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HomeMy WebLinkAbout2001 11-13 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION November 13, 2001 6:00 P.M. West Fire Station Training Room 1. City Council discussion of agenda items and questions 2. 2002 Draft City Council Meeting Schedule a. Regular meeting: 2" d & 4 Mondays i. Note: Nov. 12 and May 28 Tuesdays following holidays ii. Study sessions at 6:00 p.m. preceding open forum & regular City Council meeting b. Board of Equalization: May 6th c. Meeting with Commission Chairs: March 18 d. Commission Recognition: April 15 at 6:30 p.m. e. City Council Retreats i. Possible dates 3. Annual City Manager evaluation a. Format b. Date 4. Adjourn City of Brooklyn Center 2002 City Council Meeting Schedule PROPOSED Note: Temporary c p y in location January through April West Fire Station 6250 Brooklyn Boulevard City Council Study Session begins at 6:00 p.m. in Council /Commission Conference Room (CR) Informal Open Forum begins at 6:45 p.m. in Council /Commission Conference Room (CR) Regular Session City Council meeting begins at 7:00 p.m. in Council Chambers (CC) City Council Work Session begins at 6:00 p.m. in Council /Commission Conference Room (CR) JANUARY MAY SEPTEMBER 14th 6th 9th •6:00 p.m. Study Session (W) •7:00 p.m. Board of Equalization (CC) •6:00 p.m. Study Session (CR) 96:45 p.m. Open Forum (W) 13th 96:45 p.m. Open Forum (CR) 97:00 p.m. Regular Session (W) •6:00 p.m. Study Session (CR) 97:00 p.m. Regular Session (CC) 28th •6:45 p.m. Open Forum (CR) 11th Wednesday •6:00 p.m. Study Session (W) •7:00 p.m. Regular Session (CC) 95:00 p.m. Election Canvass (CC) •6:45 p.m. Open Forum (W) 20th 23rd •7:00 p.m. Regular Session (W) 96:00 p.m. Work Session (CR) •6:00 p.m. Study Session (CR) 28th Tuesday •6:45 p.m. Open Forum (CR) FEBRUARY •6:00 p.m. Study Session (CR) •7:00 p.m. Regular Session (CC) 11th •6:45 p.m. Open Forum (CR) •6:00 p.m. Study Session (W) •7:00 p.m. Regular Session (CC) OCTOBER •6:45 p.m. Open Forum (W) 7th •7:00 p.m. Regular Session (W) JUNE 96:00 p.m. Work Session (CR) 19th Tuesday 10th 14th •6:00 p.m. Work Session (W) 96:00 p.m. Study Session (CR) •6:00 p.m. Study Session (CR) 25th •6:45 p.m. Open Forum (CR) •6:45 p.m. Open Forum (CR) •6:00 p.m. Study Session (W) 97:00 p.m. Regular Session (CC) 97:00 p.m. Regular Session (CC) •6:45 p.m. Open Forum (W) 17th 28th 97:00 p.m. Regular Session (W) 96:00 p.m. Work Session (CR) •6:00 p.m. Study Session (CR) 24th •6:45 p.m. Open Forum (CR) MARCH •6:00 p.m. Study Session (CR) •7:00 p.m. Regular Session (CC) Ilth •6:45 p.m. Open Forum (CR) •6:00 p.m. Study Session (W) 97:00 p.m. Regular Session (CC) NOVEMBER •6:45 p.m. Open Forum (W) 6th Wednesday •7:00 p.m. Regular Session (W) JULY 95:00 p.m. Election Canvass (CC) 18` 8th 12th Tuesday •6:30 p.m. Work Session With 96:00 p.m. Study Session (CR) •6:00 p.m. Study Session (CR) Commission Chairs (W) 6.45 p.m. open Forum (CR) 96:45 p.m. Open Forum (CR) 25th 97:00 p.m. Regular Session (CC) 97:00 p.m. Regular Session (CC) •6:00 p.m. Study Session (W) 22nd 18th •6:45 p.m. Open Forum (W) •6:00 p.m. Study Session (CR) •6:00 p.m. Work Session (CR) 97:00 p.m. Regular Session (W) •6:45 p.m. Open Forum (CR) 25th 97:00 p.m. Regular Session (CC) •6:00 p.m. Study Session (CR) ARIL •6:45 p.m. Open Forum (CR) 8th AUGUST 97:00 p.m. Regular Session (C) •6:00 p.m. Study Session (W) 12th •6:45 p.m. Open Forum (W) 96:00 p.m. Study Session (CR) DECEMBER •7:00 p.m. Regular Session (W) •6:45 p.m. Open Forum p.m. (CR) 2nd 15th •7:00 p.m. Regular Session (CC) •6:00 p.m. Truth In Taxation •6:30 p.m. Commission Recognition 19th Tentative (CC) (Constitution Hall) •6:00 p.m. Work Session (CR) 9th 22nd 26th •6:00 p.m. Continuation Truth In 96:00 p.m. Study Session (W) •6:00 p.m. Study Session (CR) Taxation Hearing (CC), if needed; or •6:45 p.m. Open Forum (W) •6:45 p.m. Open Forum (CR) Study Session (CR) •7:00 .m. Regular Session •7:00 .m. Re p gu (V� Regular Session CC .m. Open Forum CR P b'u ( ) 6.45 P P ( ) •7:00 p.m. Regular Session (CC) All dates are subject to change. Call City Hall at 763 -569 -3300 to verify dates and times. City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Lasman, Nelson, Peppe, and Ricker From: Michael J. McCauley City Manager Date: November 8, 2001 Re: Evaluation This item is on the agenda to discuss the format and timing for my annual evaluation and salary review. Attached is a copy of the form that was used last year. Additional materials supplied to the Council last year included a summary of progress on City Council goals and major projects, and a spreadsheet of salary comparisons using the same group of cities used by the Financial Commission to review Council salaries. I would like to have the Council determine how it wishes to proceed with the evaluation process. That is: - do you want to use the same format updated for 2001 goals? - when and how do you wish to meet regarding the evaluation? - do you want a recap from me similar to last year prior to your review, or would you like different or additional information? 6301 Shingle Creek Parkway • • • Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 CITY MANAGER EVALUATION FORM: 2000 1.City Council Goals for 2000 Responsibility: The City Manager should - implement those goals that can be accomplished through staff - provide support and information to facilitate City Council achievement its goals Goal No. 1: Support Brookdale Redevelopment By: • use of tax increment assistance • review and evaluation of land use applications • prompt construction and plan review /inspection • monitoring developer performance - Has the City Manager worked to implement and facilitate this adopted City Council goal? Yes Partially No Comments: City Manager Comments: Development Agreement signed with Talisman Brookdale, L.L.C. - contract and plans for demolition, anticipated to start early November - Applebee' re- located and open - GAP and Wilson Leather completed - several stores re- located in mall to prepare for NW demolition - Contempo Casuals and Vision World completed Goal No. 2: Continue and Improve Code Enforcement and Compliance Activities By: • coordinated effort of police and community development departments • focus on high - density areas while continuing neighborhood enforcement • continue to evaluate additional approaches to achieving improved compliance - Has the City Manager worked to implement and facilitate this adopted City Council goal? Yes Partially No Comments: Page #2 City Manager Comments: new computer system installed for tracking compliance - interdepartmental team formed - sweep of entire City completed ahead of schedule - re- inspections taking place - CDBG monies re- allocated to provide greater level of assistance to persons in maintaining and repairing homes through a joint effort of CEAP and HOME; Brooklyn Center Cares program providing some assistance using these resources and other volunteers. Goal No. 3: Increase Proactivity Towards Fighting Crime By: • increased visibility of police in neighborhoods • continue and expand participation rate in neighborhood watch program include policy safety information in all City newsletters - Has the City Manager worked to implement and facilitate this adopted City Council goal? Yes Partially No Comments: City Manager Comments: information included in every City Watch; continued police work on visibility and continued high neighborhood watch participation I Page #3 Goal No. 4: Support and Encourage Northeast Corner of 69th Avenue and Brooklyn Boulevard Redevelopment By: • supporting and exploring responsible and credibly financed development proposals • ensuring that plans support the long -term goals of the City's Comprehensive Plan - Has the City Manager worked to implement and facilitate this adopted City Council goal? Yes Partially No Comments: City Manager Comments: Requests for Proposals solicited; one proposal for mixed use: senior housing over commercial received and reviewed by staff; appears by Springsted analysis that proposal is not financially feasible; Community Development exploring interest expressed by other parties Goal No. 5: Continue Planning for Community Center and City Hall Work By: • developing actual designs and cost estimates for project and improvements - Has the City Manager worked to implement and facilitate this adopted City Council goal? Yes Partially No Comments: City Manager Comments: reviewed concept estimates and feasibility to test cost estimates and suitability; remodeling selected as only viable option; architect selected; initial Page #4 concept work is progressing; anticipate demolition work in I st quarter of 2001 and bids in beginning of 2nd quarter of 2001 Goal No. 6: Continue and Improve Long -Term Financial Planning By: • continue five -year planning for utilities and capital improvements • continue /expand five -year planning for other funds • review and develop contingency planning • move toward development of 2 -3 year budget projections for the City - Has the City Manager worked to implement and facilitate this do Y g p adopted ed City Council goal? Yes Partially No Comments: City Manager Comments: five year planing in capital and enterprise funds completed; incomplete process update in General Fund due to other projects; golf fund plan is current for 5+ years Goal No. 7: Support and Promote Major Road and Street Improvement Projects: • start Brooklyn Boulevard with the County in the year 2000 (completion in the year 2001) • Highway 100: - continue support /participation in North Metro Mayors Highway 100 Council - keep project schedule with Mn/DOT - support Highway 694 widening project, with improved sound walls, by Mn /DOT - support other arterial enhancements as opportunities arise - Has the City Manager worked to implement and facilitate this adopted City Council goal? Yes Partially No Comments: Page #5 City Manager Comments: continued participation in North Metro Highway 100 Council, City participated Robbinsdale on engineering study; MnDOT announced full fundingfor Stage IV and Stage V, with Stage V moved to 2003 construction; Public meeting held on July 19th for residents along project area, compendium assembled for Council project history, architects engaged y, to conduct public meetings and make report to City Council; substantial work in preparing for public meetings and Council decisions - staff continues to work with Hennepin County on Brooklyn Blvd., including review of options to ameliorate impacts on and lessen costs to acquire car dealers Goal No. 8: Plan for Destination Parks By: • develop plan for destination park improvements in Capital Improvement Plan - Has the City Manager worked to implement and facilitate this adopted City Council goal? Yes Partially No Comments: City Manager Comments: draft plan approved by Park & Recreation Commission and public input sought in City Watch newsletter; affordable S year plan incorporated into Capital Improvement Plan Goal No. 9: Support and Expand Joslyn Site Development B pP : P Y P Y • working with developer to complete phase II and III - Has the City Manager worked to implement and facilitate this adopted City Council goal? Yes Partially No Comments: Page #6 City Manager Comments: grant application forPhases II has been approved & potential grantfor a Phase III has been developed as a potential undertaking dependent on future proposals ; developer is having difficulty overcoming land write -down occurring in Brooklyn Park and Champlin which have reduced costs below bare land costs - acquisition of Dale Tile from developer as part of the TIF undertaking proposed to facilitate full development of Joslyn site (tabled pending results of SEH study and public meetings on France connection) - Phase II construction work started Goal No. 10: Continue to Improve Traffic Safety Focusing on Traffic Calming By: • continuing enforcement efforts through multiple resources • continuing and expanding information to the public on traffic safety and calming efforts - Has the City Manager worked to implement and facilitate this adopted City Council goal? Yes Partially No Comments: City Manager Comments: police continue targeted enforcement; information planned for inclusion in newsletters; safety camp held again this summer; installation of new crosswalk signs in chartreuse color; public works evaluates projects for ways to achieve this goal Goal No. 11: Special Visioning Project to Create a Redevelopment Strategy Based on the City's Vision for the Future; and, Developing Opportunities to Promote Inclusion of ALL Residents in Brooklyn Center's Community Life By: • establishing 2 to 4 work sessions and retreats to be conducted during the period of January- March, 2000, to set direction and develop outlines for accomplishing goals - Has the City Manager worked to implement and facilitate this adopted City Council goal? Yes Partially No Comments: Page #7 City Manager Comments: Smart Growth Grant received from Metropolitan Council Overall Evaluation of Work on Citv Council Goals - Overall, has the City Manager worked to implement and facilitate adopted City Council goals? Yes Partially No Comments: 2. Administrative Support for City Council: Responsibility Maintain effective communication, both verbal and written with Council Maintains availability to Council, either personally or through designated subordinates Systematic reporting to Council of current matters involving City government Materials presented to Council are clear, concise and understandable - Has the City Manager provided the City Council with background and other information to allow the Council to make informed decisions as described above? Yes Partially No Comments: Page #8 - Has the City Manager assisted the City Council in clarifying complex issues and understanding administrative, legal and procedural requirements? Yes Partially No Comments: 3. Chief Administrative Officer duties: - Has the City Manager provided administrative oversight and direction in the following areas: - City Fiscal affairs (budget, expenditures) Plans and organizes preparation of an annual budget with documentation that conforms to the direction received from the City Council Supervises the utilization of human and fiscal resources within the budgetary plan Financial reporting is timely and understandable - City operations Services are delivered in a timely and effective manner (ie. snow plowing, police and fire response, park maintenance, recreation) Citizen issues are responded to appropriately and in timely fashion Issues affecting service delivery are anticipated and dealt with effectively - City projects - Annual street project is undertaken in organized and effective manner - City Enterprise operations - Water, sewer, and storm sewer funds are financially stable and services delivered in effective and efficient manner - Golf and Liquor funds are operated in a manner that results in meeting financial targets so that they are self - sufficient and meet Council goals for operation such as minimum of $75,000 transfer from Liquor Fund - Earle Brown Heritage Center is operated as community asset, while meeting operational self - sufficiency from its own revenues Page #9 Yes Partially No Comments: 4. Intergovernmental Relations Has the City Manager: - been sufficiently active in participating in municipal organizations to which the City belongs - had a relationship with other cities that is beneficial to the City of Brooklyn Center - been effective in communicating or representing Council positions to other governmental bodies - worked cooperatively with other organizations where beneficial to the City of Brooklyn Center Yes Partially No Comments: 5. OVERALL EVALUATION OF PERFORMANCE: Overall, City Manager's efforts to implement and facilitate 1999 Council goals has been: Excellent Good Satisfactory Poor Comments: Overall, City Manager's administrative support of City Council has been: Page #10 Excellent Good Satisfactory Poor Comments: Overall, City Manager's discharge of administrative duties in fiscal affairs, operations, projects, and enterprises has been: Excellent Good Satisfactory Poor Comments: Overall, City Manager's efforts in intergovernmental matters has been: Excellent Good Satisfactory Poor Comments: City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members L-as'man, Nelson, Peppe, and Ricker From: Michael J. McCauley City Manager Date: November 9, 2001 Re: Council Retreat I spoke with Carl Neu today regarding potential dates for a Council Retreat. Mr. Neu is booked for a number of newly elected conferences in Minnesota and Washington in January and February. The following are possible dates: Monday February 4th Tuesday February 5 th Tuesday February 12 Thursday February 14 (reduced cost of travel expenses shared with League) Monday February 18 Monday March 8` (reduced cost of travel expenses shared with another city) Friday March 15 Saturday March 16 Please review your calendars for the discussion of the 2002 Council schedule on Tuesday at the study session. 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 MEETING City of Brooklyn Center November 13, 2001 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 3. Call to Order Regular Business Meeting 4. Roll Call 5. Pledge of Allegiance ® 6. Council Report 7. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. October 22, 2001 - Study Session 2. October 22, 2001 - Regular Session b. Licenses C. Approval of Dental Insurance Rates d. Resolution Authorizing and Directing Fund Transfers to the Special Assessment Construction Fund and Capital Improvement Fund CITY COUNCIL AGENDA -2- November 13, 2001 e. Approval of Site Performance Guarantee Release for Extended Stay America at 2701 Freeway Boulevard f. Resolution Authorizing Execution of Amendments to Agreements to Lease Space on Water Towers #2 and #3 to Nextel for the Purpose of Installing Additional Wireless Communications Antennas g. Resolution Establishing 2002 Street and Storm Drainage Special Assessment Rates h. Resolution Authorizing the Submittal of a Grant Application to the Suburban Hennepin Regional Park District for the Construction of a Trail from TH 100 to Brookdale i. Resolution Amending the 2001 Pay Plan To Be Consistent with Teamsters Collective Bargaining Agreement and Amending Personnel Rules and Regulations to Clarify Authority to Reimburse Moving Expenses 8. Public Hearings a. An Ordinance Vacating Certain Utility Easements in BROOKLYN 55 ADDITION (This item was first read on September 24, 2001, continued at the October 22, 2001, and is offered this evening for second reading and public hearing.) •Requested Council Action: - Continue the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. b. Consideration of Renewal Application for a Currency Exchange License From Community Money Centers, Inc. dba Money Centers, 6219 Brooklyn Boulevard - Resolution Authorizing Issuance of a Currency Exchange License to Community Money Centers, Inc. dba Money Centers, 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota *Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. 9. Council Consideration Items a. Resolution Expressing Appreciation for the Gifts of the Brooklyn Center Lions Club in Support of Our Halloween Party and Safety Camp Activities • Requested Council Action: - Motion to adopt resolution. CITY COUNCIL AGENDA -3- November 13, 2001 b. Resolution Expressing Recognition For and Appreciation of the Public Service of Organizations Participating in Brooklyn Center's Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street Programs •Requested Council Action: - Motion to adopt resolution. C. Joint Resolution Requesting Concurrent Detachment from Brooklyn Center and Annexation to Robbinsdale of Certain Property South of TH 100 Pursuant to Minn. Stat.§ 414.061 • Requested Council Action: - Motion to adopt resolution. d. 2002 Public Utility and Service Charge Rate Study - Resolution Adopting the 2002 Water Utility Rate Schedule - Resolution Adopting the 2002 Sanitary Sewer Utility Rate Schedule - Resolution Adopting the 2002 Storm Drainage Utility Rate Schedule - Resolution Adopting the 2002 Recycling Rates - Resolution Adopting the 2002 Street Light Service District Rate Schedule - Resolution Adopting the 2002 Water and Sanitary Sewer Connection Charges *Requested Council Action: - Motion to adopt resolutions. e. Recommendation from the Park and Recreation Commission Regarding A Soccer Field at Northport Park *Requested Council Action: - Motion to approve the elimination of the west softball field and replacement with a soccer field. f. Recommendation from the Park and Recreation Commission Regarding Basketball Courts at Willow Lane Park and Central Park -Requested Council Action: - Motion to approve the conversion of two tennis courts at Central Park to basketball courts and elimination of basketball courts at Willow Lane except for a half court for construction in 2002. g. Recommendation from the Park and Recreation Commission Regarding American Little League Request - Resolution Authorizing Development of a Contract in the Amount of $5,000 With The Brooklyn Center American Little League For Recreational Services For ® Brooklyn Center Youth *Requested Council Action: - Motion to adopt resolution. CITY COUNCIL AGENDA 4- November 13, 2001 h. Resolution Approving Contract with Minnesota Teamsters Public and Law Pp g Enforcement Employees' Union Local No. 320 for the Calendar Years 2001 and 2002 • Requested Council Action: - Motion to adopt resolution. i. Resolution Expressing Recognition For and Appreciation of Fair Oaks Elementary School for Participating in the Random Acts of Kindness Program •Requested Council Action: - Motion to adopt resolution. 10. Adjournment i • City Council Agenda Item No. 7a ® MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION OCTOBER 22, 2001 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 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Bob Peppe, and Tim Ricker. Councilmember Ed Nelson was absent and excused. Also Present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. Police Chief Joel Downer arrived at 6:30 p.m. • CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed City Council agenda items 9a, Continued Public Hearing Regarding Proposed Special Assessments for Delinquent Public Utility Service Accounts, l Ob, Resolution Ordering the Correction of Hazardous Conditions 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 6842 West River Road, l Od, Resolution Providing for the Competitive Negotiated Sale of $730,000 General Obligation Improvement Bonds, Series 2001A, and 10e, Staff Report: Joint Resolution Requesting Concurrent Detachment from Robbinsdale and Annexation to Brooklyn Center of Certain Property North of TH 100; and Concurrent Detachment from Brooklyn Center and Annexation to Robbinsdale of Certain Property South of TH 100 Pursuant to Minn. Stat. § 414.061. Councilmember Lasman shared an e -mail she received regarding City Council agenda item 9a and questioned the process that would be used for a situation as this with a residential property owner. City Manager Michael McCauley discussed the differences and what process would be used if this type of situation would occur for a residential property owner. AMM POLICY PRIORITIES Council discussed the Association of Metropolitan Municipalities (AMM) policy priorities for 2002 and the following will be submitted for the top five policies that the AMM should focus on • for the 2002 Legislative Session: 10/22/01 -1- DRAFT II -A Mandates and Local Authority (General Legislation) III -J Tax Increment Financing (TIF) (Housing and Economic Development) is I -A Levy Limits (Revenue) I -B Local Government Aid (Revenue) IV -F Growth Management Strategy (Metropolitan Agencies) MISCELLANEOUS Mr. McCauley discussed that he received an e -mail from the Metropolitan Council regarding Smart Growth and that he will be putting an item on the October 29, 2001, worksession for Council discussion. Councilmember Lasman informed the Council that she had received a phone call from Phil Caruthers requesting the Palmer Lake area being surveyed for possible burial sites. Mr. McCauley discussed that the area had already been surveyed and will have staff prepare a letter discussing the area in question. Mayor Kragness informed the Council that she had attended the Brooklyn Historical Society Annual meeting that took place on Sunday, October 21, 2001, and that it was very successful. Police Chief Joel Downer updated the Council on issues happening in Brooklyn Center with car thefts and the hotel /motel businesses. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the study session at 6:38 p.m. Motion passed unanimously. City Clerk Mayor • 10/22/01 -2- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 22, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council continued from the study session into informal open forum at 6.45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Bob Peppe, and Tim Ricker. Councilmember Ed Nelson was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Police Chief Joel Downer, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. • Mary Baker, 6007 Fremont Avenue North, addressed the Council to introduce her daughter, Kara Jean L. Baker. Ms. Baker informed the Council that Kara Jean is the 2001 Miss Minnesota Sweetheart Hostess and that she wished to have Kara Jean meet the Mayor and Council of Brooklyn Center. Kara Jean entered the room and shook hands with the Mayor and Council Members. ADJOURN INFORMAL OPEN FORUM The Council adjourned the informal open forum at 6:57 p.m. 2. INVOCATION Mayor Kragness offered the invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:02 p.m. 10/22/01 -1- DRAFT 4. ROLL CALL • Mayor Myrna Kragness, Councilmembers Kay Lasman, Bob Peppe, and Tim Ricker. Councilmember Ed Nelson was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Police Chief Joel Downer, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Lasman reported that she attended the Crime Prevention meeting on October 17, 2001, and the Peacemaker's Auction and Dinner on October 11, 2001. She shared that the Police Chief Joel Downer presented information at the meeting regarding the City's safety response and preparedness and that the same information will be presented this evening by Mr. Downer. Mayor Kragness reported that she also attended the Peacemaker's Auction and Dinner on October 11, 2001, and shared that they honored Dave Grass, former Brooklyn Center Police Officer. Mayor Kragness informed the Council that she attended the Brooklyn Historical Society Annual meeting on October 21, 2001, which was very well attended, and that copies 6f "The Brooklyns" will be on sale at Brookdale around Christmas time if persons were interested in purchasing a book. 6. APPROVAL OF AGENDA AND CONSENT AGENDA • A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the minutes from the October 8, 2001, study and regular sessions, and the October 15, 2001, general work session (joint meeting with the Financial Commission). Motion passed unanimously. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. MECHANICAL Ace Mechanical Services, Inc. 4820 Lexington Avenue NE, Ham Lake Wencl Services, Inc. 8148 Pillsbury Avenue S, Bloomington 10/22/01 -2- DRAFT RENTAL Renewal: 5900 Camden Avenue North Patti Zoerb Initial: 2800 Mumford Road Eric Lind TAXICAB Chukwudi Okeke 5252 West 98 "' Street, Bloomington 6c. APPROVAL OF APPLICATIONS FOR EXCLUDED BINGO FROM THE WILLOW LANE PTA FOR EVENTS TO BE HELD ON NOVEMBER 16, 2001, AND MARCH 15, 2002, AT WILLOW LANE ELEMENTARY SCHOOL A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve applications for excluded bingo from the Willow Lane PTA for events to be held on November 16, 2001, and March 15, 2002, at Willow Lane Elementary School. Motion passed unanimously. 6d. RESOLUTION AMENDING LEVY NOS. 15128 AND 15129 TO PROVIDE FOR DEFERRAL OF CERTAIN SPECIAL ASSESSMENTS RESOLUTION NO. 2001 -144 ® Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING LEVY NOS. 15128 AND 15129 TO PROVIDE FOR DEFERRAL OF CERTAIN SPECIAL ASSESSMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7. RANDOM ACTS OF KINDNESS PRESENTATION OF RECOGNITION AND CERTIFICATE CEREMONY Mayor Kragness discussed that the City has conducted Random Acts of Kindness since 1997 during Cities Week. This year the City received nine nominations of which 35 people were included and one entire elementary school. Mayor Kragness informed the audience that each Council Member would help in reading and presenting certificates to those who were present. For the nominated persons who were not present their certificates will be delivered by the Mayor or mailed by staff. Councilmember Ricker read the nominations for Kelly Jo Mrozka, Michael Myslicki, Kara Jean Baker, Joleen Baker, and Christopher Baker. Michael Myslicki, Kara Jean Baker, Joleen Baker, and Christopher Baker were present to receive their certificates. • 10/22/01 -3- DRAFT Councilmember Lasman read the nominations for the seven school patrols at Willow Lane Elementary School, Jennifer Troup, T.J. Troup, Sheena -Marie Nicholls, Breanna Andrews, Julie Lee, Steve Zierke, and Matt Chopp, the students at Willow Lane Elementary School who participated in a "Penny Collection Drive ", Zachary Rickman, Dan Kledzinski, Alex Ryan, Danielle Bredy, and JaVon Latimore, and Ben Boken. Matt Chopp, Dan Kledzinski, Alex Ryan, Zachary Rickman, and Ben Boken were present to receive their certificates. Councilmember Peppe read the nominations for Kathy Kroening- Smith, and families and children at the Edinbrook Elementary School. Kathy Kroening -Smith was present to receive her certificate. Mayor Kragness read the nomination for Mr. Toutge's Third Grade Class at Earle Brown Elementary School. No one was present to receive the certificate. Mayor Kragness commended all the nominees and thanked them for their love and care around Brooklyn Center. 8. SPECIAL REPORT ON PUBLIC SAFETY RESPONSE AND PREPAREDNESS Police Chief Joel Downer reported on the City's Emergency Response to Bioterrorism and informed the Council that the residents of Brooklyn Center need to be one big neighborhood watch group and report any suspicious activity. Mayor Kragness thanked Mr. Downer and commended him on all the work undertaken since the September 11, 2001, attacks. 9. PUBLIC HEARINGS 9a. CONTINUED PUBLIC HEARING REGARDING PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS (This continuation is for the assessment of Lang- Nelson, 6100 Summit Drive, which was removed from the resolution that was adopted on September 10, 2001.) - Resolution Certifying Special Assessment for a Certain Delinquent Public Utility Service Account to the Hennepin County Tax Rolls City Manager Michael McCauley discussed since the last meeting negotiations had continued and an agreement had been reached with Mr. Lang, property owner of Earle Brown Terrace, to assess $36,000 over 15 years with no interest. Council had discussed this issue at its study session and was favorable of the offer as long as it had no impact on the residents at Earle Brown Terrace. 10/22/01 -4- DRAFT • • A motion by Councilmember Peppe, seconded by Councilmember Lasman to continue the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Ricker to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2001-145 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR A CERTAIN DELINQUENT PUBLIC UTILITY SERVICE ACCOUNT TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. CONTINUATION OF RANDOM ACTS OF KINDNESS • Sheena -Marie Nicholls arrived to receive her certificate for Random Acts of Kindness. Councilmember Lasman presented Ms. Nicholls her certificate and thanked her for the random act of kindness. 9b. AN ORDINANCE VACATING CERTAIN UTILITY EASEMENTS IN BROOKLYN 55 ADDITION Mr. McCauley discussed that on July 9, 2001, the Council approved the final plat for BROOKLYN 55 ADDITION and that the final plat subdivided the parcel located at 5445 Xerxes Avenue North containing the old Toys R Us building into three contiguous lots. As part of the platting process, the developer dedicated an additional utility easement over existing public utilities. The platting resulted in an overlap of utility easements and it is proposed to eliminate this overlap at this time rather than further encumber the property with duplicate easements. Mr. McCauley informed the Council that this item was first read on the September 24, 2001, and was not properly published. It was suggested to open the public hearing and continue the public hearing to the November 13, 2001, meeting. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. • No one wished to address the Council. 10/22/01 -5- DRAFT A motion by Councilmember Lasman, seconded by Councilmember Ricker to continue the Public Hearing to the November 13, 2001, meeting. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING ORDER OF BUSINESS: ADDING PLEDGE OF ALLEGIANCE Mr. McCauley discussed that this resolution, based on a recommendation from Mayor Kragness, would amend the City Council Handbook and add the Pledge of Allegiance to the Order of Business. The Order of Business would read as follows: 1. Informal Open Forum with City Council — 6:45 p.m. 2. Invocation * - 7 p.m. 3. Call to Order Regular Business Meeting 4. Roll Call 5. Pledge of Allegiance 6. Council Report 7. Presentations 8. Approval of Agenda and Consent Agenda 9. Public Hearing 10. Planning Commission Items • 11. Council Consideration Items 12. Adjournment RESOLUTION NO. 2001 -146 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING ORDER OF BUSINESS: ADDING PLEDGE OF ALLEGIANCE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. The Pledge of Allegiance was spoken. 10b. RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS 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 6842 WEST RIVER ROAD 10/22/01 -6- DRAFT • Mr. McCauley discussed that the property at 6842 West River Road had been a problem for many I years and was cleaned up with costs recovered including attorneys fees, but subsequently the house was severely damaged by fire. Since the fire the house has had nothing done to it and it has been indicated from the City's Prosecuting Attorney to invoke the Hazardous Building Act and related laws to permit the City to raze and remove the home and clean up the fire debris if the property owner does not do so. RESOLUTION NO. 2001 -147 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS 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 6842 WEST RIVER ROAD The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. loc. REQUEST FOR PROPOSALS — PROFESSIONAL AUDIT SERVICES Mr. McCauley discussed that under the current policy, which the City Council had established, audit services are to be bid each six years. 2001 is the year bids should be solicited for audit services and a proposed Request for Proposals (RFP) had been prepared for Council consideration. The Financial Commission recommended approval of the RFP at a joint meeting with the City Council on October 15, 2001. This item is on the agenda for final approval and to move forward with advertising. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the RFP. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Peppe to appoint the following to the review committee for the RFP received. Motion passed unanimously. Mayor Myrna Kragness Councilmember Kay Lasman Councilmember Ed Nelson Financial Commission Chair Donn Escher Financial Commissioner Jay Hruska Financial Commissioner Mark Nemec 10/22/01 -7- DRAFT 10d. RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED • SALE OF $730,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001A Mr. McCauley discussed that this resolution would provide for the competitive negotiated sale of $730,000 to finance various improvement projects in the City. RESOLUTION NO. 2001 -148 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $730,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001A The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. 10e. STAFF REPORT: JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM ROBBINSDALE AND ANNEXATION TO BROOKLYN CENTER OF CERTAIN PROPERTY NORTH OF TH 100; AND CONCURRENT DETACHMENT FROM BROOKLYN CENTER AND ANNEXATION TO ROBBINSDALE OF CERTAIN PROPERTY SOUTH OF • TH 100 PURSUANT TO MINN. STAT. § 414.061 Mr. McCauley discussed that the Robbinsdale City Council is not prepared to move forward with the proposed land exchange to accomplish the detachments and annexations as part of the TH 100 segment four design and outlined the options that City of Brooklyn Center could pursue and suggested that the Council might wish to hold off on this item until the Robbinsdale City Council makes their final decision. Councilmember Ricker questioned the potential trail through the area in question and if there would be any costs to residents of Brooklyn Center. Public Works Director Diane Spector discussed that staff is working with Hennepin County Parks for funding and that if funding is not provided there is an expense included in the 2002 budget for the potential trail. It was the consensus of the Council to hold off on any action until a response is received from the Robbinsdale City Council. 10L RESOLUTION AUTHORIZING AND DIRECTING FUND TRANSFERS TO SUPPORT FACILITY CONSTRUCTION/REMODELING Mr. McCauley discussed this resolution would authorize and direct fund transfers to support facility construction/remodeling identified in the resolution. 10/22/01 -8- DRAFT • RESOLUTION NO. 2001 -149 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AND DIRECTING FUND TRANSFERS TO SUPPORT FACILITY CONSTRUCTION /REMODELING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 11. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Ricker to adjourn the City Council meeting at 7:49 p.m. Motion passed unanimously. City Clerk Mayor • 10/22/01 -9- DRAFT City Council Agenda Item No. 7b City of Brooklyn Center • A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk .09 DATE: November 7, 2001 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 November 13, 2001. MECHANICAL Capital City Heating & A/C Inc. 400 East Horsehoe Drive, Shoreview Ramsey Heating & Cooling 15430 Nowthen Blvd., Ramsey Superior Heating A/C & Electric 2132 2" Avenue North, Anoka • MOTOR VEHICLE DEALERSHIP Brooklyn Center Motors, LLC (dba Luther Brookdale Chrysler Jeep) 6121 Brooklyn Boulevard RENTAL Initial: 47026 81h Avenue North Christopher LeBarron/Kristina Johnson 5424 70 Circle North Mary Turcotte 4201 Lakeside Avenue North, #201 Jack Hansen 3100 O'Henry Road Steve Moore 6401 Scott Avenue North Glenn Berscheit SIGN HANGER DeMars Signs 410 93` Avenue NW, Coon Rapids Leroy Signs, Inc. 6325 Welcome Avenue, Brooklyn Park Minnesota Sign Co. 791 South Garfield, Cambridge TAXICAB Abduikarim Warsame 2515 South 9 Street, Minneapolis 6301 Shingle Creek Parkway Recreation, and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 • City Council Agenda Item No. 7c Memorandum Date: October 23, 2001 To: Michael J McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: Dental Insurance Rates On Wednesday, October 17, 2001, we were notified by our agent, the AT Group, of the new rates for our current dental insurance plan through Delta Dental. They are proposing a 17% increase over the current rates. This increase appears to be consistent with other providers we received quotes from this past June when the dental insurance program was re -bid. If has been our goal to move this insurance program to the same contract period as all other employee benefit insurance programs, the calendar year. The current dental insurance plan has a July 1 -June 30 contract period. This requires two open enrollment sessions for employees each year. At the first open enrollment meeting in the spring, employees select dental insurance. Six months later, an open enrollment meeting is scheduled such that employees can select all other program options. Delta Dental will honor the current rates until June 30, 2002 as part of the current plan. This would permit the City to solicit other insurance quotes during the upcoming months to be effected July 1, 2002 if the rates represent a better value. Based on our last solicitation, Delta Dental represented the best value and would continue to be the best value after July 1, 2002 under the new rate program when compared to other quotes. Should the City find a more attractive plan during the spring of next year and implement such a plan on July l it may mean that employees would be required to satisfy two deductibles during one calendar year. Based on these concerns and the proposed rates, we are suggesting the following rates be adopted effective January 1, 2002 with the plan year (contract year) modified to a calendar year from the current July 1 -June 30 contract period. Delta Dental Rates July 1, 2001 January 1, 2002 Proposed Single $22.25 $26.20 Employee plus one $47.25 $55.60 Family $67.20 $79.00 City Council Agenda Item No. 7d • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING AND DIRECTING FUND TRANSFERS TO THE SPECIAL ASSESSMENT CONSTRUCTION FUND AND CAPITAL IMPROVEMENT FUND WHEREAS, the City Council has adopted a plan for reconstruction of infrastructure and other improvements in the community to include parks, trails /pathways, and municipal facilities; and WHEREAS, amounts dedicated to this purpose have been identified to the City Council as part of the CIP; and WHEREAS, the City Council has indicated that amounts in excess of the policy requirements for fund balance in the General Fund should be directed to the Special Assessment Construction Fund and the Capital Improvement Fund; and WHEREAS amounts have been identified in excess of the Y requirements. uirements. P q • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER that the following amounts be transferred as identified. From: General Fund -Fund Balance $340,000 To: Capital Project Fund $115,000 To: Special Assessment Construction Fund $225,000 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7e • • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning Specialist � "(Aj SUBJECT: Site Performance Guarantee Release t DATE: November 6, 20001 The following site performance guarantee being held by the city for the completion of various site improvements should be recommended to the City Council for total release: Extended Stay American, Inc. (2701 Freeway Boulevard) Planning Commission Application No. 98005 Amount of Guarantee - $25,000 (Performance Bond) ® Obligor — Extended Stay America, Inc. All site work and conditions for which a site performance guarantee was posted have been completed for this 1998 Planned Unit Development amendment. On June 6, 1998, the City Council authorized the reduction of the original $115,000 performance bond to $25,000 based on the progress of the development to that date. Some of the shrubs were dead or dying at that time as well as a few trees on the site. Better pond maintenance was suggested and the developer had not yet submitted the required as built utility survey to the Engineering Department. These landscape matters have all been rectified and the as built survey has been submitted. It is recommended that the City Council authorize release of the remaining $25,000 performance bond based on the completion of all required site improvements. City Council Agenda Item No. 7f I ® MEMORANDUM DATE: November 7, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Authorizing Execution of Amendments to Agreements to Lease Space on Water Towers #2 and #3 to Nextel for the Purpose of Installing Additional Wireless Communications Antennas Nextel Communications proposes amending its site lease agreements at Towers #2 and #3. They wish to install a fourth antenna set at each location. This additional equipment would not require any additional ground space. As compensation, Nextel proposes a $3,600 annual rent increase. The current annual rent is $17,624.84 per site. As usual, Nextel also agrees to deposit an escrow with the City from which we will pay our tower coatings consultant, KLM, to review the plans and monitor constriction. • The City Attorney has reviewed the lease amendment, and his minor suggestions have been incorporated into the final version before you tonight. Staff recommends approval. ® Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AMENDMENTS TO AGREEMENTS TO LEASE SPACE ON WATER TOWERS #2 AND 43 TO NEXTEL FOR THE PURPOSE OF INSTALLING ADDITIONAL WIRELESS COMMUNICATIONS ANTENNAS WHEREAS, the City Council by Resolutions 99 -63 and 00 -140 authorized leasing space on Water Towers #2 and #3 to Nextel Communications for the purpose of installing wireless communication antennas; and WHEREAS, Nextel Communications proposes to amend these leases to provide for the installation of an additional antenna at each location; and WHEREAS, as compensation for the additional antennas Nextel Communications proposes to increase its annual rent payment by $3,600 for each site; and ® WHEREAS, the tenns of the proposed lease amendments are acceptable. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor is hereby authorized to execute Amendments No. 1 to the Site Lease Agreements between Nextel Communications and the City of Brooklyn Center for Water Towers #2 and #3. 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. Site No: MN0135 Site Name: River Road ® AMENDMENT NO. 1 This Amendment No. 1 ( "Amendment ") made as of this day of , by and between City of Brooklyn Center, a Minnesota Municipal Corporation (hereinafter referred to as "Landlord" which term shall include its successors and assigns where the context so admits) and Nextel West Corp., a Delaware corporation d/b /a Nextel Communications (hereinafter referred to as "Tenant" which term shall include its successors and assigns where the context so admits). WITNESSETH: WHEREAS, the Landlord and Tenant entered into a certain Site Lease dated 15th day of June, 2000 (hereinafter referred to as the "Lease "), for installation and use of the Tenant Facilities located in the Town/City of Brooklyn Center, County of Hennepin, State /Commonwealth of Minnesota, more commonly known as 6900 Dupont Avenue North, City of Brooklyn Center, County of Hennepin, State of Minnesota, legally described in Exhibit A of the Site Lease, subject to any and all existing easements, and a portion of Water Tower #2 or other structures ( "Structure "), as more particularly shown in Exhibit B attached hereto, on which directional antennas, connecting cables and appurtenances will be attached and located, the exact location of each to be reasonable approved by Landlord's City Engineer, together with appurtenant easements and access rights (hereinafter referred to as the "Leased Premises "); ® WHEREAS, Landlord and Tenant agree that the Lease provides that Tenant shall have the right to operate communications services at the Leased Premises; NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The Exhibit B attached to the Lease is hereby deleted in its entirety and replaced with the Exhibit B -1 attached hereto and all references in the Lease to Exhibit B shall hereinafter refer to the Exhibit B-1 attached hereto. 2. That Paragraph 2 of the Lease, entitled Rent is hereby amended by adding the following new paragraph after paragraph 2 (a). "Effective as of the date of the commencement of the construction of the modifications to the Tenant Facilities, or April 1, 2002 whichever occurs first, at the Leased Premises ( "Effective Date "), the payment of the annual Rent amount then in effect shall be increased by Thirty -six Hundred and 00 /100 DOLLARS ($3600.00) per year ( "Rent Increase "). The first payment of the Rent Increase shall be due and payable within fifteen (15) business days of the Effective Date and thereafter on January 1 . Rent Increase shall be payable with and considered a part of the Rent and shall be subject to the increase under the preceding paragraph. The Rent Increase for • K: UxaseForms \STDAgree\3Gamendment.doc 1 10/30/200110/30 /200111:17 AM 11:17 AM Site No: MN0135 Site Name: River Road ® any fractional month at the beginning of the Effective Date shall be appropriately prorated." 3. Effective as of the date of this Amendment, Tenant has the right to do all work necessary to prepare, maintain and alter the Leased Premises in accordance with the Exhibit B -1 attached hereto and as may be necessary for Tenant's business operation at the Leased Premises. All alterations, changes and equipment modifications made pursuant to this Amendment shall be made in compliance with the terms, covenants and conditions of the Lease, as hereby amended, and shall remain Tenant's personal property and are not fixtures. Landlord and Tenant further affirm that title to the Tenant Facilities (including any modifications made in accordance with this Amendment) shall be held by Tenant. 4. Paragraph 19(d) is hereby revised to provide the following notice address for Tenant as follows: Tenant: Nextel West Corp. 9401 James Avenue South, Suite 180 Bloomington, MN 55431 Attn: Digital Property Manager Copy to: Nextel Communications • 400 West Grand Avenue Elmhurst, IL 60126 Attn: Site Development Manager Copy to: Nextel Communications, Inc. 2001 Edmund Halley Drive Reston, VA 20191 -3436 Sixth Floor Mail Stop 6E630 Attn: Site Leasing Services, Contracts Manager 6. Miscellaneous (a) All capitalized terms used herein, unless otherwise defined herein, shall be defined in conformity with the terms and conditions of the Lease. (b) In case of any inconsistencies between the terms and conditions contained in the Lease and the terms and conditions contained herein, the terms and conditions herein shall control. Except as set forth herein, all provisions of the Lease remain unchanged and in full force and effect. (c) This Amendment may be executed in multiple counterparts, each copy of which • shall be deemed an original document. K: \LeaseForms\STDA gee\3Gamendment.doc 2 10/30/200110/30/200111:17 AM 11:17 AM Site No: MN0135 Site Name: River Road IN WITNESS WHEREOF, the parties have executed this instrument as a sealed instrument ® as of the day and year first written above. LANDLORD: TENANT: City of Brooklyn Center, a Minnesota Nextel West Corp., a Delaware corporation, Municipal Corporation d/b /a Nextel Communications : By: B Y Y Name: Name: Brian T. Chase Title: Title: Director of Engineering Date: Date: • EXHIBIT B -1 DESCRIPTION OF LEASED PREMISES to the Amendment dated , by and between City of Brooklyn Center, a Minnesota Municipal Corporation, as Landlord, and Nextel West Corp., a Delaware corporation, d/b /a Nextel Communications, as Tenant. SEE ATTACHED • K:1 LeaseForms \STDAgree\3Gamendment.doc 3 10/30/200110/30 /200111:17 AM 11:17 AM Site No: MN0135 Site Name: River Road • Notes: 1. This Exhibit may be replaced by a land survey of the Leased Premises once it is received by Tenant 2. Setback of the Leased Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire • departments 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. K: \Le aseForms \STDAgree\3Gamendment.doc 4 10/30/200110/30 /200111:17 AM 11:17 AM Site No: MNO212 Site Name: Brookdale AMENDMENT NO. 1 This Amendment No. 1 ( "Amendment ") made as of this day of , by and between City of Brooklyn Center, a Minnesota Municipal Corporation (hereinafter referred to as "Landlord" which term shall include its successors and assigns where the context so admits) and Nextel West Corp., a Delaware corporation d/b /a Nextel Communications (hereinafter referred to as "Tenant" which term shall include its successors and assigns where the context so admits). WITNESSETH: WHEREAS, the Landlord and Tenant entered into a certain Site Lease Agreement dated 9th day of October, 2000 (hereinafter referred to as the "Lease "), for installation and use of the Tenant Facilities located in the Town/City of Brooklyn Center, County of Hennepin, State /Commonwealth of Minnesota, more commonly known as 5401 Vincent Avenue North, City of Brooklyn Center, County of Hennepin, State of Minnesota legally described in Exhibit A attached to the Site Lease Agreement, subject to any and all existing easements, and a portion of Water Tower #3 or other structures ( "Structure "), as more particularly shown in Exhibit B, on which directional antennas, connecting cables and appurtenances will be attached and located, the exact location of each to be reasonably approved by Landlord's City Engineer, together with appurtenant easements and access rights (hereinafter referred to as the "Leased Premises "); • WHEREAS, Landlord and Tenant agree that the Lease provides that Tenant shall have the right to operate communications services at the Leased Premises; NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The Exhibit B attached to the Lease is hereby deleted in its entirety and replaced with the Exhibit B -1 attached hereto and all references in the Lease to Exhibit B shall hereinafter refer to the Exhibit B -1 attached hereto. 2. That Paragraph 2 of the Lease, entitled Rent is hereby amended by adding the following new paragraph after paragraph 2 (a). "Effective as of the date of the commencement of the construction of the modifications to the Tenant Facilities, or April 1, 2002 whichever occurs first, at the Leased Premises ( "Effective Date "), the payment of the annual Rent amount then in effect shall be increased by Thirty -six Hundred and 00 /100 DOLLARS ($3600.00) per year ( "Rent Increase "). The first payment of the Rent Increase shall be due and payable within fifteen (15) business days of the Effective Date and thereafter on January 1. Rent Increase shall be payable with and considered a part of the Rent and shall be subject to the increase under the preceding paragraph. The Rent Increase for • K: UxaseForms \STDAgree\3Gamendment.doc 1 10/30/200110/30/200111:20 AM 11:20 AM Site No: MNO212 Site Name: Brookdale any fractional month at the beginning of the Effective Date shall be appropriately prorated." 3. Effective as of the date of this Amendment, Tenant has the right to do all work necessary to prepare, maintain and alter the Leased Premises in accordance with the Exhibit B -1 attached hereto and as may be necessary for Tenant's business operation at the Leased Premises. All alterations, changes and equipment modifications made pursuant to this Amendment shall be made in compliance with the terms, covenants and conditions of the Lease, as hereby amended, and shall remain Tenant's personal property and are not fixtures. Landlord and Tenant further affirm that title to the Tenant Facilities (including any modifications made in accordance with this Amendment) shall be held by Tenant. 4. Paragraph 19(d) is hereby revised to provide the following notice address for Tenant as follows: Tenant: Nextel West Corp. 9401 James Avenue South, Suite 180 Bloomington, MN 55431 Attn: Digital Property Manager Copy to: Nextel Communications • 400 West Grand Avenue Elmhurst, IL 60126 Attn: Site Development Manager Copy to: Nextel Communications, Inc. 2001 Edmund Halley Drive Reston, VA 20191 -3436 Sixth Floor Mail Stop 6E630 Attn: Site Leasing Services, Contracts Manager 6. Miscellaneous (a) All capitalized terms used herein, unless otherwise defined herein, shall be defined in conformity with the terms and conditions of the Lease. (b) In case of any inconsistencies between the terms and conditions contained in the Lease and the terms and conditions contained herein, the terms and conditions herein shall control. Except as set forth herein, all provisions of the Lease remain unchanged and in full force and effect. (c) This Amendment may be executed in multiple counterparts, each copy of which shall be deemed an original document. • K: \LeaseForms \STDAgree\3Gamendment.doc 2 10/30/200110/30 /200111:20 AM 11:20 AM Site No: MNO212 Site Name: Brookdale IN WITNESS WHEREOF, the parties have executed this instrument as a sealed instrument as of the day and year first written above. LANDLORD: TENANT: City of Brooklyn Center, a Minnesota Nextel West Corp., a Delaware corporation, Municipal Corporation d/b /a Nextel Communications By: By: Name: Name: Brian T. Chase Title: Title: Director of Engineering Date: Date: EXHIBIT B -1 DESCRIPTION OF LEASED PREMISES to the Amendment dated , by and between City of Brooklyn Center, a Minnesota Municipal Corporation, as Landlord, and Nextel West Corp., a Delaware corporation, d/b /a Nextel Communications, as Tenant. SEE ATTACHED • K: UxaseForms \STDAgreeOGamendment.doc 3 10/30/200110/30 /200111:20 AM 11:20 AM Site No: MNO212 Site Name: Brookdale Notes: 1. This Exhibit may be replaced by a land survey of the Leased Premises once it is received by Tenant 2. Setback of the Leased Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire . departments 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. K: \LeaseForms \STDAgree\3Gamendtnent.doc 4 10/30/200110/30 /200111:20 AM 11:20 AM City Council Agenda Item No. 7g • MEMORANDUM DATE: November 7, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: Resolution Establishing 2002 Street and Storm Drainage Special Assessment Rates In accordance with the City's Special Assessment Policy, the City Council annually establishes assessment rates for street improvement projects. It is the intent of the Council that special assessments are levied against any property that can be deemed to benefit from such an improvement. Assessments for residential properties are made on a unit basis which applies to all single family residential properties benefitting from any street improvement project that year, and are intended to represent a specific portion of the average cost of reconstructing a typical residential street. Assessments for non - residential or multiple family residential projects are computed separately for each project. ® For 2001, the Council adopted a unit rate for street reconstruction of $2,290 per parcel and for storm drainage improvements $750 per parcel that provided for an average 38 percent of the project cost to be assessed. Staff recommends the proposed assessments for 2002 be increased to a per unit rate for street reconstruction of $2,400 per parcel and for storm drainage improvements of $790 per parcel. Total assessments for 2002 would then be $3,190 per parcel, compared to $3,040 in 2001, a 5.2 percent increase. These are the rates which would be needed to continue to assess about 38 percent of the project cost. The residential assessment rates for street reconstruction will apply to properties in R -1, R -2 or R -3 zoned districts. These rates will also be applied to parcels of property in other land use zones when such parcels (a) are being used as one - family or two- family residential sites at the time the assessment roll is levied; and (b) could not be subdivided under the then - existing Subdivision Ordinance. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING 2002 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES WHEREAS, Resolution No. 85 -34 established residential street and storm drainage special assessment rates for street reconstruction projects; and WHEREAS, the residential assessment rates are annually reviewed and approved by the City Council; and WHEREAS, the residential assessment rates should be adjusted annually to be effective January l; and WHEREAS, the proposed street assessment rates for 2002 equivalent are to 38 • percent of an average project cost; and WHEREAS, the R -4, R -5, R -6 and R -7 zoned districts should be assessed based on an evaluation of project cost and project benefit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The residential street and storm drainage special assessment rates for street reconstruction shall apply to properties in R -1, R -2 or R -3 zoned districts. These rates shall also be applied to parcels of property in other land use zones when such parcels (a) are being used as one - family or two - family residential sites at the time the assessment roll is levied; and (b) could not be subdivided under the then - existing Subdivision Ordinance. 2. The residential assessment rates for street reconstruction effective January 1, 2002 shall be as follows: Land Use 2002 Assessment Rates ® R -1 zoned, used as one - family $2,400 per lot (street) site that cannot be subdivided $ 790 per lot (storm drainage) • Resolution No. Land Use 2002Assessment Rates R -2 zoned, or used as a two - family $32.00 per front foot with a site that cannot be subdivided $2,400 per lot minimum (street) $10.53 per front foot with a $790 per lot minimum (storm) R -3 zoned Assessable frontage x $32.00 (street) Number of residential units Assessable frontage x $10.53 (storm) Number of residential units • 3. The residential assessment rates for street reconstruction shall not apply to R -4, R- 5, R -6, or R -7 zoned districts. The assessment rates for street reconstruction for R- 4, R -5, R -6, or R -7 zoned property shall be based on an evaluation of the project cost and the project benefit for each project. 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. 7h MEMORANDUM DATE: November 7 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Authorizing the Submittal of a Grant Application to the Suburban Hennepin Regional Park District for the Construction of a Trail from TH 100 to Brookdale In 1999 -2000, the Suburban Hennepin Regional Park District ( "Hermepin Parks ") studied the feasibility of implementing regional trails in the first tier suburbs. In April 2000, by Resolution 2000 -71, the City Council expressed its support for the "First Tier Trails, Greenways, and Parks Plan." That plan included several proposed trails of interest to Brooklyn Center residents: the Brooklyn Center /Robbinsdale Corridor; the Robbinsdale /Crystal Corridor; and the New Hope /Crystal /Golden Valley Corridor. Within the last several weeks City Engineer Todd Howard and I have met with representatives from Hennepin Parks and the City of Robbinsdale regarding constriction of Phase I of the • Brooklyn Center /Robbinsdale Trail Corridor. This segment would run from CSAH 81 /Broadway in Robbinsdale to Brookdale. Phase 1I of that corridor is the trail portion of the Brookdale area enhancements TEA -21 grant application submitted in August, from Brooklyn Boulevard to the Shingle Creek Trail. Phase III, which has not yet been planned or detailed, would connect the Shingle Creek Trail to the North Mississippi Regional Trail, possibly along 53rd Avenue. Brooklyn Center's segment of Phase 1 is part of the Southwest Area and France Avenue relocation projects and is shown on Figure 3 of the attached grant request. Robbinsdale's segment would be constructed by Mn/DOT as a part of the TH 100 Segment 3 project. Hennepin Parks would consider funding the cities' share of constructing the Phase I trail, and suggested that Robbinsdale and Brooklyn Center consider jointly applying for funds. Attached for Council consideration is the joint application. The Robbinsdale City Council has already approved the Robbinsdale grant request. Robbinsdale is requesting $140,000 from Hennepin Parks, and Brooklyn Center would request $185,000. Cities would be responsible for the cost of design and construction inspection; that cost has already been included in the professional services contract with SEH, Inc. previously approved by the Council. • Hemie hi Park Re ® p �s gtcarement Should Heimepin Parks fund this grant request (and it is likely to be funded), then both Robbinsdale and Brooklyn Center would be required to execute Operating Easements over the trail. Hennepin Parks would essentially own and operate the trail. A Winter Use Permit would allow the City to plow and otherwise use and maintain the trail during the winter months. The City would be responsible for repairing any damage caused by winter use of the trail. I have spoken to other cities with regional trail operating easements and agreements, and they have experienced few problems. However, none has a trail similar to the parts of this trail that would be essentially wide sidewalks. By way of this grant application, the Council would be committing to an operating easement and agreement, the tens of which would be negotiated prior to acceptance of any funds or beginning any construction. • • I • Brooklyn Center /Robbinsdale Trail Corridor Joint Funding Request In 2000, the Suburban Hemiepin Regional Park District completed the study "First Tier Trails, Greenways, and Parks Plan." The purpose of the plan was "...to identify and capitalize on potential opportunities for new regional trail, greenway, and park facilities within the First Tier communities of Minneapolis..." The plan was seen as coming at an opportune time as the conununities in the First Tier redevelop infrastructure. The reconstruction of TH 100 by the Minnesota Department of Transportation provides a unique opportunity to develop a multi Jurisdictional effort to construct a first phase of one of the recommended regional trail corridors: the Brooklyn Center /Robbinsdale Corridor. Funding Request The cities of Brooklyn Center and Robbinsdale respectfully request Suburban Hemlepin Regional Park District participation in this effort. The two cities have worked cooperatively to develop the phased construction of the Brooklyn Center /Robbinsdale • Corridor. The adjoining City of Crystal is also supportive of this proposed project, as this regional trail corridor will connect with the proposed Crystal /Robbinsdale Corridor. The Mimlesota Department of Transportation has already committed funds to construct portions of this trail segment, and has included a portion of the segment in its TH 100 Segment 3 construction plan. To complete this first phase of the Regional Trail Corridor, the two cities respectfully request a total of $325,000 to fund the cities' share of the cost of constructing these trail segments, $185,000 to Brooklyn Center and $140,000 to Robbinsdale. Timing The cities request funding for construction in 2002. The segment in Robbinsdale would be constructed by Mn/DOT as part of the TH 100 Segment 3 project, which is ongoing. The segment in Brooklyn Center would be constructed in 2002 by Brooklyn Center as a part of the Southwest Neighborhood Street and Utility Improvement project and the France Avenue Relocation project. More information is available in the section below titled "Construction Details." • ® Relationship to First Tier Goals This first phase of construction would meet the goals specified in the First Tier study in the following ways: Regional in nature, with a goal of pros; ding connections between existing and future regional and local facilities: ❑ Provision of a bicycle corridor between two existing or planned transit features: the CSAH 81 busway and the Brookdale Transit Hub. • Upon completion of Phase I1, connection to the Shingle Creek Trail, which is a segment of the North Hennepin Regional Trail. • Upon completion of Phase III, connection to the North Mississippi Regional Trail and the Humboldt Greenway. • Comlection of downtown Brooklyn Center with downtown Robbinsdale, and the future connection to downtown Crystal via the future Robbinsdale /Crystal corridor. ❑ Future connection to Crystal /Robbinsdale Regional Trail Corridor at CSAH 81. ❑ Future connection to the Mimieapolis Grand Rounds via local trails in Robbinsdale and by the Shingle Creek Trail in Brooklyn Center. ❑ Future connection to Basset Creek Park via local trails in Crystal and Robbinsdale. ® ❑ Completion of a regional bicycle trail to the only remaining public swimming facility on Twin Lakes: Brooklyn Center's Twin Lake Park. Capitalizing on innnediate opportunities: ❑ Piggybacking the trail project on planned highway and local road projects provides an opportunity resolve issues regarding some of the more technically difficult segments of the trail, such as the crossings of CSAH 81 the Twin Lake Narrows. ❑ Constructing as a component of other projects potentially reduces public costs as compared to stand -alone projects. Complement existing local park, trail, and sidewalk facilities: ❑ The Regional Trail Corridor provides linkages to local trails and sidewalks in Brooklyn Center, Robbinsdale, and Crystal. In addition, the trail corridor provides access to Twin Lake Park in Brooklyn Center and Graeser Park in Robbinsdale. ❑ h T e construction of TH 100 eliminated recreational opportunities for public access and enjoyment of Twin Lakes. The trail corridor project provides a new type of public access for enjoyment of Twin Lakes: a bicycle trail where none • existed before. i Balance recreation opportunities with natural resource impacts and value. ❑ The proposed trail has minimal natural resource impacts while improving recreation opportunities. Future Phases of Corridor Implementation On completion of Phase I, the Brooklyn Center /Robbinsdale Corridor would be complete from CSAH 81 /Broadway (where it would comlect with the future Robbinsdale /Crystal Corridor) in Robbinsdale to CSAH 152 (Brooklyn Boulevard) in Brooklyn Center. A pending TEA -21 Enhancements application would complete the segment across Brookdale, linking this corridor to the Shingle Creek Trail. If funded through TEA -21, this phase would be constructed in 2005. If not funded through TEA -21, the phase would be constructed in 2003. The final phase, linking the Shingle Creek Trail to the North Mississippi Regional Trail, has not et been developed. rd y p d The most likely location for Phase III would be 53 Avenue, from Shingle Creek to Bryant Avenue North. A trail on 53 from Bryant to the North Mississippi Regional Trail has already been completed. An upcoming Neighborhood • Street and Utility Improvement project in 2004 may provide an opportunity to construct a trail segment on 53 from the Shingle Creek Trail to Logan, and possibly to the Humboldt Greenway. Local on and off street trails linking Basset Creek Park to 49 & CSAH 81 are either in place or in process. Various improvements that could potentially implement portions of the Crystal /Robbinsdale Corridor are under discussion. Bicycle trails are a part of the current study of the CSAH 81 Corridor. Off street trails have also been discussed on Broadway north to downtown Crystal, although no specific plan is in place at this time. Implementation The cities of Brooklyn Center and Robbinsdale are prepared to dedicate regional trail operating easements, and to develop and execute cooperative agreements as necessary. Construction Details Figure 1, a figure from the First Tier Trail Plan, shows the Brooklyn Center /Robbinsdale Corridor, and the segment of trail that would be constructed with this requested funding. Figure 2 shows the segment through Robbinsdale, and Figure 3 shows the segment through Brooklyn Center. While at this time it appears that the trail can all be constructed off street, a portion of the • segment of trail in Brooklyn Center may face opposition from adjacent neighbors and be located on street. A one block segment has minimal right of way and a substantial stand of trees that would have to be removed to construct the trail off street. Average daily traffic on this segment is about 450 vehicles per day. Details of Funding Request Figure 4 shows the estimated Robbinsdale cost based on contract unit prices in the TH 100 Segment 3 contract. Figure 5 shows the estimated Brooklyn Center cost based on the Engineer's Estimate. A total of $325,000 is respectfully requested to implement Phase I of the Brooklyn Center /Robbinsdale Regional Trail Corridor. MAJOR BENEFIT /VALUE: MAJOR REGIONAL ISSUES /CONSTRAINTS: DETAILED Fi , CORRID AS A REGIONAL TRAIL- Reconstruction of TH 100 at CSAH IN and Frans Avenue r • Connects North Mississippi Regional Park to the Shingle Creek Trail and to the � Trail construction through Brookdale Center •; A NALYSIS _ - Proposed Crystal I Robbinsdale Troll Corridor 4 Difficult trail connections near Twin Lakes . _ k.., . ., is '• a ,�: rya , BROOKLYN CENTER/ROBBINSDALE AS A LOCAL TRAIL- CORRIDOR 7. j f �... °�. y Center's southeast neighborhoods to existing ,..,..,.,..,,..r Better connection from Brooklyn F. r :.........; q `f !'' ^ ... r;. is ' 1'694 �x tr "' ^j •^ X r HENNE ■ ! • r regional facilities £ - 1 y '' e = S Tnai © tai No p piri Tr err 1 4F r r Connection from Brooklyn Center's soudhwestem neighborhoods to regional facilities and OPPORTiJN t �� shopping at Brookdale Center and downtown Robbinsdale .... 7V i .. s � "' F '. I `.. l� ngi Existing a` an crossi s gs Brookdale Center _.. af'TH 100' Crossings of TH 100.1 - 94, and r 0 .; i ....s. :..,. _• I k .. , i r I > 4 t .T•fi . y , : '" • � I y ; '1, TU� 0 � •� ('- ! i s`t .. � .�.f: w. I A'� a ..� -,.,MF d 4 � .� s• 3 ! e i 1 s ° e REGIONAL CONNECTION � : � ' � BROOKLYN � � ,�� sid�watk ezpamlo�r E ;• � i b Possible Crystal /Robbinsdale Corridor < *. x a r CENTER Puss .. RTI!NITY €' ! r. r'� L fi d t PHA s:: a �' ' C NS] N /';... t ! .. t• � { l i r ,.. ro SE $ y, v.±� r S I U llt)coriid I i i �L r g _ ry i CRYSTAL �, � ,' _i w�. $ ...• ._.� _.,: ,nt n -�,,, �,•�� i� r' � r ;.. " ± . �.._ �8�± A�.�. ; :,. _ w; � i � � J r R $ ,. _ ' CON ,:, ''. s CONSTRAINT .� Br olwale Curter.° " -' I M� # CONSTRAINT r x i J i .. " r - ♦ . j _.. .... _.,.a.w... 37th.QVe.N, difficult c0 walk across I-94: iwrro N* � = CONSTRAINT _. • ..F' rcnplem trail within poi king : - ; ©i cult. y .. r r a 57tH Abe w sidewalk on 57th Ave bridge i Local street, on road , �< or if.mail redevel l p trol ; " a I facili only 4 a' 1 r? 2 i 01 l ♦ ,_ k. OPPORTUNIN ... .._a ♦ gg ^ I Flills Rd d RC1W, trail pass ` 4 a ¢ ., ' F�.dstlrlg_ Idewalk, s�' r 9 .. < � r I ,c ! T' r ` s wide R 4 r r" ,� ° R g F zl } l oss Lk. Rd ...., ._. o . ^ _° NI "Creeit Teal "" . -,.... �.., O P O g� '11 A LROAQ •CORRIDOR ¢ ♦ # �° .. Existing.Shingle t : a' N� REGIONAL CONNECTION R v i N Missis Regional Park w t ; v..:ep;F 1 j f sippi Reglo ♦ •r t � ; Ai-�� TAE`"° fi S. � •` �`flP;pORTUNITY , � � �g � � � °� g I -'• � - -- ♦ S RQW wid 5Gri s, a i _... L stiri9 Pedestrian ._. k ., a _ .. r .......,..... M. _... .._ ♦ Y • § .. aietlandiswes ! 1. ". A.e cCOSSJn4 of TF I'100 ng gly� ilk N6 f i r PHASE 1 3.tr i► ♦ 2 F 3• " OPPORTI�IITS '®'♦ ='s■n _ } ' CONSTRAINT s i a ;.. z ♦ ,, S OpPORT .. r 1 .. « - ! t _ P HA S E 3 opookryt4 _ .., _...i r ♦ .,� ti erdstinp. sidewa ° 1 _ 5m r p or. a eati s Bkl Centel a k ♦ 1 CON r u. r sid al street rity corridor l ¢ i tnaiGano redevelopment to occur togel � .' s E r _.. �..�x i..•C. btlllZ .. , ..., .._ ... .MINNEOLIS ;....;w....; E's S r 1 • °Naturo ream ` x id dI1 tai exist I ne a Ave t ` be F I..,. I _ ... �` ♦ - a ON t sguered by TH, 100 r :... street Ave StrUCtlan ._ .. _ ... - �. -,..:. ,- .... _ _ ..�.� - s'� ai N�■ �;��■ -�^f �i r , 3 Lake Breezes . ..Y..' _ = , � �' "_' ... 'arsx■:rvrs`xllLcta!: ^� � �QNg i 7 f, ♦ � µ ,r, � _ W O PPORT� r , p �` I�11LV 'PPOaTUI R EGIONAL CONNECTIO I _ rx. ... Trail on necorrsttuctedi ! x ' Park Ig: stir troiF' ��� Shingle Creek Trail / Minneapolis Grand Ro TH 100 bridge; ^ " OPPOR Uh1Y .. £ 1 3 .�� FR�I�VCE Au s WREIQNAL CONNECTION Trail �ledunder badge! , $ I r ��` ' r ♦ ; .."� TI AVE Poss{bie CP /Soo Line I. �• v...l ,. �• �_ TERNMIYE_ m witt,to0_aRnst�u5tiarl, throw h street ated x �Jaihoad'Mrainline � n — -m aiMemoriai. Ralkulas+_• -: - i a �.I t0 eo strudi�n -. ' , - :.r. , •x ��' � .�' ... - �y— •wr^.,T Ew- ii- . qw i • , �•.�' .,': xciv:. i,« : 't_fi.•...� -,.- -. .. S. .• 3 _ ?m ... .. x # f s $ �'§a . k4 � i w . o fi i �♦ 44th kebriw € s r x F r ANO COUNlV' =; $ x. 100 , >., ` " r i - 3 ' y Igation y k , s ,.. } _ s. ...: .c ),� :<.I 1 1 ■ } E I F _ M . IENNEPIN COUNTY " tl r` {, 1 F RANCE AVEI r' r i I 3 ' E I, + ' ROBBINSDALE' � �# oi l 45THAVE/LA1(EbR` _ z • RNATIV x j r h I lu a arrow ROW k ]tEGIONAL CONNECTIO,IV a t igh i f - MlnneapolisGrcind`Round i x Y • v x : t I O NORTH REGIONAL C ,IECTlOI� °�, .•' � £ 42nd Ave N f''� "' � � i! 'rridor r Possible bystai/Rob�i da a Ca �S m ... _ ._ z Existing Hennepin Parks Trail Brooklyn Center/Robbinsdale Trail Corridor. Immediate Feasibility Primary Route �+= *: _ = � Other Possible Trail Corridor. Primary Route DRAFT FOR REVIEW _ EAsting City Trail Brooklyn Center/Robbinsdole Trail Corridor: Contingent Feasibility FEBRUARY 17, 2000 • Planned City Trail Brooklyn Oster /Robbinsdale Trail Corridor. Difficult Implementation Secondary Route Other Possible Trail Corridor. Alternate Route ®CDN SUlT1NG G iOVP, INf. 0 4'I:i!•w TWIN LAKES S.B. T.H_ I '`'•,;,^'off ,. 8101 NW A MP) RAMP 7`^`•° ' 4 -1^ --= '---- -- -- -- -r 2:11..•'"` ._ , :, tiJ / /'' -`) t .�,� -aA� S ___ . �= -'_�7: � ��.-. 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'" ^'. •ww W'- •4I I ': ;: 11 �,� i, STA. 157.5 °.1.4 ""� • .T ... /.- � /'. 4 4 _ t r--T J J �t,t :''�,`�L � i/ • � �... ..�.. � C1.8' .t:.{W.LI� . � B !• — , r • ��.r�:.Cu a /-� -` '- HOa - ... i e .. �.... o v ... .arr ru " r - ` • _..._.._ c. /�, 7 EH A u 1 /� • w..,y.1"r.r�e�•., 11: a,:7lft"" i .w �� I p C _ I +/ Y' as 1 r 2775 -I _ I P}iH' - - S i! 9 1 1 rs 1 _ ]/ ! IA I ��I STATE PROJECT N0, S9 CO COHS TRUCTION PLAN ]01 -�- 1001 u.. r.... w.•u. "rn C LEGC ^ i,/ , W'� 1 _ - C yyI 929 r u4 t l -��%�" v°� r✓' / 1 ; h .•�•gTr ..�•• -`t _�11/` S \ I 1�a Wz � - ( �'l, O _I1 l .L 'mod 1 -- I i C/) — 1 Z �Yr 1C 1 SE IT IT CP 10 ■1 t ■ �, ! 11 •' g [ [ [ 1 9 N ;• 1 r• l9�ia4o!�� :: t = I 0 a 0 c G) 1 z .. z z ... Z ..... ❑ W w w 5�V2 VE Q ..__ Y m m w o z 4 ... N X W ? O I Z .. 59 z z __ 77 _ o I I z o �. I 23 �D . N .. 3 I 1 o °� 0 (LAKE RD I 58TH VE N L_ __ \ Z Fi > _ FRANCE a _ -`\ A qq DO 57TH AVE N 1 = 57TH AVE N Z — BUROUEST LA. \\\ I A 1 56TH AVE f � " ` 56TH AVE N I NORTHPORT A O PARK X� - Brookdale — ECKBERG DR.. Shopping Center NORTMPORT y' SCHOOL 557H AVE ° g 55TH AVE. 1 Z a _ \ 54TH AVE z w 53RD PL N� Upper j LIIAC. DR 53 RD AVE N \�J Twin Lake � ____ f � _ { I E� AVE LAKF.�IDE PA R 1 4 52ND AVE N — Z . OAK S m T. w w ❑ / /L -- m 2 51ST 51 ST J AVE. AVE, ' APPY HOLLOW \ II � J 0TH VE O Middle Y�'ti 50TH AVE N Z r- Twin Lake "� �� oP o _ 49TH AVE — m Z \ N r u' AKEBREEZE AVE N. w Q Off street 46T AVE N / LAKESIDE LA o � M � m m TWIN LAKE 1 ➢ x '100 � — z � 4111 AVE N BEACH PA - - - - - -J Possible \ % \ m j On street N 46 TH AVE N 46TH AVE. N. - 46TH AVE _ NO ® 3 C °` BRO Y Brookl n Center /Robbinsdale Corridor Figure 3 CENTER Brooklyn Center Segment, Phase I be -eng 11 /01 NO 0� R rti VE. N. — — II 2 wq y I I Brooklyn z . _CO. RD. NO. 10 CR 10 Boulevard -) I 5 6TI J AV N v < < RTHPORT I 0 / RI< <� BROOKDALE o MALL ERICON ' NORTHPORT SCHOOL 5TH AVE. 55TH A\ 100 \\ Z ` / LIONS o�� \ %/ W TER CEN B #)K PARK L A \ TO 3 R GOL ? -- Z E ' LU J Q � w Z LILAC DR. N. U z - w a RD AVE. N. -�/ > Q 53RI Phase II Off Street Trail i Shingle Creek Trail N Phase I Off Street Trail ............. W E 3 BROOKLYN Brooklyn Center /Robbinsdale Corridor Figure 4 ENTER Brooklyn Center Segment, Phase II be -eng 11/01 — ___ —__� � Ir { { {( l � `' o � N NO - -'� r: Q ) 1 1 1 ZENITH AVE- £ �\ �� � r '��9P ENIiH�E � \� r J -1— AVE I o o aor WASHBUPN AVE UD co VI-1—VE I 0 0 P 1222 NAVE !I 0 0 1 F dop .11EN AvE 1 �� �l r� r� B \\ \ ��� C) C) (D F" (D AVE' AVE N i . 1 -_____ � - - - - -� 1 - - -- I � ,� \� SUMMIT t LOA L - -- - - LCIAN A N O c/) :7 --- F ---- I- _ ------ L (n E D U- Z vi -7- zr E = VINIAV , (n (D _ CD M-11 F L cn 0 F:— 00 - 1 L ----------- cn - Z�j F-i=-- %IRARC AVE N E CD ------- Cn (D 11-TAVI N Ln. 17 ---- - ------ WAVE -------- EA (D N] —_ ==[� (n LPONT AVE (D COLFAX AVE N - IF — — — M (D ----- — - o (D BRYANT AVE N - AILDRiCH AVE N LYN DA 07 ? o (D Ul Costs for Bike Path As Part Of Segment 3 THIN October 8, 2001 100% Citv Costs 2412.511 14'x 10' Precast Concrete Box Culvert L.F. 138 $ 750.00 $ 103,500.00 2521.511 2" Bituminous Walk S.F. 38,637 $ 0.70 $ 27,045.90 Sub Total $ 130,545.90 48% Federal, 12% State, 40% Robbinsdale 2521.501 4" Concrete Walk S.F. 8,000 $ 2.40 $ 19,200.00 2521.511 2" Bituminous Walk S.F. 9,301 $ 0.70- $ 6,510.70 Sub Total $ 25,710.70 Federal $ 92,341.14 State $ 3,085.28 Robbinsdale $ 10,284.28 Total Robbinsdale Costs $ 140,830.18 0 z m V) d a� r rn 0 77A L Ce>s s cri7� CosT/ To �Wfn LcG�b ��rk S oo 0 9 Eco CL c0 :3 L4 kc 16 rccZG a J E reTu - w o �] A r � co 1 r` W p�j ,C � o� OOZE p cm Z W ' vo OssEd / o 0o Za ao� o nC�) 9,5'5 goo (� AA 51�»,PTanS FIGURE 7 ESTIMATED BROOKLYN CENTER COST • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE SUBURBAN HENNEPIN REGIONAL PARK DISTRICT FOR THE CONSTRUCTION OF A TRAIL FROM TH 100 TO BROOKDALE WHEREAS, the City of Brooklyn Center desires to constrict Phase I of the Brooklyn Center /Robbinsdale Regional Trail Corridor identified in the First Tier Trails, Greenways, and Parks Plan prepared for the Suburban Hemiepin Regional Park District; and WHEREAS, the City Council previously expressed its support of the concept of Re Trails and the First Tier Trail Plan by Resolution 2000 -71; and WHEREAS, the City of Brooklyn Center has worked with the cities of Robbinsdale and Crystal to coordinate planning and construction of this and other trails; and WHEREAS, a joint application by the cities of Brooklyn Center and Robbinsdale has been prepared detailing the construction of Phase I of the Brooklyn Center /Robbinsdale Regional • Trail, from CSAH 81 /Broadway in Robbinsdale to CSAH 152 in Brooklyn Center at Brookdale Center; and WHEREAS, the two cities jointly request funding from the Suburban Hennepin Regional Park District in the amount of $325,000 to help finance the construction of Phase I, supplementing funds dedicated by Mn /DOT and the cities; and WHEREAS, each city is prepared to dedicate operating easements over said trail, and to negotiate cooperative agreements regarding operations and maintenance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Mimlesota, that 1. The joint application of the cities of Brooklyn Center and Robbinsdale to the Suburban Hennepin Regional Park District for construction funds in the amount of $325,000 is hereby authorized. 2. Staff and the City Attorney are hereby authorized to enter into negotiations with the Suburban Hennepin Regional Park District for the development of a cooperative agreement regarding operations and maintenance. • • RESOLUTION NO. Date Mayor i 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. 7i City of Brooklyn Center • A Millennium Community To: Mayor Kragness and Council Members Lasman, Nelson, Peppe, and Ricker From: Michael J. McCaul City Manager Date: November 8, 2001 Re: Pay Plan and Moving Expenses With the finalization of a contract with Teamsters Local #320 representing the police chief and the police captains, the pay plan needs to be amended. The labor agreement specifies a minimum salary for police chief, but does not specify a maximum salary. I am proposing in the pay plan amendment that the maximum be set at the same level as the Director of Fiscal and Support Services and Director of Public Works. The other amendment to the Personnel Rules and Regulations would specify the moving expenses that could be paid, if appropriate, in connection with recruiting a department head level employee. This would be similar to the language in my employment contract that would have authorized reimbursement of moving expenses. (In my case moving expenses were not reimbursed since I did not move from Owatonna within 12 months of my hiring: State law limits reimbursement to expenses within 12months of commencing employment.) 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 AMENDING 2001 PAY PLAN TO BE CONSISTENT WITH TEAMSTERS COLLECTIVE BARGAINING AGREEMENT AND AMENDING PERSONNEL RULES AND REGULATIONS TO CLARIFY AUTHORITY TO REIMBURSE MOVING EXPENSES WHEREAS, the City and Teamsters Local 320 have recently negotiated a collective bargaining agreement covering the years 2001 and 2002; and WHEREAS, pursuant to that collective bargaining agreement the minimum salary for the Chief of Police has been established and the City Manager and Department Head Pay plan needs to be correspondingly amended to reflect that collective bargaining agreement; and WHEREAS, the collective bargaining agreement does not set a maximum salary for the Chief of Police and the City Manager has requested that the City Council establish a maximum salary within which the position may be paid at the same level as the current maximum for the Director of Fiscal and Support Services and Director of Public Works; and WHEREAS, the City Manager has further requested and recommended that the Personnel Rules, specifically Section 12.3, be amended to clearly authorize the reimbursement of certain moving expenses, if appropriate, as part of the employment process for Department Heads NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the 2001 City Manager and Department Head Pay Plan attached hereto and incorporated herein by reference as Exhibit "A" be and hereby is approved and be it further resolved that Section 12.3 of the Personnel Rules and Regulations be and hereby is amended as set forth in Exhibit "B" attached hereto and incorporated herein by reference. 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. EXHIBIT A. • 2001 City Manager and Department Head Pay Plan These positions are exempt from overtime payments Position Title Minimum Maximum City Manager By Contract $ 97,850 Assistant City Manager $ 61,215 $ 75,574 Director of Fiscal and Support Services $ 72,078 $ 88,985 Department Heads Director of PublicWorks $ 72,078 $ 88,985 Director of Community Development $ 61,215 $ 75,574 Community Activities, Recreation and Services Director $ 60,471 $ 74,655 Chief of Police $ 66,209 $ 88,985 Fire Chief $ 62,779 $ 77,505 Salary setting authority: The City Manager is authorized to set salaries within the established ranges. EXHIBIT B • 12.3 Personnel Expense Reimbursement Moving Expense: The City Manager may authorize reimbursement for the actual cost of moving household goods and un to two tries with spouse to look for housins4 in connection with the hirinE of a department head level emplovee. Travel: Reimbursements of travel expenses are intended to refund actual costs incurred by City employees and officials while traveling as authorized representatives of the City of Brooklyn Center. In order to qualify for travel reimbursement, trips to a destination exceeding 100 miles from Brooklyn Center must have the prior approval of the City Manager. Requests for travel advances intended to defray costs incurred while on a trip and prior to submission of an expense report shall be submitted to the City Manager for approval at least seven days in advance of the trip. Travel advances shall be limited to 90 percent of the estimated expenses for lodging, meals, and other related travel expenses. Costs of transportation and registration shall be advanced in full. 1. A properly verified, itemized expense claim shall be submitted to the City Manager for approval within ten days following the date of return from an authorized trip. Expense claims shall be accompanied by receipts for: a. Transportation costs to and from the destination via coach, tourist, ® or economy class transportation. b. Lodging costs not to exceed a reasonable single- occupancy rate as determined by the City Manager. C. Conference or meeting registration fees. d. Any unusual items for which advance approval has been obtained from the City Manager. 2. The mode of transportation must be approved by the City Manager prior to any authorized trip. Personal automobile use for authorized trips will be reimbursed at a rate consistent with IRS regulations, or an amount equal to air travel tourist class, whichever is lesser. 3. Reimbursement for meals while on authorized travel will be for actual expenditures. See current pay plan for maximum allowable amount. 4. Employees and officials of the City shall be reimbursed for individual or actual meal cost unless meal cost is part of function. See current pay plan for maximum allowable amount. City Council Agenda Item No. 8a MEMORANDUM DATE: November 7, 2001 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer T SUBJECT: An Ordinance Vacating Certain Utility Easements in BROOKLYN 55 ADDITION On July 9, 2001, the City Council approved the final plat for BROOKLYN 55 ADDITION. The final plat subdivided the parcel located at 5445 Xerxes Avenue North containing the old Toys R Us building into three contiguous lots. As part of the platting process, the Developer, Brooklyn 55, LLC dedicated an additional utility easement over existing public utilities. The platting resulted in an overlap of utility easements. It is proposed to eliminate this overlap at this time rather than further encumber the property with duplicate easements. This item is presented this evening for second reading and public hearing. i 0 a r . r 1 s 1 1 1 1 IL 1 ���� /���������� / ii 1 • /' do CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of November, 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 certain utility easements in Brooklyn 55 Addition. 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 CERTAIN UTILITY EASEMENTS IN BROOKLYN 55 ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Utility easements described as: The north 30 feet of the south 150 feet of that part of Lot 57, AUDITORS SUBDIVISION NO. 216, lying east of the west 150 feet thereof, and also shown on the original plat of TOYS R US are hereby vacated. 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 (Strikeouts indicate matter to be deleted, underline indicates new matter.) • City Council Agenda Item No. 8b Office of the City Clerk City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk - DATE: October 31, 2001 SUBJECT: Public Hearing: Consideration of Renewal Application for a Currency Exchange License Submitted by Community Money Centers, Inc. dba Money Centers, 6219 Brooklyn Boulevard Resolution Authorizing Issuance of a Currency Exchange License to Community Money Centers, Inc. dba Money Centers, 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota The Minnesota Department of Commerce has received an application from Community Money Centers, Inc. dba Money Centers to renew its currency exchange license to operate at 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota, and has forwarded a copy of the complete application to the City of Brooklyn Center for review. The City Council approved the renewal application last year at its November 13, 2000, meeting. Initial application was approved on July 26, 1999. Minnesota Statute § 53A.04 requires the Minnesota Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange proposed to conduct business. The Statute requires the governing municipality to render a decision regarding issuance or denial of the license within 60 days; it also requires the governing municipality to publish notice of intent to consider the license (published in the Brooklyn Center Sun - Post October 31, 2001). Community Money Centers, Inc. dba Money Centers, has submitted to the Minnesota Department of Commerce a renewal application, along with the appropriate fee, current fee schedule used for cashing checks, surety bond in the amount of $10,000, and background investigation by the Bureau of Criminal Apprehension. Attached is a copy of a memorandum from Police Chief Joel Downer regarding policy activity at this location since November 1, 2000. is 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 V (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO COMMUNITY MONEY CENTERS, INC. DBA MONEY CENTERS, 6219 BROOKLYN BOULEVARD, BROOKLYN CENTER, MINNESOTA WHEREAS, Minnesota Statute 53A.04 requires the Minnesota Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange proposes to conduct business; and WHEREAS, the Minnesota Department of Commerce has received an application from Community Money Centers, Inc. dba Money Centers, 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota; and WHEREAS, the City of Brooklyn Center allows for such conduct on premises within the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the issuance of a currency exchange license to Community Money Centers, S Inc. dba Money Centers to operate at 6219 Brooklyn Boulevard is hereby approved. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City of Brooklyn Center • (Official Publication) NOTICE OF INTENT TO CONSIDER A CURRENCY EXCHANGE LICENSE Notice is hereby given that the City Council of the City of Brooklyn Center will consider the renewal application for a currency exchange license from Community Money Centers, Inc. dba Money Centers, to operate at 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota. This consideration will be given at the November 13, 2001, City Council meeting at 7 p.m. or as soon thereafter as the matter may be heard. The meeting will be held in the Council Chambers of the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. Sharon Knutson City Clerk • MINNESOTA DEPARTMENT OF 85 7th Place East, Suite 500 COMMERCE St. Paul, Minnesota 55101 -2198 651.296.4026 FAX 651.297.1959 TTY 651.297.3067 October 4, 2001 I Sharon Knutson, City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 CERTIFIED MAIL RE: Community Money Centers, Inc. dba Money Centers - License #20202409 Currency Exchange License Renewal for 2002 Dear Ms. Knutson: The above -named currency exchange licensee has made application to renew its Currency Exchange License to operate at: 6219 Brooklyn Blvd. Brooklyn Center, MN 55429 I • Pursuant to Minnesota Statute 53A.04, we are forwarding a copy of the complete renewal application to the City of Brooklyn Center in care of your office for you to review. Minnesota Statutes Chapter 53A.04 requires the Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the muni- cipality in which the currency exchange conducts business. The law further requires the governing body of the municipality to render a decision regarding the renewal of the license within 60 days. Your cooperation in forwarding this information to the proper unit within your organization is appreciated. Your reply must be received within 60 days of receipt of this letter. If you have any questions, please contact me at the telephone number listed below. Very truly yours, Robin H. Brown Financial Examinations Division (651) 282 -9855 Enclosure • Enforcement: 1.800.657.3602 Licensing: 1.800.657.3978 Energy Information: 1.800.657.3710 Unclaimed Property: 1.800.925.5668 www.commerce.state.mn.us An Equal Opportunity Employer U STATE OF MINNESOTA OFFICE USE ONLY CASHI� E ONLY DEPARTMENT OF COMMERCE Deputy s tate ept of Commerce • DIVISION OF FINANCIAL EXAMINATIONS Asst. 85 EAST 7TH PLACE, SUITE 500 Chief AUG 2 3 2001 ST. PAUL, MINNESOTA 55101 Review Plead $_� ( 651 282 -9855 Data Entry 140ow- ) Currency Exchange License Number Processing Date Surety Bond Number CURRENCY EXCHANGE Insurance Company NAIC Number LICENSE APPLICATION 15:, -,y; rc The data, which you fumish on this form, will be used by the Department of Commerce to assess your qualifications for a license. Disclosure of your social security number is voluntary. You are not legally required to provide this data; however, if you do not provide your social security number, the Department of Commerce may be unable to grant a license. The Department may use social security numbers for revenue recapture as authorized by Minnesota Statutes, Chapter 270A and for identification purposes. After issuance of a license, all information contained in this application, except your social security number, is public pursuant to Minnesota Statutes, Chapter 13. A. TYPE OF LICENSE (check one) I ❑ NEW ® RENEWAL ❑ AMENDED LICENSE • B. APPLICANT INFORMATION NAME OF CURRENCY EXCHANGE Money Centers NAME OF CORPORATION OR PARTNERSHIP Community Money Centers, Inc. BUSINESS ADDRESS (No Post Office Boxes) 6219 Brooklyn Blvd. CITY STATE I ZIP CODE COUNTY Brooklyn Center MN 1 55429 Hennepin NAME OF INDIVIDUAL MANAGING THIS LOCATION STATE TAX ID NUMBER Richard P. Krietzman — Blazevic 1718779 TELEPHONE NUMBER FAX NUMBER E -MAIL ADDRESS (763 ) 535 -6872 1 (763 ) 533 -6930 carydgeller @email.msn.com Check one: ❑ SOLE PROPRIETORSHIP ❑ ASSOCIATION ❑ PARTNERSHIP ❑ LIMITED LIABILITY PARTNERSHIP ® CORPORATION ❑ LIMITED LIABILITY COMPANY April 1992 Minneapolis Hennepin MN Date of Incorporation or Organization Place of Incomoration County State MN /DOC CURRENCY EXCHANGE APPL 7/99 1 8/4/1999 C. Additional licensed currency exchange locations operated by the applicant (use separate sheet if additional space is needed). Attached Street Address (P.O. Boxes are not acceptable) City State Zip Code County Street Address (P.O. Boxes are not acceptable) City State Zip Code County Street Address (P.O. Boxes are not acceptable) City State Zip Code County Street Address (P.O. Boxes are not acceptable) City State Zip Code County D. Please provide the names and complete business addresses of owners, partners, officers, stockholders (owning 10% or more of the corporate stock), and employees with authority to exercise management or policy control over the company. Official Percent Residence Social Security Full Name I I Birth Date Title Ownership Address Number 6145 Arctic Way Cary D. Geller President 100% Edina, MN 55436 , X50 Richard Krietzman 5520 24th Ave. S. Blazevic Sec /Treas 0 MDls., MN 55417 3/50 j I 2 ' CENTERS We make it easy. • Community Money Centers, Inc. Corporate Office Store List 6525 Nicollet Avenue P.O. Box 23090 1532 University Ave., Suite 4100 Richfield, MN 55423 St. Paul, MN 55104 Ramsey County Tele: 612 866.5674 #9000047 Fax: 612 866.4342 6525 Nicollet Ave. Richfield, MN 55423 Hennepin County #20012009 Money Center locations 2600 Nicollet Ave. 1532 University, Suite #100 Minneapolis, MN 55408 Hennepin County St. Paul, MN 55104 99000023 Tele: 651 645.3965 •Fax: 651 645.8090 6219 Brooklyn Blvd. Brooklyn Center, MN 55429 Hennepin County #20202409 6525 Nicollet Avenue 8132 Highway 7 Richfield, MN 55423 St. Louis Park, MN 55426 Hennepin County Tele: 612 866.6505 #20225669 Fax: 612 866.4342 2600 Nicollet Avenue Minneapolis, MN 55408 Tele: 612 870.2885 Fax: 612 870.2975 6219 Brooklyn Boulevard Brooklyn Center, MN 55429 Tele: 763 535.6872 Fax: 763 533.6930 •8132 Highway 7 St. Louis Park, MN 55426 Tele: 952 935.7100 Fax: 952 988.0148 E. ALL applicants must answer the following questions. If any questions are answered "YES," you MUST attach a detailed written explanation and any legal documentation, if applicable. Have you, any of the owners, partners, officers, managers, directors, or shareholders owning more than 10% of the corporate stock: - YES NO O ® 1. Held a currency exchange license in any other state other than Minnesota? If YES, the new license application must include a verification of license certified by the state(s); all other applicants must verify that the certification(s) previously submitted is accurate. ® O 2. Been the subject of any inquiry or investigation by any division of the Minnesota Department of Commerce? O ® 3. Had any occupational license censured, suspended, revoked, cancelled, terminated or been the subject of any type of administrative action in any state including Minnesota? O IN 4. Have you ever been charged with, or convicted of, or been indicted for, or entered a plea to, any criminal offense (felony, gross misdemeanor or misdemeanor), other than traffic violations, in any State or Federal Court? O IN 5. Been a defendant in any lawsuit involving claims of fraud, misrepresentation, conversion, mismanagement of funds or breach of contract? O ® 6. Been notified by the Commissioner of Revenue, pursuant to Minnesota Statutes, Section 270A.72, that you currently owe the State of Minnesota taxes? O ® 7. Have any unclaimed property (unclaimed funds or property over 3 years old) to report under Minnesota Statutes, Section 345.37? O ® 8. Filed for bankruptcy or protection from creditors or currently have outstanding unsatisfied Judgment(s)? O ® 9. Been affiliated with any other currency exchange? O ® 10. Will the applicant sell lottery tickets at the licensed location? I HEREBY CERTIFY THAT ALL INFORMATION CONTAINED IN THIS APPLICATION AND ANY ACCOMPANYING DOCUMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY THAT THIS DOCUMENT HAS NOT BEEN ALTERED OR CHANGED IN ANY MANNER FROM TFIZ FORM AD T DEPARTMENT OF COMMERCE. , - �)j vs 8 1z7.- to Signature if Owner, Partner or Corporate Officer. Date 0 Cary D. Geller Print Name of Owner, Partner, or Corporate Officer 3 Lul. J:30CENTERS We make it easy! • Community Money Centers, Inc. Corporate Office 6525 Nicollet Avenue P.O. Box 23090 Richfield, MN 55423 Tele: 612 866.5674 August 15th, 2001 Fax: 612 866.4342 Department of Commerce Division of Financial Examinations 133 East 7 Street Money Center locations St. Paul, MN 55101 1532 University, Suite #100 St. Paul, MN 55104 Re: Page 3, Question #2, of Currency Exchange License Application. Tele: 651 645.3965 ® Fax: 651 645.8090 Dear Sir or Madam, Community Money Centers, Inc. d.b.a. Money Centers was one of several currency exchange businesses that paid the Department of Commerce a 6525 Nicollet Avenue $1,000 fee for an investigation of delayed presentment transactions. The Richfield, MN 55423 Department of Commerce did not take punitive action, imposed no Tele: 612 866.6505 sanctions and did not fine Community Money Centers, Inc. Fax: 612 866.4342 Sincerely, 2600 Nicollet Avenue Minneapolis, MN 55408 e er Tele: 612 870.2885 Pre Fax: 612 870.2975 6219 Brooklyn Boulevard Brooklyn Center, MN 55429 Tele: 763 535.6872 Fax: 763 533.6930 8132 Highway 7 St. Louis Park, MN 55426 Tele: 952 935.7100 Fax: 952 988.0148 Check� Cash ee :. Fee Percentage of Total Check Amount The percentage is determined _ b the type of check cashed. Type of Check 4% Government Check on the first visit 2.5% Government Check $500 or less on subsequent visits 3% Government Check $500.01 or more on subsequent visits 4% Computerized Payroll on the first visit 6% Other Payroll on the first visit 3% All Payroll on subsequent visits • 6% Insurance Check or Draft 3% Money Order Issued by Money Centers 6% Morley. Order Issued by bank 10% Money Order Issued by others 4% Cashier's Check 12.5% Personal Check ALL CHECKS CASHED ARE SUBJECT TO_ A 75¢ PER ITEM SURCHARGE. A $20 per item fee will be charge for returned checks.. 'CENTERS We make it easy! STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY BUREAU OF CRIMINAL APPREHENSION • CRIMINAL JUSTICE INFORMATION SYSTEM SECTION 1246 UNIVERSITY AVE, ST PAUL, MN 55104 - 4197 (651) 642 -0670 TTY (651) 282 -6555 'Date: 2001/08/10 Name: KRIETZMAN- BLAZEVIC, RICHARD P DOB: 1950/11/23 SEQ #: 570 This letter certifies that a search has been made of the criminal history files maintained in Minnesota by the Department of Public Safety, Bureau of Criminal Apprehension. The search was performed by Name and Date of Birth. The result of this search indicates that no record was found based • on the above search criteria. This does not preclude the possible existence of additional information located at county or city levels. If you have questions about this record please contact the telephone number above. STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY BUREAU OF CRIMINAL APPREHENSION • CRIMINAL JUSTICE INFORMATION SYSTEM SECTION 1246 UNIVERSITY AVE, ST PAUL, MN 55104 - 4197 (651) 642 -0670 TTY (651) 282 -6555 Date: 2001/08/10 Name: GELLER, CARY D DOB: 1950/06/16 SEQ 4: 571 This letter certifies that a search has been made of the criminal history files maintained in Minnesota by the Department of Public Safety, Bureau of Criminal Apprehension. The search was performed by Name and Date of Birth. The result of this search indicates that no record was found based on the above search criteria. • This does not preclude the possible existence of additional information located at county or city levels. If you have questions about this record please contact the telephone number above. IMI �CENTERS We make it easy! Community Money Centers, Inc. Corporate Office WORK HISTORY OF MANAGEMENT 6525 Nicollet Avenue P.O. Box 23090 Richfield, MN 55423 Cary D. Geller Tele: 612 866.5674 1992 to Present Community Money Centers, Inc. Fax: 612 866.4342 President 1980 to Present MCM Properties, Fargo, ND Managing Partner 1976 to 1991 Geller's Auto & truck Parts, Inc. Money Center locations Geller's Main Automotive, Inc. 1532 University, Suite #100 Secretary. Treasurer, Principle St. Paul. MN 55104 1974 to 1976 Galaxy Film Service, Minneapolis, MN Tele: 651 645.3965 Assistant Sales Manager • Fax: 651 645.8090 Richard P. Krietzman 1992 to Present Community Money Centers, Inc. 6525 Nicollet Avenue Secretary/ Treasurer, Controller Richfield, MN 55423 1983 to 1992 Radisson Hotels International, Inc. Tele: 612 866.6505 Controller, Radisson Hotel, Moscow, Russia Fax: 612 866.4342 Corporate Accounting Manager Controller, Radisson Hotel, St. Paul 1979 to 1983 CFS Continental, Inc., Minneapolis 2600 Nicollet Avenue Assistant Regional Controller Minneapolis, MN 55408 1974 to 1977 Investors Diversified Services, Minneapolis Tele: 612 870.2885 Internal Auditor Fax: 612 870.2975 6219 Brooklyn Boulevard Brooklyn Center, MN 55429 Tele: 763 535.6872 Fax: 763 533.6930 •8132 Highway 7 St. Louis Park, MN 55426 Tele: 952 935.7100 Fax: 952 988.0148 BOND NUMBER: 94792 STATE OF MINNESOTA • DEPARTMENT OF COMMERCE CURRENCY EXCHANGE SURETY BOND KNOW ALL PERSONS BY THESE PRESENTS: That Community Money Centers, Inc. dba Money Centers (Name of Currency Exchange) a corporation in the State of Minnesota (Description or form of business organization, including state of incorporation) with business office at 6219 Brookly_ n Blvd.. Brooklvn Center, MN 55429 (Street Address, City, State, Zip) as PRINCIPAL and FIRE FIRE & MARINE INSURANCE COMPANY OF OMAHA, NE (Name of Surety) a corporation duly organized under the laws of the State of Nebraska which is authorized to engage in the business of insurance in the State of Minnesota, as SURETY, are hereby held and firmly bound to the Department of Commerce of the State of Minnesota in the sum of TEN THOUSAND DOLLARS ($10,000). Principal and Surety hereby bind themselves, their representatives, successors and assigns, jointly and severally by these presents. The parties further agree that: 1. The purpose of this obligation, which is required by Minnesota Statutes, Section 53A.08, is to secure the compliance by Principal with the terms of Minnesota Statutes, Section 53A.02 to 53A.13, and any other legal obligations arising out of the Principal's conduct as a currency exchange. ® 2. This bond is for the benefit of the State of Minnesota and all persons suffering damages by reason of the Principal's failure to comply with Minnesota Statutes, Section 53A.02 to 53A.08, or other legal obligations arising out of Principal's conduct as a currency exchange. 3. If the Principal shall violate Minnesota Statutes, Section 53A.02 to 53A.08, or other legal obligations arising out of its conduct as a currency exchange, the Commissioner of Commerce, as well as any person damaged as a result of such violation shall have, in addition to all other legal remedies, a right of action on this bond in the name of the injured party for loss sustained by the injured party. 4. This bond shall be effective from January 1, 2002 until December 31, 2 002 (Year) Signed and Sealed this 13th day of Augil .st 2001 A By: EMPIRE FIRE & MARINE INSURANCE COMPAN`$y: (Name of Surety) (Signature of Attorney ' ;,; Pty Company' H. Community Money Centers, Inc. dba Davi By: Money Centers By: l� . (Name of Currency Exchange) (Signaturk of Sole Proprietor, Partner, or President) Cary D. Geller, President * * * * * * * * * * * * * * * * * * * * * * * * FOR DEPARTMENT USE ONLY O pproved as to form and execution by Department of Commerce. Date MN /DOC CE BOND 7/99 1 INSTRUCTIONS: 1. This side is to be completed by a notary public for both the Principal and the Surety. • 2. Please attach the Power of Attorney and Certified Copy of the Corporate Resolution for the Surety listed herein. ACKNOWLEDGMENT OF PRINCIPAL STATE OF 1 COUNTY OF 1 ss. (SOLE PROPRIETORSHIP) The foregoing instrument was acknowledged before me this day of , by (Name of person acknowledged) NOTARY SEAL Notary Public ################ # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## (PARTNERSHIP/LIMITED LIABILITY COMPANY) The foregoing instrument was acknowledged before me this day of by a partner on behalf of (Name of acknowledging partner) . a partnership. (Name of partnership /limited liability company) NOTARY SEAL Notary Public (CORPORATION) The foregoing instrument was acknowledged before me this day of 2001 by Cary D. Geller , President of Community Money Centers, Inc. (Name of corporate president) dba Money Centers a Minnesota corporation, on (Name of corporation acknowledging) (state of incorporation) behalf of the corporation. CAROLYN L DAVIES Is: +-! Notary Public NOTARY S - Minnesota Notary Public My Commission Expires Jan. 31.2005 ry ACKNOWLEDGMENT OF SURETY STATE OF MINNES COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me this 13th day of August 2001 by Richard H. Davies, Attorney -in -Fact (Name and title of officer or agent) of EMPIRE FIRE & MARINE INSURANCE COMPANY (Name of corporation acknowledging) a Nebraska corporation, on behalf of the corporation. ® (state of incorporation) e GO MY LAU IIE A. McKAY Lary � NOTARY SEAL CommisslonEM�pk�e.si.l006 Notary Public Laurie A. Mc MN /DOC CE BOND 7/99 2 f E=MPIRE FIRE AND MARINE INSURANCE �;OMPANY OMAHA, NEBRASKA POWER OF ATTORNEY Know Al! Men by These Presents: bat this Power of Altorney is not valid or in effect unless attached to the bond which it authorizes executed, but pray be detached by pproving officer if desired. That EMPIRE FIRE AND MARINE INSURANCE COMPANY, a corporation duly organized under the laws of the Stale of Nebraska, and having its principal office in the City of Omaha, County of Douglas, Stale of Nebraska, does hereby make, constitute and appoint Richard H. Davies, Bruce A. Myers, Nicholas L. Newton, Carolyn L. Davies, Matthew VJ. Davies and Pamela M. Driesch its true and lawful Attorneys) - in - fact, to make, execute, sign, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds and undertakings of suretyship. NOT EXCEEDING IN AMOUNT Seven Hundred and Fifty Thousand and No/ 10 0--------------------------------------------------------- - - - - - Dullars ($ 750,000. ) and to bind EMPIRE FIRE AND MARINE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Exe;:L"I;vc Officer of E=MPIRE= FIRE= AND MARINE= INSURANCE COMPANY and sealed and attested to by one other of such officers, and hereby ratifies and conlirnrs all that its said Altorney(s) -in -fact may do in pursuance hereof. This power of attorney is granted under and by authority of Arlicle III, Section 3.1 of the Uy -Laws of the LMI IML I ANU MARINE INSURANCE COMPANY and by Resolution of the Board of Directors duly adopted as follows: "All bonds, policies, undertakings or other obligations of the corporation shall be executed in the curpurale name of the Company by the Chairman of the Board, President, any Vice - President, Secretary, any Assistant Secretary, or Treasurer, or by such other officers as the Board of Directors may authorize. The Chairman of the Board, President, any Vi! _- President, Secrelary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bunds, policies, or underlakinys in the name of the Company. The corporate seal is not necessary for the validity of airy bonds, policies, underlakinys or other obligations of the corporation." It is certified that the above is a true and exact copy. In Witness Whereof, the EMPIRE FIRE AND MARINE INSURANCE= COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed, duly attested by its Secretary this 19th day of June 2000 Attest: EMPIRE FIRL AND MARINL INSr_11zANCL COMPANY ,Secretary � � /? ,.t_. -.-- t�resicJenl STATE OF NEBRASKA ) ss. COUNTY OF DOUGLAS) On this 19111 day of June , A.D. 2000 before me personally carne John Kinser to nre known, who being by me duly sworn, did depose and say: that he resides in the County of Douglas, State of Nebraska; that he is the Secrelary of the LMI'IRE" FIRE AND MARINE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Uuard of Directors of said corporation and that Ile signed his name thereto by like order. Signed and sealed at the City of Omaha. Dated 19111 day of June 200 , . GENERAL NOTARY-Stale of Nebraska III CAROL WHITE My Comm. ExpII . Jan. 2, 2W3 / -- Notary Public CERTIFICATE I, the undersigned, Secretary of the EMPIRE FIRE AND MARINE INSURANCE COMPANY, A Nebraska Corporation DO 1 ILIZLDY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revuked; and furlhcrniore, that the Resolutions of the Board of Directors set forth In the Power of Attorney are now in force. Signed and sealed at the City of Omaha. Dated the 13th day of August , 2001 • Societal EM 40 10 (06 -00) STATE OF MINNESOTA FOR OFFICEUSE ONLY • TE . sez b !Siiti liiG ) n SECRETARY OF STA CERTIFICATE OF 'F J� ED M ASSUMED NAME S C RETA� �� �,� SO 44 Minnesota Statutes Chapter 333 v ?0 v 8 /Ale Read the directions on reverse side before completing. t7 �.S r �:7� Filing Fee: $25.00 All information on this form is public information. To expedite the return of your docume its, please submit a stamped self- addressed envelope. The filing of an assumed name does not protect a user's exclusive rights to that name. The filing is required as a consumer protection, in order to enable consumers to be able to Identify the true owner of a business. PLEASE TYPE OR PRINT LEGIBLY IN BLACK INK FOR MICROFILMING PURPOSES. 1. State the exact assumed name under which the business is or will be conducted: (one business name per app',ication) Money Centers 2. State the address of the principal place of business. A complete street address or rural route and rural route box number is required: the address cannot be a P.O. ©ox. �! 6525 Nicolle* Avenue Richfield MN 55423 Street City State Zip code e 3. List the namErand complete street address of all persons conducting business under the above Assumed Name. Attach additional sheet(s) it necessary. If the business owner is a corporation or other business entity, list the legal name and registered office address. Name (please print) Street City State Zip Community Money Centers, Inc., 6525 Nicoliet Avenue, Richfield, MN 55423 ». i w 4. 1 certify that I am authorized to sign this certificate and I further ceply that I understand that by signing this certificate, I am subject to the penalties of perjury as t rh in Minnesota tat s se tion 609.48 3s•jf I had signed this certificate under oath. _�. ` Signature (Ot�1LY one person listed in #3,is required -to sigri.) t+ :'•; 05/ /98 Cary D. Geller, President ' Print Name and Title Date , �r Cary D. Geller ES. i612.i,.�tib -674 Contact Person + , „ „w 0 ; 1 : A :Me F'hono Number • 059208[11 Re 2197 - , MINNESOTA DEPARTMENT OF 85 7th Place East, Suite 500 COMMERCE St. Paul, Minnesota 55101 -2198 651.296.4026 FAX 651.297.1959 TTY 651.297.3067 August 6, 2001 ATTN: Cary Geller Community Money Centers, Inc. dba Money Centers 6219 Brooklyn Blvd. Brooklyn Center, MN 55429 This letter will serve as your renewal billing for your Minnesota Currency Exchange license that will expire December 31, 2001. Please read and follow these instructions carefully. PLEASE NOTE: According to Minnesota Statutes, Chapter 53A, regarding the licensing of currency exchanges, both state and local approval of insurance and renewal of a currency exchange license is required. According to statute, all currency exchange locations must be licensed as separate entities. This process may take up to 120 days; therefore, you should return the required forms immediately. Please sign, date and return this billing with a completed application postmarked before 12:00 midnight September 1, 2001, with a check, cashiers check, or money order in the amount of $500.00 • for each location to be renewed. Cash cannot be accepted. Make your payment payable to the Minnesota Commerce Department. Each currency location must file a separate and complete application including all required attachments listed on page 4 of the application. A separate surety bond in the amount of $10,000 (on the form provided) must be sent for each licensed location. The bond must be effective January 1, 2002, until December 31, 2002. A Power of Attorney form must also be included with the bond. Please note the acknowledgment of individual /partnership /corporation and acknowledgment of surety portion of the bond must be notarized. If all required forms are not fully completed and returned to our office with payment by September 1, 2001 your license will lapse effective December 31, 2001. If your license does lapse, you must reapply for a license using the license application form and paying the new license fees. ALL THE INFORMATION REQUESTED ABOVE MUST BE ATTACHED TO THE RENEWAL BILLING BEFORE RETURNING THE BILLING TO OUR OFFICE. FAILURE TO DO SO WILL RESULT IN A DELAY OF THE PROCESSING OF YOUR LICENSE. If you have any questions or need additional information, please feel free to contact the Financial Examinations Division at (651) 282 -9855. G L, // . a oco-.1 • Presiden4 Partner or Owner's Signature / Date CE #20202409 Enforcement: 1.800.657.3602 Licensing: 1.800.657.3978 Energy Information: 1.800.657.3710 Unclaimed Property: 1.800.925.5668 www.commerce.state.mn.us An Equal Opportunity Employer http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl Minnesota Statutes 2000, Chapter 53A. • Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota. == 53A.01 53A.01 Definitions. Subdivision 1. Currency exchange. "Currency exchange" means any person, except a bank, trust company, savings bank, savings association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders, or travelers' checks for a fee. "Currency exchange" does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed $1 or one percent of the value of the check or draft, whichever is greater. Subd. 2. Commissioner. "Commissioner" means the commissioner of commerce. HIST: 1989 c 247 s 1; 1995 c 202 art 1 s 25 == 53A.02 53A.02 License. Subdivision 1. Requirement. A person may not engage in the business of a currency exchange without first obtaining a license from the commissioner. Not more than one place of business may be operated under the same license, but the • commissioner may issue more than one license to the same licensee upon compliance by the applicant with all the provisions of this chapter for each new license issued. Subd. 2. Distance limitation. No license may be issued or renewed under this chapter if the place of business to be operated under the license is located or proposed to be located within one -half mile of another licensed currency exchange. The distance limitation imposed by this subdivision is measured by a straight line from the closest points of the closest structures involved. Subd. 3. Prohibition. A licensee may not contract with another person or business entity to manage the currency exchange business. This subdivision does not prohibit the licensee from employing persons to operate a currency exchange facility. HIST: 1989 c 247 s 2; 1992 c 504 s 2 ==53A.03 53A.03 Application for license; fees. (a) An application for a license must be in writing, under oath, and in the form prescribed and furnished by the commissioner and must contain the following: (1) the full name and address (both of residence and place of business) of the applicant, and if the applicant is a • partnership or association, of every member, and the name and business address if the applicant is a corporation; (2) the county and municipality, with street and number, if any, of all currency exchange locations operated by the 1 of 7 10/11/2001 10:03 AM http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl applicant; and • (3) the applicant's occupation or profession, for the ten years immediately preceding the application; present or previous connection with any other currency exchange in this or any other state; whether the applicant has ever been convicted of any crime; and the nature of the applicant's occupancy of the premises to be licensed; and if the applicant is a partnership or a corporation, the information specified in this paragraph must be supplied for each partner and each officer and director of the corporation. If the applicant is a partnership or a nonpublicly held corporation, the information specified in this paragraph must be required of each partner and each officer, director, and stockholders owning in excess of ten percent of the corporate stock of the corporation. (b) The application shall be accompanied by a nonrefundable fee of $1,000 for the review of the initial application. Upon approval by the commissioner, an additional license fee of $500 must be paid by the applicant as an annual license fee for the remainder of the calendar year. An annual license fee of $500 is due for each subsequent calendar year of operation upon submission of a license renewal application on or before September 1. Fees must be deposited in the state treasury and credited to the general fund. Upon payment of the required annual license fee, the commissioner shall issue a license for the year beginning January 1. (c) The commissioner shall require the applicant to submit to a background investigation conducted by the bureau of criminal apprehension as a condition of licensure. As part of • the background investigation, the bureau of criminal apprehension shall conduct criminal history checks of Minnesota records and is authorized to exchange fingerprints with the Federal Bureau of Investigation for the purpose of a criminal background check of the national files. The cost of the investigation must be paid by the applicant. (d) For purposes of this section, "applicant" includes an employee who exercises management or policy control over the company, a director, an officer, a limited or general partner, a manager, or a shareholder holding more than ten percent of the outstanding stock of the corporation. HIST: 1989 c 247 s 3; 1992 c 504 s 3; 1993 c 354 s 1; 1999 c 223 art 2 s 2 == 53A.04 53A.04 Approval or denial of an application. (a) Within 30 days after the receipt of a complete application, the commissioner shall deny the application or submit the application to the governing body of the local unit of government in which the applicant is located or is proposing to be located. The commissioner may not approve the application without the concurrence of the governing body. The governing body shall give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. If the governing body is has not approved or disapproved the issue within 60 days of receipt of the application, concurrence is presumed. The commissioner must approve or disapprove the application within 30 days from receiving the decision of the governing body. The governing body shall have the sole responsibility for its 2 of 7 10/ 11/2001 10:03 AM http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl decision. The state shall have no responsibility for that decision. • (b) If the application is denied, the commissioner shall send by mail notice of the denial and the reason for the denial to the applicant at the address contained in the application. If an application is denied, the applicant may, within 30 days of receiving the notice of a denial, request a contested case hearing pursuant to chapter 14; provided that if the denial is based upon the refusal of the governing body to concur the governing body must afford the applicant a hearing. The applicant shall have no right to the hearing provided for in this section if the denial is based upon the governing body's refusal to concur but shall have a hearing before the governing body. (c) This section applies to initial applications and renewal applications. (d) The state shall have no responsibility for the action of the governing body. HIST: 1989 c 247 s 4; 1992 c 504 s 4 == 53A.05 53A.05 Change of name, ownership, or location. Subdivision 1. Name or location. If a licensee proposes to change the name or location of any or all of its currency exchanges, the licensee shall file an application for approval of the change with the commissioner. The commissioner • shall not approve a change of location if the requirements of sections 53A.02, subdivision 2, and 53A.04 have not been satisfied. If the change is approved by the commissioner, the commissioner shall issue an amended license in the licensee's new name or location. A $100 fee must be paid for the amended license. Subd. 2. Ownership. The licensee shall notify the commissioner 30 business days in advance of any change in ownership of the currency exchange. The commissioner may revoke the currency exchange license if the new ownership would have resulted in a denial of the initial license under the provisions of chapter 53A. HIST: 1989 c 247 s 5; 1992 c 504 s 5; 1999 c 223 art 2 s 3 == 53A.06 53A.06 Fine, suspension, or revocation of license. (a) The commissioner may suspend or revoke any license under section 45.027 if the commissioner finds that: (1) the licensee has failed to pay the annual license fee or to maintain in effect the required bond or to comply with any order, decision, or finding of the commissioner under Laws 1989, chapter 247; (2) the licensee, or any officer or director of a corporate licensee, has violated any provision of Laws 1989, chapter 247, ® or any rule or order of the commissioner under this chapter or chapter 45; (3) the licensee, or any officer or director of a corporate licensee, has violated any other law which would indicate that 3 of 7 10/11/2001 10:03 AM http://www.revisor.leg.state.mn.us/cgi-bin/getstatcbap,p] the person is untrustworthy or not qualified to operate a currency exchange; or • (4) any fact or condition exists which, if it had existed at the time of the original or renewal application for the license, would have warranted the commissioner refusing the issuance of the license. (b) A license may not be revoked until the licensee has had notice of a hearing pursuant to the provisions of chapter 14. (c) A licensee may surrender any license by delivery to the commissioner. The surrender does not affect the licensee's civil or criminal liability for acts committed before the surrender, or affect the liability on the bond required by sections 53A.01 to 53A.13, or entitle the licensee to a return of any part of any license fee. d Before suspension r ( ) p ion o revocation of the license, the commissioner may fine a licensee for violations of Laws 1989, chapter 247, as authorized under chapter 45. HIST: 1989 c 247 s 6 == 53A.07 53A.07 Filing of fees; unreasonable fees. Subdivision 1. Approval of fees. Fees charged at each location for check cashing services must be filed with and approved by the commissioner. Subd. 2. Amendment of fees. A licensee may amend its • fees at any time by filing the proposed amendments with the commissioner. The application for amendment shall be in writing, under oath, and in the form prescribed by the commissioner. A fee of $50 shall accompany the application. The commissioner shall approve or deny the application 60 days after the filing of a complete application to amend its fees. Subd. 3. Standards; unreasonable fees prohibited. The commissioner may disapprove the fees filed by a currency exchange if they are not fair and reasonable. In determining whether a fee is fair and reasonable, the commissioner shall take into consideration: (1) rates charged in the past for cashing of checks by those persons and organizations providing check cashing services in the state of Minnesota; (2) the income, cost, and experience of the operations of currency exchanges existing prior to this enactment or in other states under similar conditions or regulations; (3) the amount of risk involved in the type of check to be cashed and the location where the currency exchange operates; (4) the general cost of doing business, insurance costs, security costs, banking fees, and other costs associated with the operations of the particular currency exchange; (5) a reasonable profit for a currency exchange operation; • and (6) any other matter the commissioner deems appropriate. 4 of 7 10 /1 1/2001 10:03 AM http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl The commissioner shall set a separate rate, consistent with the above standards, for checks issued by a government entity in an amount up to $500 to be cashed by a currency exchange. HIST: 1989 c 247 s 7 == 53A.08 53A.08 Bond. Before a license may be issued to a currency exchange, the applicant shall file annually with and have approved by the commissioner a surety bond, issued by a bonding company authorized to do business in this state in the principal amount of $10,000. The bond must run to the commissioner and is for the benefit of creditors of the currency exchange for liability incurred by the currency exchange on money orders issued or sold by the currency exchange, for liability incurred by the currency exchange for sums due to a payee or endorsee of a check, draft, or money order left with the currency exchange for collection, and for liability incurred by the currency exchange in connection with providing currency exchange services. The commissioner may require a licensee to file a bond in an additional amount if the commissioner considers it necessary to meet the requirements of this section. In determining the additional amount of the bond which may be required, the commissioner may require the licensee to file its financial records, including all bank statements, pertaining to the sale of money orders for the preceding 12 -month period. In no case may the bond be less than the initial $10,000 or more than the outstanding liabilities. HIST: 1989 c 247 s 8; 1992 c 504 s 6 ® == 53A.081 53A.081 Annual report and investigations. Subdivision 1. Annual report. On or before April 30, a licensee shall file an annual report with the commissioner for the previous calendar year. The report must contain information that the commissioner may reasonably require concerning, and for the purpose of examining, the business and operations of each licensed currency exchange. Subd. 2. Investigation. The commissioner may at any time and shall at least once in each year investigate the currency exchange business of any licensee and of every person, partnership, association, and corporation engaged in the business of operating a currency exchange in the manner provided under section 45.027. Subd. 3. Fees and expenses. The licensee shall pay the costs of an examination or investigation in the manner provided under section 60A.03, subdivision 5. Subd. 4. Classification of data. Financial information on individuals and businesses that is submitted to the commissioner in the annual report under subdivision 1 are private data on individuals or nonpublic data. HIST: 1992 c 504 s 7; 1996 c 439 art 1 s 6; 1Sp1997 c 3 s 19 == 53A.09 53A.09 Powers; limitations; prohibitions. Subdivision 1. Deposits; escrow accounts. A currency 5 of 7 10/11/2001 10:03 AM http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl exchange may not accept money or currency for deposit, or act as bailee or agent for persons, firms, partnerships, associations, • or corporations to hold money or currency in escrow for others for any purpose. However, a currency exchange may act as agent for the issuer of money orders or travelers' checks. Subd. 2. Gambling establishments. A currency exchange located on the premises of a gambling establishment as defined in section 256.9831, subdivision 1, may not cash a warrant that bears a restrictive endorsement under section 256.9831, subdivision 3. HIST: 1989 c 247 s 9; 1996 c 465 art 3 s 1 == 53A.10 53A.10 Violations. Any person, firm, association, partnership, or corporation that violates Laws 1989, chapter 247, shall be guilty of a misdemeanor. HIST: 1989 c 247 s 10 == 53A.11 53A.11 Books of account; annual report. The licensee shall keep and use in the licensee's business the books, accounts, and records that will enable the commissioner to determine whether the licensee is complying with the provisions of Laws 1989, chapter 247, and with the rules adopted by the commissioner. A licensee shall preserve the • books, accounts, and records for at least two years after making the final entry. HIST: 1989 c 247 s 11 == 53A.12 53A.12 Rules. The commissioner may adopt rules under chapter 14 as may be necessary to administer and enforce this chapter. HIST: 1989 c 247 s 12 == 53A.13 53A.13 Fee notice; false advertising; penalty. Subdivision 1. Fee notice. The fees charged b g Y currency exchanges for rendering any service authorized by sections 53A.01 to 53A.13 must be prominently displayed on the premises of the currency exchange in the fashion required by the commissioner. Subd. 2. False advertising. A licensee may not advertise, print, display, publish, distribute, or broadcast any statement or representation that is false, misleading, or deceptive, or that omits material information. Subd. 3. Civil liability; penalty. A person who violates any subdivision of this chapter is liable to the person • damaged by the violation for actual damages. The court may award reasonable attorney fees and costs. HIST: 1989 c 247 s 13 6 of 7 10/11/2001 10:03 AM http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl == 53A.14 53A.14 Repealed, 1992 c 504 s 8 • == 53A.misc2000 Minn. Stats. repealed, etc. secs in chap 53A 53A.14 Repealed, 1992 c 504 s 8 • • 7 of 7 10/11/2001 10:03 AM BROOKLYN CENTER �RnOKIYN CENT� POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Joel Downer, Chief of Police DATE: October 24, 2001 SUBJECT: Money Centers, 6219 Brooklyn Boulevard The Brooklyn Center received sixteen calls for service to the Money Center from November 2000 to October 12, 2001. Type and Number of Calls: • Alarms 2 Disturbing the Peace 4 Dog Calls 1 Forgery 8 Suspicious Acts 1 The number and type of calls to the Money Center indicates that their business operations have not caused any unusual problems or concerns for the Brooklyn Center Police Department. JD /deh • • City Council Agenda Item No. 9a City of Brooklyn Center A Millennium Community MEMORANDUM DATE: October 22, 2001 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation for the Gifts of the Brooklyn Center Li s Club in Support of Our Halloween Party and Safety Camp Activities The Brooklyn Center Lions Club has presented to the City a donation of four hundred dollars ($400.00.) They have designated that it be used to support our annual Halloween Party. In addition, The Brooklyn Center Lions Club has presented to the City a donation of five hundred dollars ($500.00.) They have designated that it be used to support our summer Safety Camp activities. Staff recommends acceptance of these donations and asks that they be coded to the corresponding activity budgets. 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 its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF OUR HALLOWEEN PARTY AND SAFETY CAMP ACTIVITIES WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of four hundred dollars ($400.00.) and have designated it be used to support the annual Halloween Party and WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of five hundred dollars ($500.00.) and have designated it be used to support the summer Safety Camp and WHEREAS, the City Council is appreciative of the donations and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donations with gratitude. 2. Appropriates the donations to the corresponding activity budgets. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • City Council Agenda Item No. 9b • MEMORANDUM DATE: November 8, 2001 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Expressing Recognition for and Appreciation of the Public Service of Organizations Participating in Brooklyn Center's Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street Programs The Adopt- A- Park/Trail/Street Program plays an important role in helping maintain City parks, trails, public grounds, and streets. Established in 1992 through the supportive efforts of the Park and Recreation Commission and the public works staff, the program is supported by the efforts of 36 groups or individuals. Facilities selected are those which staff believes could benefit most from "adoption ". As the program approaches its tenth anniversary, it continues to grow with a high level of participation indicating a great amount of community support for - our extensive park system, • and a desire to maintain its quality. The volunteer groups v '` r represent a cross - section of °` - _ s . the community includingF �;a> service organizations, employee groups, schools, scouts, churches and neighborhood groups. The organizations are '- - recognized by small signs at their adopted facilities. Jan Tieden and her "Kids on the Move Daycare" adopted Orchard Lane Park Each year volunteers collect in 1992 and have remained proud stewards of the park for the past ten years. approximately 5 ,000 pounds Pictured above are some of the youngest volunteers in the Adopt -A- of trash and save six person Park/Trail/Street program. days of manpower in the park division because of their efforts. With the help of the program, maintenance crews can devote more time and effort to other important park projects. The attached resolution thanks the volunteer groups for their commitment to this program. • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION FOR AND APPRECIATION OF THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS WHEREAS, the City Council of the City of Brooklyn Center determined that it is in the City's interest to operate volunteer programs that involve the community in the maintenance of city parks, trails, and streets; and WHEREAS, the following organizations have generously volunteered their time and energy participating in the Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street programs; and WHEREAS, it is appropriate that their service to the community be recognized. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center, Minnesota that the public service of the following groups is hereby recognized and appreciated: Allina Receivable Services Cub Scouts Pack 454 Applebee's Earle Brown School Community Barnacle Bill's Steak & Seafood Evergreen Park School & PTO Boy Scout Troop #401 Friends of Freeway Park Boy Scout Troop #454 Friends of Riverdale Park Boy Scout Troop #299 Garden City Elementary Brookdale Chrysler Plymouth Jill White Brooklyn Center High School Centaurs Eclipse Program Kids On The Move Daycare Brooklyn Center Lions Club Looney Weavers Brooklyn Center Lioness Club Minneapolis North Hilton Staff Brooklyn Center Park & Recreation Commission Orchard Lane Elementary School Brooklyn Center Rotary Club Palmer Lake Elementary Brooklyn United Methodist Church Ray and Dolores Beach Brookpark Dental Center Rise Creative Partnerships Bullfrogs and Butterflies Childcare Riverwood Neighborhood Association Children's Residential Services Target, Brooklyn Center "Good Neighbors" Cub Scouts Pack 299 Tim Olson Cub Scouts Pack 401 Willow Lane Student Council • 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. • City Council Agenda Item No. 9c • MEMORANDUM DATE: November 7, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Joint Resolution Requesting Concurrent Detachment From Brooklyn Center And Annexation To Robbinsdale Of Certain Property South Of TH 100 The council has previously seen proposed resolutions that would request the State Planning Agency to accomplish the detachments and annexations discussed as part of the TH 100 Segment 4 design. The Robbinsdale City Council has agreed to annex the triangular area south of TH 100 for the Frontage Road, but has not agreed to detach the triangular area north of TH 100, south of Twin Lake Park. Therefore, the resolution before the Council would request just the detachment and annexation of the south area. • One issue that has come up recently relates to the homes on the west side of France Avenue south of TH 100. Throughout the planning process, Mn/DOT had agreed to acquire all the homes in Brooklyn Center for purposes of constructing the bridge, ramp, frontage road, and wetland mitigation. This would mean there would be no privately owned properties "swapped" to Robbinsdale. We have recently learned that Mn/DOT now may not need to take the southernmost house in Brooklyn Center. We hope to have an answer from Mn/DOT by November 13 whether that parcel will indeed be taken. If no information is available from Mn/DOT by then, then the Council could consider tabling the resolution until November 26. I 11 - 07 -01 11:02 ID= P.02 i i I Member �_ • 'jQnigan moved and Member W. Johnson seconded a mption that the following resolution be read and adopted this 5` day of November 2001. I i i RESOLUTION N0. 6102 I i 1 JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM BROOKLYN CENTER AND ANNEXATION TO ROBBINSDALE OF CERTAIN PROPERTY SOUTH OF TH 100 j PURSUANT TO MINN. STAT. § 414.061 WHEREAS, certain real property is legally described as: I Beginning at the intersection of the centerline of France Avenue [North and the corporate boundary between Robbinsdale and Brooklyn Center, proceeding north and northwest along the centerline of France Avenue North until its intersection with the centerline of TH 100, then proceeding southwesterly along the centerline of TH 100 until its intersectio with the corporate boundary between Robbinsdale and Brooklyn Ce ter, then proceeding easterly along the corporate boundary to the point of (beginning • at the centerline of France Avenue North. WHEREAS, the said Property is approximately 10.5 acres in size and' is located within the boundaries of Brooklyn Carter; and WHEREAS, said Property is owned by several property owners and is uped as residential; and i WHEREAS, the Minnesota Department of Transportation will acquire fall but one of the parcels comprising said Property for highway purposes, and may acquire the retnaining parcel in part or in total; and WHEREAS, the detachment and annexation of said Property would s mplify municipal boundaries so that property and local infrastructure south of TH 100 would lie [ within the City of Robbinsdale; and i WHEREAS, the resulting simplification of municipal boundaries would reduce confusion among city residents, visitors and providers of services, and would facilitate the efficient provision of public services including planning, zoning, police, fire, emergency medical and utility services. NOW, THEREFORE, BE IT RESOLVED: I is 1. That the City of Robbinsdale and the City of Brooklyn Center jointly regue$t that the Director of the State Planning Agency concurrently detach said Property from the City off, Brooklyn Center and annex the same to the City of Robbinsdale as of July 1, 2002, I Res No 6102 11 -01 11:02 ID= P.03 I i 2. That this joint resolution be subnutted to the Director of the State Pla , in enc • g� Y for the purposes set forth herein. � i The question was on the adoption of the resolution and upon a vote being tak thereon, the following voted in favor thereof. W. Johnson, Blonigan, Zagaros, Laur nt, Mayor Holtz and the following voted against the same: None WHEREUPON SAID RESOLUTION WAS DECLARED DULY PASSED A&' D ADOPTED THIS 5T" DAY OF NOVEMBER 2001. ATTEST: Michall A. i, Mayor i Marcia Glick, City Clerk I • I I I I � 1 I Res No 6102 • CITY OF ROBBINSDALE RESOLUTION NO. CITY OF BROOKLYN CENTER RESOLUTION NO. JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM BROOKLYN CENTER AND ANNEXATION TO ROBBINSDALE OF CERTAIN PROPERTY SOUTH OF TH 100 PURSUANT TO MINN. STAT. § 414.061 WHEREAS, certain real property is legally described as: Beginning at the intersection of the centerline of France Avenue North and the corporate boundary between Robbinsdale and Brooklyn Center, proceeding north and northwest along the centerline of France Avenue North until its intersection with the centerline of TH 100, then proceeding southwesterly along the centerline of TH 100 until its intersection with the • corporate boundary between Robbinsdale and Brooklyn Center, then proceeding easterly along the corporate boundary to the point of beginning at the centerline of France Avenue North. WHEREAS, the said Property is approximately 10.5 acres in size and is located within the boundaries of Brooklyn Center; and WHEREAS, said Property is owned by several property owners and is used as residential; and WHEREAS, the Minnesota Department of Transportation will acquire all but one of the parcels comprising said Property for highway purposes, and may acquire the remaining parcel in part or in total; WHEREAS, the detachment and annexation of said Property would simplify municipal boundaries so that property and local infrastructure south of TH 100 would lie within the City of Robbinsdale; and WHEREAS, the resulting simplification of municipal boundaries would reduce confusion among city residents, visitors and providers of services, and would facilitate the efficient provision of public services including planning, zoning, police, fire, emergency medical and utility services. • KRC- 201658v1 1 BR291 -217 • CITY OF ROBBINSDALE RESOLUTION NO. CITY OF BROOKLYN CENTER RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED: 1. That the City of Robbinsdale and the City of Brooklyn Center jointly request that the Director of the State Planning Agency concurrently detach said Property from the City of Brooklyn Center and annex the same to the City of Robbinsdale as of July 1, 2002, 2. That this joint resolution be submitted to the Director of the State Planning Agency for the purposes set forth herein. • CITY OF ROBBINSDALE: Member introduced the foregoing resolution and moved its adoption. The motion for the adoption of the 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. Date Mayor ATTEST: City Clerk • KRC- 201558v1 2 BR291 -217 • CITY OF ROBBINSDALE RESOLUTION NO. CITY OF BROOKLYN CENTER RESOLUTION NO. CITY OF BROOKLYN CENTER Member introduced the foregoing resolution and moved its adoption. The motion for the adoption of the 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. Date Mayor • ATTEST: KRC- 201658v1 3 BR291 -217 City Council Agenda Item No. 9d MEMORANDUM • DATE: November 7, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: 2002 Utility and Service Charge Rate Study Attached for Council consideration is the 2002 Public Utilities and Service Charges Rate Study. This item was discussed at the Council's October 15 work session. The City Council annually reviews public utility rates to determine their adequacy in meeting financial goals and supporting operations and capital projects. In summary, I recommend the Council consider increasing the sanitary sewer and storm drainage rates, with no change to the water rate. The recommended rates increase the annual utility bill of the average customer by about 3.5 percent (or $3.25 per quarter), and of the average senior customer 4.8 percent (or $2.15 per quarter). By comparison, the annualized inflation rate is currently 2.6 percent, and next years' Social Security Cost of Living Adjustment (COLA) will be 2.6 percent, or an average increase of $63 per quarter. As to service charges, no change is made to the recycling rate, the street light service district charges are recommended as considred during the development of that service district, and no change is recommended for utility connection charges. • The utility rates would increase as follows: • Water: retain at $0.98 per 1,000 gallons. Last year, when setting rates for 2001, we had projected that the water rate would have to increase to $1.02 in 2002. AT this time I believe that the water utility can meet its long term financial goals with no rate increase in 2002. • Sanitary sewer: from $50.00 per quarter for a single family residence ($27.50 for seniors) to $52.50 ($28.90 for seniors). There was no rate increase in 2000. Last year, the rates increased from $47.50 to $50.00. The proposed increase is the same as was projected last year, and results primarily from increasing capital improvement project costs. • Stornz drainage: from $10.75 per quarter for a single family residence to $11.50. Capital needs continue to drive rate increases, however, the coming retirement of bonds issued to pay for Cahlander Pond and Park will make more funds available for capital projects, and slow the future rate increases. Service Charges • Recycling: no increase, continue at $6.45 per quarter for a single family residence. The HRG board has elected not to pass on the increased cost of commingled recycling, at least for the • first year. I • Street Lights: as approved by the Council earlier this year, the street light service charge • would be initiated as of January 1, 2002. Sinclge family residences wold be charged $3 per quarter, with all other residential property charged $3 per dwelling unit per quarter. All other property would be charged a rate per acre. • Utility connection charges: no increase is recommended for 2002. What is Driving These Rate Increases? Public utilities are often the target of unfunded mandates. For example, several years ago, the Department of Health enacted a State Water Connection Surcharge to assist the State in paying the costs of meeting federal EPA requirements for water testing for lead and copper. In 2001 this cost is $47,000. The federally mandated Consumer Confidence Report, which must be made available to all users of City water, is an additional cost. We have budgeted $3,000 in printing costs to prepare and distribute this report. This expense will be continuing, as the City is required to update that report every year. The most significant force behind the rate increases is the Neighborhood Street and Utility Improvement Program. Substantial capital outlays have been made and will continue from these funds. Our own prioritization policy is the culprit: we have identified as highest priority for improvement those neighborhoods that have the highest combination of needs. Thus, projects completed to date and those in the 5 -year plan all will require substantial improvements in all three utilities. • We have also changed our philosophy in how we estimate costs. We believe that it is important to plan for the worst case but actually do only what is necessary. We believe this is a more responsible planning approach than to take our best guess of what a project three years from now might require. Under that approach should our best guess underestimate the costs we may not have enough funds available to do what is necessary and would have to scale back a project already in the design phase. Are We Doing All We Can To Keep Rates as Low As Possible? On the operating side, there is little room for savings. Wages are fixed by union contracts. Overtime when expended is generally the result of equipment failure (such as a water main break) or natural causes (during power outages having to shuttle generators between lift stations to pump down the wet wells until power is restored) which need to be responded to immediately to protect public health and safety. Utility staff has found the most cost - effective supplies and applications of chemicals and regularly performs preventative maintenance on all components of the utility systems. The installation of energy- saving adjustable speed drives at six wells has reduced electric costs by $40,000. Even implementing the Central Garage Internal Service Fund helps by "even -ing out" expenses for equipment. There may be additional small efficiencies yet to be gained, and utility staff is committed to operating the utilities in as cost efficient, safe a manner as possible. • On the capital side, the only real option to reduce costs is to scale back the Neighborhood Street and Utility Improvement Program. This will happen necessarily in the latter part of the five year period as the amount available to pay the City's share of the street costs will not be enough to sustain the pace of miles completed each year. Starting in 2003, the size of projects will substantially decrease, • and the capital outlays from the utility funds will correspondingly decrease. However, as discussed with the Council previously, in the latter part of the 5 -year plan more cost previously charged to streets would be charged to utilities. For example, street excavation is now charged to r g streets; in future years it will be prorated between streets and the utilities. Also, curb and gutter is now charged to streets; in the future it will be prorated between streets and storm drainage. As for other capital improvement projects, virtually all which are proposed are necessary to maintain the integrity of the utility systems, and we rely on the public bidding process to ensure that the work is completed at as low a cost as possible. Attached to this report are graphs showing past rates and expected future rates compared to inflation. As can be seen, in some years the rate increases have been less than the inflation rate. There have also been years when the rates did not increase. How Do Brooklyn Center's Rates Compare With Other Cities? Brooklyn Center has historically had one of the very lowest water rates in the entire state, in large part because we do not operate a treatment plant. The table below shows the 2002 water rates of various Metro area cities. • Table 1 2002 Water Rates of Various Metro Area Cities Based on Average 100,000 G Annual Consumption CITY I PER 1000 G I CITY I PER 1000 G Golden Valley $2.50 Brooklyn Park $1.50 Crystal 2.10 Plymouth 1.24 New Hope 2.07 Hopkins 1.20 Minneapolis 1.87 Fridley 1.04 Richfield 1.69 Brooklyn Center 0.98 Bloomington 1.55 Maple Grove 0.90 Robbinsdale 1.51 Blaine 0.75 • The sanitary sewer rate has historically been in the middle range of comparable cities. The table below shows 2002 sanitary sewer rates, converted where necessary for comparability. Table 2 2002 Quarterly Sanitary Sewer Charges of Various Metro Area Cities (Converted to Quarterly Rate Where Necessary Based on 100,000 G Annual Consumption) CITY I PER QUARTER I CITY I PER QUARTER' New Hope $68.50 Maple Grove $50.25 Fridley 62.50 Golden Valley ! Plymouth 57.60 Andover 45.00 Hopkins 56.25 Blaine 44.70 Brooklyn Park 55.00 Crystal 44.67 Robbinsdale 53.75 Osseo 35.00 Brooklyn Center 52.50 Bloomington 29.37 Finally, Brooklyn Center has one of the highest Storm Drainage Utility rates. Other cities that have similar rates are also in the process of constructing substantial improvements. Cities with lesser rates are not actively constructing improvements, or assess a much larger share of the cost of • improvements to the property owners. Table 3 2002 Residential Storm Drainage Utility Rates of Various Metro Area Cities I CITY PER QUARTER CITY PER QUARTER Golden Valley $12.70 Richfield $8.80 Hopkins 12.00 Crystal 6.03 Brooklyn Center 11.50 Robbinsdale 5.85 New Hope 10.95 Roseville 4.38 Bloomington 10.44 Fridley I 2.80 Plymouth 9.75 Summary I believe these rates are fiscally prudent and necessary for the sound management of the utilities and • the service districts. City of Brooklyn Center 2002 Public Utilities and Service Charges Rate Study The City Council annually reviews public utility and service charges rates to ensure their adequacy in meeting financial goals. The Public Works Department strives to meet these goals while keeping rates as affordable as possible. The total utility bill paid by a resident of Brooklyn Center continues to be lower than in most area communities. PUBLIC UTILITIES Average Water Utility: Residential 2001 2002 Utility Customer Cha rge _,. Char e The schedule labeled Water Utility Rate Study: 2002 shows Utilitv Rates the projected effect of no increase in rates for 2002 and rate Water $127.40 $127.40 increases in subsequent years. The graph titled Water Rate, Sanitary Sewer $200.00 $210.00 1995 -2006 Compared to Inflation shows that water rates Storm Drainaize $43.00 $46.00 have in the past increased at a rate less than inflation, and in Total $370.40 $383.40 the future are projected to increase faster than inflation. Dollar increase $17.40 $13.00 Percent increase 4.6% 3.5% With the exception of the periodic painting of water towers Service Charges and the possible need for a water treatment facility in the Recvclina $25.80 11 $25.80 future, most capital outlays in the water utility will be Street Light SD $12.00 substantial main replacements associated with neighborhood Annual Average street improvements and other infrastructure repair. Utility /Service Charg $396.20 $421.20 It is recommended that the Council adopt no rate increase in 2002, keeping the rate $0.98 per 1,000 gallons. Major improvement projects scheduled for 2002 include water main replacement associated with the 2002 neighborhood street reconstruction in the Garden City South and Southwest Neighborhoods. Sanitary Sewer Utility: The table Sanitary Sewer Rate Study: 2002 shows the projected effect of a five percent increase for 2002. Considerable expenditures have been made from this fund in the past several years, however, this cycle of large facility expenditures is coming to an end. Aside from facility improvements, neighborhood street projects have required substantial sanitary sewer main replacements and repairs, and will continue to do so. In most neighborhood projects, the majority of sewer main has been found to be in need of replacement. Capital improvements for 2002 will include: replacement of most of the sanitary sewer lines as a part of the 2002 neighborhood street improvement projects in the Garden City South and Southwest Neighborhoods. Also, in 2002 a three year program to replace lift station cabinets and electric controls will begin, improving two lift stations per year. Detailed analysis of future capital needs for all utilities can be found in the Capital Improvements Plan. • It is recommended that the Council adopt a rate increase of 5 %, and increase rates from $50.00 per quarter (residential rate) to $52.50 per quarter. There was no rate increase in 2000, and an increase from $47.50 to $50.00 in 2001. Storm Drainage Utility: The table Storm Drainage Utility Rate Study: 2002 shows a 7 % increase in 2002 rates, with no increases • in the following four years. Average Senior 2001 2002 A financial management priority for the storm drainage utility Utility Customer I Charge Ch e is the accumulation of a minimum cash balance of $540,000. Utility Rates This balance is necessary to provide for adequate cash flow 1 Water I $28.00 $28.00 } and provide flexibility in programming projects. Substantial Sanitary Sewer $110.00 $115.60 improvements to the Palmer Lake basin, Twin Lakes, and Storm Drainage $43.00 $46.00 Shingle Creek as well as construction of additional regional Total $181.00 $189.60 detention ponds are expected to become a priority over the Dollar increase $8.48 $8.60 next several years. Percent increase 4.3% 4.8% Service Charges Capital improvements scheduled for 2002 include: storm sewer Recvclin2 $25.80 $25.80 work associated with the neighborhood street reconstruction in Street Light SD $12.00 the Garden City South and Southwest Neighborhoods, Annual Average miscellaneous structure improvements, and potential Utility /Service improvements to Twin Lake and Shingle Creek. Charg $206.80 $227.40 It is recommended that the Council adopt a rate increase of 6.9%, or an increase from $10.75 per quarter (residential rate) to $11.50 per quarter. SERVICE CHARGES • Recycling Utility: The Hennepin Recycling Group (HRG) has adopted its budget for 2002 and it maintains current service levels with no increase in fees for 2002. No increase will be imposed in 2002 for the new commingled recycling program. Rates will remain at $2.15 per month, or $6.45 per quarter. Street Light Service District: The proposed Street Light Service District rates would be effective January 1, 2002. As can be seen on the table Street light Service District Rate Study: 2002 the initial rates are sufficient to pay the cost of operation of the street light system, but are insufficient to pay the full cost of street light improvements included in 2002 Neighborhood Street projects. Approximately 2/3 of the cost of street lighting improvements would continue to be charged to the Special Assessment Construction Fund, to be paid for by a combination of General Fund levy, transfer of year end excess General Fund balance, SACF balance, and special assessments. In subsequent years, with small increases per year the street light fund would be sufficient to fund operations, capital outlays that are part of neighborhood projects, plus accumulate a balance that could be used for other improvements. Utility Connection Charges: No increase is recommended for utility connection charges. Summary: Staff recommends increases in sanitary sewer and storm drainage rates for 2002, and no increase in water • rates. If the recommended rates are adopted, the annual utility bill of the average customer would increase by approximately 3.5 percent. The annual bill of a senior customer would increase by 4.8 percent. This compares to the current rate of inflation of 2.6 percent and the Social Security COLA increase for 2002 of 2.6 percent. Service charges would add $12 per year to the bill of residential and senior customers alike. 0 i • WATER UTILITY RATE STUDY: 2002 31-Oct-01 budget budget 10/2 .... ......... " $ - -44 . 9 Start of Year Cash & Investments $2,229;616 # ,$ 1;706,'675 0 607 EXPENDITURES Operations Personal Service $448,079 $438,395 $451,547 $465,093 $479,046 $493,417 Contractual Service 209,590 209,866 216,162 222,647 229,326 236,206 Supplies & Materials 147,000 152,050 156,612 161,310 166,149 171,134 Utilities/Insurance 119,475 120,185 123,791 127,504 131,329 135,269 Depreciation 412,055 433,899 450,000 460,000 470,000 470,000 TOTAL EXPENDITURES $1,336,199 $1,354,395 $1,398,111 $1,436,554 $1,475,851 $1,506,026 REVENUES Billing Revenues $1,225,000 $1,225,000 $1,375,000 $1,475,000 $1,550,000 $1,650,000 Miscellaneous Operating 155,000 160,000 165,000 170,000 175,000 180,000 Bond proceeds Change in Fair Market Value of Inv Miscellaneous Non-operating 20,000 20,000 20,000 20,000 20,000 20,000 TOTAL REVENUES $1,400,000 $1,405,000 $1,560,000 $1,665,000 $1,745,000 $1,850,000 -Net Income or Loss $63,801 $50,605 $161,889 $228,446 $269,149 $343,974 .Depreciation Add-Back I $412,055 I $433,899 I $450,000 $460,000 $470,000 I $470,000 $.01S': 74" .. ...... ....... 7 0. 4 :001: .... ... 4 OWC a 19 .................. ........... ... ...... . .......... . . .. w. .. ... . 0 ;3. 2005 .2Q0........ . ... .... ..... ....... .... . .... . :.:.:.:.:.:..:.:.:.:..:.:.: . Non Operating Expenditures Capital Outlay $1,053,978 $1,389,545 $607,300 $764,105 $465,815 $681,180 Debt Service $56,300 $56,300 Non Operating Revenues Interest Earnings $111,481 $85,334 $41,533 $43,839 $42,249 $58,028 Total Net Effect on Fund Balance ($522,941) ($876,007) $46,122 ($31,820) $315,583 $190,821 End of Year Cash & Investments 6 876,79 044,9 51 For Information Cash Balance Target $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 ........... .... ... ...... Number of gallons (in 1000s) 1,250,000 1,250,000 1,250,000 1,250, 000 1,250,000 1,250,000 SAPARY SEWER RATE STUDY: 2002 31-Oct-01 Budget Budg 10/2 ...... ....... . .. ..20 ...... 2. 2 . . 20 . . ........... ............... ...... ... . .. Start of Year Cash & Investments 857 340,F $ 693;159 . 797,01 EXPENDITURES Operations Personal Service $209,585 $218,554 $225,111 $231,864 $238,820 $245,984 Contractual Service 131,588 128,244 134,656 141,389 148,458 155,881 Supplies & Materials 16,500 18,750 19,313 19,892 20,489 21,103 Utilities /Insurance 32,380 32,380 33,999 35,699 37,484 39,358 Depreciation 234,237 250,148 270,000 280,000 290,000 300,000 Subtotal: City O&M Expense $624,290 $648,076 $683,078 $708,844 $735,251 $762,327 MCES Charges $1,425,000 $1,400,000 $1,414,000 $1,428,140 $1,442,421 $1,456,846 TOTAL EXPENDITURES $2,049,290 $2,048,076 $2,097,078 $2,136,984 $2,177,672 $2,219,173 REVENUES Billing Revenues $2,510,901 $2,646,966 $2,658,096 $2,733,481 $2,745,306 $2,821,050 Miscellaneous Operating 0 0 0 0 0 0 Change in Fair Market Value of Inv Miscellaneous Non-operating 1,000 1,000 1,000 1,000 1,000 1,000 TOTAL REVENUES $2,511,901 $2,647,966 $2,659,096 $2,734,481 $2,746,306 $2,822,050 Net Income or Loss $462,611 I $599,890 I $562,018 $597,497 $568,634 $602,877 Depreciation Add-Back $234,237 $250,148 $270,000 $280,000 $290,000 $300,000 ...... .. .... .... . C.C""46156"t 6' 2:6 . if 4::j: . ... 2 577 AVA L'abld.Zabit' t ..... ........ 2 0 0 . ... .......... ...... ... ... Q04 . . . . .. .... .... Non Operating Expenditures Capital Outlay $561,220 $1,392,015 $711,790 $808,305 $440,940 $1,143,090 Non Operating Revenues Interest Earnings $42,867 $51,792 $27,282 $34,658 $39,850 $62,728 Total Net Effect on Fund Balance $178,495 ($490,185) $147,510 $103,850 $457,544 ($177,485) X . End of Year Cash & Investments 693 15 797 5,54 x$1;;07$ 7,0,6.9!'; For Information Proposed Cash Balance Target $950,000 $950,000 $950,000 $950,000 $950,000 $950,000 Residential Accounts ............... N .:. - �0 Pum ..... .... .. ................ Senior Accounts r - ar. ....... y $20. C. . ........ ............ $2 .... .. ........ ...... . ..... STW DRAINAGE UTILITY RATE STUDY: 20020 0 31-Oct-01 budget Budg 10/2 0. � 91 ........... .. ....... ZOO 6 54_6 $1;133 " 4XID12 Start of Year Cash & Investments 11 31TA' _Y EXPENDITURES Operations Personal Service $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 Contractual Service 56,879 54,057 56,003 58,019 60,108 62,272 Supplies & Materials 500 650 1,100 1,200 1,200 1,300 Utilities/Insurance 3,200 3,200 3,315 3,435 3,558 3,686 Depreciation 164,902 182,695 180,000 190,000 200,000 200,000 TOTAL EXPENDITURES $325,481 $340,602 1 $340,418 $352,654 $364,866 $367,258 REVENUES Billing Revenues $1,118,000 $1,196,000 $1,196,000 $1,196,000 $1,196,000 $1,118,000 Change in Fair market value Miscellaneous Operating 0 0 0 0 0 0 Miscellaneous Non-operating 2,500 2,500 2,500 2,500 2,500 2,500 TOTAL REVENUES $1,120,500 $1,198,500 $1,198,500 $1,198,500 $1,198,500 $1,120,500 Net Income or Loss $795,019 I $857,898 I $858,082 $845,846 $833,634 $753,242 Depreciation Add-Back $164,902 $182,695 $180,000 $190,000 $200,000 $200,000 .............. n 8 242 5.3 '14 P.....4.* ....... .. .. 20 Non Operating Expenditures Capital Outlay $395,331 $1,154,790 $495,785 $601,845 $350,070 $690,920 Debt Service $240,850 $240,850 $240,540 $239,250 $237,210 Non Operating Revenues Interest Earnings $6,571 $23,086 $6,488 $21,901 $32,733 $56,688 Total Net Effect on Fund Balance $330,311 ($331,961) $308,245 $216,652 $479,087 $319,010 End of Year Cash & Investments 38012 $ 654,664 13 75, For Information Proposed Cash Balance Target $540,000 $540,000 $540,000 $540,000 $540,000 $540,000 $.46. 0:::­:­: Residential rate per lot $10.75 $11.50 $11.50 $11.50 $11.50 $ib Schools & govt buildings per acre $53.75 $57.50 $57.50 $57.50 $57.50 $53.75 Multiple family & churches per acre $129.00 $138.00 $138.00 $138.00 $138.00 $129.00 Commercial and industrial per acre $215.00 $230.00 $230.00 $230.00 $230.00 $215.00 STREET LIGHT SERVICE DISTRICT RATE STUDY: 2002 29-Oct-01 budget 11/2 ... ...... ... . .... .. . .... 0 4 Start of Year Cash & Investments $1111" 156' $0 .$27,268 $45,441 EXPENDITURES Operations Personal Service $0 $0 $0 $0 Contractual Service 6,000 6,180 6,365 6,556 6,753 Supplies & Materials 0 0 0 0 Utilities/insurance 140,000 142,100 144,232 146,395 148,591 Depreciation I TOTAL EXPENDITURES $0 $146,000 $148,280 $150,597 $152,951 $155,344 REVENUES Billing Revenues $203,704 $226,638 $252,776 $275,710 301,848 Miscellaneous Operating Bond proceeds Change in Fair Market Value of Inv Miscellaneous Non-operating TOTAL REVENUES $0 $203,704 $226,638 $252,776 $275,710 $301,848 Net Income or Loss $0 $57,704 $78,358 $102,179 $122,759 $146,504 Depreciation Add-Back $0 $0 $0 $0 $0 I $0 2 . . . . . . . . . . . . . . 46 504.: j 801ta '.Oi6hitrib u ... h..' ..... ....... . ... .... O il :.:......:.:.:.:.:.. 00 4:::::'; Non Operating Expenditures Capital Outlay $160,790 $51,090 $85,370 $59,315 $73,270 Charged to other sources ($103,086) Non Operating Revenues Interest Earnings $0 $0 $0 $1,363 $2,272 $5,558 Total Net Effect on Fund Balance $0 $0 $27,268 $18,173 $65,716 $78,792 End of Year Cash & Investments $27,268rr Ir �445,441: , $111,156,. `1`189,948 For Information . Proposed Cash Balance Target .... :. ..il..:.:. n i; .:. -:-* I ::::::::: ......... 3 ...... ....... ...... ..... ........ ...... 4 5 : : de Parks, open space, & vacant per acre $6.00 $5.00 $5.50 $5.50 $6.00 Schools & govt buildings per acre $10.00 $10.00 $10.50 $10.50 $11.00 Commercial and industrial per acre $15.00 $15.00 $15.50 $15.50 $16,00 • • • Water Rate, 1995 -2006 Compared To Inflation $1.40 $1.30 $1.20 -A c $1.10 ♦' 0 0 $1.00 Q. $0.90 $0.80 - { ---�— Water Rates Inflation $0.70 $0.60 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Sanitary Sewer Rate, 1995 -2005 Compared to Inflation $58.00 $56.00 $54.00 Y 11 i $52.00 $50.00 �+ $48.00 m ' R CY $46.00 ♦ —♦— Sewer Rate $44.00 �• ,k Inflation 1r' $42.00 $40.00 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 • • • Storm Drainage Rate, 1995 -2005 Compared to Inflation $14.00 $12.00 $10.00 -- _ �- $8.00 m -- v m $6.00 y d L {Q ry� V $4.00 --� — Storm Rate - Inflation $2.00 $0.00 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2002 WATER UTILITY RATE SCHEDULE WHEREAS, it is a requirement of the Brooklyn Center City Charter that Brooklyn Center's municipal utilities be self - sustaining entities through revenue provided by a uniform schedule of rates, fees, and charges; and WHEREAS, City of Brooklyn Center Ordinances state, "The City Council shall adopt by resolution schedules of utility and service rates, fees, and charges which schedules shall be known as the Public Utilities Rate Schedule "; and WHEREAS, the Director of Public Works has reviewed the financial requirements of the Water Utility and has developed a recommended rate schedule. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following Water Utility Rate Schedule be adopted effective for all billings issued after January 1, 2002. • WATER UTILITY RATE SCHEDULE 1. WATER RATES BASE RATE AMOUNT PER YEAR 1,000 GALLONS 2001 $0.98 2002 Proposed $0.98 QUARTERLY MINIMUM RATE 2001 QUARTERLY 2002 PROPOSED METER SIZE MINIMUM CHARGE CHARGE 5/8" x 3/ " $ 7 Same 3/ " $ " 1" $14 " 1 -1/2" $18 " 2" $35 as 3 55 $70 " 4" $119 " 6" $273 " • 8" $515 ` 10" $686 " • RESOLUTION 2. FEES PRESENT PROPOSED Water Meters 5/8" x 3/4" $50.00 Same 3/4" or larger Cost plus $2.00 Same Fire protection inspection $50.00 Same Private fire hydrant maintenance Labor, materials, Same equipment and overhead 3. CHARGES PRESENT PROPOSED Delinquent account, quarterly Greater of $3.00 or 10% Same I Certification to taxes per account $30.00 Same • Restoration of Service $ 30.00 Same Monday to Friday (except Holidays) between the hours of 7:30 AM and 3:00 PM Restoration of Service $80.00 Same Saturday, Sunday and Holidays, and between the hours of 3:00 PM and 7:30 AM Monday to Friday Delinquent meter reading per account $2.00 1" quarter Same (per consecutive quarter) $4.00 2nd quarter $8.00 3" quarter $10.00 4' quarter Curb stop stand pipe repair $40.00 Same • • PRESENT PROPOSED Hydrant Meters 5/8" x 3 /a" $100.00 Same Deposit $ 1.00 " Daily rental $ 20.00 " Minimum rental 2-1/2' $700.00 Same Deposit $ 7.00 " Daily rental $100.00 " Monthly rental $ 35.00 " Minimum rental Water connection Established annually by Same resolution Date Mayor • ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member i and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2002 SANITARY SEWER UTILITY RATE SCHEDULE WHEREAS, it is a requirement of the Brooklyn Center City Charter that Brooklyn Center's municipal utilities be self - sustaining entities through revenue provided by a uniform schedule of rates, fees, and charges; and WHEREAS, City of Brooklyn Center Ordinances state, "The City Council shall adopt by resolution schedules of utility and service rates, fees, and charges which schedules shall be known as the Public Utilities Rate Schedule "; and WHEREAS, the Director of Public Works has reviewed the financial requirements of the Sanitary Sewer Utility and has developed a recommended rate schedule. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following Sanitary Sewer Utility Rate Schedule be adopted effective for all billings issued after January 1, 2002. SANITARY SEWER UTILITY RATE SCHEDULE 1. RATES QUARTERLY RESIDENTIAL RATES SINGLE SENIOR YEAR FAMILY APARTMENT CITIZEN 2001 $50.00 $35.00 $27.50 2002 Proposed $52.50 $36.70 $28.90 NON - RESIDENTIAL RATE PER 1,000 YEAR GALLONS 2001 $2.00 2002 Proposed $2.10 2. FEE PRESENT PROPOSED • SAC Charge Set by MCES Set by MCES • RESOLUTION 3. CHARGES PRESENT PROPOSED Delinquent account, quarterly Greater of $3.00 or 10% Same Certification to taxes per account $30.00 Same Line cleaning charge Labor, materials, equipment and overhead Same Sanitary sewer connection Established annually by Same resolution • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2002 STORM DRAINAGE UTILITY RATE SCHEDULE WHEREAS, it is a requirement of the Brooklyn Center City Charter that Brooklyn Center's municipal utilities be self - sustaining entities through revenue provided by a uniform schedule of rates, fees, and charges; and WHEREAS, City of Brooklyn Center Ordinances state, "The City Council shall adopt by resolution schedules of utility and service rates, fees, and charges which schedules shall be known as the Public Utilities Rate Schedule "; and WHEREAS, the Director of Public Works has reviewed the financial requirements of the Storm Drainage Utility and has developed a recommended rate schedule. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following schedule of Storm Drainage fees will be in effect • as of January 1, 2002: 1. RATES QUARTERLY RATES PER ACRE 2001 2002 BASE RATE $43.00 $46.00 1. Cemeteries, Golf Courses 10.75 11.50 2. Parks 21.50 23.00 3. Single Family, Duplex, Townhouse 10.75 /lot 11.50 /lot 4. Schools, Government Buildings 53.75 57.50 5. Multiple Family, Churches 129.00 138.00 6. Commercial and Industrial 215.00 230.00 7. Vacant Land As Assigned As Assigned • I RESOLUTION NO. 2. CHARGES PRESENT PROPOSED Delinquent account, quarterly Greater of $3.00 or 10% Same Certification to taxes per account $30.00 Same Private facility cleaning charge Labor, materials, equipment and overhead 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. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2002 RECYCLING RATES WHEREAS, the City of Brooklyn Center is a member of the Hennepin Recycling Group (HRG), which is a joint powers group formed pursuant to Minnesota Statutes, 1987, Section 471.59; and WHEREAS, the purpose of the joint powers agreement was to create an organization by which the member cities may jointly and cooperatively provide for the efficient and economical collection, recycling, and disposal of solid waste within and without their respective corporate boundaries, all in compliance with Minnesota Waste Management Act, Minnesota Statutes, 1987, Chapter 115A; and WHEREAS, the HRG has established a curbside recycling program for its member cities to meet the requirements of Hennepin County Ordinance No. 13, Solid Waste Source Separation for Hennepin County; and WHEREAS, Brooklyn Center Ordinance No. 89 -11 authorizes the City to establish rates for recycling services; and WHEREAS, the HRG has established a rate of $2.15 per month per household for • recycling services beginning January 1, 2002; and WHEREAS, the rates for recycling services established by the HRG reflect the amount needed to fund the City's curbside recycling program after the projected reimbursement of recycling program costs from Hennepin County. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the above described rates established by the HRG for recycling services are 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. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2002 STREET LIGHT SERVICE DISTRICT RATE SCHEDULE WHEREAS, City of Brooklyn Center Ordinances state, "The City Council shall adopt by resolution schedules of utility and service rates, fees, and charges which schedules shall be known as the Public Utilities Rate Schedule "; and WHEREAS, the Director of Public Works has reviewed the financial requirements of the Street Light Service District Fund and has developed a recommended rate schedule. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following schedule of street Light Service District charges will be in effect as of January 1, 2002: • 1. RATES QUARTERLY RATES 2002 Per Dwelling Unit: Single, Double, and Multiple Family Residential $3.00 Per Acre Parks $5.00 Schools, Government Buildings, Churches 10.00 Retail and Service - Office 15.00 Commercial and Industrial 15.00 Vacant Land & Open Space As Assigned • • RESOLUTION NO. 2. CHARGES PRESENT PROPOSED Delinquent account, quarterly Greater of $3.00 or 10% Same Certification to taxes per account $30.00 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. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2002 WATER AND SANITARY SEWER CONNECTION CHARGES WHEREAS, Sections 4 -201 and 4 -302 of the Brooklyn Center Ordinances requires property owners desiring to connect to the City s water or sanitary sewer system to pay a connection charge. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the water and sanitary sewer connection charges effective January 1, 2002 will be as follows: Land Use ( Area I Water Sewer Commercial /Industrial >5 Acres $10,000 $5,000 <5 Acres $5,000 $3,000 Retail/Office >5 Acres $5,000 $3,000 <5 Acres $3,000 $1,500 • I Multi Family >5 Acres $5,000 $3,000 <5 Acres $3,000 $1,500 Single Family Per connection $1,000 $500 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. 9e • MEMORANDUM DATE: November 7, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Recommendation from the Park and Recreation Commission Regarding a Soccer Field at Northport Park Previously, the Commission had recommended and the Council approved constructing a soccer field in the west side of Central Park as part of a general reorganization of the facilities. Subsequently staff has determined that while the reorganization still ;..„ made sense (and it has been ; t 1 . completed), constructing the soccer a, :. Proposed soccer field field would require regrading a large W art to r . e p provide for proper drainage in this peat -y area. Staff p art of the was also concerned that even though the parking lot was expanded during -A- R neighborhood reconstruction that it 7 WIC was still fairly small and may not be able to accommodate enough cars generated by a soccer match., _ Northport S Looking elsewhere, staff had °ot ,� h France, T � already decided to move the general - Ave skating rink at Northport Park to make a soccer practice field. Taking a new look at Northport, if the t westerly of the two softball fields was eliminated, then a new soccer p� field could be constructed with little regrading required. Northport also has three parking lots within easy walking distance of the soccer field. Games are no longer regularly scheduled at the softball field proposed to be eliminated. With this change, a full size soccer field at Northport would be used for games, and a practice field at Central West for practices. Recommendation: Approve eliminating the west softball field and replacing it with a soccer field. Staff also recommends that the soccer field be irrigated to help promote healthy turf, at an • estimated cost of $10,000. A 2002 trail light project initially estimated at $50,000 has been reestimated at $35,000, so sufficient funds would be available in the CIP for 2002 to add this. • City Council Agenda Item No. 9f • MEMORANDUM DATE: November 7, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Recommendation from the Park and Recreation Commission Regarding Basketball Courts at Willow Lane Park and Central Park Several years ago, the tennis courts at Willow Lane Park were converted to basketball courts. They have become a gathering place for players who are finding it increasingly difficult to find full court basketball facilities. The players are often well behaved, but there have also been a number of incidents where the police were called in. The courts are immediately adjacent to some homes, and the residents are concerned about the increased level of activity. Staff has been looking for sites,: elsewhere for full court basketball. a With few sites to construct new - Willow ' facilities, staff suggested that the e£ Lane Park Park and Recreation Commission Basketball consider the future of the Central X 4 4 Courts Park tennis courts. The four courts ; are no longer used for tennis lessons, and the general use has =; greatly decreased. The courts are scheduled for rehabilitation in 2003, at an estimated cost of $90,000. z „ The Commission recommends that , the Council consider converting up'' F 40, to all four of the tennis courts to _ basketball courts. Staff has reviewed this recommendation and recommends that two of the four -- _ 69 ., tennis courts be converted to basketball courts, keeping two tennis courts. The courts would be resurfaced. With this maintenance, they would gain an additional ten years of useful life, and would not need major rehabilitation until about 2012, when a decision could be made whether to keep all four courts. Fence would be installed between the basketball and tennis courts. At Willow Lane Park, the fence and most of the existing bituminous basketball court would be removed, leaving a half court for neighborhood play. The estimated cost of this project is $15,000. Staff would also recommend that a • portable restroom be installed on a seasonal basis in the area of the new;' y ZZ Central Park basketball courts at Central, at an' estimated additional operating cost - Tennis of $500 annually. Recommendation: Approve the conversion of two tennis courts at Central to basketball courts, and elimination of basketball at Willow Lane except for a half court, for construction in 2002. This would reschedule the $90,000 Central Park tennis court full rehab project from M �F 2003 to 2012. The $15,000 a , expenditure in 2002 from the Capital Improvements Fund would then be in lieu of the $90,000'' expenditure in 2003. • • City Council Agenda Item No. 9g • MEMORANDUM DATE: November 7, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: Resolution Authorizing Development of a Contract in the Amount of $5,000 With The Brooklyn Center American Little League For Recreational Services For Brooklyn Center Youth The Brooklyn Center American Little League approached the Park and Recreation Commission requesting matching funds for a $5,000 grant application they had submitted to the Minnesota Twins. The funds would be used to make safety improvements to their facility south of Central Park West, including replacing backstops, improving fencing and dugouts, and constructing bullpens. This facility is privately owned by the Brooklyn Center American Little League. The Brooklyn Center National Little League plays at Lions Park through a long -term lease agreement with the city executed at the time Centerbrook Golf Course was constructed. At that time the Little • League owed the land that the City desired for the Centerbrook clubhouse. The Little League conveyed the land and in exchange the City constructed new facilities for them in Lions Park, and agreed that they could have first rights to use those facilities. The City and the Little League jointly maintain and make improvements to the facilities. The Commission agreed with the American Little League that the organization provides a valuable recreational service to the residents of the City, and that they are not on equal footing with the National Little League in terms of receiving assistance to provide recreational opportunities (although the City has provided technical services to the America Little League to help them deal with the scourge of Shingle Creek: settling outfields). The Commission recommends to the Council that it enter into a contract with the American Little League to provide recreational services to the youth of Brooklyn Center in the amount of $5,000, which will assist them in making the stated improvements to their facilities. At the time the presentation was made to the Commission, the American Little league had not yet heard back from the Twins as to its grant application. I have subsequently learned that the organization has received $2,000 of the $5,000 requested from the Twins, and thus has to match only $2,000. However, the estimated cost of the improvements is $13,000. Staff recommends that the Council contract for the full $5,000 recommended by the Commission. The appropriation would be made from the Capital Improvements Fund, paid for from the "savings" generated by replacing the Central Park tennis court rehab project with the less costly basketball court conversion project. Recommendation: A resolution authorizing a contract in the amount • of $5,000 with the Brooklyn Center American Little League for the purpose of providing recreational opportunities for Brooklyn Center Youth is attached for Council consideration. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING DEVELOPMENT OF A CONTRACT IN THE AMOUNT OF $5,000 WITH THE BROOKLYN CENTER AMERICAN LITTLE LEAGUE FOR RECREATIONAL SERVICES FOR BROOKLYN CENTER YOUTH WHEREAS, the Brooklyn Center American Little League desires to make certain safety improvements to its facilities at 6030 Vincent Avenue North at an estimated cost of $13,000; and WHEREAS, the Brooklyn Center American Little League has received a grant of $2,000 from the Minnesota Twins professional baseball organization; and WHEREAS, the Brooklyn Center American Little League has requested assistance from the City of Brooklyn Center in continuing to provide recreational services to Brooklyn Center youth by assisting with the cost of these safety improvements; and • WHEREAS the Pa and R Commission ha the Bro kl Park Recreation s found that n o y Center American Little League provides a valuable recreational service to the residents of Brooklyn Center at no cost to the taxpayers. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1. The City Attorney is hereby authorized and directed to develop a contract with the Brooklyn Center American Little League in the amount of $5,000 to provide recreational services to Brooklyn Center youth. 2. The Mayor and City Manager are hereby authorized and directed to execute said contract. • I • 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. • • City Council Agenda Item No. 9h Member introduced the following resolution and moved its O adoption: RESOLUTION NO. RESOLUTION APPROVING CONTRACT WITH MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION LOCAL NO. 320 FOR THE CALENDAR YEARS 2001 AND 2002 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City has negotiated in good faith with the Minnesota Teamsters Public and Law Enforcement Employees' Union Local No. 320 for a contract for the years 2001 and 2002 as attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and the City Manager to execute a contract with Teamsters Local 320 effective January 1, 2001 through December 31, 2002. BE IT FURTHER RESOLVED that authorized wage and benefit adjustments shall become effective according to the schedule of the agreement which commences January 1, 2001. • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • LA� 9 AGREE t between CITY OF BROOKLYN CENTER and MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 �a ea pTNEgN pO 4 +a.m A REPRESENTING DEPARTMENT HEADS & CAPTAINS Effective January 1, 2001 through December 31, 2002 r TABLE OF CONTENTS ARTICLE PAGE I Purpose of Agreement 1 II Recognition 1 Definitions 1 IV Employer Authority I V Union Security 2 VI Employee Rights — Grievance Procedure 2 VII Savings Clause 4 VIII Discipline 5 IX Salaries 5 • X Sick Leave 5 XI Jury Duty /Court Appearance 6 XII Layoffs 6 XIH Holidays 7 XIV Vacation 7 XV Insurance g XVI Leave Without Pay g XVII Mileage Reimbursement/Car Allowance 8 XVIII Retirement Paid Health Insurance 9 XIX Waiver 9 XX Post License Fees 9 XXI Uniforms 9 XXII False Arrest Insurance 9 XX Duration 10 Appendix A 1 I • ARTICLE I. PURPOSE OF AGREEMENT • This Agreement is made and entered into between the City of Brooklyn Center, hereinafter called the "EMPLOYER', and the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320, hereinafter referred to as the "UNION ". The parties hereto agree as follows: It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes regarding the interpretation and/or application of the provisions set forth in this Agreement; and 1.2 Express in written form an Agreement between the parties on terms and conditions of employment for the duration of the Agreement. ARTICLE II. RECOGNITION 2.1 The Employer recognizes the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320 as the exclusive representative, of all public employees who are within the meaning ofMinnesota State Statute, Section 179A.03, Subdivision 14, for licensed Department Head and Captains. 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new job class, the issue shall be submitted to the Bureau of Mediation • Services for determination. ARTICLE III. DEFINITIONS 3.1 UNION: Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 3.2 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 EMPLOYER: The City of Brooklyn Center. 3.5 PROBATIONARY PERIOD: Employees hired on or after January 1, 1996 shall serve a probationary period of twelve (12) months from the date of hire. Probationary employees may use sick leave in accordance with Article X, and may use vacation after six months. Probationary employees may be terminated at the sole discretion of the Employer. ARTICLE IV. EMPLOYER AUTHORITY 4.1 The Employer retains the full and unrestricted right to operate and manage all personnel, • facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational 1 structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial functions not specifically limited by this Agreement. s 4.2 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 V. UNION SECURITY 5.1 The Employer shall deduct from the wages of employees who authorize such deduction in writing an amount necessary to cover monthly Union dues or a "fair share" deduction as provided by Minnesota State Statute 179A.06, Subd. 3, if the employee elects not to become a member of the Union. Such monies shall be remitted as directed by the Union. 5.2 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. 5.3 The Employer shall make space available on the employee bulletin board for posting Union notices and announcements. 5.4 Union Steward. The Employer agrees that the employee designated Steward under article 6.2 of this Agreement shall be allowed a reasonable amount of duty time annually to attend • to Union matters as designated by the Union in addition to the other Steward activities as provided for in this Agreement. 5.5 Identified Business Agents of the Union shall have the right to enter the facilities of the Employer so long as said visits do not interfere with the job duties and responsibilities of an Employee. 5.6 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 VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 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. 6.2 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. This Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so designated, as provided by Section 6.2 of this Agreement. • 6.3 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 2 duties and responsibilities of the employee 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 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 of the Employer. 6.4 PROCEDURE: Grievances as defined in Section 6.1 shall be resolved in conformance with the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within ten (10) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer - designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer - designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. • Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer - designated Step 2 Representative. The Employer - designated Representative shall give the Union the Employer's 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 answer in Step 2. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived Step 2a . If a grievance is not resolved at Step 2 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 3 of the grievance procedure. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days of mediation shall be considered waived. Step 3 . A grievance unresolved in Step 2a and appealed to Step 3 by the Union shall be submitted to Arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances," as established by the Bureau of Mediation Services. 6.5 A.RBITRATOR'S �iUi'iRiTY: a. The Arbitrator shall not have the 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 3 and the Union and shall have no authority to make a decision on any other issue not so submitted. O 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 (3 0) days following the 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 the 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. 6.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived ". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the 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. 6.7 CHOICE OF REMEDY: If, as a result of the Employer response in Step 2, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 3 of Article VI or a procedure such as Civil Service, Veterans Preference of Fair Employment. If appealed to any procedure other than Step 3 of Article VI, the grievance is not subject to the arbitration procedure as provided in Step 3 of Article VI. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 3 of Article VI or another appeal procedure, and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 3 of Article VI. ARTICLE VII. SAVINGS CLAUSE 7.1 In the event any provision of this Agreement shall be held to be contrary to law by a court of competition jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be void. 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. • 4 ARTICLE VIII. DISCIPLINE • 8.1 The Employer will discipline employees who have completed the required probationary period only for just cause: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge 8.2 Suspension, demotions and discharges will be in written form. 8.3 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. 8.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer. 8.5 Discharges of non - veterans will be preceded by a five (5) day suspension without pay. 8.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has had an opportunity to have a Union representative present at such • questioning. 8.7 Grievances relating to this Article shall be initiated by the Union in Step 2 of the Grievance Procedure under Article VI. ARTICLE IX. SALARIES 9.1 Employees shall be paid in accordance with the attached salary pay schedules marked Appendix A (Salary). 9.2 The starting salary, sick leave and vacation shall be anywhere within the pay range for new hires with experience. ARTICLE X. SICK LEAVE 10.1 Eligibility. Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight hours for each calendar month of full -time service or major fraction thereof. 10.2 Usage. 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 • child 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, aunts, uncles, nieces, 5 nephews, grandparents, grandparents -in -law, and grandchildren of the employee. 10.3 Accrual: Sick leave shall accrue at the rate of eight (8) hours per month until 960 hours have been accumulated. After 960 hours have been accumulated, sick leave shall accrue at the rate of four hours per month, and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two hours per month. Employees using earned vacation leave 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 during sick leave. 10.4 Upon layoff from the City, full -time employee would receive 33% of accumulated sick leave at current pay rate. Upon retirement from the City, full-time employee would receive 33% of accumulated sick leave at his/her current rate of pay. 10.5 Procedure: In order to be eligible for sick leave with pay employees must: a. Notify their superior prior to the time set for the beginning of their normal work day. b. Keep their superior informed of their condition. C. Furnish a statement from a medical practioner upon the request of the Employer. 10.6 Misuse Prohibited. Employees claiming sick leave when medically fit, except as otherwise specifically authorized in Section 10.2 shall be subject to disciplinary action up to and including discharge. • ARTICLE M. JURY DUTY /COURT APPEARANCE 11.1 Employees summoned for jury duty or subpoenaed to testify in court on behalf of the Employer shall receive an amount of compensation which will equal the difference between the employee's regular pay and jury duty or witness fee compensation received. ARTICLE XII. LAYOFFS 12.1 Employees who are employed in a full -time capacity as a benefits earning employee with the City of Brooklyn Center at the time of their layoff and who will not be re- employed by the City of Brooklyn Center in another full-time position will qualify for the Severance Benefits for Laid -Off Employees Program. Employees participate in this program on a voluntary basis. 12.2 After sixty (60) calendar days prior written notice, the City Manager may lay -off permanent employees because of shortage of work or funds, abolition of positions, or other reasons outside the employee's control which do not reflect discredit on the service of the employee. Employees laid off will receive compensation equal to 25% of the last approved annual salary. • 6 i ARTICLE XIII. HOLIDAYS • 13.1 The holidays shall be as follows: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Floating Holiday Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day Floater Holiday . 13.2 The scheduling of a floating holiday is subject to prior approval of the employee's supervisor. The floating holiday must betaken within the calendar year and shall not carry over from year to year. 13.3 When New Year's Day, Independence Day, Veteran's Day, or Christmas Day falls on Sunday, the following day shall be observed as a holiday. When they fall on Saturday, the preceding day shall be observed as a holiday. Employees absent from work on the day following or the day preceding such a three -day holiday weekend without the express authorization of the Employer shall forfeit rights to holiday pay for that holiday. 13.4 To be eligible for holiday pay, employees must have been on paid status on the day before and the day after the holiday. Paid status includes paid vacation or other paid leave for which the employee received prior approval. 13.5 An employee shall have the option to work a holiday in exchange for a floater holiday with the approval of the City Manager. ARTICLE XIV.VACATION 14.1 Amount: Permanent employees shall earn vacation leave at a rate of 6.67 hours for each calendar month of full -time service or major fraction thereof. Permanent employees with five consecutive years of service through ten consecutive years of service shall earn vacation at the rate of 120 hours per year. Permanent employees with more than ten consecutive years of service shall earn vacation leave according to the following schedule: During 11' year of service 128 hours per year During 12' year of service 136 hours per year During 13' year of service 144 hours per year During 14' year of service 152 hours per year During 15' year of service 160 hours per year Employees using earned vacation leave or sick leave shall be considered to be working for purposes of accumulating additional vacation leave. 14.2 Usage. Vacation leave may be used as earned, except that the Employer shall approve the • time at which the vacation leave may be taken. 7 14.3 Vacation begins accumulating in accordance with date of hire. Vacation accumulation, including the current vacation earned from year to year, may not exceed a total • accumulation equal to one and one -half times the number of hours the employee is currently earning in one year. The total number of vacation hours accrued may not exceed 230 hours, except where approved in writing by the City Manager. ARTICLE XV. INSURANCE 15.1 Effective 1 /l /01, the City will contribute payment of four hundred and fifty dollars ($450) per month per employee for use in the Employer's Cafeteria Benefit Plan. 15.2 Effective 1/1/02, the City will contribute payment of four hundred and seventy dollars ($470) per month per employee for use in the Employer's Cafeteria Plan 15.3 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_ ARTICLE XVI. LEAVE WITHOUT PAY 16.1 Leaves of absence without pay may be granted by the City Manager where the best interest of the City will not be harmed. Such leaves shall not exceed periods of ninety (90) calendar days unless based on disability or other good reasons. Vacation and sick leave • benefits shall not accrue during periods of leaves of absence without pay. 16.2 Employees are obligated to return to work on the first work day following the period of approved leave unless prior approval for an extension of the leave has been granted by the Employer. 16.3 All City contributions toward employee leave accruals and insurance coverage will cease for non - medical leaves without pay. Insurance benefits will continue if fully subsidized by the employee except that the City Manager may authorize the continuation of the City's contribution for employee insurance premiums during a leave of absence for medical reasons. If the employee chooses not to continue insurance coverage during a non - medical leave of a o e absence upon return the insurance coverage will start the first day of the month following thirty days of re- employment. ARTICLE XVII. MILEAGE REIldBURSEM ENT /CAR ALLOWANCE 17.1 Employees of the City who are required to drive a City vehicle to their home and keep it there while off duty to respond to emergency situations cannot use City vehicles for personal use. The Chief of Police and Police Captains are authorized to keep a City vehicle at their home on a regular basis, provided the home is located within a 25 mile radius of the City of Brooklyn Center. • 8 ARTICLE XVIII. RETIREMENT PAID HEALTH INSURANCE 18.1 The Employer shall provide to members of this bar gainin g unit the same contribution the • Employer provides for other City employees. ARTICLE XIM WAIVER 19.1 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. 19.2 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 terms or conditions 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 parties at the time this contract was negotiated or executed. ARTICLE XX. POST LICENSE FEES • 20.1 The Employer shall be pay up to $90 for the cost of POST license fees for all employees requiring such license during each license period. ARTICLE= UNIFORMS 21.1 The Employer shall provide required uniform and equipment items. In addition, the Employer shall pay a maintenance allowance of $100.00 per year and a clothing allowance of $500.00 per year. ARTICLE XXII. 'FALSE ARREST INSURANCE 22.1 The City of Brooklyn Center maintains liability ce that includes a provision for unlawfully detaining an individual when an employee is acting within the scope of their duties on behalf of the City of Brooklyn Center. • 9 - ARTICLE ,II. 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, 2002. In the event a new Agreement is not in effect January 1, 2003, all compensation, working conditions and benefits shall remain in effect as set forth in this Agreement until a successor Agreement is effected. IN VTITNESS THERETO, the parties have caused this AGREEMENT to be executed this day of 2001 FOR TEE CITY OF FOR LAW ENFORCEMENT BROOKLYN CENTER TEAMSTERS LOCAL . #320 Mayor B Agent g City Manager Union Steward 10 APPENDIX A • MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 SALARY SCHEDULE — 2001 & 2002 2001 Chief of Police: $66,209 — no maximum Police Captain: St_ ep A Step B Step C Step D Step E Step F Step G $4866 $5108 $5363 $5497 $5635 $5776 $5920 2002 Chief of Police: $69,188 — no maximum Police Captain: S Step A Step B Step C Step D Step E Step F Step G $5085 $5338 $5604 $5744 $5889 $6036 $6186 • 11 • City Council Agenda Item No. 9i Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: November 8, 2001 SUBJECT: Resolution Expressing Recognition for and Appreciation of Fair Oaks Elementary School for Participating in the Random Acts of Kindness Program The Brooklyn Center City Council recognized and presented certificates to nominees for Random Acts of Kindness at its October 22, 2001, meeting. On October 29, 2001, Fair Oaks Elementary School nominated four classrooms for Random Acts of Kindness. Each classroom participated with a peace paper chain. The paper chains are displayed on the Random Acts of Kindness board at City Hall. Attached is the nomination letter and a summary of the paper chains that were submitted. Also attached is a resolution that recognizes the submittal of the nominations and also directs staff to prepare certificates recognizing the Random Acts of Kindness. 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 District mz 4r7c FAIR OAKS ELEMENTARY SCHOOL 5600 65th Avenue North Brooklyn Park, Minnesota 55429 -2096 OSSEO AREA SCHOOLS Dr. Dean L. Refiners, Principal Telephone: (763) 533 -2246 "Fair Oaks Elementary—a community of families, students, and staff dedicated to social and academic excellence. " October 29, 2001 The attached peace .chains we made by the following Fair Oaks Elementary Classrooms as part of Brooklyn Centers Random Acts of Kindness Program: Grade 2 Ms. Simon Grade 2 Ms. Westrum Grade 5 Mr. Neubauer Grade 5 Mr. Spindler Sin �� %C6G fL �U �Ki ✓cCi Dean L. Reiners, ED.D. • • INDEPENDENT SCHOOL DISTRICT 279 Dr. L. Chris Richardson, Superintendent of Schools '""�— - Oaks Ele m ent j r ., �r a , Ms. Simon 2 " Grade Students Ms. Westrum 2 " Grade Students Mr. Neubauer 5 Grade Students Mr. Spindler 5 Grade Students Sherita: I am going to help rake the leaves. Frank: Today is nice and sunny. • Nina: I help my mom with my laundry and cooking. Sheryl: I help my mom wash the dishes and clean up her room. Laura: I am going to Illinois. Alla: I helped my sister clean her room. Ashley: I helped my sister clean her room. Suetlana: I helped my mom clean the house. Ikee: When I was at the store and I wanted to buy something but didn't have enough money a person behind me bought it for me. John: I am going to ask Frank to come over for a sleep over. Julia: I helped my sister. Katelsn: I watched my friend's dog while they were on vacation. Travis: I'm glad that I said thanks to the lunch. • Erika: I bought some flowers for my aunt. • Travis: I am glad that I love my parents. Hector: I like helping my mom at home and helping other kids. Jazzy: I helped my sister tie her shoes. Kiersten: I helped my friend carry her stuff to the bus stop. Jeff: I was kind when I helped my buddy. Brandon: I helped a friend beat a video game. Unknown: • I helped my mom clean the living room. • I bring my homework back from home when my teacher tells me to. • When I dropped my books someone helped me pick them up. • I am going to play with my friends. • I played with my friend Marcus. • I did not have a pencil and my buddy gave me one. • When I was in second grade there was a second grader being quit and he was a good • person. • I had breakfast and buddy class. • Yesterday I had ice cream and tomorrow maybe I get to go to Target • Me and my buddy are going to clean my desk. • I cleaned my sister's room. • I helped my mom clean the house. • I helped my friend with her homework. • I helped my brother do his homework. • I am going to take my cat outside. • I helped my friend with his homework. • I helped my sister clean her room. • I helped my brother with his clothes. • I will buy Burger King for my brother, mom, and dad. • I helped my dad. • I am going to help my mom clean the house. • I helped my mom clean the house. • I helped my kindergarten buddy get to her bus when she was crying. • I helped my brother find my puppy. • I was kind when I picked up trash. • I helped my mom with the trash. • I mowed the lawn. • • I helped my friend make a play station. • I helped my Aunt move. • • I helped my kindergarten buddy to the bus. • I listen to my parents. • I was kind when I helped. • I was a nice girl when I had my book. • I was kind to let my sister sit in the front of the car. • I was kind when I said please to my mom and helped my little sister get in for dad. • I hugged my buddy. • I put away the silverware. • I am glad I said thank you to God. • I like helping my mom at home and helping other kids. • 1 helped my brother with his math. • I like to help people. • I like when I help find my dog. • I helped my mom with cooking. • I was kind when I helped my second grade buddy. • I was kind when I helped my sister hide her keys. • I helped my teacher with her stuff. • I was kind when I helped my buddy. • I said thank you for my food. • I was a nice girl. • 1 help somebody get on the horse. • • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION FOR AND APPRECIATION OF FAIR OAKS ELEMENTARY SCHOOL FOR PARTICIPATING IN THE RANDOM ACTS OF KINDNESS PROGRAM WHEREAS, the City of Brooklyn Center conducted the Random Acts of Kindness celebration during Cities Week, October 7 through 13, 2001; and WHEREAS, the Brooklyn Center City Council recognized and presented certificates to the nominees at its October 22, 2001, meeting; and WHEREAS, four classrooms from Fair Oaks Elementary School submitted nominations for Random Acts of Kindness on October 29, 2001 and WHEREAS, it is appropriate to recognize the Random Acts of Kindness that help make our community a wonderful place to live and work. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center that staff is directed to prepare certificates recognizing the Random Acts of Kindness of the four classrooms from Fair Oaks Elementary School. 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. •