our attention in the course of our audit, we conclude that (1) the illegal act -has a material effect on the financial statements; (2) senior management has not taken, and the City Council has not caused senior management to take, timely and appropriate remedial actions with respect to the illegal act; and (3) the failure to take appropriate remedial actions is likely to result in a City of Brooklyn Center December 17, 2001 Page 5 departure from the standard auditors' report or warrant our resignation from the audit engagement, we will directly report our conclusions to the City Council and take such actions as are required by state or federal law to report such matters to funding agencies and appropriate legal authorities. We will also report directly to city management and the City Council matters coming to our attention during the course of our audit that we believe are reportable conditions. Reportable conditions are significant deficiencies in the design or operation of internal control that could adversely affect the City's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. In addition, we will communicate to the City Council, or determine that the City Council is informed, about certain other matters relating to the conduct of our audit, including, when applicable: • Our responsibility as auditors under generally accepted auditing standards, Government Auditing Standards, and OMB Circular A -133 • Significant accounting policies • Management judgments and accounting estimates • Audit adjustments • Other information in documents containing audited financial statements • • Disagreements with management • Consultation by management with other accountants on significant matters • Difficulties encountered in performing the audit • Major issues discussed with management prior to our retention as auditors We may also have other comments for management on matters we have observed and possible ways to improve the efficiency of the City's operations or other recommendations concerning internal control. With respect to these other communications, it is our practice to discuss all comments, if appropriate, with the level of management responsible for the matters, prior to their communication to senior management and /or the City Council. Coordination of the Audit: We understand that the City's employees will type all cash or other confirmations that we request and will locate any invoices selected by us for testing. Other assistance to be supplied by your personnel, including preparation of schedules and analyses of accounts, is described in a separate attachment. Timely completion of your personnel's work will facilitate the conclusion of our audit by the targeted completion dates. • City of Brooklyn Center December 17, 2001 Page 6 • We will notify you promptly of any circumstances we encounter that could significantly change the targeted completion dates. We are, of course, available to assist you in other areas that might arise. Access to Working Papers by Regulators: In accordance with the requirements of Government Auditing Standards and the Single Audit Act Amendments of 1996, we are required to provide access to our working papers and photocopies thereof to a federal agency or the Comptroller General of the United States upon their request for their regulatory oversight purposes. If such a request is made, we will inform you prior to providing such access. The working papers for this engagement are the property of Deloitte & Touche LLp and constitute confidential information. Access to the requested working papers will be provided to representatives of the United States General Accounting Office or other appropriate government audit staffs under the supervision of Deloitte & Touche LLp audit personnel and at a location designated by our firm. If photocopies are requested, we will mark all information as confidential and maintain control over the duplication of all information. All professional and administrative services relating to such access (including photocopying) will be charged as an additional expense to the engagement. The working papers relating to this audit will be retained by us for a minimum of three years from the date of the reports issued, or such longer period as may be required to satisfy legal and administrative requirements. Professional Fees: • Based upon our proposal and subsequent negotiations, our fee will not exceed $32,625. This fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Additional services provided beyond the described scope of services will be billed separately. Based on the anticipated timing of the work our fees will be payable approximately as follows: Invoice Date Amount January 1, 2002 $10,000 April 1, 2002 20,000 Balance upon issuance of reports Invoices will be sent according to the above schedule, and payments are due upon presentation. City of Brooklyn Center December 17. 2001 Page 7 • We appreciate the opportunity to continue to be of service to the City of Brooklyn Center. We have also enclosed a copy of our latest peer review report. If you have any questions, please let us know. If the above terms are acceptable to the City and the services outlined are in accordance with your understanding, please sign the enclosed copy of this letter in the space provided and return it to us. Yours truly, Ac al gre t on e alf of he City of Brooklyn Center: By Date • City Council Agenda Item No. 9e Office of the City Clerk City of Brooklyn Center A Millennium Community OTRANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk�n�U� DATE: January 8, 2002 SUBJECT: Select Presiding Officers - Mayor Pro Tem and Acting Mayor Pro Tem Section 2.06 of the City Charter requires the Council to choose from its members a mayor (president) pro tem who shall hold office at the pleasure of the Council and shall serve as Mayor (president) in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. City Council Resolution No. 92 -262, Establishing and Designating an Acting President Pro Tem of the City Council, states the most senior Council member shall preside in the absence of both the Mayor and Mayor pro tem, and that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. Following is a list of Council members by seniority and the votes cast per member in the most recent election. • • Kay Lasman (elected November 5, 1996, votes in most recent election — 7,118) • Bob Peppe (elected November 5, 1996, votes in most recent election — 6,135) • Ed Nelson (elected November 3, 1998, with 4,560 votes) • Tim Ricker (elected May 1, 2001, with 749 votes) Year 2000 Debra Hilstrom — Mayor (president) pro tem Kay Lasman — Acting Mayor (president) pro tem Year 2001 Kay Lasman — Mayor (president) pro tem Bob Peppe — Acting Mayor (president) pro tem For 2002, Mayor Kragness has indicated that she would ask for Council approval of her nomination of Bob Peppe as Mayor (president) pro tem. Kay Lasman would serve as Acting Mayor (president) pro tem. Attachments: City Charter Section 2.06 Resolution No. 92 -262 • 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 b. A uniform list of initial questions to be asked of all applicants shall be made available to the public and the applicants in advance of interviews. To the extent reasonably practicable, questions asked of all applicants at the interviews shall be uniform. 4. Selection Process. Upon completion of the interview process, the Council may call for a vote to appoint an applicant. Each Council member may cast only one vote for a preferred applicant on each called -for vote to appoint. No vote, which does not result in a majority vote for one candidate, shall result in elimination from consideration of any candidate. Written ballots listing the applicant(s) shall be used. Each Council member's vote shall be recorded. A simple majority of the Council votes shall appoint that applicant to the City Council. 5. If the Council pursues the appointment process but then fails to fill a vacancy within forty - five (45) days from the occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy. The special election will be held not sooner than one hundred five (105) days and not later than one hundred thirty -five (135) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held. 6. The City shall comply with the Minnesota Data Practices Act in all respects in the collection, management, and dissemination of data on applicants for City Council • vacancies. Section 2.06. THE MAYOR. The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a president pro tem who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and shall exercise all powers and perform all duties conferred and imposed upon the Mayor by this charter, the ordinances of the City, and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. The Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. In time of public danger or emergency the Mayor may, with the consent of the Council, take command of the police, maintain order and enforce the law. Section 2.07. SALARIES. The Mayor and the members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until the January 1 following the next succeeding general municipal election. The City Manager and all the subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. • City of Brooklyn Center -4- City Charter Member Dave Rosene introduced the following resolution • and moved its adoption: D RESOLUTION NO. 92 -262 � Q RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2.06 of the Brooklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tem who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tem may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS, the City Council desires to provide for an acting president pro tem who shall serve in the absence of the Mayor and president pro tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the most senior Councilmember shall preside in the absence of both the Mayor and Mayor pro tem. BE IT FURTHER RESOLVED that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. November 23, 1992 Date Todd Pauison, Mayor ATTEST: Pi y t � , P Deputy C erk The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen , and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9f Office of the City Clerk City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 8, 2002 SUBJECT: Resolution Expressing Recognition and Appreciation of Members Who Have Served on City Advisory Commissions The attached resolution recognizes the public service of citizens who have voluntarily served on the City advisory commissions and have either resigned as commission members during 2001 or terms expired. A Certificate of Appreciation will be presented to these commission members at the annual April commission recognition. Attachment 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 I its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS WHEREAS, several citizens have voluntarily served on City Advisory Commissions; and WHEREAS, their public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, their leadership and expertise have been greatly appreciated by the Brooklyn Center Advisory Commissions; and WHEREAS, it is highly appropriate that each member's service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of: Elizabeth Davis • NW Hennepin Human Services Council Advisory Commission 2/26/01 — 10/3/01 Housing Commission 7/10/00 - 10/3/01 Valerie Forsch, Park and Recreation Commission 8/27/01 - 12/31/01 Martin Frawley, Housing Commission 5/22/00 - 5/31/01 Kira Kieselhorst, Regional Human Rights Coalition 7/26/99 - 4/30/01 Art Mead, Park and Recreation Commission 5/9/88 - 6/29/01 is hereby recognized and appreciated by the City of Brooklyn Center and staff is directed to prepare individual certificates of appreciation for each commission member. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member • and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9g City of Brooklyn Center Office of the Mayor A Millennium Community • MEMORANDUM TO: Councilmembers Lasman, Nelson, Peppe, and Ricker FROM: Myrna Kragness, Mayor DATE: January 9, 2002 SUBJECT: Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives for Other Organizations for 2002 At the January 14, 2002, meeting, I would like to discuss and make appointments of City Council Members to serve as Council Liaisons to City Advisory Commissions and as Council representatives for boards, committees, or organizations in which the City participates. In 2001, Council Members were appointed as follows: Commission/Organization Council Member Financial Commission Bob Peppe • Housing Commission Ed Nelson Regional Human Rights Commission Kay Lasman Park and Recreation Commission Tim Ricker Crime Prevention Program Kay Lasman NW Suburbs Cable Communications Commission Ed Nelson League of Minnesota Cities Bob Peppe North Metro Mayor Association Myrna Kragness Association of Metropolitan Municipalities Ed Nelson, Tim Ricker I would request the Council to ratify the following appointments for 2002: Commission /Organization Council Member Financial Commission Ed Nelson Housing Commission Tim Ricker Regional Human Rights Commission Kay Lasman Park and Recreation Commission Bob Peppe Crime Prevention Program Kay Lasman NW Suburbs Cable Communications Commission Ed Nelson League of Minnesota Cities Kay Lasman North Metro Mayor Association Myrna Kragness Association of Metropolitan Municipalities Bob Peppe, Tim Ricker 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. 9h Office of the City Clerk City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 7, 2002 SUBJECT: Mayoral Appointments to City Advisory Commissions Several commission member terms on City advisory commissions expired December 31, 2001. Prior to term expiration, City staff liaisons to the commissions polled the members whose terms would expire to determine their interest in continuing serving on their respective commissions. All members indicated they wished to continue their voluntar public service on their respective commissions. Yp p Mayor Kragness sent a letter to the City advisory commission chairpersons requesting input regarding participation and attendance of these members. Mayor Kragness talked with each of the chairpersons, and they responded that they would recommend reappointment of the commission members. ® Attached is a memorandum from Mayor Kragness indicating her nominations. Also attached are the procedures for filling commission vacancies adopted by the City Council on March 27, 1995. Materials regarding the commissions are attached, including a table which indicates the geographical distribution by neighborhood of the current members of the commissions and an attendance record of the commission members for 2001. Recommended Council Action: I. Motion by Council to ratify the nominations of Mayor Kragness with terms expiring as follows: Financial Commission - term to expire 12/31/2004 Housing Commission - term to expire 12/31/2004 Park and Recreation Commission - term to expire 12/31/2004 Planning Commission -term to expire 12/31/2003 NW Hennepin Human Services Council Advisory Commission — term to expire 12/31/2003 NW Suburbs Cable Communications Commission - term to expire 12/31/2002 Attachments • ... 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 9jr City of Brooklyn Center Office of the Mayor A Millennium Community MEMORANDUM TO: Councilmembers Lasman, Nelson, and Peppe FROM: Myrna Kragness, Mayor DATE: January 7, 2002 SUBJECT: City Advisory Commission Nominations As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the nomination of the following persons: Financial Commission Jay Hruska 5012 North Lilac Drive Lawrence Peterson 5830 June Avenue North Housing Commission • Lloyd Deuel 1606 72nd Avenue North Michael VonDeLinde 5312 Boulder Lane Mark Yelich 6018 Beard Avenue North Park and Recreation Commission Gail Ebert 1613 Irving Lane Don Peterson 3715 58th Avenue North Planning Commission Stephen Erdmann 4919 61 st Avenue North Rex Newman 3107 61 st Avenue North John Whitehead 4807 Wingard Place Northwest Hennepin Human Services Council Advisory Commission Kathleen Ganter 5936 Xerxes Avenue North Northwest Suburbs Cable Communications Commission Rex Newman 3107 61" Avenue North • ... 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City of Brooklyn Center Procedures for Filling Commission /Task Force Vacancies Adopted by Council 3 /27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City is Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. • COUNCIL PROCEDURES ESTABLISHED FOR FILLING COMMISSION VACANCIES.DOC Financial Commission is The Financial Commission is composed of a chairperson and six members, with members serving a three -year term. On December 31, 2001, the Financial Commission terms of Jay Hruska and Lawrence Peterson expired. Both Mr. Hruska and Mr. Peterson wish to continue their voluntary public service on the Financial Commission. Housing Commission The Housing Commission is composed of a chairperson and eight members, with members serving a three -year term. On December 31, 2001, the Housing Commission terms of Lloyd Deuel, Michael VonDeLinde, and Mark Yelich expired. Mr. Deuel, Mr. VonDeLinde, and Mr. Yelich wish to continue their voluntary public service on the Housing Commission. Park and Recreation Commission The Park and Recreation Commission is composed of a chairperson and six members, with members serving a three - year term. On December 31, 2001, the Park and Recreation Commission terms of Gail Ebert, Valerie Forsch, and Don Peterson expired. Ms. Ebert and Mr. Peterson wish to continue their voluntary public service on the Park and Recreation Commission. Ms. Forsch has moved outside of Brooklyn Center, the vacancy has been posted, and application deadline is January 14, 2002. Planning Commission The Planning Commission is composed of a chairperson and six members, with members serving a two -year term. • On December 31, 2001, the Planning Commission terms of Stephen Erdmann, Rex Newman, and John Whitehead expired. Mr. Erdmann, Mr. Newman, and Mr. Whitehead wish to continue their voluntary public service on the Planning Commission. Northwest Hennepin Human Services Council Advisory Commission The Northwest Hennepin Human Services Council Advisory Commission is composed of two residents from each participating City, with members serving a two -year term. On December 31, 2001, the Northwest Hennepin Human Services Council Advisory Commission term of Kathleen Ganter expired. Ms. Ganter wishes to continue her voluntary public service on the Northwest Hennepin Human Services Council Advisory Commisison. Northwest Suburbs Cable Communications Commission The Northwest Suburbs Cable Communications Commission is composed of two representatives from each participating City, one of which is a representative of the City Council and the other a resident of the city, with members serving a one -year term. On December 31, 2001, the Northwest Suburbs Cable Communications Commission term of Rex Newman expired. Mr. Newman wishes to continue his voluntary public service on the Northwest Suburbs Cable Communications Commission. • City of Brooklyn Center • Financial Commission Geographical Distribution (Chairperson and Six Members) Current Members January 7, 2002 Neighborhoods App licants' Current Members Southeast Mark Nemec 5538 Camden Avenue North Northeast Jerald Blarney 7136 Willow Lane North Gavin Wilkinson 7221 Willow Lane North Northwest West Central Timothy Elftmann 5301 Howe Lane Lawrence Peterson 5830 June Avenue North Central Donn Escher 3107 65th Avenue North Southwest Jay Hruska 5012 North Lilac Drive • City of Brooklyn Center Housing Commission Geographical Distribution (Chairperson and Eight Members) Current Members January 7, 2002 ei N hborhoods g Applicants Current Members Southeast Northeast Kathleen Carmody 7024 Knox Avenue North Lloyd Deuel 1606 72nd Avenue North Northwest Ernie Erickson 6800 Drew Avenue North Shawn Taylor 3955 69th Avenue North West Central Kris Lawrence - Anderson 5213 Eleanor Lane Dennis Snook 5836 Halifax Avenue North Michael VonDelinde 5312 Boulder Lane Central Judy Thorbus 6265 Brooklyn Drive Mark Yelich 6018 Beard Avenue North Southwest • City of Brooklyn Center Park and Recreation Commission Geographical Distribution by Park Service Area (P.S.A.) (Chairperson and Six Members) ) Current Members January 7, 2002 Park Service Area Applicants Current Members P.S.A. I Thomas Shinnick 5324 Oliver Avenue North P.S.A. II Gail Ebert 1613 Irving Lane P.S.A. III Bud Sorenson 6901 Toledo Avenue North Richard Theis 3006 Thurber Road P.S.A. IV P.S.A. V Don Peterson 3715 58th Avenue North John Russell 5312 N. Lilac Drive One vacancy. • • City of Brooklyn Center Planning Commission Geographical Distribution (Chairperson and Six Members) Current Members January 7, 2002 Neighborhoods Applicants.' Current Members Southeast Northeast Sean Rahn 601 70th Avenue North, # 114 Tim Willson 6718 Colfax Avenue North • Northwest John Whitehead 4807 Wingard Place West Central Stephen Erdmann 4919 61st Avenue North Central Rex Newman 3107 61 st Avenue North Dianne Reem 6225 Chowen Avenue North Southwest Graydon Boeck 5601 Indiana Avenue North Hou,s C orhrn s5�bv� ® ATTENDANCE RECORD NAME 11/01 2/01 3/01 1 4/01 5/01 9/01 10/01 11 /01 12/01 Lloyd Deuel I X X X I X X X X, X( �( I Michael L. VonDelinde i X X X I X E X X I X I X Mark Yelich I X i X I x I X I X l X I X I X I X I I I I I I I I I f X = Present E = Excused U = Unexcused R = Resigned • • • • • CITY OF BROOKLYN CENTER PARKS AND RECREATION COMMISSION Meeting Attendance 2001 )January February March April May June July August September October November December Commissioners 1 No No No Meeting Meeting Meeting Bud Sorenson P P P P P P P P P Art Mead E P P P E P X X X X Rich Theis P P P P P A I E P IP Don Peterson P P P IP P I P I E I John Russell P P P P IP P IP P 'E I P IP I Tom Shinnick P P P A I P I P I I P I IP IP I Gail Ebert P P E IE I P I P I IP I IP IP I Valerie Forsch X X X IX IX IX IX IX I IP JE I P = Present E = Excused A = Absent Planning Commission Attendance for 2001 Willson Whitehead Rahn Newman Boeck Erdmann Reem Jan 11 X X X X X X Absent /Ex Feb 15 X Absent /Ex X X X X Absent /Ex March 15 X X Absent /Ex X X X X March 29 X X X X X X X April 12 X Absent /Ex X Absent /Ex X X X May 17 Absent /Ex X Absent /Ex X X X Absent /Ex May 31 Absent /Ex X Absent /Ex X X Absent /Ex X June 14 Absent /Ex Absent /Ex X X X X X June 28 X X Absent /Ex X X X X August 16 X X X Absent /Ex X Absent /Ex X September 13 X X X X X X Absent /Ex November 14 X X X X X Absent /Ex Absent /Ex • City Council Agenda Item No. 9i Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk _140 � DATE: January 9, 2002 SUBJECT: Mayoral Appointment to Northwest Regional Human Rights Coalition The Northwest Regional Human Rights Coalition is comprised of representatives from the cities of Brooklyn Center, Brooklyn Park, Champlin, Crystal, Golden Valley, Maple Grove, New Hope, Plymouth, and Robbinsdale. Kira Kieselhorst served as Brooklyn Center's resident representative since 1999, but she has moved outside of Brooklyn Center, thereby creating a vacancy on the Coalition. Notice of an opening on the Northwest Regional Human Rights Coalition was published in the Brooklyn Center Sun -Post on December 12, 2001. Notice was posted at City Hall from December 3, 2001, through January 4, 2002. A letter was sent to those persons who previously have submitted an application for an advisory commission informing them of the vacancy. Notice was also sent to all current advisory commission members. Attached for City Council Members only is a copy of the application received: Pangshoua Yang 5725 Camden Avenue North A letter was sent to the applicant notifying her that her application would be considered at the January 14, 2002, City Council meeting. Other attachments include: 1. Procedures for filling commission vacancies adopted by the City Council on March 27, 1995. 2. Memorandum from Mayor Kragness indicating her nomination. Recommended Council Action: Motion by Council to ratify the Northwest Regional Human Rights Coalition nomination by Mayor Kragness with term expiring December 31, 2004. 6301 Shingle Creels 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 of Brooklyn Center • Procedures for Filling Commission/Task k F r e Vacancies g s o c c es Adopted by Council 3/27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City • Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. • COUNCIL PROCEDURES ESTABLISHED FOR FILLING COMMISSION VACANCIES.DOC Office of the Mayor City of Brooklyn Center A Millennium Community MEMORANDUM TO: Councilmembers Lasman, Nelson, Peppe, and Ricker FROM: Myrna Kragness, Mayor DATE: January 9, 2002 SUBJECT: Northwest Regional Human Rights Coalition Nomination As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the nomination of Pangshoua Yang, 5725 Camden Avenue North, to the Northwest Regional Human Rights Coalition with term expiring December 31, 2004. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 ( ) i • City Council Agenda Item No. 9j Office of the City Manager City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Mayor Kragness, Councilmembers Lasman, lson, Pe e, and ' ker FROM: Michael J. McCauley, City Manager DATE: January 9, 2002 SUBJECT: Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions On June 22, 1992, Resolution No. 92 -149 was adopted by the City Council. The last paragraph of the resolution directs the City Manager to place it on the agenda for readoption the first meeting of the City Council each January as information and reminder of Council /Manager responsibilities. s 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklvn Center, MN 55430 -2199 - (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council /Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commissions other than advisory boards or commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and • WHEREAS, the Charter provides for four Council members and a Mayor, all elected at large, with the Mayor entitled to a single vote as other Council members and who in addition serves as presiding officer of the Council and as official head of the City for ceremonial purposes; and WHEREAS, the Charter provides that "the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City "; and WHEREAS, the Charter provides that "the Council and the City Manager, or either of them, and any officer formally authorized by them, or either of them, shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books and papers "; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this • Charter; and RESOLUTION NO. • WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to police its own conduct and to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. • NOW, THEREFORE, BE IT RESOLVED by the City Council: 1. To rededicate itself to the spirit and letter of the City Charter, and to call to account any of its members who ignore the spirit and letter of the City Charter. 2. To rededicate itself to the checks and balances of the City Charter that keep City government accountable and to reaffirm its commitment to the first amendment rights of the U.S. Constitution. 3. To pledge that no employees suffer recriminations, abuse or humiliation for acting in a forthright, proper, honest, and candid manner in performing their responsibilities. 4. To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner. Any City officials or employees, elected or appointed, who engage in conflict of interest or who use their positions in a self - serving manner, having the effect of promoting their own financial interest or the financial interest of a friend, associate, business employer, or relative instead of the public interest, shall be subject to censure by the City Council. RESOLUTION NO. • 5. To direct the City Manager to place this resolution for readoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council /Manager responsibilities. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: ® whereupon said resolution was declared duly passed and adopted. • s City Council Agenda Item No. 9k Office of the City Clerk City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 8, 2002 SUBJECT: Resolution Designating Official Newspaper Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circulation in the City as its official newspaper. Minnesota Sun Publications has once again requested the City Council to designate Brooklyn Center Sun -Post to be the official newspaper for 2002. Brooklyn Center Sun - Post meets all necessary requirements for designation. The attached resolution designates the Brooklyn Center Sun -Post as the official newspaper for the City of Brooklyn Center for the year 2002. • Attachments: Resolution Designating Official Newspaper Minnesota Statutes Chapter 331A Letter from Sun Newspapers 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter and Minnesota Statutes Section 412.831 requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun -Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun -Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun -Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 2002. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • Page 1 of 9 Minnesota Statutes 2001, Chapter 331A. • Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. == 331A.01 331A.01 Definitions. Subdivision 1. Scope. As used in sections 331A.01 to 331A.11, the terms defined have the meanings given them except as otherwise expressly provided or indicated by the context. Subd. 2. Known office of issue. "Known office of issue" means the principal office maintained by the publisher or managing officer during a newspaper's regular business hours to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office, and devoted primarily to business related to the newspaper. A newspaper may have only one known office of issue. Subd. 3. Local public corporation. "Local public corporation" means a county, municipality, school district, or any other local political subdivision or local or area district, commission, board, or authority. Subd. 4. Municipality. "Municipality" means a home rule charter or statutory city or town. Subd. 5. Newspaper. "Newspaper" means a publication issued regularly by the same person or corporation, or a • successor, whether the name of the publication is the same or different. Subd. 6. Proceedings. "Proceedings" means the substance of all official actions taken by the governing body of a local public corporation at any regular or special meeting, and at minimum includes the subject matter of a motion, the persons making and seconding a motion, the roll call vote on a motion, the character of resolutions or ordinances offered, including a brief description of their subject matter, and whether defeated or adopted. Subd. 7. Public notice. "Public notice" means every notice required or authorized by law or by order of a court to be published by a qualified newspaper, and includes: (a) every publication of laws, ordinances, resolutions, financial information, and proceedings intended to give notice in a particular area; (b) every notice and certificate of election, facsimile ballot, notice of referendum, notice of public hearing before a governmental body, and notice of meetings of private and public bodies required by law; and (c) every summons, order, citation, notice of sale or other notice which is intended to inform a person that the person may or shall do an act or exercise a right within a designated period or upon or by a designated date. (d) this subdivision contains no independent requirement for the publication of any public notice. http: / /www.revisor.leg. state .nm.us /cgi- bin/getstatchap.pl 01/08/2002 Page 2 of 9 Subd. 8. Qualified newspaper. "Qualified newspaper" means a newspaper which complies with all of the provisions of • section 331A.02. The following terms, when found in laws referring to the publication of a public notice, shall be taken to mean a qualified newspaper: "qualified legal newspaper," "legal newspaper," "official newspaper," "newspaper," and "medium of official and legal publication." Subd. 9. Secondary office. "Secondary office" means an office established by a newspaper in a community other than that in which its known office of issue is located, in the same or an adjoining county, to enhance its coverage of and service to that community, open on a regular basis to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office, and devoted primarily to business related to the newspaper. Subd. 10. Summary. "Summary" means an accurate and intelligible abstract or synopsis of the essential elements of proceedings, ordinances, resolutions, and other official actions. It shall be written in a clear and coherent manner, and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a designated location. A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized had been published. No liability shall be asserted against the local • public corporation in connection with the publication of a summary or agenda. HIST: 1984 c 543 s 20; 1986 c 444 == 331A.02 331A.02 Requirements for a qualified newspaper. Subdivision 1. Qualification. No newspaper in this state shall be entitled to any compensation or fee for publishing any public notice unless it is qualified as a medium of official and legal publication. A newspaper that is not qualified must inform a public body that presents a public notice for publication that it is not qualified. To be qualified as a medium of official and legal publication, a newspaper shall: (a) be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches, or 800 square inches if the local public corporation the newspaper purports to serve has a population of under 1,300 and the newspaper does not receive a public subsidy; (b) if a daily, be distributed at least five days each week, or if not a daily, be distributed at least once each week, for 50 weeks each year. In any week in which a legal holiday is included, not more than four issues of a daily paper are necessary; (c) in at least half of its issues each year, have no more than 75 percent of its printed space comprised of advertising material and paid public notices. In all of its issues each http: / /www. revisor. leg. state .mn.us /cgi- bin/getstatchap.pl 01/08/2002 Page 3 of 9 year, have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the community which it purports to serve. Not • more than 25 percent of its total nonadvertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news services; (d) be circulated in the local public corporation which it purports to serve, and either have at least 500 copies regularly delivered to paying subscribers, or 250 copies delivered to paying subscribers if the local public corporation it purports to serve has a population of under 1,300, or have at least 500 copies regularly distributed without charge to local residents, or 250 copies distributed without charge to local residents if the local public corporation it purports to serve has a population of under 1,300; (e) have its known office of issue established in either the county in which lies, in whole or in part, the local public corporation which the newspaper purports to serve, or in an adjoining county; (f) file a copy of each issue immediately with the state historical society; (g) be made available at single or subscription prices to any person, corporation, partnership, or other unincorporated association requesting the newspaper and making the applicable payment, or be distributed without charge to local residents; • (h) have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i) between September 1 and December 31 of each year publish a sworn United States Post Office periodicals -class statement of ownership and circulation or a statement of ownership and circulation verified by a recognized independent circulation auditing agency covering a period of at least one year ending no earlier than the June 30 preceding the publication deadline. When publication occurs after December 31 and before July 1, qualification shall be effective from the date of the filing described in paragraph (j) through December 31 of that year; and (j) after publication, submit to the secretary of state by December 31 a filing containing the newspaper's name, address of its known office of issue, telephone number, and a statement that it has complied with all of the requirements of this section. The filing must be accompanied by a fee of $25. The secretary of state shall make available for public inspection a list of newspapers that have filed. Acceptance of a filing does not constitute a guarantee by the state that any other qualification has been met. Subd. 2. Earlier qualification. Newspapers which have been qualified, on May 20, 1965, as mediums of official and legal publication shall remain qualified only if they meet the requirements of subdivision 1, except as follows: ® (a) If on May 20, 1965, any newspaper is a qualified medium of official and legal publication but is printed in a foreign language, or in English and a foreign language, and otherwise http: / /www.revisor.leg. state .rrm.us /cgi- bin/getstatchap.pl 01/08/2002 Page 4 of 9 qualifies as a medium of official and legal publication pursuant to the requirements of subdivision 1, it shall be a medium of ® official and legal publication so long as it otherwise qualifies pursuant to the requirements of subdivision 1. (b) If on May 20, 1965, any newspaper has been circulated in and near the municipality which it purports to serve to the extent of at least 240 but less than 500 copies regularly delivered to paying subscribers and otherwise qualifies as a medium of official and legal publication pursuant to the requirements of subdivision 1, it shall be a medium of official and legal publication so long as at least 240 copies are regularly so circulated and delivered and it otherwise qualifies pursuant to the requirements of subdivision 1. Subd. 3. Publication; suspension; changes. The following circumstances shall not affect the qualification of a newspaper, invalidate an otherwise valid publication, or invalidate a designation as official newspaper for publication of county board proceedings. (a) Suspension of publication for a period of not more than three consecutive months resulting from the destruction of its known office of issue, equipment, or other facility by the elements, unforeseen accident, or acts of God or by reason of a labor dispute. (b) The consolidation of one newspaper with another published in the same county, or a change in its name or ownership, or a temporary change in its known office of issue. (c) Change of the day of publication, the frequency of • publication, or the change of the known office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to maintain its known office of issue in the county, shall deprive a newspaper of its standing as a medium of official and legal publication until the newspaper again becomes qualified pursuant to subdivision 1. Subd. 4. Declaratory judgment of legality_. Any person interested in the standing as a medium of official and legal publication of a newspaper, may petition the district court in the county in which the newspaper has its known office of issue for a declaratory judgment whether the newspaper is qualified as a medium of official and legal publication. Unless filed by the publisher, the petition and summons shall be served on the publisher as in other civil actions. Service in other cases shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside shall be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act and the rules of civil procedure shall apply to the action. HIST: 1984 c 543 s 21; 1985 c 174 s 1; 1Sp1985 c 13 s 315; 1987 c 30 s 1; 1987 c 286 s 1; 1988 c 682 s 42; 1990 c 395 s 1; • 1991 c 205 s 17; 1997 c 137 s 13; 2001 c 38 s 1 == 331A.03 331A.03 Where notice published. http://www.revisor.leg.state.nm.us/cgi-bin/getstatchap.pl 01/08/2002 Page 5 of 9 Subdivision 1. Generally. Except as provided in • subdivision 2, a public notice shall be published in a qualified newspaper, and except as otherwise provided by law, in one that is likely to give notice in the affected area or to whom it is directed. When a statute or other law requires publication in a newspaper located in a designated municipality or area and no qualified newspaper is located there, publication shall be made in a qualified newspaper likely to give notice unless the particular statute or law expressly provides otherwise. If no qualified newspaper exists, then publication is not required. Subd. 2. Exception; certain cities of the fourth class. A public notice required to be published by a statutory or home rule charter city of the fourth class located in the metropolitan area defined in section 473.121, subdivision 2, is not required to be published in a qualified newspaper if there is no qualified nondaily newspaper of general circulation in the city, provided the notice is printed in a newsletter or similar printed means of giving notice that is prepared by the city and either mailed or delivered to each household in the city. HIST: 1984 c 543 s 22; 1991 c 53 s 1 == 331A.04 331A.04 Designation of a newspaper for official publications. Subdivision 1. Priority. The governing body of any local public corporation, when authorized or required by statute or charter to designate a newspaper for publication of its official proceedings and public notices, shall designate a newspaper which is a qualified medium of official and legal publication in the following priority. Subd. 2. Known office in locality. If there are one or more qualified newspapers, the known office of issue of which are located within the local public corporation, one of them shall be designated. Subd. 3. Secondary office in locality. When no qualified newspaper has a known office of issue located in the local public corporation, but one or more qualified newspapers maintain a secondary office there, one of them shall be designated. Subd. 4. General circulation in locality. When no qualified newspaper has its known office of issue or a secondary office located within the local public corporation, then a qualified newspaper of general circulation there shall be designated. Subd. S. Other situations. If a local public corporation is without an official newspaper, or if the publisher refuses to publish a particular public notice, matters required to be published shall be published in a newspaper designated as provided in subdivision 4. The governing body of a local public corporation with territory in two or more counties may, if deemed in the public interest, designate a separate qualified newspaper for each county. ® HIST: 1984 c 543 s 23 == 331A.05 http://v;w 01/08/2002 Page 6 of 9 331A.05 Form of public notices. • Subdivision 1. English language. All public notices shall be printed or otherwise disseminated in the English language. Subd. 2. Time of notice. Unless otherwise specified by a particular statute, or by order of a court, publication of a public notice shall be as follows: (a) the notice shall be published once; (b) if the notice is intended to inform the public about a future event, the last publication shall occur not more than 14 days and not less than seven days before the event; (c) if the notice is intended to inform the public about a past action or event, the last publication shall occur not more than 45 days after occurrence of the action or event. Subd. 3. Type face. Except as otherwise directed by a particular statute requiring publication of a public notice, a public notice shall be printed in a type face no smaller than six point with a lower case alphabet of 90 point. Larger type faces may be used. Subd. 4. Title or caption. Every public notice shall include a title or caption in a body type no smaller than brevier or eight point referring to the content of the notice. Larger type faces may be used. • Subd. 5. Local options. The governing body of a local public corporation may, to better inform the public, increase the frequency of publication of a public notice beyond the minimum required by a particular statute. It may use forms and styles for the notice as it deems appropriate, including the use of display advertisements and graphics. It may publish or disseminate the notice in other newspapers in addition to the newspaper required to be designated under section 331A.04. Regardless of whether a particular statute specifies "legal notice," "public notice," "notice," or uses similar terms, the governing body may use whatever form for the published notice that it deems appropriate in order to adequately inform the public, subject to the requirements of sections 331A.01 to 331A.11. Nothing in the foregoing provisions of this subdivision shall require the governing body of a local public corporation to use the options described. Subd. 6. Conflict of laws. Nothing in this section shall invalidate or affect any statutory or charter provision imposing additional or special qualifications for publication of particular notices or proceedings. Subd. 7. Errors in publication. If through no fault of the local public corporation, an error occurs in the publication of a public notice, the error shall have no effect on the validity of the event, action, or proceeding to which the public notice relates. HIST: 1984 c 543 s 24; 1997 c 56 s 1 • == 331A.06 331A.06 Fees for publication. http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 01/08/2002 Page 7 of 9 Subdivision 1. The maximum rate charged for publication of a public notice shall not exceed the lowest classified rate paid O by commercial users for comparable space in the newspapers in which the public notice appears, and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. Subd. 2. Fees for publication. Notwithstanding subdivision 1, no newspaper may increase its rates for publication of public notices by more than ten percent per year, as compared to the maximum rate actually charged by the newspaper in the previous year for publication of public notices, and in any case the new rate shall not exceed the rate described in subdivision 1. Nothing in this section shall be interpreted to mean that such an increase is required. Subd. 3. When the governing board of a local public corporation awards a contract for the publication of public notices based on competitive bidding, the rate established by the competitive bidding shall be the rate charged for publication of the public notices. Subd. 4. When a statute refers to publication of a public notice at the legal rate the maximum rate shall be as provided in this section. HIST: 1984 c 543 s 25; 1985 c 174 s 2; 1994 c 465 art 2 s 18 == 331A.07 331A.07 Affidavit of publication. • No compensation shall be recoverable for publishing legal or official matter in any newspaper not qualified, until there is filed with the county auditor the affidavit of a person having knowledge of the facts, showing the name and location of the newspaper and the existence of conditions constituting its qualifications as a qualified newspaper as set forth in section 331A.02. If the matter published relates to proceedings in another county, a like affidavit must be filed with its auditor. The affidavit, if it states the required facts, shall be prima facie evidence of them and of the qualification. No compensation shall be recoverable for publishing legal or official matter in any newspaper unless the bill is accompanied by an affidavit of the publisher of the newspaper or the publisher's designated agent, having knowledge of the facts, setting forth the fact that the newspaper has complied with all the requirements to constitute a legal newspaper. The affidavit must set forth the dates of the month and year and the day of the week upon which the legal or official matter was published in the newspaper. The affidavit must also include the publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to section 331A.06, the maximum charge allowable by law for the p ublication of the specific legal or official matter in question, and the rate actually charged for that publication. HIST: 1984 c 543 s 26; 1993 c 48 s 7 == 331A.08 331A.08 Computation of time. • Subdivision 1. Time for publication. The time for publication of public notices shall be computed to exclude the first day of publication and include the day on which the act or http://www.revisor.leg.state.mn.us/egi-bin/getstatchap.pl 01/08/2002 Page 8 of 9 event, of which notice is given, is to happen or which completes the full period required for publication. Subd. 2. Time for act or proceeding. The time within which an act is to be done or proceeding had or taken, as prescribed by the rules of procedure, shall be computed by excluding the first day and including the last. If the last day is Sunday or a legal holiday the party shall have the next secular day in which to do the act or take the proceeding. HIST: 1984 c 543 s 27 == 331A.09 331A.09 Publication on Sunday. Any public notice may be printed in a newspaper published on Sunday, and the publication is a lawful publication and a full compliance with the order of the court or officer ordering the publication. Any notice that, by law or the order of any court, is required to be published for any given number of weeks may be published on any day in each week or the term, and if published as many weeks and as many times in each week as required by the law or order, it is a lawful publication. HIST: 1984 c 543 s 28 == 331A.10 331A.10 Change of name or discontinuance of newspaper. Subdivision 1. Change of name. When a legal notice is required or ordered to be published in a particular newspaper • and the name of the newspaper is changed before the publication is completed, the publication shall be made or continued in the newspaper under its new name with the same effect as if the name had not been changed. The proof of the publication, in addition to other requirements, shall state the change of name and specify the period of publication in the newspaper under each name. Subd. 2. Discontinuance. When a newspaper ceases to be published before the publication of a public notice is commenced, or when commenced ceases before the publication is completed, the order for publication, when one is required in the first instance, may be amended by order of the court or judge, to designate another newspaper, as may be necessary. If no order is required in the first instance, publication may be made or completed in any other qualified newspaper. Any time during which the notice is published in the first newspaper shall be calculated as a part of the time required for the publication, proof of which may be made by affidavit of any person acquainted with the facts. HIST: 1984 c 543 s 29 == 331A.11 331A.11 Application. Subdivision 1. Apply. Sections 331A.01 to 331A.11 apply to all municipalities and local public corporations. • Subd. 2. Do not apply. Sections 331A.01 to 331A.11 do not apply to notices required by private agreements or local laws to be published in newspapers, unless they refer to sections 331A.01 to 331A.11, or particular provisions of http: / /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl 01/08/2002 Page 9 of 9 sections 331A.01 to 331A.11. • HIST: 1984 c 543 s 30 • • http: / /www.revisor.leg. state .mn.us /egi- bin/getstatchap.pl 01/08/2002 December 7, 2001 n * *;ipa City of Brooklyn Center City Council 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear City Council Members: The Brooklyn Center Sun Post would like to be considered for designation as the legal newspaper for the City of Brooklyn Center for the year 2002. All published legal notices are posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broad- en the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun Post is our home delivery. Sun Newspapers has become the primary source of community news in the suburbs. Your notices in our paper have the best chance of being seen and read. dw espite rising costs of operating our newspapers, there will be no rate increase during the calendar 'Uryear 2002. Our legal prices will remain the same. The rate structure for legals effective January 1, 2002 will be: 1 column width: $14.30 per inch for first insertion $ 7.15 per inch for subsequent insertions There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. The deauline for regular length notices is 2:00 pm the Thursday prier to publication. B- mailing the legal notices is an efficient and accurate way of getting the notices to us. The e -mail address for the legal department is legals @mnsunpub.com. We still accept notices on disk, faxed or through the mail. If you require more information to make your decision, please contact me or Meridel Hedblom, our Legal Representative, at 952 - 392 -6880. Thank you for considering the Sun Post as the official newspaper for the City of Brooklyn Center in 2002. We appreciate the opportunity to serve the needs of your community. Wly, 4w— ene Carr resident and Publisher 10917 V ALLEY VIENv RoAD * EDEN PRAIRIE * M INNESOTA 55344 * 952 -829 -0797 -)� FAR: 952 -941 -3588 City Council Agenda Item No. 91 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 °fl� DATE: January 8, 2002 SUBJECT: Resolution Appointing Michael J. McCauley as Director and Jim Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group In 1988 the City Council authorized the City of Brooklyn Center to participate in the joint powers group know as the Hennepin Recycling Group, along with the cities of Crystal and New Hope. Article IV, Sections 2 and 3, of the joint powers agreement require the governing body of the City to annually appoint a representative and alternate to the Board of Directors of Hennepin Recycling Group. The attached resolution designates Michael J. McCauley as Director and Jim Glasoe as Alternate Director. a ttachment 6301 Shingle Creek Parkway Recreation. and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP WHEREAS, the City Council passed Resolution No. 88 -24 authorizing Brooklyn Center's membership in a joint powers group known as the Hennepin Recycling Group with Crystal and New Hope to implement joint recycling programs; and WHEREAS, the joint powers agreement requires the governing body of the City to annually appoint a representative and alternate to the Board of Directors of Hennepin Recycling Group. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Michael J. McCauley be appointed to represent the City of Brooklyn Center as Director and Jim Glasoe be appointed as Alternate Director of the Board of Directors of Hennepin Recycling Group. 0 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. 9m OX City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kra ness Councilmembers L an Nelson Pe and Ricker Y g pp e FROM: Michael J. McCauley, City Manager DATE: January 7, 2002 Attached are the materials that were submitted to the City Council on December 13, 1999, in connection with Resolution No. 99 -208. Resolution No. 99 -208 authorized me to exceed the number of sworn police officer positions in the budget. That authorization was for the period January 1, 2000 through December 31, 2001. As discussed during the budget process, I had hoped to review the results of this experiment with the Council in the fourth quarter of last year. However I did not receive information and analysis from the Police Department until it was too late for inclusion in the 2002 budget process and discussion. Attached also is Chief Downer's review of expenditures. I have reviewed expenditures and have • used a different base. Chief Downer's review has used wages and salaries. That does not reflect complete personnel cost which must include fringe benefits as well. The analysis for the year 2000 indicates that the net amount of money spent on total personnel costs (wages and fringe benefits) was $212,671 less than the 2000 budgeted amount for total personnel cost. In 2001 total personnel costs were $52,794 higher than what was budgeted in 2001. Total budgeted expenditures for the Police Department in 2000 were $215,300 less than total budgeted expenditures. The preliminary 2001 results would be $128,960 expended in 2001 less than the total amount budgeted for police operations. The 2001 number however is not a final number at this point. In reviewing Chief Downer's analysis and the information supplied by Ms. Wick, in 2000 a total of 109 weeks of officers being unavailable due to various leaves and injuries occurred. This number was substantially lower in 2001 at 48 weeks. The 48 -week experience in 2001 is substantially lower than the experience in 1998, 1999, and 2000. While total personnel costs in 2001 exceeded the budgeted amount for personnel, it appears that the overall expenditures in police will be slightly below the overall total budget for police operations. January 2001 we substantially increased compensation for the Chief and Captains', amounts that were not budgeted. The rational for exceeding the budgeted number of positions is still generally intact. As we start 2002, with a great deal of uncertainty regarding our needs 1 g g o n s as well as our revenue from the State of Minnesota I would like to extend this authorization for another two -year period. We did complete a testing process and have identified two new hires at the end of 2001. Our last testing process prior to that occurred in April 2000. This has saved us a great deal of time and effort. • ... 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 Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO EXCEED THE NUMBER OF SWORN POLICE OFFICER POSITIONS IN THE BUDGET WHEREAS, the City Manager has proposed continuing a flexible police officer staffing concept; and WHEREAS, the process of filling an open police officer position can take as long as eight to ten months before the position is fully replaced; and WHEREAS, the City has historically had officers retire or resign each year and has had officers unavailable for periods of time due to injury or leaves of absence and the flexible hiring of officers helps address the staffing needs in face of these historical patters; and WHEREAS, it has been proposed that the City Manager continue to be authorized to exceed the budgeted number of sworn personnel in order to more effectively utilize testing processes and to staff more effectively. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager be and hereby is authorized to exceed the budgeted number • of sworn personnel within the Police Department budget, provided that the overall personnel budget within the Police Department shall be target for overall personnel costs in a given budget year. BE, IT FURTHER RESOLVED, that this authorization shall be effective beginning on January 1, 2002, and expiring on December 31, 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. • 2001 Budget Personnel Budget Spent All Costs Budget Spent • Patrol Wages $1,856,164 $1,940,965 Total Budget $2,891,231 $2,835,809 Fringe $410,658 $419,297 Detectives Wages $471,959 $474,212 Total Budget $607,461 $601,156 Fringe $97,313 $87,304 Support Services Wages $618,131 $583,212 Total Budget $976,461 $895.326 Fringe $158,997 $145,860 Chief Wages $114,241 $135,134 Total Budget $143,630 $157,532 Fringe $24,453 $18,726 Diffe Difference Total: $3,751,916 $3,804,710 ($52,794) $4,618,783 $4,489,823 $128,960 2000 Budget Personnel Budget Spent All Costs Budget Spent Patrol Wages $1,822,361 $1,804,859 Total Budget $2,806,718 $2,750,043 Fringe $390,012 $360,862 Detectives Wages $493,480 $460,521 Total Budget $623,404 $576,070 Fringe $100,374 $85,352 Support Services Wages $634,954 $550,764 Total Budget $970,636 $866,777 Fringe $157,889 $131,434 Chief Wages $106,418 $104,735 Total Budget $133,287 $125,855 Fringe $23,032 $17,322 Difference Difference Total: $3,728,520 $3,515,849 $212,671 $4,534,045 $4,318,745 $215,300 • pUKLYN CE BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Joel Downer, Chief of Police DATE: December 7, 2001 SUBJECT: Personnel Budget/Expenditures The following is a synopsis of police personnel budget expenditures for the last four years. Year Budget Expenditures Surplus • 1998 $ 2,903,263 $ 2,805,150 - $ 98,113 1999 $ 3,003,059 $ 2,943,847 $ 59,212 2000 $ 3,014,736 $ 2,920,879 $ 93,857 2001 $ 2,918,768 As of September 30, To be determined 2001 - $ 2,254,243 Calls for Service Part I Crimes Part II Crimes 1998 21,445 1998 2,388 1998 1,719 1999 23,906 1999 2,365 1999 1,883 2000 23,543 2000 2,292 2000 1,727 As of As of As of September September September 2001 30t', _ 2001 30 " _ 2001 30 " _ 20,000 1,611 1,360 • B $ �pOKIYN CERlF BR OOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Joel Downer, Chief of Police DATE: December 7, 2001 SUBJECT: Staffing Analysis Attached to this memo are documents indicating the staffing levels of the Brooklyn Center Police Department and personnel expenditures made for calendar years 1998, 1999 and 2000. The number of authorized personnel has remained fairly constant during the past several years. 1998 1999 2000 2001 . I Full -time Employees = 58 Full -time Employees = 58 Full -time Employees = 57 Full -time Employees = 57 FTE =7.1 FTE =7.1 FTE =7 FTE =6.9 Velma Throldahl, full -time secretary /receptionist, left employment with the Brooklyn Center Police Department bringing the full -time equivalents from 58 to 57. Also in the fall of 1999, the Telephone Assurance Program (.7 FTE's) was discontinued when we moved to the new building. In January of 2000, the police department consolidated the positions of community services sergeant and administrative sergeant resulting in the reduction of one sergeant position. Also in 2000, the number of FTE's assigned to part-time community services officers /cadets was raised to 3.4 to accommodate a police cadet obligation. Other than the year 2000, the part-time FTE's for the position of community service officer /cadet is at 2.8. The Brooklyn Center Police Department currently has 43 sworn personnel. 1 recommend hiring two sworn personnel from the current testing process. The department is currently in the process of testing and selecting candidates for the position of public safety dispatcher. I recommend that two dispatchers be hired in the fall of 2001. I also recommend that Dispatcher Jean Dorweiler be assigned to act as property room technician until Larry DeBoer is separated from the Brooklyn Center Police Department. Jean Dorweiler has experience in property management and has consented to taking over the property room technician's duties on an interim basis. e JD:kh staffana wpd 1998 1999 2000 2001 rn 44 44 43 authorized 43 bispatchers 6 6 7 7 Clerical (Full -time) 4 4 I 3 3 Clerical (FTE) I 3.6 3.6 ' 3.6 4.1 ICSOlCadet (Full -time) I 1 I 1 1 1 I CSO (FTE) ` 2.8 2.8 3.4 2.8 (Property Technician I 1 I 1 1 1 IAdministrative Aide 1 1 1 1 I Administrative Manager 1 1 1 1 ITAP I .7 FTE ( .7 FTE I Eliminated 1998 1999 2000 2001 FT Employees = 58 FT Employees = 58 FT Employees = 57 FT Employees = 57 FTE = 7.1 FTE = 7.1 FTE = 7 FTE = 6.9 • �QOOKLYH CE#V BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Joel Downer, Chief of Police DATE: December 7, 2001 SUBJECT: Police Staffing Levels The Brooklyn Center City Council gave you, as City Manager, temporary authorization to hire police officers in numbers exceeding the authorized strength of 43 sworn personnel. The authorization expires December 31, 2001. The staffing analysis memo indicates the number of sworn officers and civilian personnel effective on October 31" of each year. This date was • selected because the Minnesota Bureau of Apprehension uses that date to assess the staffing levels of law enforcement agencies in the state of Minnesota. The Brooklyn Center Police Dept was staffed with 46 officers from March 5, 2001 until June 30, 2001 when Sgt. Dave Grass retired. Sgt. Grass has retired along with the separation of John Barlow and the resignation of Michael Colestock bringing the sworn complement to 43 officers. The attached data sheet prepared by Kelli Wick, Human Resources Technician, shows the following temporary loss of staff due to injury or other leaves. 1998 157 weeks (3 police officers) 1999 99 weeks (loss of 1.9 police officers) 2000 109 weeks (loss of 2 police officers) 2001 48 weeks (loss of .9 police officer) The accepted formula for determining staffing levels uses level of crime, number of traffic accidents, number of calls for service and arrests as factors for consideration. The formula indicates that the Brooklyn Center Police Department has a workload that indicates the need for 35 patrol officers. • JD:kh Sheet1 Status 1998 1999 2000 2001 J# Hired 3 1 5 21 J# Resigned /retired 0 3 3 21 FMLA leaves Officer *1 3wks 1wk 2wks 10wks Officer #2 7wks 3wks 2wks 4wks Officer #3 12wks 2wks 1wk Officer #4 1wk 12wks 2wks Officer #5 1wk Officer #6 2wks Work Comp Injuries i Officer #1 2 wks 4wks 24wks 5wks Officer #2 14wks 15 wks 2wks 2wks Officer #3 2wks 1wk 1wk Officer #4 10wks 5wks Officer #5 11wks 2wks Light Duty Officer #1 13wks 8wks 4wks 7wks Officer #2 20wks 10wks 6wks Officer #3 2wks 1wk • i Officer #4 6wks Other Leaves Officer #1 52wks 32wks 22wks f Officer #2 3wks 32wks f Officer #3 26wks 4wks Total # of Weeks 157wks 99wks 109wks 48wks dwn 3po dwn 1.9po dwn 2po dwn .9po +1 wk +1 wk • Page 1 Member Ed Nelson introduced the following resolution and moved its adoption: RESOLUTION NO. 99 -208 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXCEED THE NUMBER OF SWORN POLICE OFFICER POSITIONS IN THE BUDGET WHEREAS, the City Manager has proposed a flexible police officer staffing concept in connection with the development of the 2000 budget; and WHEREAS, the process of filling an open police officer position can take as long as eight to ten months before the position is fully replaced; and WHEREAS, the City has experienced a shortage of staffing in the patrol division i . due to retirements, resignations, and injuries; and I WHEREAS, it has been proposed that the City Manager be authorized to exceed the budgeted number of sworn personnel in order to more effectively utilize testing processes and to staff more effectively. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager be and hereby is authorized to exceed the budgeted number of sworn personnel within the Police Department budget, provided that the overall personnel budget within the Police Department shall be the target for overall personnel costs in a given budget year. BE IT FURTHER RESOLVED that this authorization shall be effective beginning on January 1, 2000, and expiring on December 31, 2001. December' 13, 1999 Date Q Mayor ATTEST: A ."" , N . City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom ' and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe; and the following voted against the same: one whereupon said resolution was declared duty passed and adopted. City of Brooklyn Center Agreat place to start. A great place to stay. To: Mayor Kragness and C cil Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager I Date: November 12, 1999 Re: Police Staffing In previous budget discussions, I have suggested the concept of allowing police officer staffing to float above the number of sworn personnel contained in the budget. As indicated in the attached materials, the number of resignations and retirements varies per year. It has been as high as 4 in a given year. In addition, officers may be unavailable due to injury or leave. The process of filling an open police officer position can take as long as 8 to 10 months before the position is fully replaced by a new officer on the street on their own. The testing process takes 3 to 4 months from the decision to advertise and test to the development of the eligibility list. After the eligibility list is developed, we can hire from the top three candidates on the list at the time of appointment. As persons are appointed from the list, rejected from the list, or remove themselves from the list (generally due to • obtaining a position with some other department), persons move up the eligibility list into the top 3 positions. Persons receiving a conditional offer of employment are then psychologically screened and undergo a background investigation. This process can take a month or more depending on schedules and distances. Besides being time consuming, testing and advertising are expensive. We also have found that the recent testing processes have resulted in eligibility lists having a life under 1 year. The most promising candidates on our list will generally find employment shortly after testing with us. If we do not offer them a job, the likelihood that they will be available several months after being on the top of our list diminishes. In order to cover patrol needs, I would propose that I be authorized to exceed the budgeted number of sworn personnel with the overall police personnel budget being followed. This would require educated estimates on future staffing, but would allow us to hire the best candidates from our testing processes. To the degree that we have cooperation to inform us of specific retirement dates, we can better cover the retirements. A number of sworn personnel will be eligible for early retirement in 2000. In 2004, 4 people will be eligible for normal retirement. With the usual attrition in a year and the turn over in non -sworn positions such as community service officers, Chief Downer and I can manage some aspects of staffing to cover overlaps in the number of sworn personnel to remain within the general personnel cost parameters. New hires are also substantially less expensive in the first years of service as compared to the cost of a senior officer. In summary, having a floating number of sworn personnel would: - allow hiring of the most qualified from the eligibility list making the process more 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer productive - reduce the lag time between resignation/retirement and replacement of an officer - better staff patrol (occasionally detectives have been pulled to patrol to cover shortages) - allow conditional offers of employment to cadets or community service officers on an eligibility list that would not become effective until they had completed their licensing requirements: this would retain good people and allow us more flexibility to meet our patrol staffing needs. • • � CE.V BROOKLYN CENTER • POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Joel Downer, Chief of Police DATE: November 12, 1999 SUBJECT: Police Department Staffing The Brooklyn Center Police Department is at the following staffing levels as of today, November 12, 1999. • Chief - one • Captain - two • Sergeant - five (Promotional process in progress to reach authorized staffing level) • Detective - seven • School Liaison Officer - one • Police Officer - twenty -seven (Of the 27 police officers on the roster, one is assigned to Crime Prevention, one is assigned to DARE, one is on home assignment, one is off -duty pending an appeal of the finding of a Veteran's Hearing, and two are on injured on duty status) Forty -three sworn personnel, 21 police officers available to staff patrol shifts. JD /vt • staff. mem Sheetl Police Staffing (sworn officers) j S 5 years (1994 - Current) j Current Status 1994 1995 1996 1997 1# Hired 3 81 0 1 3f 1 1# Resigned /retired 41 4 0' 1998 1999 1 01 3 IFMLA leaves I I I I Officer #1 6wks 10wks 1 3wks 1wk Officer #2 ' I ( 7wks 3wks 1 Officer #3 I I I 12wks I Officer #4 I I I i 1wk Work Comp Injuries I + i Officer #1 115 wks 11wk I2wks 12 wks 2 wks 14wks 1 Officer #2 4 wks I2wks 1 wk 15wks 14wks 115 wks 1 Officer #3 + 5wks 1 2wks 1 (Light Duty 1 I 1 Officer #1 �2 wks 24wks 12 wks 13wks 8wks 1 1 Officer #2 4 wks I2wks 20wks Officer #3 1 4 wks 14wks 1 2wks 1 Other Leaves I I I ` Officer #1 152wks 16wks 2wks 4wks 152wks 32wks 1 Officer #2 11 wk ,12 wks 13wks 32wks 1 Officer #3 I I I I 126wks 4wks 1 • Total # of Weeks 71 wks 118 wks 47 wks 36 wks 157wks 99wks 1 dwn 1 po I dwn 3po dwn 1.9po I +19wks 1 1 1 +1wks 1 • Page 1 - y Police Department Personnel Survey: Cities with Populations 20,000 - 40,000 # of FT # of FT # of FT # of PT Other (non- Other (non- #of Police # of Sworn Clerical Clerical sworn) sworn) # of Total FT Vehicles Does P.D. Have a City Population Personnel Personnel Personnel Personnel Personnel Dispatchers Personnel Owned SWAT Team? Brooklyn Center 28515 44 4 3 5 1 + 1 Cadet 6 59 25 yes yes, tacticle & Burnsville 57578 66 7 6 0 2 8 FT + 3 PT 81 36 hostage negotiations Champlin 20307 22 5 0 6 0 0 33 24 yes yes, part of multi - Cottage Grove 30094 35 6 0 14 0 8 63 18 agency Crystal 23651 28 4 0 8 0 0 40 14 no Edina 47113 49 5 0 1 3 8 63 22 yes, 10 officers 20 (including contractual Fridley 28267 38 3 5 4 & youth) 0 45 20 no Inver Grove no, but part of county Heights 27917 27 4 2 4 2 0 35 14 team no, but 2 officers are part of multi - Lakeville 37303 40 4 0 7 0 6 57 25 jurisdictional team no, but 3 officers are part of Ramsey Maplewood 34771 44 4 0 5 0 0 53 35 County team 2 +3 Minnetonka 52176 52 5 5 2 seasonal 7.5 66.5 35 yes yes, shared team w/ New Hope 21658 29 11 0 9 0 0 49 19 GV & Robbinsdale yes, part of multi - Oakdale 25419 29 5 0 4 0 2 40 23 agency no, will start one Roseville 34194 47 5 0 1 5 0 53 25 soon yes, part of multi - Woodbury 35720 42 6 0 1 5 0 49 28 agency AF/budget/surwes 7/30/99 Page 1 • ___• 0 Population and Sworn Personnel in Surveyed Cities ... .. . 60000 ......... 70 . . .... 60 50000 50 40000 40 . .... .... 30000 ......... ...... ...... U ........ .. ......... ......... ....... .. ....... . ........ ....... . ... ..... .......... 20000 . ... ........ .... 20 .... ..... — .......... .......... M ........... 10000 10 ......... .... ...... ......... 0 0 "0 cd > 0 c, _cd Ln 0 0 cd 0 0 �' pq U > x a � � °' 0 0 cd P 0 Population 0 V 0 1 U . pq # of Sworn City Personnel AF/budgeVsurvm 7/30/99 Page 4 r G 6 Ri y i v w O ro oa CD y Brooklyn Center Burnsville Champlin Cottage Grove Crystal Edina Fridley Inver Grove Heights Lakeville Maplewood Minnetonka New Hope Oakdale Roseville Woodbury # of FT Personnel ► . N w v, rn J O O O O O o O O rAt y � r 7 - F a a O O y b O n b rA O C� b O O rA N O O O O .h. O O O O • • C11 City Comparison • 1998 Data y y d ` ` ry U U y Brooklyn Center 28,274 44 15 2,388 35% 1,719 62% 187 Brooklyn Park 61,316 70 17 3,155 29% 5,428 63% 198 Eden Prairie 49,188 50 19 1,467 24% 1,781 64% 93 Edina 47,727 49 15 1,475 23% 1,144 58% 169 Maple Grove 47,865 45 11 1,412 1 24% 1,993 53% 68 Maplewood 34,434 44 13 1,988 31% 2,705 75% 77 Richfield 35,326 44 14 1,698 19% 2,106 66% 186 Roseville 33,935 44 6 1,938 25% 1,567 48% 120 St. Louis Park 43,596 49 19 1,715 21% 2,277 67% 120 • Brooklyn Center 9th tied 6th tied 5th 2nd 1st 6th 6th 2nd Ranking • p: \police\stats \custom \comp98.xls 11/10/99 1998 Calls for Service by Shift and Day of the Week 4 - f t 1,296 Sunday \ \ \ \` \`� ?,f c,,, aca� C\\C \v:v ;<� \ \�� \�� 778 : 1431 F il: I.� 907 Monday 1 109 - . �:. < _ .h. �-' ,�. „. � . ),:• ::,.. -. }�,- .. -_,:.. , . ,�, _..- ..... .. ,:, ., �., .., �' . � .. - ,, :,_;;.;: <, - ` r. 1 611 }, :� .✓T,. .k `ut ��. e.3a. , a'., •, .'S.. 5.`i2- _ y -Yb., },:yE., t5..:i; , x ,.a. __.... ,_.,s>:•.Y.K.,,.yT , -:'. Y::.:`1:,.. ........: Sv,:., l.�.v., �: f.. Ka. { „}F,�.s,.�.3...!_w_v'7,:i':h._ ..r, ..n ...:..... . .. ...v ...,.,. ,..._., ....,... -. ,...s: r "`r.v5...., ,.a, +i[$': .,...J.�_,.�... � 937 Tuesday 059 n >.:..,�.,. . :, _._,.,, .v- r,�..: '--�� ,,.w '•IS u`w � - : r iaa � - '+::5"b:,. .. (.'n :.R } vxWf. .:V` ,...r. .. .,,C_.. ,�...> -. ,... x:- .,. -:... :•,.is..._ _a v.,., .YJ'r YY O t? -Y,._ { a ->: ..rd ,. ., ,, .,, k1r... .,i. ,. ^� .; =3't,� " F- ;''.isi::;•.'i:t?rv.��rr..r „,7 .3•, :,';' 1 59 � d,...._, ..... .... .... ... :... .... .._. ....,, ..,...._..,- ...,,.:- .,.,,. ,...,..,.. _ _ 978 Wednesday \� \\\ \ \\ \\ N ` Y \ \ 1 003 \ \\ \\ J � : i` a�Y, f1 'w�\�,� \1 ?:�l\.;��� \l\ \\������_ 1 \� \� � v.:�r'iirii: `iiia:i:� . "w::�:: ::�`1�.1\� _ 4•i �sn A 1,010 Thursday \ \ \,,,., >,. ' . \. 1 019 L. A Y 6 : 1 34 x,::: ., r :,�.. ,. r... _.. _:- .� ±.... ..v,- . :.._— S -c•, n "': = a.:. l:.n ^:u�,f u - .. 1,129 Frida y 1,126 : - . , f _ . , ., . ... J.:..,,.. : .:..... ... ...�_ .: ,......_. � 1 E 1,445 Saturday �; ;; 962 �` . n,.t�:.:.5: ..: k'xv:.t, vin: , .i: } /_:-.'kn:i;,_ -': -;:; C'. :i ' ....'- '>bJ.' Y,.. �yy ':% ✓r.T:}..y:.:::- °Jv ti f!':.f'."Y.,',5::�,i,!i-y'- :.. £ s i ., .:{1'"?�f:. ,. 1,S .._., ,Y,,. „• „i;.rtA .,.rgx..3b.., ,.._.r. : � : ?;,.. �. . ::.�: .:,. ,..r.Gn.F Y., T.r- v. -.r... .t.- ..i,.. . — _: .,.— .._,..iv(�:,Y,_/ , ,.. . .. ... .... . .. ... .. .... �.,- ., .- ..li,.,v >- ,:.:..w SS :- >.,,.1C,k.CT.'.:, 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 Number of Calls for Service OAfternoons (1401 -2200 hrs) ®Days (0601 -1400 hrs) ®Nights (2201 -0600 hrs) nOWLYN CENTF� BROOKLYN CENTER POLICE POLICE DEPARTMENT METHODOLOGY The following formula is from a system devised and accepted by the International Association of Chiefs of Police. The formula is intended to calculate the number of patrol officers needed to cover the existing workload. It is a formula based on actual police service demands and not simply on population. Weighting of Events Incidents are first weighted by the formula below t take into account the longer time necessary for a police officer to process more serious offenses. • Class of Event Relative Weighting X 1998 Events = TOTAL Part I Crimes 4 2,388 9,552 Part II Crimes 3 1,719 5,157 Traffic Accidents 2 534 1,068 All Others 1 16,804 16,804 Arrests 2 2,757 5,514 Total Weighted Events 38,095 Minnesota Chiefs of Police Educational Foundation 1998 Executive Training Institute