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HomeMy WebLinkAbout2002 04-08 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION April 8, 2002 6:00 P.M. West Fire Station Training Room 1. City Council discussion of agenda items and questions 2. Chief Scott Bechthold 3. Prosecution Services requests for proposals 4. Miscellaneous 5. Adjourn City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers sman, Nels , Peppe, and Ricker FROM: Michael J. McCauley, City Manager DATE: April 3, 2002 SUBJECT: Study Session Agenda: Chief Bechthold I have placed Chief Bechthold on the study session agenda to give him an opportunity to update the City Council on his first months as Chief of Police. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 Im 763 569 -34 ( ) 0 0 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 I City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Lasman, Nelson, Peppe, and Ricker FROM: Michael J. McCauley, City Manager DATE: April 3, 2002 SUBJECT: Prosecution Services Prosecution services were last reviewed in 1997 for the period 1998 through 2001. In our last request for proposals, we did receive several proposals from firms. The decision was made at that time to continue with Carson and Clelland. The purpose of placing the item on the agenda is to determine if the City Council wishes to go forward with requests for proposal again since this would be the normal cycle for proposals. The Council may wish to consider not soliciting proposals at this time since we are in the middle of the Summerchase issues. Additionally, Community Development and the Police Department have been and continue to be very satisfied with the services of Carson and Clelland. 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 Public Copy CITY COUNCIL MEETING • City of Brooklyn Center April 8, 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 snake personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting -The City Council requests that attendees turn off cell phones and pagers during the meeting. 4. Roll Call 5. Pledge of Allegiance • 6. Council Report 7. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Council Members not present at meetings will be recorded as abstaining from the vote on the minutes. 1. March 25, 2002 - Study Session 2. March 25, 2002 - Regular Session b. Licenses C. Resolution Approving Surety Reduction for Sunlite Properties d. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2001- 09, Exterior Finish Restoration Central Garage Campus • I CITY COUNCIL AGENDA -2- April 8, 2002 • e. Resolution Approving Final Plat for SUPER AMERICA 5 TH ADDITION 8. Appearance a. Brooklyn Center Students - Art Contest Winners 9. Public Hearing a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Southwest Comer of 57th and Logan Avenues North) -This item was first read on February 11, 2002, published in the official newspaper on February 20, 2002, and was offered for second reading and public hearing on March 13 and March 25, 2002, at which time was continued to April 8, 2002. -Requested Council Action: -Re -open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 10. Planning Commission Item ® a. Planning Commission Application No. 2002 -004 Submitted by L & D Maintenance Company. Request for Special Use Permit and Site and Building Plan Approval to Construct a Car Wash and Storage /Equipment Room Addition to the Gasoline Station/Convenience Store at 1505 69th Avenue North. The Planning Commission recommended approval of this application at its March 28, 2002, meeting. -Requested Council Action: - Motion to approve Planning Commission Application No. 2002 -04 subject to the conditions recommended by the Planning Commission. 11. Council Consideration Items a. Proclamation Declaring April 7 Through 13, 2002, To Be Community Development Week *Requested Council Action: - Motion to adopt proclamation. b. Proclamation Declaring April 13, 2002, To Be a Day of Spiritual Rededication and Prayer in Brooklyn Center Requested Council Action: - Motion to adopt proclamation. • CITY COUNCIL AGENDA -3- April 8, 2002 • C. Proclamation Declaring April 14 Through 20, 2002, National Public Safety Telecommunications Week • Requested Council Action: - Motion to adopt proclamation. d. An Ordinance Amending Chapter 7 of the Brooklyn Center City Charter -Requested Council Action: - Motion to approve first reading and set second reading and public hearing for May 13, 2002. e. Resolution Adopting Revised Personnel Rules and Regulations for Part-Time Employees and Accepting Revised Rules and Regulations Adopted by Brooklyn Center Volunteer Fire Department -Requested Council Action: - Motion to adopt resolution. f. Resolution of the City of Brooklyn Center, Minnesota Approving Supplement Number One to Indenture of Trust and Authorizing Its Execution and Delivery and • the Execution and Delivery of Related Documents with Respect to its Multifamily Housing Revenue Bonds (Shingle Creek Tower Project) Series 1999, Issued in the Original Aggregate Principal Amount of $7,200,000 • Requested Council Action: - Motion to adopt resolution. g. Resolution Authorizing the Execution of a Project Cooperation Agreement for the Riverbank Protection Project -Requested Council Action: - Motion to adopt resolution. 12. Adjournment • • City Council Agenda Item No. 7a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 25, 2002 WEST FIRE STATION — TRAINING ROOM CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in study session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Bob Peppe, and Tim Ricker. Councilmember Ed Nelson was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed agenda items 9c, Resolution Approving Plans for Temporary Signal at 50` Avenue and Highway 100, and 9d, Resolution Amending the Schedule for Courtesy Bench License Fees and Setting Fees for Courtesy Bench Inspection and Permit Fees. HUMBOLDT SQUARE SHOPPING CENTER Councilmember Peppe discussed that he had been contacted regarding the activities taking place at the Humboldt Square Shopping Center. City Manager Michael McCauley informed the Council that he would have the Police Department monitor the area and report back to the Council. Mr. McCauley suggested that the Council consider discussing the review of social service funding before the discussion of the Azelia extension/response to recent requests from Diane Niesen. REVIEW OF SOCIAL SERVICE FUNDING Council discussed the current joint powers agreements with social services and the funding issues that the City is facing at the current time. It was the consensus of the Council to have a letter written to the social service agencies to update them on the City's position with funding and to suggest that they contact the State Legislature. • 03/25/02 -1- DRAFT AZELIA EXTENSION/RESPONSE TO RECENT REQUESTS FROM DIANE NIESEN • Mayor Kragness informed the Council that there were several people to speak to the Council at Open Forum regarding this item and suggested that the Council adjourn the meeting at this time and open the nformal Open Forum. rum. p o ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the study session at 6:16 p.m. Motion passed unanimously. City Clerk Mayor i • 03/25/02 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 25, 2002 WEST FIRE STATION — TRAINING ROOM 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum at 6:17 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Bob Peppe, and Tim Ricker. Councilmember Ed Nelson was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. Mayor Kragness stated that this time is an opportunity for citizens to address the Council on items which are not on the agenda and that this time is not televised. This time is not to be used to make • personal attacks, air personality grievances, make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with the citizens and questions from the Council will be for clarification only. This time will not be used for problem solving or reacting to the comments made, but rather for hearing the citizens for informational purposes only. Mayor Kragness suggested that each citizen address the Council and make their statement brief since they were all discussing the same issue. The following addressed the Council to oppose option two for the France Avenue relocation which had been previously chosen by the City Council at the November 27, 2000, meeting: Paul Oman, 5239 East Twin Lake Boulevard Bobbie Simons, 4210 Lakebreeze Avenue Brian Berger, 3937 51 Avenue North Jerome Johnson, 5333 East Twin Lake Boulevard Diane Niesen, 5107 East Twin Lake Boulevard Pat Cross, 3800 52" Avenue North Merlin Cross, 3800 52n Avenue North Maurice Britts, 4819 Lakeview Avenue Penny Brown, 4819 Azelia Avenue North • 03/25/02 -1- DRAFT Dale Grover, 4113 Lakebreeze Avenue • J. Vollie Grover, 4113 Lakebreeze Avenue Charles Nichols, 4812 Lakeview Avenue Bob Hill, 4701 Twin Lake Avenue Wayde Lerbs, 5107 East Twin Lake Boulevard Steve Spaid, 3850 Oak Street Phil Roche, 5301 Brooklyn Boulevard Roni Brunner, 4701 Twin Lake Avenue Mr. Oman informed the Council that he believes he has new evidence of lies that had been presented to the Council and asked that the Council reconsider their vote from November 27, 2000, meeting. Ms. Simons requested that the Council eliminate option two and consider option three of the four options that had been presented to the City Council. Ms. Niesen showed three overheads that had been presented to the Council at previous meetings and expressed that the Council needs to revisit this issue. She believes the Council was rushed to judgment with the decision for the France Avenue relocation and that the Council needs to review the costs and revote on the issue. Ms. Britts expressed that she believes the Council should reconsider option two and choose option three. Ms. Brown discussed that she owns an apartment building in the area and is against the traffic on Azelia Avenue. Mr. Grover discussed that he believes the Council should consider option three, and that option three would be more beneficial. Ms. Grover asked the Council to consider option three. Mr. Nichols stated that he is considering long -term costs of the project and the cancer concerns. Mr. Hill requested that the Council reconsider the options and revote on the issue. He believes that the Council was pressured by the Minnesota Department of Transportation (Mn/DOT) and that the Council needs to stand up to Mn/DOT. Mr. Lerbs informed the Council that he has no financial stake or political aspiration. His issue is safety. He discussed a letter from Mn/DOT regarding the Shingle Creek Watershed issue relating to a roadway and suggested that the Council research this issue with the City Attorney. He asked that the Council take the opportunity to change, what be believes, has gone wrong, and informed the Council that he had approximately 1,000 reports if they wanted help with research. 03/25/02 -2- DRAFT • Mr. Spaid requested that the Council consider option three. Mr. Roche discussed that he was at the City Council meeting on February 25, 2002, which discussed the meeting of March 12, 2002, and that he had not received any notification of the meeting for March 12, 2002. Ms. Brunner discussed concerns she had with the groundwater under the Joslyn site and asked that the Council bring this issue back for another vote to avoid potential liabilities. Mr. Hill questioned if any action would be taken on this item and if not what they would have to do to have some action taken on this issue. Councilmember Peppe informed the citizens that the Council cannot take action on this issue until all approvals are submitted to the Council. Ms. Niesen expressed concern about the work progressing on the railroad and questioned if Mn/DOT will be notified of the issues that are going on with this project. City Manager Michael McCauley informed the Council that he could advise Mn/DOT the Council's target date for making a final decision with respect to the proposed Azelia Avenue extension. The Council consensus was that the matter be placed on the April 22, 2002, agenda for consideration of approval upon receipt of the required environmental permits. ADJOURN INFORMAL OPEN FORUM There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn Informal Open Forum. Motion passed unanimously. 2. INVOCATION A moment of silence was offered. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Bob Peppe, and Tim Ricker. Councilmember Ed Nelson was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, Community Development Director Brad Hoffman, City Engineer Todd Howard, City Attorney Bob Vose, and Deputy City Clerk Maria Rosenbaum. • 03/25/02 -3- DRAFT 5. PLEDGE OF ALLEGIANCE • The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Ricker reported that he attended the Housing Commission meeting on March 19, 2002, and that the topic discussed was the rental ordinance. Councilmember Peppe reported that he attended the Park and Recreation Commission meeting on March 19, 2002, and that the commission continues to discuss the grand opening of the Community Center that will be held on June 30, 2002, from 1:00 p.m. to 5:00 p.m. The Commission also discussed the Shingle Creek Watershed clean up scheduled for April 20, 2002, skateboard parks, and the Commission Recognition Event to be held on April 15, 2002. Councilmember Lasman reported that she attended the National League of Cities Conference in Washington D.C. March 8 through 12, 2002. She shared informed received at the sessions she attended and informed the Council that she thought the conference was very positive. On March 17, 2002, she attended the Heritage Festival, and on March 19, 2002, she attended the Northwest Hennepin Human Rights Art Contest and the Crime Prevention meeting. Mayor Kragness discussed the Northwest Hennepin Family Services Collaborative will sponsor a Children's Defense Fund on April 25, 2002, 6:30 p.m. at the Riverview United Methodist Church. • She reported that the construction at Marshall Field's may be starting on April 15, 2002. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the minutes of the March 11, 2002, regular session, March 13, 2002, study and regular sessions, and March 18, 2002, general work session with Commission Chairs. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. 03/25/02 -4- DRAFT • MECHANICAL Albers Mechanical Service Inc. 200 West Plato Boulevard, St. Paul Allied Fireside 2700 Fairview Avenue North, Roseville Assured Heating A/C 514 Jefferson Highway, Champlin Auto Garage Door & Fireplace 9210 Wyoming Avenue North, Brooklyn Park Blaine Heating & A/C, Elec. Inc. 13562 Central Avenue NE, Ham Lake Centraire Heating & A/C 7402 Washington Avenue South, Eden Prairie Condor Fireplace & Stone 8282 Arthur Street NE, Spring Lake Park Cronstrom's Heating & A/C 6437 Goodrich Avenue, St. Louis Park Countryside Heating & Cooling 6511 Highway 12, Maple Plain Dependable Indoor Air 2619 Coon Rapids Boulevard NW, Coon Rapids Ditter, Inc. 820 Tower Drive, Medina Fore Mechanical 3520 88th Avenue NE, Blaine Golden Vallley Heating 5182 West Broadway, Crystal Guyer's Builder's Express 13405 15` Avenue North, Plymouth Hansen Heating, Inc. 16218 Eveleth Street, Ham Lake Home Energy System 15200 25th Avenue South, Plymouth McDowall Company P O Box 1244, St. Cloud M & D Plumbing & Heating Inc. 11050 26th Street NE, St. Michael The Maintenance Team Inc. 5599 West 78th Street, Edina Maple Grove Htg & A/C 401 County Road 81, Osseo Metropolitan Mech Contractors 7340 Washington Avenue South, Eden Prairie • Modern Heating & A/C 2318 First Street NE, Minneapolis P & H Services Co 1601 67th Avenue North, Brooklyn Center Quality Refrigeration 6237 Penn Avenue South, Richfield Residential Heating & A/C 1815 East 41 st Street, Minneapolis Riccar Heating & A/C 2387 Commercial Boulevard NW, Andover River City Sheet Metal Inc. 9928 Bluebird Street NW, Coon Rapids Ron's Mechanical 12010 Old Brick Yard Road, Shakopee Rouse Mechanical 7320 Oxford Street, St. Louis Park Sedgwick Heating & A/C 8910 Wentworth Avenue South, Minneapolis Sharp Heating & A/C 4854 Central Avenue NE, Columbia Heights Standard Heating & A/C 410 West Lake Street, Minneapolis Suburban Air Conditioning 1290 B Osborne Road NE, Fridley Superior Heating, A/C & Elec. 2132 2nd Avenue North, Anoka Total Comfort 12800 Hwy 55, Plymouth Vogel Sheetmetal Inc. 10684 Lansing Avenue North, Stillwater Wenzel Heating & A/C 4131 Old Sibley Memorial Hwy, Eagan Yale Inc. 9649 Girard Avenue South, Minneapolis • 03/25/02 -5- DRAFT RENTAL Renewal: Ryan Terrace Apts (3601 47th Ave N) Robert Carpentier 3715 69th Avenue North Gary Olson 5401 Brooklyn Boulevard Northport Properties 5407 Brooklyn Boulevard Duane Orn 4902 France Avenue North William Dudley 5200 France Avenue North Christian Knutson 3819 France Place Robert Lindahl 1513 Humboldt Place North Daystar Investments, Inc 1549 Humboldt Place North Daystar Investments Inc 4204 Lakebreeze Avenue North Kathy Nguyen Initial: 3807 61st Avenue North Toshie Metzger 7c. RESOLUTION APPROVING ISSUANCE OF AN ON -SALE, CLASS D INTOXICATING LIQUOR LICENSE TO VALLARTA'S 91, DBA VALLARTA'S MEXICAN RESTAURANT RESOLUTION NO. 2002 -40 Councilmember Lasman introduced the following resolution and moved its adoption: • RESOLUTION APPROVING ISSUANCE OF AN ON -SALE, CLASS D INTOXICATING LIQUOR LICENSE TO VALLARTA'S 91, DBA VALLARTA'S MEXICAN RESTAURANT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7d. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NOS. 2002 -01, 02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2002 -41 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NOS. 2002 -01, 02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS - - DRAFT 03/25/02 6 • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST CORNER OF 57 AND LOGAN AVENUES NORTH) Mr. McCauley informed the Council that the plat had not been filed and requested the Council to table this item to the April 8, 2002, meeting. There was a motion by Councilmember Lasman, seconded by Councilmember Ricker to table this item to the April 8, 2002, meeting. Motion passed unanimously. 8b. AN ORDINANCE AMENDING SECTIONS OF CHAPTER 12 OF THE BROOKLYN CENTER CODE OF ORDINANCES RELATING TO THE LICENSING OF RENTAL PROPERTIES Mr. McCauley discussed that this proposed ordinance amendment is a technical amendment that had been drafted and recommended by the City Attorney and the City Prosecutor and advised the Council that the City's Prosecuting Attorney Bill Clelland was available to discuss the proposed • amendment. Mr. Clelland addressed the Council to provide an overview of the proposed amendment that would give the City more flexibility to suspend or revoke, a portion, not the entire rental property, define punishments, and clarifies matters that may come up at a later time. He informed the Council that this proposed amendment addresses detail that was lacking and that he believes this amendment is appropriate and provides guidance. Mayor Kragness asked Mr. Clelland to clarify the following statement: Violations may be cited by the City and prosecuted, and license suspension, revocation or non - renewal may be undertaken by the City whether or not a compliance order has been issued. Mr. Clelland said that this statement is not new, it is already addressed in Chapter 12, he believed Section 12 -1205. There are property owners that do not address violations until City inspections and that staff is usually good about working with the owners. The City is not to be responsible for maintaining rental properties. Councilmember Lasman questioned what the outcome of the meeting was with the property owners and who else might have attended the meeting. Mr. McCauley informed the Council that the property owners, Housing Commission, and ARM had discussed the proposed amendment. The property owners disagreed with some of the proposed ordinance. The Housing Commission was in favor of the ordinance. ARM took no position. • 03/25/02 -7- DRAFT There was a motion by Councilmember Lasman, seconded by Councilmember Ricker to continue the Public Hearing. Motion passed unanimously. Jim Sodderberg from Melrose Apartments, 6401 Camden Avenue North, addressed the Council to express that he thinks more time is needed to come up with solutions for this ordinance. He suggested a collaborative effort with the City of Brooklyn Park and that the Council table this item for another 30 to 60 days to address concerns about the vagueness of language. Mark Yelich, Housing Commission Chair, discussed that the Housing Commission unanimously approved and recommended the proposed amendment as written. He discussed there will be future actions to be reviewed and that he does not see any reason to delay this matter. Janine Atchison, 5907 June Avenue North, addressed the Council to express that she still disagrees with Section 12 -910 and that she would be willing to work with City staff to set standards and conditions. Mr. McCauley talked about phase two of this matter and informed the Council that interested parties will be involved in phase two before presenting an actual ordinance for Council introduction. Councilmember Ricker questioned Ms. Atchison if she was comfortable with the statement in the proposed amendment that reads: Violations may be cited by the City and prosecuted, and license suspension, revocation or non - renewal may be undertaken by the City whether or not a compliance • order has been issued. Ms. Atchison stated that she did not have a problem with that statement. Councilmember Peppe questioned whether or not the City of Brooklyn Center should be involved with the City of Brooklyn Park. He believes there might be advantages to work with a partnering City. Councilmember Ricker agreed that he thought working with the City of Brooklyn Park would be a good idea and that it would be nice to develop a coalition on rental changes. Mr. Sodderberg informed the Council that the City of Brooklyn Park will have a meeting on March 28, 2002, at 9:30 a.m., if anyone was interested in attending the meeting. Frank Lang, CEO of Earle Brown Crossings, addressed the Council to discuss that he is much in favor of the proposed amendments and believes that the City of Brooklyn Center should work with the City of Brooklyn Park to have some similarities with multi - housing. Mr. Lang asked that more time be allowed for the language to be modified. The Sterling Square Apartment Owner addressed the Council to discuss that he recently took over at Sterling Square Apartments and that he does not know all of the rental issues. He urged the Council to continue this matter until it collaborates with the City of Brooklyn Park. 03/25/02 -8- DRAFT • Councilmember Ricker stated that he hears the concerns and believes that matter should be tabled to the April S, 2002, meeting. Mayor Kragness questioned if the proposed amendments were approved and once the meetings had taken place more amendments were needed if the Council would be able to amend the ordinance again. Mr. McCauley discussed that the Council can amend an ordinance at anytime. Councilmember Peppe concurred that talking with the City of Brooklyn Park to get an idea of what they are working on would be an idea he would like to pursue so that the City of Brooklyn Center could be on the same track. Councilmember Ricker stated that he believes getting on the same track would be beneficial to the City. There are a lot of details involved and the City should work with the City of Brooklyn Park. He again suggested tabling this item. Councilmember Ricker questioned the urgency relating to this proposed amendment. Mr. McCauley informed the Council that the contemplating of revoking a license would be better served to have this ordinance established. Mr. Clelland discussed the serious process for revoking or suspending a license and that a great deal of reason was built in the proposed amendments for the current situation that the City is facing. City Attorney Bob Vose discussed that as written in a letter addressed to Mr. Clelland, Attorney ® Charlie LeFevere is comfortable with the language as written. Kris Lawrence - Anderson, 5213 Eleanor Lane, addressed the Council and shared that she is a Housing Commission Member and is upset about the things she is hearing about this matter. She would like the City to be cleaned up and believes that the ordinance should be adopted now as written. There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. Councilmember Lasman stated that she would like to see this proposed amendment passed at this time since the Housing Commission and the City Attorneys have recommended approval and that she respects the property owners and others who have spoke in regards to this matter and would like to see continued discussions. Councilmember Peppe agreed with Councilmember Lasman and would like to work with the City of Brooklyn Park at refining the ordinance. ORDINANCE NO. 2002 -03 Councilmember Lasman introduced the following ordinance and moved its adoption: • 03/25/02 -9- DRAFT AN ORDINANCE AMENDING SECTIONS OF CHAPTER 12 OF THE BROOKLYN CENTER • CODE OF ORDINANCES RELATING TO THE LICENSING OF RENTAL PROPERTIES The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. PROCLAMATION DECLARING APRIL 2002 CHILD ABUSE PREVENTION MONTH Mayor Kragness read the proclamation. A motion by Councilmember Lasman, seconded by Councilmember Peppe to adopt Proclamation Declaring April 2002 Child Abuse Prevention Month. Motion passed unanimously. 9b. RESOLUTION AMENDING THE 2002 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE PURCHASE OF ONE 1500 GPM FIRE APPARATUS AND CALLING FOR BIDS Mr. McCauley discussed that this resolution would amend the 2002 Central Garage Budget to provide for the purchase of one 1500 GPM fire apparatus. The 1500 GPM diesel pumper fire • apparatus was scheduled for replacement in 2004 but due to the deteriorating and unsafe condition of the present 1982 fire apparatus it is suggested to be replaced this year. It is possible for the City to purchase a fire apparatus manufactured in 2002 and have it delivered in late 2002 for approximately $280,000. This would be a savings of approximately $40,000 over purchasing in 2004. There is sufficient cash in the fire portion of the Central Garage to make the purchase, but additional funds will need to be identified to replace the difference between the accumulated depreciation for this piece of equipment and its cost. RESOLUTION NO. 2002 -42 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2002 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE PURCHASE OF ONE 1500 GPM FIRE APPARATUS AND CALLING FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9c. RESOLUTION APPROVING PLANS FOR TEMPORARY SIGNAL AT 50TH AVENUE AND HIGHWAY 100 03/25/02 -10- DRAFT • Mr. McCauley discussed that this resolution would approve a temporary signal at the intersection of 50` Avenue and Highway 100 that includes constructing a left turn lane on northbound Highway 100 and closing off 50"' Avenue east of Highway 100. Councilmember Ricker questioned if a timer or sensor will trigger the intersection. City Engineer Todd Howard informed the Council that there would be no loop detectors and that Mn/DOT may use microwave detectors. He stated that Mn/DOT would keep the traffic moving on Highway 100 during the temporary signal. RESOLUTION NO. 2002 -43 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS FOR TEMPORARY SIGNAL AT 50 AVENUE AND HIGHWAY 100 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9d. RESOLUTION AMENDING THE SCHEDULE FOR COURTESY BENCH LICENSE FEES AND SETTING FEES FOR COURTESY BENCH INSPECTION AND PERMIT FEES • Mr. McCauley iscussed that the City Council adopted Ordinance 2001 -06 on April 23 2001 which Y Y p p > included language that a resolution would be adopted by the City Council setting inspection and permit fees. This resolution would amend the City's current fee schedule and set the courtesy bench inspection fee at $50 and the permit fee if the application is approved at $30. RESOLUTION NO. 2002 -44 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE FOR COURTESY BENCH LICENSE FEES AND SETTING FEES FOR COURTESY BENCH INSPECTION AND PERMIT FEES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9e. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS Mr. McCauley discussed with the sell -off of Firstar Bank assets, the Bremer Banks added a presence in the City of Brooklyn Center and have requested status as a designated depository. This resolution would identify Bremer Bank as a designated depository for 2002. • 03/25/02 -11- DRAFT RESOLUTION NO. 2002-45 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the City Council meeting at 8:15 p.m. Motion passed unanimously. City Clerk Mayor • 03/25/02 -12- DRAFT • City g Council Agenda Item No. 7b • • i Brook Center �T C ity o rookl y f y A Millennium Community • TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: Ap ril 3, 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 April 8, 2002. MECHANICAL Advanced Energy Services 3650 Annapolis Lane, Plymouth Dave's Appliance Htg & A/C 1601 37th Avenue NE, Columbia Heights Enviroworld USA 3801 W 98th Street, Bloomington Harris Companies 909 Montreal Circle, St. Paul Royalton Heating & A/C 4120 85th Avenue N, Brooklyn Park Southtown Refrigeration 5610 West 36th Street, St. Louis Park • Thermex Corporation 3529 Raleigh Avenue S, St. Louis Park TNC Industrial 1848 Berkshire Lane, Plymouth RENTAL Renewal: 5207 Xerxes Avenue N Dennis Bona Brookdale Towers Hillaway Investments, LLC Victoria Townhomes The Gaughan Companies SIGNHANGER Arrow Sign Company 13735 Aberdeen Street NE, Ham Lake Universal Sign Company 1033 Thomas Avenue, St. Paul 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. 7c • MEMORANDUM DATE: April 3, 2002 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer SUBJECT: Resolution Authorizing Surety Reductions for Sunlite Properties The developer of Sunlite Properties deposited irrevocable letters for the construction and monitoring of a wetland. The five -year monitoring period has now expired and the developer has requested a reduction in its letter of credit for work completed. Council authorization is required to reduce the letter of credit. In accordance with the requirements of the Shingle Creek Watershed Commission, the developer submitted letters of credit in the amount of $2,500 and $5,000 to ensure wetland creation and monitoring. The monitoring period has been completed and the developer has requested that the letters of credit be eliminated. It is recommended that Council approve the attached resolution authorizing the surety reductions • for Sunlite Properties. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING SURETY REDUCTION FOR SUNLITE PROPERTIES WHEREAS, the developer of Sunlite Properties submitted a Letter of Credit as security for the public improvements; and WHEREAS, the improvements have been completed and the security can be reduced. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Riverside Bank is authorized to reduce the Letter of Credit Number #5008 in the amount of $2,500.00 leaving a zero balance. • 2. Riverside Bank is authorized to reduce the Letter of Credit Number #5007 in the amount of $5000.00 leaving a zero balance. 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 ® MEMORANDUM DATE: April 2, 2002 TO: Michael J. McCauley, City Manager FROM: Dave Peterson, Public Works Superintendent SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2001 -09, Exterior Restoration Central Garage Campus Sealed bids were opened March 19, 2002 for the painting of the City Garage Campus, including main garage building, salt/cold storage building and street side of masonry perimeter- retaining wall. Council action is required to award the contracts. The project was started in 2001 and consisted of the addition of 6 windows in the north wall of vehicle storage and one in sign shop. Sandblasting of 280 ft. of north wall of vehicle storage was completed in November 2001 and exposed wall was allowed to dry over winter to let trapped moisture out. Bids were received from two qualified contractors as follows: It appears by having an early bid date, we have received very good pricing. • Bidder Bid Amount Rainbow Inc. $59,880.00 Swanson & Youngdale, Inc. $72,180.00 Based on the engineer's estimate of $75,000, it appears that prices are competitive. It is recommended that Council approve the attached resolution accepting the low bid and awarding Improvement Project No. 2001 -09 to Rainbow Inc. in the amount of $59,880.00. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2001 -09, EXTERIOR FINISH RESTORATION CENTRAL GARAGE CAMPUS WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 2001 -09, bids were received, opened, and tabulated by the City Clerk and the Public Works Superintendent on the 19' day of March 2002. Said bids were as follows: Bidder Bid Amount Rainbow Inc. $59,880.00 Swanson & Youngdale, Inc. $72,180.00 WHEREAS, it appears that Rainbow Inc. is the lowest responsible bidder. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the bid of Rainbow Inc. is hereby accepted and contract awarded according to the plans and specifications on file in the office of the City Engineer. 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 • MEMORANDUM DATE: April 3, 2002 TO: Michael McCauley, City Manager FROM: Todd Howard, City Engineer SUBJECT: Resolution Approving Final Plat, SUPERAMERICA 5``' ADDITION On February 11, 2002, the City Council approved the Preliminary Plat. The property owner, Speedway SuperAmerica, LLC, has submitted an application for Final Plat. The purpose of this plat is to combine portions of three parcels located at the intersection of 57`'' Avenue and Logan Avenue North containing the current SuperAmerica. The proposed plat will allow for a new expanded SuperAmerica site. The property owner has agreed to dedicate a 7 -foot trail easement along 57' Avenue. The Plat of SuperAmerica 5' Addition is recommended for final approval. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT, SUPERAMERICA 5 TH ADDITION WHEREAS, the City Council on February 11, 2002 approved the Preliminary Plat of SUPERAMERICA 5"' ADDITION; and WHEREAS, the owner Speedway SuperAmerica, LLC has applied for Final Plat approval as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the final plat for SUPERAMERICA 5 TH ADDITION is hereby approved subject to the following conditions: 1. Any additional requirements of the City Engineer or City Attorney. 2. Any additional provisions of Chapter 15 of the City Ordinances. 3. Any other conditions of Hennepin County as required. • 4. A 7 -foot trail easement along 57" Avenue North shall be dedicated. 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. . 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I I scat t / wo1 [� II n«mn r, ss . wn. i 1e I .cs Dmela, Cdwade BWe Sprvca Ine e.,b••n f3l feel -i<5 tl r. f 3- eee -p53e _� 11 11111111 ■ ■115. ■ = . �- �f!I,l II �• i11 X 1111111 1111111 x1111 - 111111 1111 111E111 1111111111 mill 11 �" 11 I�� I1111 �■ ■ ■ 111 111 . 1fliTff�li111 ■111111111�1�111■ - -. 111 ..., �' � � 111 • �•' 11�1�11 111 1111111 il�'111■ ' j �� 11' ' .111 1111 11111 I 1 IIII IIr111 rI • • ►�lt1�Ttl�tlill ■1111 111 ■11■ 111 1111 11111 111111 - 1111111 1. 1' ��ro I 11 . ELI mill 111111 ■11 �I�1111 11111 �_ IIIIi► Iii . MIN ' 1 11111111 1111111 111111 ri �„ Ir■ I h1INr = 1 ■ :. ■■ mill ' 1 111111 . ��I ° �■ � '�I�,:IIL'�!:��!�l:,�; jf� 11��l�1111 r •'j� ` .rir'p1t�T r L.`.ti ryyl { r,y��+ ��tiX�.,l•St't,vt� P - r r t r. . � .. • i. � tV ' r A 7 < f f t � i i City Council Agenda Item No. 8a I� Northwest Regional Human Rights Coalition Third Annual Art Contest Contest background: The contest was established in 1999 by the Northwest Regional Human Rights Coalition. The Northwest Regional Human Rights Coalition is a collaboration of area cities andlocal human rights commissions that united to work on human rights issues on a regional level. The effort is coordinated by the Northwest Hennepin Human Services Council. The art contest was designed to be a way to introduce 6 7h ' and 8 t ' grade students to universal human rights issues by using artistic expression. This year roughly 90 students from this region, representing 6 different junior high schools, submitted art for the contest. A panel of five judges made decisions about each piece of art by considering the student's use of media, the emotional impact or response of the art, the interpretation of the theme, and the layout or creativity of the piece. The panel of judges arrived at a collection of 20 winning entries. All of the winning art is displayed this evening. The art will also be displayed at several other City Council meetings in the region, the Rockford Road Library and is also displayed on the MN Department of Human Rights Website. Brooklyn Center has supported this contest for the past three years by providing overall suppo rt and participation for regional human rights through Coalition efforts. Tonight three winners in this year's contest are here to show their art. All three students attend St. Alphonsus Catholic School. Sarah Svegal, 2 nd place winner, Bethany Huhta, Honorable Mention winner, and Kelsey Rose, Honorable Mention Judge's Favorite winner are the three students here tonight. If anyone has any questions about the contest, please call Valerie Jones at 493 -2802. The following students won honors in this year's contest. Prize Winners First Place Hannah Dyrud 7 ffi Grade Medicine Lake Lutheran Academy Plymouth Resident Second Place Sarah Svegal 6 Grade St. Alphonsus Catholic School Brooklyn Park Resident Third Place Brenda Khothsombath 8"' Grade Sandburg Middle School Golden Valley Resident Honorable Mentions Megan Jantscher 8 ffi Grade Plymouth Plymouth outh Middle School Pl outh Resident Sam Eaton 8"' Grade Plymouth Middle School Crystal Resident Jon Andress 8' Grade Plymouth Middle School Crystal Resident Brenda Madsen 8 Grade Plymouth Middle School New Hope Resident Nou Thao 8 ffi Grade Sandburg Middle School Minneapolis Resident Danielle Bryant 7"' Grade TLC School Brooklyn Park Resident Kayla Christy 6' Grade Medicine Lake Lutheran Academy Robbinsdale Resident Jeremy Sheppard 7 Grade Medicine Lake Lutheran Academy St. Louis Park Resident Amanda Kjelstad 8 Grade Plymouth Middle School New Hope Resident Wendy Weimerskirch 8' Grade Plymouth Middle School Plymouth Resident Bethany Huhta 6' Grade St. Alphonsus School Brooklyn Center Resident Emily Wick 7 ffi Grade Medicine Lake Lutheran Academy Maple Grove Resident Honorable Mention, Judee's Favorite Jeremy Miller 8 ffi Grade Plymouth Middle School Plymouth Resident Kelsey Rose 6' Grade St. Alphonsus School Brooklyn Park Resident Gretchen Floan 7 ffi Grade Medicine Lake Lutheran Academy Plymouth Resident Caleb Krause 6 Grade Medicine Lake Lutheran Academy Champlin Resident Jason Askew 8' Grade Sandburg Middle School Robbinsdale Resident • City Council Agenda Item No. 9a CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 11th day of March, 2002, at 7:00 p.m. or as • soon thereafter as the matter may be heard at the West Fire Station, 6250 Brooklyn Boulevard, to consider an Ordinance Amending Chapter 35 the City Ordinances regarding the zoning classification of certain land. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SW CORNER OF 57TH AND LOGAN AVENUES NORTH) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce District zoning classification: Tracts B and C, And D Registered Land Survey No. 1114. That part of th ne rtl, 1 10 Rea .Af L 35, A u di or Subdi k,: ,oi' 'N q. 2 lying °o xv Ar-oSt -li4le tvf -the ge ca ci ry -^v 1 a n it, 1 / � v- ; t 14-of Se -otiAn t Lot 1, Block 1, SuperAmerica 5th Addition. Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development zoning classification: 4. The following properties are designated as PUD /C2 (Planned Unit Development/Commerce): Lot 2, Block 1, SuperAmerica 5th Addition Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of April 2002. Mayor ATTEST: City Clerk Date of Publication: • Effective Date: (Strikeout indicates matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 10a • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Plan ling and Zoning Spec list Subject: City Council Consideration Item - Planning Commission Application No. 2002- 004 Date: April 3, 2002 On the April 8, 2002 City Council Agenda is Planning Commission Application No. 2002 -004 submitted by Joe Kielsing, L & D Maintenance Co. requesting a Special Use Permit and Site and Building Plan approval for a car wash and storage /equipment room addition to the gasoline station/convenience store at 1505 69th Avenue North. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2002 -004 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the • Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their March 28, 2002 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. O Application Filed on 3 -14 -02 City Council Action Should Be Taken By 5 -13 -02 (60 Days) Planning Commission Information Sheet Application No. 2002 -004 Applicant: Joe Kiesling, L & D Maintenance Co Location: 1505 69th Avenue North Request: Special Use Permit/Site and Building Plan Approval The applicant, Joe Kiesling of L & D Maintenance Co, on behalf of Hark's Conoco the lessee of the building at 1505 69th Avenue North is seeking a special use permit and site and building plan approval to construct a car wash and storage /equipment room addition to the existing gas station/convenience store at this location. The property in question is zoned C -2 (Commerce) and is bounded on the south and west by R -5 zoned property containing the Humboldt Courts Apartments; on the north by 69th Avenue with the Brooklyn Center School District Community Corner building on the opposite side of the street; and Humboldt Avenue on the east. Gas stations /convenience stores and car washes are special uses in the C -2 zoning district. The applicant is proposing to add a 16 ft. by 50 ft. (800 sq. ft.) car wash to the back, or southeast • side, of the building, which will be attached to the existing building by a new 320 sq. ft. mechanical/equipment room. The existing retail area at the station will remain the same. ACCESS/PARKINCT The proposed plan calls for no change to the access to the site, which is presently gained via one access each on 69th and Humboldt Avenues. The building is just under 2,000 sq. ft. and requires eleven parking spaces. Approximately five parking spaces on the easterly side of the building will be lost due to the construction of a new drive lane serving the new car wash. Five spaces exist along the south property line and approximately five spaces can be provided along the west side of the site. Four spaces are also shown at the northeast corner of the site. Pump island parking also exists. Parking on the site exceeds the parking requirement for a retail use. No parking is allowed in front of the building and this should be posted and observed. An additional handicap stall is shown on the westerly end of the building. GR ADING/DR AINAGE/T TTTT TTTR4 No grading, drainage, utility plan has been submitted and revisions are minor. Such plans are subject to the review and approval of the City Engineer. No major changes or problems are anticipated with the applicant's proposal. Curb and gutter are to be removed on both sides of the building to provide for the drive lane leading to and from the new car wash building. New curb and gutter (B -612) will be provided to delineate the new driveway. 15 ft. by 16 ft. heated concrete slabs will also be provided by the • 3 -28 -02 Page 1 entrance to and exit from the car wash. It is recommended that concrete curb and gutter be modified to provide a parking protector between the drive lane exiting the car wash and the parking spaces along the west side of the site. LANDSCAPING The applicant is proposing no new landscaping as part of the project. They have submitted a landscape inventory showing existing landscaping and the point value for it. The site is .87 acres and requires 80 landscape points. Twelve shade trees (Silver Maple and Ash/Elm), five Spruce and ten Pines are shown on the inventory all of which are located on the south and west green strips, or in the back of the building. The point value of these trees is 230 points. Utilizing the landscape point system, which encourages a variety of trees and shrubs, 72 points are credited for this site. It is recommended that additional low -lying shrubbery be provided in the Humboldt and 69h Avenue green strips as part of the landscape plan. Underground irrigation should be located on the site. BT TTT ,DTNCT As mentioned, the car wash will be located to the back of the existing building and connected to the building with an equipment/storage room. The exterior of the existing building is a combination of brick, concrete block, and vertical board siding. They are proposing a rock faced concrete masonry unit finish for the new addition, which will be painted to match the existing • brick finish. 10 ft. by 10 ft. overhead doors will be located at either end of the new car wash. TR A STH /T .IGHTTNG There are no changes proposed to this site with respect to lighting. A trash enclosure is not indicated on the site plan, however, an unscreened dumpster is located along the south side of the site and must be screened. Provisions should be made to provide proper trash screening and the plans should be amended to reflect its location and material. The material used should be consistent with the exterior treatment of the building. There appears to be winter damage to a recently constructed screen fence along the south property line. This should be repaired. A propane facility is located at the northeast corner of the building and will continue on the site. Previous owners of the building have been notified that any identification or advertising signery is not permitted on the propane tank screening device. Such a sign exists and should be removed. Also, product advertising signs have been affixed to light poles and other standards throughout the site. These signs also are in conflict with the City's Sign Ordinance and must also be removed. It should be pointed out that similar signs at the facility on Humboldt Avenue at Freeway Boulevard also exist. This station is owned by the operators of the 69th and Humboldt Avenue facility. These matters should also be addressed and it should be stressed to the owners the need to comply with sign ordinance requirements. • 3 -28 -02 Page 2 r • UECIAL USE PERMIT S TANDA RD Car washes are special uses as are gasoline service stations in the C -2 zoning district. As such, they must comply with the standards for special use permits contained in Section 35 -220 of the City's Zoning Ordinance (attached). This is an existing facility and, for the most part, it is believed that the addition is compatible with the standards for special use permits contained in the ordinance. It should be noted that a car wash existed on this site many years ago, prior to the time of this station becoming omi g a convenience store and self - service as station. It does not appear g PP that the reestablishment of the car wash would be inconsistent with the standards for special use permits. The standards for special use permits require that the proposed special use (or amendment thereto) should promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood or substantially diminish or impair property values; not impede the normal and orderly development of surrounding properties; be designed so as to minimize traffic on the public streets; and conform with the applicable regulations of the district in which is it located. The applicant believes the improvements proposed will not be detrimental to the neighborhood and should not impair property values within the area. The egress, ingress will not be altered and their improvements shall conform to the regulations of the district in which the property is located. Generally we would concur that the standards for special use permits can be met. However, providing a screened dumpster enclosure area, repair to the screen fence and • compliance with the sign ordinance are all key matters that need to be addressed with respect to this plan. A public hearing has been scheduled for this special use permit and notices of the Planning Commission's consideration have been sent to surrounding property owners. RFC OMMF.NDATTO The plans generally are in order and approval is recommended subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Any grading, drainage or utility plans are subject to final review and approval by the City Engineer prior to the issuance of permits. 3. All outside trash disposal facilities and rooftop and on ground mechanical equipment shall be appropriately screened from view. ® 3 -28 -02 Page 3 • 4. A performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all required site improvements. 5. The plans shall be modified prior to the issuance of building permits to include: a. The addition of shrubs in the Humboldt and 69th Avenue green strip in accordance with the landscape point system. b. The location and materials for a dumpster enclosure. c. A parking protector /delineator between the car wash exit drive and the parking area on the west side of the site. 6. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. This site and the property at 6501 Humboldt Avenue North operated by the same applicant shall be in compliance with the City's Sign Ordinance prior to the issuance of building permits for this project. 7. The area between the front of the building and the canopy area shall not be used for parking purposes and shall be posted as "no parking, fire lane ". 8. The amended special use permit is granted for the car wash expansion as contained in . the plans submitted. Any other expansion of alteration of this use shall require additional amendments to the special use permit granted. 9. The special use permit is subject to all applicable codes, ordinances and regulations. Any violations thereof shall be grounds for revocation. • 3 -28 -02 Page 4 'VE. 114 t�l`Ilhf R Hsu V I I r WOO 8I 1 4 1 1 I� 4 WOODBINE AVE. N I , - 7 ^ ^ <ND AVE N. r 72ND AVE I l I I ff T r r /� 7t :DAVE. V 72ND AVE. tv O R4 I I AVE I I AIvrY 11 zl p� Z I =- Q Z EVERGREE Ld ( `71ST AVE N I , � 2ND WE. �1 N kP DA I I _ Z ^a.RF j ` Z Z try > PARK Og — -.— --3 � O — -T d > j O EVERGREEN V j — ` o a— N -- �i o u_ o SCHOOL Z _ u - Y _ R3 �` - - J 70TH %E 70TH A PLANNING MM j I C O- " "`���lol 70TH AVE N I III APP NO. 2002 -004 a IRyI EMERSON L/ g -- p U :V� -ER rta ? 11 9TH. AVE. N. AVE. N. R5 `� 6 TH _ A l - R ®W GdTFI. E. N. L HUR180LD" z 0 PLACE ` ' d Z Z Z Lu 8 E� 677H. AVE N. / O — - Q _ ¢ ' _ z `/ 1 _ � — _ Q -- d POLICE STATION O \7 6,77H. AVE. N. �� \ U ;7TH. AVE N. �I w I, _U w aticvxLr.:cc_�,:_n _— 66TH _ 2 > R3 � z z a rtsy scr,cor —__ V ® a L R5 R �: RkNOUSE — w � AR{ W — i' � P ' � FREEVa AY BLVD `- 65TH, AVE N. z T _ -� w z -z -Z PUDIC2 ,° > a > w 0 a— l Z ?� rz --_ O o i � 7 p— m Q w z 0 -- R5 ' 1 z i 64TH N w O RECEIVED MAR 14, CITY OF BRaoK'bN CEP1Tk: 6 911-1 5112 1' & H UMC�OL- P AVM N L.Jr::: t3�00KLYN G�N1�12, MINN�50TA N` fig � 9 u1► M 50l' m(py0ftw All n= Mil A3 P12VW DLLVW [iEVi1tM hA FlmPM ALPM MtY/GM I A-0 KtM%GIM 50 V#Vyjn • • ®�LIAI� /��'�/LN nr Oqf • 6040 LAW MW AVMZ WM a.o ..w .,n.�sa.RO....nr� • • o- � - NOLIVAO - 1 J -IJ21 1 llllll�ll imam V ic z � o r NOUWA2 12 Jt*4C I J ttttttl tttt.tittti� 2 g� s s� M IL r q q MAR 1!LLVA•nON .c O� V D.Owm o i 064-tr CLAVAt10N . 1 Immoss a M w�.rw■a Sri .. •.n �r 4aar 9rms " r� --- -- ircomplANAM "MW r -wnrm i iwi O T r II I 1111= um �- w�sa�m i AAEC.I- ~CALL ROOM WALL 5ccnON � GNZW, WALL 5LC lON 1 w�vr -c w.vr -r -s • o A-� mom.. ► .lain r/ L NOW CZ- ag O Z ° °o �l O ril, wm - AVr=NUr= NORTH C" CONOCO g 12 PMf4MWNa GOMPAW wo City of Brooklyn Center Landscape Point System •1. Landscape Plantings will be provided on the site based on the point system indicated below: Planting Type Minimum Size Points/Planting Max. % of Points Shade trees (Deciduous, Maple, Linden, Ash, Oak, 2 '' /z" diameter 10 50 Locust, etc) Coniferous Trees (Pine, Spruce, Cedar) 5' height 6 40 Decorative Trees (Russian Olives, Radiant Crab, 1" diameter 1.5 35 Canada Red Cherry, etc) Shrubs (Dogwood, Spirea, Mockorange, Juniper, X 12" diameter .5 25 Arborvitae, etc) Points Required Per Acre The following schedule will be used to determine the required number of points for a given site. The schedule is cumulative so that the first two acres of any site will require points on the basis of the column headed "0 -2 "; the next eight acres will be computed on the basis of the column headed "2 -10 " ; and, area over ten acres will be computed on the basis of the column headed "10 + " . Land Area of Site in Acres Type of Development 0 -2 2 -10 10+ Office 100 80 60 • I Restaurant/ Retail/Service /Entertainment/Hotels 80 60 40 Light Industrial 75 60 50 Heavy Industrial 60 50 40 Office/Industrial (Over 25% office) 90 70 50 Multi- Family Residential 90 75 60 Yk ....._..>`.._......,_ ....:....:......::... .:......,. _ ;._- ........,......._ .. _::_..:......,.... v - _ ;�::: P _ : Six cre office site ,.. .acres , r+ifteen. :acre retailLre taurant:.: =.... 2,: cre cr:. s.. — s.. a .. s,0: Ius. acres. G0. lus .:e. r ................, ...... , � r. .._.._ ............_,r.:,>.. .. !.:..f .. ......._, cu:. u.__..,.... c,. v,.. nc_ v„_ ua._._,.. i.., n...,• uv..... 4.. x. r.. i.... .._..G_._..M1Wv:1�I,:r..,r..nve: .. ,4 _.,._._. v..,.._— ,_,....3.!_:_c_.�_.. .v...,_1...___.. __....__,m,. r.... i.+. 2. The above point system in no way substitutes for the screening and buffer requirements set forth in the Zoning Ordinance. Plantings used for screening purposes will be accorded points, but fulfilling the point requirements will not obviate the requirements for screening. 3. Mature existing trees will be accorded points on the basis of the above point schedule. A bonus equal up to the full value of a given planting may be granted by the Commission for the preservation of large existing plantings. 4. All green areas on a site will be sodded except in areas where viable turf exists and is totally undisturbed by construction. The burden will be on the developer to prove at the time of a site inspection that such viable turf, in fact, exists and has been properly maintained. • 5. All greenstrips adjacent to an interior property line will be a minimum of 5 ft. in width except in cases where special buffer provisions apply. Landscape Point System 3 -01 City of Brooklyn Center Special Use Permits - Section 35 -220 • 2. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence • and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. _ In any instance where an existing and established special use is abandoned for a period of one eyar, the special use permit related thereto shall expire one year following the date of abandonment. • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WEST FIRE STATION STUDY SESSION MARCH 28, 2002 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners, Stephen Erdmann, Rex Newman, and Dianne Reem were present. Also present were Secretary to the Planning Comm] ssion/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Graydon Boeck, Sean Rahn and John Whitehead were absent and excused. APPROVAL OF MINUTES — FEBRUARY 14, 2002 There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to approve the minutes of the February 14, 2002 meeting as submitted. The motion passed. Commissioner Reem abstained as she was absent from the meeting. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2002 -004 — JOE KIESLING. L & D MAINTENANCE CO. ON BEHALF OF HARK'S CONOCO Chair Willson introduced Application No. 2002 -004, a request from Joe Kiesling of L & D Maintenance Co. on behalf of Hark's Conoco for a special use permit and site and building plan approval to construct a car wash and storage /equipment room addition to the existing gas station/convenience store at 1505 69th Avenue North Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (Refer to Planning Commission Infonnation Sheet dated 3 -28 -02 for Application No. 2002 -004 attached.) He advised the property in question is zoned C -2 (Commerce). Gas stations /convenience stores and car washes are special uses in the C -2 zoning district. The applicant is proposing to add a 16 ft. by 50 ft. (800 sq. ft.) car wash to the back of the building, which will be attached to the existing building by a new 320 sq. ft. mechanical /equipment room. Mr. Warren discussed the applicant's response to the special use permit standards. It is generally felt that the standards for special use permits can be met. Mr. Warren added that the applicant 3 -28 -02 Page 1 • must also provide dumpster screening on the site, repair the screen fence and comply with the sign ordinance. Chair Willson asked about access to drive lanes and how site circulation would be achieved with the addition of the car wash as it relates to the filling of the underground tanks. Mr. Pete Martin of L & D Maintenance explained that the fill dispenser are flush with the ground and when trucks are filling the underground fuel tanks, cars would not be driving in that area. He added that the tanks are generally filled in the early morning or late evening when the car wash will probably not be open. Commissioner Reem asked about striping the parking spaces so they would be clearly marked for customers near the exit from the car wash. Mr. Warren responded that there will be curb and gutter installed as a parking protector that will mark and offset any additional stalls at the exit from the car wash. PUBLIC HEARING — APPLICATION NO. 2002 -004 There was a motion by Commissioner Newman, seconded by Commissioner Erdmaml, to open the public hearing on Application No. 2002 -004 at 8:05 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Pete Martin of L & D Maintenance asked for questions from the Commissioners. • Commissioner Reem asked about the location of the propane tank and if it will be moved. The applicant responded that it is not included in the scope of his work. Mr. Warren confirmed that the propane tank will remain where it is. Chair Willson asked the applicant if he was aware of the compliance issues with signs, parking and the dumpster screening and location as well as landscaping and underground irrigation. The applicant indicated that he will discuss these issues further with the owner and the City can expect compliance. He added that he looked at the site for review but it was snow covered. He will review it again with the owner and anticipates adding additional low lying shrubs in the green strip area as recommended. Commissioner Erdmann inquired about further information on the location of the tanker trucks when filling the underground tanks. Mr. Martinson explained the process for filling the tanks and how it will affect drive lanes, parking etc. Mr. Warren added that the addition of a car wash does not necessitate the altering of the location of the existing underground tanks. Mr. Vince Castelluzzo, 5133 Colfax Avenue North, Mimieapolis, addressed the Commission regarding the height of shrubbery along the street. Mr. Warren explained the City's requirements for clear view visibility at intersections and along the green strip area so as not to impede the vision of pedestrians or traffic. Mr. Castelluzzo asked about the hours of operation for the car wash. Mr. Warren responded that the city does not regulate car wash hours. • 3 -28 -02 Page 2 • Keisha Dehn (student at Brooklyn Center High School), 5816 Dupont Avenue North, asked for further clarification on shrubbery and screening of dumpsters. Chair Willson explained the requirements for placement of low lying shrubbery and dumpster screening to the students. Tom Henry, 1612 69th Avenue North, described how customers park on the site blocking the front of the building and the "no parking" signs. He doesn't feel the parking is enforced and has seen customers remove the "no parking" signs and park in front of the building. He asked how the stacking of cars for the car wash will affect the parking on the site. Chair Willson pointed out how cars will stack up while waiting to use the car wash. Mr. Henry asked that the owners be held accountable to strictly enforce the no parking area in front of the building to create a safer layout around the site. Chair Willson said that the owners will be reminded to have curbs painted yellow and "no parking" signs posted in no parking areas on the site. Vince Castelluzzo, 5133 Colfax Avenue North, asked about activities and parking around the propane tanks when they are being filled. Chair Willson responded that safety rules regarding shutting off cars parked near the propane tanks should be followed. Also, parking is limited in the area surrounding the propane tanks. No other persons from the public appeared before the Commission during the public hearing on Application No. 2002 -004. CLOSE PUBLIC HEARING • There was a motion by Commissioner Reem seconded by Commissioner Newman, to close the public hearing on Application No. 2002 -004, at 8:35 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2002 -004 — JOE KIESLING, L & D MAINTENANCE CO. ON BEHALF OF HARK'S CONOCO There was a motion by Commissioner Erdmann, seconded by Commissioner Newman, to recommend to the City Council that it approve Application No. 2002 -004, submitted by Joe Kiesling, L & D Maintenance Co. on behalf of Hark's Conoco for a special use permit and site and building plan approval to construct a car wash and storage /equipment room addition to the existing gas station/convenience store at 1505 69th Avenue North subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Any grading, drainage or utility plans are subject to final review and approval by the City Engineer prior to the issuance of permits. 3. All outside trash disposal facilities and rooftop and on ground mechanical equipment shall be appropriately screened from view. 3 -28 -02 Page 3 4. A performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all required site improvements. 5. The plans shall be modified prior to the issuance of building permits to include: a. The addition of shrubs in the Humboldt and 69th Avenue green strip in accordance with the landscape point system. b. The location and materials for a dumpster enclosure. c. A parking protector /delineator between the car wash exit drive and the parking area on the west side of the site. 6. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. This site and the property at 6501 Humboldt Avenue North operated by the same applicant shall be in compliance with the City's Sign Ordinance prior to the issuance of building permits for this project. 7. The area between the front of the building and the canopy area shall not be used for parking purposes and shall be posted as "no parking, fire lane ". 8. The amended special use permit is granted for the car wash expansion as contained in the plans submitted. Any other expansion of alteration of this use shall require additional amendments to the special use pennit granted. 9. The special use permit is subject to all applicable codes, ordinances and regulations. Any violations thereof shall be grounds for revocation. Voting in favor: Chair Willson, Commissioners, Erdmann, Newman, Reem and. The motion passed unanimously. The City Council will consider the application at its April 8, 2002 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS Commissioner Reem inquired about the status of the Jerry's New Market site. Mr. Warren informed the Commission that the City of Brooklyn Center EDA is acquiring the property for future development. He also gave an update on the 69th and Brooklyn Boulevard corner. There is a new developer who is preparing a development agreement (similar to the previous one proposed), which will include a fast food restaurant and a strip mall. The plan may have to be reviewed by the Planning Commission. Commissioner Reem also asked to have code enforcement check into the lack of screening and proper placement of commercial dumpsters around the city. Mr. Warren replied that he will ask • the police department to check out the dumpsters. 3 -28 -02 Page 4 • An unidentified citizen inquired about the proposed car wash addition at 69th and Humboldt Avenue North. Chairperson Willson explained that the public hearing had been held and the Commission recommended approval of the application subject to some modifications. ADJOURNMENT There was a motion by Conunissioner Newman, seconded by Commissioner Erdmami, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:47 p.m. Chair Recorded and transcribed by: Rebecca Crass • 3 -28 -02 Page 5 City Council Agenda Item No. lla PROCLAMATION • DECLARING APRIL 7 THROUGH 13, 2002, TO BE COMMUNITY DEVELOPMENT WEEK WHEREAS, community development services provided in our community by the Community Development Department are an integral part of our citizens' everyday lives; and WHEREAS, the Community Development Department defines future City directions through such functions and services as land use and comprehensive planning, development plan review, redevelopment, economic development, zoning and subdivision compliance, preservation of existing housing supply, and protective inspections; and WHEREAS, among the City's most fundamental ordinances are those which provide standards for the safe construction of buildings in which people live, work., and play; and WHEREAS, through the efforts of code officials and their cooperative relationship with the construction industr the administration of these health and life- safet standards is assured; and WHEREAS, the technical knowledge, shills, and abilities of the community development staff promotes the health, safety, and comfort of this community which greatly depends • on these protective inspections and services; and WHEREAS, it is highly appropriate that the services provided by the community development staff be recognized and appreciated. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim the week of April 7 through 13, 2002, to be Community Development Week in the City of Brooklyn Center and encourage all citizens to recognize the contributions that community development staff make every day to our health, safety, comfort, and quality of life and to create awareness as to the importance of construction and building codes and to spotlight the role of the dedicated code official in administering those codes. Date Mayor • ATTEST: City Clerk • City Council Agenda Item No. 11b PROCLAMATION DECLARING APRIL 13, 2002, TO BE A DAY OF SPIRITUAL REDEDICATION • AND PRAYER IN BROOKLYN CENTER WHEREAS, in 1952, an event was inaugurated by Christian Leadership groups in the United States Senate and the House of Representatives; and WHEREAS, the annual National Prayer Breakfast has become a national time for the rededication of the individual and the nation to God; and WHEREAS, many states and local communities have sponsored similar events at the state and local level; and WHEREAS, a volunteer committee of concerned citizens has joined together as the Brooklyn Center Prayer Breakfast Committee, Inc., to sponsor an annual Brooklyn Center Community Prayer Breakfast for a similar rededication of local community leaders, business representatives, our City, and its citizens to high Judeo- Christian ideals; and WHEREAS, the committee is planning the 24th Annual Brooklyn Center Community Prayer Breakfast, the oldest contiguous prayer breakfast in the State of Minnesota, on the 13th day of April, 2002, at the Earle Brown Heritage Center, entitled, "Inviting God into Brooklyn Center'; and WHEREAS, the committee acknowledges our dependence upon God in our personal lives and in the life of our City; and WHEREAS, the breakfast will emphasize prayer in our individual lives and in the life of our S community; and WHEREAS, the speaker, Tom Marsland, a recognized radio personality and recording artist, and 1977 Miss America, Dorothy Benham, will direct our attention toward prayer in and for our community. NOW, THEREFORE, 1, 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 Saturday, April 13, 2002, be designated as a Day of Spiritual Rededication and Prayer in Brooklyn Center; that it calls upon all citizens to reflect upon our heritage and join in quiet reverence and dedication; and that it calls upon the citizens of Brooklyn Center, youth and adults, to join with hundreds of their friends, neighbors, and fellow citizens at the 24th Annual Brooklyn Center Community Prayer Breakfast on Saturday, April 13, 2002, at our historic Earle Brown Heritage Center. I further encourage our churches to particularly pray for our community in their worship services during the week of April 28, 2002, which also includes The National Day of Prayer on Thursday, May 2, 2002. Date Mayor Attest: City Clerk • • City Council Agenda Item No. 11c • PROCLAMATION DECLARING APRIL 14 THROUGH 20, 2002, NATIONAL PUBLIC SAFETY • TELECOMMUNICATIONS WEEK WHEREAS, emergencies can occur at anytime that require police, fire, or emergency medical service; and WHEREAS, when an emergency occurs the prompt response of police officers, firefighters, and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Brooklyn Center public safety communications center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are a vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and insuring their safety; and WHEREAS, Public Safety Dispatchers of the Brooklyn Center Police Department have contributed substantially to the apprehension of criminals, suppression of fires, and treatment of • patients; and WHEREAS, dispatchers have exhibited compassion, understanding, and professionalism during the performance of their job in the past year. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim the week of April 14 through 20, 2002, to be National Telecommunications Week in Brooklyn Center, in honor of the Public Safety Dispatchers whose diligence and professionalism keep our City and citizens safe. Date Mayor Attest: City Clerk • B pOKtYN CEkr� B ROOKLYN CENTER POLICE DEPARTMENT ' • POLICE MEMORANDUM TO: City Clerk Sharon Knutson FROM: Chief Scott Bechthold . -3 DATE: March 28, 2002 SUBJECT: Proclamation National Public Safety Telecommunications Week April 14 -20, 2002 The week of April 14 -20, 2002, is National Public Safety Telecommunications Week. Attached please find a proclamation declaring the above. I would appreciate it if you would see that this goes on the first council agenda for April. • Thanks. SB:kh City Council Agenda Item No. lld Office of the City Clerk OX City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: March 28, 2002 SUBJECT: An Ordinance Amending Chapter 7 of the Brooklyn Center City Charter During the 2001 Legislative Session, Chapter 5, Article 7, Section 21 was passed regarding renaming the Board of Equalization to the Board of Appeal and Equalization. Section 7.04 of the Brooklyn Center City Charter defines and establishes the Board of Equalization. Information regarding the new law was forwarded to the Charter Commission for review. At its January 23, 2002, meeting, the Charter Commission unanimously voted to recommend amending Section 7.04 by changing the name of the Board of Equalization to Board of Appeal and Equalization. An ordinance amendment has been drafted to amend the Charter to rename the Board of Equalization to Board of Appeal and Equalization. Attachments • Ordinance Amendment • • Minnesota Session Laws, 1 st Special Session, Chapter 5, Article 7, Section 21 • January 23, 2002, Brooklyn Center Charter Commission Meeting Minutes 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 Notice is hereby given that a public hearing will be held on the 13th day of May, 2002, at 7 p.m. or as soon thereafter as the matter may be heard at the West Fire Station Training Room, 6250 Brooklyn Boulevard, to consider an amendment to Chapter 7 of the Brooklyn Center City Charter. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7 OF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 7.04 of the Brooklyn Center City Charter is hereby amended as follows: Section 7.04. BOARD OF APPEAL AND EQUALIZATION. The Council shall constitute a Board of Appeal and Equalization to equalize assessments of property for taxation • purposes according to law. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2002. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) • • Sec. 21. Minnesota Statutes 2000, section 274.01, subdivision 1, is amended to read: Subdivision 1. [ORDINARY BOARD; MEETINGS, DEADLINES, GRIEVANCES.] (a) The town board of a town, or the council or other governing body of a city, is the board of iceviei appeal and equalization except (1) in cities whose charters provide for a board of equalization or (2) in any city or town that has transferred its local board of review power and duties to the county board as provided in subdivision 3. The county assessor shall fix a day and time when the board or the board of equalization shall meet in the assessment districts of the county. Notwithstandinq anv law or city charter to the contrary, a city board of equalization shall be referred to as a board of appeal and equalization. On or before February 15 of each year the assessor shall give written notice of the time to the city or town clerk. Notwithstanding the provisions of any charter to the contrary, the meetings must be held between April 1 and May 31 each year. The clerk shall give published and posted notice of the meeting at least ten days before the date of the meeting. If in _=y cc;.,:nty, at least nt-cf the totz.1 n -at tal- �� tvnn is i, caacnal resi- cntial i - ti _rzal pr ;pert.y e4 as - s= +, , :ind .r :�ii �.'�vn 273 ^ . 1 s' ib �E'y ui Jn �. .h_ F,dD hel el el +. ���w t y ✓B Sc fe at l C ,-t +' 1 1 "11 t i n g�� - - v-'1 a c� t u r �..�t"'., y am. T rl = � f' L 3� ... 36d FreF,e-e�crc�al nD3 -ral to , 64:s c�u-cC their rt valuUti ; +h +h_ _.p�rria�csessmc t • -et-a- f . T �ic✓c Su i r rm ti a an - f - ,,c c t 'u n m U ` be h rr c a=a re El tc all_- a --t-hc �.:. i of c n s„ieeR,-Re _ 1 al- &caac -na1 rc c� tia1 roc _at 1 prep -e -theme p rrtur,-' -t-Y - t attc:1-d an of the _OCt.�n-ys pro a,= to the sehieeia= bt,ur' cf r —cv4 -& for thc- r c ty e r n. Thc - aturuay macting uat v rnuot be an the ns cc cf aa1 atian of r a1 pry c£ty - r er uc-c i-:,r 273. 1-2 The board shall meet at the office of the clerk to review the assessment and classification of property in the town or city. No changes in valuation or classification which are intended to correct errors in judgment by the county assessor may be made by the county assessor after the board of re�iew has adjourned in those cities or towns that hold a local board of review; however, corrections of errors that are merely clerical in nature or changes that extend homestead treatment to property are permitted after adjournment until the tax extension date for that assessment year. The changes must be fully documented and maintained in the assessor's office and must be available for review by any person. A copy of the changes made during this period in those cities or towns that hold a local board of review must be sent to the county board no later than December 31 of the assessment year. (b) The board shall determine whether the taxable property in the town or city has been properly placed on the list and properly valued by the assessor. If real or personal property has been omitted, the board shall place it on the list with its market value, and correct the assessment so that each tract or lot of real property, and each article, parcel, or class of • personal property, is entered on the assessment list at its market value. No assessment of the property of any person may be raised unless the person has been duly notified of the intent • of the board to do so. On application of any person feeling aggrieved, the board shall review the assessment or classification, or both, and correct it as appears just. The board may not make an individual market value adjustment or classification change that would benefit the property in cases where the owner or other person having control over the property will not permit the assessor to inspect the property and the interior of any buildings or structures. (c) A local board of i2eview may reduce assessments upon petition of the taxpayer but the total reductions must not reduce the aggregate assessment made by the county assessor by more than one percent. If the total reductions would lower the aggregate assessments made by the county assessor by more than one percent, none of the adjustments may be made. The assessor shall correct any clerical errors or double assessments discovered by the board f rcvi-e-w without regard to the one percent limitation. (d) A majority of the members may act at the meeting, and adjourn from day to day until they finish hearing the cases presented. The assessor shall attend, with the assessment books and papers, and take part in the proceedings, but must not vote. The county assessor, or an assistant delegated by the county assessor shall attend the meetings. The board shall list separately, on a form appended to the assessment book, all omitted property added to the list by the board and all items of property increased or decreased, with the market value of each item of property, added or charged by the board, placed opposite • the item. The county assessor shall enter all changes made by the board in the assessment book. (e) Except as provided in subdivision 3, if a person fails to appear in person, by counsel, or by written communication before the board after being duly notified of the board's intent to raise the assessment of the property, or if a person feeling aggrieved by an assessment or classification fails to apply for a review of the assessment or classification, the person may not appear before the county board of appeal and equalization for a review of the assessment or classification. This paragraph does not apply if an assessment was made after the local board meeting, as provided in section 273.01, or if the person can establish not having received notice of market value at least five days before the local board of r- -�-iew meeting. (f) The local board cf = ? — cw ar the ho-ur -e - e�t3al�z ion must complete its work and adjourn within 20 days from the time of convening stated in the notice of the clerk, unless a longer period is approved by the commissioner of revenue. No action taken after that date is valid. All complaints about an assessment or classification made after the meeting of the board must be heard and determined by the county board of equalization. A nonresident may, at any time, before the meeting of the board ef r-e;iw file written objections to an assessment or classification with the county assessor. The objections must be presented to the board ef r-e- ew at its meeting by the county assessor for its consideration. [EFFECTIVE DATE.] This section is effective January 1, • 2002, and thereafter. • MINUTES OF THE JANUARY 23, 2002 BROOKLYN CENTER CHARTER COMMISSION The meeting was called to Order by Chairman Harold Middleton at 7:05 p.m. Member Present: Harold Middleton, Roni Brunner, Carl Wolter, Bob Cambanes, James Holst, Walter Bursch, Sy Knapp, Todd Paulson and Eileen Oslund. Stan Leino arrived at 7:23 p.m. Members Absent and Excused: Elizabeth Hatle and Richard Theis. Wolter moved to approve the minutes of the June 27, 2001 meeting with the deletion of Diane Sannes' name from attendance and Brunner seconded. Motion passed. Wolter suggested that the order of the agenda be moved to address the Report of the Nominations Committee and the agenda was changed by consensus. The Report of the Nominations Committee was heard. Bursch moved to appoint Knapp as Chairman for 2002 and seconded by Paulson. Motion passed unanimously. Wolter moved to appoint Cambanes as Vice - Chairman for 2002 and seconded by • Brunner. Motion passed unanimously. Holst moved to appoint Leino as Secretary for 2002 and seconded by Brunner. Motion passed unanimously. Chair Knapp appointed Cambanes as Public Relations Chair. Chair Knapp appointed Holst as Audit Chair. Chair Knapp appointed Paulson as Rules and Parliamentarian Chair. Chair Knapp volunteered to serve as Adopt -a -Park Chair. Future meeting dates were set for March 27, June 26 and October 23, 2002, and January 22, 2003. Chair Knapp noted that Janice Thielsen and Nancy Carlson had received notices of expiration of their respective terms. Chair Knapp noted that neither Thielsen nor Carlson has attended meetings in the past year. • Chair Knapp will advise Chief Judge Kevin Burke that Carlson's and Thielsen s • respective seats are now declared vacant. Leino moved to change name Board of Equalization to Board of Appeal and Equalization in City Charter. Cambanes seconded. Motion passed unanimously. Chair Knapp noted that Chairs of Brooklyn Center Commissions will be meeting with the City Council at 6:30 p.m. on March 18, 2002 at the West Fire Station. Leino moved to send Rod Snyder as the representative of the Charter Commission for special recognition to the City's 91St birthday celebration and Paulson seconded. Motion passed. Paulson will notify the City of Rod Snyder's recognition. Discussion was had regarding the at- large - versus -ward systems for election of City Councilmembers. Wolter moved to form a sub - committee to study the issue and Cambanes seconded. Motion passed unanimously. Wolter agreed to serve as Chairman of the sub - committee to study the issue of at- large- versus -ward system for City Council elections. Oslund, Cambanes, Theis and Leino will serve on the sub- committee. The sub - committee's first meeting will be held at 7:00 p.m. on February 13, 2002 at Wolter's house. The sub - committee will have a report by the • March 27, 2002 meeting of the full Charter Commission. Discussion was had regarding local campaign finance reform. By consensus, the issue will be placed on the agenda for the March 27, 2002 meeting. Motion by Holst and seconded by Leino to adjourn. Motion passed unanimously. Respectfully submitted, Stan J. Leino Secretary • • City Council Agenda Item No. Ile • 0 Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ADOPTING REVISED PERSONNEL RULES AND REGULATIONS FOR PART -TIME EMPLOYEES AND ACCEPTING REVISED RULES AND REGULATIONS ADOPTED BY BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT WHEREAS, the City of Brooklyn Center has been well served by the Brooklyn Center Volunteer Fire Department though the services of members of the Volunteer Firefighters Association; and WHEREAS, the members of the volunteer fire department have been determined by the League of Minnesota Cities Insurance Trust to be acting as regular part-time employees of the City of Brooklyn Center in their capacity as firefighters; and WHEREAS, firefighters should be included with other part-time employees under the policies and procedures of the City of Brooklyn Center; and WHEREAS, the part-time manual adopted by the City Council dated March 2000 has now been revised to address the unique status of firefighters both as members of the Volunteer Firefighters Association and as regular part-time employees; and • WHEREAS, the members of the department adopted in February 2002, revised rules and regulations to govern the association and the practice of firefighting that are consistent with the policies and procedures related to part-tune employees of the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Personnel Rules and Regulations Part-Time Manual dated March 2000 be amended as presented in the document dated April 2002 attached, and that the City Council receive the revised rules and regulations dated February 2002 adopted by the members of the Brooklyn Center Volunteer Fire Department. 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 followin g g voted against the same: whereupon said resolution was declared duly passed and adopted. April 2, 2002 • MEMO TO: Michael J. McCauley, City Manager FROM: J e A. Chambers, Assistant City Manager SU JE Revised Personnel Rules and Regulations Part-Time Manual Adopted Brooklyn Center Volunteer Fire Department Rules and Regulations Chief Boman and I have held several meetings with the rules and regulations revision committee of the Brooklyn Center Volunteer Firefighter's Association. These meetings were to discuss revisions to the association rules and to the March 2000 adopted personnel policies pertaining to part -time employees. The League of Minnesota Cities has determined that volunteer firefighters are considered regular part-time employees under Minnesota State law with regard to personnel regulations and other procedures. Since the March 2000 adopted policies excluded volunteer firefighters, the policies had to be revised to reflect the true employment status of Brooklyn Center firefighters. Revisions to the Association rules and regulations were completed in conjunction with revisions to the personnel policies so that any inconsistencies or conflicts between the • two documents could be removed. The Association rules pertain primarily to the operation of the Association, and to the Association's oversight of firefighting procedures and practices. The personnel policies pertain to the relationship between the City of Brooklyn Center as an employer and the individual firefighter as a part-time employee. Members adopted the revised volunteer fire department rules and regulations in February 2002. A copy of those rules is attached. Revisions include the provision of the appointment of the Fire Chief by the City Manager, and a zero tolerance policy for use of alcohol, drugs or controlled substance. Other significant revisions to the rules include removal of certain grievance procedures and committee appointments, so that the Association rules are now consistent with other city practices and procedures. Attached is a complete copy of the revised part-time personnel rules and regulations that need to be approved by the City Council. Language to cover the unique aspects of the volunteer firefighters is in italics. These additions have been presented to the firefighters and were developed after discussion with Association members. I recommend that the City Council adopt the changes to the personnel rules and regulations for part -time employees, and receive the revised Association rules and regulations. • City of Brooklyn Center Personnel Rules and Regulations Part -Time Manual April 2002 SECTION }- PURPOSE ................................................................................ l I] -------.. . l --�'-- -------------------- 1.2 Adoption & Amcudmcot------------------- l 1.3 Savi C|uuao------------------------ l 1/4 Department Rules .................................................................... l 1.5 Application ' Positions ............................................................ l � 1.6 At-Will Employment .............................................................. l 1.7 Employment Gnidcline8-------------------. l 1.8 Labor Agreements ---------.-.-----------'2 1.9 Management Rights ---------------------.2 SECTION 2- DEFINITIONS -----------------.------' 3 SECTION 3- CONDUCT AND ETHICS -----------------' 5 Il Sexual Harassment ................................................................... 5 3.2 Dr &, Alcohol Free Workplace ............................................. 6 3 .3 Tobacco Use ............................................................................. l4 3/4 Gifts and Gratuities .................................................................. l4 3.5 Membership on Advisory Commissions -----------.}5 3.6 Information S c1TJxcPolicy----------..l5 SECTION 4- -------------.l8 4.1 Position Open � Audhorzu1no---------------]8 4 .2 Recruitment .............................................................................. 18 4.3 Notification of Appoi -----------------.]8 4'4 Probationary Period---------------------'l8 4.5 Dismissal Duri the Probationary Period .............................. I8 4.6 Reference Checks ..................................................................... }8 4.7 Employment 0f Relat ......................................................... l8 4.8 Disc ipline ' .--------------------------lg 4 .9 Gr ................................................................................ l9 4.10 Declarat ofAffirmative Action Policy ................................ l9 SBCIl(lN 5- EMPLOYEE COMPENSATION --------.------2l 5.1 Compensation Plan .................................................................. 2l 5.2 lleola8sifioatnn........................................................................ 2l 5'3 - Fair Labor Standards Act ----.2l 5.4 Compensatory Time - ..................... 5.5 General Rules - Time ................................... 2l 5.0 Temporary Pill buuthigher Classification ---.------22 SECTION 6- LEAVE BENEFITS ................................................................. 23 0] Workers' -------------------23 6 .2 Funeral Leave ........................................................................... 23 6.3 Military Leave for Training Purposes -----------.-.23 6.4 Bone Marrow Donation Leave ................................................. 23 6.5 School Conference and Activities Leave ..... .............................23 • 6.6 Leave of Absence ......................................... .............................24 6.7 Family Medical Leave Act - FMLA ............ .............................24 6.8 Limitation of Grants of Leave without Compensation .............26 6.9 Leave Extension Request ............................. .............................26 6.10 Reinstatement From Leave of Absence ....... .............................26 6.11 Inclement Weather Leave ............................ .............................26 SECTION 7- SEPARATION FROM EMPLOYMENT .. .............................27 7.1 Resignations .................................................. .............................27 7.2 Dismissal ....................................................... .............................27 7.3 Lay- Offs ........................................................ .............................27 SECTION 8- RECORDS AND REPORTS ...................... .............................28 8.1 Personnel File ............................................... .............................28 8.2 Job Descriptions ........................................... .............................28 8.3 Performance Reports .................................... .............................28 8.4 Employee Identification Card Policy ........... .............................28 SECTION 9- EXPENSE REIMBURSEMENT POLICY .............................29 9.1 Clothing /Foot Protection ............................. .............................29 • • • SECTION 1 - PURPOSE City of Brooklyn Center Part-time Policy Manual 1.1 Purpose The purpose is to provide a uniform, comprehensive and efficient system of personnel administration and policies for the City of Brooklyn Center. 1.2 Adoption & Amendment These rules were prepared and recommended by the City Manager in accordance with the personnel ordinance. The City of Brooklyn Center reserves the right to unilaterally modify the personnel rules, policy and ordinance. 1.3 Savings Clause If a personnel regulation is held invalid by judicial or legislative action, the remainder of these rules will not be affected. 1.4 Department Rules In accordance with these Rules, each Department Head may establish written departmental rules of procedure that do not conflict with these regulations to cover unique circumstances. Departmental rules must be approved in writing by the City Manager prior to implementation. • 1.5 Application - Positions All employees (regular full and part- time), offices and positions in the municipal employ, now existing or hereafter created, will be subject to the provisions of these regulations except the following: a. Elected officials b. Members of boards and commissions C. City Manager d. City Attorney e. Persons engaged under contract to supply expert, professional, technical, or any other services f. Other positions so designated 1.6 At -Will Employment All City employees are hired on an at -will basis. 1.7 Employment Guidelines These rules and regulations are guidelines for the City and its employees regarding City employment. They do not constitute an employment contract. The City reserves the right to change any personnel policy at any time at its discretion. • l April 2002 City of Brooklyn Center Part -time Policy Manual • 1.8 Labor Agreements With respect to employees whose positions are included in a collective bargaining unit, provisions of the applicable collective bargaining agreements negotiated pursuant to the Public Employment Labor Relations Act, supersede these rules and regulations on any subject area covered by both the collective bargaining agreement and these rules and regulations. The City Manager is signatory to any collective bargaining agreement. 1.9 Management Rights The City, through the City Manager, retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by current collective bargaining agreements, these regulations, and City Council resolutions. • • 2 April 2002 City of Brooklyn Center Part-time Policy Manual ® SECTION 2 - DEFINITIONS Unless otherwise indicated, the following words and terms have meanings indicated below: Appointment - a regular assignment to a paid position in the City service. Days - Calendar day; including Saturday, Sunday, and holidays unless otherwise specified. Demotion - a change of an employee's status from a position in one job class to a position in another job class with less responsible duties and could result in a lower salary range. FLSA - Fair Labor Standards Act which is a federal law regarding minimum wage and overtime compensation, classifying positions as exempt or non - exempt. a. Tax Exempt Employee - employee specifically exempt from the overtime compensation provisions of applicable FLSA (Fair Labor Standards Act) legislation as defined and limited by administrative rules and regulations; these employees generally have as their primary duty management, administration, or work of a professional nature. b. Non - exempt - employees who are entitled to a minimum wage and overtime • compensation pursuant to applicable fair labor standards legislation (FLSA). Position - a group of current duties and responsibilities requiring the full -time or part - time employment of one person. Regular Full -Time- an employee in a classified position who works a 40 -hour workweek and was hired for a service duration in excess of 12 months and has successfully completed the probationary period. Regular Part -Time- An employee in a classified position who works less than the 40- hour workweek and was hired for a service duration in excess of 6 months and has successfully completed the probationary period. Volunteer Firefighters shall be considered regular part-time employees. Temporary Full -Time - an employee who works a 40 -hour workweek whose employment is limited by duration of a specific project or task; temporary employees serve at the will of the City Manager. Temporary Part Time- an employee who works less than a 40 -hour workweek whose employment is limited by duration of specific project or task, temporary employees serve at the will of the City Manager. Probationary Employee - an employee, who is serving a probationary period in a • position to or from which the employee was appointed, promoted, transferred, demoted, reclassified or reinstated. Volunteer Firefighters serve a probationary period and must past that probationary period in accordance with Fire Department Rules and Regulations in order to proceed to regular part -time employee status. 3 April 2002 City of Brooklyn Center Part-time Policy Manual Probationary Period - a six to twelve month working trial period, except that Volunteer Firefighters serve the probationary period as prescribed in the Fire Department Rules and Regulations. Promotion - a change of an employee from a position of one job class to a position of another job class with more responsible duties and a higher salary range. Reclassification - a change in classification of an individual position by raising it to a higher job class, reducing it to a lower job class, or moving it to another class at the same level on the basis of significant changes in kind, difficulty or responsibility of the work performed in such a position. Veteran - a person defined as a veteran by Minnesota Statutes, Section 197.447. Veterans Preference- the preference granted to veterans by Minnesota Statues, sections 43A.11 and 197.481. • 4 April 2002 City of Brooklyn Center Part-time Policy Manual • SECTION 3 - CONDUCT AND ETHICS i 3.1 Sexual Harassment This sexual harassment policy applies to all officials and employees of the City including regular full -time and regular part -time employees, elected and appointed officials, temporary, seasonal and non - regular employees, employees covered or exempted from personnel rules or regulations, and independent contractors and consultants. Sexual harassment is a form of sex discrimination prohibited by state and federal law. Employees have the right to a workplace free of sexual harassment. The City ill not tolerate sexual harassment of its employees b an one- supervisors, Y Y Y other employees, officials or citizens. Persons harassing others will be promptly and firmly disciplined. All personnel must become familiar and comply with this policy. 1. Definition of Sexual Harassment Sexual harassment includes, but is not limited to, unwelcome sexual advances, request for sexual favors, sexually motivated physical contact, or communication of a sexual nature when: a. Submission to such conduct is made either explicitly or implicitly a term or condition of employment or public service; ® b. Submission to or rejection of such conduct by an employee is used as the basis for an employment decision such as promotion, assignment, demotion, discipline, or discharge. c. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. 2. Examples of Sexual Harassment Behavior that could be considered sexual harassment may include: a. Verbal harassment (e.g., sexually- oriented comments, innuendoes, or derogatory remarks); b. Physical harassment (e.g., unwelcome touching, gestures, assault, impeding one's movement or other physical contact that an employee finds offensive); C. Visual forms of harassment (e.g., derogatory posters, letters, poems, graffiti, cartoons or drawings); or d. Requests for sexual favors or unwelcome sexual advances. 3. Reporting Procedure Employees who believe they have experienced sexual harassment or who know of conduct they believe might constitute sexual harassment toward an employee, are required to report it to their supervisor or department head, the Assistant City • Manager or the City Manager. The Supervisor or Department Head who receives the report should inform the Assistant City Manager or the City Manager in confidence as soon as possible. If any employee directly receives an oral or 5 April 2002 i City of Brooklyn Center Part-time Policy Manual • written complaint from an alleged victim of sexual harassment, he or she must immediately forward the complaint to the Assistant City Manager or the City Manager or direct the alleged victim to report the incident. Failure to forward a report of alleged sexual harassment to the appropriate person could result in disciplinary action against the person who neglected to make the report. 4. Investigations and Recommendation Upon receiving any report alleging sexual harassment, the Assistant City Manager or City Manager will conduct an investigation. To the extent possible, the allegations and investigation will be kept confidential. An alleged victim may have a staff person of the same gender present during all contacts with the Assistant City Manager. The alleged victim and any witnesses may be asked to put their reports in writing. If the facts are found to support the allegations, the harasser will be subject to disciplinary action up to and possibly including immediate termination depending on the circumstances and severity of the harassment. The Assistant City Manager may report on the investigation and its results to the City Manager. The City will keep a complete record of the nature of the complaint, its investigation and its resolution. Pending completion of the investigation, the designated personnel representative • may take any appropriate action necessary to protect the alleged victim, other employees, or citizens. Anyone who makes a false complaint of sexual harassment or anyone who gives false information during a sexual harassment investigation could also be subject to disciplinary action up to and including immediate termination. The City may also discipline any individual who retaliates against a person who testifies, assists or participates in any manner in a sexual harassment investigation. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. 3.2 Drug and Alcohol Free Work Place Employees are required to report to work on time and in appropriate mental and physical condition for work. No employee shall be under the influence of any drug or alcohol while the employee is working or while the employee is on the employers premises or operating the employer's vehicle, machinery or equipment, except to the extent authorized by a valid medical prescription. Violations of this policy will result in disciplinary action, up to and including termination, and may have legal consequences. 1. Drug and Alcohol Testing a. Purpose • This policy is to provide for the testing of employees and job applicants in conformance with the requirements of MN Statute 181.950 - 181.957. b. Scope This drug and alcohol testing policy applies to all employees of the City 6 April 2002 City of Brooklyn Center Part-time Policy Manual • and to all job applicants who have received a contingent offer of employment by the City. Volunteer Firefighters and Probationaly Firefighters are subject to Fire Department Rules and Regulations in addition to this drug and alcohol testing policy. C. Definition For the purposes of the Policy, the following definitions will apply: 1. Alcohol - Ethyl alcohol. 2. Confirmatory Test and Confirmatory Retest - A drug or alcohol test that uses a method of analysis allowed under one of the programs listed in Minnesota Statute Section 181.953, Subd. 1. 3. Conviction - A finding of guilty (including a plea of " nolo contenders") or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of state or federal criminal drug statutes. 4. Drug - A controlled substance as defined in Minnesota Statute Section 152.01. Subd. 4. and /or if required by law, the federal Drug -Free Workplace Act of 1988. 5. Drug and Alcohol Testing, Drug or Alcohol Testing, and Drug or Alcohol Test - Analysis of a body component sample according to the standards established under one of the programs listed in Minnesota Statute Section 181.953, Subd.l for the purpose of • measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested. 6. r D ug paraphernalia - An item or items described in Minnesota Statute Section 152.01, Subd. 18. 7. Employee - A person defined as an employee of the City under the State of Minnesota Public Employment Labor Relations Act in Section 179A.03, Subd. 14. 8. Employer - The City of Brooklyn Center acting through its designees of the City Council. 9. Initial Screening Test - A drug or alcohol test that uses a method of analysis under one of the programs listed in Minnesota Statute Section 181.953, Subd. 1. and which is capable of detecting the presumptive presence of a drug, drug metabolite, or alcohol in a sample. 10. Job Applicant - A person who applies to become an employee of the City, and includes a person who has received a job offer made contingent on the person passing a drug test. 11. Premises - All property and locations in which the City is operating or has established a presence. 12. Positive Test Result - A finding of the presence of drugs, alcohol, or their metabolites in the sample tested in levels at or above the threshold detection levels contained in the standards of one of the • programs listed in Minnesota Statute Section 181.953, Subd. 1. An alcohol test will be considered positive if the testee has an alcohol concentration level of at least .02 or a lesser level if an odor of an alcoholic beverage or signs of physical impairment in 7 April 2002 City of Brooklyn Center Part-time Policy Manual • violation of the City's Personnel Policy accompany it. A residue amount of alcohol will be considered a positive test result only if accompanied by a violation of the City's personnel policies. 13. Reasonable Suspicion - A basis for forming a belief based on specific facts and rational inferences drawn from those facts. 14. Safety - sensitive position - A job, including any supervisory or management position, probationary firefighter or firefighter, in which impairment caused by drug or alcohol usage would threaten the health or safety of any person. 15. Under the influence - Having the presence of a drug or alcohol at or above the level of a positive test result. d. Circumstances under which testing may occur: Any employee or job applicant of the City may be tested under the following circumstances: 1. Job Applicant A job applicant may be requested or required to undergo drug testing after a job offer has been conditionally made and before commencing employment in the position. Alcohol testing will not be a part of a post -offer pre - employment physical examination. 2. Treatment Program Testing • The City may test any employee referred by the City for chemical dependency treatment or evaluation at any time and without prior notice during the period of treatment or evaluation and for up to two (2) years following completion of any prescribed chemical dependency treatment or evaluation program in accordance with Minnesota Statutes 181.951, Subd.6. 3. Reasonable Suspicion Testing No employee will be tested for drugs or alcohol under this policy without the person's consent. If, however, the City asks an employee to undergo a drug or alcohol test and the employee refuses, the employee may be subject to disciplinary action. The City may request or require an employee to undergo drug or alcohol testing if the employer has a reasonable suspicion that the employee: a. is under the influence of drugs or alcohol. b. has violated the employer's written work rules prohibiting the use, possession, sale, or transfer of drugs or alcohol while the employee is on the employer's premises or operating the employer's vehicle, machinery, or equipment; C. has sustained or caused another person to sustain a work • related personal injury; or d. has caused a work related accident or was operating or helping to operate machinery, equipment, or vehicle involved in a work related accident. 8 April 2002 City of Brooklyn Center Part-time Policy Manual • e. Criteria for Selecting Testing Laboratories When an employee or job applicant is to undergo drug or alcohol testing, the testing laboratory shall be certified and accredited to meet the criteria in accordance with Minnesota Statutes IS 1.953, Subd. 1. f. Refusal to Undergo Testing 1. Job Applicants - Job applicants may refuse to undergo drug testing. However, if a job applicant refuses to undergo drug testing requested or required by the employer, no such test shall be given and the job applicant shall be deemed to have withdrawn the application for consideration for employment. 2. Employees - Employees may refuse to undergo drug testing. However, if an employee refuses to undergo drug and alcohol testing carried out in conjunction with this Policy the employee may be subject to discipline including, but not limited to, discharge. g. Tampering with the Urine or Blood Sample: If an employee tampers with his or her own urine or blood sample, or in any way deliberately causes a sample to be invalid, the employee may be • subject to discipline including, but not limited to, discharge. h. First Failure to Pass Drug and Alcohol Testing Without evidence of any other misconduct any employee who for the first time has a positive test result on a confirmatory test will not be subject to discipline, including but not limited to discharge unless: 1. The City has given the employee an opportunity to participate in, at the employee's own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the City after consultation with a certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency; and 2. The employee has either refused to participate in such a program or has failed to successfully complete the program within a reasonable time as evidenced by withdrawal or a positive test result on a confirmatory test after completion of the program. i. Failure to Pass Drug and Alcohol Testing 1. Initial Screening Test (Employee) - The City will not discharge, • discipline, discriminate against or require rehabilitation of an employee solely on the basis of a positive Initial Screening Test that has not been verified by a Confirmatory Test. However, the City may temporarily suspend a tested Employee whose test 9 April 2002 City of Brooklyn Center Part-time Policy Manual • results are positive or transfer the Employee to another position at the same rate of pay pending the outcome of a Confinnatory Test (and, if requested, a Confirmatory Retest) if the City believes it is necessary to protect the health or safety of the employee, co- workers or the public. An employee who is suspended without pay will be reinstated with back pay if the outcome of the Confirmatory Retest is not positive. Requests for such a Retest must be made in writing within five (5) days of the employee's receipt of notice of the test results. An employee who receives a positive test result on a Confirmatory Test and does not request in writing a Confinnatory Retest within five (5) working days after notice of positive Confirmatory Test results, may be subject to discipline including, but not limited to, discharge subject to the provisions of this policy. 2. Initial Screening Test (Job Applicant) - The City will not withdraw a conditional offer of employment on the basis of a positive test result on a job applicant's Initial Screening Test. An Initial Screening Test must be verified by a Confinnatory Test (and a Confirmatory Retest, if requested) before a conditional offer of employment can be withdrawn. A job applicant who receives a positive test result of a Confirmatory Test, fails or refuses a • Confirmatory Retest, or does not request in writing a Confirmatory Retest within five (5) days after notice of a positive test result of a positive test result of a Confirmatory Test, may be refused employment and will be notified of the reasons for such refusal. 3. Confirmatory Test - Discipline for a Confirmatory Test verifying a positive test result on an Initial Screening Test may include discharge of an employee; provided, however, that prior to discharge, the employee is given the opportunity to explain a positive test result and request and pay for a Confinnatory Retest on the original sample. If the Confirmatory Retest is not positive, no action will be taken against the employee. If the Confirmatory Retest is positive, and if it is the first positive retest result for the employee, the employee will not be terminated if the employee elects to participate, at the employee's own expense, in a drug or alcohol treatment or rehabilitation program, whichever is appropriate. An employee who either refuses to participate in the treatment or rehabilitation program or who fails to successfully complete the treatment or rehabilitation program (as evidenced by withdrawal of the program before its completion or by a positive test result on a Confirmatory Test during or after completion of the program), may be subsequently discharged. • j. Rights of Employee or Job Applicant or Notice of Test Results 1. An employee or job applicant who receives a positive test result on a Confirmatory Test has the right to receive a copy of the test 10 April 2002 City of Brooklyn Center Part-time Policy Manual result report and, within three (3) working days of notice of the original positive Confirmatory Test result, to submit information to the City in addition to any information already submitted to explain that result, or within five (5) working days to notify the City in writing of the employee's intention to obtain a Confirmatory Retest of the original sample at the employee's or job applicant's own expense. 2. If the Confirmatory Retest is conducted in accordance with rules established by the Commissioner of the Minnesota Department of Health by a qualified laboratory in accordance with Minnesota Statute Section II, E., and if it is not positive, the City shall reimburse the employee or job applicant for the actual cost of the Confirmatory Retest in an amount not to exceed $100.00 and no adverse personnel action shall be taken against the employee or job applicant based on the original Confirmatory Test. k. General Testing Procedures All testing will be performed by a licensed laboratory that certifies its compliance with the requirements of Minnesota Statutes 181.953 et. seq. When the City decides to test for drug or alcohol use on any of the grounds enumerated in Section II, D., the following procedures will apply: • 1. Initial Screening Test a. Acknowledgment. Before the Initial Screening Test, the employee or job applicant shall be informed of the City's testing policy and given a form on which the employee or job applicant can acknowledge being so informed. The form shall allow the employee or job applicant to indicate any medication (prescription, signed for, or over -the- counter) that the individual is currently taking or has recently taken and other information relevant to the reliability of or explanation for a positive test result. Medical information disclosed on the form shall not be used as the basis for any adverse personnel action. b. If the Initial Screening Test produces a negative result, written notice of such result will be given to the individual who took the test within three (3) working days after the City receives the test result report. The employee or applicant will also be notified that they have the right to request and receive a copy of the test report. C. The testing laboratory will perform a Confirmatory Test on • all samples that produce a positive test result on the Initial Screening Test. 11 April 2002 I City of Brooklyn Center Part-time Policy Manual • 2. Confirmatory Test. If the Initial Screening Test produces a positive test result, a second test (known as the Confinnatory Test) will be conducted by the laboratory. If the Confirmatory Test is not positive, the City will send written notice of this fact to the employee or job applicant within three (3) working days after receiving the result. If the Confirmatory Test produces a positive test result, the City will take the following four steps: a. The city will send written notice of the positive test result within three (3) working days after receiving it to the employee or job applicant. b. The employee or job applicant will be informed of the right to receive a copy of the test result. C. The employee or job applicant will be told of the right to explain the positive result. d. The employee or job applicant will be informed of the right to request a Confirmatory Retest of the original sample at • the employee's or job applicant's expense. The employee or job applicant has five (5) working days in which to notify the City of this request in writing. 3. Confirmatory Retests. If an employee or job applicant chooses to request a Confirmatory Retest, the employee or job applicant has five (5) working days within which to notify the City of this request in writing. Within three (3) days of the receipt of such request, the City will notify the original testing laboratory that it is to conduct a Confinnatory Retest or transfer the sample to another certified laboratory for retesting. If the Confinnatory Retest does not confine the original positive test result, the City will take no adverse personnel action. If the confirmatory Retest is positive, the City may withdraw its conditional offer of employment to a job applicant or terminate an employee if such employee chooses not to participate in a chemical dependency treatment or evaluation program. 1. Data Privacy Test result reports and other information acquired in the drug and alcohol testing process are private data on individuals as defined in Minnesota Statutes, Chapter 13, and may not be disclosed to another employer or to a third parry individual, governmental agency, or private organization without the written n • co sent of the employee or applicant tested, unless otherwise permitted by law or required by court order. (See Minnesota Statutes 181.954, Subd. 3.) 12 April 2002 City of Brooklyn Center Part-time Policy Manual ® m. Other Misconduct Nothing in this Policy limits the right of the City to discipline or discharge an employee on grounds other than a positive test result in a Confirmatory Test. For example, possession but not consumption of a controlled substance, the sale of a controlled substance on City premises, or conviction under any criminal drug statute for a violation occurring in the workplace, may by themselves, be grounds for discipline or discharge. Any City employee may be subject to discipline up to and including tennination for violation of this Policy or any rules adopted by the City with respect to the manufacture, use, sale, or transfer of drugs and alcohol. n. Administrative Responsibility 1. The City Manager shall be responsible for implementing this Policy. 2. Each Department Manager and Supervisor shall be responsible for informing their employees of this Policy. 3. Each employee of the City shall be notified of this Policy. Employees shall acknowledge in writing of their notification of this Policy. 2. Drug Free Workplace • The City recognizes the value of having a drug -free workplace and in conjunction with the Drug -Free Workplace Act of 1988 adopts the following policy: 1. The unlawful manufacturing, distribution, dispensation, possession or use of a controlled substance is prohibited in the workplace. For purposes of this section, the teen "controlled substance" is defined as a controlled substance, which appears in Scheduled I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812). 2. A violation of this drug -free policy constitutes "just cause" for disciplinary action, up to and including immediate suspension or termination, or both. 3. As a condition of employment, employees will abide by the terms and conditions of this drug -free policy and will notify their department head of any criminal drug statute conviction for which a violation occurs in the workplace within five calendar days after such conviction. 4. The City will notify the contracting agency within ten calendar days after receiving actual notice of an above conviction. 5. Within 30 days of receiving notice from an employee of a drug related • workplace conviction, the City may require an employee to satisfactorily participate in a drug abuse assistance or an appropriate rehabilitation program. 13 April 2002 City of Brooklyn Center Part-time Policy Manual . 6. The City will establish a drug -free awareness program to inform employees about: a. the dangers of drug abuse in the workplace; b. the policy of maintaining a drug -free workplace; C. the availability of drug counseling, rehabilitation and employee assistance programs; d. the penalties that may be imposed upon employees for drug abuse violations. Each situation will be evaluated on a case -by -case basis depending upon the severity and circumstances. The City will make a good faith effort to continue to maintain a drug -free workplace through implementation of this policy. 3.3 Tobacco Use Tobacco products (i.e. chewing tobacco, smoking, etc.) are prohibited in City buildings and vehicles. 3.4 Gifts and Gratuities An employee may not solicit any gift or gratuity from any other employee or member of the general public. In no instance may a gift or gratuity be solicited or even hinted. In no instance may a City employee accept any gift or gratuity, even if the gift or gratuity was unsolicited. Volunteer Firefighters soliciting donations on behalf of the Brooklyn Center Firefighters Relief Association must guidelines for solicitation as established in the Fire Department Rules and Regulations, and may not solicit or accept gifts intended for personal use. There are very limited exceptions to what is considered a gift or gratuity. The exceptions include: 1. A plaque or similar memento recognizing an individual's services in a field of specialty or to a charitable cause. 2. A trinket or memento of insignificant value. 3. Infonnational materials of unexceptional value. 4. Food or beverage given at a reception, meal, or meeting away from your normal place of work by an organization before whom you are appearing to make a speech or answer questions as a part of a program. All other gifts of food or beverage are prohibited. Vendor contributions to a meeting of local officials for breakfasts, hospitality rooms, snacks, or refreshments are prohibited. • 5. Usual or customary gift giving among employees during the holiday season, birthdays, retirements, weddings, baby showers, rolls, cookies, flowers, etc., provided by coworkers. 14 April 2002 City of Brooklyn Center Part-time Policy Manual 6. Gifts from a family member. • Good judgment is advised. When you are faced with a situation concerning the acceptance of an item, you should seek approval from your supervisor prior to its acceptance and, if not resolved with your supervisor, proceed up the departmental ladder. It is important that each of us maintain high standards of public service and remain within the letter and spirit of ethical behavior. 3.5 Membership on Advisory Commissions City employees are, pursuant to City Council policy, ineligible for appointment or service on City Advisory Commissions. City employee participation with commissions is assigned by City Manager. 3.6 Information S }stems /Internet Use Polio The purpose of this policy is to define acceptable and unacceptable use of the computer system and network resources. 1. Software Use in Accordance with License Agreements Employees shall adhere to all software license agreements, with regard to duplication and use as directed by the software publisher. 2. Remote Connections and Special Applications Applications for remote connections and special applications will be reviewed • and approved at the discretion of the Information Technology (IT) Coordinator. Formal requests should be in writing, with an in -depth explanation of need and the cost savings involved. ALL software used on City computer and network systems must be approved and installed by the IT Coordinator. Written requests for new and demonstration software packages will be reviewed and approved at the discretion of the IT Coordinator. City employees are prohibited from downloading, acquiring, or installing their own software without prior consent and approval from the IT Coordinator. 3. Virus Protection All files brought into the City, via diskette or electronic transmission will be scanned for viruses. This includes diskettes from all service personnel, vendors, clients, and other government agencies. 4. Electronic Mail Electronic mail should be considered non - private information periodically reviewed and used for investigation b the IT Coordinator g y and department heads. The electronic mail system is not to be used to harass any other individual. Use of the electronic mail system is considered to be acceptance and acknowledgment of this rule. 5. City Computer Data All data stored on computer media owned, leased or rented by the City is considered to be owned by the city, and non - private (under the provisions of the 15 April 2002 City of Brooklyn Center Part-time Policy Manual • Minnesota Data Practices Act), including information stored on local drives. Data shall be subject to the Minnesota Data Practices Act and its use and dissemination shall be consistent with the data's classification under the Minnesota Data Practices Act. This data is also subject to review and investigation at the discretion of the IT Coordinator and department heads. 6. Using the World Wide Web City employees are encouraged to find ways to access information from other governmental agencies and related sites, but must realize that in some cases the time spent looking for something will take longer than the conventional method, Department Heads should be aware of the time spent by their employees, and employees should keep an accurate record of time spent and useful addresses for future use. a. Auditing of World Wide Web Use The City has the ability to document and investigate all sites viewed by user name and location. All employees must be aware that they will be monitored and any site viewed that is of a questionable nature may result in disciplinary action. This restriction includes browsing of entertainment sites or sites geared for an adult audience, infractions of this nature will be dealt with to the fullest extent of the discipline policy. • b. File Downloads and Virus Protection All files downloaded from the Internet must be of a business nature, and approved for download by the IT Coordinator. File must be saved to the network server to ensure that a virus scan is automatically performed. C. General Internet Restrictions City staff accessing the Internet through City resources, shall not: 1. Mask their true identity. This includes, but is not limited to, sending mail anonymously. 2. Use the system for any activity that is commercial in nature. Commercial activities include, but are not limited to, consulting, typing services, and developing software for sale. 3. Post on electronic bulletin boards materials that violate existing laws or the City's Human Resource policies. 4. Post on Internet services information that may be slanderous or defamatory in nature. 5. Attempt to monitor or tamper with another user's electronic communications, or reading, copying, changing, or deleting another user's files or software without the explicit agreement of the owner. 7. Personal Use Recognizing that employees will benefit from practice on the computer, the PC's may be operated for personal use - following guidelines as listed: 16 April 2002 City of Brooklyn Center Part-time Policy Manual • a. Employees must obtain department head or other designated staff approval for personal use in the office where the PC is located. b. Personal use is permitted only before and after regular business hours and only when other City business is not to be performed on the systems. C. Employees must use their own paper and disks (which must be scanned and approved for use by the IT Coordinator). d. Only City employees are to use the PC's. e. Use of City computers, software and peripherals for the following is strictly prohibited at all times: f. for profit or commercial activities; g. for any other public office or employment which is incompatible with City employment responsibilities, as detet7nined by the City Manager, h. for any political activity i. Internet e -mail may be used for personal correspondence, as long as it does not interfere with the normal duties of the employee. j. using the City Internet e -mail system to participate in any kind of broadcast mailing list is strictly prohibited. 8. Violation of Guidelines Violation of any of these guidelines shall be dealt with on an individual basis, consistent with the nature of the infraction. For all City employees, as defined in • the City Policy Handbook, infractions will be dealt with through normal personnel procedures - up to and including termination. For all other persons' infractions will be responded to by appropriate legal action. • 17 April 2002 City of Brooklyn Center Part-time Policy Manual SECTION 4 - RECRUITMENT /EMPLOYMENT • 4.1 Position Opening Authorization Department Heads will notify the City Manager and make recommendations when a replacement vacancy exists in a department or when there is a desire to fill a newly created position. The City Manager will review the request and recommendations and advise the department head on the proper course of action. The City Manager is the final authority in the filling of all positions. 4.2 Recruitment The recruitment of applicants for employment with the City shall take place at the direction of the City Manager through Human Resources. 4.3 Notification of Appointment The i C ty Manager will notify the candidate selected for appointment in writing. The notification must include the employment starting date and salary. The Department Head must provide the newly appointed employee with a current position description to indicate those duties and responsibilities for which the employee is accountable. 4.4 Probationary Period The probationary e oba onar period begins immediately upon starting date and continues for six • p Yp g Y p g 6 () to twelve (12) working months unless otherwise specified. The Department Head must inform the City Manager of employee's successful completion of the probationary period. All newly hired or rehired employees will serve a six (6) to twelve (12) month probationary period, or, in the case of volunteer firefighters, the tinge outlined in the Fire Departnent Rules and Regulations. At any time during the probationary period newly hired, promoted, or rehired employees may be terminated, demoted, or reassigned at the sole discretion of the employer. No cause for discharge is necessary. Time served in temporary positions is not considered part of the probationary period. 4.5 Dismissal During the Probationary Period A Department Head may recommend to the City Manager dismissal of a probationary employee at any time during probation for any reason. The employee must be notified of the termination date in writing from the City Manager. 4.6 Reference Checks All reference checks for current or tenninated employees must be routed to Human Resources. 4.7 Employment of Relatives ® More than one family member may not be employed within any department where one family member or relative supervises or has the ability to hire, fire or promote another relative, or where there may be a conflict of interest or not in the best interest of the City as determined by the City Manager. 18 April 2002 II City of Brooklyn Center Part-time Policy Manual • An exception to this rule can be made for Volunteer Firefighters where Fire Department Rules and Regulations govern the chain of command executed in the Fire Department and where it is in the best interest of the City to allow multiple family members to participate in the Volunteer Fire Department as determined by the City Manager. 4.8 Discipline The City reserves the right to take any disciplinary action it deems appropriate under the circumstances. 4.9 Grievances Regular full and part-time employees claiming a grievance shall timely submit such grievance to the employee's supervisor who shall consider and examine the grievance and attempt to resolve it to the extent of their authority. If the grievance is not resolved at the supervisory level, the employee to their department head who shall consider and examine the grievance and attempt to resolve it may refer it. If the grievance is not resolved at the department head level, the employee to the Assistant City Manager for disposition may refer it. Grievances involving Volunteer Firefighters shall be handled first in accordance with Fire Department Rules and Regulations. 4.10 Declaration of Affirmative Action Policy This is to affirm the City of Brooklyn Center's policy of providing Equal Opportunity to • all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity /Affirmative Action laws, directives and regulations of Federal, State, and Local governing bodies or agencies thereof, specifically Minnesota Statutes 363. The City of Brooklyn Center will not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, sexual or affectional orientation, disability, age, marital status, status with regard to public assistance, or familial status. The City of Brooklyn Center will take Affirmative Action to ensure that all employment practices are free of such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The City of Brooklyn Center will commit the time and resources reasonably necessary, both financial and human, to achieve the goals of Equal Employment Opportunity and Affirmative Action. The City of Brooklyn Center will evaluate the performance of its management and supervisory personnel on the basis of their involvement in achieving these Affirmative • Action objectives as well as other established criteria. Any employee of this City who does not comply with the Equal Employment Opportunity policies and procedures as set forth in this statement and plan may be subject to disciplinary action. 19 April 2002 City of Brooklyn Center Part -time Policy Manual • No part of this program is to be construed as a contract between the City of Brooklyn Center and any individual employee. It does not describe in any way the terms and conditions of employment of City employees. Such terms and conditions are set forth in, and the employment relationship is governed by, applicable collective bargaining agreements, employment agreements, or the personnel rules of the City. The City of Brooklyn Center has appointed the Assistant City Manager to manage the Equal Employment Opportunity /Affirmative Action program. The Assistant City Manager's responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this Affirmative Action program, as required by Federal, State and Local agencies. Brooklyn Center City Manager will receive and review reports on the progress of the program. If any employee or applicant for employment believes he /she has been discriminated against, please notify the Assistant City Manager. • 20 April 2002 City of Brooklyn Center Part-time Policy Manual i • SECTION 5 - EMPLOYEE COMPENSATION 5.1 Compensation Plan The City Manager must develop and maintain a compensation plan so all positions substantially similar with respect to the type, difficulty, and responsibility of work are included in the same grade and that the same salary range may be applied to all positions in a grade. The plan shall classify positions in accordance with federal and state laws for all positions. The City Manager will present the compensation plan to the City Council for its approval. The effective date of the compensation plan shall be the date stated in the plan approved by the City Council. 5.2 Reclassification When the duties of a position change substantially, the Department Head may request or the City Manager may initiate a review of the duties of the positions. Based on the results of the review, the City Manager may reclassify the position. 5.3 Overtime /Compensatory Time - Fair Labor Standards Act Pursuant to federal and state wage and hour laws, employees classified as full -time and nonexempt under FLSA who are authorized overtime work in excess of the regular scheduled workweek or pay period will be compensated at a rate of one and one -half • times their base rate of pay for hours worked in excess of their regular schedule. FLSA mandates that the City classify employees in regards to overtime /compensatory time as one of the following categories: FLSA Exempt Employee or FLSA Non - Exempt Employee. 1. FLSA Employee Exempt Exempt employees are not paid for overtime over 40 hours unless otherwise provided by collective bargaining or contract agreement. Exempt employees are generally employees who are classified as professional, administrative, executive and seasonal- recreation, under the FLSA exempt status. 2. FLSA Non - Exempt Employees Overtime or compensatory time must be paid at a rate of one and one -half times the non - exempt (this includes full -time, part-time and temporary employees) employee's regular rate of pay for each hour worked in a workweek in excess of 40 hours per week. 5.4 Compensatory Time - Non - Exempt Employees FLSA non - exempt employees have the option of selecting compensatory time at the rate of one and one half times their regular rate of pay in lieu of overtime, to a maximum of 40 hours of comp time accrual. • 5.5 General Rules - Overtime /Comp Time All overtime and comp time to be worked must be pre- approved by the Department Head prior to working overtime or comp time. Failure to obtain prior approval of overtime and comp time may result in discipline. 21 April 2002 City of Brooklyn Center Part-time Policy Manual • 5.6 Temporary Fill -In at a Higher Classification From time to time employees may be asked to fill in temporarily at work in a higher classification. The Department Head, with the approval of the City Manager will make the assignment. If a temporary assignment extends beyond 20 working days, additional compensation at the higher classification may be provided. The duration of a temporary assignment may not exceed six months, unless authorized by the City Manager. • 22 April 2002 City of Brooklyn Center Part-time Policy Manual • SECTION 6 - LEAVE BENEFITS The following leave benefits apply to all part -time employees, except that leaves will be granted to Volunteer Firefighters in accordance to the leaves described below and Fire Department Rules and Regulations with regard to earning ofpension time and seniority. 6.1 Workers' Compensation An employee who is temporarily disabled from work by an injury or illness sustained in the performance of the employees work with the City, may be eligible for Workers' Compensation payment. For more information on Workers' Compensation contact your supervisor or Human Resources. 6.2 Funeral Leave Time off can be taken in the event of a death in an employee's immediate family. In this section, the term "immediate family" includes spouse; dependents; parents; grandparents; sisters; brothers; mother and father -in -law; sister or brother -in -law; grandchildren; nieces and nephews. The Department Head and the City Manager will determine the length of leave. 6.3 Military Leave for Training Purposes Employees who are members of any reserve component of the military forces of the United States or National Guard, will be granted leave of absence without loss of status . or pay not to exceed 15 working days per year when ordered to training or active service. The City must receive a copy of the orders from the proper authority directing the employee to report to duty. Military leaves of absence with or without pay shall be granted as provided in Minnesota and Federal Regulations. 6.4 Bone Marrow Donation Leave A regular or probationary full -time or temporary employee who average 20 or more hours per week throughout the calendar year, who seek to undergo a medical procedure to donate bone marrow will be granted up to 40 hours of leave of absence. The City may require verification by a physician for the purpose and length of each leave requested. 6.5 School Conference and Activities Leave In compliance with MN Statutes 181.9412; regular employees may leave up to a total of 16 hours during any 12 -month period to attend school conferences or school- related activities related to the employee's child, provided the activities cannot be scheduled during non - working hours. Parental leave must be requested in writing in advance and processed through the Department Head or Supervisor. An employee may request leave without pay to a maximum total of 16 hours during a 12- month. • I 23 April 2002 City of Brooklyn Center Part-time Policy Manual • 6.6 Leave of Absence Leave of absence without compensation may be granted by the City Manager for up to six calendar months to an employee for an reasonable purpose and extended Y p rp d by the City Manager for any reasonable period. Employees must submit a written request for personal leave to the department head and, if approved, the Department Head must submit the request to the City Manager. The City Manager may extend the leave of absence if it is found to be in the best interest of the City. 6.7 Family Medical Leave Act - FMLA The Family Medical Leave Act of 1993 and Federal Regulations govern family Leave. The following is a summary of the Family Medical Leave Act and how it applies to employees of the City of Brooklyn Center. 1. Eligible Employees Eligible employees are those who have: a. Been employed by the City of Brooklyn Center for at least one year; and b. Have worked a minimum of 1,250 hours within the previous 12 -month period. 2. Circumstances Covered by Family Leave FMLA leave will be granted to an eligible employee for any of the following • reasons: a. To care for their child (birth, placement for adoption, or foster care with the employee); b. To care for their spouse, son, daughter, or parent who has a serious health condition; or C. For a serious health condition that makes an employee unable to perform their job duties. 3. Serious Health Condition A serious health condition is an illness or injury that involves: a. An overnight stay in a hospital, hospice or residential medical care facility, and any period of incapacity or subsequent treatment in connection with such medical care; and b. A period of incapacity of more than three consecutive calendar days (including any subsequent treatment period of incapacity relating to the same condition) that also involves: 1. Treatment two or more times by a health -care provider or certain others (e.g., a nurse or physical therapist) under the supervision of or referral by a health -care provider; or • 2. Treatment by a health -care provider at least once which results in a regimen of continuing treatment under the health -care provider's supervision. ' 24 April 2002 City of Brooklyn Center Part-time Policy Manual • C. Any period of incapacity due to pregnancy or for prenatal care. d. A chronic condition which: 1. Requires periodic visits for treatment by a health -care provider or a person supervised by a health -care provider; 2. Continues over an extended period of time (including recurring episodes of a single underlying condition); and 3. May cause episodes of incapacity rather than a continuous period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). C. A period of incapacity, which is permanent or long term due to a condition for which treatment may not be effective. A person must be under the continuing supervision of, but need not be receiving active treatment by a healthcare provider (Alzheimer's, a severe stroke or the terminal stages of a disease). f. Any period of absence to receive multiple treatments for restorative surgery after an injury or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention (e.g., cancer chemotherapy, kidney dialysis, etc.). 4. Length of Leave The length of FMLA leave is not to exceed 12 weeks in any 12 -month period. The entitlement to FMLA leave for the birth or placement of a child expires 12 months after the birth or placement of the child. 5. Leave Year The leave year will begin the first day the employee is absent from work on FMLA leave, or calendar year - final determination to be made by City Manager. 6. Notice The employee must give the City at least 30 days advance notice if the leave is foreseeable. If leave must be taken in less than 30 days, the employee should give as much notice as is practicable. 7. Medical Certification The employee must provide a medical certification if the leave is for the serious health condition of a child, spouse, parent or the employee. The City may require a second or third medical opinion at the City's expense. 8. Both Spouses Employed by City When both spouses are employees of the City, each spouse may take 12 weeks of • FMLA leave per leave year. The leaves may run simultaneously. 9. Effect on Benefit Accrual The length of the leave will extend step increases. 25 April 2002 I City of Brooklyn Center Part-time Policy Manual 10. Key Employees • Employees who are not "key" employees will be reinstated to their same position or an equivalent position upon return from leave with equivalent pay, benefits and working conditions. A key employee is defined as a salaried employee who is in the highest ten percent of all employees. Key employees may be denied reinstatement to the same or an equivalent position after a leave if denial is necessary to prevent substantial economic injury to the City's operations. (A "key" employee is a salaried, "eligible" employee who is in the highest paid ten percent of employees within 75 miles of the work site.) 6.8 Limitation of Grants of Leave without Compensation Sick leave and vacation leave accruals will not accumulate during leave of absence without compensation; accrued amounts of both sick leave and vacation leave will remain on the record at the inception of the leave of absence and shall continue upon the return of the employee. If the leave extends for more than 30 days, the employee must pay health and dental coverage and life insurance premiums in full during such leave or the coverage will lapse. For leaves without compensation of 30 days or less, the City will continue its normal premium contribution or as policy allows. 6.9 Leave Extension Request Failure on the part of the employee to request and receive authorization for an extension • of leave within three working days of expiration of initial leave is considered as a resignation from employment. 6.10 Reinstatement From Leave of Absence 1. An employee returning from leave must notify the employee's supervisor at least two weeks prior to the anticipated return date. 2. Upon return from a leave of absence, the employee will be assigned to the previously held position or a position in a comparable class except as herein provided. 3. An employee may be returned to employment at any time prior to the expiration of the leave by the action of the City Manager. 4. Employees returning from leave will retain all previously accrued benefits of employment and seniority. 6.11 Inclement Weather Leave On days when severe weather occurs, the City of Brooklyn Center offices, operations and Facilities will remain open. When severe weather conditions prohibit employee to report to work or an employee leaves work due to weather, the employee will use either vacation leave or unpaid leave for such absence unless otherwise determined by the City Manager. • 26 April 2002 City of Brooklyn Center Part-time Policy Manual SECTION 7 - SEPARATION FROM EMPLOYMENT 7.1 Resignations 1. To leave employment in good standing employees must submit written resignation to the employer. Such written notices must indicate the effective date of resignation and must be submitted at least fourteen (14) calendar days before such effective date. Failure to comply with this procedure may be considered cause for denying future employment by the municipality and denial of benefits. 2. Unauthorized Absences. Unauthorized absence from work for a period of three working days may be considered as resignation without benefits. 7.2 Dismissal The City retains the right to an immediate discharge of an employee. 7.3 Lay -Offs The City Manager may lay off any employee whenever such action is made necessary by reason of shortage of work or funds, the abolition of a position, or because of changes in the organization. Part -time, seasonal, temporary, non - benefit earning employees may be separated from employment at any time, without advance notice and shall have no recall rights. • 27 April 2002 City of Brooklyn Center Part -time Policy Manual SECTION 8 - RECORDS AND REPORTS • 8.1 Personnel File The official personnel file for each regular employee is in the Administration office with the exception of data regarding benefits, which is maintained in Finance. The employee's personnel file contents are proprietary to the City and the employee may not exercise his /her right to review their file more often than once every six months unless new information has been added to the file. 8.2 Job Descriptions The City Manager, with assistance of Department Heads shall establish and maintain a job description for each position. Administration will maintain the official copy of each current job description for regular positions. 8.3 Performance Reports Department Heads and Supervisors shall conduct performance evaluations with regular employees on an annual basis. Peiforniance evaluations with regard to Volunteer Firefighters shall be completed in accordance to Fire Department Rules and Regulations. Evaluations may be conducted more frequently if an employee's performance is unsatisfactory; there are changes to the position or as determined by the supervisor. Performance evaluations should be discussed with the employee before being submitted to the City y Ma ager. Performance evaluations shall be retained in the employee's personnel file. • 8.4 Employee Identification Card Polic y All full -time and part-time regular employees out in the field and /or conducting inspections are required to have a City employee identification card. Employee identification cards are available from the police department. Upon termination with the City of Brooklyn Center, employee identification cards must be returned to the appropriate department head /supervisor. • 28 April 2002 City of Brooklyn Center Part-time Policy Manual • SECTION 9 - EXPENSE REIMBURSEMENT POLICY 9.1 Clothing /Foot Protection 1. Eligible Employees All part-time regular and seasonal employees in the work area of government buildings divisions and employees engaged in building inspection and engineering inspection/survey; golf course maintenance personnel as well as all others so designated. 2. Procedure Part-time and /or seasonal employees will be reimbursed an allowance of $50 per calendar year for purchase of work clothing, protective clothing, safety jackets or vests, steel toed boots /shoes; uniform or rental of such work clothes for use on the job for the City of Brooklyn Center. The City reserves its right to ensure allowance is used for appropriate work attire. Receipts and description of purchase /rental required prior to reimbursement. Employees who choose to be reimbursed by the City for the optional clothing and /or footwear described above must submit to his /her supervisor a clothing /foot protection reimbursement form and proof of purchase. The supervisor will then submit this documentation to the Department Head for final approval. • Personal automobile use for authorized s tri meetings, etc. will be P� s g, > reimbursed at the rate consistent with IRS regulations. Mileage reimbursement requests must be in writing and approved by the Department Head. Use of personal vehicle for work purposes must be pre- approved by the Department Head. 29 April 2002 , A t • BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT RULES AND REGULATIONS ADOPTED FEBRUARY, 2002 r • TABLE OF CONTENTS ARTICLE 1 - ORGANIZATION 1 ARTICLE 11 - PERSONNEL 1 SECTION I FIRE RESERVE QUALIFICATIONS AND DUTIES 1 SECTION II PROBATIONARY- QUALIFICATIONS AND DUTIES 2 SECTION III REGULAR - QUALIFICATIONS AND DUTIES 3 SECTION IV JOB DESCRIPTION 3 1.0 FIRE CHIEF 3 2.0 ASSISTANT FIRE CHIEF 4 3.0 DISTRICT CHIEF 5 4.0 CAPTAIN 6 5.0 TRAINING OFFICERS 6 6.0 REGULAR FIREFIGHTERS 7 7.0 FIRE INSPECTORS 8 8.0 FIRE EDUCATION SPECIALISTS 8 SECTION V EMERGENCY RESPONSE PERFORMANCE 9 • SECTION VI DRILLS AND MEETINGS 9 SECTION VII WORK DETAILS 10 SECTION VIII DIVING PERSONNEL 10 ARTICLE III -COMMITTEES 10 SECTION I FINANCIAL PLANNING /AUDIT COMMITTEE 10 SECTION II EXAMINING COMMITTEE 11 SECTION III SELECTION COMMITTEE 11 SECTION IV REVIEW COMMITTEE 11 SECTION V FUND RAISING COMMITTEE 12 SECTION VI SUNSHINE FUND (FLOWERS) 13 ARTICLE IV - SELECTION OF OFFICERS 13 SECTION I APPOINTMENT PROCEDURES 13 SECTION II SELECTION PROCESS 14 SECTION III TERMS OF FIRE OFFICERS 14 SECTION IV MINIMUM QUALIFICATIONS FOR FIRE OFFICERS 14 SECTION V ADDITIONAL QUALIFICATIONS FOR OFFICER CANDIDATES 16 SECTION VI ELIGIBILITY AND QUALIFICATIONS 17 • SECTION VII VARIANCES 17 SECTION VIII PROCESS 17 r • SECTION IX PEER EVALUATION 17 SECTION X RESULTS 18 SECTION XI APPOINTMENTS 18 ARTICLE V - LEAVE OF ABSENCE /RESIGNATION 18 SECTION I LEAVE OF ABSENCE 18 SECTION II SENIORITY /PROMOTIONS 18 SECTION III MEDICAL LEAVE OF ABSENCE 19 SECTION IV DISCIPLINARY GUIDELINES AND PROCEDURES 19 SECTION V REINSTATEMENT 20 ARTICLE VI - CHANGES 20 ARTICLE VII - OPERATING PROCEDURES 21 SECTION I APPROVAL 21 SECTION II EXTENUATING CIRCUMSTANCES 21 SECTION III REVISIONS 21 SECTION IV GENERAL 21 • SECTION V DUTY RULES 24 SECTION VI UNIFORMS 24 SECTION VII SAFETY REGULATIONS (PAGES 6 -8 SOP'S) 25 • r BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT RULES AND REGULATIONS ARTICLE I - ORGANIZATION These Rules and Regulations will be in conformance with the Brooklyn Center Charter, City Ordinance, Chapter 5 and the Bylaws of the Brooklyn Center Volunteer Fire Department. All members, including Fire Reserve, Probationary and Regular, will be subject to the provisions of the Rules and Regulations unless otherwise specified herein. These Rules and Regulations will support the efficient operation of the Brooklyn Center Volunteer Fire Department and its objectives. Seniority will be defined as time of active service, beginning with probationary date. ARTICLE II - PERSONNEL Section I Fire Reserve Qualifications and Duties 1.0 Applicants for Fire Reserve membership will satisfactorily pass an oral interview and a medical examination, drug test, psychological test, and physical ability test before being appointed to the Fire Reserve by the Fire Chief. • 2.0 Reservists will complete fit testing and SCBA requirements before receiving pagers and responding to calls. 3.0 Reservists will actively participate in all department drills, work details and special nonpublic activities unless excused by an officer. 4.0 Attendance will be monitored and will become a part of their performance when being evaluated for probationary membership. Reservists - will be welcome in the station anytime, but will not be allowed in the station, including social areas, without a regular member. 5.0 Reservists will be invited and encouraged to attend all social functions. 6.0 Reservists will not handle any equipment unless accompanied by a regular member and only after having been properly instructed as to its use. 7.0 Reservists will respond to the station only after their minimum training is completed. Reservists will ride emergency vehicles • only at the discretion of an officer; however, they will not displace a regular or probationary firefighter. Rules and Regulations Page 1 February, 2002 • 8.0 Reservists will have no direct contact with the public until they have an adequate understanding of the department and its equipment and at the discretion of a Chief Officer. 9.0 Reservists will participate in fund raising activities in a supporting role. 10.0 Reservists may be dismissed for any valid reason involving performance or attitude at the discretion of the Chief Officers. There will be no appeal procedures. 11.0 Reservists will not wear any fire department uniforms, official or unofficial, at any time without permission of an officer. Section II Probationary — Qualifications and Duties 1.0 Applicants for probationary membership will be members of the fire reserve. Before being appointed to probationary member by the Fire Chief, the applicant must be State - certified in Firefighter 1. • 2.0 Probationary members will participate in all activities and drills (regular and special) including fund raising. 3.0 Probationary members may attend business meetings, but will have no vote at such meetings and when in attendance, will dress casually, but neatly. 4.0 Probationary members will respond to all calls. Probationary members may ride emergency vehicles to the scene, but will not take the place of a regular member on a truck. 5.0 Probationary members will be welcome in the station anytime. They will be allowed to use a key to enter the station when responding to a call. They will not be allowed in the station without a regular member present unless directed by an officer. 6.0 Probationary members will serve a minimum probationary period of six (6) months. 7.0 Probationary may be dismissed ry y for a valid reason involving performance or attitude at the discretion of the Chief after consulting with the fire department officers. There will be no appeal procedure. • Rules and Regulations Page 2 February, 2002 • Section III Reqular — Qualifications and Duties 1.0 Applicants for regular membership will serve a minimum period of six (6) months as a probationary member, and must complete a First Responder Course or equivalent, emergency vehicle driving, and pump operation before being appointed to regular membership. 2.0 Duties for a regular firefighter are found in Section IV, Job Description. 3.0 Each individual firefighter will make all efforts to contact a chief officer of any injury, hardship, or other circumstance causing their absence in excess of 72 hours. Section IV Job Description 1.0 Fire Chief 1.1 The Chief will be responsible for all apparatus, equipment and supplies, and will supervise or direct all persons who are members of the department and will possess full power and • authority over its organization, government and discipline, and to that end, will () prescribe and enforce such rules and issue such orders as he /she deem advisable. 1.2 The Chief will, at all times, supervise and keep in repair and ready for instant use, all apparatus, equipment and supplies used for fire prevention, fire protection and emergency responses. 1.3 The Chief, upon arriving at the scene of an emergency, will assume full command at his /her discretion. 1.4 The Chief will keep a record of all fires, causes and losses incurred in such fires as accurately as such causes and losses can be ascertained. 1.5 The Chief will submit a report of the condition and activities of the fire department to the City Manager at the close of each fiscal year, or as soon thereafter as is practical. 1.6 The Chief will, from time to time, advise the City Manager of the needs of the department caused by changing conditions and the • developments of the city, and make such recommendations in writing as is deemed necessary. The Chief will also recommend Rules and Regulations Page 3 February, 2002 the acquisition of new apparatus, equipment and supplies. All • purchases for the department will be subject to approval by the Chief. 1.7 On or before July 1 of each year, the Chief will submit to the City Manager a detailed budget estimate of the requirements of the fiscal year including an estimate of cost of needed additions, replacement, or repairs to apparatus, equipment and buildings. 1.8 The Chief will have the responsibility of the management of the fire department budged and will certify that all bills charged to the department are correct. 1.9 The Chief will be responsible to the City Manager of the City of Brooklyn Center. 1.10 The Chief will be responsible for media relations. 2.0 Assistant Fire Chief 2.1 Must meet emergency response performance established for regular firefighters and must meet or exceed meeting and drill • attendance standards established for regular firefighters. 2.2 The Assistant Chief will be under the direct supervision of the Chief of the department. 2.3 The Assistant Chief will be subordinate only to the Chief of the department. 2.4 During the absence of the Chief of the department, the Assistant Chief will assume the duties and responsibilities of the Chief of the department. 2.5 The Assistant Chief will be directly responsible to the Chief of the department for maintenance of discipline and efficiency of all personnel. 2.6 The Assistant Chief, upon arriving at the scene of an emergency, will assume full command at his /her discretion. 2.7 The Assistant Chief will be directly responsible to the Chief of the department for the proper distribution of personnel. 2.8 The Assistant Chief will enforce all rules, regulations and order of • the department. Rules and Regulations Page 4 February, 2002 • 2.9 The Assistant Chief will perform such other related work as the Chief of the department may direct. 2.10 The Assistant Chief will examine all requests or recommendations made by subordinates, forwarding such requests or recommendations to the Chief of the department with his /her approval or disapproval. 2.11 The Assistant Chief will be responsible for all maintenance of equipment. 2.12 The Assistant Chief will be responsible for the training of all department personnel. 2.13 The Assistant Chief will be responsible for preplan drawings and preplan records. 3.0 District Chief 3.1 Must meet emergency response performance established for regular firefighters and must meet or exceed meeting and drill • attendance standards established for regular firefighters. 3.2 The District Chief, upon arriving at the scene of an emergency in his /her district, will assume command at his /her discretion until released by an officer of higher rank. 3.3 The District Chief will supervise company officers in their operation in his /her station. 3.4 The District Chief will assign work and special projects to Captains in his /her station. 3.5 The District Chief will supervise work and special project assignments in his /her station. 3.6 The District Chief will perform training duties as assigned. He/she ill e perform such other duties, as the Assistant Chief may deem necessary. • Rules and Regulations Page 5 February, 2002 • 4.0 Captain 4.1 Must meet emergency response performance established for regular firefighters and must meet or exceed meeting and drill attendance standards established for regular firefighters. 4.2 The Captain will be under the direct supervision of the District Chief. 4.3 The Captain will be in direct command of his /her company at the station, fires and other emergencies. 4.4 The Captain will be responsible for the fire fighting efficiency and the discipline of his /her company. 4.5 The Captain will respond with his /her company to all fires and such other emergency calls as directed. 4.6 When first to arrive at a fire or emergency, the Captain will be in command thereof, until relieved by an officer of higher rank. 4.7 The Captain will assume active command and be responsible for • the extinguishment of all fires and emergencies that he /she is in command. 4.8 The Captain will be directly responsible to the District Chief for the proper care and condition of the apparatus and equipment of the department. 4.9 The Captain will perform training duties as assigned. He /she will perform such other duties, as the District Chief may deem necessary. 5.0 Training Officers 5.1 Must met emergency se performance established for e e c response 9 Y p regular firefighters and must meet or exceed meeting and drill attendance standards established for regular firefighters. 5.2 Training Officers will be under the direct supervision of the Assistant Chief. 5.3 Training Officers will be responsible for the conduct and supervision of all training drills and exercises. • Rules and Regulations Page 6 February, 2002 • 5.4 Training Officers will maintain member attendance records for all drills and exercises in accordance with Section V. 5.5 Training Officers will maintain a record of each drill using the drill attendance report with drill objectives, outline material presented, audio /visual sources used and total time of drill or exercise. 5.6 Training Officers will maintain a record of all training materials owned by the Brooklyn Center Fire Department. 5.7 Training Officers will be a member of, and actively participate in, the North Suburban Mutual Aid Training Officers' Section. 5.8 Training Officers will prepare and make available to members a quarterly schedule of drills and exercises. 5.9 Training Officers will prepare an annual report of all training activities for the preceding year including total hours, member attendance and such other data as the Assistant Chief or Chief may request. 5.10 Training Officers will encourage member attendance at outside • schools and seminars and notify the members of such schools. 6.0 Regular Firefighters 6.1 Regular firefighters will be under the direct supervision of the office of his /her company. 6.2 Regular firefighters will extinguish and prevent fires, effect rescues and render first aid. 6.3 Regular firefighters will participate in drills and other department training. 6.4 Regular firefighters will keep the apparatus, tools and equipment in good condition. 6.5 Regular firefighters will keep the station and premises neat, clean and in good order. 6.6 Regular firefighters will assume command of his /her company in quarters and at fires in the absence of a superior officer, when so directed. • 6.7 Regular firefighters will perform other related work as required. Rules and Regulations Page 7 February, 2002 6.8 Regular firefighters will maintain all departmental certification (Firefighter 1, First Responder) requirements and those certifications deemed necessary by chief officers. 7.0 Fire Inspectors 7.1 Must meet emergency response performance established for regular firefighters and must meet or exceed meeting and drill attendance standards established for regular firefighters. 7.2 Fire Inspectors will be responsible for inspections of commercial, multiple, industrial and all inspections in accordance with local, state and federal regulations. 7.3 Fire Inspectors will coordinate responsibilities in conjunction with the Fire Marshal /Fire Chief. 7.4 Fire Inspectors will assist in plan reviews as requested by the Fire Marshal /Fire Chief. 7.5 Fire Inspectors will be responsible for individual assignments as • requested by the Fire Marshal /Fire Chief. 8.0 Fire Education Specialists 8.1 Must meet emergency response performance established for regular firefighters and must meet or exceed meeting and drill attendance standards established for regular firefighters. 8.2 Fire Education Specialists will be responsible for fire education at all schools and applicable programs within the community. 8.3 Fire Education Specialists will be responsible for follow up, continuing fire education and juvenile fire setters. 8.4 Fire Education Specialists will coordinate Fire Prevention Week programs. 8.5 Fire Education Specialists will develop an educational program for juvenile fire setters. 8.6 Fire Education Specialists will coordinate fire education programs with other fire departments. • Rules and Regulations Page 8 February, 2002 • Section V Emerqencv Response Performance 1.0 All regular members are required to maintain a minimum emergency response performance record. The minimum standards are 33% of all calls during a member's normal availability and 25% of total calls. Regular member performance may be subject to review by the Fire Chief. 2.0 It is the member's responsibility to assure his /her attendance is recorded at the scene or the station. 3.0 Monthly response records will be compiled and posted at each station by the Fire Chief. Any regular member who fails to meet the emergency response performance standards on a quarterly basis will be subject to review for disciplinary action. 4.0 Day calls will be from 06:00 to 18:00. Night calls will be from 18:00 to 06:00. Weekend calls are from 18:00 hours Friday to 06:00 hours Monday with approval of Fire Chief. Section VI Drills and Meetinqs • 1.0 Night Responders — Drills and meeting will be held on Monday evenings at the designated place and time. Day Responders — Drills and meetings to be assigned by the Assistant Chief. Roll call will be taken by the Training Officer at the beginning and at the conclusion of each drill. Roll call will be taken by the secretary at the end of each meeting. It is the individual firefighter's responsibility to keep track of their attendance at drills and meetings. Any firefighter arriving after first roll call or leaving before final roll call will receive one -half (1/2) credit for that drill. 2.0 All attendance records will be maintained by the Training Officers and the department secretary. Any firefighter not maintaining a 66% attendance of drills per quarter, or who is habitually late, will be reported to the Chief for review for disciplinary action. 3.0 All members are required to attend all mandatory drills. 4.0 In order for the member to be able to make up a missed drill, the member must contact a chief officer or Training Officer in advance of the missed drill. The training division will assign the make -up drill. Rules and Regulations Page 9 February, 2002 • 4.0 Any firefighter not attending at least one (1) meeting in a quarter will be reported to the Fire Chief for disciplinary action. Section VII Work Details 1.0 Truck checks will be scheduled on a yearly basis. To remain a member in good standing you must attend 100% of the assigned truck checks. If you are unable to attend an assigned date, arrangements can be made with the respective officers, IF THEY ARE NOTIFIED PRIOR TO THE TRUCK CHECK. 2.0 Special details will be posted at each station one (1) week prior. Attendance will be taken at the work detail. 3.0 Attendance will be taken at all work details. To remain a member in good standing, each member will participate in 50% of all work details. 4.0 Any firefighter having a conflict with missing work details will contact their District Chief. It will be at the District Chief's discretion if and when a special work detail is needed. • Section VIII Divinq Personnel Refer to Diving Personnel Manual. ARTICLE III - COMMITTEES There will be a Financial Planning /Audit Committee, and Examining /Recruiting Committee, a Review Committee, a Selection Committee and a Fund Raising Committee. The Chief will appoint from the regular members such other committees, as he /she deems necessary. The department secretary will post at all fire stations a current and accurate account of all standing committees. Section I Financial Planninq /Audit Committee 1.0 It will be the duty of the Financial Planning /Audit Committee to recommend plans for managing funds received by the Brooklyn Center Volunteer Fire Department. 2.0 The Committee will set short and long range objectives and recommend plans for achievement of the objectives. 3.0 Plans for achievement of short and long range objectives will be presented to the membership at the regular meeting in January. • Financial reports relating to short -range objectives will be Rules and Regulations Page 10 February, 2002 I • presented to the membership at least quarterly at regular meetings. 4.0 The Committee will examine accounts of the treasurer at least once each year and will present a report of the examination to the membership at the regular meeting in January. 5.0 Membership of the Financial Planning /Audit Committee will consist of five (5) regular members and the treasurer. Members will be appointed by the Chief subject to approval of the membership. Terms of office of the regular members will be three (3) years and will expire in alternate years. Section 11 Examininq Committee 1.0 The Examining Committee will consist of four (4) regular members appointed by the Chief and they will serve until removed. 2.0 The Examining Committee will administer all oral interviews and such other job related tests as appropriate and report its findings to the Chief per the Fire Department Ordinance. • Section III Selection Committee 1.0 It will be the duty of the Selection Committee to conduct officer selections, determine the qualifications of the candidates, certify results and interpret and decide any rules concerning the selection process not clearly stated by the Bylaws or these Rules and Regulations of the department. 2.0 The Selection Committee will consist of at least three (3) regular members appointed by the Chief. The Chief will determine terms of appointment. Section IV Review Committee Any regular or probationary member who fails to meet the minimum requirements for drills, meetings, work details, truck checks, fundraisers and quarterly emergency response percentages will be subject for review by the Review Committee for possible disciplinary action. 1.0 It will be the duty of the Review Committee to review all regular or probationary members submitted by the Fire Chief. The Fire • Chief will notify the Review Committee whenever a regular or Rules and Regulations Page 11 February, 2002 • probationary member is not maintaining minimum performance standards. 2.0 The Review Committee will meet within 10 days following the notification by the Fire Chief. 3.0 The Fire Chief will notify the member by mail when the Review Committee has scheduled a meeting. 4.0 It is the member's responsibility to attend the scheduled meeting and to present their reasons for the failure to meet minimum performance standards. 5.0 The Review Committee will forward their recommendation for disciplinary action, if any, to the Fire Chief. (The Review Committee will use the established "Infraction of Rules and Regulations, Length of Suspensions" as a guide and should not impose a longer suspension than is recommended.) 6.0 Appeals of the Review Committee's recommendations will be submitted to the Fire Chief who will consider and examine the appeal in an attempt to resolve it. If the appeal is not resolved • with the Fire Chief, the Chief may refer it to the Assistant City Manager for disposition. (As amended from Section 4.9 Grievance of the Personnel Rules and Regulations Part Time Manual.) 7.0 The Review Committee will consist of no less than five (5) regular members. The regular membership will elect the members for two -year alternating terms. The Fire Chief is not allowed to serve on the Review Committee. Section V Fund Raisinq Committee 1.0 It will be the duty of the Fund Raising Committee to seek fund raising activities beneficial to the Fire Department. 2.0 All regular and probationary members are expected to take an active part and meet the minimum requirements as established by the committee with the approval of the membership. 3.0 A committee consisting of four (4) members appointed by the Chief, with the treasurer as an ex- officio member. The term will be for two (2) years and such terms will expire in alternate years • and will be appointed at the January business meeting. Rules and Regulations Page 12 February, 2002 4.0 The committee will recommend possible fund raising activities to ® be discussed and the selection made at the next business meeting. The committee will also establish the rules and procedures of the activities to be approved by the membership. 5.0 Disciplinary action to be taken for members not meeting the minimum requirements will be conducted by the Chief. 6.0 The chairperson of fund raising activities will be appointed by the Chief. Section VI Sunshine Fund (Flowers) 1.0 Flowers are ordered by the secretary. 2.0 Criteria for receiving flowers are: a. Death of a firefighter or firefighter's spouse, child, parent, sibling (also spouse's parents). b. Sickness of firefighter or spouse. c. Death of retired firefighter or spouse. 3.0 Notify department secretary or any officer of any events under • 2.0. ARTICLE IV - SELECTION OF OFFICERS Section I Appointment Procedures Fire Chief /Fire Marshal Appointed by City Manager Assistant Fire Chief Appointed by Fire Chief Confirmed by City Manager All Other Line Officers To include Captains and District Chiefs Appointed by Fire Chief No confirmation necessary Training Officers Assigned duty by Fire Chief No confirmation necessary • Rules and Regulations Page 13 February, 2002 • Inspectors Assigned duty by Fire Chief No confirmation necessary Section II Selection Process The selection process of line officers will be in accordance with the following schedule: Upon vacancy by the Chief, the Assistant Chief will meet with the City Manager to initiate Chief replacement process. September 15 Post application form for Assistant Chief. November Business Meeting Select Assistant Chief November 15 Post application form for District Chief and Fire Captains • November 30 Remove posting for District Chief and Fire Captains December Business Meeting Select District Chief and Fire Captains Section III Terms of Fire Officers 1.0 Fire Chief — 2.0 Assistant Chief — Four years 3.0 District Chief — Four years. District Chiefs will be selected on alternating years. 4.0 Fire Captain — Two years. Fire Captains will be selected on alternating years, one in each district. Section IV Minimum Qualifications for Fire Officers 1.0 Fire Chief - Nine (9) years fire service experience including one (1) term as Brooklyn Center Chief Officer. • Rules and Regulations Page 14 February, 2002 • a. Education: Associate degree in Fire Protection or Management from an accredited college or university, or equivalent combination of training and experience related to the fire service. b. Experience or training can include, but is not limited to, courses in fire management and operation from the National Fire Academy, field or campus courses, Hennepin County Technical or Junior College courses in fire science or management or Fire Staff and Command course offered by University of Maryland or University of Cincinnati. c. Ability to communicate clearly and concisely both orally and in writing. d. Ability to work effectively will all city departments and related outside agencies. e. Working knowledge of data processing systems. 2.0 Assistant Fire Chief • a. Must meet the requirements of Captain and District Chief. b. Must have served one term as officer for Brooklyn Center Fire Department. c. Fire Instructor d. Experience in personnel management. e. Post - secondary work in two of the following: fire behavior, fire ground control, fire incident command, fire department management, fire safety, building construction, hazardous materials, fire investigation. f. Computer knowledge. 3.0 District Chief a. Must meet the minimum requirements of Captain. b. Must have seven (7) years as a firefighter or officer. • c. Hazardous Materials Technician Rules and Regulations Page 15 February, 2002 • d. Fire Officer II course completion. e. Incident Command Officer level f. Fire investigation and computer knowledge g. At least two (2) classes in the following areas at a technical /community college or the National Fire Academy: Leadership I and /or II, Fire Instructor I and /or II, Human Resource Management, Fire Prevention, Incident Management, writing and grammar course, State of Minnesota MIMIS Course, Fire Inspector I and /or 11, Building Construction. 4.0 Captain a. Minimum five (5) years as a firefighter. b. Firefighter I State Certified. c. Firefighter II State Certified. • d. Fire Officer I course completion e. Completion of at least one of the following: incident command system, commanding the initial response, tactical operations or the equivalent training. f. Ability to commit considerable time to the fire service. g. 150 hours of outside classes not including Firefighter I or 11. Not more than 40% of dive or high -level rescue hours or more than 40 hours of EMT will count toward the additional 150 hours of extra classes. Section V Additional Qualifications for Officer Candidates 1.0 Captain During their term as Captain it is required that a minimum of 20 hours of approved continuing education offered by the technical /community college or the National Fire Academy in any of the following courses: Incident Command, Fire Officer Ii, Fire Instructor, Fire Inspector, Haz -Mat, Fire Investigation, • communication classes, or any course approved by the Assistant Chief or Fire Chief be completed. Rules and Regulations Page 16 February, 2002 I • 2.0 District Chief During their term as District Chief it is required that a minimum of 40 hours of additional approved continuing education offered by the technical /community college or the National Fire Academy in any of the following courses: Incident Command, Fire Officer II, Fire Instructor, Fire Inspector, Haz -Mat, Fire Investigation, communication classes, or any course approved by the Assistant Chief or Fire Chief be completed. 3.0 Assistant Fire Chief During their term as Assistant Fire Chief it is required that a minimum of 40 hours of approved continuing education offered by the technical /community college or the National Fire Academy in one of the following courses: human relations, fire department management, municipal budgeting /finance, writing and grammar, advanced fire behavior, hazardous materials, construction /plan review, or any course approved by the Fire Chief be completed. 4.0 Fire Chief During their term as Fire Chief it is required that a minimum of 40 hours of approved continuing education offered by the ® technical /community college or the National Fire Academy in one of the following courses: human relations, fire department management, municipal budgeting /finance, writing and grammar, advanced fire behavior, hazardous materials, construction /plan review, or any course approved be completed every four years. Section VI Eliqibilitv and Qualifications The Selection Committee will verify the officer candidate's eligibility and qualifications. The Selection Committee will also provide minimum qualifications for nonline officer positions. Section VII Variances Variances may be granted by the Selection Committee upon application and finding that extraordinary circumstances prevailed which prevents an otherwise highly qualified candidate from qualifying. Section VIII Process The selection process will consist of a separate peer evaluation form for each officer rank. Section IX Peer Evaluation The peer evaluation form will consist of a series of knowledge and • ability statements in which the evaluator will rank the candidate from a value of one (1) to ten (10), one indicating the lowest profile and ten the Rules and Regulations Page 17 February, 2002 • highest. The evaluator, while ranking the candidates, will rank according to the entire regular membership of the department. Section X Results Results of the peer evaluation for Assistant Chief, District Chief and Fire Captain will be posted at both fire stations 24 hours after being forwarded to the Fire Chief. Individual evaluation results will be made available to a requesting candidate. Section XI Appointments Appointments by the Fire Chief will be posted at both fire stations 24 hours after approval by the City Manager, when required. ARTICLE V - LEAVE OF ABSENCE /RESIGNATION DISCIPLINARY ACTION /DISMISSAL Section I Leave of Absence 1.0 Any regular member in good standing who requests a leave of absence in writing from the Chief, when granted, will become a social member. 2.0 A social member will be welcome to attend any department social event. 3.0 Leave of absence will not be granted for more than 90 days during which time the membership must be held open. The 90- day leave may be extended in 30 -day increments not to exceed three (3) extensions by the Chief. 4.0 Each member will be allowed 36 days of excused leave time per year. A member will record their use of this excused leave time in the Station 1 "Signout Book." Section II Seniority /Promotions 1.0 No seniority will be accumulated during the leave of absence, but the regular member will maintain the same seniority upon reinstatement as the member had at the time of resignation or leave of absence. 2.0 A member will not be eligible for promotion for six (6) months • after returning from leave of absence or medical leave. Rules and Regulations Page 18 February, 2002 Action Training Systems Successful Fire Service Grant Narratives Page 9 of 13 Please describe in full the project that NIou are requesting to be funded. • The Fine Township Volunteer Fire Department will provide training to meet the specific training requirements to prepare for NFPA 1001 and 1002 training for 30 firefighters in the department. We will provide 48 weekly training sessions for 30 firefighters daring the year of the funding. Our goal is to have 100 'ro of our volunteer firefighters certified to Indiana State Training Institute Standard and the NFPA 1001 -1002 during the }Fear offunding, Please provide a detailed description ol' your planned uses of the ;rant fends for each major category as listed on the budget form (SF20 -20). Training 1 .Action Training Systems Package 514951.00 ( Detailed description and price quote attached) 5 Dell Dimension 8100 Computer Interactive Workstations 510245.00 ( Detailed description and price quote attached) 5 Hewlett Packard 952c Ink ,let Printers (�i' S 199 each $995.00 ( Detailed • description and price quote attached) 1 LP 350 Portable PI,P Projector 54139.00 ( Detailed description and price quote attached) Total S29335.00 Please explain rv this program would be beneficial to your community and /or your department. Pine Township is a rural community with a 1}opttlation oC365I accordiz]g to the latest census. The Township Volunteer lire Department provides fire protection to the entire 26 square miles within Pine To\i Historically. the Pine Township Volunteer Fire Department started in 1954 with 8 charter members. The department grew to the maximum of 30 «°ith a waiting list by ,April of 1998. ' Ublic rC i itio ll : t C i'Llitillt 11: p3 "i'�i' 1.'?i `.'. <tS initiat� i; t)!1 Marsh 1 4 2001 tU reverse a trend that saw the department reduced to 10 members. As a result of that positive public relations program. the Pine Township Fire Department now has 30 dcdlcated 1llc, ighte s \vIth years of accumulative fire fighting experience a ho have logged 396 man hours of • training in the last 30 days. The fund from this grant will be used enhance the training materials and equipment to meet the training demands of the volunteers http. / /www. action -ti ainino.conlinarrati\ e.htnll 3/20/02 3.0 Promotion is defined as a change from present position. • Section III Medical Leave of Absence 1.0 Any member will be given a medical leave upon the advice and recommendation of his /her doctor. This will be in writing by the doctor stating the need and reason for the medical leave. This will be given to the Chief and become part of the person's personnel file. A medical leave will not exceed 6 months and all time during this leave will count toward the person's pension time on the fire department. 2.0 Upon returning from medical leave, a member will be evaluated and approved by a Fire Department selected physician /clinic. Section IV Disciplinary Guidelines and Procedures 1.0 Any regular or probationary member who fails to meet the minimum requirements for drills, meetings, work details, truck checks, fundraisers and quarterly emergency response percentages will be subject to review by the Review Committee for possible disciplinary action. • 2.0 Any member not attaining minimum requirements for drills, meetings, work details, fundraisers, and call performance will be subject to 30 -day suspension. (Reference Articles V & VII.) 3.0 Effective February 1, 1993, the following criteria will be used for disciplinary action for any member failing to comply with minimum attendance, and duty standards as set forth in the Rules and Regulations of the Brooklyn Center Volunteer Fire Department. 4.0 There is a zero tolerance for any alcohol, drugs or controlled substance. This means that if you have used any of the above - mentioned items, you cannot respond to any calls, take duties or attend drills. This will apply equally to all members including officers. • Rules and Regulations Page 19 February, 2002 ' • Length of Infraction of Rules and Regulations Suspension • Failure to attend assigned work details. No more than 30 days • Failure to make quarterly response No more than 30 percentages days • Failure to make required drills No more than 30 days • Failure to make required meetings No more than 30 days • Failure to make fundraiser details (i.e. , No more than 30 ticket mailing) days l • Failure to show up for duty No more than 30 - -- days 1 4.0 Conduct unbecoming a member of the Fire Department or failure to follow our Rules and Regulations and City of Brooklyn Center Personnel Rules and Regulations Part Time Manual will be decided by the incident involving the firefighter. Discipline other than as stated in Articles V and VII will be according to the Personnel Rules and Regulations Part Time • Manual administered by the Fire Chief or, in his /her absence, by the Assistant Fire Chief or designee. It will be the grieved member's responsibility to notify the Chief in writing no more than 10 days after being notified that he /she is going to appeal their discipline according to the City of Brooklyn Center's Personnel Rules and Regulations Part Time Manual. 5.0 Two (2) suspensions in a 12 -month period will be grounds for dismissal. Section V Reinstatement A member who has resigned in good standing may have the right to be reinstated as a regular member in preference to any other candidate, based upon seniority. Any member that has been absent for more than 12 months, will have to demonstrate they are State - certified and proficient with all equipment. ARTICLE VI — CHANGES Changes to Article I through V of these Rules and Regulations will be by majority vote of the regular membership. • Rules and Regulations Page 20 February, 2002 ARTICLE VII - OPERATING PROCEDURES Section I Approval Operating procedures will be determined by the officers, with approval by the Chief. Section II Extenuatinq Circumstances Members must bear in mind that these operating procedures are promulgated to take care of usual emergency conditions and may be deviated from in case of unusual situations and life hazards where the application of these rules would prove impractical. Section III Revisions Revisions to operating procedures will be promptly posted at both stations and copies distributed to all members after entered into department software. Section IV General All members of the department, irrespective of the departmental divisions to which they are attached, or the duties which they perform, will be subject to the following rules and regulations with the intent to • adhere to any and all local, state and federal requirements. 1.0 For the purpose of efficient service and discipline, members will be subject to the orders of the Brooklyn Center Fire Department officers. 2.0 Every member will notify the Chief of the department of his /her inability to report for duty due to sickness or injury. 3.0 A member will record any absences from the city in the Station 1 "Signout Book." Each member will be allowed 36 days of excused leave time per year. 4.0 No member will report for drills, duties, details or emergencies under the influence of a controlled substance or intoxicating liquor. In the event that probable cause exists, the member will submit to an intoxilyzer and /or blood test. NOTE: CITY POLICY. 5.0 Every member will immediately report to an officer any accident or injury to him /herself, no matter how trivial, sustained while on duty or at an emergency scene. The officer will fill out a First • Report of Injury Form that will be forwarded to the Chief of the department on the next working day. Rules and Regulations Page 21 February, 2002 • 6.0 Every member will be held responsible for the safekeeping and proper care of all department property under his /her control. 7.0 Members will not divulge information relative to administration of the department. Requests for information concerning the cause, damage, etc., of a fire will be referred to the Chief of the department or, in his /her absence, the next senior officer. 8.0 Visitors to the station will be courteously received and escorted through the quarters, if they so request, and routine procedures, alarm system and practice explained. 9.0 All members of the department must abide by all traffic laws when responding to the station to any alarm or other emergency. 10.0 Every member will, within seven (7) days, report to the department secretary any change in address or telephone number. 11.0 Every member, upon resignation or being dismissed from the department, will promptly surrender all fire department property • in his /her possession to the Chief of the department. All fire department identifications on personal vehicles will be removed. 12.0 No fire department apparatus or fire department equipment or department property of any kind will be taken from the station for personal use. 13.0 No one except members of the department will be allowed to ride on the apparatus at any time without permission of the Chief of the department. 14.0 In the event of an accident involving a fire apparatus, the apparatus will remain at the accident scene. Notify the police and ranking fire officer. Summon the necessary aid and also secure names, addresses of any witnesses and other pertinent information. All accidents will be reported to the Chief of the department or other officer in charge in writing upon the return to the fire station. All accidents will be investigated by the officers of the fire department. 15.0 No member will drive any piece of apparatus to a fire or other emergency unless the member is proficient in the operation of all aspects of that apparatus. Rules and Regulations Page 22 February, 2002 • 16.0 It is the riders responsibility to assist and to direct the driver while backing up the apparatus. 17.0 No member should respond to an emergency in their private vehicle, unless in direct route when responding to the fire station and property identified. 18.0 Only private passenger vehicles owned by a member or immediate family members will be allowed in the stations — minor repairs are permissible. A fire department member must be present in the immediate work area. It is required that the repair area and tools must be clean after usage. 19.0 Cars, pickups and other personal recreational items will not be left for more than 24 hours in the stations; keys for vehicle will remain in the ignition. 20.0 No spray painting will be allowed in the fire stations. 21.0 Duty crew will have priority for use of the stalls at Station 1. 22.0 All fire trucks and other emergency vehicles will be refueled (at • 3 /4) after every call as needed. 23.0 Use of stations by outside groups will allowed only with permission of Fire Chief. 24.0 The "Q" siren on all equipment equipped with it will be the primary alerting device used during emergency runs, along with electronic siren. 25.0 Turnout gear will be taken to station drills and all department functions. 26.0 Every member will participate in all required fire department training and examinations (i.e. First Responder recertification, SCBA training and fitting, etc.). Any member not completing said required training or exams will forfeit any and all salaries and duties and will be subject to discipline until completion of same. 27.0 In the event of a "call" while training reserve or probationary personnel, the apparatus will immediately return to the closest station unless otherwise directed by a chief officer. • Rules and Regulations Page 23 February, 2002 • Section V Duty Rules 1.0 It will be the responsibility of the regular members to be present at their assigned station duties or have another regular member represent them. 2.0 Dates and times of assigned duties are printed by the department secretary and are available to each regular member. 3.0 Responsibilities of duty personnel are as follows: a. Take proper action in all emergencies. b. Perform nightly truck checks including all assignments at bottom of form. c. Wear duty uniforms while on duty or proper turnout gear when responding to emergencies. d. Perform other duties as ordered by a chief officer. e. Duties will be pulled at Station 1 unless cleared with chief officer. f. Duty crew will not leave station except for fuel or fire department functions without permission of chief officer. g. Sunday through Thursday night duties will be from 8:00 p.m. until a minimum of 5:30 a.m. the next morning. . h. As a courtesy, each member is reminded of their duty by telephone from the people on duty. 4.0 A member's guest will not be in attendance at the station while the member is on duty unless prior permission has been obtained the other member on duty. Section VI Uniforms 1.0 The duty uniform will consist of the department issued shirt and pants. In addition, member furnished black shoes, socks or boots will be worn. The duty uniform will be kept neat and clean. 2.0 The fire department blue t -shirt or sweatshirt may be worn in lieu of the uniform shirt on duty or responding to a fire call. These shirts must be in good condition (i.e. not in faded condition or have any holes, tears, etc.). 3.0 It is mandatory the yellow rescue jacket be worn when responding to the scene of a medical emergency when not in uniform. • Rules and Regulations Page 24 February, 2002 • 4.0 The dress uniform will be worn for special details. This uniform will consist of the department issued dress shirt, pant, tie, belt, badges and hat. Section VII Safety Requlations (pages 6 -8 SOP's) 1.0 Equipment will respond in the sequence required for various types of alarms (attached) unless otherwise directed by an officer. 2.0 Radio procedures (attached) will be followed. 3.0 Seating assignments (attached) will be followed. 4.0 Two (2) districts are designated. Shingle Creek is the dividing line. 5.0 The District Chief will normally be the Fire Ground Commander (FGC) in his /her district. 6.0 Mutual aid will be requested by the FGC. Mutual aid fireground procedures will be adhered to (attached). (Appendix C) • 7.0 Crews will stay with their apparatus until assigned. 8.0 Interior attack line will be manned by a minimum of a two (2) person attack crew. A backup line will be put in service as soon as possible with a two person crew in SCBA (self contained breathing apparatus) outside for backup. 8.5 Accountability system will be used. 9.0 All apparatus will use wheel chocks when parked on a grade. 10.0 Fire reports are the responsibility of the fireground commander. Respective District Chiefs or Station Captains will review and sign all fire reports before they are put in the report box. 11.0 Fireground will remain secured until FGC returns control to owner. 12.0 Mutual aid units will be staged until assigned by FGC. 13.0 First unit on scene will give an initial report on radio, i.e. "Smoke • showing, laying line," etc. Rules and Regulations Page 25 February, 2002 • 14.0 Orders relative to the need, placement or cancellation of equipment or firefighters at the scene of an emergency will be transmitted only by the fireground commander or his /her designee. 15.0 Fireground commander will provide periodic progress reports and announce "fire under control" at any structure fire. 16.0 When an officer issues an order, being fully aware that such order is in conflict with a previous order, the officer will be held accountable for any harmful results that may ensue from the interference with the execution of the previous order. 17.0 No member will leave a scene or the station during an alarm unless receiving permission of the officer or senior firefighter in charge. 18.0 In the event of any suspicion of incediarism at a fire, the fireground commander will immediately summon the fire chief or his /her representative. Under no circumstances will the premises be left unguarded until the arrival of the fire chief or his /her staff. • 19.0 No person other than duly authorized persons will be permitted to enter a building in which fire has occurred and where the department is still in charge without permission of the fireground commander. If permission is granted, the fireground commander will direct a member to accompany the person who so desires admittance and such member will remain with that person until he /she leaves the building. 20.0 Any reported loss of personal property at a fire will be immediately brought to the attention of the fireground commander. He /she will initiate an attempt to recover the missing property and if the property is not located, he /she will forward a report of estimated value and description to the fire chief. Should any discrepancy be claimed in articles of value returned to the owner, the fireground commander will investigate the circumstances and report his /her findings to the chief of the department. Rules and Regulations Page 26 February, 2002 • City Council Agenda Item No. 11f • MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: April 3, 2002 SUBJECT: Amendment Number 1 to Loan Agreement In May 1999, the City entered into a loan agreement with Boca Limited Partnership to finance the acquisition and rehabilitation of the Shingle Creek Towers Apartments. The sale of the complex was never completed and Boca parked the bonds until they could be used for the intended use. Amcon has since acquired Boca for purposes of purchasing the Shingle Creek Towers and rehabbing them. Unfortunately, the bonds need to be closed by May 1, 2002 under the terms of the loan. HUD /FHA has not completed their review /processing of the bond transfer and will not before the cut off date. The resolution before the Council extends the time frame to close on the loan from this coming May to May 1, 2003. It should be noted that Amcon believes they will be able to close before the end of June and commence work. • The Council should take note of Sections 4, 5, and 6. These Sections require the owners to obtain criminal background checks, maintain a video monitoring systems at entryways and comply with state and local laws. This is a technical change to the agreement. The Council will still have to approve the final bond documents and hold a public hearing. At this time, I believe the earliest it could be held would be May 13, 2002. Representatives of Amcon should be available if the Council has questions. • I Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION OF THE CITY OF BROOKLYN CENTER, MINNESOTA APPROVING SUPPLEMENT NUMBER ONE TO INDENTURE OF TRUST AND AUTHORIZING ITS EXECUTION AND DELIVERY AND THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS WITH RESPECT TO ITS MULTIFAMILY HOUSING REVENUE BONDS (SHINGLE CREEK TOWER PROJECT) SERIES 1999, ISSUED IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $7,200,000 WHEREAS, the City of Brooklyn Center, Minnesota (the "Issuer ") is a home rule charter city duly organized and existing under its charter and the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the "Act "), the Issuer is authorized to carry out the public purposes described therein and contemplated thereby in the financing of housing within its boundaries, by issuing revenue bonds to defray, in whole or in part, the development costs of a rental housing development, and by entering into any agreements made in connection therewith • and by pledging any such agreements as security for the payment of the principal of and interest on any such revenue bonds; and WHEREAS, pursuant to the Act, the Issuer has issued its Multifamily Housing Revenue Bonds (Shingle Creek Tower Project) Series 1999, in the original aggregate principal amount of $7,200,000 (the "Bonds "), for the purpose of financing the acquisition and rehabilitation of a one hundred twenty -two (122) unit qualified residential rental project known as the Shingle Creek Tower (the "Project ") by Boca Limited Partnership, a Minnesota limited partnership (the "Company "), as purchaser of the Project, which Bonds are payable solely from the amounts pledged therefor under the Indenture of Trust, dated as of May 1, 1999 (the "Indenture "), between the Issuer and Wells Fargo Bank Minnesota, National Association, as successor to Norwest Bank Minnesota, National Association (the "Trustee "); and WHEREAS, due to unforeseen events, the Company has not yet acquired the Project, and the proceeds of the Bonds continue to be invested pending their application to acquisition and rehabilitation of the Project, but are scheduled to be used to redeem and retire the Bonds on May 1, 2002; and WHEREAS, the Company has advised the Issuer that it will proceed with the acquisition and rehabilitation of the Project and requests the extension of the availability of the Bonds for such purpose as contemplated hereby; and • RESOLUTION NO. • WHEREAS, neither the Issuer nor the State of Minnesota nor any political subdivision thereof (other than the Issuer and then only to the extent of the trust estate pledged in the Indenture) are liable on the Bonds, and the Bonds shall not be a debt of the Issuer or the State of Minnesota or any political subdivision thereof (other than the Issuer and then only to the extent of the trust estate pledged in the Indenture), and in any event shall not give rise to a charge against the credit or taxing power of the Issuer, Hennepin County, the State of Minnesota, or any political subdivision thereof, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA THAT: Section 1. In order to facilitate the tax - exempt financing of the Project, the Company has requested that the Issuer approve Supplement Number One to Indenture of Trust, dated April 1, 2002, (the "Supplement "), between the Issuer and the Trustee, substantially in the form now on file with the Issuer. Section 2. The City Council of the Issuer finds, determines, and declares that the Supplement will further the purposes of the Project and is in the interests of the Issuer. The Issuer hereby authorizes and directs the Mayor of the Issuer (the "Mayor ") and the City Manager of the Issuer (the "City Manager ") to execute the Supplement, and to deliver the Supplement to the Trustee, the Company, and the Owner for their respective signatures. • All of the provisions of the Supplement, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Supplement shall be substantially in the form on file with the Issuer on the date hereof, and is hereby approved, with such changes as shall be approved by the Mayor pursuant to this section, and with such necessary and appropriate variations, omissions, and insertions as are not materially inconsistent with such form and as the Mayor, in her discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 3. The Mayor and the City Manager are hereby authorized and directed to execute Amendment Number One to Loan Agreement, dated as of April 1, 2002 (the "Amendment "), between the Issuer and the Company, substantially in the form now on file with the Issuer. When executed and delivered as authorized herein, the Amendment shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Amendment shall be substantially in the form on file with the Issuer on the date hereof, which is hereby approved, with such necessary variations, omissions, and insertions as are not materially inconsistent with such form and as the Mayor, in her discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. • RESOLUTION NO. • Section 4. The Mayor and the City Manager are hereby designated as the representatives of the Issuer with respect to the Supplement, the Amendment, and the Bonds and the transactions related thereto. As a condition to the execution and delivery of the Supplement and the Amendment by the Issuer, the Company shall pay to the Issuer any expenses paid or incurred by the Issuer with respect to the execution and delivery of the Supplement and the Amendment. Section 5. All covenants, stipulations, obligations, representations, and agreements of the Issuer contained in this resolution or contained in the Supplement, the Amendment, or other documents referred to above shall be deemed to be the covenants, stipulations, obligations, representations, and agreements of the Issuer to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, representations, and agreements shall be binding upon the Issuer. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed, upon the Issuer by the provisions of this resolution or of the Supplement, the Amendment, or other documents referred to above shall be exercised or performed by the Issuer, or by such officers, board, body, or agency as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, representation, or agreement herein contained or contained in the Supplement, the Amendment, or other documents referred to above shall be deemed to be a covenant, stipulation, obligation, representation, or agreement of any officer, agent, or employee of the Issuer in that person's individual capacity, and neither the members of the City Council of the Issuer nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any • personal liability or accountability by reason of the issuance thereof. Section 6. Except as herein otherwise expressly provided, nothing in this resolution or in the Supplement or the Amendment, expressed or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the Issuer, and the Trustee, as fiduciary for owners of the Bonds, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Supplement or the Amendment; this resolution, the Supplement, the Amendment, and all of their provisions being intended to be and being for the sole and exclusive benefit of the Issuer and the Trustee as fiduciary for owners of the Bonds and the Company to the extent expressly provided in the Indenture. Section 7. In case any one or more of the provisions of this resolution or of the Supplement, the Amendment, or the Bonds shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution or of the Supplement, the Amendment, or the Bonds, but this resolution, the Supplement, the Amendment, and the Bonds shall be construed as if such illegal or invalid provision had not been contained therein. The terms and conditions set forth in the Supplement, the pledge of revenues derived from the Project referred to in the Indenture, the Supplement, and the Amendment, the pledge of collateral derived from the Project referred to in the Indenture, the Supplement, and the Amendment, and the creation of the funds provided for in the Indenture are all commitments, obligations, and agreements on the part of the Issuer contained in the Indenture, the Supplement, and the Amendment, and the invalidity of the Indenture, the Supplement, or the Amendment shall not affect the commitments, obligations, and • agreements on the part of the Issuer, it being the intention hereof that such commitments on the part of the Issuer are as binding as if contained in this resolution separate and apart from the Indenture, the Supplement, and the Amendment. RESOLUTION NO. • Section 8. All acts, conditions, and things required by the laws of the State of Minnesota, relating to the adoption of this resolution and to the execution of the Supplement, the Amendment, and the other documents referred to above to happen, exist, and be performed precedent to and in the enactment of this resolution, and precedent to the execution of the Supplement, the Amendment, and the other documents referred to above have happened, exist, and have been performed as so required by law. Section 9. The members of the City Council of the Issuer, officers of the Issuer, and attorneys and other agents or employees of the Issuer are hereby authorized to do all acts and things required by them by or in connection with this resolution and the Supplement, the Amendment, and the other documents referred to above for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Bonds, the Indenture, the Supplement, the Amendment, and the other documents referred to above, and this resolution. Section 10. The Mayor and the City Manager of the Issuer are authorized and directed to execute and deliver any and all certificates, agreements or other documents which are required or deemed necessary by bond counsel to evidence the validity or enforceability of the Bonds, the Indenture, the Supplement, the Amendment, or the other documents referred to in this resolution, or to evidence compliance with Section 142(d) of the Internal Revenue Code of 1986, as amended; and all such agreements or representations when made shall be deemed to be agreements or representations, as the case may be, of the Issuer. • Section 11. If for any reason the Mayor of the Issuer is unable to execute and deliver those documents referred to in this resolution, any other member of the City Council of the Issuer may execute and deliver such documents with the same force and effect as if such documents were executed by the Mayor. If for any reason the City Manager of the Issuer is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed and delivered by any member of the City Council or the Assistant City Manager with the same force and effect as if such documents were executed and delivered by the City Manager. Section 12. This resolution shall be in full force and effect from and after its passage. 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. • AMENDMENT NUMBER ONE TO LOAN AGREEMENT BETWEEN CITY OF BROOKLYN CENTER, MINNESOTA AND • BOCA LIMITED PARTNERSHIP RELATING TO $7,200,000 CITY OF BROOKLYN CENTER, MINNESOTA MULTIFAMILY HOUSING REVENUE BONDS (SHINGLE CREEK TOWER PROJECT) SERIES 1999 Dated: April 1, 2002 This instrument was drafted by: Faegre & Benson LLP 2200 Wells Fargo Center • 90 South 7th Street Minneapolis, Minnesota 55402 LOAN AGREEMENT • This Amendment Number One to Loan Agreement is made and entered into as of April 1, 2002, by and between the City of Brooklyn Center, Minnesota, a home rule city and political subdivision of the State of Minnesota (the "Issuer "), and Boca Limited Partnership, a Minnesota limited partnership (the "Company "). The Issuer and the Company, each in consideration of the representations, covenants and agreements of the other as set forth herein, mutually represent, covenant and agree as follows: Section 1. The term "Final Conversion Date," defined in EXHIBIT B of the Loan Agreement, is amended by substituting "May 1, 2002" with "May 1, 2003." Section 2. On May 1, 2002, the Company shall transfer $ to the Trustee for deposit in the Negative Arbitrage Account of the Project Fund. Section 3. The Conversion Date shall not occur between May 1, 2002 and June 30, 2002. Section 4. The Company agrees that it will obtain a criminal background and credit check for all prospective tenants of the Project from and after its acquisition of the Project. Section 5. The Company agrees to maintain video monitoring of all Project entryways, commencing within a reasonable period of time after its acquisition of the Project. Section 6. The Company agrees to comply with all state and local laws and regulations applicable to the Project. Section 7. The Company agrees that it will pay to the Issuer an administrative fee equal to 1/8 of one percent of the aggregate principal amount of the Bonds, payable on the Conversion Date or date of issuance of refunding bonds for the purpose of refunding the Bonds. M1:857380.03 O • 1 Signature page of the Issuer to Amendment Number One to Loan Agreement. • CITY OF BROOKLYN CENTER, MINNESOTA By Its Mayor By Its City Manager • • S -1 Signature page of the Company to Amendment Number One to Loan Agreement. • BOCA LIMITED PARTNERSHIP By Amcon Housing Associates, LLC Its: General Partner By Its Chief Manager • • S -2 The Trustee hereby consents to this Amendment Number One to Loan Agreement, dated as of • April 1, 2002. WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION By Its • • S -3 i The Owner hereby consents to this Amendment Number One to Loan Agreement, dated as of • April 1, 2002. MONEY MARKET OBLIGATIONS TRUST, a Massachusetts business trust, on behalf of Minnesota Municipal Cash Trust and Municipal Obligations Fund By FEDERATED INVESTMENT MANAGEMENT COMPANY, a Delaware business trust, as Attorney -in -Fact By Its Senior Vice President • S -4 • CITY OF BROOKLYN CENTER, MINNESOTA ISSUER WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION TRUSTEE SUPPLEMENT NUMBER ONE TO INDENTURE OF TRUST • Dated as of April 1, 2002 $7,200,000 CITY OF BROOKLYN CENTER, MINNESOTA MULTIFAMILY HOUSING REVENUE BONDS (SHINGLE CREEK TOWER PROJECT) SERIES 1999 This instrument was drafted by: Faegre & Benson LLP 2200 Wells Fargo Center 90 South 7th Street Minneapolis, Minnesota 55402 • SUPPLEMENT NUMBER ONE TO INDENTURE OF TRUST • This Supplement Number One to Indenture of Trust, dated as of April 1, 2002 (the "Supplement "), is made and entered into between the City of Brooklyn Center, Minnesota, a home rule city and political subdivision of the State of Minnesota (the "Issuer "), and Wells Fargo Bank Minnesota, National Association, a national banking association, authorized to accept and execute trusts of the character herein set out, with its principal office in Minneapolis, Minnesota (the "Trustee "). RECITALS 1. The Issuer is authorized by Minnesota Statutes, Chapter 462C, as amended (the "Act "), to issue rental housing revenue bonds to finance or refinance in whole or in part the cost of a "Project" (as hereinafter defined) for the public purposes expressed in the Act. 2. The Issuer issued its Multifamily Housing Revenue Bonds (Shingle Creek Tower Y g ( g Project), 1999 the "Bonds"), �e � ), ( i the original a re ate principal amount of $7,200,000, gg g ursuant to P the terms of the Act, Resolution No. 99 -58, adopted by the City Council of the Issuer on April 12, 1999 (the "Resolution "), and the Indenture of Trust, dated as of May 1, 1999 (the "Indenture "), between the Issuer and the Trustee. 3. The Issuer loaned the proceeds derived from the sale of the Bonds to Boca Limited Partnership, a Minnesota limited partnership (the "Company "), in accordance with the terms of a Loan Agreement, dated as of May 1, 1999 (the "Loan Agreement "), between the Issuer and the Company, in • order to finance a portion of the costs of the acquisition and rehabilitation of an existing residential rental project (the "Project "), which will be of the character and accomplish the purposes provided by the Act. 4. The Company has requested that the Issuer approve certain amendments to the Indenture and the Loan Agreement, and the Issuer has detennined that the proposed amendments to the Indenture and the Loan Agreement are in the interests of the Issuer and will further the purposes of the Project. 5. All things necessary to make this Supplement the valid, binding and legal limited obligation of the Issuer according to the import thereof, and to constitute this Supplement a valid contract for the security of the Bonds, have been done and performed; and the creation, execution and delivery of this Supplement have in all respects been duly authorized; NOW THEREFORE, THE ISSUER AND THE TRUSTEE AGREE TO THE FOLLOWING: Section 1. The tern "Final Conversion Date," defined in Section 1.01 of the Indenture, is amended by substituting "May 1, 2003" for "May 1, 2002 ". Section 2. The term "Investment Agreement," defined in Section 1.01 of the Indenture, is amended by adding the following languange at the end of the definition thereof: ", and from and after May 1, 2002, the , dated May 1, 2002, between the Trustee and Section 3. Section 2.13 (i) and Section 3.01(a)(vi)(A) of the Indenture are amended by substituting "May 1, 2003" for "May 1, 2002" where it appears therein. 1 Section 4. Section 2.03 of the Indenture is amended to read as follows: • Section 2.03. Variable Rate. Commencing s of May 1 2002 and prior to the g Y , p Conversion Date, the Bonds shall bear interest at the Variable Rate, which shall be a rate equal to percent ( %) of the Prime Rate. The interest rate on the Bonds shall change effective as of the effective date of any change in the Prime Rate. Section 5. The form of the Bond is deemed amended to accurately reflect the revised terms set forth herein, and the Owner, by its consent hereto, acknowledges that the revised terms shall control, without necessity of exchanging the Bond. Section 6. Section 6.02 of the Indenture is amended to read as follows: (a) There is hereby created a Project Fund, consisting of a Bond Proceeds Account and a Negative Arbitrage Account. Until the Conversion Date, all proceeds of the Bonds shall be deposited in the Bond Proceeds Account of the Project Fund held by the Trustee and any amounts deposited by the Company pursuant to Section 2 of Amendment Number One to Loan Agreement shall be deposited in the Negative Arbitrage Account of the Project Fund held by the Trustee, and all such amounts shall be invested in the Investment Agreement. Prior to the Conversion Date, the Trustee shall transfer to the Bond Fund the interest earnings on amounts held in the Project Fund, and such other amounts on deposit in the • Negative Arbitrage Account of the Project Fund as shall be necessary for the payment of interest on the Bonds on each Variable Rate Interest Payment Date and on the Conversion Date. Not less than seven (7) days prior to the Conversion Date, the Trustee shall request a repayment of all principal invested pursuant to the Investment Agreement in accordance with its terms. (b) If (i) the Company has not delivered to the Trustee the written notice that it has exercised its option to convert the interest on the Bonds from the Variable Rate to the Fixed Rate at least 15 days prior to the Conversion Date, as it may be extended from time to time, or (ii) if the Trustee has not received sufficient Resale Proceeds together with other funds from the Company to effect purchase of all of the Bonds on the Mandatory Tender Date, which have been properly tendered (or deemed tendered) as to a Mandatory Tender Date, the funds held under the Investment Agreement shall be transferred to the Bond Fund and applied exclusively to redeem the Bonds in accordance with Section 3.01(vi) hereof. (c) On the Conversion Date, amounts on deposit in the Bond Proceeds Account of the Project Fund in the amount of $450,000 shall be transferred to the Reserve Fund, and any amounts remaining on deposit in the Negative Arbitrage Account shall be transferred to the Company. From and after the Conversion Date, or the Discharge Date, the remaining proceeds of the Bonds shall be disbursed by the Trustee to or for the account of the Company from the Project Fund in accordance with the applicable provisions of Article III of the Loan Agreement. • 2 (d) Any sums in the Project Fund in excess of any amount required to pay • all Costs of the Project shall be transferred to the Bond Fund at the time or times and in the manner provided in Article III of the Loan Agreement. (e) Any funds deposited in the Bond Proceeds Account of the Project Fund by the Company shall be disbursed before any Bond proceeds, including any earnings thereon, shall be disbursed. (f) Any interest earned on sums held in the Project Fund after the Conversion Date but prior to the Completion Date shall remain a part of the Project Fund. (g) In the event the Bonds are to be redeemed on the Conversion Date pursuant to Section 3.01(vi) hereof, the Trustee shall apply the proceeds of the Investment Agreement to the redemption of the Bonds. Section 7. The Conversion Date shall not occur between May 1, 2002 and June 30, 2002. Section 8. Section 3.01 (a) (i) of the Indenture is amended to read as follows: (i) Optional Redemption on or Prior to the C_ onversion Date. The Bonds are subject to redemption in whole on any date on or after August 1, 1999 through May 1, 2002, and on or after July 1, 2002, by the Issuer at the direction of the Company at a Redemption Price equal to the principal amount of the Bonds to be redeemed plus • accrued interest thereon to the Redemption Date. M 1:857326.02 • 3 Signature page of the Issuer to this Supplement Number One to Indenture of Trust. • CITY OF BROOKLYN CENTER, MINNESOTA By Its Mayor By Its City Manager S -1 Signature page of the Trustee to this Supplement Number One to Indenture of Trust. • WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION By Its • • S -2 The Company hereby consents to this Supplement Number One to Indenture of Trust, dated as of • April 1, 2002. BOCA LIMITED PARTNERSHIP By Amcon Housing Associates, LLC Its: General Partner By Its Chief Manager • S -3 The Owner hereby consents to this Supplement Number One to Indenture of Trust, dated as of • April 1, 2002. MONEY MARKET OBLIGATIONS TRUST, a Massachusetts business trust, on behalf of Minnesota Municipal Cash Trust and Municipal Obligations Fund By FEDERATED INVESTMENT MANAGEMENT COMPANY, a Delaware business trust, as Attorney -in -Fact By Its Senior Vice President • S -4 • City Council Agenda Item No. IIg • MEMORANDUM DATE: April 3, 2002 TO: Michael McCauley, City Manager FROM: Todd Howard, City Engineer SUBJECT: Resolution Authorizing the Execution of a Project Cooperation Agreement for the Riverbank Protection Project The U.S. Army Corps of Engineers has completed a study and environmental assessment for protecting the City's sanitary sewer located adjacent to the Mississippi River. The Commander of the Mississippi Valley Division has approved the study and the Corps of Engineers is now requesting that the City execute a Project Cooperation Agreement. City Council authorization is required to execute the agreement. Background ® In December of 1999 WSB and Associates completed the Mississippi River Sanitary Sewer and River Bank Protection Feasibility Report. The purpose of the report was to evaluate erosion along the Mississippi River that is threatening to cause failure of approximately 750 feet of a sanitary sewer main. A map showing the location of the erosion is attached. The study evaluated six alternatives for preventing failure of the pipe. The feasibility study also recommended that funding for the project be pursued through the US Army Corps of Engineers. In the spring of 2000 the City formally requested the Corps of Engineers assistance under the authority Section 14, of the Flood Control act of 1946. The Corps completed a study and environmental assessment for protection of the sanitary sewer. The study recommended placing rock fill along the 750 -foot reach of the Mississippi River. The proposed project would require temporary and permanent easement from seven property owners. Discussion The Corps of Engineers Section 14 program assists communities in protecting public infrastructure that is threatened by stream bank erosion. Under this authority the Corps performs a study and environmental assessment. Upon completion of the study, the City is requested to enter into an agreement with the Corps that identifies the responsibilities of each party for completing the project. • Under the terms of the project cooperation agreement the Corps of Engineers would select a contractor and construction administration of the project. The City would be responsible for • securing necessary easements from the seven affected property owners. Project costs would be shared between the Corps of Engineers (65 %) and the City (35 %). The project is identified in the Capital Improvement Program for 2003. The City's portions of project costs are currently estimated at approximately $160,000. The sanitary sewer fund has adequate funds to complete the project. The Riverwood Association has been updated routinely over the past year on the status of the project. A meeting will be scheduled with affected property owners within the next few weeks pending approval of the project cooperation agreement. Recommendation It is recommended that the City Council approve the attached resolution authorizing the execution of the Project Cooperation Agreement with the Army Corps of Engineers for the Riverbank Protection Project. • • a n � a "' _ a SAY � F,EI > 0 75th o AVE. L.. ST i Q U- wI a u MEADOWWO0% 74tH w WAY th DR. DR. © > I 6 MAy RIG w WAY w i 174 /z AVE. u) W 1 74 th AVE. j RICE CREi: S/ — ' G a a o w r Z 73rd 74th o: <AYE. Z 6 6th w '�^ r a CT. w o N J o a — o 3 WAY -' I f t P m n t h i WAY G---- # C 65 �Z 73 w v 67th C Q n 73rd AVE. 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T. / 1 E ¢ 100 62nd ' ` 94 HORIZON GlR• 100 a > > a ���• CROWN EtD' s m c' 61,st a AV a O 53rd W A ) , 9 > c a I L. zo a a o a ` 52nd 60 th to 52 m W c o a a z WAY o ` ■, U m V J to N 1 a = N 59 }h AV. N. w 59th I j "AVE, N. 1 ' 51st AVE. N.E. AV E. - N. / i O 1. HUGHES AVE. 58 th 58 th AV. ( 2. CLEARVIEW ST. - i i z i z z z z z z z I 3, TOPPER LA. 57 th AVE. N. ., 4. HORIZON DR. 57 ^ 57 th AV E. \ S. PANORAMA 51 i I I G. PILOT AVE. �=� '. ® Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A PROJECT COOPERATION AGREEMENT FOR THE RIVERBANK PROTECTION PROJECT WHEREAS, erosion along the Mississippi River is threatening to cause failure of a portion of sanitary sewer main; and WHEREAS, the City has requested U.S. Army Corps of Engineers assistance under Section 14 of the 1946 Flood Control Act, as amended; and WHEREAS, the U.S. Army Corps of Engineers has completed a study and environmental assessment to protect the sewer main; and WHEREAS, the City of Brooklyn Center desires to enter into a Project Cooperation Agreement for construction of the Emergency Streambank Protection Proj ect. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: • 1. The Project Cooperation Agreement is subject to the review of the City Attorney. 2. The City Manager is hereby authorized to execute the Projec, Cooperation Agreement between the Department of the Army and the City of Brooklyn Center for construction of the Emergency Streambank Protection Project. 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.