Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2001 01-08 CCP Regular Session
AGENDA CITY COUNCIL STUDY SESSION 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions 2. City Council 2001 Retreat dates 3. Smart Growth Grant Process 4. Riverwood Neighborhood sign request 4. Miscellaneous 5. Adjourn City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Lasman, Nelson and Peppe From: Michael J. McCauley, City Manager Date: January 3, 2001 Re: 2001 City Council Retreat Dates Carl Neu would be available for the following dates (he was not available on February 3rd & 17th): January 20th (Saturday) January 23rd (Tuesday) January 31 st (Wednesday) February 14th (Wednesday & Valentines's Day) i Potential for a cancellation on February 10th (Saturday) Mr. Neu would be available on August 1 lth, one of the originally identified dates. i 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Lasman, Nelson and Peppe From: Michael J. McCauley City Manager z�� Date: January 3, 2001 Re: Smart Growth Process As part of the Smart Growth Grant process, there may be focus groups, public workshops, and preparatory meetings. While some of the process will involve City staff in providing information etc., one of the preparatory steps may be a tour of the area with City staff and what the consultants describe as stakeholders. I would like some direction from the City Council on who you would like to include in that group of stakeholders for these formative stages of the process: - City Council members - representatives of Brookdale - representatives of the Chamber of Commerce - representatives of Planning Commission - other major property owners around Brookdale and the balance of the study area - persons who have called in to City Hall expressing an interest in participating? - service club representatives? - Interfaith action? - other persons /groups? i 6301 Shingle Creek Parkway • • • Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City of Brooklyn Center A great place to start. A great place to stay. TO: Mayor Kragness and Council Members Lasman, Nelson and Peppe FROM: Michael J. McCaule City Manager DATE: January 3, 2001 SUBJECT; Riverwood Neighborhood Sign Request Attached is a copy of the request to the Mayor and Council Members from the Riverwood Neighborhood Association for entrance signs. Todd Howard, City Engineer, is preparing a memorandum for Monday that will outline some practices and experiences in other communities. We feel that the City Council's response to this type of request should be in the nature of a policy. That is, if the City were to install some identification of a particular neighborhood, it i should be the same across all areas of the City. Some small identification sign that could be mounted on a street sign in response to neighborhood requests would be manageable and uniform. Many areas of the City could not support the location of any type of neighborhood marker other than a street sign mounted one. Minneapolis uses modest street sign mounted neighborhood signs. Street sign mounted signs are low maintenance, modestly priced, and present no problems of sight line obstruction. I , 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer RIVERWaaa NEIGHBORHOOD S ri A S S 0 G I A T 1 0 N Mayor Kragness and City Council Members 6301 Shingle Creek Parkway Brooklyn Center MN 55430 November 29, 2000 Re: Request for Neighborhood Identification Signs Dear Mayor and Councilmembers, At our meeting on November 14, 2000 our Board of Directors adopted a motion to request the City to construct and install one or two signs identifying our neighborhood (if two signs are approved, they should be located (1) on the earthen mound in the Northeast quadrant of the T.H. 252/66th Avenue intersection, and (2) in the Southeast quadrant of the T.H. 252 intersection. If only one sign is approved, it should be placed at the 66th Avenue intersection. It is our suggestion that such signs could be similar in nature to those used at Evergreen Park, at Palmer Lake Park, and other locations in the City. And, we suggest the text of the sign(s) be either "Welcome to Riverwood" or simply "Riverwood ". i Thank you for your consideration of this request. Sincerely, e sche, RNA President illow Lane Te1:560 -5120 Brooklyn Center Police Department December 7, 2000 I Mayor Myrna Kragness: I would like, to invite you to attend and share a message at my three D.A.R.E. graduations. I would also like to invite all Brooklyn Center City Council Members to come and congratulate these great 5th grade students on their accomplishment of completing the 17 week D.A.R.E. program. There will be two graduation ceremonies in January. The first is January 25, 2001 at 6:30 pm for students at Northport Elementary School. The second graduation will be January 30, 2001 at ,Bad.. 7:00 pm at Evergreen Park School. The last graduation will be February l; 2001 at 7:00 pm for the Earle Brown Elementary School and will be at the Brooklyn Center High School Auditorium. I CICQ I would appreciate it if you could leave me a note on whether you will be able to attend the graduations so that I can include your name in the program. Thank you. a j Clark Messenbrink D.A.R.E. Officer CM:kh 6645 Humboldt Ave, Brooklyn Center, MN 55430 -1853 Telephone (612) 569 -3333 • TDD (612) 561 -5720 • FAX (612) 561 -0717 • Crime Tips (612) 561 -6649 Emergency 9 -1 -1 4 ,, NESo, Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road B2 Roseville, MN 55113 January 5, 2001 Ms. Diane Spector Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Dear Diane: In response to the request of the Brooklyn Center City Council, Mn/DOT has reviewed the proposed closing of 50 Avenue on the west side of TH 100. The 50 Avenue access lies in- between the current entrance ramp to the highway at Brooklyn Boulevard and the proposed exit ramp from the highway at France Avenue. The exit at 50 Avenue is a low speed exit and the entrance is from a stopped condition. Whereas, the entrance at Brooklyn Boulevard and the proposed exit at France Avenue are high speed accesses. Vehicles enter and exit at approximately the same speed as those vehicles already traveling on the highway. Mn/DOT must insure that vehicles can safely enter and exit the highway without conflicts. The 50 Avenue location does not have the proper acceleration and deceleration length needed for an exit and entrance onto a freeway. It currently has zero length and there is insufficient room to add what is required. For safety reasons, Mn/DOT cannot leave a low speed exit/entrance in place between two high speed exits /entrances. The 50 Avenue access is not the only access Mn/DOT is closing as a part of the Highway 100 reconstruction project. Mn/DOT is closing all of the following right -in right -out accesses to the highway: Thotland Road, Lindsay Street, Unity Avenue, 29tH Avenue, 32 Avenue, 34 Avenue, 35 Avenue, 39 Avenue, Indiana Avenue, and 50 Avenue. If you have any additional questions, please contact me at 651 -582 -1579. Sincerely, Beth D. Neuendorf, P.E. Highway 100 Pre - Design Project Manager cc Mike McCauley, Brooklyn Center City Manager An equal opportunity employer ' 2001 General Fund Budget � Truth in Taxation Hearing t Overheads BUDGET HEARING FREQUENTLY ASKED QUESTIONS 1. How much of my total property tax bill pays for the City services? Depending upon the value of your home and the school district you live in, approximately 31 to 34 cents out of each dollar of property tax goes to the City. 2. What is the General Fund? which pro The General Fund the entity provides the services such as policy, fire, streets, parks, recreation, inspections, and administration which citizens most often think of as ' the City. 3. What is the debt service? This is payment of principal and interest on past borrowing for capital outlays of the City which are repaid using the property tax. The tax levy for debt service was $1,040,573 in 2000, but an estimated $1,046,828 is needed in 2001. 4. What are the Economic Development Authority and the Housing and Redevelopment Authority? These funds conduct housing and redevelopment projects funded by a combination of State and Federal grants and property taxes. ' 5. What is the purpose of tonight's meeting? Tonight's meeting is to give the public an opportunity to give input to the City Council ' on the budget. By State law, the City Council may not take action to adopt the budget at a meeting at which it takes public input. ' 6. When will the budget be adopted? By State law, the City Council must adopt the budget no later than December 27, 2000. The City Council has set a subsequent hearing and meeting to adopt the 2001 budget for ' December 11, 2000. 7. I disagree with the final 2000 market value for 2001 taxes shown on my Proposed Property Tax Notice. How can I get that changed? The market values have been finalized at this point and cannot be changed by the City of Brooklyn Center. Your avenues of appeal will be listed on the back of your 2001 Tax Statement. In order to change the market value, a Tax Court Petition will need to be filed by March 31, 2001. The Tax Statement will provide a telephone number for assistance ' needed to file that appeal. 8. I am on a fixed income and cannot afford the increase. What can I do? The State of Minnesota provides a property tax refund program that has two components. ' One component is targeted toward individuals on fixed or low income and is tested and based on the relationship between the amount of your property taxes and your income. The second component is targeted toward property owners whose taxes have increased- faster than an established rate. There is no income test for this tax increase refund. The qualifying levels and the amount of refunds change each year so it is impossible today to predict whether or not an individual would qualify for a refund. If you would like to order forms for next year, you may contact the Department of Revenue after January 15, 2001, at 651- 296 -4444 in order to request form M1PR. Questions on the refund program should be directed to the Minnesota Department of Revenue at 651- 296 -3781. General Fund Revenue_ _s 2000 2001 Change i ncrease Taxes $7 5 742 9 888 $8,048 $305 3.95% Est. Uncollectable ($258 ($210,057) $48 - 18.66% Miscellaneous Taxes $650 $72000 $7000 10.77% Licenses & Permits $512 $551 $39,115 7.64% Intergovernmental Rev. $4 $4,149 $81,481 2.00% Charge for Service $23 $30,000 $6 27.12% Public Safety Charges $31 $37 $6 19.35% Recreation $381,750 $330,045 ($51 - 13.54% Community Center Fees $343,400 $22500 ($118,400) - 34.48% Court Fines $20000 $18500 ($15 - 7.50'/0 Misc. Revenue $12 $12 $0 0.00% Interest $324 $360 $36 11.11% TOTAL $14,030,030 $14 $407 2.91% General Fund Revenues Real Estate Taxes 53.5% pop— r1 I�yn9 $ti�� II y�il I Il �I� ! II U III IIII�111 I17� It #s <P�lil Pik I, �' Iul� � � � III ►�I � iV � ��d Interest �I 1 IIlI� o 1, 2.5 ° �I 1416 II .I �, /° I Public Safety Charges< 0.3% €_ Court Fines °Mnt 2.8% Misc. Taxes 9T M w 4.9 %y Rec. & Comm. Center Fees Misc. Revenue 0.1% s Charge 0 o r fo Serve e ,,,,» , r Licenses & Permits x< State Aids 28.3% � General Fund Levies 1996 - 2001 Millions ' 0 2 4 6 8 1996 i ' 1997 1 1998 1 1999 1 � 2000 1 � 2001 � I ■Gen. Fund ( &debt) ■Police &Fire Bonds Average House Tax Distribution Other 8.0% �a City 29.0% School 28.0% Police & Fire Bonds 4.0% County 31. F 1 , C 0 M n U - �> Tax Capacity 2001 State Rates 2000 State hates 1st $76,000 1.00% 1 st $76.000 1.00% > $76,000 1.65% >S76.000 1.65'% j Average Market Value $105,600 $76,000 1.00% $760 $29,600 1.65%1 $488 Tax Capacity $1,248 City Tax Rate = City Levy /Total Tax Capacity of all Property Taxes = Rate X Capacity Taxes $105,600 home in 2000 & 2001 Year Cit Taxes ' 2001 $449.37 2000 $440.90 $8.48 Impact of Increased Value: ' Taxes on 4veraze home 2000 to 2001 City Taxes 2001 $449.37 2000 $350.57 Difference $98.80 Taxes based on Market Value rather than tax capacity Rate Tax Market Value $105 0.06187% $65.33 Example: Value $105,600 General Tax $449.37 Police & Fire Bond $65.33 $514.71 Tax Capacities 12 10 _ 1 8 ® 1996 1997 0 6 1998 [] 1999 2000 2001 4 — 2 0 ' Apartment Commercial Industrial Residential Farm Market Values 900 800 _. ;0 600 - — I ' ®1996 500 — 1997 2 1998 0 1999 5 400 — 2000 2001 300 �- 200 100 — 0 Apartment Commercial Industrial Residential Farm S Market Value 1996-2001 1400 _- i I ' 1300 - 1200 - ' Market Value 1100 - ' 1000 - ■ 900 — ■ 1996 1997 1998 1999 2000 2001 Tax Capacity ' 1996-2001 23500 I ' 23000 - ' = 22500 C 22000 - ' 21500 - Tax Capacity ' 21000 - 20500 - ' 20000 19500 1996 1997 1998 1999 2000 2001 r� r� r r rr r rr rr r rr rr rr ■r rr r r r rr rr 1996 1997 1998 1999 2000 2001 Change from 961 Change from 96 Market Value $975,344,000 $987,591,800 $1,010,170,000 $1,085,605,600 $1,167,326,850 $1,312,561,700 $337,217,700 34.57% Tax Capacity $22,658,290 $22,325,490 $20,377,420 $19,967,451 $20,979,285 $23,095,629 $437,339 1.93% I rr rs rr rr r rr r� ■r r ■r rr rr r ri � rs r �r rr Tax Capacity 2001 Commercial A Apartment m o k 9.8% Industrial V 11.9% Residential 38.7% Tax Capacity 1996 Con.,nercial 50.2% Apartment 1 11.4% i I 1 z Residential Industrial J /' 29 0% 9.4% ri rr r� �r rr rr r rr rr rr r rr rr r rr rr �r rr rr Tax Capacity 2001 2000 Tax Capacity Commercial Commercial 39.7% 41.6% Apartment Apartment 9.8% 9.8% Industrial 119% — Industrial 10.8% Residential Residential 38.7% 37.7% 1999 Tax Capacity 1998 Tax Capacity Commercial Commercial 42.4% \ 44.2% Apz:tment Apartment 10.8% Industrial 10.9 °k i,', ...,,.,., ,.. Industrial 10.5% Residential Residential 36.6 h 34.4% Tax Capacity 1997 Tax Capacity 1996 Commercial 4T0% Commeil 50.2% Apartment Ap artment 11.2% 11 4% 7- Industrial 10.5 % Residential In Residential 31.2% 29.0% . 1997 THRU 2001 GROWTH IN MEDIAN ' RESIDENTIAL ASSESSED VALUE AND TAX CAPACITY AVERAGE SINGLE FAMILY VALUE AND TAX CAPACITY TAX YEARS 1997 to 2001 ' Median Value Percentag Change a Tax Capacity Change Percentage Single Family Residential $77,700 $834.00 Payable 1997 Single Family Residential $80,000 2.96% $842.50 1.02% Payable 1998 Single Family Residential $84,000 5.00% $903.00 7.18% Payable 1999 Single Family Residential $90,100 7.26% $992.65 9.93% ' Payable 2000 ' Single Family Residential $105,600 17.20% $1,248.40 25.76% Payable 2001 G: 1DeptsWSSESS \SPREDSHTXSTEVEBITAXRATES�2001tntxls ]value vs capacity ' 11/30/2000 1999 vs 2000 VALUATION CHANGES FOR BROOKLYN CENTER RESIDENTIAL PROPERTIES Payable 2000 TO 2001 ' PERCENTAGE OF NUMBER OF PERCENTAGE OF CHANGE PARCELS RESIDENTIAL PARCELS -34 % TO -20 % 2 0.03% ' -19 % TO -10 % 2 0.03% ' -9 % TO -1% 8 0.1% NO CHANGE 63 0.9% +1% TO +5% 203 2.8% +6% TO +10% 716 9.9% +11 % TO +20% 5,348 73.9% + o T + 0 831 11.5% 21 /o O 30 /o +31 % TO +40% 57 0.8% +41 % TO +50% 6 0.1% TOTAL 7,236 100.0% ' Parcels with increasing values - 7,161 99.0% 1 Parcels with an increase of more than 10% - 6,242 86.3% Parcels with an Increase of more ' than 20% - 894 12.4% Parcels with declinin g values - 12 0.2% Note: Approximately 89% of all residential properties in Brooklyn Center will ' have a taxable market value that is less than the assessed market value for the 2000 payable 2001 assessment. ..... 11/30 /2000 RESIDENTIAL SALE INFORMATION FROM REALTORS MLS SYSTEM ' YEAR NUMBER OF AVERAGE % CHANGE MEDIAN SALE % CHANGE SALES SALE PRICE PRICE 1994 .345 $78,878 $78,572 1995 288 $82,583 4.70% $81,900 4.24% 1996 310 $85,153 3.11% $85,000 3.79% 1997 313 $88,620 4.07% $88,900 4.59% 1998 322 $98,074 10.67% $96,950 9.06% 1999 323 $115,439 17.71% $120,500 24.29% 2000* 118 $128,456 11.28% $143,948 19.46% * First six months sales data only, sale information includes river and lake sales. Average January 1998 assessed value of single family homes ' in Brooklyn Center was $84,000. ' Average January 1999 assessed value of single family homes in Brooklyn Center was $90,100. ' Average January 2000 assessed value of single family homes ' in Brooklyn Center was $105,600 ' G:IDe ts44SSESSISPREDSHnSTEVEBITAXRATES 2001 tntxls MLS SALE INFO P u 1 11/30/2000 Tax Capacity Rates Res: 1 st Raie Res. Top Rate Commercial /Ind Apartment 1996 1.00% 2.00% 4.60% 3.40% 1997 1.00% 2.00% 4.60% 3.40% 1998 1.00% 1.85% 4.00% 2.90% 1999 1.00% 1.70% 3.50% 2.50% 2000+ 2001 1.00% 1.65% 3.40% 2.40% THE CITY OF BROOKLYN CENTER MN. COMPARISON OF THE PROPERTY TAX BASE BY PROPERTY TYPE 1996 TO 2001 TAX CAPACITY Percentage of Percentage of Percentage of Percentage of Percentage of Percentage of PROPERTY Tax Base for Tax Base for Tax Base for Tax Base for Tax Base for Tax Base for TYPE 1996 Taxes 1997 Taxes 1998 Taxes 1999 Taxes 2000 Taxes 2001 Taxes PROPERTY TYPE APARTMENT 11.48% 11.28% 10.82% 10.08% 9.81% 9.75% APARTMENT COMMERCIAL 50.18% 47.00% 44.06% 42.43% 41.64% 39.68% COMMERCIAL INDUSTRIAL 9.38% 10.49% 10.61% 10.93% 10.79% 11.87% INDUSTRIAL RESIDENTIAL 28.95% 31.21% 34.49% 36.55% 37.74% 38.68% RESIDENTIAL FARM 0.02% 0.02 0.02% 0.02% 0.02% 0.02% FARM TOTALS 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% TOTALS Payable 2001 tax base is based on assessment totals as of October 5, 2000 and state tax rates prior to any changes by the 2000 legislature. G, Dept s, ASSESSISPREDSHMTEVEB %TAXRATES42goltnt.)da)tax base pm ntages M M I M M M M M M M M M M M M m m ■i m s COMPARISON OF THE BROOKLYN CENTER PROPERTY TAX BASE BY PROPERTY TYPE 1996 TO 2001 TAX YEARS VALUATION TOTAL PAY PERCENTAGE TOTAL PAY PERCENTAGE TOTAL PAY PERCENTAGE TOTAL PAY PERCENTAGE TOTAL PAY PERCENTAGE TOTAL PAY PERCENTAGE VALUATION CHANGE PROPERTY 1996 MARKET OF TOTAL 1996 1997 MARKET OF TOTAL 1998 MARKET OF TOTAL 1999 MARKET OF TOTAL 2000 MARKET OF TOTAL 2001 MARKET OF TOTAL CHANGE (Percent) TYPE VALUE VALU VALUE 1997 VALU VALUE 1998 VALUE VALUE 1999 VALUE VALUE 2000 VALUE VALUE 2000 V ALUE (Dollars) 00 -01 00 -01 APARTMENT $78,007,300 8.00% $77,583,600 7.8% $80,218,400 7.94% $95,965,700 8.85% $104,757,700 8.99% $115,739,700 8.82% $10,982,000 10.48% COMMERCIAL $249,580,000 25.59% $234,469,700 23,7% $231,244,700 22.89% $249,677,200 23.01% $264,071,300 22.67% $276,534,100 21.07% $12,462,800 4.72% INDUSTRIAL $47,436,100 4.86% $52,062,400 5.3% $55,653,800 5.51% $64,265,800 5.92% $68,639,200 5.89% $82,945,500 - 6.32% $14,306,300 20.84% RESIDENTIAL $600,068,700 61.52% $626,223,100 63.2% $642,788,600 63.63% $674,752,700 62.19% $727,068,100 62.42% $837,022,400 63.77% $109,954,300 15.12% FARM $251,900 0_.03_% _ _ __. $254,500 _ 0. $264.500 _ 0.03 %__ _$260.,500 0.02% $265,000 _0.02 %_ __ 0.02 %$55,000 20.75% TOTALS '1 $975 ry $990,593,, �,l � � ^` r $1,164,801,300 1r $1,312,51.70 6 asA " 1 °r1 0.00 $147, ,760,400 12.6 300 $1,010,170 000 $1,084,925,900 TAX TOTAL PAY PERCENTAGE TOTAL PAY PERCENTAGE TOTAL PAY PERCENTAGE TOTAL PAY PERCENTAGE TOTAL PAY PERCENTAGE TOTAL PAY PERCENTAGE TAX CAPACITY CAPACITY PROPERTY 1996 TAX OF 1996 TAX 1997 TAX OF 1997 TAX 1998 TAX OF 1998 TAX 1999 TAX OF 1999 TAX 2000 TAX OF 2000 TAX 2001 TAX OF 2001 TAX CHANGE CHANGE TYPE CAP BASE CAPACITY BASE CAPACITY BASE CAPACITY BASE CAPACITY BASE CAPACITY BASE (Dollars) ( Percent) APARTMENT $2,580,917 11.39% $2,509,152 11.2 $2,205,129 10.82% $2,012,543 10.08% $2,058,831 9.61% $2,252,963 9.75% $194,132 9.43% COMMERCIAL $11,362,705 5015% $10,501,922 47.0% $°:x'11,692 44.22% $8,472,695 42.43% $8,736,524 41.64% $9,163,365 39.68% $426,841 4.89% INDUSTRIAL $2,133,402 9.42% $2,345,450 10.5% $2,149,374 10.55 $2,181,557 10.93% $2,262,719 1039% $2,742,258 11.87% $479,539 21.19% RESIDENTIAL $6,577,467 29.03% $6,965,148 31.2% $7,007,522 34.39% $7,297,350 36.55% $7,918,031 37.74% $8,933,593 38.68% $1,015,562 12.83% FARM $3,779 0.02% $3,818 0.0% $3,703 0.02 %_ _ _ $3,306 _ 0.02%$3,180 0.02% _ _ _ $3,450 _ -__ _ 0.01% , $ 270 8.49% _ TOTALS $22,858,290 $22,325,490 $20,377,420 $19,967,451 $20,979,28$ $23,095,629 100.00% $2,116,344 10.09% NOTE: Payable 2001 tax capacity and valuation totals are based on values as of October 5, 2000. Final adjustments due to administrative change orders, tax court stipulations and abatements are not reflected. The taxable residential valuation for payable 2001 is $711,337,100. This reflects a loss of $54,921,500 in taxable value due to Limited Maket Value and This Old House Exclusions. c wpwssessweow�revrm , .uurzsu� , ++w. a,...q+. Prepared by Brooklyn Center Assessor's Office 11/29/2000 HISTORICAL COMPARISON OF BROOKLYN CENTER TAX RATE CITY RATE with CITY RATE AS A PERCENTAGE_OF CITY MARKET TAX YEAR EDA levy TOTAL RATE VALUE RATE 1997 32.875 23.7% To 25.2%. ' 1998 35.214 23.6% To 26.0% 0.07668% ' 1999 36.998 25.2% To 27.7% 0.07162% ' 2000 1 25.8% To 27.6 0.06691% 35.3 7 /o l0 2001 36.740 26.4% To 28.4% 0.06187% ■ ' G: \Depts\ ASSESS\ SPREDSHT\ STEVEB \TAXRATES \(2001tnt.xlsjcity tax 97-01 11/30/200011:45 AM Types of Expenditures • • ii r- •- 'tures . i Salaries $6,576,342 $6,773,751 $7,068 $7,141 1.03% $72,818 Fringe Benefits $1,561,620 $1 $1 $1 4.22% $71 Supplies $530,818 $526 $552 $550 -0.34% ($1,861) Purchased Services $450,449 $447 $461,387 $472 2.31% $10,667 Communications $225 $226 $264 $277,481 4.80% $12 Repair, rental $391,134 $416,077 $453 $488,591 7.80% $35 Other Contractual $758,422 $785,723 $853 $931 9.17% $78 Central Garage $940,704 $912,654 $89036 $891,212 0.13% $1 Insurance $127,000 $126 $126,350 $145 14.88% $18 Utilities $479 $508,250 $518,190 $536 3.45% $17,895 Capital Outlay $310,555 $313,700 $307,162 $326,445 6.28% $19,283 Debt Service NSP $1600 $16 0.00% $0 Transfers to other funds $1 $1,384,971 $1,47704 $1,580,872 6.99% $103 Administrative Service ($315,538) ($315 ($317,233) ($335,526) 5.77% ($18,293) Reimbursement ($400,6 ($422,000) ($432,000) ($435,181) 0.74% ($3,181) Cost of Sales $37,000 $33,000 $33,500 $23 - 31.34% ($10,500) Contingency $136,130 $131 $57 $57 0.00% $0 TOTAL $13,187,566 $13 $14,030 $14,437,943 2.91% $407,913 General Fund Expenditures 2001 Public Safety 35.0% General Government 10.6% i Police & Fire Bonds 5.2% Transfers to Debt Service t+ 1.7% Community Development Transfers to Capital Projects 4.8% o 0 3.5 /o I� i I { i Unallocated Dept. 2.3% Risk Management 1.1% _ Convention & Tourism 2.2% Public Works 17.8% Parks & Recreation 14.9% Social Services 0.7% General Fund General Government — ^i high hllr,loddlil,!II, „, ! Ildild,ll lu i�l I mui,q rl�, lulu „ n„ I IIII, o ,I I„ I u I I uul II I I„ o, illy, 1, I u I Public Safety — '� i I� ( �IHiii ' z fait aa��a IT11II II Police & Fire Bonds — Community Development IIII r Il�l�o�,l II �ll �I d 6iuuill�6� I� PUb11C WOI'kS Social Services — Parks & Recreation -- 61� u u ilo�mu,VUW��I�VIYtlWU Vmn„ �mJI,�IIw�BJI�,d i Convention & Tourism — I Risk Management — Unallocated Dept. — ■ 1997 1998 ■ 1999 Reimbursement from Other Funds — �' �i D 2000 ■ 2001 Transfers to Capital Projects — — Transfers to Debt Service — -2 -1 0 1 2 3 4 ; 6 Millions e ' General Fund Expenditures General Fund Expenditures unn zpnn 3' ft Ppolc Safety General Gwernmanl P°i p.ir �oe% 104% .. aenas Pdica & 50% Bantls ' sa% 5 � _Transfers to Oebt Servic< � sx s 4 W ' 1 pni eamwwMYap.wMpn.rt rwien 'anieen Comml pman y Dwelot T rensid j WI,kI , I '.aPni % Uneii<2 2% P1 1]9% \ v. Parks b Recreat s sa4& ia. Social Services ps& O6% General Fund Expenditures General Fund Expenditures e I Lrw Rek Pubbc Safety Pu 35 355% 354% % General Government General Cwemment o2% o5% Pollee F,'. Bonds 52% Pollee & Fire 8antls ' Transfers to , ]% Debt ce Servi CommumtY Dwelopment Transfers ( t service ,,.✓'y ` Tnnslers to Capital Prgecis "' Illlli' 45 %,/ canmMnrty Dw<lopm<ne ran Tslen rol to CePRal P.cts z a% Unallocated Dept 46% 28% 26% � Unallocated Dept 7k& Risk Management 27% { 1% Risk Management ' 1 1% Convention & T..— Pudic Works 16 % 4% Public Works on 15 ]% 180% F Parks& Recreation Social Services 156% 06% Social Services _ O6% General Fund Expenditures Public 5aletY General Government Community Dwelopment � �'T Transfers to Debt Sank. Ii lla'iL. Tranalara eo capd,I P.oleeb ® 33% Unaloc 6% Dept 6% Risk Manaiemanl 3% Comanban & Tounsm Pudic Wales { 6% l83% Parks & Recreation Social Servrcea 179% O6% ' Note: Truth in Taxation Notice combines budget & levies for City and Economic Development g Y p Authority. The presentation materials focus on the General Fund. The total budget and levy as set forth in the Truth in Taxation Notice is as follows: ' Truth in Taxation Notice: Combined Budget: $15,097,258 General Fund Budget: 14.437.943 Economic Development Authority $659,315 (HRA is included in levy amount, but not in budget amount.) Truth in Taxation Notice: Combined Levies: $8,420,298 ' General Fund (including General Debt Service) 8,048,732 EDA levy 216,731 HRA levy 154,835 CITY OF BROOKLYN CENTER TRUTH IN TAXATION NOTICE BUDGET CALCULATIONS ' 2000 2001 Change Adopted Proposed 2000 ' Budget Budget to 2001 Gen Fd Budgeted Revenues 14,030,030 14,437,943 ' EDA Fd Budgeted Revenues 649,714 659,315 14,679,744 15,097,258 2.84% TAX LEVIES General Fund 6,702,315 7,001,904 Bonds: Bonds of 94 68,193 66,176 ' Bonds of 95 69,126 72,579 Bonds of 96 120,242 122,581 Bonds of 97 783,012 785,492 HRA Fund 148,951 154,835 EDA Fund 208,495 216,731 8,100,334 8,420,298 3.95% ' proptoAtitnoticAs 2001 11/30/00 1:06 PM CITY OF BROOKLYN CENTER SUMMARY OF FULL -TEIAE EMPLOYEE POSITIONS 2001 BUDGET DIVISION 12M 1997 1998 1992 =020 2M Administration 2.4 2.4 2.4 2.4 2.4 2.4 Human Resources/Purchasing 2.0 2.0 2.0 2.0 2.0 2.0 ' City Clerk 1.0 1.0 1.0 1.0 1.0 1.0 Elections 1.0 1.0 1.0 1.0 1.0 1.0 Finance 8.0 7.0 7.0 7.0 7.0 7.0 Data Processing 1.0 1.0 1.0 1.0 1.0 1.0 Patrol 34.0 34.0 33.0 33.0 33.0 33.0 Investigation 9.0 9.0 9.0 9.0 9.0 9.0 ' Support Services 14.0 14.0 15.0 15.0 15.0 14.0 Office of the Chief 2.0 2.0 2.0 2.0 2.0 2.0 Fire 1.0 1.0 1.0 1.0 1.0 1.0 Inspections 4.0 4.0 4.0 4.0 5.0 5.0 Planning and Zoning 1.0 2.0 2.0 2.0 2.0 2.0 Assessing 4.0 4.0 4.0 4.0 4.0 4.0 ' Police Station Maintenance 1.0 1.0 1.0 Custodial Services 1.0 1.0 1.0 1.0 1.0 1.0 Building Maintenance 2.0 2.0 2.0 2.0 2.0 2.0 Grounds Maintenance 1.0 1.0 1.0 1.0 1.0 1.0 ' Engineering Services 6.0 6.0 6.0 7.0 7.0 7.0 Public Services Administration 3.0 3.0 3.0 3.0 3.0 3.0 ' Streets Maintenance 5.0 5.9 5.9 5.9 5.9 5.9 Traffic Control 2.0 2.0 2.0 2.0 2.0 2.0 Snow and Ice Control 3.0 3.0 3.0 3.0 3.0 3.0 Parks Grounds Maintenance 2.0 2.0 2.0 2.0 2.0 2.0 ' Parks Facilities Maintenance 3.0 3.0 3.0 3.0 3.0 3.0 Maint. For Recreation Programs 1.0 1.0 1.0 1.0 1.0 1.0 Forestry 2.0 2.0 2.0 2.0 2.0 2.0 Ice/Hockey Rinks 2.0 2.0 2.0 2.0 2.0 2.0 CARS Administration 2.0 2.0 2.0 2.0 Recreation Administration 5.0 5.0 3.0 4.0 4.0 4.0 ' Community Center 4.0 4.0 4.0 / 1 .0 4.5 4.5 Pool 1.0 1.0 1.0 1.0 0.5 0.5 Central Supplies and Support 1.0 1.0 1.0 TOTAL GENERAL FUND 127.4 128.3 128.3 132.3 133.3 132.3 Economic Development Authority 2.6 2.6 2.6 2.6 2.6 2.6 ' Liquor Stores 3.0 3.0 3.0 3.0 4.0 4.0 Centerbrook Golf Course 1.0 1.0 1.0 1.0 1.0 1.0 Earle Brown Heritage Center (EBHC) Administration 3.0 3.0 3.0 3.0 3.0 3.0 Convention Center 5.8 5.8 8.0 8.0 8.0 8.0 Inn on the Farm 2.2 2.2 2.0 2.0 2.0 2.0 TOTAL EBHC 11.0 11.0 13.0 13.0 13.0 13.0 Water Utility Fund 4.0 4.0 4.0 5.0 5.0 5.0 Sanitary Sewer Fund 3.0 3.0 3.0 2.0 2.0 2.0 Central Garage Fund 6.0 5.1 5.1 5.1 5.1 5.1 TOTAL FULL -TIME EMPLOYEES 158.0 158.0 160.0 164.0 166.0 165.0 CITY COUNCIL MEETING City of Brooklyn Center January 8, 2001 REVISED AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Opening Ceremonies a. Invocation - 7 p.m. b. Administer Ceremonial Oath of Office 3. Call to Order Regular Business Meeting 4. Roll Call 5. Council Report 6. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. December 4, 2000 — Truth in Taxation Budget Hearing 2. December 11, 2000 — Continuation Truth in Taxation Budget Hearing 3. December 11, 2000 - Study Session 4. December 11, 2000 - Regular Session 5. December 21, 2000 — Special Session b. Licenses REVISED CITY COUNCIL AGENDA -2- January 8, 2001 C. Performance Bond Release for Wickes Distribution Center, 4837 Azelia Avenue North d. Resolution Designating Official Newspaper e. Resolution Appointing Michael J. McCauley as Director and Jim Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group f. Resolution Authorizing Issuance of a Lawful Gambling License (Renewal) to the Brooklyn Center Fire Department Relief Association to Operate a Pull -Tab Machine at the Duoos Brothers Legion Post #630 g. Resolution Approving Change Order No. 2, Accepting Work and Authorizing Final Payment, Improvement Project No. 1999 -12, Contract 99 -B, Lift Station Nos. 8 & 9 Replacement h. Resolution Amending he 2 0 e 0 1 Engineering Services Budget to g g g g Carry Forward an Unexpended Appropriation from the 2000 Engineering Services Budget i. An Ordinance Vacating the TH 252 Service Road from 65``' to 66 h Avenue North - Motion to approve first reading and set second reading and public hearing for February 12, 2001. j . Resolution Approving Letter of Agreement for Modification of the Labor Agreement Between the City of Brooklyn Center and International Union of Operating Engineers (IUOE) Local No. 49 k. Resolution Establishing the City's Departments and Amending the 2001 Pay Plan 1. Regulation of Use of City Property -This item was tabled from the December 11, 2000, meeting to January 8, 2001. Motion to table to the February 12, 2001, meeting. 7. Consideration of Private Kennel License for Craig and Jeanne O'Brien, 6730 Drew Avenue North *Requested Council Action: - Motion to approve or disapprove license renewal. REVISED CITY COUNCIL AGENDA -3- Januar 8 2001 8. Planning Commission Item a. Planning Commission Application No. 2000 -023 Submitted by Blumentals /Architecture, Inc. Request for site and building plan approval for a 1,829 sq. ft. addition to the buildings at 5001 Drew Avenue North. The Planning Commission recommended approval of this application at its December 14, 2000, meeting. Requested Council Action: - Motion to approve Planning Commission Application No. 2000 -023 subject to the recommended conditions from the Planning Commission. 9. Council Consideration Items a. Resolution Expressing Recognition and Appreciation of Debra Hilstrom for Her Dedicated Public Service as Council Member - Requested Council Action: - Motion to adopt resolution. b. Resolution Calling Special Election to Fill a Council Vacancy ® • Requested Council Action: - Motion to adopt resolution. C. Select Presiding Officers — Mayor Pro Tern and Acting Mayor Pro Tern Requested Council Action: - Council discuss and select presiding officers. d. Resolution Expressing Recognition and Appreciation of Members Who Have Served on City Advisory Commissions *Requested Council Action: - Motion to adopt resolution. e. Mayoral Appointments of Council Liaisons to City Commissions for 2001 1. Financial Commission 2. Housing Commission 3. Regional Human Rights Commission 4. Park and Recreation Commission 5. NW Suburbs Cable Communications Commission • Requested Council Action: - Motion to ratify Mayoral appointments. REVISED CITY COUNCIL • AGENDA 4- January 8, 2001 f. Mayoral Appointments to City Advisory Commissions • Requested Council Action: - Motion to ratify Mayoral appointments. g. Appointment of Council Member to Serve as City Representative 1. League of Minnesota Cities 2. North Metro Mayors Association 3. Northwest Suburbs Cable Communications Commission 4. Association of Metropolitan Municipalities 5. Crime Prevention Program *Requested Council Action: -Mayor appoint Council Member to serve on each committee. h. Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions *Requested Council Action: - Motion to adopt resolution. i. Donation to Brooklyn Center Fire Department from the Family of Gary and Mickie Koerner - Requested Council Action: - Motion to accept donation. j. Resolution Ordering the Razing and Removal of a Hazardous Building and Further for the Abatement of Public Nuisances, Safety, and Health Hazards and Other Ordinance and Statutory Violations with Respect to That Real Estate Located at 5525 Morgan Avenue North, Brooklyn Center, Minnesota, 55430 Legally Described as Lot 5, Block 2, Franzen's 2" Addition, According to the Recorded Plat Thereof, Hennepin County, Minnesota *Requested Council Action: - Motion to adopt resolution. k. Resolution Appointing Auditors for the Year Ended December 31, 2000 • Requested Council Action: - Motion to adopt resolution. • REVISED CITY COUNCIL AGENDA -5- January 8, 2001 1. Resolution Opposing the Concept of Allowing Further Proliferation of Liquor Sales from Dispensaries Other Than Duly Authorized Off -Sale Liquor Stores • Requested Council Action: - Motion to adopt resolution. m. Set Dates for 2001 City Council Retreats • Requested Council Action: - Motion to set dates for 2001 City Council Retreats. n. Resolution Approving the Contract for Law Enforcement Labor Services (LELS) Local 82 and the City of Brooklyn Center for the Calendar Year 2001 *Requested Council Action: - Motion to adopt resolution. o. Staff Report Re: New Cable Franchises • • Requested Council Action: -None, report only. 10. Adjournment City Council Agenda Item No. 6a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA TRUTH IN TAXATION BUDGET HEARING DECEMBER 4, 2000 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met for the Truth in Taxation Budget Hearing and was called to order by Mayor Myrna Kragness at 7:03 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Finance Director Charlie Hansen, and Deputy City Clerk Maria Rosenbaum. PRESENTATION City Manager Michael McCauley explained the purpose of this meeting was to give the public an opportunity to give input to the City Council on the proposed budget and to ask questions and receive answers on the proposed budget and levy. By State Law, the City Council may not take action to adopt the budget at a meeting at which it takes public input. Mr. McCauley discussed that the required newspaper notification of the Truth in Taxation Budget Hearing was not published adequately and that the Truth in Taxation Budget Hearing originally scheduled for this evening will be held and continued to 6:00 p.m. on Monday, December 11, 2000. A subsequent hearing required by State Law will also be held on Monday, December 11, 2000, after the completion of the continuation hearing. Mr. McCauley discussed the 3.95 percent or $319,964 increase in taxes, the 2001 general fund budget overheads, and the purpose of increase in revenues which are as follows: Destination Park Plan, personnel costs, fuel prices, continuation of neighborhood street projects, and general operations. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. 12/04/00 -1- DRAFT The following addressed the Council regarding the proposed budget and property tax statements: Bob Hill and Roni Brunner, 4701 East Twin Lake Boulevard Wayde Lerbs, 5107 East Twin Lake Boulevard Dan Remiarz, 6201 June Avenue North Residents from 3019 Nash Road David Jents, 3907 52 Avenue North Council discussed the concerns and questions raised by the above - mentioned individuals. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to continue the Public Hearing to a continuation hearing at 6:00 p.m. on December 11, 2000, in the Council Chambers. Motion passed unanimously. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to adjourn the meeting at 8:16 p.m. Motion passed unanimously. City Clerk Mayor 12/04/00 -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 S CONTINUATION TRUTH IN TAXATION BUDGET HEARING DECEMBER 11, 2000 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met for the Continuation Truth in Taxation Budget Hearing and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Finance Director Charlie Hansen, and Deputy City Clerk Maria Rosenbaum. City Manager Michael McCauley explained the purpose of this meeting was to continue the Truth in Taxation public hearing that is required by State Law. This hearing is a continuation of the hearing that began on December 4, 2000. The subsequent hearing, which is also required by State Law, will be held during the City Council Regular Session. Mr. McCauley discussed the 3.95 percent or $319,964 increase in taxes and the purpose of increase in revenues which are as follows: Destination Park Plan, personnel costs, fuel prices, continuation of neighborhood street projects, and general operations. A motion by Councilmember Nelson, seconded by Councilmember Peppe to re -open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to adjourn the meeting at 6:16 p.m. Motion passed unanimously. City Clerk Mayor 12/11/00 -1- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION DECEMBER 11, 2000 CONFERENCE ROOM B CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in study session and was called to order by Mayor Myrna Kragness at 6:20 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also Present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Manager Michael McCauley requested amendment of the resolution on City Council agenda item 7b, Destination Park Plan to receive the Destination Park Plan and rename certain parks and Thank the Park and Recreation Commission for their input. It was the consensus of the Council to amend the resolution. The Council discussed private kennel licenses and the issues that need to be addressed when visiting the ordinance regarding private kennel licenses. Councilmember Nelson distributed information he had prepared regarding City Council agenda item 8d, Resolution Authorizing Execution of a Memorandum of Understanding With Mn/DOT Regarding the Construction of the Relocation of France Avenue. ADJOURNMENT A motion b Councilmember Hilstrom seconded b Councilmember Nelson to adjourn the stud Y � Y J Y session at 6:45 p.m. City Clerk Mayor 12/11/00 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 11, 2000 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to open the informal open forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. S No one wished to address the Council. The Council discussed the France Avenue relocation. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to adjourn informal open forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION There was no invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:15 p.m. 12/11/00 -1- DRAFT 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Finance Director Charlie Hansen, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Lasman reported that on December 3, 2000, she attended the Holly Sunday event along with Mayor Kragness, and on December 5, 2000, she attended the Northwest Human Rights Coalition meeting. At the Northwest Human Rights Coalition meeting the upcoming art contest, ways of newcomers utilizing services in the City, and the month of December being Universal Human Rights Month was discussed. Councilmember Lasman reported that the Heritage Festival would be on March 18, 2001, at Park Center High School from 12 p.m. to 5:00 p.m. and that the committee is working on a play regarding human rights and diversity issues. People who are interested in participating should contact Jane Chambers at the City of Brooklyn Center or Valerie Jones at 492 -2802. Councilmember Lasman shared that she also attended a meeting with different leaders to discuss human services and needs on November 30, 2000. 6. • APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Nelson discussed that the resolution under agenda item 7b, Destination Park Plan, would be amended to indicate that the Destination Park Plan would be received and to rename certain parks and thank the Park and Recreation Commission for its input. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the minutes from the November 20, 2000, Special and General work sessions, and the November 27, 2000, study and regular sessions. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the following list of licenses. Motion passed unanimously. 12/11/00 -2- DRAFT i GARBAGE COLLECTION HAULER • Metro Disposal, Inc. 5720 West 35 '/z Street, St. Louis Park MECHANICAL Advantage Air Inc. 325 130"' Street West, Shakopee APEX Heating and Cooling 312 Newton Avenue SW, Watertown RENTAL Renewal: 6315 Brooklyn Blvd Joseph Brauer 3725 47 r '' Ave N Richard Grothe SIGNHANGER Valley Sign Inc 6511 Duluth Avenue SE, Prior Lake 6c. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2000 -16 AND 17, CONTRACT 00 -G, PALMER LAKE PONDS AND PALMER LAKE TRAIL RESOLUTION NO. 2000 -206 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2000 -16 AND 17, CONTRACT 00 -G, PALMER LAKE PONDS AND PALMER LAKE TRAIL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6d. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROEJCT NOS. 2000 -20, CONTRACT 00 -E, BROOKLYN BOULEVARD ENHANCEMENTS RESOLUTION NO. 2000-207 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROEJCT NOS. 2000 -20, CONTRACT 00 -E, BROOKLYN BOULEVARD ENHANCEMENTS 12/11/00 -3- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6e. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2000 -21, CONTRACT 00 -F, BROOKLYN BOULEVARD LANDSCAPE ENHANCEMENTS RESOLUTION NO. 2000-208 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2000 -21, CONTRACT 00 -F, BROOKLYN BOULEVARD LANDSCAPE ENHANCEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6f. RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2000-04,05, AND 06, CONTRACT 2000 -C, 73 AVENUE, HUMBOLDT AVENUE TO CAMDEN AVENUE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2000 -209 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2000-04,05, AND 06, CONTRACT 2000 -C, 73 AVENUE, HUMBOLDT AVENUE TO CAMDEN AVENUE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6g. RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999 -21, CONTRACT 99 -N, MISCELLANEOUS SIDEWALK/RETAINING WALL /CURBING REMOVAL AND REPLACEMENT 12/11/00 -4- DRAFT • RESOLUTION NO. 2000-210 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999 -21, CONTRACT 99 -N, MISCELLANEOUS SIDEWALK/RETAINING WALL /CURBING REMOVAL AND REPLACEMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6h. RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION OBSERVATION, IMPROVEMENT PROJECT NOS. 2000 -20 AND 2000 -21, CONTRACTS 2000- E AND F, BROOKLYN BOULEVARD RESOLUTION NO. 2000-211 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION OBSERVATION, IMPROVEMENT PROJECT NOS. 2000 -20 AND 2000 -21, CONTRACTS 2000 -E AND F, BROOKLYN BOULEVARD The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6i. ADOPT 2001 CITY COUNCIL MEETING SCHEDULE A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to adopt 2001 City Council meeting schedule. Motion passed unanimously. 7. PUBLIC HEARINGS 7a. CONSIDERATION OF PRIVATE KENNEL LICENSE APPLICATIONS -5420 FREMONT AVENUE NORTH, LYNN AMACHER -MALM -160170 AVENUE NORTH, DENISE MUELLER City Manager Michael McCauley discussed two appeals had been filed regarding the denial of private kennel licenses and that the public hearings for both appeals would be to render a final decision to affirm, reverse, or amend the denial for private kennel licenses. • 12/11/00 -5- DRAFT 5420 FREMONT AVENUE NORTH, LYNN AMACHER -MALM A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. Lynn Amacher -Maim, 5420 Fremont Avenue North, addressed the Council to discuss her four dogs and to request an approval of a private kennel license. Ms. Amacher -Maim discussed that her dogs and property are well maintained. Mayor Kragness questioned the application that was submitted for three dogs and why when the property was inspected there were four dogs. Ms. Amacher -Maim informed the Council that at the time she applied for the private kennel license she had three dogs and that the fourth dog was one that she had anticipated on having and was not sure of keeping it. She had received the fourth dog and would like to keep the dog so the private kennel license that she is applying for would be to keep four dogs. Her intent is not to raise dogs but to show and exhibit them and to have as pets. Council discussed the ordinance and license process. Councilmember Hilstrom raised her concern regarding the three -year period of licensing private kennel licenses when some dogs' life expectancy is a lot longer. Ms. Amacher -Maim believes that pets should be lifetime commitments and requested that the City Council amend the ordinance regulating the three -year period of private kennel licenses. Paula Burbach, 5426 Fremont Avenue North, addressed the Council to discuss that she believes that the property is kept in good shape and that the dogs are friendly. Ms. Burbach stated that she hopes the Council will approve the private kennel license application. Pat Enninga, 5435 Emerson Avenue North, addressed the Council to discuss that she believes the property is not a problem and that she had never had a problem with the dogs. A mail carrier for the area, addressed the Council to share that she had been the mail carrier for in the area for six years and that in the six years the dogs and yard had been well maintained. Gerald Kamrow, 5447 Emerson Avenue North, addressed the Council to discuss that he was in full support of the private kennel license being approved. Nancy Benver, 5418 Fremont Avenue North, addressed the Council to say that she believes the dogs are perfect. Ms. Benver discussed that the dogs are her sons' playmates and that she would really like the dogs to be able to stay at the property. Jim Dobbins, 5419 Fremont Avenue North, addressed the Council to say that he takes care of the dogs from time to time and finds the dogs to all be nice. 12/11/00 -6- DRAFT Nancy Carlson, 6024 Aldrich Avenue North, addressed the Council to question the ordinance. Ms. Amacher - Malm's husband, Tom, addressed the Council to discuss that the dogs are not allowed to bark for a period of time and that their yard is well maintained. Jessica Hannon, 5426 Fremont Avenue North, addressed the Council to state she does not usually likes dogs; however, she likes these dogs and believes that they do not bark to a great extent. With no one else appearing a motion was made by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. Councilmember Peppe discussed this is an issue that goes back and forth. He suggested at this time the private kennel license application for Ms. Amacher -Maim is approved for a year -to -year basis and that the Council review this ordinance. Mayor Kragness stated that these are difficult issues for the Council to decide and that she agrees with Councilmember Peppe with the year -to -year renewal. She asked that the yard be maintained and that there be no additions to the four dogs. Councilmember Hilstrom stated that she believes that a license should be granted for a year -to -year basis, not to exceed three years, since the owners have proven to be responsible with the dogs and expressed that the ordinance needs to be reviewed and that a standard needs to be set. A motion b Councilmember Hilstrom seconded b Councilmember Nelson to reverse City Y � Y Y Manager's decision of denial for private kennel license at 5420 Fremont Avenue North, and to approve a one -year private kennel license for four dogs that will expire December 10, 2001. Motion passed unanimously. Councilmember Peppe discussed this ordinance will be discussed in 2001. 160170 AVENUE NORTH, DENISE MUELLER A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. Denise Mueller, 1601 70"' Avenue North, addressed the Council to discuss her request for a private kennel license to keep three dogs. Ms. Mueller informed the Council that she had two dogs and that her in -laws were moving away from their farm and had to give up their dog. When she heard they were going to have the dog put to sleep she felt like she had to take responsibility for the dog and later found out about the ordinance. Ms. Mueller stated that she is a dog lover and that she believes a pet should be for a lifetime. She is trying to find a home for the third dog and if they cannot find a home for the third dog they will install a privacy fence if needed. • 12/11/00 -7- DRAFT Karen Sherwood, 6939 Irving Avenue North, addressed the Council to discuss that she lives next door to Ms. Mueller and that the dogs are well maintained. Ms. Sherwood discussed that she believes the reason for the dogs barking are the children and other dogs in the neighborhood. With no one else appearing a motion was made by Councilmember Hilstrom, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. Councilmember Peppe suggested an extension of 90 days to come in compliance with the ordinance. Councilmember Hilstrom asked Ms. Mueller what the life expectancy was of the third dog. Ms. Mueller believes that the dog does not have many more years to live since the dog is 11 years old and that she will continue to look for a home for the third dog. Councilmember Lasman asked what measures are being taken to find a home for the dog and if the application is granted if she will continue to try and find a home for the third dog. Ms. Mueller stated that she wants the dog to be stay within the family or be given to someone she knows will take good care of the dog and that she may have some relatives that might take the dog. Councilmember Hilstrom discussed that she has been in favor of some licenses and not in favor of some licenses and that the Council needs to review the ordinance and make the ordinance an issue to be a better standard. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to reverse City Manager's decision of denial for private kennel license at 1601 70` Avenue North, and to approve a one -year private kennel license for three dogs that will expire December 10, 2001, and that Ms. Mueller continue to look for a home for the third dog and not to get another dog if one of the current dogs dies. Motion passed unanimously. 7b. DESTINATION PARK PLAN - PRESENATION BY BUD SORENSON - RESOLUTION RECEIVING DESTINATION PARK PLAN AND RENAMING CERTAIN PARKS AND THANKING THE PARK AND RECREATION COMMISSION FOR ITS INPUT Bud Sorenson, Park and Recreation Commission Chair, addressed the Council to present background information on the Destination Park Plan and request approval of the plan from the City Council. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. 12/11/00 -8- DRAFT • A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2000-212 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION RECEIVING THE DESTINATION PARK PLAN AND RENAMING CERTAIN PARKS AND THANKING THE PARK AND RECREATION COMMISSION FOR ITS INPUT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7c. 2001 -2005 CAPITAL IMPROVEMENT PROGRAM - RESOLUTION APPROVING 2001 -2005 CAPITAL IMPROVEMENT PROGRAM Mr. McCauley discussed that the 2001 -2005 Capital Improvement Program continues the neighborhood street programs and asked Public Works Director Diane Spector to outline the program. Ms. Spector outlined the program and discussed the $30 328 648 proposed expenditures. p P g p p p Councilmember Hilstrom left the table at 8:02 p .m. Mayor Kragness discussed that the staff had done a wonderful j ob planning for the program and that she appreciates all the hard work. A motion by Councilmember Peppe, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. Councilmember Hilstrom returned to the table at 8:04 p.m. Ms. Carlson addressed the Council to discuss future street improvements not included in the Capital Improvement Program, and to request that the Council review the animal ordinance. Ms. Carlson stated that she walks a lot on the Mississippi Park trail and that with the park combined with the City of Minneapolis it is confusing to residents what the regulations are for animals running at large. A motion by Councilmember Peppe, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. 12/11/00 -9- DRAFT RESOLUTION NO. 2000-213 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION APPROVING 2001 -2005 CAPITAL IMPROVEMENT PROGRAM T � he motion for the adoption of the foregoing resolution was duly seconded b Councilmember p g g Y Y Lasman. Motion passed unanimously. 7d. CONSIDERATION OF 2001 BUDGET 1. APPROVE TAX LEVIES AND ADOPT PROPOSED FUND BUDGETS A. RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 2001 B. RESOLUTION TO AUTHORIZE A FINAL TAX LEVY FOR 2001 APPROPRIATIONS FOR THE GENERAL FUND, THE DEBT SERVICE FUNDS, THE E.D.A. FUND, AND THE H.R.A. FUND BUDGETS C. RESOLUTION TO ADOPT THE 2001 PROPOSED BUDGET FOR THE GENERAL FUND D. RESOLUTION TO ADOPT THE 2001 PROPOSED BUDGETS FOR THE SPECIAL REVENUE FUNDS E. RESOLUTION TO ADOPT THE 2001 PROPOSED BUDGETS FOR THE CAPITAL PROJECTS FUND F. RESOLUTION TO ADOPT THE 2001 PROPOSED BUDGETS FOR THE ENTERPRISE FUNDS G. RESOLUTION TO ADOPT THE 2001 PROPOSED BUDGETS FOR THE INTERNAL SERVICE FUNDS Mr. McCauley discussed the previous budget hearings that had been held on December 4 and 11, 2000, and provided an overview of the 3.95 percent or $319,964 increase in taxes before opening the public hearing. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. 12/11/00 -10- DRAFT Rick Crandall, 5317 Camden Avenue North, addressed the Council to discuss his tax statement and ask about his 60 percent tax increase. Mr. McCauley reviewed Mr. Crandall's statement and informed the Council that the increase was due to a ro ert change classification. p p Y g With no one else appearing a motion was made by Councilmember Hilstrom, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. Mayor Kragness commended staff on the work done to prepare the budget. RESOLUTION NO. 2000-214 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 2001 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. RESOLUTION NO. 2000 -215 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A FINAL TAX LEVY FOR 2001 APPROPRIATIONS FOR THE GENERAL FUND, THE DEBT SERVICE FUNDS, THE E.D.A. FUND, AND THE H.R.A. FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. RESOLUTION NO. 2000 -216 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 2001 PROPOSED BUDGET FOR THE GENERAL FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 12/11/00 -11- DRAFT RESOLUTION NO. 2000-217 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 2001 PROPOSED BUDGETS FOR THE SPECIAL REVENUE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. RESOLUTION NO. 2000-218 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 2001 PROPOSED BUDGETS FOR THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. RESOLUTION NO. 2000-219 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 2001 PROPOSED BUDGETS FOR THE ENTERPRISE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. RESOLUTION NO. 2000 -220 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 2001 PROPOSED BUDGETS FOR THE INTERNAL SERVICE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 12/11/00 -12- DRAFT . 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF KENT KORMAN Mayor Kragness read the resolution expressing recognition of and appreciation for the dedicated public service of Kent Korman. RESOLUTION NO. 2000-221 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF KENT KORMAN The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8b. RESOLUTION EXPRESSING RECOGNITION AND APPRECATION OF PHIL CARRUTHERS FOR HIS DEDICATED PUBLIC SERVICE IN THE MINNESOTA HOUSE OF REPRESENTATIVES Councilmember Peppe read the resolution expressing recognition and appreciation of Phil Carruthers for his dedicated public service in the Minnesota House of Representatives. RESOLUTION NO. 2000-222 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECATION OF PHIL CARRUTHERS FOR HIS DEDICATED PUBLIC SERVICE IN THE MINNESOTA HOUSE OF REPRESENTATIVES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8e. RESOLUTION REQUESTING MN/DOT TO EVALUATE PLANNING FOR TH 100 RECONSTRUCTION TO DETERMINE IF IT WOULD BE FEASIBLE TO RECONSIDER THE CLOSING OF 50 ON THE WEST SIDE OF TH 100 12/11/00 -13- DRAFT Mr. McCauley discussed that at its November 27, 2000, meeting the Council requested that the City formally request Mn/DOT to reconsider the closing of the southbound 50' Avenue slip ramp. This resolution would request Mn/DOT to review its plans for the reconstruction of TH 100 to determine if it would be possible for those construction plans to leave 50t open as a right -in right -out only access to TH 100 on the west side of the roadway. RESOLUTION NO. 2000 -223 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION REQUESTING MN/DOT TO EVALUATE PLANNING FOR TH 100 RECONSTRUCTION TO DETERMINE IF IT WOULD BE FEASIBLE TO RECONSIDER THE CLOSING OF 50 ON THE WEST SIDE OF TH 100 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8d. RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH MN/DOT REGARDING THE CONSTRUCTION OF THE RELOCATION OF FRANCE AVENUE Mr. McCauley discussed at its November 27, 2000, meeting the City Council approved a design option for France Avenue in connection with the reconstruction of TH 100, Segment 4. Mn/DOT had prepared a Memorandum of Understanding (MOU) for work to be completed in the 2002 construction. This resolution would authorize the City Manager and Public Works Director to execute the MOU with Mn/DOT prescribing the terms and conditions of the relocation of France Avenue. Councilmember Nelson stated that he would be voting against the resolution for the following reasons: 1. The access reduction to and from a significant portion of our City to and from our major State highway caused by reducing the access points from three to one without significant improvement in the remaining access; and the proposed rerouting or elimination especially of a State Aid road access; will be a community detriment and P Y � tY will have the potential to reduce property values in an area near our only two recreational lakes. 12/11/00 -14- DRAFT I 2. While the groundwater pollution on the Joslyn site, through which the proposed access must pass, may be contained, there is still enough of a concern about the migration of pollutants so that the proposed TH 100 reconstruction will not have a grade lower than its current grade as it passes under the Canadian Pacific Railroad bridge; the potential hazards from dioxins (one of the "deadly dozen") on the site have not been evaluated; and children and even adults using the adjacent trails are going to be drawn toward the railroad, the lake, and the area of the site containing some of the greatest pollution. 3. The pre - determined route selected by City staff in February 1999 and accepted by the Minnesota Department of Transportation in April 1999 as the assumed official access route request of the City, which resulted in the incorporation of this route in Mn/DOT's predesign and request for funding for TH 100, Segment 4 reconstruction cannot be accepted in good conscience because there was no input from our residents, nor was there input from the City Council, our Planning Commission, or even the North Highway 100 Council; the pretense of such input after - the -fact may be considered a sham. RESOLUTION NO. 2000-224 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH MN/DOT REGARDING THE CONSTRUCTION OF THE RELOCATION OF FRANCE AVENUE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Voting in favor: Mayor Kragness, Councilmembers Hilstrom, Lasman, and Peppe. Voting against: Councilmember Nelson. Motion passed. 8e. RESOLUTION AUTHORIZING THE DEVELOPMENT AND SOLICIATION OF PROPOSALS FOR PROFESSIONAL SERVICES FOR IMPROVEMENT PROJECT NOS. 2002 -01, 02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. McCauley discussed this resolution would authorize to solicit proposals for Professional Services for Improvement Project Nos. 2002 -01, 02, and 03, Southwest Area Street, Storm Drainage, and Utility Improvements. • 12/11/00 -15- DRAFT RESOLUTION NO. 2000-225 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE DEVELOPMENT AND SOLICIATION OF PROPOSALS FOR PROFESSIONAL SERVICES FOR IMPROVEMENT PROJECT NOS. 2002-01,02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8f. VIDEO GAMES AT THE COMMUNITY CENTER Mr. McCauley discussed the Community Center recently eliminated video games with violent or questionable content that would not support a family, friendly environment and the Community Center would like to propose a family, friendly environment policy that would promote recreation for residents of all ages. The purpose of this item is to request the City Council to affirm that this direction is consistent with the City Council's goals for the operation for the Community Center as a community resource. Councilmember Hilstrom noted that citizens had raised the issue of violent type games being removed and that it is important for residents to speak up to help make a difference. . A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to affirm the direction of making the Community Center a family, friendly environment. Motion passed unanimously. 8g. RESOLUTION REGARDING THE DISPOSITION OF REQUEST SUBMITTED BY MR. SAM BAXTER TO AMEND ZONING ORDINANCE REGARDING 1 -1 USES Mr. McCauley discussed at its November 13, 2000, meeting the City Council directed the Planning Commission to review the City's Zoning Ordinance and advise if there was reason to consider modification regarding allowing an indoor go -kart track as an allowable use in the I -1 zoning district. The Planning Commission reviewed the ordinance at a study session on November 30, 2000, and had made a recommendation for the City Council to deny the request to amend the Zoning Ordinance. The Planning Commission recommended that the City Council, if it concurs with the Planning Commission's recommendation, adopt a resolution regarding the disposition of request submitted by Mr. Sam Baxter to amend the Zoning Ordinance regarding 1 -1 uses. Sam Baxter, Fast Tracks Speedway, addressed the Council to discuss the recommendation made by the Planning Commission and to inform the City that he will continue to seek other locations to have an indoor go -kart track. 12/11/00 -16- DRAFT a Planning and Zoning Specialist Ron Warren discussed the issue with the Council. Councilmember Hilstrom discussed that the City is always looking for youth activities and Mayor Kragness indicated that she hopes that Mr. Baxter will continue looking for a place in the City of Brooklyn Center. RESOLUTION NO. 2000 -226 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION REGARDING THE DISPOSITION OF REQUEST SUBMITTED BY MR. SAM BAXTER TO AMEND ZONING ORDINANCE REGARDING I -1 USES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8h. RESOLUTION SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 2001 Mr. McCauley discussed that this resolution would implement salaries and benefits for the calendar year 2001. RESOLUTION NO. 2000-227 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 2001 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8i. RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT CONTRACT WITH CITY MANAGER Councilmember Hilstrom requested to review the summary of the City Manager's review before authorizing the addendum to the contract. Mr. McCauley requested to take a short recess to allow the summary to be provided to the City Council. The Council recessed at 8:58 p.m. and reconvened at 9:05 p.m. . 12/11/00 -17- DRAFT Mr. McCauley requested that the City Council approve the summary minutes along with the resolution if they concur with the summary. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve the minutes from the December 4, 2000, special session. Motion passed unanimously. RESOLUTION NO. 2000 -228 I Councilmember Hilstrom introduced the following esolution and moved its adoption: g P RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT CONTRACT WITH CITY MANAGER The motion for the adoption of the foregoing resolution was duly seconded b Councilmember p g g Y Y Lasman. Motion passed unanimously. 8j. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) #86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2001 AND 2002 Mr. McCauley discussed this resolution would approve the contract for Law Enforcement Labor Services (LELS) #86 and the City of Brooklyn Center for the calendar year 2001 and 2002. RESOLUTION NO. 2000-229 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) #86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2001 AND 2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. I Councilmember Hilstrom requested to speak on a personal note to thank the Council and staff of six years for helping to ensure that Brooklyn Center is a safe place to live. She indicated that she is looking forward to continue working with Brooklyn Center as she moves on to be the State Representative for District 47B. 12/11/00 -18- DRAFT 9. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adjourn the City Council meeting at 9:09 p.m. Motion passed unanimously. City Clerk Mayor 12/11/00 -19- 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 SPECIAL SESSION DECEMBER 21, 2000 CONFERNECE ROOM B CALL TO ORDER The Brooklyn Center City Council met for a special session at Brooklyn Center City Hall in the Council Chambers and was called to order by Mayor Myrna Kragness at 6:08 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, and Robert Peppe. Councilmember Ed Nelson was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. City Manager Michael McCauley discussed that Talisman Companies, LLC requested a special meeting to discuss date changes in the development agreement for Brookdale. A revised development agreement had been prepared by Briggs and Morgan incorporating the date changes requested by Talisman, LLC that included the following: • Completion of mall improvements from March 14, 2002, to August 15, 2002 • Completion of Dayton's minimum improvements from June 30, 2003, to March 30, 2003 • 1S note of payment date from 2003 to 2004 • Final note payment date from 2007 to 2008 No changes in the terms have been made, the same improvements are required and the same pay as you go format and dollar amounts are retained: • 5 year window within which to receive increment • Pay as you go note for $2.9 million at 8 percent interest Developer receives 80 percent of available increment generated by the project to payoff the note James Schlesinger, President of Talisman LLC, addressed the Council to discuss his request for an extension on the dates of the development agreement and inform the Council that he would like to move forward with the project; however, the financing and the final plan from Barnes and Noble have taken longer than anticipated. 12/21/00 -1- DRAFT Mr. Schlesinger stated that the demolition will start on January 15, 2001, and distributed a tenant roster and si to p lan to discuss with the Council. Mr. Schlesinger informed the Council that there will be a grand opening ceremony in January and that approximately 3,000 invitation will be mailed. Council discussed the development agreement relating to the notes, completion dates, and defaults, if the were to ears occur. Mr. Schlesinger advised the Council that he would not have three Y g C u y remaining on the operating agreements with the anchor stores when Dayton's improvements were completed. Councilmember Hilstrom suggested the language be modified in the development agreement to remove the three -year language in 6.1 (g) since she is aware that anchor stores will generally not enter into such operating covenants. Mr. McCauley advised the Council that the language could be modified, if the Council so desired, and that the amendment to the development agreement could be changed to read the following: 6.1 (g) "The development property is at least 75 percent leased to eligible tenants at the time of issuance of the note and the adjacent property shall be occupied with operating department stores by Dayton's, Penny's, Sears, Kohls, and Mervyn 's at the time of issuance of the note; Mr. McCauley discussed that the proposed resolution amends only the requested date changes and that if the Council would like the language amended it could approve the above - mentioned language. RESOLUTION NO. 2000-230 Councilmember Lasman introduced the following resolution with a revision of 6.1 (g) to read as follows and moved its adoption: 6.1 (g) "The development property is at least 75 percent leased to eligible tenants at the time of issuance of the note and the adjacent property shall be occupied with operating department stores by Dayton's, Penny's, Sears, Kohls, and Mervyn's at the time of issuance of the note; RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT WITH TALISMAN, LLC The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to adjourn the meeting at 7:03 p.m. City Clerk Mayor or C M y 12/21/00 -2- DRAFT City Council Agenda Item No. 6b s • OX City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: January 3, 2001 /llVL SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on January 8, 2001. BOWLING ALLEY Earle Brown Lanes 6440 James Circle COURTESY BENCH U.S. Bench Corporation 3300 Snelling Avenue, Minneapolis GASOLINE SERVICE STATION B.C. Municipal Garage 6844 Shingle Creek Parkway B.C. Service Center, Inc. 6849 Brooklyn Boulevard Brookdale Citgo 5710 Xerxes Avenue North Christy's Auto Service 5300 Dupont Avenue North Hark's Company, Inc. 1505 69` Avenue North Holiday Stationstore 420 66''' Avenue North Humboldt Unocal 76 6840 Humboldt Avenue North Iten Chevrolet Company 6701 Brooklyn Boulevard Metropolitan Transit 6845 Shingle Creek Parkway Speedway SuperAmerica 1901 57"' Avenue North Speedway SuperAmerica 6545 West River Road Terry Presler Amoco 6044 Brooklyn Boulevard PUBLIC DANCE Earle Brown Lanes 6440 James Circle Hilton Hotel 2200 Freeway Boulevard 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Page 2 License Approvals January 8, 2001 RENTAL Renewal: 1510 69 Ave N George Hanson 131272 d Ave N Curtis Cady 6915 Brooklyn Blvd Curtis Cady 5630 Bryant Ave N John Bunch 5818 Humboldt Ave N Richard Olson 1543 Humboldt Place Kwi -Ha Wong 1537 Humboldt Place Kwi -Ha Wong 5909 June Ave N Janine Atchison River Glen Apartments Gary & Rita Brummer 5300 -04 Vincent Ave N Patricia Beier Willow Lane Apartments Miller Management Co Initial: 6721 5"' Street N Mathew Bolen Evergreen Park Manor Apartments Korey Bannerman 5806 Emerson Ave N Robert Lindahl 4110 Lakebreeze Ave N Dudley and Joy Peno TAXICAB Ahmed Farah 12 East Franklin Ave. S., Minneapolis Harley Fong 1932 Timberwolf Trail, Eagan TOBACCO RELATED PRODUCT American Legion Post 630 4307 70`'' Avenue North B.C. Municipal #1 5625 Xerxes Avenue North B.C. Municipal #2 1966 57 Avenue North Brookdale Citgo 5710 Xerxes Avenue North Brooklyn Center Conoco 1505 69`'' Avenue North Cub Foods 3245 County Road 10 Earle Brown Lanes 6440 James Circle Hilton Hotel 2200 Freeway Boulevard Holi Deli Commissary #610 1700 Freeway Boulevard Holiday Stationstore 420 66"' Avenue North Humboldt Texaco 6840 Humboldt Avenue North Perfect Car Wash #504 6849 Brooklyn Boulevard SuperAmerica #4058 1901 57"' Avenue North SuperAmerica #4160 6545 West River Road T.G.I. Friday's 2590 Freeway Boulevard Terry Presler Amoco 6044 Brooklyn Boulevard Tobacco Boulevard, Inc. 6300 Brooklyn Boulevard • Tobacco Castle, Inc. 5625 Xerxes Avenue North Tobacco Warehouse, Inc. 6014 Shingle Creek Parkway Value Food 6804 Humboldt Avenue North Walgreens 6390 Brooklyn Boulevard City Council Agenda Item No. 6c i • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning Specia list SUBJECT: Site Performance Guarantee Release DATE: January 2, 2001 The following site performance guarantee being held by the City for completion of various site improvements should be recommended to the City Council for release: Wickes Distribution Center, 4837 Azelia Avenue North Planning Commission Application No. 99 -005 Amount of Guarantee - $385,000 (Performance Bond) Obligor — Ryan Companies, US, Inc., on Behalf of Twin Lakes Business Park, LLC The City Council on January 24, 2000, authorized the reduction of the above financial guarantee from $385,000 to $50,000. Items at that time that needed to be addressed included the placement of sod on the site, the submission of an as -built survey to the City Engineer and the ability of the landscaping to survive the winter. The obligor never submitted the reduced financial guarantee and we are, therefore, still holding a $385,000 bond against the project. The items left to be completed were accomplished in 2000. - It is recommended that the City Council authorize the release of the entire $385,000 financial guarantee based on the completion of the project. City Council Agenda Item No. 6d Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Mana ger FROM: Sharon Knutson, City Clerk _4Ac DATE: January 3, 2001 SUBJECT: Resolution Designating Official Newspaper Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circulation in the City as its official newspaper. Minnesota Sun Publications has once again requested the Council to designate the Brooklyn Center Sun -Post to be the official newspaper for 2000. The Brooklyn Center Sun -Post meets all necessary requirements for designation. i The attached resolution designates the Brooklyn Center Sun -Post as the official newspaper for the City of Brooklyn Center for the year 2001. • Attachments: Resolution Designating Official Newspaper Minnesota Statutes Chapter 331A Minnesota Sun Publications Letter 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter and Minnesota Statutes Section 412.831 requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun -Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun -Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun -Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 2001. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. http :// www .revisor.leg.state.mn.us /cgi- bin /getstatchap.pl Minnesota Statutes 2000, Chapter 331 A. Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota. == 331A.01 331A.01 Definitions. Subdivision 1. Scope. As used in sections 331A.01 to 331A.11, the terms defined have the meanings given them except as otherwise expressly provided or indicated by the context. Subd. 2. Known office of issue. "Known office of issue" means the principal office maintained by the publisher or managing officer during a newspaper's regular business hours to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office, and devoted primarily to business related to the newspaper. A newspaper may have only one known office of issue. Subd. 3. Local public corporation. "Local public corporation" means a county, municipality, school district, or any other local political subdivision or local or area district, commission, board, or authority. Subd. 4. Municipality. "Municipality" means a home rule charter or statutory city or town. Subd. 5. Newspaper. "Newspaper" means a publication issued regularly by the same person or corporation, or a successor, whether the name of the publication is the same or different. Subd. 6. Proceedings. "Proceedings" means the substance of all official actions taken by the governing body of a local public corporation at any regular or special meeting, and at minimum includes the subject matter of a motion, the persons making and seconding a motion, the roll call vote on a motion, the character of resolutions or ordinances offered, including a brief description of their subject matter, and whether defeated or adopted. Subd. 7. Public notice. "Public notice" means every notice required or authorized by law or by order of a court to be published by a qualified newspaper, and includes: (a) every publication of laws, ordinances, resolutions, financial information, and proceedings intended to give notice in a particular area; (b) every notice and certificate of election, facsimile ballot, notice of referendum, notice of public hearing before a governmental body, and notice of meetings of private and public bodies required by law; and (c) every summons, order, citation, notice of sale or other notice which is intended to inform a person that the person may or shall do an act or exercise a right within a designated period or upon or by a designated date. • (d) this subdivision contains no independent requirement for the publication of any public notice. 1 of 8 01/02/2001 3:58 PM http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl Subd. 8. Qualified newspaper. "Qualified newspaper" means a newspaper which complies with all of the provisions of section 331A.02. The following terms, when found in laws referring to the publication of a public notice, shall be taken to mean a qualified newspaper: "qualified legal newspaper," "legal newspaper," "official newspaper," "newspaper," and "medium of official and legal publication." Subd. 9. Secondary office. "Secondary office" means an office established by a newspaper in a community other than that in which its known office of issue is located, in the same or an adjoining county, to enhance its coverage of and service to that community, open on a regular basis to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office, and devoted primarily to business related to the newspaper. Subd. 10. Summary. "Summary" means an accurate and intelligible abstract or synopsis of the essential elements of proceedings, ordinances, resolutions, and other official actions. It shall be written in a clear and coherent manner, and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a designated location. A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized had been published. No liability shall be asserted against the local public corporation in connection with the publication of a • summary or agenda. HIST: 1984 c 543 s 20; 1986 c 444 == 331A.02 331A.02 Requirements for a qualified newspaper. Subdivision 1. Qualification. No newspaper in this state shall be entitled to any compensation or fee for publishing any public notice unless it is qualified as a medium of official and legal publication. A newspaper that is not qualified must inform a public body that presents a public notice for publication that it is not qualified. To be qualified as a medium of official and legal publication, a newspaper shall: (a) be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches; (b) if a daily, be distributed at least five days each week, or if not a daily, be distributed at least once each week, for 50 weeks each year. In any week in which a legal holiday is included, not more than four issues of a daily paper are necessary; (c) in at least half of its issues each year, have no more than 75 percent of its printed space comprised of advertising • material and paid public notices. In all of its issues each year, have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the community which it purports to serve. Not more than 25 percent of its total nonadvertising column inches 2 of 8 01/02/2001 3:58 PM http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pi in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news services; (d) be circulated in the local public corporation which it purports to serve, and either have at least 500 copies regularly delivered to paying subscribers, or have at least 500 copies regularly distributed without charge to local residents; (e) have its known office of issue established in either the county in which lies, in whole or in part, the local public corporation which the newspaper purports to serve, or in an adjoining county; (f) file a copy of each issue immediately with the state historical society; (g) be made available at single or subscription prices to any person, corporation, partnership, or other unincorporated association requesting the newspaper and making the applicable payment, or be distributed without charge to local residents; (h) have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i) between September 1 and December 31 of each year publish a sworn United States Post Office periodicals -class statement of ownership and circulation or a statement of ownership and circulation verified by a recognized independent circulation auditing agency covering a period of at least one year ending no earlier than the June 30 preceding the publication deadline. When publication occurs after December 31 and before July 1, qualification shall be effective from the date of the filing described in paragraph (j) through December 31 of that year; and (j) after publication, submit to the secretary of state by December 31 a filing containing the newspaper's name, address of its known office of issue, telephone number, and a statement that it has complied with all of the requirements of this section. The filing must be accompanied by a fee of $25. The secretary of state shall make available for public inspection a list of newspapers that have filed. Acceptance of a filing does not constitute a guarantee by the state that any other qualification has been met. Subd. 2. Earlier qualification. Newspapers which have been qualified, on May 20, 1965, as mediums of official and legal publication shall remain qualified only if they meet the requirements of subdivision 1, except as follows: (a) If on May 20, 1965, any newspaper is a qualified medium of official and legal publication but is printed in a foreign language, or in English and a foreign language, and otherwise qualifies as a medium of official and legal publication pursuant to the requirements of subdivision 1, it shall be a medium of official and legal publication so long as it otherwise qualifies pursuant to the requirements of subdivision 1. • (b) If on May 20, 1965, any newspaper has been circulated in and near the municipality which it purports to serve to the extent of at least 240 but less than 500 copies regularly delivered to paying subscribers and otherwise qualifies as a medium of official and legal publication pursuant to the 3 of 8 01/02/20013:58 PM http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl requirements of subdivision 1, it shall be a medium of official and legal publication so long as at least 240 copies are regularly so circulated and delivered and it otherwise qualifies pursuant to the requirements of subdivision 1. • Subd. 3. Publication; suspension; changes. The following circumstances shall not affect the qualification of a newspaper, invalidate an otherwise valid publication, or invalidate a designation as official newspaper for publication of county board proceedings. (a) Suspension of blication for a period of not more than P three consecutive months resulting from the destruction of its known office of issue, equipment, or other facility by the elements, unforeseen accident, or acts of God or by reason of a labor dispute. (b) The consolidation of one newspaper with another published in the same county, or a change in its name or ownership, or a temporary change in its known office of issue. (c) Change of the day of publication, the frequency of publication, or the change of the known office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to maintain its known office of issue in the county, shall deprive a newspaper of its standing as a medium of official and legal publication until the newspaper again becomes qualified pursuant to subdivision 1. Subd. 4. Declaratory n • o y 5udgment of legality. Any person interested in the standing as a medium of official and legal publication of a newspaper, may petition-the district court in the county in which the newspaper has its known office of issue for a declaratory judgment whether the newspaper is qualified as a medium of official and legal publication. Unless filed by the publisher, the petition and summons shall be served on the publisher as in other civil actions. Service in other cases shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside shall be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act and the rules of civil procedure shall apply to the action. HIST: 1984 c 543 s 21; 1985 c 174 s 1; 1Spl985 c 13 s 315; 1987 c 30 s 1; 1987 c 286 s 1; 1988 c 682 s 42; 1990 c 395 s 1; 1991 c 205 s 17; 1997 c 137 s 13 == 331A.03 331A.03 Where notice published. Subdivision 1. Generally. Except as provided in subdivision 2, a public notice shall be published in a qualified newspaper, and except as otherwise provided by law, in one that is likely to give notice in the affected area or to whom it is directed. When a statute or other law requires publication in a newspaper located in a designated municipality or area and no qualified newspaper is located there, publication shall be made in a ualified newspaper li v h o q kel to give notice unless t Y g particular statute or law expressly provides otherwise. If no qualified newspaper exists, then publication is not required. 4 of 8 01/02/2001 3:58 PM http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl Subd. 2. Exception; certain cities of the fourth class. A public notice required to be published by a statutory or • home rule charter city of the fourth class located in the metropolitan area defined in section 473.121, subdivision 2, is not required to be published in a qualified newspaper if there is no qualified nondaily newspaper of general circulation in the city, provided the notice is printed in a newsletter or similar printed means of giving notice that is prepared by the city and either mailed or delivered to each household in the city. HIST: 1984 c 543 s 22; 1991 c 53 s 1 == 331A.04 331A.04 Designation of a newspaper for official publications. Subdivision 1. Priority. The governing body of any local public corporation, when authorized or required by statute or charter to designate a newspaper for publication of its official proceedings and public notices, shall designate a newspaper which is a qualified medium of official and legal publication in the following priority. Subd. 2. Known office in locality. If there are one or more qualified newspapers, the known office of issue of which are located within the local public corporation, one of them shall be designated. Subd. 3. Secondary office in locality. When no qualified newspaper has a known office of issue located in the local public corporation, but one or more qualified newspapers maintain a secondary office there, one of them shall be designated. Subd. 4. General circulation in locality. When no qualified newspaper has its known office of issue or a secondary office located within the local public corporation, then a qualified newspaper of general circulation there shall be designated. Subd. 5. Other situations. If a local public corporation is without an official newspaper, or if the publisher refuses to publish a particular public notice, matters required to be published shall be published in a newspaper designated as provided in subdivision 4. The governing body of a local public corporation with territory in two or more counties may, if deemed in the public interest, designate a separate qualified newspaper for each county. HIST: 1984 c 543 s 23 == 331A.05 331A.05 Form of public notices. Subdivision 1. English language. All public notices shall be printed or otherwise disseminated in the English language. Subd. 2. Time of notice. Unless otherwise specified by a particular statute, or by order of a court, publication of a public notice shall be as follows: (a) the notice shall be published once; 5 of 8 01/02/2001 3:58 PM http: / /www. revisor. leg. state .mn.us /cgi- bin /getstatchap.pl (b) if the notice is intended to inform the public about a future event, the last publication shall occur not more than 14 days and not less than seven days before the event; (c) if the notice is intended to inform the public about a past action or event, the last publication shall occur not more than 45 days after occurrence of the action or event. Subd. 3. Type face. Except as otherwise directed by a particular statute requiring publication of a public notice, a public notice shall be printed in a type face no smaller than six point with a lower case alphabet of 90 point. Larger type faces may be used. Subd. 4. Title or caption. Every public notice shall include a title or caption in a body type no smaller than brevier or eight point referring to the content of the notice. Larger type faces may be used. Subd. 5. Local options. The governing body of a local public corporation may, to better inform the public, increase the frequency of publication of a public notice beyond the minimum required by a particular statute. It may use forms and styles for the notice as it deems appropriate, including the use of display advertisements and graphics. It may publish or disseminate the notice in other newspapers in addition to the newspaper required to be designated under section 331A.04. Regardless of whether a particular statute specifies "legal notice," "public notice," "notice," or uses similar terms, the governing body may use whatever form for the published notice that it deems appropriate in order to adequately inform the • public, subject to the requirements of sections 331A.01 to 331A.11. Nothing in the foregoing provisions of this subdivision shall require the governing body of a local public corporation to use the options described. Subd. 6. Conflict of laws. Nothing in this section shall invalidate or affect any statutory or charter provision imposing additional or special qualifications for publication of particular notices or proceedings. Subd. 7. Errors in publication. If through no fault of the local public corporation, an error occurs in the publication of a public notice, the error shall have no effect on the validity of the event, action, or proceeding to which the public notice relates. HIST: 1984 c 543 s 24; 1997 c 56 s 1 == 331A.06 331A.06 Fees for publication. Subdivision 1. The maximum rate charged for publication of a public notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears, and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. Subd. 2. Fees for publication. Notwithstanding • subdivision 1, no newspaper may increase its rates for publication of public notices by more than ten percent per year, as compared to the maximum rate actually charged by the newspaper in the previous year for publication of public notices, and in any case the new rate shall not exceed the rate 6 of 8 01/02/2001 3:58 PM http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl described in subdivision 1. Nothing in this section shall be interpreted to mean that such an increase is required. Subd. 3. When the governing board of a local public corporation awards a contract for the publication of public notices based on competitive bidding, the rate established by the competitive bidding shall be the rate charged for publication of the public notices. Subd. 4. When a statute refers to publication of a public notice at the legal rate the maximum rate shall be as provided in this section. HIST: 1984 c 543 s 25; 1985 c 174 s 2; 1994 c 465 art 2 s 18 == 331A.07 331A.07 Affidavit of publication. No compensation shall be recoverable for publishing legal or official matter in any newspaper not qualified, until there is filed with the county auditor the affidavit of a person having knowledge of the facts, showing the name and location of the newspaper and the existence of conditions constituting its qualifications as a qualified newspaper as set forth in section 331A.02. If the matter published relates to proceedings in another county, a like affidavit must be filed with its auditor. The affidavit, if it states the required facts, shall be prima facie evidence of them and of the qualification. No compensation shall be recoverable for publishing legal or official matter in any newspaper unless the bill is accompanied by an affidavit of the publisher of the newspaper or the publisher's designated agent, having knowledge of the facts, setting forth the fact that the newspaper has complied with all the requirements to constitute a legal newspaper. The affidavit must set forth the dates of the month and year and the day of the week upon which the legal or official matter was published in the newspaper. The affidavit must also include the publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to section 331A.06, the maximum charge allowable by law for the publication of the specific legal or official matter in question, and the rate actually charged for that publication. HIST: 1984 c 543 s 26; 1993 c 48 s 7 == 331A.08 331A.08 Computation of time. Subdivision 1. Time for publication. The time for publication of public notices shall be computed to exclude the first day of publication and include the day on which the act or event, of which notice is given, is to happen or which completes the full period required for publication. Subd. 2. Time for act or proceeding. The time within which an act is to be done or proceeding had or taken, as prescribed by the rules of procedure, shall be computed by excluding the first day and including the last. If the last day is Sunday or a legal holiday the party shall have the next secular day in which to do the act or take the proceeding. ® HIST: 1984 c 543 s 27 == 331A.09 331A.09 Publication on Sunday. 7 of 8 01/02/2001 3:58 PM http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl Any public notice may be printed in a newspaper published on Sunday, and the publication is a lawful publication and a full compliance with the order of the court or officer ordering the publication. Any notice that, by law or the order of any court, is required to be published for any given number of weeks may be published on any day in each week or the term, and if published as many weeks and as many times in each week as required by the law or order, it is a lawful publication. HIST: 1984 c 543 s 28 == 331A.10 331A.10 Change of name or discontinuance of newspaper. Subdivision 1. Change of name. When a legal notice is required or ordered to be published in a particular newspaper and the name of the newspaper is changed before the publication is completed, the publication shall be made or continued in the newspaper under its new name with the same effect as if the name had not been changed. The proof of the publication, in addition to other requirements, shall state the change of name and specify the period of publication in the newspaper under each name. Subd. 2. Discontinuance. When a newspaper ceases to be published before the publication of a public notice is commenced, or when commenced ceases before the publication is completed, the order for publication, when one is required in the first instance, may be amended by order of the court or judge, to designate another newspaper, as may be necessary. If no order is required in the first instance, publication may be made or completed in any other qualified newspaper. Any time during which the notice is published in the first newspaper shall be calculated as a part of the time required for the publication, proof of which may be made by affidavit of any person acquainted with the facts. HIST: 1984 c 543 s 29 == 331A.11 331A.11 Application. Subdivision 1. Apply. Sections 331A.01 to 331A.11 apply to all municipalities and local public corporations. Subd. 2. Do not apply. Sections 331A.01 to 331A.11 do not apply to notices required by private agreements or local laws to be published in newspapers, unless they refer to sections 331A.01 to 331A.11, or particular provisions of sections 331A.01 to 331A.11. HIST: 1984 c 543 s 30 • 8 of 9 01/02/2001 3:58 PM December 14, 2000 n4,6;* *;%papers City of Brooklyn Center City Council 630 1 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear City Council Members: The Brooklyn Center Sun Post would like to be considered for designation as the legal newspaper for the U'ity of Brooklyn Center for the year 2001. New in 2000, all published legal notices were posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broaden the readership of your legal notices. The rate structure for legals effective January 1, 2001 will be: 1 column width: 4.30 per inch for first insertion � $7.15 per inch for subsequent insertions There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 pm the Thursday prior to publication. E- mailing the legal notices is an efficient and accurate way of getting the notices to us. The e -mail address for the legal department is legals@mnsunpub.com. We still accept notices on disk, faxed or through the mail. If you require more information to make your decision, please contact me or Meridel Hedblom, our Legal Representative, at 952 - 392 -6880. Thank you for considering the Sun Post as the official newspaper for the City of Brooklyn Center in 200 1 1. We appreciate the opportunity to serve the needs of your community. Sincerely, Frank Chilinski President and Publisher 10917 V ALLEY V IEw Roan ED PRAIME M iNNEsoTA 55344 952 -829 -0797 FAX: 952 -941 -3588 City Council Agenda Item No. 6e Office of the City Clerk OX City o f Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk ��L160A �MI DATE: January 3, 2001 SUBJECT: Resolution Appointing Michael J. McCauley as Director and Jim Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group In 1988 the City Council authorized the City of Brooklyn Center to participate in the joint powers group know as the Hennepin Recycling Group, along with the cities of Crystal and New Hope. I Article IV, Sections 2 and 3, of the joint powers agreement require the governing body of the City to annually appoint a representative and alternate to the Board of Directors of Hennepin Recycling Group. The attached resolution designates Michael J. McCauley as Director and Jim Glasoe as Alternate Director. Attachment 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP WHEREAS, the City Council passed Resolution No. 88 -24 authorizing Brooklyn Center's membership in a joint powers group known as the Hennepin Recycling Group with Crystal and New Hope to implement joint recycling programs; and WHEREAS, the joint powers agreement requires the governing body of the City to annually appoint a representative and alternate to the Board of Directors of Hennepin Recycling Group. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Michael J. McCauley be appointed to represent the City of Brooklyn Center as Director and Jim Glasoe be appointed as Alternate Director of the Board of Directors of Hennepin Recycling Group. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I City Council Agenda Item No. 6f DUOOS BROTHERS AMERICAN LEGION POST #630 4307 70 Avenue North Brooklvn Center. Mn. Steven A. Wacha Commander Post #630 5724 Girard Av. No. Brooklvn Center. Mn. 55430 Home Phone: (763) 561 -5727 Work Phone: (651) 717 -6100 Paaer: (612) 650 -6711 E -Mail: swacha(d),ll.doc.state.mn.us *Post #630 established their Charter with the American Legion on Jan. 15. 1947 *Post #630 respectfully dedicates naming the Post after two Brooklyn Center Brothers Killed during World War ll: Harold Duoos United States Army. Died Fort Jackson, S.C. Lester Duoos United States Navy, Missing in Action. Battle of the Coral Sea * Duoos family moved to Brooklyn Center, 5340 Emerson, in 1927. The surviving parents later moved to the 54 and Dupont area until their deaths in the mid 1960's. *Post #630 constructed the Club building in 1958 at our current location. *Post #630 currently has approximately 400 members. *Post #630, during past two years, has donated over $11,000 to help sponsor a number of Youth and Veteran programs: B.C. National and American Little League B.C. Legion Baseball Legionville School Patrol Program Brooklyn Center & Park Center Senior Class Party Red Raiders Youth Football Park Center Twins Baseball Legion Oratorical Contest Girl's & Boy's State Programs Christmas and Thanksgiving Food Baskets to Deserving Veterans Serviceman's Center Mpls. St. Paul Airport *Brooklyn Center Fire Department Relief Association has run Charitable Gambling at Post #630 since April 1997. Their donations to the community from these proceeds, since 1997, total more that $139.000. *Post #630 has always operated as a nonprofit and community centered organization. Our members wish to continue their long established relationship for many years to come. I BROOKLYN CENTER ���UKLYN CE 11 TF9 POLICE DEPARTMENT POLICE MEMORANDUM TO: City Clerk Sharon Knutson FROM: Chief Joel Downer DATE: December 27, 2000 SUBJECT: Renewal Application For A Minnesota Lawful Gambling License (Pull Tab Machine) - Brooklyn Center Fire Dept Relief Association On December 22, 2000, the Brooklyn Center Police Department received a Premises Permit Renewal Application for a Minnesota Lawful Gambling License to operate a pull tab machine from the Brooklyn Center Fire Department Relief Association. This renewal application is to operate one pull tab machine at the Duoos Brothers Legion Post #630 located at 4307 70th Avenue North. ** The State Gambling Control Board requires a city council resolution approving the issuance of the license in order for them to take any action on the license. As such, if the license is approved, a certified cony of the resolution must be returned to us. All necessary background checks have been completed by the police department. There was nothing found that would preclude the above from being issued a Minnesota Lawful Gambling License. Per this memo, I am requesting that this item be put on the council agenda for consideration. - -J�el Downer , -Chief of Police JD:kh Md00.mem I_ Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (RENEWAL) TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION TO OPERATE A PULL -TAB MACHINE AT THE DUOOS BROTHERS LEGION POST #630 WHEREAS, the Minnesota Charitable Gambling Control Board requires a municipality to submit a resolution authorizing issuance of any lawful gambling license within its borders; and WHEREAS, the City of Brooklyn Center allows for such conduct on premises within the City of Brooklyn Center; and WHEREAS, the Brooklyn Center Fire Department Relief Association has submitted all appropriate fees and necessary documentation for their renewal license and a thorough background investigation has been conducted by the Brooklyn Center Police Department regarding the manager and all named officers and nothing was found in that investigation that would preclude the issuance of a Minnesota Lawful Gambling License; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the issuance of a lawful gambling license (renewal) to the Brooklyn Center Fire Department Relief Association to operate a pull -tab machine at the Duoos Brothers Legion Post #630 is hereby approved. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: • whereupon said resolution was declared duly passed and adopted. State of Minnesota For Board Use Only Gambling Control Board Amt Pd Premises Permit Renewal Application Check # ,LG214PPR Printed: 9/282000 Date License Number: B - 05236 -001 Effective Date: 4/1/1999 Expiration Date: 3/31/2001 Name of Organization: Fire Brooklyn Center Dept Relief Assoc Gambling Premises Information Name of the establishment where gambling will be conducted Am Legion Post 630 Note: Our records show the premises 4307 70th Ave N is located within the city limits Brooklyn Center, MN 55429 County: Hennepin Lessor Information R A IQT'T ,Meorhettd, MN 0 Name of the property owner (If different): Square footage leased per month: 6,3 -55- ,b i lb 5 s h,�0 5 L c Ct,' LEA/ }'o ST 3G� Rent paid per month: 8.14 --799 - �,b.eo � key,✓ �� ��-r�.� � �✓ ,�,� �,�� Square footage leased per bingo occasion: Rent paid per bingo occasion: Bingo Activity Our records indicate that Bingo is not conducted on these premises. Storage Information Bank Information Firstar Gambling Bank 5540 Brooklyn Blvd Account Number: 838302889 Brooklyn Center, MN 55429 On the lines provided below list the name, address and title of at least two persons authorized to sign checks and make deposits and withdrawals for the gambling account. The organization's treasurer may not handle gambling funds. Name Address City, State, Zip Code Title A1111 - 7'4 b h "x6; 70 q ,V/-. ✓ Cr I, LI cFYf'L' y /�n/�D �.:'sc Al ,��3o G.h'r� '� /9 Jz ,o✓ ,U/,Xiy.✓ (.i � �.5�.�9 FI �`ST G FI m MG.� r.ix fiv /✓. �,e �y,✓ G;R J* .46.5, 4:5.9rn 11796�E' (Be sure to complete the reverse side of this application) This form will be made available in alternative format (ie. large print, braille) upon request. Page I of 2 (Continued on Back) Acknowledgment Page 2 of 2 Gambling Site Authorization Oath 6. any changes in application information I hereby consent that local law enforcement I declare that: will be submitted to the board and local officers, the board or agents of the board, or 1. I have read this application and all unit of government within ten days of the commissioner of revenue or information submitted to the board is true, the change; and public safety or agents of the commissioners, accurate, and complete; 7. I understand that failure to provide may enter the premises to enforce the law. 2. all other required information has been required information or providing false or Bank Records Information fully disclosed; misleading information may result in the The board is authorized to inspect the bank 3. I am the chief executive officer of the denial or revocation of the license. records of the gambling account whenever organization; necessary to fulfill requirements of current 4_ I assume full responsibility for the fair and gambling rules and law. lawful operation of all activities to be Organization License Authorization conducted; I hereby authorize the Gambling Control 5. I will familiarize myself with the laws of Signature of the chief ex tive Board to modify the class of organization Minnesota governing lawful gambling and officer (Designee may not sign) license to be consistent with the class of rules of the board and agree, if licensed, to p permit being applied for. abide by those laws and rules, including amendments to them; Date Local Unit of Government Acknowledgment and Approval On behalf of the city, I hereby acknowledge this application ,DOK"L >/i✓ (,' �i✓l EiL for lawful gambling activity at the premises located within P,.ffiftenameofti ty the city's jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to the applying organization. Signature of city personnel receiving application CIerK of l--al o— Title Date m t Y 1 For the township: On behalf of the township, I acknowledge that the organization is applying to conduct lawful gambling Print name of township activity within the township limits. A township has no statutory authority to approve or deny an Signature of township official receiving application application (Minn. Stat. sec. 349.213, subd. 2). Title Date For the county: On behalf of the county, I hereby acknowledge this application for lawful gambling activity at Print name of county the premises located within the county's jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to the applying organization. Signature of county personnel receiving application Title Date The information requested on this form (and Your name and address will be public Board whose work assignment requires that any attachments) will be used by the Gambling information when received by the Board. All they have access to the information; the Control Board (Board) to determine your the other information that you provide will be Minnesota Department of Public Safety; the qualifications to be involved in lawful gambling private data about you until the Board issues Minnesota Attorney General; the Minnesota activities in Minnesota, and to assist the Board your license. When the Board issues your Commissioners of Administration, Finance, in conducting a background investigation of license, all of the information that you have and Revenue; the Minnesota Legislative you. You have the right to refuse to supply the provided to the Board in the process of Auditor, national and international gambling information requested; however, if you refuse to applying for your license will become public. regulatory agencies; anyone pursuant to court supply this information, the Board may not be If the Board does not issue you a license, all the order, other individuals and agencies that are able to determine your qualifications and, as a information you have provided in the process specifically authorized by state or federal law consequence, may refuse to issue you a license. of applying for a license remains private, with to have access to the information; individuals If you supply the information requested, the the exception of your name and address which and agencies for which law or legal order Board will be able to process your application. will remain public. authorizes a new use or sharing of information after this notice was given; and Private data about you are available only to the following: Board members, staff of the City Council Agenda Item No. 6g MEMORANDUM DATE: January 3, 2001 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer SUBJECT: Resolution Approving Change Order 2, Accepting Work and Authorizing Final Payment, Improvement Project No. 1999 -12, Contract 99 -13, Lift Station Nos. 8 & 9 Replacement On January 24, 2000 the City Council awarded a contract to Barbarossa & Sons for replacing Lift Station Nos. 8 & 9. All contract work by Barbarossa & Sons has been completed in accordance with the contract. On June 12, 2000 Change Order No. 1 in the amount of 11,000 was approved modifying the contract amount to $403,268. Change Order No. 2 in the amount of $4,368.49 is for additional electrical work required due to NSP change of service locations. The Sanitary Sewer Utility Fund is providing all funding for the construction. A resolution approving Change Order No. 2 in the amount of $4,368.49 is provided for Council consideration and accepting work performed and authorizing final payment. • ® Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 2, ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999 -12, CONTRACT 99 -13, LIFT STATION NOS. 8 & 9 REPLACEMENT WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Barbarossa & Sons is completing the following improvement in accordance with said contract: Improvement Project No. 1999 -12, Contract 1999- B,Replacement of Lift Station Nos. 8 & 9 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Change Order No. 2 is hereby approved. 2. The work completed under said contract is accepted and approved according to the following schedule: COSTS As Amended Per Low Bid As Final Contract $391,868.00 $389,087. 60 Contingency / Change Orders $39,187.00 Change Order No. 1 $11,400.00 Change Order No. 2 4,368.49 Subtotal $431,055.00 $404,856.09 Admin /Legal /Engr. $40,000.00 $26,158.23 Total Estimated Project Cost $471,055.00 $431,014.32 REVENUES Sanitary Sewer Utility Fund $471,055.00 $431,014.32 Total Estimated Revenue $471,055.00 $431,014.32 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: i and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6h MEMORANDUM DATE: January 3, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: Resolution Amending the 2001 Engineering Services Budget to Carry Forward an Unexpended Appropriation from the 2000 Engineering Services Budget The 2000 Engineering Services budget included an appropriation of $5,000 to replace the large - format engineering copier. Technology in this area continues to advance, and there are now many lower cost options for digital scanning and reproduction of plan size copies. We have been investigating a number of alternatives, such as lease purchase of a digital document system or purchase of a plan -size scanner and digital copier. Because we are still working with Community Development and the IT Coordinator to determine the best setup to meet our many and varied needs, we have not expended the $5,000 budgeted in 2000. An additional $5,000 has been included in the 2001 Engineering Services budget. I request that the unexpended $5,000 be carried over to the 2001 budget to supplement this amount. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 2001 ENGINEERING SERVICES BUDGET TO CARRY FORWARD AN UNEXPENDED APPROPRIATION FROM THE 2000 ENGINEERING SERVICES BUDGET WHEREAS, Section 7.08 of the City Charter provides the City Council with the authority to appropriate funds from the accumulated surplus in an amount equal to a previous appropriation in the General Fund Budget, if not in fact expended or encumbered for that purpose in the previous fiscal year; and WHEREAS, the 2000 General Fund Budget contained an appropriation of $5,000 for Capital Outlay to replace the engineering copier; and WHEREAS, staff continue to investigate equipment options to provide improved functionality and additional capability and the amount has not been expended. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The 2000 General Fund Budget is amended to reduce the Engineering Services Division by $5,000. 2. The 2001 General Fund Budget is amended to increase the Engineering Services Division by $5,000. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i City Council Agenda Item No. 6i i MEMORANDUM DATE: Jan 8 January , 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works,,, SUBJECT: An Ordinance Vacating the TH 252 Service Road from 65' to 66' Avenue North Presented this evening or first reading is an ordinance vacating the TH 252 service g g roan g road from 65" to 66 Avenues North (see attached map). This service road was turned back by Mn/DOT to the City of Brooklyn Center on July 15, 1990. Once the street vacation is completed the underlying property, which was also turned back by Mn/DOT to the City, can be combined with the adjacent EDA owned parcels for purposes of redevelopment. This service road is no longer necessary to provide access to these properties. The second reading and public hearing are scheduled for February 12, 2001. • • ' � c • . r"4j , ' - •��' •_ V' �' ,;� ,D•�',t3'a,y "F,;�•,rt'i�'"n*+ " 1, �-n' "i i.P '1- '} S '�' ",'§ . "4q�.. DY F:r.n� ° ' Y"� k�t. �.�✓,�.+.. �r3% "� { i _ �L IE y T Fg- . i.. �'� � rte.-., 1 .�;'.'�1_`v "."� - p'. "`� �cw.�Yr m'D` _''•� i• 7 - 3 ���\ �/b y , 5r. wf . 07 h t 1 '• I s n { 1 , t • �x �. I. 1 f.. M1, nT�� i { • � 14N` z ( ��rf 3' ,- ,��',',.:� �' PART 66T WE OF LOT 3>r.. _.::' '''. ,;; '.., + Elio �/ "�-- � •` � , _ . �, :: ^ T � > ( �' '' 9 S , :• 8550 .a =_ c►; ELL ! M r^ , . ✓ _ -�; � w y - ... "..s .t�„r :e�, . ;s � . !':.. . ?v -.. ''.sue , . t y , .tom „�•. "•C: « ...- r.�.w.3.1!"j� ,'a. .” _=k !�•`i Y lG� f » ��?� ��(; • L"-:f ,s'`.i�Y�x��-..i4. ° 65 J v �i ph f "� `- �•'M "yt. ..�� -A:t . ` tip," �q „ Y• ��` ; -Yi�e. ,• .. ---- - -i —�— fl � f s C. , � {7 • `'40 - 's"'' .. PART OF LOT IB • x.,., •, (8) 6500 Or s, T 439.' >tRi25 'y {—+ =ti i+ r1 IM 24 i. OPENEW 0 65TH AVF -------------- - lei , �u tvv cov 409.5 EAST •• ,..•7.38 ; _- ...._..� #N/DOTF R _ 7 137, D ' 117 2 TH 252 SERVI RV I CE R OA D VA CATION CA TI ON 6 ry t t � t � �-� 5TH AVE T O 66TH AVE ���� .ff <r » � a I it � a ` 1 �2:•�+5 � - +7:_': - i ��' � ' T., M! , S+� - '• � ' f C » t' ” 'F k ,. '� } ;� 1 b 'k �. r -� ��} r - `-�S - •tom � - _� ..� � . CITY OF BROOKLYN CENTER Notice is here given by gi n that a public hearing will be held on the 12th day of February, 2001, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance vacating a public street. 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 VACATING THE TH 252 SERVICE ROAD FROM 65 TO 66"' AVENUE NORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The TH 252 service road from 65' to 66' Avenue North described as follows is hereby vacated. Beginning in the City of Brooklyn Center at a point on the easterly side of the state highway right of way of Trunk Highway No. 252, said point is located approximately 865 feet east of the center of section 36, township 119 north, range 21 west; thence northerly along the center line of a frontage road for approximately 650 feet to its intersection with the center line of 66' Avenue North and there terminating. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2001. Mayor ATTEST: City Clerk Date of Publication Effective Date i (Strikeouts indicate matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 6j Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING LETTER OF AGREEMENT FOR MODIFICATION OF THE LABOR AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL NO. 49 WHEREAS, an analysis of job duties and operations at the Central Garage resulted in the identification of duties that could be more efficiently conducted, and; WHEREAS, greater efficiency could be achieved by combining certain duties previously performed by both union and non -union personnel in Public Works, and; WHEREAS, the Director of Public Works and Assistant City Manager met with Union representatives to discuss the proposed re- organization and re- assignment of duties, and; WHEREAS, the Union representatives concurred with the proposed re- organization, including elimination of a crew leader position and addition of a new position known as Mechanic II and signed a letter dated December 7, 2000 affirming Union support. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager is authorized to include the signed letter of agreement with the agreement document containing the current agreement dated January 1, 2000 through December 31, 2002. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. December 19, 2000 MEMO TO: Michael J. McCauley, City Manager J e A. Chambers, Assistant City Manager SUBJECT) Letter of Agreement for Modification of the Labor Agreement Between the City of Brooklyn Center and International Union of Operating Engineers ( IUOE) Local No. 49 A letter agreement outlining the addition of a Mechanic II position to the bargaining unit was signed by the Union on December 11, 2000. Addition of the Mechanic II position was at the request of the City. The position eliminates a crew leader position, and provides for a combination of duties that were previously performed by both union and non -union personnel in Public Works. The change should make the purchase and record - keeping for the central garage more efficient as the Mechanic II will have responsibility for ordering of parts and supplies directly related to the repair shop needs. The signed letter of agreement has been placed in agreement file. 03[ City of Brooklyn Center A great place to start. A great place to stay. December 7, 2000 Tim R. Conners Local 49 2829 Anthony Lane South Minneapolis, MN 55418 -3285 Dear Tim: This letter is to document the discussion held Friday, December 1, 2000 in which the proposed addition of a Mechanic II position in the bargaining unit was discussed. You, Kent Korman, myself, and Diane Spector were present and discussed the work duties of the new position, the selection process, and the fact that the new position would result in a combination of duties that eliminates an existing crew leader position. We agreed at the conclusion of our discussion that the Mechanic II position could be added to the bargaining unit through this letter of understanding between the City of Brooklyn Center and Local 49. I have included two copies of this letter. Please have both fully signed, return one to me, and retain the other for your files. Thank you for your help and cooperation in this matter. Sincerely, - l ane A. Chambers Assistant City Manager Date 1 zoa d Tim R. Conners, Local 49 Business Representative _--� Date �� ^��� U Kent Korman, Steward 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 •FAX (612) 569 -3494 An Affirmative Actionl Equal Opportunities Employer i City Council Agenda Item No. 6k Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING THE CITY'S DEPARTMENTS AND AMENDING THE 2001 PAY PLAN WHEREAS, Chapter 6 of the City Ordinances establishes the administrative code of the City of Brooklyn Center, defining offices which are prescribed in the City Charter; and WHEREAS, Chapter 6 of the City Ordinances provides that the City Council, upon recommendation of the City Manager, divide the administrative services of the City into departments. WHEREAS, the position of Director of Fiscal and Support Services is being added to the Pay Plan, the position of Finance Director (which is being incorporated into the duties of Director of Fiscal and Support Services) is being eliminated in the Pay Plan, and the position of Assistant City Manager is being revised in the Pay Plan to reflect comparable worth evaluation of the position; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following departments be and hereby are established: 1. Administration •Services include: purchasing, elections, licenses, communications, liquor stores, Earle Brown Heritage Center, human resources, and management information systems. 2. Community Activities, Recreation, and Services *Services include: recreation programs, community center, golf course, and government buildings. 3. Community Development *Services include: inspections, EDA/HRA, planning, and zoning. 4. Fiscal and Support Services *Services include: accounting, audit, utility billing, risk management, assessing, coordination of departmental services with administration 5. Fire *Services include: fire prevention, fire suppression, and emergency preparedness. 6. Police •Services include: patrol, investigation, crime prevention, and dispatch. 7. Public Works Department *Services include: engineering, street maintenance, parks maintenance, sanitary and storm sewer, water, and central garage. AND BE IT FURTHER RESOLVED THAT the Pay Plan for 2001 be and hereby is amended to delete the position of Finance Director, add the position of Director of Fiscal and Support Services at a pay range of $72,000 to $88,985 per year and revise the salary range for the position of Assistant City Manager to $61,194 to $75,574 per year. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Lasman, Nelson, and Peppe From: Michael J. McCauley City Manager Date: January 4, 2001 Re: Reorganization In response to the City Council's continuing directive to evaluate the City's organizational structure and look for more efficient and better ways to deliver services, I am proposing the creation of a new department, shifting Assessing to the new department, and moving the Earle Brown Heritage Center to Administration under the supervision of the Assistant City Manager. The new department would be the Fiscal and Support Services Department. This department will oversee two divisions: Finance and Assessing. The Director of Fiscal and Support Services will be charged with overseeing these two divisions and discharge the duties of the office of City Treasurer /Finance Director. This new position will be a part of the senior management of the City, participating in labor negotiations and serving as acting city manager in the absence of Ms. Chambers and myself. As indicated later in this memorandum, this also provides better planning for future needs of the City and a greater depth in the management structure. The new departmental structure does not result in an increase in the number of full -time positions in the General Fund. As we continue to expend large sums of money on computer systems with Logis for new financial, payroll, and human resources software, as well as on other systems, it is necessary to provide a collaborative sharing of departmental personnel to accomplish overall City goals. The resolution establishing the City's Departments and Amending the 2001 Pay Plan accomplishes the Assessing reorganization, facilitates the appropriate transfer and coordination of special assessments, collaborative integration of the computer functions in Administration with the upcoming changes in Logis systems, enhances the ability to conduct labor negotiations, shifts the Earle Brown Heritage Center to Administration, and strengthens the management structure. We need to share persons across departments. The Director of Fiscal and Support Services will be charged with facilitating such collaboration. ASSESSING I recently reviewed the Assessing Division after Mr. Baker left for a position with the City of Minneapolis. Several of our neighboring cities, Golden Valley, New Hope, and Crystal, use Hennepin County for assessing. These cities provide clerical support and • space for Hennepin County. Based on the cost for assessing in these other cities, our cost 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 appeared to be higher. The Assessing staff reviewed their operation and proposed the elimination of one position in Assessing, reductions in equipment based on the reduction in personnel, and some other changes that resulted in approximately $82,000 in cost reductions from the 2001 budget. Some of those reductions may not be realized due to some commercial assessing issues. But, we should be able to save in excess of $50,000 based on their proposal. If our population in the census count exceeds 30,000, we will have costs associated with tax court appeals that are being shifted to the County at no cost at the present time. The County must handle these appeals for cities with populations under 30,000. This shift of tax court appeals from our office to Hennepin County is part of the reorganization. Another part of the Assessing reorganization is to shift responsibility for some portions of special assessments. Assessing has one part of this process and I believe it can be incorporated into the Department of Fiscal and Support Services described in the attached resolution. Assessing would become a division of this new department and be reduced from 4 to 3 full -time positions. The plan will result in the upgrading of the Appraiser Technician to the position of Appraiser I and the Assessing Secretary to Appraiser Technician. Ms. Wojcik has been appointed City Assessor. LABOR NEGOTIATIONS The Director of Fiscal and Support Services would be part of the City's labor negotiating team. There are many issues to be faced in this tight labor market and a corresponding need to have a financial participation in the labor negotiating team. There are also a number of issues that need to be explored with the unions regarding compensation and our competitiveness in the market. These needs can better be addressed by the creation of a confidential management position that can participate in labor negotiations. MANAGEMENT DEPTH The Director of Fiscal and Support Services would also serve as the Acting City Manager in the absence of myself and Ms. Chambers. The City Council has inquired in the past with respect to who would be in charge in the event both Ms. Chambers and I were out of the office. It would be appropriate to address that issue by having a greater depth in the confidential management group. The prudence of providing greater depth and planning is also to the City's advantage in providing for continuity. Ms. Chambers is at the point where she is interested in becoming a City Manager, should the appropriate opportunity be presented. If Ms. Chambers were to find a position as a City Manager, there are no other confidential management positions available to serve as Acting City Manager. The Director of Fiscal and Support Services would fill that gap. Other cities are reorganizing their management structures to meet changing situations and needs. Blaine recently reorganized their management structure to consolidate and reduce the number of persons directly reporting to the City Manager. As shown in the attached brochure, Blaine has aggregated several functions under 3 large departments. One of those aggregations is in the Finance area. I am not proposing as radical a consolidation, • but am proposing collaboration in those areas to allow for the most effective and efficient use of personnel. In order to capture the optimum benefit of technology, we must be able to create fluid teams of people and utilize them as the needs of the City require. An example of a shared use of personnel is the payroll technician position which has essentially be made into two positions held by one full time person: payroll in Finance, and MIS support in Administration. Part-time employees are difficult to recruit without benefits and we cannot afford to hire full time positions that cannot be used to their fullest potential, or have to hire 2 people because functions are in different departments. EARLE BROWN HERITAGE CENTER The City Council has identified the desirability of having enterprises such as liquor and the Earle Brown Heritage Center moved into a more entrepreneurial structure. Liquor stores were placed in Administration under the supervision of the Assistant City Manager in response to those Council concerns. The next phase of reorganization in this area is the transfer of the Earle Brown Heritage Center from Community Development. The resolution accomplishes this transfer. COSTS Costs of the reorganization would be underwritten from a variety of sources. The additional cost of the new Department Head position would be more than offset by the cost savings in Assessing. The new position has the potential to cost $10,000 more per year as compared to $50,000 in reduced costs in assessing. The increased compensation range for the Assistant City Manager is similarly offset by overall reductions. As the new structure is implemented, adjustments may need to be made that could include using budgeted personnel resources to augment the reorganization either through seasonal assistance or an entry level position. The Administrative Specialist position has been left unfilled pending the reorganization. Thus, the reduced costs of Assessing and unfilled Administrative Specialist position for part of this year will more than offset the costs of the layoff and new position. In the reorganization, a new position was identified as an alternative to a layoff, at the affected employee's option. The Finance Director declined to accept a new position at a lower rate and will be receiving all of the layoff benefits provided in the collective bargaining agreement. To put the changes in the perspective of full time month equivalents, we will pay the equivalent of 5 months + $2,500 in outplacement for the Finance Director position, 10 months for the new Director position, zero months of an Assessing position and 9 or 10 months of an Administrative Specialist position (a total of 25 months out of 36 budgeted months). i THE CITY OF BLAINE SEEKS A HIGHLY EXPERIENCED DEVELOPMENT SPECIALIST AND MUNICIPAL MANAGER TO SERVE IN THE NEWLY CREATED POSITION OF PUBLIC SERVICES MANAGER ty A r' i t ' g � L � � THE MISSION OF THE CITY OF BLAINE IS TO PROVIDE ONGOING, QUALITY MUNICIPAL SERVICES AND TO BRING ABOUT QUALITY AND BALANCED RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DEVELOPMENT THROUGH THE TEAMWORK OF THE CITY COUNCIL, CITY COMMISSIONS, CITY STAFF AND RESIDENTS. THE COMMUNITY The City of Blaine (population 48,000 +) has placed maximum emphasis on citizen fourth largest youth soccer tournament each is situated just 13 miles from both participation, responsive customer service July. Also located at NSC is the Schwann's downtown Minneapolis and St. Paul. and conservative fiscal stewardship. Super Rink, which consists of four Olympic - Blaine is one of the Twin Cities' largest size ice sheets located in one facility. The and fastest growing suburban communities. While one -third of the community is NSC attracts over 1.7 million visitations to Since its incorporation in 1964, Blaine has available for future development, Blaine is Blaine each year. In 2000, the City saw the rapidly grown from a small rural currently home to such well known opening of the new Tournament Players Club community to a booming business and businesses as Aveda Corporation, Bermo (TPC) of the Twin Cities, an 18 -hole PGA residential center. Blaine consists of 34 Inc., CF Motor Freight, Dayton Rogers championship golf course. ® square miles of pristine wetlands and Manufacturing Company, Diversified preserved woodland areas made even Dynamics and others. Blaine is also home The City of Blaine has over 510 acres of more appealing by attractive residential to Minnesota's new Olympic -class training developed parks combined with 4,400 areas, viable industrial /commercial parks facility, the National Sports Center (NSC). acres of wetlands and preserved open and thoughtful planning. City government NSC is host to the U.S.A. Cup, the world's space. Larger regional parks are C I T Y • to include housing, recreational and related services. Strengthening and developing neighborhood organizations while enhancing involvement processes. M. • Development of strategies for current and future economic development efforts. Preservation of open space and master plans for trail development and parks renovation/creation. The City has established strong working relationships with Anoka County government through such joint -powers agencies as the Anoka County-Blaine Airport, Anoka County Economic Development Partnership, the various supplemented school districts, the Metropolitan Council neighborhood parks and several municipal (MC), Metropolitan Transit Council Operations (MTCO) and neighboring sports complexes such as the Blaine Baseball and Blaine Soccer Complexes. communities of Coon Rapids, Lino Lakes, Mounds View, Spring Lake Park and others. Extensive City-County trail system and indoor Mounds View, Spring Lake Park and Blaine ice arenas are coupled with larger County combine to provide a joint Fire parks, pool facilities and campgrounds and nature parks. The City of Blaine is served City Council is a seven-member elected Department. by three school districts (Anoka-Hennepin body, with the Mayor elected at-large for #11, Centennial #12 and Spring Lake Park a four-year term. Councilmembers are The City of Blaine has several collective *11) with over 11,000 local students, as well elected for four-year, staggered terms on bargaining units representing employees as one community college and one technical a District basis. The City has three Council including Law Enforcement Labor Services college. The University of Minnesota, the Districts with District #1 representing the (LELS), International Union of Operating University of St. Thomas and six other southern part of the City; District #2 Engineers Local #49 (long established colleges/universities are within easy constitutes the central area; and District #3 public works field and technical union) and commuting distance from Blaine. is identified with the northern section of Teamsters for Police Supervisors. The City the City. While two Councilmembers subscribes to a collaborative labor relations Residents may also take advantage of represent each District, only one of the two bargaining philosophy, and strong, positive the numerous cultural and recreational District representatives is up for re-election relationships currently exist between labor amenities of the Twin Cities' area. Museums, in any given year. The Mayor and Council and management. The strongest emphasis galleries, world-class zoos, wildlife and are elected on a non-partisan basis. possible is placed on fair and equitable nature conservatories are abundant in the treatment of employees and a philosophy region. Numerous historic sites, professional The City Council appoints the City of internal customer service/respect sports (NFL Vikings, MLB Twins, NBA Manager who serves as the City's Chief prevails. Timberwolves, NHL Minnesota Wild and St. Administrative officer responsible for the Paul Saints Baseball) and world class dining/ day-to-day management of the City, its POSITION OVERVIEW entertainment are available nearby. operations and overall financial administration/condition. The City employs The Public Services Manager position is Ultimately, the one ingredient that makes 149 full-time and 34 part-time personnel and a newly created responsibility which results Blaine a unique and special place is the functions with a $16.7 million operating from a recent reorganization that created people: its residents, business community, budget. Several commissions and three executive level positions: Managers municipal staff and those utilizing the Committees support municipal government of Public Services; Support Services and extensive and world-class facilities found in including, but not limited to, the Charter Safety Services. The component divisions Blaine. Populated by many long-term and Commission, Citizens Environmental making up Public Services include Building second/third generations of families, as well Committee, Parks Advisory Board, Planning Inspections, Economic Development, as many newcomers, Blaine offers an overall Commission, Senior Center Advisory Engineering, Parks and Recreation, environment where people care about their Committee and Tra nsportation Committee, Planning and Public Works. Housing and community, their neighbors and each other. as well as others on an as-needed basis. Neighb orhood Services functions could be attached to the responsibilities of the new • Focus areas for the City Council and I City Manager in the near future. Consolidation CITY GOVERNMENT of physical and economic development, The City of Blaine operates as a Home- Manager include emphasis on: maintenance and infrastructure Rule Charter City and is governed under the Developing long-term strategies for the improvement functions under one structure Council-Manager form of government. The needs of seniors and youthful citizens is expected to greatly improve the flow of 2 " • internal communications, ensure Communicates regularly with rights, non - discriminatory practice and consistency and accuracy of information developers and contractors relative to i` irness. Fosters a positive attitude of being disseminated to the public, provide proposed projects, preliminary customer service toward the citizens, for ease of decision making within processes and final plats. In addition, business representatives, developers municipal government and enhance the provides professional and technical and contractors. City's quest for exceptional customer information and consultation to Reviews growth patterns, trends in land service. regulatory boards, public agencies, use, community needs and other factors businesses and citizens. in developing recommendations for The Public Services Manager will oversee Serves as a principal advisor regarding guiding and regulating development a total staff of 72 full -time and 4 part -time development and planning issues to the activities and providing support in the six reporting Divisions and manage City Council, other departments, services. an operating budget of approximately advisory commissions and boards. Resolves problems and issues arising $6 million. The current CIP budget, Undertakes such strategic plans as to from the development process; works inclusive of major facilities construction anticipate issues, problems or with applicants, department staff and efforts, exceeds $18 million. difficulties for those individuals/ other City departments to effectively administrative agencies. resolve conflicts; works effectively with Ultimately, the Public Services Manager Prepares and develops preliminary a variety of competing and will assist the City Manager and City annual budgets; monitors and controls development- related interest groups. Council in developing strategies to guide expenditures; and provides periodic Performs other related duties as the community and cope with pressures updates to the City Manager and the assigned by the City Manager. related to growth and the future impacts Council in an effort to ensure the of growth ranging from transportation/ financial integrity of the local SIGNIFICANT ISSUES traffic capacities to water /sewer system government operations. construction and others. The Manager will Manages the functions of land use The following issues were developed serve as a highly visible City representative planning, zoning and building code after extensive discussions with the City with all segments of the community. He application; establishes internal Manager, Mayor, City Council, Division or she will promote greater understanding procedures for the expeditious review Managers reporting to the Public Services of the financial needs associated with of building permits, business licenses, Manager, key departmental staff from each growth related matters and seek reasonable zoning requests and changes in laws operating unit, leaders from the • points of compromise that will meet the and procedures. Maintains activities in development community and needs of the entire community. Specific a consistent, practical and legal manner neighborhood associations and duties of the Public Services Manager while developing strategies for sound chairpersons of several commissions and include but are not limited to: growth management without sacrificing committees affecting the development a customer service orientation and process. These issues do not represent a • Prepares periodic reports, project quality of effort toward development. comprehensive list of projects /programs schedules and status; conducts research Oversees the hiring, training, staff facing the new Public Services Manager nor and preparation of technical reports as development and performance of all are they intended to establish fixed required for community development departmental personnel; ensures a management priorities. They are, however, activities and projects; initiates or positive and collegial work atmosphere representative of the types of issues prepares responses to correspondence where all employees are treated fairly, currently being managed by the City in the and inquiries received by the department,. , consistently and with respect to civil areas of development and community ' ' a. services, which will be under the preview of the Public Services Ma �:.... ,� , _ _ �� ""'• ��•'.- �,..�r'i:. � "t ..` i µ , nager in his /her t first six to eighteen months of employment. t1'= New Organizational Structure a The new organizational structure, which establishes three Executive Managers (Public Services, Support Services and ,- ¢x , Public Safety Services), will affect the general status, responsibilities and reporting relationships of a number of senior managers and supervisory .`- ;` r .• personnel. While basic organizational missions will remain almost identical, any quantum change may breed a degree of `} m uncertainty and has the risk of delaying decision- making processes as well as potentially affecting employee morale. One of the initial and most important functions " of the new Manager will be to help in 3 City Council City of Blaine City Manager Organizational Chart 8 E . MgTnt. Analyst City Attorney to .. .. Public Services Support = = .. Services Safety Services u: Public Works Engineering Finance I Human I Police , Fire De partm ent Department - -- - • - " . ' Resources _ f i Buildin Information Code Recreation .._.,....,....,....,.,_._ ._- inspection'... . Clerk ,. Services Enforcement Planning Communications clarifying roles, establish mechanisms to blocks of time for the new Manager. commitment of funds the establishment of resolve any operational uncertainties and Construction of the new City Hall /police realistic project timelines and assistance of ensure that there is no disruption in services office building, adjacent to the Anoka these projects along with the appropriate provided to citizens. In cooperation with County - Blaine Airport has commenced and division managers will help establish the the City Manager, the Public Services is scheduled for completion in late 2001. new Manager as a reliable, credible Manager must be a proactive advocate for This $14.5 million project must be closely presence in the community. the new structure, establish ongoing managed to ensure minimal cost increases communication efforts, both internally and (if any) and closely adhere to the scheduled Road widening, resurfacing and related externally, to ensure a seamless transition timelines. The new Manager will arrive at infrastructure improvement projects in to the new organizational structure. a critical stage of the project and must support of industrial/commercial expansion quickly familiarize himself /herself with the adjacent to the airport, new City Hall and in Redesign of information brochures, scope of work, cost factors and quality of expanding neighborhoods of the northeast process descriptions, accountability charts, work. At the same time, demolition and corridor of the City will require close etc. that allows the general public and redevelopment of the current City Hall site coordination among the Public Services employees to quickly understand duties must be undertaken without disruption of management team and the need for increased and responsibilities and scope of authority activities at the Senior Center, which is communications with affected for key personnel is essential. Broad use situated nearby. Disposal, sales or neighborhoods and citizens. The new of a variety of communications formats redevelopment options must be closely Manager must quickly become familiar with (cable TV, websites, informational examined and controlled by the new Public the numerous studies, projects and plans meetings, instruction pamphlets, public Services Manager. affecting this portion of the community to speeches, etc.) will require the new ensure that the extensive development/ Manager to extend their communications In the recent election, a $3.5 million growth related activity does not materially efforts and minimize any potentially bond issue for open space preservation disrupt the quality -of -life, services and adverse side effects of creating a new was passed. Construction of three new responsiveness of municipal government to i structure. parks, as well as expansion of four new the detriment of the citizens of Blaine. ballfields at the Baseball Complex are Capital Programs underway. The Public Services Manager Visioning Process will preside over the RFP process, Several major capital improvement contractor selection and have project Over 15+ years have passed since the programs and facilities construction management responsibilities (to delegate last comprehensive review or community- ' projects are expected to consume major or define) for all projects. Timely visioning process was conducted in Blaine. 4 : i Y� i ,� 9. y •Siam. `•_ Vx" � F .'�, ...T-.. r i input from citizens, employees and the neighborhood services; and strong ;;'.. , development community through public experience in quality growth" management. forums, surveys, random sampling, etc. A with urban P roven background working should be considered. The Public Services renewal, redevelopment and community Manager should make comprehensive based strategic planning programs must be recommendations to the City Manager and evident. While elements of the Comprehensive Plan City Council regarding such changes that have been updated on a periodic basis, would have a positive impact over the The position also requires superior the rapid pace of growth has not allowed City's responsiveness and overall customer managerial skills and team building the citizens, in general, to express their service efforts. background gained in a progressive and view or conceptualize what the community dynamic municipal government. The might look like in the next 20 years, EDUCATION AND EXPERIENCE in its Public Services Manager will function in ost desirable state. The new Manager an active role representing the City will be asked to evaluate the possibilities A Bachelor's degree in Urban or Regional Manager in key discussions and business and options for a comprehensive Planning, Public Administration, transactions. As a result, superior community visioning process, assisting the Architecture, Civil Engineering or related judgement, the ability to negotiate City Manager and City Council in assessing fields plus 7 to 10 years of senior effectively and fairly and properly the value of such a process, its costs, management experience in municipal represent the City must be part of the outcomes and related matters. This government with oversight for public experience profile. strategic planning /visioning effort could works, community development, planning, then serve as a blueprint for establishing redevelopment or development services is Candidates should have a broad new municipal goals /objectives in support desired. While technical expertise is knowledge of the principles and practices of citizen wishes. important, general management, strategic of urban and city planning, urban design, planning and fiscal management skills are architecture, civil or construction Work Simplification /Process clear points of emphasis. Experience as a engineering as applied to municipal Improvement Efforts City Manager, Deputy /Assistant City planning, growth management and Manager or major department director with development. Knowledge of building The new Manager will be asked to oversight responsibilities for high growth/ inspection and code enforcement closely examine and analyze development growth impact issues are most important techniques would be beneficial. Prior related administrative process with an eye experience factors. experience serving as a prime liaison and toward streamlining or simplifying such negotiating with developers, other processes, without sacrificing quality of Extensive experience in the use of governments, landowners and citizen effort /work product. Automation of technology applications is needed with groups is essential. Service in a high permitting processes, online access to GIS specific emphasis on project management growth community where customer information, posting of ordinances/ tracking, automated scheduling systems service, innovation and flexibility are ordinance revisions, property owner and job costing /project accounting stressed is also necessary. notifications and similar activities should systems. Experience and background be reviewed. "Fast tracking" of various should also include long -range and current CANDIDATE PROFILE permit processes for additional fees should planning; knowledge and prior work be explored with the development with the Uniform Building Code (UBC), The desired candidate will be an community and the citizens in general. zoning, site planning, subdivision and articulate, mature and highly skilled Efforts at work process simplification or large -scale capital improvement programs; . management professional whose streamlining should potentially include life safety, building and fire codes; knowledge extends beyond the traditional 5 candidate will have a strong commitment to 4 ; the promotion of diversity and equality of opportunity in the workplace. The Manager will be expected to transmit these values and commitments to his /her staff, those doing business with the City and the citizens of the community. Blaine's emphasis on quality of effort and product will demand that the new Manager be a recognized leader in his/ P her professional discipline, a major _ contributor to the activities of the Senior Management Team and be highly effective aspects of planning, public works, charged issues. The Manager must also be in all aspects of professional performance. engineering and community development. able to withstand pressure and not react The candidate must have superior negatively to conflict or confrontation. The COMPENSATION AND communication skills, both oral and written. ability to develop and communicate clear BENEFITS The new Manager will possess strong goals and objectives will be a valued trait intuitive skills as well as superior for the new Manager. The most appropriate A starting salary range from the high administrative abilities; the ability to analyze individual will be a strong mediator and $80's to the low $90's (dependent on professional and administrative problems and facilitator capable of synthesizing a wide experience) is available. An outstanding make sound recommendations is necessary. variety of viewpoints into cost - effective and program of benefits, working conditions, practical proposals. A strong service ethic, environment and quality -of -life amenities The new Public Services Manager will have desire for long -term affiliation with the City are available in Blaine. the strongest leadership skills possible, a style of Blaine and a highly professional approach which emphasizes tact and diplomacy, and to problem solving will be found in the the willingness to seek reasonable successful candidate. Preference will be compromise for the good of the organization given to candidates who have had and community. While having the capacity management and supervisory experience in to cope with extensive detail, the Manager fast growing communities with a population must be able to express complex matters in of at least 25,000 +. a succinct and effective manner. The Manager must also have an inclusive style, a The position is one of public trust and is willingness to delegate to professional staff, one of the most visible and potentially be accessible as a resource to team members controversial positions within the City. There CB E and be able to withstand pressures brought can be no question of personal/professional on by work load and frequent emotionally integrity, ethics or behavior. The selected APPLICATION AND SELECTION PROCESS For additional information regarding this position, please contact Mr. Jerry Oldani at: THE OLDANI GROUP 188 — 106 " Avenue NE, Suite 420 �- Bellevue, Washington 98004 Telephone: 425.451.3938 / Fax: 425.453.6786 E -mail: searches @theoldanigrout).com http:/ /www.theoldanigroup.co ~ The final filing date is ianuary 5. 2001. To be considered for this position, please submit a resume to THE OLDANI GROUP, INC. Following the filing date, resumes will be screened in relation to the criteria outlined in this brochure. Candidates with relevant qualifications will be given preliminary interviews with the Consultant. Interviews will be followed by reference checks after receiving the candidate's permission. Those deemed qualified will be referred to the City of Blaine for final interviews to be held in late February 2001. The City of Blaine is an Affirmative Action /Equal Opportunity Employer and values diversity at all levels of its workforce. M /F /H. 6 City Council Agenda Item No. 61 • There are no materials for this item. i i City ouncil Agenda Item No, 7 y g � CENt� BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Joel Downer, Chief of Police` Q DATE: December 18, 2000 SUBJECT: Private Kennel License Renewal The Brooklyn Center Police Department has not responded to any complaints regarding dogs disturbing or dogs at large since the City Council approved a private kennel license for the residents at 6730 Drew Avenue North on January 10, 2000. JD /jm kenneWmem APPLICATION FOR LICENSE RENEWAL License # 00000342 City of Brooklyn Center 6301 Shingle Creek Parkway C'Ity Of q � Brooklyn Center, Minnesota 55430 � TjL r ,� T 1 763 - 569 -3300 C EN?'ER 1 INSTRUCTIONS: L�il1 To renew license(s): make any Jeanne O'Brien necessary corrections, sign form and return to City of Brooklyn 67 th: Jeanne O'Brien Center, along with the license fees 6730 Drew Avenue North by 01/10/2001. Make check Brooklyn Center MN 55429 payable to: City of Brooklyn Center. LICENSE Issued To: Jeanne O'Brien Expires Units Fee DBA: Address: 6730 Drew Avenue North Private Kennel 01/10/2001 1 $30.00 Total Fee: $30.00 APPLICANT 174 Name: Jeanne O'Brien Address: 6730 Drew Avenue North Brooklyn Center, MN 55429 Contact/Attn: Telephone: Fax: Federal Tax Id: State Tax Id: Social Security: Exempt: INSURANCE Pursuant to Minnesota Statute, Section 176.182 proof of Workers' Compensation Liability is required. Insurance Company Name: ( NOT the insurance agent) Policy Number: Dates of Coverage: I am not required to have workers' compensation liability coverage because: (X) I have no employees () I am self - insured (include permit to self - insure) () I have no employees who are covered by the workers' compensation law (these include: Spouse, Parents, Children, and certain farm employees) "I certify that the information provided is accurate and complete to the best of my knowledge and that a valid workers' compensation policy will be kept in effect at all times as required by law." Information is collected to determine eligibility for license. Failure to provide information requested may result in denial of application. ra Si ''ature of Applicant Date I 6o. RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK . PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999-09, CONTRACT 1999 -F, ELEVATED STORAGE TANK REPAIR - TOWER #1 RESOLUTION NO. 00-12 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999 -09, CONTRACT 1999 -F, ELEVATED STORAGE TANK REPAIR - TOWER #1 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7. PUBLIC HEARING 7a. PRIVATE KENNEL LICENSE APPLICATION SUBMITTED BY CRAIG AND JEANNE O'BRIEN, 6730 DREW AVENUE NORTH City Manager Michael McCauley discussed the private kennel license submitted by Craig and Jeanne O'Brien, 6730 Drew Avenue North, was denied and that they would like to appeal the denial. Mr. McCauley asked to have City Attorney discuss the ordinance and process for the appeal. City Attorney Charlie LeFevere discussed the ordinance and stated that if the Council had no questions to proceed with the Public Hearing. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to open the Public. Hearing. Motion passed unanimously. Jeanne O'Brien addressed the Council and uestioned why the City Manager would consider her q Y �' having three dogs a health hazard. She keeps all three dogs in a fenced yard. When the dogs are outside they are chained up. All three dogs are spaded so they will not be having any more dogs. Mayor Kragness asked Ms. O'Brien how long she had lived in the City of Brooklyn Center and if she was aware of the City Ordinances. Ms. O'Brien responded that she had lived in the City for ce n approximately 22 years and that she was not aware of the City's Ordinance p ertaini n g g to dogs. is 01/10/00 -8- DRAFT Councilmember Nelson asked Ms., O'Brien if the three dogs were licensed. Ms. O'Brien responded that at this time they are not. She tried to get them licensed an d was told that she would need a private kennel license to have three dogs. Councilmember Lasman asked Ms. O'Brien about one of the responses e happened a long time agor ab one dog running at large. Ms. O'Brien responded that might but nothing recently. Since they are older they do not run that much. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. private A motion by Councilmember Nelson, seconded by Councilmember Hi the / pr o e passed kennel license until February 2001 at which time the Council will re view unanimously. r 8 COUNCIL CONSIDERATION ITEMS 8 SELECTION PRESIDING OFFICERS - MAYOR PRO TEM AND ACTING MAYOR PRO TEM Mayor Kragness requested approval of her nomination of Debra Hilstrom as Mayor Pro Tem and Kay Lasman as Acting Mayor Pro Tem. emb er Lasman to approve Debra Pe e seconded by Councilmember Councilmember pp , n A motion by Coun Pro Tem. Motion p and Kay Hilstrom as Mayor Pro Tem Y Lasm an as Acting Mayor unanimously. APPOINTMENT OF COUNCIL MEMBER TO SERVE AS CITY 8b. REPRESENTATIVE VQ 1. LEAGUE MINNESOTA ASSOCIATION NORTH 2. NO COMMUN 3. NORTHWEST SUBURBS CABLE CO MM COMMIS SION MUNICIPALITIES 4. ASSOCIATION OF METROPOLITAN M'�I Mayor Kragness req uested al of her nominations to the following: nested a pproval Debra Hilstrom League of Minnesota Cities: Mayor Kragness North Metro Mayors Association: i 01/10/00 -9- DRAFT City Council Agenda Item No. 8a MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist /t 1A- Subject: City Council Consideration Item - Planning Commission Application No. 2000- 023 Date: January 3, 2001 On the January 8, 2001 City Council Agenda is Planning Commission Application No. 2000- 023 submitted by Blumentals /Architecture, Inc. requesting Site and Building Plan approval for a 1,829 sq. ft. addition to the buildings at 5001 Drew Avenue North. . Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2000 -023 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their December 14, 2000 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. Application Filed on 11 -30 -00 City Council Action Should Be Taken By 1 -29 -01 (60 Days) Planning Commission Information Sheet Application No. 2000 -023 Applicant: Blumentals /Architecture Inc. Location: 5001 Drew Ave N Request: Site and Building Plan Approval The applicant, Blumentals /Architecture Inc. on behalf of the owner, William R. Stoner, is requesting site and building plan approval for a 1,829 sq. ft. addition connecting two existing structures located at 5001 Drew Avenue North. The property is located at the northwest corner of Drew and 50' Avenues North. It is bounded on the north by R -1 zoned land containing a single family home; on the east by Drew Avenue with R -5 zoned property on the opposite side of the street; on the south by 50"' Avenue with I -2 zoned property on the opposite side of the street; and on the west by R -4 zoned land containing a four plex addressed as 3616 50 Avenue North.. This property was the subject of a rezoning from C -2 (Commerce) to C -1 (Service /Office) under Planning Commission Application No. 98021 in October and November of 1998. The reason for that down zoning of property was to limit the allowable commercial uses of the property to strictly service /office uses which would allow an expansion of the building on the site and reduce the buffer zone required where more intense general commerce uses abut residentially zoned property. The proposed building addition would connect the two existing buildings on the site. The westerly building has been an accessory storage facility existing on the property prior to 1979. A gasoline station occupied the easterly building on the site prior to 1979 when it was converted to a restaurant. That building has been used for a variety of commercial uses since that time. Stoner and Associates utilizes the buildings as an office with accessory storage and a display studio at this time. They are in the outdoor furniture business. The planned expansion would be for some additional office and meeting room space plus more storage. ACCESS/PARKING Access to the site would continue with two existing curb cuts leading to parking on the site. Also, a curb cut and driveway currently exist in front of (50' Avenue) the storage facility. A new curb cut would be added on Drew Avenue to access new parking spaces to be provided on the north side of the building. The City Engineer has reviewed the proposal and does not have a problem with the additional access given the limited traffic associated with the use and the traffic in the immediate area. He anticipates no problems associated with this proposal. It should be pointed out that Section 35 -703 limits driveway separations on a single parcel in the business or industrial zoning districts to be at least 50 ft. apart, measured at the property line. The proposed plan shows the new access to be a little over 45 ft. from the existing one on Drew Avenue. Appropriate adjustments should be made to comply with this zoning ordinance provision. The • 12 -14 -00 Page 1 plan calls for 14 parking spaces on the site to accommodate 1,977 sq. ft. of office space and 2,950 sq. ft. of storage /studio or non -office space. The applicant is requesting consideration so that they would be required only to meet the service /office parking formula of one space for every 200 sq. ft. of actual office space and one space for every 800 sq. ft. for the storage /studio area. They have indicated a willingness to file a deed restriction to assure no greater occupancy than this for themselves and for future building owners. This type of restriction has been done in the past on a limited basis with a properly drafted deed restriction which is filed with the title to the property. DRAINAGE /GRADING/UTILITIES Little is anticipated in the need for drainage revisions to the site. The City Engineer has reviewed the plan and is comfortable with the proposed drainage. Utilities are existing in the right -of -way and no new additional utility hook ups are anticipated. B -612 curb and gutter will be required around all new driveway and parking areas. The site is less than five acres in area and no Watershed review is required. It should be noted that the addition and connection of the two buildings results in a building well in excess of 2,000 sq. ft. All of the buildings will have to have a fire sprinkler system that meets NFPA standards and be connected to a central monitoring device in accordance with city ordinances. The applicants have been advised of this requirement and will comply. LAND S CPAIN G /SCREENING As part of the site and building plan submittal, the applicant has submitted a landscape plan showing existing and proposed landscaping for the site. The site is approximately 20,250 sq. ft. in area requiring a minimum of 100 landscape points. The plan shows two existing shade trees and they plan to provide three additional trees between the two Drew Avenue entrances and to the north of the new entrance. There is a total of seven coniferous trees, four existing and three proposed. These trees are located along the 50 " Avenue green strip. A total of 19 shrubs will be provided including two existing juniper shrubs and two new juniper shrubs along the base of the building as well as ten new viburnum shrub in the green strip. Also a thick growth of lilac shrubs along the north property line exist. A new decorative tree will be placed by the front entrance to the building. All in all the total landscape points to be provided are 103, slightly in excess of the 100 required for this site. The zoning ordinance requires a 15 ft. buffer strip where C -1 uses abut R -1, R -2 or R -3 zoned property. This is being provided along the north property line. This provision of the ordinance also requires sufficient screening of the C -1 use including parking, from the abutting R -1 use with a minimum four foot high opaque fence or wall, or Council approved substitute. It should be noted that a six foot high wood fence is shown on the survey surrounding the north and west property lines of this site, however, the fence is on neighboring property. Practically speaking it does provide screening of the C -1 use from the neighboring residential uses. Control of this screening device is not with the applicant and can be removed. It is important that approval of this application acknowledge sufficient screening of this site should the existing screening be discontinued. The Commission may wish to look at the site in more detail and perhaps require additional plantings or other type screening to assure that proper screening is provided. • 12 -14 -00 Page 2 BUILDING As mentioned previously, the applicant's proposal is to connect the two existing buildings on the site with an approximate 1,829 sq. ft. addition between the two buildings. The new addition would provide storage and showroom space in addition to office and meeting room space. Internal connections between the existing spaces would also be provided. The building elevations show a stucco finish around all four sides of the building. A new double door entrance will be provided at the southeast corner of the building. It is my understanding that some of the wood mansard on the site will be removed. More detail about the building elevations is in order. LIGHTING /TRASH A new trash enclosure area is shown at the northwest portion of the site. No material is indicated on the plan. It is recommended that the trash enclosure facility be masonry, matching the exterior of the main building. It should also be noted that solid opaque gates are required. No lighting is indicated on the site plan and it is not anticipated that freestanding lighting will be provided on the site. Wall mounted fixtures could be included but, again, are not indicated. The chief concern with any lighting is that it be directed down onto the site and not create glare. RECOMMENDATION All in all, the plans appear to be in order and approval of this application is recommended subject to at least the following conditions: 1. The building plans are subject to review and approval by the Building Official gP J with respect to applicable codes prior to the issuance of permits 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all approved site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The entire building is to equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 12 -14 -00 Page 3 7. Plan approval is exclusive of all si ne which is subject to Chapter 34 of the city pp g �' J P ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility rvice lines prior to release of the performance guarantee. t3' p p �' 10. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering department. 11. The plans shall be modified prior to issuance of building permits to provide a minimum of 50 feet between the accesses on Drew Avenue and to provide additional shrubs for screening purposes along the north side of the site. 12. The landscape screening plan, as revised, is deemed to be appropriate screening meeting the intent of the city ordinance for screening between a service /office use and R -1 zoned property. 13. The owner of the property shall enter into a restrictive covenant, as approved by the City Attorney, limiting the occupancy of the building to that comprehended by available parking. Said covenant shall be filed as a deed restriction with the title to the property at Hennepin County. • 12 -14 -00 Page 4 � S j Jw at 2 � I •sue � a � - �� 4 � } 7 � oil MINIMUM UP ,�,�_ • wv r r .IJ aC . a V a u . 1ry�!!.� 1 I9GiJ a n c3mLx_ - 1 CL I LA i Olt — '101 - 0J71 , UERTIFICA OF SUR • � 111 t r 14V i Vt N. ti A 16 +(13Y V1 GARA o �t,eclC I , � wt�.c p •ivr sQi'r /� f' /3,S;,e4 lf� , "'7-- --•- -- rah �.,�...✓f 1 • �� r ---- s"oIW C DENOTES I RON FOVNO L40AG DBfeRiFrl0# r DENOTES IRON SET ® W"t 135 feet of the "Ot 1155 fast Of the' n' orth 1$0 fiat r+ of the Mouth 189 Beat of the northwtat quatrt*r of the acouthw&at quarter of the northcaaA ' quartar, • of "c— tl.an- 10; To"sh1p 13,5, Range 21. 4por sao P v %E PR NO• REVISI � o 1100 ava �rw,�i+•1 r,r h,w rr, J w .,� nlaloel tttwAr ntw NY1d 31A - } III HOLLJOGY 931Y[O M ONY MOM �.�. ... - fit z� ainQ .tg un c.y nN i-al'o�d ,F i aim cscs•�• t•c , »iva� -3 SEZ - .8-arss m aop-q ••^YO uwi8 •VO3 SiL• • t gYIl1O *DoJ aftRM'W f • am / L •b• /�M4 Ate• � "mow t «•O v im M ■Vr91O1 C wtMw. ro.w G d iw�mv w • wu raw 0.10" tam 1 '611 so" ■ t• .0.0 wnurro'xa wows '' � PPv"1d 3d7�SC1NV''1 l J / MMM avow MM r R •/w 4wr a -1u • soil" wt7YYN00 i • ,�j± -: wiu iNIA/ Mma N " 1 tl 101 .r." s ° „i ra Yu a --- WMAMA0W13 t • r Y j/ �t all w10tI OGNM roil" wwazo00 04IM>41 S r t sm" huair mwm t fiftD lWNMt'wrJ/0� ('� � 99ML AMOlf~ wG1101:f10 tVIWw7a® - J tt10fY010r0 ----------------------- SMIOK.Li1 0 WM,w• .ate - worm ONNOW Or." 40" It ,.� ..a rgWFC w .caorcwc n+ 'i N I Imo• �`� , I I W ill I 1BUILDING PLAN nAmrnulwt, prlurzo Va.. r-r © an+O dow • © "rom"s now I 6- • R • ' p � Jaw E." .0— - e,3s con. e�... a. ». o-e.m {} •IAlMMeD • • • ••, • • • • �� N• 763 4 1815737 L.- �iNe11iLPIHTN.OP01et0 /tiM • 1 pq� � .. + 783.5011914 F" 1 Mo•dumenlaH.eam `— ie•Iw1 •�N D•ellp IIIMI • q EAST ELEVATION 6OUTH ELEVATION p� rya, 11 Illy Dote n Ntvblani S 6 ASSOC BLHWING ADDITION I F ' •{` .. .'. a .�M1 '' C,. • a •' � . ' ' • •.♦ � a l , 4.1 •.1••j•••.a�l••L4�•` ., BUILDING PLAN i ELEVATIONS UIEST ELEVATION w �•- =� NORTH ELEVATION A 2 I ELEVATIONS 1 Ur . r-r MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 14, 2000 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:32 p.m. ROLL CALL Chair Tim Willson, Commissioners John Whitehead, Sean Rahn, Dianne Reem, Rex Newman, Graydon Boeck, and Stephen Erdmann. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Nancy Czajkowski. APPROVAL OF MINUTES - NOVEMBER 30, 2000 There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to approve the minutes of the November 30, 2000 meeting as submitted. The motion passed unanimously. Commissioner Erdmann abstained as he was not at that 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. 2000-023 - (BLUMENTALS /ARCHITECTURE INC.) Chair Willson introduced Application No. 2000 -023, a request from Blumentals /Architecture Inc. to seek Site and Building Plan approval to construct a 1,829 sq. ft. addition connecting two existing structures located at 5001 Drew Avenue North. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property and the proposal. (See Planning Commission Information Sheet dated 12/14/00 for Application No. 2000 -023 attached.) The proposed building addition would connect two existing buildings on the site. The westerly building has been an accessory storage facility existing on the property prior to 1979. A gasoline station occupied the easterly building on the site prior to 1979 when it was converted to a restaurant. That building has been used for a variety of commercial uses since that time. Stoner and Associates utilizes the buildings as an office with accessory storage and a display studio at this time. They are in the outdoor furniture business. The planned expansion would be for some additional office and meeting room space plus more storage. Staff recommends approval subject to thirteen conditions. Commissioner Boeck asked about the requirement in condition 11 to have a minimum of 50 feet between the accesses on Drew Avenue and noted it is not indicated on the plan. Mr. Warren responded the plan would need to be revised prior to issuing the building permit. • 12 -14 -00 Page 1 Commissioner Boeck asked if each would be placed at 20 feet. Mr. Warren responded that approach would work. Commissioner Boeck asked for further clarification regarding proposed landscaping and screening. Mr. Warren responded the plan indicates the lilacs to the north would provide screening. He stated staff is proposing modification to that area by in filling with lilacs. He noted there is a fence to provide screening, but it is not under the control of the applicant. He stated staff suggests an in fill of lilacs in this area in the event the fence goes down. Commissioner Boeck stated condition 12 could be revised to include additional lilacs to the west of the existing plants. Mr. Warren responded the Commission could recommend that what is there is acceptable. Commissioner Reem asked for clarification on condition 13. Mr. Warren responded condition 13 should be accomplished prior to issuance of a building permit. He stated condition 13 requires the building must remain that way and not be converted to an office if it is sold. Commissioner Reem asked if there needs to be any additional language. He stated the City Attorney would draft the language. He added staff would see that it is filed and recorded to provide notice to future buyers. Commissioner Reem asked if the showroom space includes room for clients. Mr. Warren responded there could be clients since they display patio furniture. He stated the first building is primarily for offices for the operation and there is storage in the old garage. He noted the addition is for storage and display. • Commissioner Reem asked if there is a lot of traffic. Mr. Warren responded no since it is not a retail operation. He stated the business is more of a distribution operation. Mr. John Klockeman, of Blumentals /Architecture, Inc., stated the plan has already been revised with the accesses at 20 feet/ 20 feet as suggested by Commissioner Boeck. He noted the exterior of the building would be uniform stucco. Commissioner Newman asked about access to storage to the west. Mr. Klockeman responded there is a narrow driveway for deliveries from UPS and Federal Express. Mr. William Stoner, the owner, explained they are a manufacturer's agent, which represents more than one company that manufactures patio furniture. He noted they sell to retailers like Menards, Knox, and Target. He added he wants to make this one building so the operation is more efficient. He stated they display patio furniture. He noted they display products so the buyers from his clients can view the products in order to change assortments. Mr. Stoner stated they currently have a truck to transport the furniture to rented showrooms. He noted they are trying to eliminate this need by establishing their own showroom. He detailed the efficiencies of the plan. • 12 -14 -00 Page 2 Commissioner Boeck asked if Mr. Stoner had warehouse space at a different location. Mr. Stoner responded they are not a distributer. He stated they are salesmen and only have samples. He noted the manufactures hire them as agents to sell the products. He added he represents companies all over the world. He stated there would only be three buyers at the most on the premises at one time. He noted he has five people currently working in the building. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO APPROVE OF APPLICATION NO. 2000 -023 - (BLUMENTALS/ ARCHITECTURE INC.) There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 2000 -023, submitted by Blumentals /Architecture Inc. for site and building plan approval to construct a 1,829 sq. ft. addition connecting two existing structures located at 5001 Drew 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. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all approved site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The entire building is to equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 12 -14 -00 Page 3 10. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering department. 11. The plans shall be modified prior to issuance of building permits to provide a minimum of 50 feet between the accesses on Drew Avenue. 12. The landscape plan shall be modified to provide additional shrubs for screening purposes along the north side of the site, to include planting of lilacs to the west of the existing plants. The landscape screening, as revised, is deemed to be appropriate screening meeting the intent of the city ordinance for screening between a service /office use and R -1 zoned property. - 13. The owner of the property shall enter into a restrictive covenant, as approved by the City Attorney, limiting the occupancy of the building to that comprehended by available parking. Said covenant shall be filed as a deed restriction with the title to the property at Hennepin County. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, Reem, and Whitehead. The motion passed. The Council will consider the recommendation at its January 8, 2001 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 Mr. Warren explained he has distributed the 2001 calendar. He stated the meetings are normally held the Thursday after each City Council meeting. Chair Willson requested the January 25th meeting be moved to January 24, 2001. Mr. Warren stated the meeting could be shifted. There was a motion by Commissioner Reem, seconded by Commissioner Whitehead, to accept the 2001 schedule as amended to change the January 25, 2001 meeting to January 24, 2001. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, Reem, and Whitehead. Mr. Warren stated he has passed on to the city clerk's office the comments by each of the members whose term is expiring. He noted all of them wish to continue for an additional term. He added this should be addressed at the January 8, 2001 meeting of the City Council. There was no other business. • 12 -14 -00 Page 4 ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:16 p.m. Chair Recorded and transcribed by: Nancy Czajkowski TimeSaver Off Site Secretarial, Inc. 12 -14 -00 Page 5 City Council Agenda Item No. 9a adoption: resolution introduced the and moved its RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DEBRA HILSTROM FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER WHEREAS, Debra Hilstrom served as a member of the Brooklyn Center City Council from January 1, 1995, through January 1, 2001; and WHEREAS, Ms. Hilstrom was elected to the Minnesota House of Representatives to serve residents of District 4713; and WHEREAS, her service to the City and her consistent leadership have contributed substantially to the sound progress and development of the city; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her services and achievements for the betterment of the city be permanently recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Debra Hilstrom is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service she had rendered and the benefits she has secured to the citizens of the City of Brooklyn Center, and we wish her well on her new endeavors in the State Legislature. 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 ad y p opted. City Council Agenda Item No. 9b Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Mana er FROM: Sharon Knutson, City Clerk DATE: January 4, 2001 SUBJECT: Resolution Calling Special Election to Fill a Council Vacancy Councilmember Debra Hilstrom resigned from the Brooklyn Center City Council effective January 1, 2001, to serve as State Representative for District 47B. Councilmember Hilstrom's term of office expires December 31, 2002. Section 2.05a of the City Charter provides that the City Council must call a special election when a Council vacancy occurs and the unexpired term in one year or longer. The Charter also states the election will be held not sooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy. Therefore, the window of time when a special election must be held is April 1 through May 1, 2001. With a special election, procedures must conform as nearly as possible to State Statutes as that i prescribed for other municipal elections. M.S. 205.13, subd. la provides that an affidavit of candidacy must be filed not more than 70 days and not less than 56 days before the municipal primary. In order to comply with the law which requires notice of filing affidavits be published at least two weeks prior to the first date for filing, notice must be published in the Brooklyn Center Sun -Post January 16, 2001, submitted to the editor by January 10, 2001. These dates would comply with State Statutes as long as the special primary election date is April 17, 2001. The attached resolution complies with Section 2.05a of the City Charter and calls the special election and sets the date for May 1, 2001, and April 17, 2001, for the special primary election, if necessary. The resolution also sets the dates for filing affidavits of candidacy from 8:00 a.m., Tuesday, February 6, until 5:00 p.m., Tuesday, February 20, 2001. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLING SPECIAL ELECTION TO FILL A COUNCIL VACANCY WHEREAS, Councilmember Debra Hilstrom resigned from the Brooklyn Center City Council effective January 1, 2001, to serve as State Representative for District 4713; and WHEREAS, Councilmember Debra Hilstrom's term expires December 31, 2002; and WHEREAS, Section 2.05a of the Brooklyn Center City Charter provides that "If the unexpired term of the council vacancy is one year or longer, a. special election shall be called by the Council or by the City Clerk if the Council fails to act within thirty (30) days. The election will be held not sooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held." NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. A vacancy in the Councilmember position previously occupied by Councilmember Debra Hilstrom is hereby declared. 2. A special election to fill said Council vacancy is hereby called and shall be held at the regular polling places in the City on the 1 S` day of May, 2001. 3. A special primary, if necessary, for the selection of two nominees for the Council vacancy is hereby called and shall be held at the regular polling places in the City on the 17` day of April, 2001. 4. Affidavits of candidacy shall be filed in the Clerk's office from 8:00 a.m., Tuesday, February 6, 2001, until 5:00 p.m., on Tuesday, February 20, 2001. 5. The Clerk is authorized and directed to publish a notice stating the first and last dates on which affidavits of candidacy may be filed in the Clerk's office and the closing time for filing on the last day for filing. 6. The Clerk is authorized and directed to cause notice of the time and places of holding such election(s) and of the issue to be submitted to the voters by publishing a notice thereof once each week in the official newspaper of the City for three (3) successive weeks prior to said election. RESOLUTION NO. 7. Such election shall be held and conducted and the returns thereof made and canvassed in the manner prescribed by law for such an election in the City. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9c Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk jVW - x/m w. DATE: January 3, 2001 SUBJECT: Select Presiding Officers - Mayor Pro Tem and Acting Mayor Pro Tem Section 2.06 of the City Charter requires the Council to choose from its members a Mayor pro tem who shall hold office at the pleasure of the Council and shall serve as Mayor in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. City Council Resolution No. 92 -262, Establishing and Designating an Acting President Pro Tem of the City Council, states the most senior Council member shall preside in the absence of both the Mayor and Mayor pro tem, and that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. Following is a list of Council members by seniority. • Kay Lasman (elected November 5, 1996, with 5,775 votes) . • Bob Peppe (elected November 5, 1996, with 5,092 votes) • Ed Nelson (elected November 3, 1998, with 4,560 votes) In 1998, Kay Lasman was appointed Mayor pro tem and Debra Hilstrom was Acting Mayor pro tem. In 1999, Bob Peppe was appointed Mayor pro tem and Debra Hilstrom was Acting Mayor pro tem. In 2000, Debra Hilstrom was appointed Mayor pro tem and Kay Lasman was Acting Mayor pro tem. For 2001, Mayor Kragness has indicated that she would ask for Council approval of her nomination of Kay Lasman as Mayor pro tem. Bob Peppe would serve as Acting Mayor pro tem. Attachment: Resolution No. 92 -262 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Member Dave Rosene introduced the following resolution and moved its adoption: 92 -262 D RESOLUTION NO. RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2.06 of the Brooklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tem who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tem may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS, the City Council desires to provide for an acting president pro tem who shall serve in the absence of the Mayor and president pro tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the most senior Councilmember shall preside in the absence of both the Mayor and Mayor pro tem. BE IT FURTHER RESOLVED that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. November 23, 1992 Date Todd Paulson, Mayor ATTEST: P D k The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen , and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. i City Council Agenda Item No. 9d Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk JWVM*M"M— DATE: January 3, 2001 SUBJECT: Resolution Expressing Recognition and Appreciation of Members Who Have Served on City Advisory Commissions The attached resolution recognizes the public service of citizens who have voluntarily served on the City i advisory commissions and have either resigned as commission members during 2000 or terms expired. Also attached is a sample Certificate of Appreciation which will be presented to these commission members at the annual April commission recognition. i Attachment • 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS WHEREAS, several citizens have voluntarily served on City Advisory Commissions; and WHEREAS, their public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, their leadership and expertise have been greatly appreciated by the Brooklyn Center Advisory Commissions; and WHEREAS, it is highly appropriate that each member's service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of: Donald Arm, Housing Commission 6/9/97 - 5/16/00 Muhammed Okoya - Lawal, Housing Commission 12/14/98 - 5/16/00 John Solomon, NWHHSC Advisory Commission 9/14/98 - 12/31/00 is hereby recognized and appreciated by the City of Brooklyn Center and staff is directed to prepare individual certificates of appreciation for each commission member. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Certtft of Presented to _ DonaldArm In recognition of your dedicated service to the City of Brooklyn Center as a member of the Housing Commission June 9, 1997 — May 16, 2000 Myrna Kragness, Mayor - r City Council Agenda Item No. 9e City of Brooklyn Center Office of the Mayor • A Millennium Community MEMORANDUM TO: Councilmembers Lasman, Nelson, and Peppe FROM: Myrna Kragness, Mayor DATE: January 3, 2001 SUBJECT: Mayoral Appointments of Council Liaisons to City Commissions for 2001 At the January 8, 2001, meeting, I would like to discuss and make appointments of City Council Members g pp ty to serve as Council Liaisons to City Advisory Commissions and the Northwest Hennepin Regional Human Rights Commission and Northwest Suburbs Cable Communications Commission. In 2000, Council Members served on the City Advisory Commissions as follows: Commission Council Member Financial Debra Hilstrom Housing Robert Peppe Regional Human Rights Kay Lasman Park and Recreation Ed Nelson NW Suburbs Cable Communications Ed Nelson 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. 9f Office of the City lerk lox Y City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk 'SS"* /Ni/vti DATE: January 3 2001 SUBJECT: Mayoral Appointments to City Advisory Commissions Several commission member terms on City advisory commissions expired December 31, 2000. Prior to term expiration, City staff liaisons to the commissions polled the members whose terms would expire to determine their interest in continuing serving on their respective commissions. All members indicated they wished to continue their voluntary public service on their respective commissions. Mayor Kragness sent a letter to the City advisory commission chairpersons requesting input regarding participation and attendance of these members. Mayor Kragness talked with each of the chairpersons, and they responded that they would recommend reappointment of the commission members. Attached is a memorandum from Mayor Kragness indicating her nominations. Also attached are the procedures for filling commission vacancies adopted by the City Council on March 27, 1995. Materials regarding the commissions is attached, including a table which indicates the geographical distribution by neighborhood of the current members of the commissions and an attendance record of the commission members for 2000. Recommended Council Action: I. Motion by Council to ratify the nominations of Mayor Kragness with terms expiring as follows: Financial Commission - term to expire 12/31/2003 Housing Commission - term to expire 12/31/2003 Park and Recreation Commission - term to expire 12/31/2003 Planning Commission - term to expire 12/31/2002 NW Suburbs Cable Communications Commission - term to expire 12/31/2001 Attachments 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 OX City of Brooklyn Center Office of the Mayor A Millennium Community MEMORANDUM TO: Councilmembers Lasman, Nelson, and Peppe FROM: Myrna Kragness, Mayor, DATE: January 3, 2001 SUBJECT: City Advisory Commission Nominations As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the nomination of the following persons: Financial Commission Jerald Blarney 7136 Willow Lane North Mark Nemec 5538 Camden Avenue North Housing Commission Kathleen Carmody 7024 Knox Avenue North Ernie Erickson 6800 Drew Avenue North Martin Frawley 6219 Chowen Avenue North Park and Recreation Commission John Russell 5312 North Lilac Drive Thomas Shinnick 5324 Oliver Avenue North Planning Commission Graydon Boeck 5601 Indiana Avenue North Sean Rahn 5740 Irving Avenue North Dianne Reem 6225 Chowen Avenue North Tim Willson 7007 Dallas Road Northwest Suburbs Cable Communications Commission Rex Newman 3107 61 S` Avenue North I , i 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City of Brooklyn Center Procedures for Filling Commission /Task Force Vacancies Adopted by Council 3/27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. PROCEDUR.CC Financial Commission The Financial Commission is composed of a chairperson and six members, with members serving a three -year term. On December 31, 2000, the Financial Commission terms of Jerry Blarney and Mark Nemec expired. Both Mr. Blarney and Mr. Nemec wish to continue their voluntary public service on the Financial Commission. Housing Commission The Housing Commission is composed of a chairperson and eight members, with members serving a three -year term. On December 31, 2000, the Housing Commission terms of Ernie Erickson, Kathleen Carmody, and Martin Frawley expired. Mr. Erickson, Ms. Carmody, and Mr. Frawley wish to continue their voluntary public service on the Housing Commission. Park and Recreation Commission The Park and Recreation Commission is composed of a chairperson and six members, with members serving a three - year term. On December 31, 2000, the Park and Recreation Commission terms of John Russell and Thomas Shinnick expired. Mr. Russell and Mr. Shinnick wish to continue their voluntary public service on the Park and Recreation Commission. Planning Commission The Planning Commission is composed of a chairperson and six members, with members serving a two -year term. On December 31, 2000, the Financial Commission terms of Graydon Boeck, Sean Rahn, Dianne Reem, and Tim Willson expired. Mr. Boeck, Mr. Rahn, Ms. Reem, and Mr. Willson wish to continue their voluntary public service on the Planning Commission. Northwest Hennepin Human Services Council Advisory Commission The Northwest Hennepin Human Services Council Advisory Commission is composed of two residents from each participating City, with members serving a two -year term. On December 31, 2000, the Northwest Hennepin Human Services Council Advisory Commission term of John Solomon expired. Mr. Solomon has not been attending the Commission meetings, and it is recommended that his term expire and the City begin the recruitment process for a member to serve on the Northwest Hennepin Human Services Council Advisory Commission. Northwest Suburbs Cable Communications Commission The Northwest Suburbs Cable Communications Commission is composed of two representatives from each . participating City, one of which is a representative of the City Council and the other a resident of the city, with members serving a one -year term. On December 31, 2000, the Northwest Suburbs Cable Communications Commission term of Rex Newman expired. Mr. Newman wishes to continue her voluntary public service on the Northwest Suburbs Cable Communications Commission. City of Brooklyn Center Financial Commission Geographical Distribution (Chairperson and Six Members) Current Members January 3, 2001 r oods oh urrent Neighborhoods Members ' C b s Southeast Mark Nemec 5538 Camden Avenue North Northeast Jerald Blamey 7136 Willow Lane North Gavin Wilkinson 7221 Willow Lane North i Northwest West Central Timothy Elftmann 5301 Howe Lane Lawrence Peterson 5830 June Avenue North Central Donn Escher 3107 65th Avenue North Southwest Jay Hruska 5012 North Lilac Drive i City of Brooklyn Center Housing Commission Geographical Distribution (Chairperson and Eight Members) Current Members January 3, 2001 Neighborhoods Current Members uimiuuuuuuuummumu Southeast Northeast Kathleen Carmody 7024 Knox Avenue North Lloyd Deuel 1606 72nd Avenue North Northwest Elizabeth Davis 6936 France Avenue North . Ernie Erickson 6800 Drew Avenue North Shawn Taylor 3955 69th Avenue North i West Central Dennis Snook 5836 Halifax Avenue North Michael VonDelinde 5312 Boulder Lane Central Martin Frawley 6219 Chowen Avenue North Mark Yelich 6018 Beard Avenue North Southwest • City of Brooklyn Center i Park and Recreation Commission Geographical Distribution by Park Service Area (P.S.A.) (Chairperson and Six Members) Current Members January 3, 2001 Park Service ry ce Ar ea ur : ��rrr���rr�rr�rr�� >> C rent Members P.S.A. I Thomas Shinnick 5324 Oliver Avenue North P.S.A. II Gail Ebert 1613 Irving Lane P.S.A. III Bud Sorenson 6901 Toledo Avenue North i Richard Theis 3006 Thurber Road. P.S.A. IV P.S.A. V Art Mead 3825 56th Avenue North Don Peterson 3715 58th Avenue North John Russell 5312 N. Lilac Drive i City of Brooklyn Center Planning Commission Geographical Distribution (Chairperson and Six Members) Current Members January 3, 2001 Neighborhoods hood s u C rrent Members Southeast Northeast Sean Rahn 601 70th Avenue North, # 114 Tim Willson 6718 Colfax Avenue North Northwest John Whitehead 4807 Wingard Place West Central Stephen Erdmann 4919 61 st Avenue North Central Rex Newman 3107 61 st Avenue North Dianne Reem 6225 Chowen Avenue North Southwest Graydon Boeck 5601 Indiana Avenue North • CITY OF BROOKLYN CENTER FINANCIAL COMMISSION ATTENDANCE Term Expires 1/13/00 3/2/00 5/4/00 6/19/00 10/5/00 11/9/00 Donn Escher 12/31/02 Y Y Y Y Y Y Lawrence Peterson 12/31/01 Y Y Y N N Y Jay Hruska 12/31/01 Y Y Y Y Y Y Jerry Blarney 12/31/00 Y Y Y Y Y E Tim Elftmann 12/31/02 Y Y Y Y Y N Gavin Wilkinson 12/31/02 Y Y Y Y E Y Mark Nemec 12/31/00 Y Y Y Y Y Y LEGEND Y The Commissioner was in attendance. E The Commissioner was absent, but contacted the Chair prior to the meeting to be excused. N The Commissioner was absent and not excused. VAC The Commissioner's term has expired or he /she has vacated the appointment. fincomm\attend 1/3/01 11:53 AM Du ATTENDANCE RECORD NAME 1 /00 2/00 3/00 4/00 5/00 9/00 10 /00 11 /00 12/00 Ernie Erickson X X X E X E'' X X Muhammed Okoya -Lawal X U U U U R j R R Lloyd Deuel X X X X E E! X E Kathleen Carmody X X X X X X E X Michael VonDeLinde X j X X E X X X X Mark Yelich X X E X X X X X Donald Arm X I E X X X R R R James Lano U U R R R R R R Dennis Snook appointed 1/24/00 -- X X X U X X X Martin Frawley appointed 5/22/00 -- -- -- -- -- X E X Shawn Taylor appointed 7/10/00 -- -- -- -- -- X X E Elizabeth Davis appointed 7/10/00 -- -- -- -- -- X X E X = Present E = Excused U = Unexcused R = Resigned i CITY OF BROOKLYN CENTER PARKS AND RECREATION COMMISSION Meeting Attendance 2000 tb 1� gw No No INo No No .7.,00 Y 01" Meet Meeting Meeting Meeting Bud Sorenson P P P P P P P Art Mead E P P P P P E Rich Theis P P E E P E P Don Peterson E E P P P P P John Russell P E P P P P E Tom Shinnick P P P P P P P Gail Ebert P P P P P P P P = Present E = Excused A = Absent • 0 • Planning Commission Attendance for 2000 John Whitehead Tim Willson Grady Boeck Stephen Erdmann Sean Rahn Dianne Reem Rex Neuman Jan 13 X X X X X X X Jan 27 X A &E X X A &E X X Mar 16 X X X X X X X Mar 30 X X A &E X X X X Apr 27 X X X X X X X May 11 X X A &E X X X X May 25 X X X X X X X June 15 A& E X X X X X X June 29 X X X X X X X July 13 X X X - A X A& E X July 27 X X - - - A X X A Aug 10 X A &E X X A &E X A Sept 14 A& E X X X X X X Oct 12 X A &E X X A &E A &E X Nov 30 X X X A& E X X X I City Council Agenda Item No. 9g i i Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk c� DATE: January 3, 2001 i Member to Serve as City SUBJECT: Appointment of Counc Y p p p Following is a list of boards, committees, or commissions that require a City Council representative be appointed annually: • League of Minnesota Cities • North Metro Mayors Association • Northwest Suburbs Cable Communications Commission • Association of Metropolitan Municipalities • Crime Prevention Program 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City Council Agenda Item No. 9h City of Brookl � o n Center Office of the City Manager A Millennium Communit MEMORANDUM TO: Mayor Kragness, Councilmembers Lasman, elson, aA Peppe FROM: Michael J. McCauley, City Manager DATE: January 3, 2001 SUBJECT. Resolution Declarin g Commitment to the Brooklyn Center City Ch arter Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions On June 22, 1992, Resolution No. 92 -149 was adopted by the City Council. The last paragraph of the resolution directs the City Manager to place it on the agenda for readoption the first meeting of the City Council each January as information and reminder of Council /Manager responsibilities. 's • 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569-3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council/Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commissions other than advisory boards or commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and WHEREAS, the Charter provides for four Council members and a Mayor, all elected at large, with the Mayor entitled to a single vote as other Council members and who in addition serves as presiding officer of the Council and as official head of the City for ceremonial purposes; and WHEREAS, the Charter provides that "the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City "; and WHEREAS, the Charter provides that "the Council and the City Manager, or either of them, and any officer formally authorized by them, or either of them, shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books and papers "; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this . Charter; and RESOLUTION NO. WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to police its own conduct and to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council: 1. To rededicate itself to the spirit and letter of the City Charter, and to call to account any of its members who ignore the spirit and letter of the City Charter. 2. To rededicate itself to the checks and balances of the City Charter that keep City government accountable and to reaffirm its commitment to the first amendment rights of the U.S. Constitution. 3. To pledge that no employees suffer recriminations, abuse or humiliation for acting in a forthright, proper, honest, and candid manner in performing their responsibilities. 4. To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner. Any City officials or employees, elected or appointed, who engage in conflict of interest or who use their positions in a self - serving manner, having the effect of promoting their own financial interest or the financial interest of a friend, associate, business employer, or relative instead of the is public interest, shall be subject to censure by the City Council. RESOLUTION NO. • 5. To direct the City Manager to place this resolution for readoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council /Manager responsibilities. Date Mayor ATTEST: City Clerk • The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 9i r ��' ° y ° o uN T�F r RA R Brooklyn Center Fire FIRE DEPT. Memorandum TO: Michael McCauley City Manager FROM: Ron Boman Fire Chief' SUBJECT: Donation To Brooklyn Center Fire Dept. DATE: December 20, 2000 I have received checks totaling $21,490 from the family of Gary and Mickie Koerner 42 year residents of 6425 Orchard Ave. No. The family has donated the money for a Thermal Imaging Camera and a couple of LifePak AED's or heart start units if there is enough money. I given finance the checks to deposit. I have enclosed copies of the correspondence from Mr Bob Emmerich who has been my contact. Bob and Rosemary Emmerich 6188 Crampton Drive North Keizer, Oregon 97303 -7450 503- 390 -1626 Phone or Fax Mr. Ron Bowman - December 15, 2000 Fire Chief Brooklyn Center Fire Department 6645 Humboldt Ave. North Brooklyn Center, Minnesota 55430 Hi Ron: Enclosed are the checks for the purchase of equipment for the Fire Department as a memorial to my Mom and Dad. There is a total contribution of $21490.00. This should provide sufficient funds to purchase the Thermal Imaging Camera and two LifePak AED's. A few people gave us some cash and we've included that and the proceeds from the estate sale in the check from Rosemary and I for $20200. Attached is a list of contributors. We would appreciate a letter of thanks from the city to these people. A letter from the City to Rosemary and I acknowledging the contribution is all we need. Thanks? A suggestion for the plaque follows. IN LOVING MEMORY OF (PHOTO HERE) GARY AND MICKIE KOERNER 42 YEAR RESIDENTS OF ORCHARD AVENUE THANKS TO THE BROOKLYN CENTER FIRE DEPARTMENT FOR GREAT RESPONSE TO OUR NEEDS DONATED BY FAMILY AND FRIENDS LIST THE EQUIPMENT HERE b Bob and Rosemary Emmerich 6188 Crampton Drive North Keizer, Oregon 97303 -7450 503- 390 -1626 Phone or Fax Some suggestions for the plaque. * Whatever size is needed. Maybe 11x14 will be needed in order to make room for the lettering. * Black Walnut wood would be great. Gary used to make a lot of items from Black Walnut. * Perhaps-place the photo under glass. * Lettering in black on a metal Brass background. That's enough ideas from me. Whoever you have make the plaque will probably have some good ideas. Ron, thanks for taking the time working with me on this. Please give me a call to confirm receipt of this letter and to discuss any questions you may have. Regards; Bob and Rosemary Emmerich • Bob and Rosemary Emmerich 6188 Cranmpton Drive North Keizer, Oregon 97303 -7450 503- 390 -1626 Phone or Fax In addition to Bob and Rosemary the following people contributed to the memorial for Gary and Mickie Koerner. It would be nice if they received a letter of thanks from Brooklyn Center. Something that tells them they were part of a contribution in excess of $20,000 and mentions the three pieces of equipment that will be purchased in their memory. If it is not inconvenient a photo of the completed plaque sent to these people along with the letter would be fantastic. Mary Cay Arnzen Chris and Diane Brelie 101 21 st Ave No. 1151 Ski Hill Road C - 0 0 St. Cloud, Mn 56303 Two Harbors, Mn 55616 Anthony and Margaret Cremers Bill and Jan Edmonds 1 O 2800 County Road 82 N W y0 "o0 6431 Orchard Ave No. Alexandria, Mn 56308 Brooklyn Center, Mn 55429 Charles and Lois Froebel Bill and Judy Grunewald 6437 Orchard Ave No. 50 2600 S E Ocean Blvd Bldg X -3� Brooklyn Center, Mn 55429 Stuart, Florida 34996 Ken and Shannon Holbeck Scott and Karen Sparks t o o .. 00 3644 Maple Lane k o o 173 83 N W Millbrook Street Eveleth, Mn 55734 Portland, Oregon 97303 Maryan " Pudge " Koerner 5' p • �� Ms. Jerry Struzyk 1505 Northwest Scenic Drive 2309 10th Ave So. Sauk Rapids. Mn 56379- St. Cloud, Mn_56301" City Council Agenda Item No. 9j CARSON, GLELLAN - D Se SGHIPEDEP, ATTORNEYS AT LAW PROFESSIONAL LIMITED LIABILITY PARTNERSHIP JEFFREY A. CARSON 6300 SHINGLE CREEK PARKWAY, SUITE 305 TELEPHONE WILLIAM G. CLE LLAND ( 763) 561 -2800 ELLEN M. SCHREDER MINNEAPOLIS, MINNESOTA 55430 -2190 FAX DAVID K. ROSS (763) 561 -1943 ANNA KRAUSE CRABB 5 December 2000 Mr. Michael J. McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 In Re: The hazardous building action against 5525 Morgan Avenue North Dear Mike: I enclose a City Council Resolution with exhibits and an Order for presentation to the Council at its next meeting. This action is necessary because the present owner of the property, Firstar Bank, has failed to abate the hazard. Dave Fisher has been working on this project for more than six months. It is his judgment that the mold throughout this house is so pervasive and has caused so much structural damage, in addition to the damage caused by excessive moisture, that the structure cannot be appropriately cleaned and disinfected and, in fact, the structure must be razed and removed. His opinion has been supported by a general contractor hired by Firstar Bank and some data from the Internet which supports the conclusion. We had an agreement this summer that Firstar would raze and remove the home and, in fact, they had hired the contractor, Ken Streiff, who presented a plan for abatement approved by Dave. Then the Bank became concerned that its loan would not be paid by HUD because HUD, I think without any investigation or information, decided that the house did not need to be razed and they want Firstar Bank to obtain an additional inspection. I am satisfied that your inspectors are correct and I also believe that Firstar Bank is merely stalling. As I have pointed out to them, there is no question that mold is pervasive in this home and that it does constitute a serious hazard to public health. While it might be debatable whether extensive renovation could save the home, to date the Bank has done nothing and I am sure they will do nothing until we compel them to act. • Mr. Michael I McCauley 5 December 2000 Page 2 Accordingly, I enclose a Resolution and Order in this regard. Please call with any questions. When the Council approves the Resolution, please furnish me with a certified copy thereof and the original Order you have signed. Sincerely, CARSON, CLELLAND & SCHREDER r William . lelland WGC:gn Enclosures • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING THE RAZING AND REMOVAL OF A HAZARDOUS BUILDING AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5525 MORGAN AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 5, BLOCK 2, FRANZEN'S 2" ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA WHEREAS, Minnesota Statutes §453.15 et seq defines a hazardous building or hazardous property as any building or property which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment constitutes a fire hazard or hazard to the public safety or health; and WHEREAS, Brooklyn Center City Ordinances Chapter 12, specifically §12 -302, requires the owner of every building used as a dwelling to maintain said building in a clean, sanitary and safe condition, and §12 -1110 defines as a building unfit for human habitation any building or portion thereof which is decayed, dilapidated, unsanitary and /or infested creating a hazard to public health, safety or welfare, and that further §12 -1103 provides that any building deemed unfit for human habitation may be declared a hazardous building within the provisions of Minnesota Statutes Chapter 463; and WHEREAS, the razing and removal of a hazardous building and the abatement of public nuisances is necessary to protect the health, safety and welfare of the public by elimination of dangerous conditions, and health and sanitary hazards; and WHEREAS, City Inspectors have inspected the above - described premises on March 27, 2000, and found at that time the widespread accumulation and growth of mold in all rooms on the main level including mold growing on support beams, in the furnace and the furnace ducts, found that mold caused the j oists in the basement ceiling to turn black and that due to the extreme presence of moisture in the dwelling, the floors are warped throughout the main level; and WHEREAS, the City Inspectors in consultation with others, including a review of available medical literature, have determined that this mold poses a danger to human health, that the house cannot be cleaned and, in fact, the only proper abatement is the razing and removing of the dwelling and removal of all debris therefrom and the filling of the excavation with clean fill to grade; and WHEREAS, said property was previously owned by Cory A. Custer and Jodi C. Custer, who have now abandoned the property and whose interest in the property has, in fact, been terminated by a mortgage foreclosure proceeding; and WHEREAS, Firstar Bank of Minnesota, N.A. is now the fee owner of said real property by virtue of its mortgage foreclosure and that said bank now the fee owner according to that Resolution No. Certificate of Title Number 1041825 and of the public records in and for the Office of the Registrar of Titles of Hennepin County, Minnesota, and that there are no other owners of record. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The City Council adopts the report of David Fisher, Building Official, which is attached hereto and incorporated herein. 2. The City Council finds that the single family dwelling at 5525 Morgan Avenue North, Brooklyn Center, Minnesota 55430 is a hazardous building because of inadequate maintenance, dilapidation and unsanitary conditions due to the widespread and pervasive growth of mold and structural damage in the form of warped floors and further finds that said conditions constitute a public nuisance and public health and safety hazard in violation of Chapter 12 of the ordinances of the City of Brooklyn Center, and Minnesota Statutes Chapter 463, and that, in fact, said dwelling is unfit for human habitation. 3. The razing and removal of the single family dwelling and the abatement of the nuisances thereon by removal of the dwelling and all of the debris and contents thereof is hereby ordered by the City Council of the City of Brooklyn Center as follows: a. The razing and removal of the single family dwelling at 5525 Morgan Avenue North with removal of all debris and contents thereafter and the filling of the excavation with clean fill to grade. The City Manager is hereby authorized to cause and carry out the abatement described herein and to perform all other tasks and functions reasonably incident thereto and to keep an accurate record of the cost of all actions and proceedings herein, including administrative time, attorney's fees, costs and disbursements, and all other costs of the enforcement of this Order, and to send a statement of such costs to the landowners and occupants who are directed herewith to pay the same. 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. ORDER FOR THE RAZING AND REMOVAL OF A HAZARDOUS BUILDING AND THE ABATEMENT OF PUBLIC NUISANCES EXISTING AT 5525 MORGAN AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430 The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. herewith orders Firstar Bank of Minnesota, N.A. to raze and remove that single family dwelling at 5525 Morgan Avenue North, Brooklyn Center, Hennepin County, Minnesota which has been declared to be a hazardous building and hazardous property within the meaning of Minn. Stat. Chapter 463.15 et seq and to further abate the public nuisances existing thereon within fifteen (15) days from the date of service of this Order upon you. If there is no compliance with this Order, a Motion for summary enforcement of this Order shall be made to the Hennepin County District Court unless an Answer is filed herein within twenty (20) days of the date of service of this Order upon said parties pursuant to Minnesota Statute §463.18. If no compliance with this Order shall have taken place or no Answer contesting this action filed herein or if such Answer is filed and the Court orders the enforcement of this Order, then the City of Brooklyn Center shall cause the building to be razed and removed and all public nuisances abated pursuant to Minnesota Statute §463.21 with all costs of repair, razing, correction and removal, including attorney's fees and administrative costs, to be a lien against the real estate on which said building was located, said lien to be levied and collected only as a special assessment in the manner provided by Minnesota Statutes Chapter 429 and the provision of Minnesota Statute §463.161. CITY OF BROOKLYN CENTER Dated: Michael McCauley, City Manager MEMORANDUM To: Bill Clelland, City Prosecutor From: David Fisher, Building Official Date: July 17, 2000 Re: 5525 Morgan Ave N, Mold House & Hazardous Building On March 27, 2000, an inspection was conducted at 5525 Morgan Avenue North at the time a curb stop was being replaced. Following the inspection, the house was posted unfit for human occupancy due to the mold found throughout the house. The conditions that existed in the dwelling did not allow a thorough inspection to be done due to the potential health risks involved. During my brief. inspection, I noted the following: - Mold is growing in all roams on the main level. - The floors are warped throughout the main level. - Mold is growing on the metal " I" beam and in the furnace. - Mold has caused the joists in the basement ceiling to turn black. - The ducts are full of mold. Attached pre photos taken by Ken Streiff, General Contractor, during the month of June, 2000. In my opinion, this dwelling should be razed because of the health risk that will always be there from the mold, Because of the moisture in the joists and the floors warping, there maybe structural damage throughout the dwelling. If it can be cleaned, a special consultant would have to be hired and submit findings to City of Brooklyn Center Building Official for approval. When ra7ed, special measures must be taken to protect the neighborhood from potential health risks. DF • TOTAL P.02 Ken Streiff Company Class A General Contractor Licensed, Bonded, Insured Minnesota State Builder's License 20037102 Minneapolis Class A General Contractor License 4934 July 17, 2000 David Fisher City of Brooklyn Center Building Official Re: Request for materials Enclosed please find various hard copy printouts regarding mold. I think you will find that the FEMA website, the Minnesota Department of Health website, and the University of Minnesota Environmental Health websites are the best sources for the information you require. Also, the Minnesota Department of Health, the University of Minnesota and most likely the Federal Emergency Management Agency are required by law to assist you with this, (as are all University of Minnesota professors, according to the most recent information I have). Note the requirement to remove and dispose of porous material. Last I knew, wood falls into this category, including structural framing. Also, note the part about weakening of structure caused by mold. Feel free to contact me with further requests, if necessary. This letter, and the information that I have assisted you in this, should be held in confidence, as it may be construed as damaging to my contractual relationships with vary -pus 11af ties. Ken Streiff • 2509 East 42nd Street * Minneapolis, MN 55406 612 -724 -1999 factors affecting inddor air quality http:// www. healthyenvironment .net/education.htm - Factors affecting indoor air quality: • Bacteria are microscopic organisms that are found in ., water, on solid surfaces, and in air. Most of them are s g not harmful to men and play a major role in element cycling, which is crucial in sustaining life on planet Earth. However, there is a group of bacteria that are causative agents of many diseases in humans (tuberculosis typhoid fever, plague, anthrax, etc. Legionella pneumophyla is a bacterium that causes r e 4 respiratory infection and is often cited as an example of microbial dissemination from sources within buildings. There are also bacteria that are not pathogenic but may cause allergies. In our homes (ir - • . they live in cooling coils and in air ducts of air - conditioning systems. Some of them produce volatile organic compounds (VOC) that contribute to the musty odor in homes and cars. More research is needed to understand their effect on human health. Molds are microorganisms that live everywhere, especially in humid and warm environments. They form :x filaments called hyphae, which penetrate the surface on which they grow or form aerial mycelia that bears a, reproductive structures - spores. Mold spores are easily detached and made airborne by air flow, vacuuming, walking on a carpet or sitting on a couch. In indoor environments they grow in air - conditioning ducts, = t; carpets, pots of house plants, etc. They produce and release millions of spores which are small enough to �..:.., stay airborne threatening to invade the human respiratory system. There is scientific proof of a direct correlation between presence of mold spores and wheezing and asthma. The mold Strachybotris atra found in home environments on high cellulose materials has been linked to a fatal pulmonary disorder in young infants. Even though the Dust Mites are so small that they can not be seen with the unaided eye, they are there polluting the air in your home or office. House Dust Mites live in carpets, mattresses, pillows, stuffed toys s. and upholstered furniture. A typical used mattress may have up to 1 million mites. They feed on human skin scales and need a moist and worm climate. Their fecal droppings are the main allergen in asthmatics. If you have pets, the likelihood that your home is contaminated with Dust Mites is even greater. n P rr There is a group of chemicals called volatile organic 1 of 2 07/14/2000 3:49 PM 1 /00 9;1? AM Looking for answers to mold & remediation issues? ShadMI, be concerned about mold in my home or office? _HM I tell if I have elevated mold soores in my home or office? How does mold become a nroblem? How much mold does it take to make me sick? P Are some neoole at oreater risk than others? s , What are the svmntoms of exoosure to mold? YYhat is asbestos and should I be concerrLp Related Articles kre Dehumidifiers Necessarv? :/aims People Magazine, Jan. 1998 - he Conseauences of Improperly Restored Water Losses 'lainis People Magazine, Oct. 1997 'he Danoers of Seconda Mold Growth Caused by Improper Remediation of Flooded Buildincis nvironmental Building News Mold is a naturally occurring part of a healthy ecology. It is common to find mold spores in the air both outside and inside your office or home. In fact, most of the mold that you find indoors comes from outside. The spores are carried in by the air currents and some are deposited in the interior of the building, whiie the bulk of the spores are carried out of the building by the same air currents. low is too muc I Generally, as long as the indoor mold spore levels are no higher than outdoor levels there are few adverse reactions to the mold. However, according to the California Department of Health Services, as the amount of mold becomes more Pytensivp or mold sporp levpls bpnomp alpvatad, it ( cause allergic reactions, asthma episodes, infections, and other respiratory problems. Mold can also cause structural damage to homes. 4 First of all, if you see mold growth you should look for the water or moisture source and try to stop or prevent it. By preventing an accumulation of moisture or water, you prevent mold growth. Where there is minimal or no visible mold growth, but there is a musty or moldy odor, the investigation of where its coming from becomes a little more difficult. Again look for any area of moisture. If there is a concern about elevated mold spores, then air 'here's the source? sampling maybe required. A trained and experienced environmental consultant should do the sampling. Sampling can also be very expensive. Depending on the environmental consultant, the ratan for services ran rannp from $75.00 to $300.00 per hour plus expenses and lab costs. p: / /www.restcon.comlf.yi.html #kind Page I of 3 U L / /UU 9:17 AM Mold spores are everywhere. In order for mold to grow, moisture must be present. The necessary moisture can simpiy come from prolonged high humidity or from more catastrophic events such as floods, sewer backflows, leaky roofs or plumbing leaks. Once the structurc gots v:ct, if it does not d, y out or drics out slowly, mold spores can germinate and begin to grow on surfaces that t w - provide a food source. it's° That's a difficult question to answer. It's like asking how much ....n i .0 sun it takes to cause sunburn. It varies from person to person. For some it takes very little exposure to cause an adverse reaction. I recent) y read an article about a little girl that could r not be in direct sunlight. To do so would result in severe blistering. On the other hand, some people can be in the sun for long g periods of time without any adverse reaction. Also, Have you been exposed? when someone is severely sunburned, he or she becomes more sensitive, in other words, it takes less exposure the next time to create the same reaction. Likewise, exposure to mold can make someone more sensitive to it. Once a person is removed from the exposure, the reactions tend to diminish. While sun is primarily a dermal exposure issue, with a potential for heat stress, adverse reactions to mold exposure can be dermal or internal due to ingestion or respiration. As a general rule, when you see mold the moisture problem needs to be resolved and the mold removed. w vsr � , High levels of mold are not healthy for anyone inside a building. Those individuals that appear to be at higher risk are infants, elderly, immune compromised (those with HIV infection, liver y , , h disease or undergoing chemotherapy), pregnant women and 1 *1 s*'; : - ' - `, diid i �`� -. individuals with existing respiratory conditions, such as °� 9 P rY allergies, g multi ie chemical sensitive and asthma. If have concerns ' y ou about o ur y y health, you should consult a Vho•s at risk? physician for advice. , a According the California Department of Health Services, the C0 '01i most common symptom is an allergic reaction. Other reactions may include one or a combination of the following: respiratory zing problems, such as wheezing, and difficulty in breathing; nasal and sinus congestion; eyes- burning, watery, reddened, blurry oc vision, light sensitivity; dry, hacking cough; sore throat; nose `' p: , f and throat irritation; shortness of breath; skin irritation; central constant headaches, memory em nervous system st problems o �een sneezin' lately? .,, y d p � (constant d -' ry problems an m ood ' changes /, ache an panes; and possib fever. t 44 The reaction to the amount and types of molds in a home will i.. - . vary from person to person. Some molds will produce .. -�° � ��- ^- :. ='`:': '�. mycotoxins, or toxins produced by molds. Simply spraying a mudewcide on mold will not remove or inactivate the mycotoxins that have already been produced. An adverse reaction from i dead moil or molds ores can still hap r^• :,';?;, P Not all molds produce mycotoxins all the time. And it may take a lot of mold a 'i1� rx �' to produce enough of a dose of mycotoxin to produce a akin' Mycotoxins. Il ..f ......... ox . .1 to c r eate •:°- pviStin. Luc anwuu� u� u�y�.vwww require to �.,eva2 a iea0uvn has not clearly been established. Tolerance to these mycotoxins again varies from person to person. :p: / /www.restcon.com /fyi.html #kind Page 2 of 3 x17m0 9;T7 AN�� � � � Asbestos is � in strong are both heat and chemicals resistant. Asbestos tends *v break down into tiny fib fragments that can remain suspended in the air for long periods n, time and can u easily inhaled. Because of their durability, these fibers can remain in the body for decades causing lung � scarring and cancer. Between 1mVV&1yRV. more than 3O million tons vfasbestos fibon`wary used oommem|oVy|n�hsUn�e�St�ay.mmmW|�w|y used between 1g4o&1V70, asbestosis still used today in limited construction applications. Added 000n ingredient inthe ' mnnononmneo,nvme,mm products, nxxemonio used m,four basic reasons: (1) to for thermal insulation; ( 3) for acoustical insulation or decoration on exposed surfaces; and (4) for fire protection. Asbestos is in and on virtually every home and building in the United States. Asbestos is commonly found in: linoleum type flooring, vinyl floor tie, texturing compounds, textured paints, caulking, gaskets, pipe insulation, construction adhesives, acoustic tiies, spray applied insulation, plaster, stucco, wall board, roofing materials, exterior sidings, concrete shingles, appliances, protective clothing, and ... Government regulations exist stating materials are first assumed to contain asbestos, and can only be considered non-asbestos" after testing by a qualified environmental laboratory. Both EPA and OSHA have rules that mandate asbestos surveys PRIOR to conducting activities that would disturb asbestos. In fact, a myriad of Federal, State, & Local regulations exist that govern asbestos from "cradle to grave." However, many materials in a building can be shown to be non-asbestos by proper testing and documentation. Furthermore rernoval is no always necessary, and options can be presented that will effectively manage asbestos in-place. Because of the health hazards associated with asbestos, litigation, has resulted in astronomical losses to industry, Such civil penalties have been assessed regardless of a defendants compliance with existing legislation. Site design Russ Mill Site updated March 1, 2000 Copyright @2uoo Restoration Consultants. All rights reserved. .1n:x".w.re*vvu. com/fyi.html# kind Page »mr3 7/17/00 9:56 AM WW-6944-GO Uxivr-R.STTY OT MIN'S F SOTk 1996 English 14 V j,xtensi o n-1 _M Ar W-W lVioicts-Y our k'Saie Home Wanda Olson and McGregor Pearce Copyrigh V 1997 Regents of the University of Minnesota. All rights reserved. NOTE: you may order this publication in the following languages: 41 CP Laotian/Enelish (FO-6607-GO) 0 Sr)anish/Enalish (FO-6608-GO) e Carnbodian/Enalish (FO-6609-GO) : I - Hmong/Enelish(FO-6610-GO) ----------- - --------------- What are molds? Molds are microorganisms. They are found everywhere. They can grow on almost anything if it is moist enough. Inside your home molds grow quickly on damp surfaces like bathroom walls and trim around windows. Molds may look like furry growth, black stains, or specks of black, white, orange, green, or brown. What do molds do to our body? When a growth of mold appears, it can send clouds of invisible bits of mold through the air. These bits of mold can cause infections, allergies, asthma, and other breathing problems. To avoid these health problems, keep your home as mold-free as possible. How does mold get into our homes? The more people who live in a home, the more likely it is that molds will grow inside it. This is because we release a lot of moisture in the air when we breathe. When we take long hot showers, cook with uncovered pots, dry clothes on an indoor clothesline, or use humidifiers, we also make more moisture for molds to grow. Storing wet firewood, watering m plants, and storing many vegetables like potatoes and squash can make a mold problem more likely, too. P:/Iwww.ettension.umn.odu/distribution/housingandclothing/DK6944.htinI Page 1 of 4 7/17/00 9:56 AM How can I tell if I have a mold problem? Any part of your home that gets wet is likely to be moldy. Check: for leaks in your roof or plumbing. If water is trapped inside your walls or under your carpet, molds may grow there, although they can't always be seen. See if your walls or rugs have light stains or a strong musty smell. . for mold in your basement, especially if your basement floods because of rain. Moisture can also seep through your home's concrete foundation and make the bottom of carpets or the inside of a finished wall moldy. . for water damage around your windows or doors to the outside of the house. In winter, moist air can change to water on these cooler surfaces and cause molds to grow there. . for mold on walls, ceilings, floors, carpets, books, or piles of newspapers. Smell these areas too; sometimes a musty smell is your only clue that you have a mold problem. How do I get rid of a mold problem? When molds get inside materials like carpets and beds, they cannot be cleaned. Throw them away. But you can get rid of molds in bedding, curtains, drapes and clothes by washing or dry cleaning them. Wash moldy walls, ceilings, and floors twice: once to clean and once to disinfect. First, use a cleaner such as trisodium phosphate (TSP) to clean them. You can buy TSP at a hardware, paint, or building supply store; it is not costly. Wear rubber gloves to protect your hands and follow the directions on the TSP package for mixing the cleaner with water before you clean. After you clean with TSP, let the surface dry. Second, wash the wall, ceiling, or floor again using a mixture of liquid household chlorine bleach and water. If you are clg a small area, use 5 cups of water mixed with 1/2 cup bleach. Ifyou are cleaning a large area, use a 5 -gallon p f water and add 1/2 gallon of bleach to it. Be sure to open windows when you use bleach, so you have fresh air to breathe and the bleach does not irritate your lungs. Also be sure to follow all the directions and warnings on the bleach label. You can disinfect areas that are hard to reach by putting the cleaners in a hand sprayer or garden pump sprayer. How can I keep mold from growing in my home? tp: / /www.extension.umn.edu/ distribution /housingandclothing /DK6944.html Page 2 of 4 �r t I/VV V:DU AM 9 t' Iv Envi>m n #al t� l f+ t 1l1yco �'iJ�JC�:I� Vl 111UVVI L' 11V11 V11111C11U11 %ZUQ11l,' FunM References Funsal Links Funp-al Pictures More Funeal Pictures Investigation and Intemretation of Results "'. Mana ink Water Infiltration into BuildinLs t - a hidden Fund Found in Buildings Fungal Glossary Absidia sp. - A zygomycete fungus. Reported to be allergenic Q. May cause mucorosis in immune compromised individuals L6J. The sites of infection are the lung, nasal sinus, brain, eye and skin L6J. Infection may have multiple sites L6J• Acremonium sp. (Cepnalosporium sp. - Reported to be allergenic L. Can produce a trichothecene toxin which is toxic if ingested. It was the primary fungus identified in at least two houses where the occupant complaints were nausea, t ♦ _,_ � ter t rt 11T. _. ••--• (�� t. 7 votliit ig and diarrf Ase sl'cl of M I . Tief ice l lopsis sp. , Chaetomiurn sp., ar id ' edripsis sp. (3). It Call p roduce mycetomas, infections of the comea and nails L6). Alternaria sn. - Aw - 0.89. Conidia dimensions 18 -83 x 7 -18 microns L5,}. A very common allergenQ with an 1gE mediated response 17 . It is often found in carpets, textiles 17, and on horizontal surfaces in building interiors. Often found on window frames fL7). Outdoors it may be isolated from samples of soil 17 5), seeds and plants 17 . it is commonly found in outdoor samples. The large spore size 20 - 200 microns in length and 7 -18 microns in sizes, 17 suggests 'uhal 1110 Spores Rot I1 IMS l utlgi Will de il l 111e hose, tllou at ld upper fesplrat0ry tr IL may be related to bakers asthma 17 . It has been associated with hypersensitivity pneumonitis ME . The species Alternaria al ata is capable of producing tenuazonic acid and other toxic metabolites which may be associated with disease in tp: / /www.dehs.umn.edu /fungus /myco.htmi Page 1 of 8 r11 VV 971TK1P[ h>>man- or animals. Common cause ofcxtrin -ir, a-, hma (immPac�iatP -tynP hyncrsPncitivity: tvne it (26). Acute symptoms include edema and bronchiospasms, chronic cases may develop pulmonary emphysema 2b6�. Aspergillus caesiellus - This species is only occasionally pathogenic k2J6. Asoillus candidus - Aw 0.75 U. Conidia dimensions 2.5 -4 microns L5J. Found in warm soils, grain and in the secondary decay of vegetation Q. Associated with respiratory complaints in a recent house investigation. (MAC) Can produce the toxin petulin which may be associated with disease in humans and other animals U. Aspergillus carneus - This species is only occasionally pathogenic Q). Aspergillus clavatus - Conidia dimensions 3 -4.5 x 2.5 -4.5 microns Q. Found in soils and animal manure ice. Can produce the toxin petulin which may be associated with disease in humans and other animals M. This species is only Cli;Gasiu -II pafiiogeiuc Aapergiiius aejcecho - i1iiS species is Only measioiiai paii io gei iic 2266,). Aapergiiius jtuvus - Aw "v. 7 a Q. Coiiidia di iieiisioiis 3 - iiiieroiis U5 Or 3 - i 26 . It grows oil itioidy cor i and peanuts Q. It can be found in warm soil, foods and dairy products L5J. Some strains are capable of producing a grou vi liiycvL3niL`I.i - u, u1�, aucuvn ul gri up. ri ll ucu VAlJ ar lu1V Wll ailu C arC iilVgCil. 11111E iS 1i111iW c `v'iu llw Lv suggest that this toxin is a human carcinogen The toxin is a poisonous to humans by ingestion. It may also result in occupational rliseaea ��ia finh- latinn Ern mtc ien Nava inrli�atP�l T it is terat-o � n m1,#acranin e n�rir MIUVNUV Vll . �J V11W 11K� V 111M1VK4V t - 11 - at 1�. 1V YVJ K4VbV1 V M.11 111MMA� 20 it i t V11lV ✓ x to the liver Q 1 5 2Q7 . It is reported to be allergenic L7). Its presence is associated with reports of asthma It can be fnwid in water damaged cox-nets (N . The production nfthP Ruigal toxin is dependent on the, gnwth condition- and on the substrate used as a food source. This fungus is associated with aspergillosis of the lungs L5 26J andor disseminated aspergillosis L5J. This fungus is occasionally identified as the cause of corneal, otomycotic and nasoorbital infections Aspergillus fumigatus - Aw 0.82 Q; Optimum > 0.97 a2J. Conidia dimensions 2 -3.5 microns. Major cause of aspergillosis L5, 2J6. Both invasive and allergic aspergillosis are caused by this organism Q6). Aspergillosis affects individuals who are immune compromised. It is considered a human pathogen. It grows well at 35 degrees C. it is commonly found outdoors in compost piles with temperatures higher than 40 degrees C, in mild to warm soils and on Aspergillus glaucus - CotWia dlliiensloris 5-0.5 m icrons L5J. C ommon mon Outdoor l uiigus ii I,lie w (NQ. it 15 reported to be allergenic. This species is only occasionally pathogenic k2J6. It can grow on leather LNQJ. This fungus hail grow aL low 111oiD LLUr1, 11,VCIS oil grains, sugary blvd p r nu uC LS, 111Cat ai ld wool . TI - .c ascom- iyecLGus J S t U tC is Eurotium sp. Aspergillus nidulans - Aw 0.78 L5J. Conidia dimensions 2 -4 microns U. Found in mild to warm soils and on slowly decaying plants L5J. Can produce the mycotoxin sterigmatocystin. This toxin has been shown to produce liver and kidney damage in lab animals. This fungus is associated with aspergillosis of the lungs andor disseminated aspergillosis L5J. This species is only occasionally pathogenic k2J6. AsDergillus niter - Aw 0.77 (5); Optimum > 0.97 k2J2. Conidia dimensions 3.5 - 5 microns U or 4 to 5 microns (26�. Less common cause of aspergillosis. It has a musty odor. It is commonly found in the environment on textiles, in soils, grains, fruits and vegetables. 55,E At has been reported to cause skin and pulmonary infections Q6J. It is a common cause of fungal related ear infections- otomycosis L5 266. • ):/ /www.dehs.umn.edu /fungus /myco.html Page 2 of 8 9:50 AM Asperaillus ochraceus - Aw 0.77 U. Conidia d i mens ion -S 2.5 - 3 microns L5j. Found ingrain soil and salted food products LI, 5j. It is not usually associated with decaying vegetation. Can produce a kidney toxin ochratoxin A which may produce ochratoxicosis in humans L 1 5). This is also known as Balkan nephropathv (1). The toxin is produced at optimum growth conditions at 25 degrees C and high moisture conditions. The ochratoxin may also be pr by other Aspergillus sp. and Penicillium sp. Ll). Other toxins which can be produced by this fungus include peMWic acid, xanthomegnin and viomellein Q. These are all reported to be kidney and liver toxins Q. Aspergillus oryzae - This species is only occasionally pathogenic (26). Aspergillus parasiticus - Some strains are capable of producing a group of mycotoxins - in the atlatoxin group. Aflatoxins are known animal carcinogen. There is limited evidence to suggest that this toxin is a human carcinogen. The toxin is a poisonous to humans by ingestion. Experiments have indicated that it is teratogenic and mutagenic..) It is toxic to the liverj. The production of the fungal toxin is dependent on the growth conditions and on the substrate used as a BOW Source LIJ. Aspergilha peniciiivides - Conidia dimensions 3 - 3.5 x 4 - imerons (5). C an grow in areas with low water activity L5). It is found in house dust and food Q. Aspergillus restrictus - This species is only occasionally pathogenic (26). Aspergillus sp. - Aw 0.75 - 0.82 L5j Reported to be allergenic Q. Members of this genus are reported to cause ear infections .D. Many species produce mycotoxins which may be associated with disease in humans and other animals L5J. Toxin production is dependent on the species or a strain within a species and on the food source for the fungus. Some of these toxins have been found to be carcinogenic in animal species. Several toxins are considered potential I i ut n at i care Ifiogens (10) Coiiinion cause of e dJUliII'a (Ii iiIieaU Ilyp erseI slliVity: type 1) 26 . t'cul sym toms include edema and bronchiospasms, chronic cases may develop pulmonary emphysema. . As gillus sydoivi - This species is only occasionally pathogenic �. AsverQtllus terreus - Aw 0.78 U. Conidia dimensions 1.8 -2.4 microns (5) or 2 - 2.5 microns (26). Aleurospores 6 - 7 microns in diameter are also produced 26 . Found in warmer soil and in grains, straw. cotton and decomposing vegetation U. Can produce the toxin patulin and citrinin which may be associated with disease in humans and other animals Q. This fungus is associated with aspergillosis of the lungs and or disseminated aspergillosisL5, 16J. Found as an isoiaie J - 0111 - 0 tomycosis - ear itiiectioti acid otiychornycosis - itiiection of iitiger or toe nails a6j. Asneraillus ustus - this species is of ui;casioiially pathogenic a6j. A,spergilha versicviur - Aw 0.78 JJ5 . Conidia, di tensions 2 -3.5 microns L5j. ii is com m only found iii sou, hay. cotton and dairy products, It can produce a mycotoxin sterigmatocystin and cyclopiaxonic acid L5). These toxins can cause dia r acid u A01 It is rc po icd tv be a 'Ad WI G an IIVCr CarCinv^gcl i uS SpCCiCS is viuy vCCasivnaiij% pathogenic a6j. Basidiomycetes - Fungal spores which are from mushrooms. The specific mushroom species can not be identified on the culture plate. Many mushroom spores are reported to be allergenic L7J. Bipolaris sp. - A fungus with large spores which would be eayected to be deposited in the upper respiratory tract. This fungus can produce the mycotoxin - sterigmatocystin which has been shown to produce liver and kidney damage when i-n-m by laboratory animals. 0 p: / /ww /fungus /myco.html Page 3 of 8 7'17100 9:50 AM Blastomyces sp. - Human pathogen. The fungus is commonly found in soil. It is a dimorphic fungus which has filamentous fungus when grown at 25 degrees C and a yeast form at 37 degrees C. Botrytis sp. - Aw 0.93 ,5. Conidia dimensions 7 -14 x 5 -9 microns LQ. Reported to be allergenic Q. It is parasitic on plAft and soft faits LU7 . Found in soil and vegetables U5,). Possibly associated with allergic symptoms (skin tests) �. Candida sp. - Part of the normal flora of mouth and other mucous membranes in the body. Thrush and other diseases caused by Candida albicans usually occur after prolonged treatment with antibiotics or steroids. The environment is not a likely source of exposure for this fungus 17 . Cells from the organism are usually not airborne 17 . Reported to be allergenic L7J. Cephalosporium sp. - See Acremonium sp. Chaetomium SD. - Large ascomycetous fungus producing perithecia (17). It is found on a variety of substrates containing cellulose including paper and plant compost. 17 It has been found on paper in sheetrockLtUC . It is reported to be allergenic (7, 17,). Can produce an Acremonium like state on fungal media Qj. Cladosporium herbarum - Aw 0.88 5J. Conidia dimensions 5 -23 x 3 -8 microns L5). it is found on dead plants, woody plants, food, straw, soil, paint and textiles L5J. Cladosporium macrocarpum - Conidia dimensions 9 -29 x 5 -13 microns L5J. It is found on dead plants, woody plants, food, straw, soil, paint and textiles U. Cladosporium sp. (Hormodendrum sp.) - Aw 0.88 L5j; Aw 0.84 21 . Most commonly identified outdoor fungus. The outdoor numbers are reduced in the winter. The numbers are often high in the summer,(CU. Often found indoors in numbers less than outdoor numbers. It is a common allergen Q). indoor Cladosporium sp. may be different e species identified outdoors. It is commonly found on the surface of fiberglass duct liner in the interior of supply u t� wide variety 01 plains are soui`ces for this auiigu5 17 . T is lowid on dead piaii.t.s, woody plants, loon, straw, soil, paint and textiles L5). It can cause mycosis 17 . Produces greater than 10 antigens 17 . Antigens in Coiiuiicreiat ex ads are of vaiiavic quality anu may dcg au� vviuun wec of pi%.'jj 10 17 . �.viiuuvii Cu'usC of extrinsic astluna (immeadiate -type hypersensitivity: type I) k26). Acute symptoms include edema and bronchiospasms, rhun""' r-aeac may AevPlnn r»Ilmnnan? emr�hvcama ViiLV VYaVU KY 1VLVU ✓ Vim.µ' ViiVVLiLK. �nr) n ' PnY7i'm r nl`nopnr»os- �»�.r» _ �'nnirl 2_4 5 mi�rnna it ie f t nrl ae a ePrnnrlarct un�MAPr �fr�lar�te v rwwv Zvi n Zvi •' oniuiu. uaiuviiv ons .i vrom �. iu found ne w uvvvLisa.i • Kavi r crmte food, soil, paint and textiles L5J. Cladosporium fulvum (Fulvia fulva) - Conidia dimensions 12 x 4 - 10 microns (5).it is found on the leaves of tomatoes M. Cryptostroma corticale - Conidia dimensions 4 -6.5 x 3.5 -4 microns (5). Found on the bark of maple and sycamore trees and on stored logs �5.). Conidobolus sp. - Can cause a chronic inflammatory disease of the nasal mucoua (entomophthoromycosis) L6J. Cunninghamella sp. - Can cause disseminated and pulmonary infections in immune compromised hosts L6). Curvularia so. - Reported to be allergenic U7). It may cause corneal infections, mycetoma and infections in immune co romised hosts (6). tp: / /www.dehs.umn.edu /fungus /myco.html Pape 4 of 8 11 t I /VV 7..7 V HM nrP sp. - C onidia dimensions 40 -120 x 17-28 imicrons Fownd can grasses, grains and decaying food Q. It can occasionally cause a corneal infection of the eye L6J. Dust Mite - EvOcum sp. - Conidia dimensions 15 - 25 microns (5,). A common allergen (7). It is found ' i plants, soil, grains, textiles and paper products U. Epidermophyton sp. - Can cause infections of skin and nails L6J. Fusarium solani - Aw 0.90 fQ. Macroconidia dimensions 27 -52 x 4.4 -6.8; Microcondia dimensions 8 -16 x 2-4 microns fJ5. Found in plants and soils L5J. Can produce trichothecene toxins which may be associated with disease in humans and animals U5,�. Fusarium sp. - Aw 0.9u ,Q A common soil fungus (17,5 ). It is found on a wide range of plants L5J. it is often found in humidifiers 17 . Several species in this genus can produce potent trichothecene toxins L5 Q. The trichothecene �se;upeiic� 1- i targets, t<ie ' l owi systems: ckecuaLory, - 'l - l - er - taty, sUi and tietvous 27 . rtuuuces votiiitoxtti oil grains during unusually damp growing conditions. Symptoms may occur either through ingestion of contaminated grains or pv sJlUl y i1ll1aAQL1V11 0l JjJIJlVJ. l!!c g 1.111.1Q Cali p r vul.iC%. llC+lllollll syiiuroiiiC iii I iutiiaits �aauiiCl'itcuy toxic aaC'uniaj. This is characterized by nausea, vomiting, diarrhea, dermatitis, and extensive internal bleeding U. Reported to be allergcnuC Q . Frequently involved in eye, sin and na Geot r1chw'm r - Aw 0.90 �. Conidia d:Yr ens; ens 6 -12 v 3 -6 microins 5 . Aw n.94 sr t A Co1mmon contamin of grains, fruits, dairy products, paper, textiles, soil and water U, and often present as part of the normal human flora. The .,necic, CTeotrichi m eandid>>m can cause a seeondary infection (geotric�hcsisl in associaticn with Where losis. This rare disease can cause lesions of the skin U5�, bronchi ,5 mouth, lung and intestine L5, 0. Gleadium sp. - A fungus which is structurally similar to Penicilliuin sp. It is reported to be allergenic U . p g Helminthosporium sp. - Reported to be allergenic k7j. Histoplasma sp. - A fungus which has filamentous growth at 25 degrees C and yeast growth at 37 degrees C. It is reported to be a human pathogen. It may be associated with birds. Humicula sp. - Grow on products with a high cellulose content U3 . These fuiigi are also found in soil and on plant debris U. Hyaline Mycelia - Sterile mycelia which is white or transparent. No fruiting structures are produced by the mycelia. Visual identification of these organism is not possible. Often associated with allergic symptoms. Microsporum sp. - Causes ringworm in humans f. MoniUa sp. - Reported to be allergenic ,(7�. This fungus produces soft rot of tree fiuits U. Other members produce a red bread mold U. It is infrequently involved in corneal eye infections L6). Mucor sp. - Often found in soil, dead plant material, horse dung, fruits and fruit juice. (17) It is also found in leather, meat, dairy products, animal hair and jute 17 . A Zygomycetes fungus which may be allergenic ( skin and bronchial to 7 17). This organism and other Zygomycetes will grow rapidly on most fungal media. May cause mucorosis in irijW compromised individuals L6J. The sites of infection are the lung, nasal sinus, brain, eye and skin U. Infection ttlay Have multiple sites (6). p: / /www_dehs.umn.odu /fungus /myco.html Page 5 of 8 - t: i nvV y;:)V AN Nigrospora sp. - Reported to be allergenic (7). Paecilomyces sp. - Commonly found in soil and dust, less frequently in air 17 . P. variotii can cause paecilomycosis. L&d to wood - trimmers disease and humidifier associated illnesse 17 . They are reported to allergenic L7). Some nWers of this genus are reported to cause pneumonia. It may produce arsine gas if growing on arsenic substrate. Q). This can occur on wallpapers covered with paris green Q. Papulospora sp. - This fungi is found in soil, textiles, decaying plants, manure, and paper Q. Penicillium sD. - Aw 0.78 - 0.88 L5J A wide number of organisms have placed in this genera. Identification to species is difficult Often found in aerosol samples 17). Commonly found in soil, food, cellulose and grains 17 5). It is also found in paint and compost piles. LQ it may cause hypersensitivity pneumonitis, allergic alveolitis in susceptible individuals. It is reported to be allergenic (skin) L7, 17). It is commonly found in carpet, wall paper, and in interior 11verglass uuci itisulalloll (NC). Some specles CWa produce inycotoxuis. Common cause Ul Cxlrinsic asthma (immeadiate -type hypersensitivity: type I) a6j. Acute symptoms include edema and bronchiospasms, chronic cases may d%v Clop pull i l vilaay C1ilpiiySclila(26). k Pef2lcilllZlm SD. yr additional rc1crcriccs. Pe i conia sp. - i��o ILLIVIi11a IMI avCLU IC, 1i1orC to Co1i1C. Pltorlla s - A 1io11ll11V11 Indoor a'u' ally. — . L7j. it 1s S111111 to u C cer J of g ui of C1 tolili Sp. i hi, species are isolated from soil and associated plants (particularly potatoes) i 7 . Produces pink an purple spots on pauriteul '%u 17). it may haste antic;ens rrn�e reac+ Stith tl�nca ofAlternaria en Tt-%,Aj rn-rnxtnn'nii -r bvi .,. .� vvv ex . 17 r: aaa t,.v rr paint cement and rubber Q). It may cause phaeohyphomycosis a systematic or subcutaneous disease (6). A myces sp. - Grow on dead grass in pastures Q). Causes facial eczema in ruminants LIJ. Rhizomucor sp. - The Zygomycetous fungus is reported to be allergenic f7). It may cause mucorosis in immune compromised individuals. It occupies a biological niche similar to Mucor sp. 17 . It is often linked to occupational allergy L17). May cause mucorosis in immune compromised individuals (6). The sites of infection are the lung, nasal sinus, brain, eye and skin U. Infection may have multiple sites L6J. Rhizopus sp. - The Zygomycetous fungus is reported to be allergenic Q. It may cause mucorosis in immune compromised individuals. It occupies a biological niche similar to Mucor sp. 1�7). It is often linked to occupational allergy 17 . May cause mucorosis in immune compromised individuals M. The sites of infection are the lung, nasal sinus, brain, eye and skin L6J. Infection may have multiple sites U. Rhodotorula sp. - A reddish yeast typically found in moist environments such as carpeting, cooling coils and drain pans. In some countries it is the most common yeast genus identified in indoor air 17 . This yeast has been reported to be a:tiergenie L7J. Positive skin tests have been rep orted 17 . It has colonized terminally ill patients L6). Saccharomyces sp. Reported to be allergenic Q. maker`s Yeast. Scopulariopsis sp. - It may produce arsine gas if growing on arsenic substrate. (3). — this can occur on wallpapers covered with paris green Q. It has been found growing on a wide variety of materials including house dust. It is a55 fated wiui type ul W 17 . tp: / /www.dehs.umn.edu /fungus /myco.html Page 6 of 8 - Tl i lTOU9:50 N� Prp -- .- . ..?n -n,r - C ommon cai�cP of extrinsic asthma (ir�mPadi�tP -type hypersensitivity: type I) . Acute symptoms include edema and bronchiospasms, chronic cases may develop pulmonary emphysema 26 . Sporobolomyces sp. - Reported to be allergenic Q. SpOhr sp . - Can causes orotrichosis. Usually only in populations which are immune compromised. P P y y pop Sporotrichum sp. - Reported to be allergenic Q. See also Sporothrix sp. there is some taxonomic confusion between these two genera. This genera does not cause sporotrichosis. Stachvbotrvs sn. - Aw - 0.94 , optimum Aw - >0.98 22 . Several strains of this fungus (S. atra, S. chartarum and S. alternans are synonymous) LIJ may produce a trichothecene mycotoxin- Satratoxin H - which is a poisonous by inhalation The toxins are present on the fungal spores. This is a slow growing fungus on media It does not compete well with other rapidly growing fungi. The dark colored fungi grows on building material with a high cellulose content and al o w I11L1'ogen conLenl. Ar W1L r e lativ e h Luru d1L1CJ above 55 �0 an ar e subject t o tem 11uctuations ar e ideal for toxin production (29). Individuals with chronic exposure to the toxin produced by this fungus reported cold and flu symptoms, sore throats, diarrhea, headaches, fatigue, dermatitis, intermittent local hair loss J28J and generalized malaise. The toxins produced by this fungus will suppress the immune system affecting the lymphoid tissue and the bone marrow f1 �. Animals injected with the toxin from this fungus exhibited the following symptoms, necrosis and hemorrhage within the brain, thymus, 7__. 1 1• ]Y _1. ♦M. ti'_1 1___ 1__ 7 Y spleen, ii 1Lestine, 1 lung, 1 11Ca1'L, 1 l y lll p 1_ ll node, liver, an d kidney. 29 A ects Uy a.USU of Ule to H i the 11 luag are known as pneumomycosis Q). This organism is rarely found in outdoor samples. It is usually difficult to find in indoor air samples unless it is physically disturbed or if there is (speculation- a drop in the relative humidity). The spores are in a gelatinous mass. Appropriate for the growth of this organism will have a high cellulose content and a low nitrogen content. The spores will die reMFy after release. The dead spores are still allergenic and toxigenic. Percutaneous absorption has caused mild symptoms fJ6. Sien7pny1iurn sp. - Rep otie d LU b all elgenIe U. Isolat U 11Ulli deQdU 1J1a11LS al ld cellulose I11aLCt1 (3). S ynce ph ulasirum sp. - Cat! caus a i in CCL1-011 CIkUdCJLei'CGCd by a SO Inu - 1I&y L'w bail (26). T 7 Re _7 ted 1. _ 11 7 Urutu sp. - Repor to De a Q. In 1 rich derma Sp. - !L is Co111I110111y lowid In soil, dead Lees, pffle needles, paper, unglazed cera tliics U7 . 1L U1L Will grow on other fungi LU7 . It produces antibiotics which are toxic to humans 17 . It has been reported to be allergenic L7, j 7). it readily uCg'YauCS CCiiY.iivsC i,'iCh opi7) toil sp. - n ail cause iuig woimn, a. loot, aniii, doll, beard aiid scalp �5, �. RCpoi�Cd to bC CURN MIC L7,). Found on soil and skin fJ5. Trichothecium sp. - Aw 0.90 L5). Conidia dimensions 12 -23 x 8 -10 microns (5,). Found in decomposing vegetation, soil, com seeds and in flour ,(5). The species Trichothecium roseum can produce a trichothecene toxin which may be associated with disease in humans and other animals L5J. Reported to be allergenic U. 4 T ' ' r chium sv. - Reported to be allergenic Q. viociacrium sp. - Aw 0.89 J2 1) isolated from dead plants and cellulose materials Lb. round on textiles ,J. tp: / /www.dehs.umn.odu /fungus /myco.btml Page 7 of 8 7/17/00 9:50 AN Verticillium sp. - Conidia dimensions 2.3 -10 x 1 -2.6 microns (5). Found in decaying vegetation, on straw, soil and arthropods Q. A rare cause of corneal infections (J6. Wdgk mia sp. - Aw 0.75 (5�. Conidia dimensions 2.5 -3.5 microns (5). Found in sugary foods, salted meats, dairy p textiles, soil, hay and fruits (3 .�). Yeast - Various yeasts are commonly identified on air samples. Some yeasts are reported to be allergenic Q. They may cause problems if a person has had previous exposure and developed hypersensitivity's. Yeasts may be allergenic to susceptible individuals when present in sufficient concentrations. (E Key: Aw Water Activity (Equilibrium relative humidity1100) E Paul Bringer MAC McGregor Pearce - personal experience NC Neil Carlson - personal experience (1 -27) Refer to references Fungal References 1�V. Carlson 7%72; R Y/ 7173, 7173, 1%.7 2%7Y,2%JS,Y%75, 5176, 7l7V ti W �;a�wi� i, " nugn�mdunn,p� - o �o,itluwa y�qu ttp: / /www.dehs.umn.edu /fungus /myco.htmi Page 8 of 8 City Council Agenda Item No. 9k MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: December 12 2000 SUBJECT: Resolution Appointing Auditors for the Year Ended December 31, 2000 In 1987, the City began using the firm of Deloitte & Touche for audit services. In 1994, the City Council directed that a request for proposals be solicited from other auditing firms. An audit committee composed of Financial Commission members and staff members was formed in the summer of 1994 and reviewed proposals from six firms. The committee recommended that the City continue to receive services from Deloitte & Touche. In 1996, the Financial Commission recommended and the City Council adopted a policy, which established a schedule for conducting a request for proposals (RFPs) for each of the six professional services used by the Finance Department. The purpose was to ensure that some RFPs would be done each year and that all services would be periodically rebid. This schedule established the year 2000 as the next time that a RFP would be conducted for audit services. The Financial Commission subsequently recommended and the City Council approved a change to make the year 2001 be the next time an RFP will be conducted. The proposal accepted from Deloitte & Touche in 1994 covered audits for the years 1994, 1995, and 1996. A proposal submitted by Deloitte & Touche in 1996 provides for audits of the years 1997, 1998, and 1999. Deloitte & Touche has submitted the attached engagement letter, which provides for them to audit the City's financial report and records. They propose a fee for this service for 2000 of $26,900, which is an increase of 5.5 % over the actual fee for the service for the prior year. Deloitte & Touche explains the increase as being needed to attract and retain employees in a competitive market. Since an RFP is planned before the next audit, it isn't worth arguing with Deloitte over an increase in excess of inflation. The dollar amount by which • it exceeds inflation only is only about $600. Federal regulations also require a separate audit of federal grants, know as a single audit, if those grants total more than $300,000 for the year. The city's federal grants didn't exceed that threshold in 1999 and probably won't for 2000. Based upon their proposal, Deloitte & Touche will charge an additional fee of $4,000 for the single audit of 2000, if one is required. There is a good chance that single audits will be required in 2001 and later years. Based on factors known to staff, Deloitte & Touche is doing excellent work, and we recommend continuing their service. Deloitte normally assigns four people to our audit. They are: a partner, a manager, an in charge accountant, and a junior accountant. The in charge accountant and junior accountant do most of the work in our offices while the partner and manager are in contact by phone and review work at Deloitte's office. Deloitte has audited the City since 1987. It has been their policy throughout this time to rotate in at least one new person out of the four assigned to our audit each year. The more junior members of their team rotate more frequently than the senior members. All of the positions have changed at least once, usually several times since 1987. For this year's audit, Deloitte has informed me that last ear's manager is leaving Y g g our team. A new manager has been assigned. Last year's in charge accountant will be returning. A new junior accountant will be assigned. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING AUDITORS FOR THE YEAR ENDED DECEMBER 31, 2000 WHEREAS, Section 7.01 of the City Charter provides that the City Council shall have full authority over the financial affairs of the City, including the conduct of an annual audit; and WHEREAS, the City Council has contracted with the firm Deloitte and Touche for the conduct of these audits for the years 1987 through 1999; and WHEREAS, the City Council appointed an Audit Committee to conduct a request for proposal process in 1994 and they have recommended that Deloitte & Touche LLP be retained as the City's auditor; and WHEREAS, the City Council has adopted a Policy and Procedure on Requests for Proposals for Financial Professional Services establishing a schedule which sets the year 2001 as the next time that requests for proposals will be solicited for auditors; and WHEREAS, Deloitte and Touche has submitted a proposal to audit the City for the year 2000 at a fee of $26,900 for the city audit and plus $4,000 for the audit of federal grants, should that be necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Deloitte and Touche be appointed to conduct the City audit for the year 1999 at a fee of $30,900. 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. Deloitte & Touche LLP 400 One Financial Plaza 120 South Sixth Street Minneapolis, Minnesota 55402 -1844 Tel: (612) 397 4000 Fax: (612) 397 4450 . www.us.deloitte.com Deloitte & Touche October 23, 2000 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Attention of: City Manager and Members of the City Council Dear Sirs/Madams: We are pleased to serve as independent accountants and Auditors for the City of Brooklyn Center (the City) for the year ending December 31, 2000. Mr. Cliff Hoffman, Audit Partner, will be responsible for the services that we perform for the City. He will be assisted by Mr. James Platz, Audit Manager. Mr. Hoffman will, as he considers necessary, call on other individuals with specialized knowledge, either in this office or elsewhere in our firm, to assist in the performance of our services. While auditing and reporting on the City's financial statements for the year ending December 31, 2000 is the service that we are to provide under this engagement letter, we would also be pleased to assist the City on issues as they arise throughout the year. Hence, we hope that the City will call Mr. Hoffman whenever management believes he can be of assistance. This letter sets forth our understanding of the terms and objectives of our engagement, the nature and scope of the services we will provide, and the related fee arrangements. Audit of Financial Statements: Our audit of the City of Brooklyn Center's general purpose financial statements for the year ending December 31, 2000 will be conducted in accordance with auditing standards generally accepted in the United States of America (generally accepted auditing standards) and standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. In addition, we will audit the City's compliance with laws and regulations related to the provisions of the Minnesota Legal Compliance Audit Guide for Local Government. We will plan and perform our audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud, and we will perform tests of the City's compliance with certain provisions of laws, regulations, contracts, and grants. However, because of the characteristics of fraud, particularly those involving concealment and falsified documentation (including forgery), a properly planned and performed audit may not detect a material misstatement. Therefore, an audit conducted in accordance with generally accepted auditing standards is designed to obtain reasonable, rather than absolute, assurance that the financial statements are free of material misstatement. An audit is not designed to detect error or fraud that is immaterial to the financial • statements or to detect immaterial instances of noncompliance. Deloitte Touche Tohmatsu City of Brooklyn Center October 23, 2000 Page 2 • As art of our audit, Y we will consider the City's internal control and assess control risk, as required by p generally accepted auditing standards and Government Auditing Standards, for the purpose of establishing a basis for determining the nature, timing, and extent of auditing procedures necessary for expressing an opinion on the financial statements, and not to provide assurance on the City's internal control or to identify reportable conditions. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. Our auditing procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will make audit inquiries and request written responses from the City's attorneys as part of the engagement, and they may bill the City for responding to this inquiry. The objective of an audit carried out in accordance with the standards described above is (1) the expression of an opinion concerning whether the financial statements present fairly, in all material respects, the financial position, results of operations, and cash flows of the City in conformity with accounting principles generally accepted in the United States of America (generally accepted accounting principles); (2) reporting on the internal control relevant to an audit of the financial statements; and (3) reporting on the City's compliance with laws and regulations, which could have a material effect on the financial statements. The report on our understanding of the City's internal control and the assessment of control risk made as part of the financial statement audit will include (1) the scope of our work in obtaining an understanding of the City's internal control and in assessing the control risk, and (2) the reportable conditions, including the identification of material weaknesses as a result of our work in understanding and assessing the control risk. In addition, we will render a report on illegal acts, as required, depending on the results of our audit procedures. Our ability to express an opinion and render those reports, and the wording of our opinion and reports, will, of course, be dependent on the facts and circumstances at the date of our reports. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or decline to issue a report as a result of this engagement. If we are unable to complete our audit or if our auditors' reports require modification, the reasons therefor will be discussed with city management and the City Council. Management's Responsibility: The financial statements are the responsibility of city management. In this regard, management has the responsibility for, among other things, establishing and maintaining effective internal control over • financial reporting, for properly recording transactions in the accounting records, for adjusting the City of Brooklyn Center October 23, 2000 Page 3 financial statements to correct material misstatements, for making appropriate accounting estimates, for safeguarding assets, for the overall accuracy of the financial statements and their conformity with generally accepted accounting principles, and for making all financial records and related information available to us. Management is also responsible for compliance with laws, regulations, contracts, and grants, and for establishing and maintaining effective internal control to ensure such compliance with those requirements applicable to its activities. We will advise you about accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. We will make specific inquiries of city management about the representations embodied in the financial statements. As part of our audit procedures, we will request that management provide us with a representation letter acknowledging management's responsibility for the preparation of the financial statements and for compliance with laws and regulations, and affirming management's belief that the effects of any uncorrected financial statement misstatements aggregated by us during the current audit engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. We will also request that management confirm certain representations made to us during our audit. The responses to those inquiries and related written representations of management required by generally accepted auditing standards are part of the evidential matter that we will rely on as auditors in forming our opinion on the City's financial statements. Because of the importance of management's representations, the City agrees to release and indemnify Deloitte & Touche LLP and its personnel from all claims, liabilities, and expenses relating to our services under this engagement letter attributable to any misrepresentation by management. If the City intends to publish or otherwise reproduce in any document our report on the City's financial statements, or otherwise make reference to Deloitte & Touche LLP in a document that contains other information in addition to the audited financial statements (e.g., in a periodic filing with a regulator, in a debt or equity offering circular, or in a private placement memorandum), the City agrees that prior to making any such use of our report, or reference to Deloitte & Touche LLP, city management will provide us with a draft of the document to read and obtain our approval for the inclusion or incorporation by reference of our report, or the reference to Deloitte & Touche LLP, in such document before the document is printed and distributed. The inclusion or incorporation by reference of our report in any such document would constitute the reissuance of our report. The City also agrees that management will notify us and obtain our approval prior to including our report on an electronic site. Our engagement to perform the services described above does not constitute our agreement to be associated with any such documents published or reproduced by or on behalf of the City. Any request by the City to reissue our report, to consent to its inclusion or incorporation by reference in an offering or other document, or to agree to its inclusion on an electronic site will be considered based on the facts and circumstances existing at the time of such request. The estimated fees outlined herein do not include any services that would need to be performed in connection with any such request to make use of our report, or reference to Deloitte & Touche LLP; fees for such services (and their scope) would be subject to our mutual agreement at such time and would be described in a separate engagement letter. City of Brooklyn Center October 23, 2000 Page 4 Other Communications Arising from the Audit: In connection with the planning and the performance of our audit, generally accepted auditing standards that certain matters be communicated to the City and Government Auditing Standards require Y Council. We will report directly to the City Council any fraud of which we become aware that involves senior management, and any fraud (whether caused by senior management or other employees) of which we become aware that causes a material misstatement of the financial statements. We will report to senior management any fraud perpetrated by lower level employees of which we become aware that does not cause a material misstatement of the financial statements; however, we will not report such matters directly to the City Council, unless otherwise directed by the City Council. We will inform the appropriate level of management of the City and determine that the City Council is adequately informed with respect to illegal acts that have been detected or have otherwise come to our attention in the course of our audit, unless the illegal act is clearly inconsequential. If, after determining that the City Council has been adequately informed of an illegal act that has been detected or which has otherwise come to our attention in the course of our audit, we conclude that (1) the illegal act has a material effect on the financial statements; (2) senior management has not taken, and the City Council has not caused senior management to take, timely and appropriate remedial actions with respect to the illegal act; and (3) the failure to take appropriate remedial actions is likely to result in a departure from the standard auditors' report or warrant our resignation from the audit engagement, we will directly report our conclusions to the City Council and take such actions as are required by state or federal law to report such matters to funding agencies and appropriate legal authorities. We will also report directly city management and the City Council matters coming to our attention during the course of our audit that we believe are reportable conditions. Reportable conditions are significant deficiencies in the design or operation of internal control that could adversely affect the City's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. In addition, we will communicate to the City Council about certain other matters relating to the conduct of our audit, including, when applicable: g PP • Our responsibility as auditors under generally accepted auditing standards and Government Auditing Standards • Significant accounting policies • Management judgments and accounting estimates • Audit adjustments • Other information in documents containing audited financial statements • Disagreements with management • Consultation by management with other accountants on significant matters City of Brooklyn Center October 23, 2000 Page 5 • Difficulties encountered in performing the audit • Major issues discussed with management prior to our retention as auditors We may also have other comments for management on matters we have observed and possible ways to improve the efficiency of the City's operations or other recommendations concerning internal control. With respect to these other communications, it is our practice to discuss all comments, if appropriate, with the level of management responsible for the matters, prior to their communication to senior management and/or the City Council. Access to Working Papers by Regulators: In accordance with the requirements of Government Auditing Standards, we are required to provide access to our working papers and photocopies thereof to a federal agency or the Comptroller General of the United States upon their request for their regulatory oversight purposes. If such a request is made, we will inform you prior to providing such access. The working papers for this engagement are the property of Deloitte & Touche uY and constitute confidential information. Access to the requested working papers will be provided to representatives of the United States General Accounting Office or other appropriate government audit staffs under the supervision of Deloitte & Touche LLP audit personnel and at a location designated by our firm. If photocopies are requested, we will mark all information as confidential and maintain control over the duplication of all information. All professional and administrative services relating to such access (including photocopying) will be charged as an additional expense to the engagement. Professional Fees: Our fees for these services will be based on the actual time spent at our standard hourly rates, plus actual out -of- pocket expenses (e.g., travel, copying, postage). Based on our preliminary estimates, the base fee for services should approximate $26,900. This assumes expenditures for federal awards in 2000 are under $300,000, and thus no compliance work under OMB Circular A -133 will be necessary. An audit under OMB Circular A -133, should one be required, would add approximately $4,000 to the audit fee. This estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. We will notify you promptly of any circumstances we encounter that could significantly affect our estimate and establish a new fee estimate before we incur the additional costs. Additional services provided beyond the described scope of services will be billed separately. We appreciate the opportunity to be of service to the City of Brooklyn Center. If you have any questions, please let us know. We have attached our latest peer review report for your information. City of Brooklyn Center October 23, 2000 Page 6 If the above terms are acceptable to City of Brooklyn Center and the services outlined are in accordance with your understanding, please sign the enclosed copy of this letter in the space provided and return it to us. Yours truly, Accepted and agreed to by the City of Brooklyn Center: By Title Date • =J ERNST & YOUNG LLP a 787 Seventh Avenue Ar Phone: 212 773 3000 _ New York, New York 10014 Deloitte & Touche LLP We have reviewed the system of quality control for the accounting and auditing practice of Deloitte & Touche LLP (the Finn) in effect for the year ended March 31, 1999. A system of quality control encompasses the Firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of complying with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (the AICPA). The design of the system, and compliance with it, are the responsibilities of the Finn. In addition. the Firrti has agreed to comply with the membership requirements of the SEC Practice Section of the AICPA Division for CPA Firms (the Section). Our responsibility is to express an opinion on the design of the system, and the Firm's compliance with that system and the Section's membership requirements based on our review. Our review was conducted in accordance with standards established by the Peer Review Committee of the Section. In performing our review, we obtained an understanding of the system of quality control for the Firm's accounting and auditing practice. In addition, we tested compliance with the Firm's quality control policies and procedures and with the membership requirements of the Section to the extent we considered appropriate. These tests covered the application of the Finn's policies and procedures on selected engagements. We also tested the supervision and control of portions of engagements performed outside the United States. Because our review was based on selective tests, it would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it or with the membership requirements of the Section. As is customary in a peer review, we are issuing a letter under this date that sets forth a comment relating to certain policies and procedures or compliance with them. This matter was not considered to be of sufficient significance to affect the opinion expressed in this report. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice of Deloitte & Touche LLP in effect for the year ended March 31, 1999, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA, and was complied with during the year then ended to provide the Firm with reasonable assurance of conforming with professional standards. Also, in our opinion, the Firm has complied with the membership requirements of the Section in all material respects. New York, New York November 30, 1999 Emst s. Young LLP is a member of Emu &Young International, Ltd. I City Council Agenda Item No. 91 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION OPPOSING THE CONCEPT OF ALLOWING FURTHER PROLIFERATION OF LIQUOR SALES FROM DISPENSARIES OTHER THAN DULY AUTHORIZED OFF -SALE LIQUOR STORES WHEREAS, the sale of 3.2 beer by convenience stores, grocery stores, gas stations, and other associated retail outlets for off premise consumption is currently allowed under Minnesota law, and; WHEREAS, the check out clerks at the aforementioned types of retail outlets are not generally fully trained to recognize fake identification or in other alcohol management techniques normally required for the employees of duly authorized off -sale liquor dispensaries, and; WHEREAS, the State Legislature has authorized exclusive municipal liquor stores at a local option and this option should be maintained as a means of controlling and limiting access to alcoholic beverages and as a controlled revenue source; and . WHEREAS, there is a proposal before the Minnesota Legislature that, if adopted and made law, would allow convenience stores, grocery stores, gas stations and other similar retail outlets to sell wine including sweet "pop" wines, wine coolers and associated products for off premise consumption, and; WHEREAS, the City of Brooklyn Center is endeavoring to curtail youth access to alcohol and tobacco products and; WHEREAS, the proliferation of the types of outlets where the sale of alcohol provides additional opportunities for youth to have access to alcohol. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that they hereby oppose the concept of allowing the further proliferation of liquor sales from dispensaries other than duly authorized off -sale liquor stores. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Brooklyn Center opposes any change in law that would adversely impact exclusive municipal liquor operations. RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • � aKIYN CEll S BROOKLYN CENTER s� POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Joel Downer, Chief of Police DATE: January 4, 2001 SUBJECT: Wine Sales in Grocery Stores It is anticipated that the Minnesota State Legislature will consider legislation which would allow wine sales in grocery stores. I am opposed to this proposal for the following reasons: 1. Increased accessibility to underage drinkers. At a time when our state and our communities have taken initiatives to limit access of alcoholic beverages to those of legal age, wine sales in grocery stores would bring a new set of challenges. A. Shoplifting of wine may become a significant problem. Grocery stores already face loss prevention issues with meat, seafood, baby formula and other "high end" grocery items. These items are occasionally stolen in bulk and resold by the thief. Many large grocers are open 24 hours a day. These stores are particularly vulnerable to shoplifting in the early morning hours when their staff as at a minimum. 1 3.2 beer is not secured after B. Will wine displays be secured after hours of sale? hours, and I doubt grocers would go to the trouble and expense of securing wine displays to prevent sale and theft. 2. The sale of strong beer and liquor in grocery stores will be on the legislative agenda in future sessions. Experience has shown that many changes to statutes are proposed incrementally in order to foster acceptability with legislators and the public. 3. The concept of municipal liquor is to limit and control the sale of alcoholic beverages to • those who legitimately may purchase such goods. Expanding the sale of wine to grocery stores erodes the control that is offered through municipal liquor stores. JD /'m J winesale.mem City Council Agenda Item No. 9m City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: January 3, 2001 Re: 2001 City Council Retreat Dates Carl Neu would be available for the following dates (he was not available on February 3rd & 17th): January 20th (Saturday) January 23rd (Tuesday) January 31 st (Wednesday) February 14th (Wednesday & Valentines's Day) Potential for a cancellation on February 10th (Saturday) . Mr. Neu would be available on August 11th, one of the originally identified dates. 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. 9n i City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: January 8, 2001 Re: Contract with Local #82 Patrol Officers & Detectives Subsequent to the proposed memorandum of understanding, we reached agreement with Local #82 on all of the contract items for 2001, subject to City Council approval. Since we would like to implement the contract as soon as possible for the 1 st payroll in 2001, I am requesting a substitution on the agenda of the attached Resolution Approving a Contract for the Resolution Authorizing a j Memorandum of Understanding. The proposed contract provides for the items identified in the memorandum of understanding and: - general wage increase of 3% - increase in longevity and educational incentives of between $25.00 and $30.00 per month (These items were not increased in 2000 over the 1999 level.) - includes the drug task force detective in the increased on -call pay (from $100 per month to $125 per month) - provides for removal from a personnel file of discipline for one instance of tardiness or missed training or court, if that is the only discipline during an 18 month period following imposition of discipline for missing a training or court date or tardiness. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2001 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City has negotiated in good faith with LELS 82 (Police Officers) for a contract for the year 2001 as attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to execute the attached contract with LELS 82 (Police Officers) for calendar years 2001 with such language changes as may be necessary to clarify any terms, provided such language changes do not change the substance or monetary compensation set forth in the attached contract. BE IT FURTHER RESOLVED that authorized wage and benefit adjustments not to exceed the maximum contained herein shall become effective according to the schedule of the contract which commences January 1, 2001. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Master Labor Agreement Between City of Brooklyn Center And Law Enforcement Labor Services, Local Number 82 (Police Officers) January 1, 2001— December 31, 2001 TABLE OF CONTENTS ARTICLE PAGE I Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Employer Security 2 5 Employer Authority 2 6 Union Security 2 7 Savings Clause 2 8 Constitutional Protection 2 9 Seniority 3 10 Work Schedules 4 11 Discipline 4 12 Employee Rights — Grievance Procedure 5 13 Overtime 7 14 Court Time 8 15 Call Back Time g 16 Working Out of Classification g 17 Standby Pay g 18 Leaves of Absence g 19 Severance 9 20 Injury on Duty 9 21 False Arrest Insurance 9 22 Training 9 23 Post License Fees 10 24 Uniforms 10 25 Longevity and Educational Incentive 10 26 Holiday Leave 11 27 Vacation Leave 11 28 Sick Leave 12 29 Insurance 13 30 Wage Rates 13 31 Benefits for Retirees 15 32 Mileage and Expense Reimbursement 15 33 Light Duty 15 34 Agreement Implementation 15 • 35 Waiver 15 36 Duration 16 ARTICLE 1— Purpose of Agreement This Agreement is entered into between the City of Brooklyn Center, hereinafter called the Employer, and Law Enforcement Labor Services, Local No. 82, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2 - Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statues, Section 179A.03, Subdivision 14, for all police personnel in the following job classifications: Detective Police Officer 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 - Definitions 3.1 UNION: Law Enforcement Labor Services, Local No. 82. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services, Local No. 82. 3.3 DEPARTMENT: The City of Brooklyn Center Police Department. 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.5 EMPLOYER: The City of Brooklyn Center. 3.6 CHIEF: The Chief of the Brooklyn Center Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Local No. 82. 3.8 DETECTIVE: An employee specifically assigned or classified by the Employer to the job classification and/or job position of Detective. 3.9 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAKS: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.13 REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for detective and school liaison officer excluding any other special allowance. 3.14 STRIKE: Concerned action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. -1- ARTICLE 4 - Employer Security The Union agrees that during the life of this Agreement the Union will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of or interference with the normal functions of the Employer. ARTICLE 5 - Employer Authority 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel, to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 6 — Union Security 6.1 The Employer shall deduct the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position • of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7 - Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Brooklyn Center. In the event any provision of the Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 8 — Constitutional Protection Employees shall have the rights granted to all citizens by the United States and Minnesota Constitutions. -2- ARTICLE 9 - Seniority 9.1 Seniority shall be determined by continuous length of service in all of the job classifications covered by this Agreement. Employees promoted from classifications covered by this Agreement to a position outside the bargaining unit will continue to accrue seniority under this Agreement until the completion of their promotional probationary period or for no longer than twelve (12) months. The seniority roster shall be based on length of service in all of the job classifications covered by this Agreement. Employees lose seniority under this Agreement under the following circumstances: resignation, discharge for cause, or transfer or promotion to a classification not covered by this Agreement after completion of the promotional probationary period or for no longer than twelve (12) months after transfer or promotion. 9.2 There shall be an initial probationary period for new employees of twelve (12) months. During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. The Employer shall give the Union and the employees at least two (2) weeks written notice in advance of any layoff. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of the layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments, and promotions when the job - relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full -time employment. Except as noted in the preceding sentence, shift assignments shall be bid on the basis of seniority at least annually and after any permanent change in the work schedule. Employees will not be subject to shift rotation more often than every four (4) months. 9.6 The Employer shall recognize reverse seniority by classification as the primary factor when calling off -duty employees to duty and when considering scheduled duty changes if such employees are qualified. 9.7 One continuous vacation period shall be selected on the basis of seniority until April 1 of each calendar year. 9.8 The Employer shall recognize seniority as the primary factor when authorizing holiday leave and compensatory time leave. 9.9 No time shall be deducted from an employees seniority accumulation due to absences occasioned by an authorized leave with pay, any military draft or government call -up to Reserves or National Guard, or for layoffs of less than two (2) years in duration. i -3- ARTICLE 10 — Work Schedules 10.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each employee through: a. hours worked on assigned shifts, b. holidays, C. assigned training, and d. authorized leave time. 10.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 10.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. ARTICLE 11 - Discipline 11.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a. oral reprimand; b. written reprimand; C. suspension; d. demotion; or e. discharge. 11.2 Suspension, demotions, and discharges will be in written form. 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 11.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer. 11.5 A single disciplinary action for failure to attend training. court or tardiness will be removed from the personnel file after 18 months if. during that time, the single incident of discipline for failure to attend training, court or tardiness, is the onlv occurrence of discipline during, that 18 month period. 11.5 Discharges will be preceded by a five (5) day suspension without pay. 11.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 11.7 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article 12. -4- ARTICLE 12 — Employee Rights — Grievance Procedure 12.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 12.2 Union Representatives - The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when so designated as provided by 6.2 of this Agreement. 12.3 Processing of a Grievance - It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 12.4 Procedure - Grievances, as defined by Section 12. 1, shall be resolved in conformance with the following procedure: St An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty -one (2 1) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer- designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer- designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Std If appealed, the written grievance shall be presented by the Union and discussed with the Employer - designated Step 2 representative. The Employer- designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer- designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. -5- Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer- designated Step 3 representative. The Employer- designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer- designated representative's final answer to Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual Agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timeliness for Step 4 of the grievance procedure. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days of mediation shall be considered waived. Step 4. A grievance unresolved in Step 3 or Step 3a and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 12.5 Arbitrator's Authority a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer • and the Union, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 12.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived ". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last -6- answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union in each step. ARTICLE 13 - Overtime 13.1 Employees will be compensated at one and one -half (1 1 /2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest six (6) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the employee from so working. 13.7 When uniformed patrol employees have less than twelve (12) hours of duty -free time between assigned shifts, they will be compensated at a rate of one and one -half (1 1 /2) times the employee's regular base pay rate for the next shift. For purposes of this Article, shift extensions, elected overtime, voluntary changes of shifts, City- contracted work, training, and court time are considered as duty -free time. The twelve (12) hour requirement may be waived by mutual Agreement between the Employee and the Police Administration. 13.8 As an option to monetary compensation for overtime, an employee may elect compensatory time off at a rate of one and one -half (1 1 /2) time. An employee's compensatory time bank shall not exceed forty (40) hours at any time during a calendar year. On or about December 1 of each year, the City will pay off by check the balance of compensatory time accumulated by each police officer. No compensatory time will be accumulated or used during the month of December. Special overtime duty assignments made available to all positions by the Chief of Police at the police officer's rate of compensation will not be eligible for compensatory time. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer- designated supervisor. (This amendment will sunset to the current contract language at the end of 2001.) 13.9 Employees given less than sixteen (16) hours notice of a scheduled duty change other than their regularly scheduled work period shall be compensated at one and one -half (1 1 /2) times the employee's regular pay rate for hours worked outside of the scheduled work period. -7- ARTICLE 14 - Court Time An employee who is required to appear in court during their scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one -half (1 1 /2) times the employee's base pay rate. An employee reporting to court after a scheduled "dog- watch" shift or any other shift ending between 0300 and 0600 hours shall receive a minimum of three (3) hours' pay at one and one -half (1 1 /2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for court appearance does not qualify the employee for the two (2) hour minimum. Employees shall not be required to work office or street duty to qualify for the court time minimum. An employee who is required to appear in court during their scheduled off -duty time shall be given 12 hours notification of cancellation of the court appearance. If the notification is not given prior to 12 hours, the employee will receive the two (2) hour court time minimum. ARTICLE 15 - Call Back Time An employee who is called to duty during their scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one -half (1 1 /2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hours minimum. ARTICLE 16 - Working Out Of Classification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. • ARTICLE 17 — Standby Pay Employees required by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. ARTICLE 18 — Leaves of Absence 18.1 In cases of demonstrated need and where sick leave has not been abused, the Employer shall grant to employees a leave of absence without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence, the Employer will not permanently fill the employee's position and the employee's benefits and rights shall be retained. 18.2 An employee called to serve on a jury shall be reimbursed the difference between the amount paid for such service (exclusive of travel and expense pay) and compensation for regularly scheduled working hours lost because of jury service. 18.3 Employees ordered by proper authority to National Guard or Reserve Military Service not exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence without loss of status. Such employees shall receive compensation from the Employer equal to the difference between his regular pay and the lesser military pay. 18.4 Employees called and ordered by proper authority to active military service in time of war or . other properly declared emergency shall be entitled to leave of absence without pay during -8- such service. Upon completion of such service, employees shall be entitled to the same or similar employment of like seniority, status, and pay as if such leave had not been taken, subject to the specific provisions of Chapter 192 of the Minnesota Statutes. 18.5 Members of the bargaining unit will receive such additional leaves as provided for under State or Federal law, as the same laws may be amended from time to time. 18.6 Additional leaves of absence may be granted in the City Manager's discretion upon the same terms and conditions as then applicable to non -Union employees pursuant to the City's Personnel policy applicable to non -Union employees at the time of application for a leave of absence. ARTICLE 19 - Severance 19.1 An employee shall give the Employer two (2) weeks notice in writing before terminating his employment. 19.2 Severance pay in the amount of one -third (1/3) the accumulated sick leave employees have to their credit at the time of resignation or retirement, times their respective regular pay rate, shall be paid to employees who have been employed for at least five (5) consecutive years. If discharged for just cause, severance pay shall not be allowed. ARTICLE 20 — Injury on Duty Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the employee's regular pay and Workers' Compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to the employee's vacation, sick leave, or other accumulated paid benefits, after a three (3) working day initial waiting period per injury. The three (3) working day waiting period shall be charged to the employee's sick leave account less Workers' Compensation insurance payments. ARTICLE 21- False Arrest Insurance The Employer will provide each employee and pay 100% of the premium due thereon, with false arrest insurance provided, however, that the Employer will not be obligated to contribute to the purchase of coverage for any punitive damage claims which may constitute a portion of such false arrest insurance. In the event that separate coverage cannot be obtained (i.e., for false arrest insurance coverage not including punitive damage claims), then the Employer shall not be obligated to pay for any premium which may become due for such insurance. In that event, the Union may, on behalf of its members, obtain quotes for such insurance, including insurance containing separate coverage for punitive damage claims arising out of false arrest, and the Employer shall make contributions to the purchase of such insurance as shall be otherwise required according to the first sentence of this Article. ARTICLE 22 - Training 22.1 The Employer shall reimburse each employee who is required to maintain a license as a law enforcement officer under Minnesota Statutes, Section 626.84, et sec.., for actual expenses of tuition, meals, travel, and lodging incurred in meeting the continuing education requirements • of the Minnesota Police Officers Standards and Training Board, not to exceed 48 hours of such training every three (3) years. The Employer need not make such reimbursement for -9- attendance at a course located less than sixty (60) miles from the City of Brooklyn Center and such reimbursement shall not exceed similar allowances for state employees. If the Employer provides in- service training to its employees which meets the continuing education requirements of the Minnesota Police Officers Standards and Training Board, and if the Employer provides its employees with an opportunity to attend such in- service training courses, to the extent that such opportunity is provided to each employee, the obligation of the Employer to reimburse such employee for expenses incurred in attending continuing education courses shall be reduced. 22.2 The Employer shall pay each employee their regular salary while attending continuing education courses whether or not such courses attended are in- service training courses or courses given by instructors other than the Employer. The obligation of the Employer to pay such salaries shall not exceed a total of forty -eight (48) hours every three (3) years. ARTICLE 23 — Post License Fees The Employer shall pay up to $90 for the cost of POST license fees for all employees requiring such license during each license period. ARTICLE 24 - Uniforms The Employer shall provide required uniform and equipment items. In addition, the Employer shall pay to the uniformed officers a maintenance allowance of $100.00 per year. Plainclothes officers, including the trainee, shall be paid a clothing allowance of $500.00 per year. ARTICLE 25 — Longevity and Educational Incentive 25.1 After four (4) years of continuous employment, each employee shall choose to be paid supplementary pay of $135 per month or supplementary pay based on educational credits as outlined in 25.6 of this Article. 25.2 After eight (8) years of continuous employment, each employee shall choose to be paid supplementary pay of $215 per month or supplementary pay based on educational credits as outlined in 25.6 of this Article. 25.3 After twelve (12) years of continuous employment, each employee shall choose to be paid supplementary pay of $295 per month or supplementary pay based on educational credits as outlined in 25.6 of this Article. 25.4 After sixteen (16) years of continuous employment, each employee shall choose to be paid supplementary pay of $365 per month or supplementary pay based on educational credits as outlined in 25.6 of this Article. 25.5 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 25.6 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate o£ Associates Degree $215 per month • Bachelor's Degree $295 per month Master's Degree $365 per month -10- ARTICLE 26 — Holiday Leave 26.1 Holiday leave shall be granted for the following holidays: New Year's Day Columbus Day Martin Luther King Day Veterans' Day Presidents' Day Thanksgiving Day Memorial Day Christmas Day Independence Day Two (2) floating holidays Labor Day 26.2 Employees shall receive compensatory time off for each of the earned and accrued holidays. Such time off shall be taken as soon as practicable before or after the holiday for which it is accrued and as approved by the Employer. 26.3 An employee who works on New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Memorial Day, Veterans' Day, Columbus Day, Martin Luther King's Day, or Presidents' Day shall receive time and one -half (1 1 /2) employee's regular pay rate for all hours worked in addition to straight compensatory time off for the holiday. 26.4 Except as provided in 26.3, overtime pay shall not be authorized for employees for hours worked on holidays when such work is part of the planned schedule. 26.5 An employee may request a holiday off, which he /she is required to work, prior to fourteen calendar days before the holiday. The Employer shall post the open holiday shift to be filled by another employee at the holiday rate of pay. The employee making the request for the • holiday off is responsible for working the holiday if the posting is not filled five (5) days prior to the holiday. ARTICLE 27 - Vacations 27.1 Permanent full -time employees shall earn vacation leave with pay as per the following schedule: 0 through 5 years of service - eighty (80) hours per year (accrued at 3.08 hours per pay period) 6 through 10 years of service - one hundred twenty (120) hours per year (accrued at 4.62 hours per pay period) eight (8) additional hours per year of service to a maximum of one hundred sixty (160) hours after fifteen (15) years of service 11 years - 4.92 hours per pay period 12 years - 5.23 hours per pay period 13 years - 5.54 hours per pay period 14 years - 5.85 hours per pay period 15 years - 6.15 hours per pay period 27.2 Employees using earned vacation leave or sick leave shall be considered working for the purpose of accumulating additional vacation leave. - 11 - 27.3 Vacation may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. No employee shall be allowed to use vacation leave during • his initial six (6) months of service. Employees shall not be permitted to waive vacation leave and receive double pay. 27.4 Employees with less than five (5) years of service may accrue a maximum of one hundred twenty (120) hours of vacation leave. Employees with more than five (5) but less than fifteen (15) consecutive years of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of one hundred sixty (160) hours of vacation leave. Employees with fifteen (15) consecutive years or more of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of two hundred thirty (230) hours of vacation leave. 27.5 Employees leaving the service of the Employer in good standing, after having given the Employer proper notice of termination of employment, shall be compensated for vacation leave accrued and unused. ARTICLE 28 — Sick Leave 28.1 Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight (8) hours per month or ninety -six (96) hours per year (computed at 3.69 hours per pay period) of full -time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use during the first six (6) months of service. 28.2 Sick leave shall be used normally for absence from duty because of personal illness or legal quarantine of the employee, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents -in -law, spouse, or children of the employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers -in -law, sisters -in -law, grandparents, grandparents -in -law, and grandchildren of the employee. In addition to the preceding conditions, supervisors may approve the use of sick leave, up to a maximum of four (4) days (32 hours) per calendar year, for the care of the employee's children or spouse when the employee's supervisor determines that the situation requires the employee's presence. The four (4) special -use days (32 hours) cannot be accumulated from one year to the next, and if they are not used, they are included in the employee's normal sick -leave accumulation. 28.3 Sick leave shall accrue at the rate of eight (8) hours per month or ninety -six (96) hours per year until nine hundred sixty (960) hours have been accumulated (shall be computed at 3.69 hours per pay period). Effective January 1, 1994, after nine hundred sixty (960) hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month or forty- eight (48) hours per year (computed at 1.85 hours per pay period), and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month or twenty -four (24) hours per year (computed at .925 hours per pay period). Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workers' Compensation benefits shall be credited against the compensation due employees utilizing sick leave. -12- 28.4 In order to be eligible for sick leave with pay, an employee must: a. notify the Employer prior to the time set for the beginning of their normal scheduled shift; b. keep the Employer informed of their condition if the absence is of more than three (3) days duration; C. submit medical certificates for absences exceeding three (3) days, if required by the Employer. 28.5 Employees abusing sick leave shall be subject to disciplinary action. 28.6 An employee who has accumulated 960 hours of sick leave and who uses 16 or fewer sick leave hours in a calendar year shall receive a wellness incentive equal to eight (8) hours at the employee's regular rate of compensation. ARTICLE 29 - Insurance 29.1 2001 Full -time employees Effective 1/1/01, the City will contribute payment of four hundred fifty dollars ($450) per month per employee for use in the Employer's Cafeteria Benefit Plan. Additional benefits may be purchased by the employee as made available through the Employer's Cafeteria Benefit Plan. 29.2 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use as provided in the Employer's Cafeteria Benefit Plan. The Employer will make a good faith effort to provide the following options for employee selection: group dental, supplemental life, long -term disability, deferred compensation or cash benefits. The Employer will be excused from the requirement of offering a particular option where such becomes unfeasible because of conditions imposed by an insurance carrier or because of other circumstances beyond the City's control. ARTICLE 30 - Wage Rates REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for detective, and school liaison officer; and excluding any other special allowance. 30.1 Effective January 1. 2000 Police Officer base rate: (P5) After 36 months of continuous employment $4183 per month (P4) After 24 months of continuous employment 93% of After 36 months rate (P3) After 12 months of continuous employment 86% of After 36 months rate (P2) After 6 months of continuous employment 79% of After 36 months rate (P1) Starting rate 72% of After 36 months rate 30.2 Employees classified or assigned by the Employer to the following job classifications or positions will receive two hundred dollars ($200) per month or two hundred dollars ($200) prorated for less than a full month in addition to their regular wage rate. School Liaison Officer Detective - 13 - 30.3 Detectives Serving On -Call: Detectives will work a schedule which requires them to serve on -call on a rotating basis. The City will pay each Detective serving on -call on a rotating basis one hundred twenty -five dollars ($125.00) per month in addition to their regular wage. Detectives who are called back to duty while serving on -call will be paid according to Article 15 of the labor Agreement. Officers assigned to work with the Detectives for training purposes will not receive the one hundred twenty -five ($125.00) per month nor will they be required to serve on -call. 30.4 Employees classified or assigned by the Employer to the following classification or position will receive one hundred twenty -five dollars ($125) per month in addition to the amount received pursuant to that in 30.2. Detective(s) assigned to Drug Task Force 30.5 Employees classified or assigned by Employer to the position of Field Training Officer (FTO) will receive an additional $1.50 per hour in addition to their regular wages for time spent in field supervision. Such additional pay shall not be included in calculations of overtime pay, but in the case of overtime hours spent in field supervision, such $1.50 per hour shall be paid in addition to overtime pay. 30.6 When there is no Sergeant on duty, and senior management personnel do not assume command of the shift, the senior officer working will be in charge of the shift. The officer in charge will receive, in addition to their regular hourly pay, one dollar and fifty cents ($1.50) or fifty percent (50 %) of the difference between the top patrol rate (P5) and the Sergeant rate, whichever is greater. Officer in charge pay will be calculated to the nearest six (6) minutes. Officer in charge pay will not be included in the calculation of overtime. 30.7 Field Training Officers while serving in the capacitu of a Field Trainine Officer (working with a new police officer) shall not serve as the senior officer in charge., 30.8 Employees classified by the Employer to the canine handler classification will receive the following in addition to their regular wage rate: a. The officer will receive the last thirty (30) minutes of each scheduled shift for dog maintenance and care at the officer's home. b. The officer will receive forty -five (45) minutes of overtime pay for dog maintenance, care, and training for each of the officer's scheduled days off. C. When the officer uses time off (sick, vacation, or comp time) for any whole scheduled shift, he must take time equivalent to one -half hour less than whole shift and be paid for whole shift. d. When the officer uses holiday time for any whole schedule shift, he must take eight (8) hours of leave time and will be paid for eight (8) hours. -14- e. When the officer uses a portion of a scheduled shift as sick or vacation time, which is less than the full eight (8) hours, he must take the actual time used in leave time. • out h care of the canine officer, all above items do not apply. f. When dog i s of the , ARTICLE 31— Benefits For Retirees Retirees at the time of retirement, shall receive the same options and level of City contribution for insurance coverage upon retirement as are provided by the City's Personnel Policy covering non - Union employees as such options and contributions may be changed by the City from time to time. ARTICLE 32 — Mileage and Expense Reimbursement Employees shall receive the same mileage and expense reimbursement rates upon the same terms and conditions as generally provided in the City's Personnel Policy covering non -Union employees as such policy may be changed by the City from time to time. ARTICLE 33 — Light Duty Members of the bargaining unit will be eligible for temporary light duty assignment upon approval of the City Manager upon such terms and conditions as would apply to non -Union employees of the City as set forth in the City's personnel policy, as the same may be amended from time to time by the City. ARTICLE 34 - Agreement Implementation Employer shall implement the terms of this Agreement in the form of a resolution. If the implementation of the terms of this Agreement require the adoption of a law, ordinance, or charter amendment, the Employer shall make every reasonable effort to propose and secure the enactment of such law, ordinance, resolution, or charter amendment. ARTICLE 35 - Waiver 35.1 Any and all prior Agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. g � Y P 35.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. I • -15- ARTICLE 36 - Duration This Agreement shall be effective as of January 1, 2001 and shall remain in full force and effect until the thirty-first (3 1) day of December, 2001, as noted in the contract. IN WITNESS THERETO, the parties have caused this Agreement to be executed this day of , 2001. FOR THE CITY OF FOR LAW ENFORCEMENT BROOKLYN CENTER LABOR SERVICES NO. 82 Mayor Business Agent • City Manager Union Steward • -16- s City Council Agenda Item No. 90 • MEMORANDUM DATE: January 11, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Staff Report RE: New Cable Franchises The rthwest C on November 16 No Suburbs Cable Communications Commission ( NWSCC ) , 2000 adopted Cable Franchise Agreements with Seren Communications and Everest Connections. According to our Joint Powers Agreement, these Franchises are considered adopted by the City unless we elect to drop out of the NWSCC The possibility of two additional cable providers in the northwest suburbs will provide competition which will likely benefit consumers in the long run, but in the immediate run the construction of the systems will be very disruptive, intrusive, and staff time intensive. Throughout the development of the franchise agreements, City staff was involved in a right of way committee that debated the terms of the franchise as it related to the use of public right of . way. A number of our suggestions were added to the agreement. Our main staff concern was that our right of way ordinance takes precedence over the franchise agreement so that all users of city right of way are following the same regulations and practices. Our City Attorney Charlie LeFevere and Bob Vose, an attorney at Kennedy and Graven who specializes in right of way issues, have reviewed this franchise. It is their opinion that our right of way ordinance does take precedence over the franchise provisions as it relates to use of the right of way. Our right of way ordinance should be amended to reflect changes in the Model Ordinance since the ordinance was adopted and also to address additional concerns that the cable system installations have raised. Staff and the attorneys from Kennedy and Graven are currently working on researching and drafting language addressing the following issues. We expect to bring to the Council a first reading of an ordinance amendment at the second meeting in January. As the new franchisees are eager to begin construction, we believe it is important to get this process started as soon as possible so it is at least underway when these companies start submitting permit applications. The ROW ordinance as it currently stands is oriented more toward maintenance of an existing system, or incremental additions to a system such as adding new services. There are some issues that relate more towards installation of a new system that we believe should be strengthened. • Issues Relating to Installations • In the past several years, the City has spent many millions of dollars reconstructing streets. Our ability to protect the integrity of the pavement is primarily financial — by setting higher permit fees and costlier restoration standards for new pavements, it is generally financially more feasible to use methods that do not disturb the pavement. During the installation of a new system, however, cost is usually less of a factor than speed. Our ROW ordinance requires that all new installations be underground. However, there are locations and occasions when we do not want the installation underground because it would require a pavement cut. We are developing standards for determining where and when we would waive the requirement to install underground versus overhead, with a special emphasis on preserving the integrity of our new pavements. • The new systems will require the installation of more than just cable. There are a number of pedestals, junction boxes, vaults, backup power facilities, etc. which will also have to be located in the right of way. Of particular concern is impact on street maintenance such as adequate snow storage; traffic safety, such as obstruction of sight distance; and aesthetics. We are reviewing options for adding specific facility location standards to the ROW ordinance in addition to those already in other sections of the ordinances • An additional concern is the possibility of very intrusive facilities in residential areas. Because these new providers expect to at some point provide local telephone service as well as cable, they must meet emergency communications standards, including backup power sources. Typically, a provider will install backup battery facilities throughout their system. However, at least one provider is considering installing diesel - powered generators instead of battery backup. These generators would need to be regularly tested and exercised to assure readiness. These backup power sources would have to be distributed throughout the system, with the possibility that at least some could likely be installed in the right of way in residential neighborhoods. We are researching ways to minimize this type of intrusion, such as zoning standards, maximum dB levels, stricter permit standards, etc. • We are researching any authority we might have to regulate overhead cabling such as the minimum height of a cable across a road, minimum height of a cable in an easement, number of cables on a pole, height of poles, etc. • Our ROW ordinance does not specify the maximum size of permits. In other words, a provider could submit one permit covering work to be completed in the entire City. Our leverage over a user of the right of way is generally control over future permits (in other words, we have the authority to deny future permits until work under previous permits is completed satisfactorily) or monetary penalties. If a provider is able to submit a single permit application covering the entire city, then they don't care if they don't get another • permit. Similarly, if a penalty accrues for not meeting permit standards, it would accrue on only one permit, even though there may be numerous violations. We are developing specific size standards for permits, limiting the amount of work that can be accomplished on a permit, and also the duration of work. So, for example, a permit might be for work on 8 city blocks over 15 days. All work in that area must be completed satisfactorily in 15 days (or longer, with penalties) before another permit can be issued. • Finally, we are reviewing the permit fee schedule, and will likely be recommending substantial changes. Of particular concern is that administrative fees are sufficient to reimburse the city for what will likely be a substantial amount of staff time and energy. We will also look at the possibility of a requirement that the provider pay the expense of a consultant working on behalf of the city to provide inspection services. This is similar to what we do now with cellular phone service providers leasing space on water towers to install antennas. That lease requires the provider to pay the cost of a consultant knowledgeable in water tower structures and coatings to work on behalf of the city and inspect the provider's work, assuring the integrity of the water tower structures. Issues Relating to Amelioration of Negative Impacts on Residents and Property Owners Installation of a new cable plant will be very intrusive and will have an impact on almost every property owner in the city. Two new systems will be even more difficult. For business reasons, the providers' installers will focus on only one thing: getting the system in, up, and running as quickly as possible to maximize market share. Minimization of property damage and completion of proper restoration will be very low on their list of priorities. Of course those issues will be very high on our property owners' list of priorities. During last years' cable system upgrade, which was modest compared to the scope of work that Seren and Everest will be undertaking, Public Works staff spent an enormous amount of time simply enforcing restoration standards. During construction months, we essentially have one person, the Public Works Specialist, who is available to manage right of way among his other duties. During the upgrade, at times he was spending 75 percent of his time on this task, much of it chasing after the cable installer to correct bad sod jobs, redo street patches, etc. Some residents had to wait several months for conditions to be repaired. • We are researching ways of providing more options to ameliorate the negative impact on our residents and property owners. One option would be to require the installer to escrow with the City a security fund on which we can draw directly to get work completed, rather than having to rely on a performance bond which can be very difficult and time consuming to draw against. A security fund could allow us to, for example, simply hire a sod contractor to correct a poor restoration job, rather than spend days of effort to get the contractor back to correct his work. • Public Works simply does not have enough staff time available to manage this process, provide inspection and follow up services, and provide the high level of customer service that residents have come to expect. In addition to these cable system installations, Public Works has a full plate of construction and maintenance projects for 2001 and 2002. As mentioned above, we may have to hire, at the cable providers' expense, a consulting firm to provide inspection services. We may also need additional part time or short-term help to take phone calls and communicate with residents. • The franchise agreements require the cable providers and their contractors to notify property owners when work will be proceeding in their area. We believe it will be important to supplement this information with articles in City Watch, notices on cable TV, articles in the Brooklyn Center Post, and any other means. At a minimum, residents will have concerns about what these cable installers can and can't do or put in backyard easements and on the boulevard. Once we have a better idea of the installation plans, we will develop and implement a communications plan.