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HomeMy WebLinkAbout2000 02-28 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION February 28, 2000 6:00 P.M. CONFERENCE ROOM B 1. Discussion with Metricom representative regarding proposed agreement 2. City Council discussion of agenda items and questions. 3. Discussion of Draft March 6, 2000 Work Session Agenda 4. North Metro Mayors legislative request 5. Miscellaneous 6. Adjourn City of Brooklyn Center A great place to start. A great place to stay. j, To: Mayor Kragness and C cil Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: February 24, 2000 - Re: Draft March 6, 2000 Agenda I had anticipated using the March 6th work session exclusively for the visioning project, but there a number of work session issues to cover. I have attached a Draft Agenda for March 6th for discussion to see if there are any other issues that should be addressed at that meeting. Attached also is the draft resolution on legal services. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer DRAFT AGENDA CITY COUNCIL WORK SESSION March 6, 2000 6:00 P.M. CONFERENCE ROOM B 1. Discussion of proposed E -mail and voice mail policies 2. Discussion of brochure from The Minneapolis Foundation 3. Discussion of Community Presentations/Outreach 4. Discussion of meeting with commission chairs on March 20th 5. Review of draft resolution on civil legal services 6. Discussion of visioning project 7. Miscellaneous 8. Adjourn Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING GOALS RE- APPOINTING KENNEDY & GRAVEN AS CITY ATTORNEY FOR GENERAL CIVIL REPRESENTATION WHEREAS, the City Council, pursuant to its policy of reviewing certain professional services on a periodic basis, has reviewed proposals for the provision of general civil legal services to the City; and WHEREAS, that review has included an interview process; and WHEREAS, the City Council has determined that it would be appropriate to re- appoint the law firm of Kennedy & Graven as City Attorney, with primary responsibility for the provision of such services to be vested in Charlie LeFevere of the law firm of Kennedy & Graven; and WHEREAS, the City Council wishes to delineate the general services to be provided and to provide for a review of civil legal services in 2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. The law firm of Kennedy & Graven is re- appointed as City Attorney for the City of Brooklyn Center. 2. The City Council will review civil legal services in March of 2001 and the City Manager is hereby directed to place a review of civil legal services on a meeting agenda in March of 2001. The City Manager shall also survey department heads regarding the provision of civil legal services prior to the March 2001 review by the City Council. 3. The appointment of Kennedy & Graven to provide general legal services will generally involve attendance at City Council meetings, drafting of ordinances, legal opinions, and resolutions as requested, legal assistance for routine planning and zoning matters, routine public works contracts, special assessments and advice, general municipal legal advice on routine matters such as data practices, open meeting law, municipal contracts, and routine legal assistance on water, sewer, and storm sewer matters, and pension law. 4. The City Manager is hereby authorized to obtain specialized legal services where it would be deemed in the City's best interests to secure specialized services. If the specialized services are requested from Kennedy & Graven, no special approval of the City Council shall be required. If the specialized legal services from a firm other than Kennedy & Graven or Briggs & Morgan are anticipated to exceed $10,000, the City Manager shall request approval from the City Council before exceeding the sum of $10,000. 5. The City Manager shall report to the City Council in March of 2001 regarding the use of specialized legal services and an evaluation of its efficacy. RESOLUTION NO. 6. The law firm of Briggs & Morgan shall continue to serve as the City's bond counsel and to provide legal advice and representation on redevelopment and development matters. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley, City Manager Date: February 24, 2000 Re: North Metro Mayors Legislative Request Attached is a copy of a request to send a letter to our legislative delegation. I would like to discuss this with the Council. One part of the recommended letter and the North Metro Mayor's platform relates to fiscal disparities. Brooklyn Center is one of perhaps 2 cities in the Association that have historically been net contributors to fiscal disparities. You may recall that last year we attempted to remove the fiscal disparities penalty from the Joslyn development, but were unsuccessful. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer . '".: S ";,...... .wu.v......x.. -x www�wwNrp4yXU >e.wvunuL.W4�«..lr.a xeuM. W.. WUWWmmMrwuuewwYWAYW. W. YIMu .w;mm�mwwmw»cmo+ruw.wrmxmwrm.r wnrawnw««wxew r ».w .mna+m.avm,w,a«.ux+uen fV ael McCau e - Legislative Issues Page 1 From: <Smgillis @aol.com> To: <Anoka @winternet.com >, <rfraser @ci.blaine.mn.us >, <tryan @ci.blaine.mn.us >, <mmccauley @ci.brooklyn- center.mn.us >, <curtb @ci.brooklyn- park.mn.us >, <Garbogast@earthlin k. net>, <government. services@cityhall. ci. champlin. mn. us>, <Jkeinath @compuserv6.com >, <LOSBUN @aol.com >, <mail @ci.coon- rapids.mn.us >, <anorris@ci. crystal. mn. us>, <amadsen @ci. maple-g rove. mn. us>, <rburling @ci.maple- grove.mn.us >, < paul .ostrow @ci.minneapolis.mn.us >, < william .bamhart@ci.minneapolis.mn.us >, <chuckw @rcmnet.org >, <DanC @isd.net >, <mfulto @ci.new- brighton.mn.us >, <ddonahue @ci.new- hope.mn.us >, <jolsen @ci.oak- grove.mn.us >, <Jnorman @ci.ramsey.mn.us >, <dkraft @ci.robbinsdale.mn.us >, <Jdstrauss @aol.com >, <Nellie282 @aol.com >, <MEL5501 @aol.com >, <nancy.reeves @cwix.com >, <GBotzek @aol.com >, <LBOTZEK @aol.com >, <Smgillis @aol.com> Date: 2/14/00 2:21 PM Subject: Legislative Issues NORTH METRO MAYORS ASSOCIATION MEMORANDUM TO: CITY MAYOR CITY MANAGER/ADMINISTRATOR FROM: SARAH EPPARD DATE: 02/14/00 1 am asking for your assistance in communicating our legislative issues with our Legislators. The Association has compiled an impressive packet that needs to be shared with them. Respectfully request you consider sending the attached letter to your Legislators. (Please feel free to modify it as you see fit.) And include with it a copy of the NMMA Legislative Packet - there should be an adequate number for your mailing. Suggest that you send this correspondence within the next week to 10 days. I think that our message is better received if coming directly from our member cities. So therefore, I am making a similar request of a few other NMMA member cities. And for those of you with email, I have asked Sue to email the attached letter to your attention on Monday. This may help in the production of this mailing. Thank you for your help! Please contact me (612/493 -5115) if you have any questions. February 1, 2000 4 Legislator Address Address Dear LEGISLATOR: Our city would like to share with you issues the North Metro Mayors Association has outlined in their legislative agenda for 2000. These issues are critical to our community as well as the entire North Metro region. I icha Mc Caurey -aegis at vi a Attached for your benefit is the packet of six charts and graphs, compiled by the Association. Our primary message is that local governments want the freedom and flexibility to be able to provide core services to their residents, without state intervention. And we suggest that the Legislature respond to this request by removing levy limits, modifying the LGA formula, and protecting fiscal disparities. Please be assured that local governments are very careful with every dollar they spend; they do not spend money 'like drunken sailors,' as one legislator put it last session. We, like other levels of government, have large and often growing needs for services for which we must pay. Revenues from levies, local government aids and fiscal disparities are critical sources of funding revenue for the vast majority of NMMA members. In many cases, these revenues comprise between 25 -50% of the revenue stream used to finance the costs of basic services. Our belief is that local governments need the unfiltered ability to provide local services. With the aid of residents, local government can effectively and efficiently make spending decisions that meet community need. We respectfully suggest that the Legislature respond to the above as follows: 1. Remove levy limits imposed on the cities 2. Modify the LGA formula 3. Oppose any efforts to weaken or abolish Fiscal Disparities 4. Oppose any more unfunded mandates on local government 5. Remove the sales tax on local government purchases In considering the above financial issues dealing with cities, we submit some of the fundamentals that cities have to deal with on the revenue side of their budgets. A. Local elected officials have to stand before the electorate for their decisions, no different than members of the legislature. B. Local governments carefully develop budgets with input from residents to provide for the needs of the community and must respond to state and federal mandates. C. For the vast majority of North Metro Mayors Association's cities, local government aids and fiscal disparities are critical elements of their revenue stream along with the local property tax levy. D. In many cases cities with little or no growth, along with a low tax base, local government aids and fiscal disparities comprise nearly 50% of the revenue stream used to finance basic services such as Public Safety, Street Maintenance, Parks, Recreation, etc. Attached also find a Position Paper regarding levy limits that sets forth some of the severe issues facing a number of NMMA member communities. Feel free to contact me and /or Joseph Strauss, Executive Vice President of the North Metro Mayors Association (612/493- 5115), to discuss the Association's Legislative Agenda in more detail. Thank you for your commitment to our community and the North Metro area. Please feel free to call upon me and /or the Association if we can be any assistance to you as you work through this Session. We look forward to �i6 aelMcCauley - Leg s a ivt a Issue ... ... y ... ......... ... ........._ _..,..,,. ....... ..,,..age . working with you now and into the future. Sincerely, Mayor /City Manager Enclosure North Metro Mayors Association LEVY LIMIT POSITION PAPER February 2000 Problem:. North Metro Mayors Association member communities with no growth or stagnet and low tax base can not meet the needs of its citizens under the present levy limit law. (Please refer to page 3 of the enclosed Legislative Packet.) Examples of cities that need some flexibility: YOUR COMMUNITY example: xxxxxxxxx xxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxx xx xxx xxx xxxxxxxxx xxxxxxxx xxxxxxxxxxxx xxx xxxx xxxxxxxxxxxxxxx x xxxxxxxxxxxxxxx. ROBBINSDALE: Due to the financial constraints of levy limits, the city of Robbinsdale is being forced to shut down their community center (effective 2/00), eliminate a city inspector (12131/99) and an assistant planner (12/31/99). Additionally, should a police officer retire the city has been directed not to fill the vacancy. These limits punish the citizens of Robbinsdale by restricting the services offered, and additionally impacts the citizens as it causes the city to defer items which will be paid for at a higher cost later. CIRCLE PINES: Levy limits preclude the city from raising revenues for the increased funding needs of additional police officers. The city has entered into a joint powers agreement with 2 neighboring communities for police protection, as it provides the most cost - effective means of providing protection. Due to community growth, resulting in increased crime, additional police officers were hired to meet demand. Circle Pines is the only community in the joint powers agreement that has levy limits, and as a result there is a direct inequity to Circle Pines' residents because they have to give up services in order to meet the policing needs of the area. Solution Options: 1. Remove levy limits all together 2. Remove levy limits for five years and monitor the results - This could be a way to give local governments enough time to do the things they need, rather than having to make up for all the deferred services in just 1 or 2 years 3. Adjust limits so that the levy is allowed to produce more revenue ** REVISED ** CITY COUNCIL MEETING City of Brooklyn Center February 28, 2000 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation - 7 p.m. - Sister Ann Marie Emon, St. Alphonsus Church 3. Call to Order Regular Business Meeting 4. Roll Call 5. Council Report 6. Presentations a. Courtney Bednarz and Laurie Reasoner Regarding 2000 Census Preparation Activities 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. February 14, 2000 - Study Session 2. February 14, 2000 - Regular Session b. Licenses . ** REVISED ** CITY COUNCIL AGENDA -2- February 28, 2000 C. Approval of Applications - Exemption from Lawful Gambling License (Raffle Application) - North Hennepin Community College Foundation on April 28, 2000, at the Earle Brown Heritage Center - Exemption from Lawful Gambling License (Raffle Application) - Minnesota Waterfowl Association (Metro Chapter) on August 24, 2000, at the Minneapolis North Hilton - Exemption from Lawful Gambling License (Raffle Application) - Delta Waterfowl Association on April 20, 2000, at the Minneapolis North Hilton d. Resolution Approving Change Order Nos. 1 and 2, Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1998 -29, Earle Brown Heritage Center Parking Lot e. Resolution Authorizing the Purchase of One Articulating Aerial Device for the 2000 Freightliner Bucket Truck 8. Public Hearings a. Resolution Ordering Improvements and Authorizing Development of Plans and Specifications, Improvement Project Nos. 2000 -01, 02, and 03, Garden City Central Street, Storm Drainage, and Utility Improvements - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Select Option on Storm Water. - Motion to adopt resolution. b. Resolution Ordering Improvements and Authorizing Development of Plans and Specifications, Improvement Project Nos. 2000 -04, 05, and 06, 73rd Avenue, Humboldt Avenue to Camden, Street, Storm Drainage, and Utility Improvements - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. ** REVISED ** CITY COUNCIL AGENDA -3- February 28, 2000 9. Council Consideration Items a. Resolution Authorizing Execution of an Agreement with Metricom Inc. to Allow Siting of Wireless Telecommunications Devices in City Right of Way -Requested Council Action: - Motion to adopt resolution. b. Report from January 6, 2000, City Council Workshop with Carl Neu - Requested Council Action: - Receive and accept report. C. Report from Housing Commission - Requested Council Action: - Accept report and provide direction. d. Resolution Rescinding Authorization to Engage the Services of an Architect - Requested Council Action: - Motion to adopt resolution. e. Resolution Adopting Updated Personnel Rules and Regulations - Requested Council Action: - Motion to adopt resolution. f. Report on Highway 100 Update and Resolution Authorizing Participation with the City of Robbinsdale in Engaging the Services of TKDA Engineers to Perform Engineering and Related Analysis of Phase 4 of the Highway 100 Project - Requested Council Action: - Motion to adopt resolution. g. Letter of Opposition for House File No. 2372 Requested Council Action: - Council discuss and direction. h. Resolution Approving Change Order No. 1, Shingle Creek Regional Pond - Minneapolis Portion - Requested Council Action: - Motion to adopt resolution. 10. Adjournment City Council Agenda Item No. 7a i • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION FEBRUARY 14, 2000 CONFERENCE ROOM B CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in study session and was called to order by Mayor Pro Tern Debra Hilstrom at 6:00 p.m. ROLL CALL Mayor Pro Tern Debra Hilstrom, Councilmembers Kay Lasman, Ed Nelson, and Robert Peppe. Mayor Myrna Kragness was absent and excused. City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Recording Secretary Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed agenda items 8a, Resolution Adopting a Comprehensive Plan for the City of • Brooklyn Center, and 8e, Resolution Supporting Equitable Federal Policy on Internet Sales Taxes. DISCUSSION OF CARL NEU'S SUMMARY OF JANUARY 6, 2000, COUNCIL WORKSHOP City Manager Michael McCauley asked the Council if there were changes or corrections to the summary prepared by Carl Neu. There were no comments from the Council. Mr. McCauley will put this item on the next regular agenda for Council to formally receive report. DISCUSSION OF 4d LEGISLATION Mr. McCauley discussed the 4d Legislation. COMMISSION CHAIR MEETING Mr. McCauley asked the Council if the letter included in the materials was suitable. • 02/14/00 -1- DRAFT It was the consensus of the Council that the letter was acceptable; however, it should be signed by Mayor Kragness. MISCELLANEOUS Mr. McCauley discussed a letter he had prepared in regards to PERA to the Association of Metropolitan Municipalities. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn the study session at 6:49 p.m. Motion passed unanimously. City Clerk Mayor • 02/14/00 -2- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL F BR T is OF THE CITY O BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 14, 2000 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum at 6:49 p.m. ROLL CALL Mayor Pro Tem Debra Hilstrom, Councilmembers Kay Lasman, Ed Nelson, and Robert Peppe. Mayor Myrna Kragness was absent and excused. Also present: City Manager Michael McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. No one wished to address the Council. i ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn informal open forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Pro Tem. Debra Hilstrom at 7:01 p.m. 02/14/00 -1- DRAFT • 4. ROLL CALL Mayor Pro Tem. Debra Hilstrom, Councilmembers Kay Lasman, Ed Nelson, and Robert Peppe. Mayor Myrna Kragness was absent and excused. Also present: City Manager Michael McCauley, I Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Lasman reported that she attended the Year 2000 Celebration Committee meeting on February 8, 2000, and the Brooklyn Center 89th Birthday Celebration on February 11, 2000. Councilmember Nelson reported that he attended the 89th Birthday Celebration on February 11, 2000, and discussed the importance of participation in the upcoming Year 2000 events. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the minutes from the January 18, 2000, work session, the January 24, 2000, study session and regular session, and the February 7, 2000, work session. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. UTILIZE EXPLOSIVES WITH CONDITIONS Cropmate Company 4821 Xerxes Avenue North TAXICAB James Ledlum 5308 Ponds Drive North 02/14/00 -2- DRAFT I • RENTAL Renewal: Lake Shore Apartments Curtis Erickson 3206 Thurber Road Jeffrey Kelzer Initial: 4207 Lakeside Ave N #134 William & Linda Bjerke 7240 West River Road Nedzad Ceric 5403 Knox Avenue North Kathleen Parker 6c. RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS AND PUBLIC UTILITY HOOKUP CHARGES RESOLUTION NO. 00 -26 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS AND PUBLIC • UTILITY HOOKUP CHARGES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6d. RESOLUTION AUTHORIZING THE PURCHASE OF ONE TRUCK CAB AND CHASSIS FOR THE AERIAL BUCKET TRUCK RESOLUTION NO. 00-27 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE TRUCK CAB AND CHASSIS FOR THE AERIAL BUCKET TRUCK The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 02/14/00 -3- DRAFT • 6e. RESOLUTION AUTHORIZING THE PURCHASE OF ONE TRUCK CAB • AND CHASSIS FOR SANITARY SEWER UTILITY MAINTENANCE TRUCK RESOLUTION NO. 00-28 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE TRUCK CAB AND CHASSIS FOR SANITARY SEWER UTILITY MAINTENANCE TRUCK The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. I 7. PUBLIC HEARINGS 7a. AN ORDINANCE AMENDING SECTION 35 -310 OF THE BROOKLYN CENTER CODE OF ORDINANCES, DESIGNATING TEMPORARY CLASSROOMS AS INTERIM USES IN R -1 DISTRICTS City Manager Michael McCauley discussed that the Council, at its January 10, 2000, meeting entered into an agreement with Independent School District No. 286 regarding construction of temporary classrooms at Earle Brown Elementary School. The Planning Commission met on January 13, 2000, and discussed the ordinance that would amend Section 35 -310 of the Brooklyn Center Code of Ordinances Temporary Designating Tem or Classrooms as Interim Uses in R -1 Districts. The Planning Commission recommended one minor language revision in Section 1, 3.a.2. as follows: "At the time of rantin such a permit the Council shall specify a date or event that can be identified g g P fY p with certain b which certainty y the interim use must be terminated and the structure(s) shall be removed from the site." This ordinance amendment was introduced on January 10, 2000, published in the official newspaper on January 19, 2000, and is offered this evening for a second reading and public hearing. The minor language revision is incorporated into the final version; however, its omission from publication is not substantial and has no effect upon the ordinance's validity. A motion by Councilmember Nelson, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. 02/14/00 -4- DRAFT 0 • A motion by Councilmember Peppe, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 00-02 Councilmember Peppe introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING SECTION 3 5-3 10 OF THE BROOKLYN CENTER CODE OF ORDINANCES, DESIGNATING TEMPORARY CLASSROOMS AS INTERIM USES IN R -1 DISTRICTS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 7b. AN ORDINANCE PROVIDING FOR THE SALE OF LOT 2, BLOCK 1, HORBAL ADDITION IN THE CITY OF BROOKLYN CENTER Mr. McCauley discussed the Council reviewed the lease agreement and the ordinance providing for the sale of the Humboldt Liquor Store to Independent School District No. 286 at its January 10, 2000, meeting and introduced the first reading. The ordinance. providing for the sale of Lot 2, Block 1, Horbal Addition is offered this evening for second reading and public hearing. S A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Peppe, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 00 -03 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE PROVIDING FOR THE SALE OF LOT 2, BLOCK 1, HORBAL ADDITION IN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. 02/14/00 -5- DRAFT 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION ADOPTING A COMPREHENSIVE PLAN FOR THE CITY OF BROOKLYN CENTER Mr. McCauley explained that the Council previously adopted a resolution to submit the Comprehensive Plan to the Metropolitan Council for review. The Metropolitan Council requested various modifications and clarifications to the plan. Council and staff have identified that the household growth estimates established by the Metropolitan Council in the Comprehensive Plan are not consistent with the City's anticipated development and goals. Mr. McCauley asked Planning and Zoning Specialist Ron Warren give an overview of the plan. Mr. Warren gave an overview of the time line and the process used to complete the plan. He informed the Council that the Planning Commission recommended approval of the plan on January 27, 2000, following a public hearing with required legal notice and numerous meetings conducted by the Comprehensive Plan Task Force. Councilmember Hilstrom stated her concerns about the targets for increased density. RESOLUTION NO. 00 -29 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A COMPREHENSIVE PLAN FOR THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8b. STAFF REPORT RE: SCHOOL CROSSING AND CROSSWALK SIGNS Mr. McCauley reported that new crosswalk signs with a fluorescent yellow green color had been installed throughout the City. City staff, John Harlow, Marc Booth, and Scott Crocker were able to secure $12,500 worth of sign materials from Mn/DOT at no cost. These signs should provide increased safety at all the pedestrian crossings throughout the City. Councilmember Lasman commended staff on their quick efforts and saving the City money. A motion by Councilmember Lasman, seconded by Councilmember Peppe to receive report. Motion passed unanimously. 02/14/00 -6- DRAFT • 8c. STAFF REPORT RE: PALMER LAKE TRAIL GRANT APPLICATION Mr. McCauley reported that staff had submitted a grant application to the National Recreation Trail Program to assist in funding $60,000 for the Palmer Lake Trail improvements scheduled to begin this fall. The estimated cost of the project is $120,000 and there is $100,000 budgeted for this project in the 2000 Capital Improvements Fund. Results of the grant application should be available by mid summer. If the grant funding is denied the project will go forward in fall 2000. Mr. McCauley identified a number of previous grants that Ms. Spector and her staff had secured for City proj ects. A motion by Councilmember Peppe, seconded by Councilmember Nelson to receive report. Motion passed unanimously. 8d. RESOLUTION URGING LEGISLATIVE DELEGATION TO OPPOSE ANY CONTINUATION OR FURTHER IMPOSITION OF LEVY LIMITS Mr. McCauley discussed this resolution recommends and requests that the City's legislative delegation oppose any efforts to extend or impose levy limits in the 2000 Legislative Session. RESOLUTION NO. 00 -30 Councilmember Lasman introduced the following resolution and moved its adoption: • RESOLUTION URGING LEGISLATIVE DELEGATION TO OPPOSE ANY CONTINUATION OR FURTHER IMPOSITION OF LEVY LIMITS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed. Mayor Pro Tern Hilstrom abstained from the vote. 8e. RESOLUTION SUPPORTING EQUITABLE FEDERAL POLICY ON INTERNET SALES TAXES Mr. McCauley discussed this resolution urges Senator Rod Grams, Senator Paul Wellston, and Congressman Jim Ramstad to support legislation authorizing state and local governments to require the collection of legally due sales and use taxes on goods and services sold in the state, remittance of those taxes to the purchasers' state, and to require states to distribute tax revenues to cities and towns pursuant to precedent and applicable state law. RESOLUTION NO. 00-31 Councilmember Lasman introduced the following resolution and moved its adoption: 02/14/00 -7- DRAFT • RESOLUTION SUPPORTING EQUITABLE FEDERAL POLICY ON INTERNET SALES TAXES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8f. RESOLUTION AUTHORIZING CITY MANAGER TO ENGAGE SERVICES OF FABYANSKE WESTRA AND HART, P.A. TO PROVIDE LEGAL REPRESENTATION REGARDING POLICE AND FIRE CONSTRUCTION PROJECTS Mr. McCauley discussed this resolution would authorize him to engage the services of Fabyanske Westra and Hart, P.A. to represent the City and to provide expert advise and assistance to the City in resolving and finalizing the various contracts related to the construction of the police and fire stations. RESOLUTION NO. 00 -32 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CITY MANAGER TO ENGAGE SERVICES OF FABYANSKE WESTRA AND HART, P.A. TO PROVIDE LEGAL REPRESENTATION REGARDING POLICE • AND FIRE CONSTRUCTION PROJECTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the meeting at 7:32 p.m. Motion passed unanimously. City Clerk Mayor 02/14/00 -8- DRAFT • City Council Agenda Item No. 7b City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City UP* DATE: Feb U � ath February 23, 2000 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 February 28, 2000:` COURTESY BENCH Ameribench Company 4215 Winnetka Avenue North, New Hope SIGN HANGER Sign Solutions 3810 West Broadway Avenue, Robbinsdale MECHANICAL Automatic Garage Door & Fireplace 9210 Wyoming Avenue N., Brooklyn Park Hansen Heating, Inc. 101142nd Avenue N., Columbia Heights RENTAL Renewal: 1706 71st Avenue N. Richard Sandeen 3614 -16 50th Avenue N. Kjirsten Bjerke -Keena 7107 Palmer Lake Circle Chuck Hartell Initial: 5301 -05 Russell Avenue N. Korey Bannerman • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City Council Agenda Item No. 7c OKLYN CE �0 Nr � F9 BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Clerk Sharon Knutson FROM: Joel Downer, Chief of Police DATE: February 15, 2000 SUBJECT: Application for Exemption from Lawful Gambling License (Raffle Application) - North Hennepin Community College Foundation • On February 14, 2000, the Brooklyn Center Police Department received an Application for Exemption from Lawful Gambling License from the North Hennepin Community College Foundation. This application is for an event to be held at the Earle Brown Heritage Center on April 28, 2000. This application has been approved and will be returned to the North Hennepin Community College Foundation representative after City Council review. The representative will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. SK:kh • I LG220 For Board Use Only Rev06 /96 Minnesota Lawful Gambling Fee Paid Application for Authorization for an Check # • Exemption from Lawful Gambling License Initals Date Recd . ,...:.:.....r.t.,.... <..:.: ... -:.r: ...1;:2,.::::1::.: .. Or an ,r.. ton lnf :.....,.... ................ ........:...:....:.::.::..::.,. r,.:...:.,,,:..:.,- :.::.!::rrr, . a:Y:..: i , - .... vv .... ?:..:.u:.: ::.: e... ........ .: :!rt•:qul'i!y';itii��`!<i.Ly: .u,., Organization Name Previous lawful gambling exemption number North Hennepin Communitv College Foundation X 27108 - 98 - 002 Street City Sate Zip Code County 7411 85th Ave. N. Brooklyn Park MN 55445 Hennepin Name of Chief Executive Officer of organization (CEO) Daytime Phone number of CEO First Name I Last Name Don I DeMore'tt (612) 493 - 6702 Name of Organization 'I reasurer First Name Last Name Daytime Phone Number of Treasurer Barb Wile ( 425 -2315 . .:.:. ,..:..... �... .. . I .:.............:....::.. : .... .......... a... ..r.; ... :::..:.. � Fr . o N n 'f z o f g a : .... -. �.Y..k.:....F..r...a....,:... .4:... 1 ,ru:: , . .:..:.:..y.. .. .... .. :.. .- L y..a.. : r: ...:,.Y Check the box below which best describes Check the box that indicates the type of proof attached to this application your organization by your organization: ® IRS letter indicating income tax exempt status � Fraternal ' Q Veterans Certificate of good standing from the Minnesota Secretary of State's office Religious 0 A charter showing you're an affiliate of a parent nonprofit organization ® Other nonprofit Proof previously submitted and on file with the Gambling Control Board ;. �,:.�d:: _:.: ... .....::. _t� : ?.2:�!i!iij:'iY'.e:Y:!i:'iv ::.;::.::i•, :1: :.... m . P..remises Information All Name of Establish meet w1here gambling activity will be conducted Earle Brown Heritage Center Street City State Zip Code County 6155 Earle Brown Drive Brooklyn Center MN 55430 Hennepin Date(s) of activity (for raffles, indicate the date of the drawing) April 28, 2000 Check the box or boxes which indicate the type of gambling activity your organization will be conducting M *Bingo ® Raffles 0 *Paddlewheels [—] "Pull -tabs C] *Tipboards *Equipment for these activities must be obtained from a licensed distributor 0 For Board Use Only Be sure the Local Unit of Government and the CEO of your organization sign Date &Initials of Specialist the reverse side of this application. '.+�'� ".,'. nr of'.Governmcnt J �::.rY: ..... .... N......:...., "" .... , ...... . urns / , ::,..... Is this gambling premises located within city limits? ® Yes No S If Yes, write the name of the City: City Name Brooklvn Center If No, write the name of the County and the Township: County Name Township Name Check the appropriate status of the Township: organized Q unorganized M unincorporated .I.Y. %fin k� :t � 4... {::>;I'S! .k•i °ir� .t" i;S,� .::q. ! Y4'�"'K' , - • tea, sn +,� . a . '!d .„� N+{ . :�'�. ' I r .. ,: �,. ; ., :.. �. .:{. '.;~r: aw:,�::,:5:m��. :L. �•:!: <� S!rou'v�'w . 6!k: ��y^ '{ �; 7` `u'.. ,led.„ ... '.."� `' ` :: Y! . I4..Y. {>A°�•..L i`� .FS , L;: „"t :�y,�I',�.. I iyjt�N��}}�yy�r�� "�ji:�F ,.. Tll ��eOf'Gove nm.en. t�,Acknowled�� �m ent:� .ANm. u•.: •m.ier' {, , ... . .:. •n a }r 'S.:f 'd::,e! }s � �.:: w .4: ,� .. , ni j..:.: .: e! N�inf':S .... ......z.. ".4.:iY: x`@ !'M{.h:. .': >� " f�k Y':�G� ,. '. i:nWV`Y "¢. � IPwr .V••, :. .1.<:i:e: ��: �,,";I.i.. : o!yw it r!C �:sx, .. I � .. .;. 1 � ���."'. 5:�.1.,��:�i'ar: "r .r.::,. .:1 �:Y • x: ' :. 4:.. �' r��.. ,":vc::.. 1. The city must sign this application if the gambling 3. DO NOT submit this application to the Gambling Control premises is within city limits. Board if it is denied by the local unit of government. 2• The county and township must sign this applica- 4. NOTE: A Township may not deny an application. tion if the gambling premises is not within city limits. Upon submission of this application to the Gambling Control Board, the exemption will be issued not more than 30 days (60 days for cities of the 1 st class) from the date the local unit of government signed the application, provided the application is complete and all necessary information has been received, unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County Acknowledgment of Receipt of Township Acknowledgment of Awareness of Application Application Signature of person receiving application Signature of person acknowledging application • 9��r �intititi2�tM, .. .. . r Date Received:' d-1,5 Date Signed: Title of 'person receiving application Title of person acknowledging application .,c.' >, ..:.... v :• ....x .: +e .e.. .::.. . +:•:„ .. •.: .., , .. ... ".w ,.. I,.. ., �i ...,;r w'. .'•e" .. :},Yy .' .,nK,.,.ry�d:.... . :?. . "�..kl..... : sv.. :C..... .'•� .,. .. ,tl:. :: ..n. 4 ..3!re.. .M;r!y .'t" Y .!. :M. "�!5 >!: "'., .,;.r,.. r. :.,,. ":..,!$ ,... ".Y Ynr ?"5*:. .:.. >• ...: . %`{a ': : � I;y . , "'�;':!r. Po . •d ,.. ,.r : a " r''�'`: +�. : .:Q, ti�l {y ' tt: "t4:.'s: ';.1�`. ' j{j :'..: ";N`'' P ?�,, v .`'w : N:Ar °u iiru.: s`n p.n.x'4P: S ar., "•':.';Rz'" "�Y'" .. 9!.. •:,:y; " :T,S " a m.0afh.of.Ch .' e in c / .: ;.. , .......: "P ....... :.. .:..:::.:.: ....,..: :.....::,....... .,. a +i1;4.,.a7n�i A , .TNij s:i4 1h this applic ton and al 'formation is true, accurate and complete. Date: l Submit the application at least 45 days prior to your scheduled date of activity. e sure to attach the $25 application fee and a copy of your proof of nonprofit status. Mail the complete application and attachments to: Gambling Control Board 1711 W. County Rd B Suite 300S Roseville, MN 55113 This publication will be made available in alternative format (i.e. large print, braille) upon request. Questions on this form should be directed to the Licensing Section of the Gambling Control Board at (612)639 -4000. • Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1- 800 - 627 -3529 in the Greater Minnesota Area or 297 -5353 in the Metro Area. The information requested on this form will be used by the Gambling Control Board (GCB) to determine your compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information that you supply on this form will become public information when received by the GCB. Minnesota Lawful Gambling page f of 2 For Board use only I 0/'98 Pee Paid Application for Exempt Permit - LG220 Check No. Organization Information Initials Received I r O iza6on n1ame� " ( � Previous lawful gambling exemption number /V I Street �T7- �+ LGr 14ptC� City State/Zip Code f� unty Name of chief executive officer (CEO) of organization Daytime phone number oft First name ( Last name CEO: (� J), G� 9�k4 Name of teasurer of organization Daytime phone number of F' me I last name PA . treasurer. ((o l �&CE c 191s� Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ❑ Religious ❑ veteran ;�Ec Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office J�y A charter showing you are an affiliate of a parent nonprofit organization pa' Proof previously submitted and on fife with the Gambling Control Board Gambling Premises Information Name of p raises where gambling activity will be conduct (for raffles, list the site where the drawing will take place) Address (do not use P6 box) City StateOp Code County , . SR01 Ct- 0 Date(s) of activity (for raffles, indicate the date of the drawing) ����tS�" v200 Check the box okdoxes that indicate the type of gambling activity your organization will 'be Conducting: E] *Bingo A] ❑ - Paddlewheels [] - Pu11 -Tabs ❑ - Tipboatds 'Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative Your name and and your organirations name Private data about you are available only to the format (I -e• large print, Braille) upon request. The and address will be public information when following: Board members, staff of the Board information requested on this form (and any received by the Board. AD the other information whose work assignment requires that they have attachments) wig be used by the Gambling that you provide will be private data about you access to the information; the Minnesota Control Board (Board) to determine your until the Board issues your permit. When the Departmtrt of Public Safety; the Minnesota qualifications to be involved in Lawful gambling Board issues your Permit. all of the information AttomeyGeneral: the Minnesota Comte ssionem activities in Minnesota. You have the fight to that you have provided to the Board in the of Administration. Finance. and Revenue: the refuse to supply the information requested: process of applying for your permit will become Minnesota Legislative Auditor, national and however, if YOU refuse to supply this information, public. If the Board does not issue you a permit international gambling regulatory agencies: the Board may not be able to determine your all the information you have provided in the anyone pursuant to court order; ot erndividua is • quaGficationsand. as a consequence. may refuse process of applying for a pemrif remains private. and agencies that are spec*aly authorized by to issue you a permit. If you supply the with the exception of your name and your state or federal law to have access to the information requested, the Board veil be able to organization's name and address which will information: individuals and agencies for which Process Your application. remain public. law or legal order authorizes a new use or sharing of information after this Notice was given: and anyone with your consent. Application for Exempt Permit - LG220 Page 2 of 2 10198 • Organization Name Local Unit of Government Acknowledgment - (Required by Statute) tfttiega,`n_ibliii preiciises <is'iirntfiit�t c' ��_ c'it�/.isiuSEsigittlli `' cafion.'• rty;fimits;':tlie . Y1f- a am`b "es, "s30 ; tF .: prriust n'�tis., pp t+ On behalf of the city, I acknowledge this application On behalf of the county, I acknowledge this application and three options for the city: and three options for the county: 1. Approve the application By taking no action, 1. Approve the application: By taking no action, the the city allows the Board to issue a permit after county allows the Board to issue a permit after 30 days. 30 days (60 days for a first class city). 2. Waive the above -noted waiting period: The county allows the Board to issue 2. Waive the above -noted waiting period: The Documentation attached a permit before 30 days. city allows the Board to issue a permit before 3. Deny the application by passing a resolution within 30 days (60 days for a first Gass city). bocu 30 days mentation attached. Print name of county: 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). - - (Signature of county personnel receiving application) Pri Wameofciity: ;��` �'��un �P �� 1'Rle Date (Signature of city personnel receiving application) �f L e �� On behalf of the township. I acknowledge that the Tide 4 1 organization is applying for exempted gambling activity within the township limits. A township has no statutory authority to approve or deny • an application (Minn. Stat. sec. 349.213, subd. 2)_ Print name of township: (Signature of township official acknowledging application) Title Date ! 1 Chief Executive Officer's Signature The information provided in this application is c et an cc the best of my knowledge. Chief Executive Officers signaler Name (please print) " er, (�i/� Date_/ / Mail Application and Attachment(s) At least 45 days prior to your scheduled activity date send: • the completed application, • a copy of your proof of nonprofit status „and • a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated. refundable, or transferable. Send to: Gambling Control Board 9711 West County Road B, Suite 300 South Roseville, MN 55113 • If your application has not been acknowledged by the local unit of government, do not send the application to the Gambling Control Board. I - LB - 24 - 2000 09:58 P.03/04 Fob -16 -00 01:18P Jeff Meehan Sales Inc_ 6128818x82 P_04 Minnesota La wful Gambling Page f of 2 use O,uv 10)98 Pee Paid Applicat for Exempt Permit - LG220 Chem No. Organizil information initials Oc� 'pn name Previous Iawrui gambling exemption number city State /Zip Code County Name of Ohief executive offleer (Ceo) or organization 0 ime First name t. t name a phones number of N k 1 75440s � f an,zation �9 First name Daytime phone number of � last name ) treasurer (7 D NGId v. X D ✓j /,-1 cad. S 7 Type of Nonprofit organization Check the box that best describes your organization: ❑ Fraternal ❑ Relig �s l.e I C ❑ Veteran ,Other nonprofit organization s��s Check the box that indicates the type ' proof your organization aMwJ ed to this application: CR ii2S letter indicating income tax oxt)mpt status ❑ Certificate of Good Stand; from om the Minnesota Secretary of State's Office • [] A Charter Showing you are ail affiliate of a parent nonprofit organization ❑ proof PreviouSty submitted and on file with the Gambling Contro Board Gambling Premises information Nam Of premises where gambling at.'Uvr�ty wig be c / ducted (for ralAes, fist the 940 where the Ora�riAg wiU take plate) /�t . p t rJ IV6 ( 14vti Address (do not use PO box) City swerzip code County o� a 0 rr2EO W p- 6`vX )312 � 5 5'y 3 o f Z AV Daft(s) of attMihr (for raffles. indicate the data of the drawing) Iq Y Check the brnt or boxes that indicate the type of antb6r acti D y ty yourat9ani4Q§W will be conducting: ❑'bingo .Raffles Q 'Paddlewheels ❑•puvrabs Q'?ipboards 'Equipment for these atrivities moat be obtained from a licensed d istributor, This form YAR be made available in alternative Your namtt and and your orgamzaffonig f>ratte Private data about you ale available omy to the format ( i.e. large print &mile) upon request. The and address win be public information when Iloilo": Board members_ staff of the Board information requested on this form (and any received by the guard. AA the other information wfcosework asslgnnvat requires that theyhave attachments) w►K be used by the Gambling that you protide will be private data about you access to the information; the Minnesota Control Board (Beard) to dotarminE your until the Board issuer your pow When the Department of f'1►blit Safegr; the Minnesota QuNikabo s to be involved in wmu► gambling Board issues yoyr pwrnit. alf Of the information Aeon,eyGerrerat, the Mirft%ota Commiscionam atfMieS in Minnesota. You have the right to that you -have provided to the Board in the of Administration. Finance, and Revenue. the refuse supply the u p irmis requested: hovvave process or applying for)VWPeRSt "W b000me Minntsota legislative Auditor, national and ifytw refuse to su R►is infortnatton, pubirc. It me Board does not issue Beard may not be able to oetermine your all the information you a pem international gambling regulatory agencies: quab�CatiOrt =�, as A cor►sequP�loC m rr� goo n8r+e provided in tM anyone ptrSUant IO OouRwder otherindiv (duals ay process of applying for a permit remains private. and agencies vrat are spea'Matty authorized by to issue you a permit. If yo1j supply the oath the exception of your name and your state or faderal law to have access to the information requested, the Board wa be &We to organization's name and address wh ich W01 information: individuals and agencies for which OVVASS your o po;cati an, remain public. law or legal oroK autho6tes a now use or chringofinfor vdmabrthisModwwasgiven: and anyone wnh your oWMAt. FEB -24 -2000 09:56 P.04/04 Fob -16 -Op 01:18P Jeff Meehan Sales Inc. 6128818482 P.03 . Application for Exempt Permit - LG220 Page 2 or 2 toles Or9anixation Name Local Unit of Government Aeknouvledgrnent ( required by Statute) If thift`kilt bllrtg;het%isaf + s !ithin�elty; iffij`>Zhe a """b yK -"' 1 . i�y.rirliy wg � �'xpplic'l�n. ' '� �f'' P• On behalf of the city, I acknowledge this application On behalf of the County, I acknowledge this application and three options for ttte city: and three options for the county: Approve the application: By taking no action, 1 A pprove the application; By taking no vction, the the city allows the Board to issue a permit after minty allows the Boara to Issue a permit aRer 30 dtty9. 30 days (60 days for a first class city) 2. Waive the above -noted waiting period: The county 2. W i1V� the above -noted waiting Erioe;: The allows the Board to issue a permit before 30 days. 9 P Ooeumentation attached city allows the Board to issue a permit berore 3. Deny the application by passing a resolup within 30 days (60 days for a first claSS c+ty). Docu 30 days. ntentatlon attached. Print name of county: 3. Deny the application by passing a resolution within 30 days (60 days for a flat c city), (Signature of county personnel receiving application) PH me o/f ci1tty::� oto l A n TiUe -• -- . _ _..... -- Data ! ! (Sign re of eity personnel reftVing application) , L On behalf of the township. I acknowledge that the Title (_ t � IL' organizaWn is applying for exempted gambling activity within the township limits. • A township has no statutory authority to approve or deny an application (Minn. Start sea 349.213, subt;. 2). Print name of lownship: ( Signature of township official acknowledging application) Title Date ! It Chief Executive Officers Signature ~ The information provided in this applica n complete and a urate to the hest of my knowledge. Chief Executive Officers signature Name (please print) 40j �. Oate Mail Application and Attachment(s) At (east 45 days prior to your scheduled activity date sand: the completed application; • a copy Of your proof of nonprofit status „and • a $25 application fee (make check payable to "state of Minnesota"). Application fees are not prorated, rewn4able, or trensfereble. Send to Gambling Control board 1711 W01t County Road B, Suite 300 South • Roseville, MN 55113 If yoar application has not been acknowledged by the local unit of government. do not send the appricadorr to the Gambling Control anard TOTAL P.04 City Council Agenda Item No. 7d . MEMORANDUM DATE: February 23, 2000 TO: Michael J. McCauley, City Manager FROM: Scott A. Brink, City Engineer SUBJECT: Resolution Approving Change Order Nos. 1 and 2, Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1998 -29, Earle Brown Heritage Center Parking Lot On September 14, 1998, the City Council awarded contracts to Thomas and Sons, Inc. in order to provide for construction of an expanded parking lot at the Earle Brown Heritage Center. The contract was as follows: (1) $271,913.03 to Thomas and Sons for grading, site work, curb and gutter, and asphalt surfacing. Funding for the construction is being provided by a State of Minnesota grant. Change Order No. 1, in the amount of $7,148.94 and Change Order No. 2 in the amount of $5,874.37 is for additional equipment time, materials, and extra work by Thomas and Sons that was not anticipated at the time plans and specifications were completed. All contract work by the Contractor has been completed to the City's satisfaction. It is recommended to approve the attached resolution authorizing final payment to Thomas and Sons, in accordance with a final contract amount of $278,630.14. • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NOS. 1 AND 2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998 -29, EARLE BROWN HERITAGE CENTER PARKING LOT WHEREAS, pursuant to written contracts signed with the City of Brooklyn Center, Minnesota, Thomas and Sons Construction, Inc. has satisfactorily completed the following improvement in accordance with said contract: Improvement Project No. 1998 -29, Earle Brown Heritage Center Parking Lot NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Change Order No. 1 in the amount of $7,148.94 and Change Order No. 2 in the amount of $8,283.12 are hereby approved. 2. It is hereby directed that final payment be made on said contracts, taking the Contractors' receipt in full. The total amount to be paid to Thomas and Sons for said improvement under said contract shall be $278,630.14. 3. The work completed under said contracts is accepted and approved according to the following schedule: Costs: Thomas & Sons Per Bid Final Construction $271,913.03 $265,606.83 Contingency /Change Orders 27,191.30 13,023.31 Total Costs $299,104.33 $278,630.14 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 hereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 7e MEMORANDUM DATE: February 22, 2000 TO: Michael McCauley, City Manager p FROM: David Peterson Public Works Su p erintenden r f SUBJECT: Resolution Authorizing the Purchase of One Articulating Aerial Device for the 2000 Freightliner Bucket Truck An appropriation of $110,000 was approved in the 2000 Central Garage Capital Outlay Budget for the replacement of the 1992 Ford F80 Aerial Bucket Truck. A 2000 FL70 Model Freightliner Cab and Chassis was purchased from Chesley Truck Sales through the Mn/DOT Cooperative Purchasing venture at a total cost of $45,839.73. Sealed bids for an articulating aerial device were accepted on February 22, 2000. We received bids according to the specifications at the following bid prices. Vendor Price Trade -In Total Aspen Equipment $54,398.00 $30,000.00 $25,983.87 - Tax Included • ABM Equipment & Supply, Inc. $58,029.00 $31,000.00 $28,785.88 - Tax Included A saw at the approximate cost of $1,800.00 will complete the capital outlay expenditures for this equipment unit. We recommend approval of this purchase as appropriated in the 2000 Capital Outlay Budget. • . Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF ONE ARTICULATING AERIAL DEVICE FOR THE 2000 FREIGHTLINER BUCKET TRUCK WHEREAS, an appropriation of $110,000 was approved in the 2000 Central Garage Capital Outlay Budget for the replacement of the 1992 Ford F800 Aerial Bucket Truck; and WHEREAS, a 2000 FL70 Model Freightliner Cab and Chassis was purchased from Chesley Truck Sales at a total cost of $45,839.73; and WHEREAS, sealed bids for an articulating aerial device were accepted on February 22, 2000; and WHEREAS, we received bids according to the specifications at the following bid prices: Vendor Price Trade -In Total Aspen Equipment $54,398.00 30,000.00 $25,983.87 - Tax Included S ABM Equipment & Supply, Inc. $58,029.00 31,000.00 $28,785.88 - Tax Included NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the purchase of one Teco Articulating Aerial Device from Aspen Equipment in the total amount of $25,983.87 is hereby approved. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8a • MEMORANDUM DATE: February 22, 2000 TO: Michael J. McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Resolution Ordering Improvements and Authorizing Development of Plans and Specifications, Improvement Project Nos. 2000 -01, 02, and 03, Garden City Central, Street, Storm Drainage, and Utility Improvements Summary Explanation The proposed projects (Improvement Project Nos. 2000 -01, 02, & 03) include roadway, storm drainage, and utility improvements for the Garden City Central Neighborhood Area. The general improvement area consists of the following streets: All streets located east of Xerxes Avenue, west of Central /Garden City Park, south of I -94 and north of 61st Avenue: All streets located within an area bounded by Brooklyn Boulevard, Xerxes Avenue, 63rd Avenue North, and 61st Avenue North, including 63rd Avenue from Brooklyn Boulevard to Brooklyn Drive. The proposed project does not include any improvements to Xerxes Avenue, Brooklyn Boulevard, or 61st Avenue North. • The attached Feasibility Report includes maps showing the specific improvement locations. The project was initiated and established by the City Council on August 9, 2000. On November 16, 1999 and January 26, 2000, public information meetings were conducted. On February 8, 1999, the Council received the Engineer's Feasibility Report and scheduled a public hearing for February 28, 2000 to consider these improvements. The proposed improvements can generally be described as follows: replacement of the existing streets with new bituminous surfacing and concrete curb and gutter, storm sewer installation, repair and replacement f facilities, and street light p o existing sanitary sewer and water main facilit gh replacements. p The attached Engineer's Feasibility Report describes the project improvements, costs, and schedule in more detail. Assessments In accordance with the City Council's policy regarding improvement projects in residential areas, proposed assessments have been made on a unit basis. The Council's 2000 residential unit rate for street reconstruction is $2,180 per parcel, and $710 per parcel for storm drainage improvements. The public hearing will not consider the proposed assessments. If the council approves the Improvement Projects, a separate assessment hearing would be scheduled for September of 2000. All property owners in the area affected by the proposed improvements have been duly notified as required by law. • Additional Issues Street Width. At the second informational meeting, an issue arose regarding the proposed street width of 63rd Avenue east of Xerxes. The existing street width is 38 feet, which is wider than a typical residential street, which is 30 feet wide. We believe this street was built at 38 feet wide in the late 50's because there was some speculation at that time that 63rd might continue east across the creek to Shingle Creek Parkway. Because we now know that would not occur, staff suggested that 63rd Avenue could be reconstructed at the typical residential street width of 30 feet. Some residents at the informational meeting responded that they wanted the street width to remain at 38 feet wide. We agreed to send a survey out to residents to determine the overall street width preference. Eleven property owners responded they wanted the street width at 38 feet; two wanted the street width reduced; and one preferred whichever option would cost less, which would be the reduced width. Because the majority of those responding preferred the wider street, 63rd Avenue is proposed to remain at 38 feet wide. Garden City Park Pond. As you will recall, the storm drainage system design called for a regional stormwater treatment pond in Garden City park, in approximately the location of the hockey rink. The hockey rink was proposed to be moved, as well as the pleasure skating rink, and a soccer field constructed. The Park and Recreation Commission reviewed these proposed changes to the park, and recommended that the Council approve the changes. Since that time, staff has continued to work to find alternatives which would reduce or eliminate the . use of a portion of the park for a stormwater pond. Working together with the Shingle Creek Watershed Commission engineer, staff has developed an underground treatment option. This option would eliminate the conversion of 1.5 - 2 acres of park property to a pond; thus preserving valuable space needed for the improvements previously approved by the Park Commission and City Council. The underground treatment option proposed would be located under the park parking lot, which would be expanded to provide more parking for the soccer field. The underground treatment system essentially would consist of a serious of specially designed manhole type structures that remove and collect sediment and impurities from the storm water, by utilization of "vortex" design principles. Analysis of the system has indicated pollutant removal rates of more than 80% for typical bimonthly rainfall activity. The underground system would basically be un- noticeable, with maintenance access provided through manhole covers located in the parking lot. This option would also cost less to construct, and less to operate over twenty years. Overall maintenance would be easier and less costly since existing manhole and catch basin cleaning equipment can be utilized from the parking lot. Maintenance of a pond would be much more costly since access and dredging is much more difficult; often requiring specialized equipment that the City does not own. The underground system proposed is the V2B 1 Stormwater Treatment System, by the firm Environment 21, LLC, East Pembroke, N.Y. Royal Concrete Pipe, Stacy, Minnesota is a licensed provider of this system. Royal Concrete Pipe has satisfactorily provided much of the stormwater infrastructure throughout the City over the past several years. • �I • The VB21 system has been utilized effectively in several eastern states, and has been installed locally here in Minnesota only recently. For example, a similar unit was recently installed for the City of Wayzata to treat discharge prior to entering Lake Minnetonka. Information and data obtained from available sources indicate that the V2B1 is effective, particularly for lower flow conditions. Long term sample testing over several years is needed however, to accurately determine the overall long term effectiveness, similar to ponding. The Shingle Creek Watershed Commission is expected to approve a Commission - funded monitoring and testing program to evaluate the performance of this option. If it performs as expected, the Watershed may begin to approve such devices on a variance basis for use in other hard to treat areas. Long term, this treatment system holds tremendous potential for storm water treatment requirements in the future. Typically, stormwater treatment ponds have been the required standard. However, because of lack of available space, public safety and aesthetic concerns, maintenance issues, etc, ponds have not always been highly desirable. The V2B1 therefore holds some significant potential promise in future situations. Staff has worked closely with Engineers from Environment 21 and Royal Concrete Pipe to develop a preliminary design and cost estimate for the proposed treatment system. Staff has also completed a cost estimate for a pond option, based on similar unit prices experienced for pond construction in the past. Including a factor for maintenance costs, we estimate the cost for the V213 1 system at this time to be $221,100. The cost to construct and maintain a pond for the same storm water volume is estimated to be $269,100. These estimates do not consider a "cost" for the removal of valuable park space to construct the pond, or other intangible costs that may be related. We therefore, feel the V213 1 to be a very viable and effective alternative for storm water treatment. More information about this option will be available at the public hearing. Recommended City Council Action Staff Presentation. Open the Public Hearing on the proposed projects, take public comment, and close the hearing. Decide on the street width of 63rd Avenue east of Xerxes. Decide on the option to treat stormwater: the pond or the underground system. Consider the improvement projects. A Resolution Ordering Improvements and Authorizing Development of Plans and Specifications, Improvement Project Nos. 2000 -01, 02, and 03, Garden City Central Street, Storm Drainage, and Utility Improvements is provided. • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NOS. 2000 -01, 02, AND 03, GARDEN CITY CENTRAL, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on February 28, 2000 authorized consideration of street, storm drainage, and utility improvements in the area generally described as the "Garden City Central," consisting of the following streets: All streets located within an area bounded by Brooklyn Boulevard, Xerxes Avenue, 63rd Avenue North, and 61st Avenue North, including 63rd Avenue from Brooklyn Boulevard to Brooklyn Drive, exclusive of Xerxes Avenue, Brooklyn Boulevard, or 61st Avenue North; and WHEREAS, the Council has previously received and accepted a feasibility report for said proposed improvements, as prepared by the City Engineer; and WHEREAS, said improvement is necessary, cost effective, and feasible as detailed in the feasibility report; and • WHEREAS, the City Council on the 24th January, 2000 adopted a resolution setting a date for a public hearing regarding proposed improvements for the Garden City Central Neighborhood; and WHEREAS, ten days published notice of the hearing was given and the hearing thereon was held on the 28th day of February, 2000, at which time all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the Council has considered all comments, testimony, evidence, and reports offered at or prior to the February 28, 2000 hearing; and WHEREAS, the City reasonably expects to expend monies from the special Assessments Construction Fund, Water Utility Fund, Sanitary Sewer Fund, or Storm Drainage Utility Fund on a temporary basis to pay the expenditures described in this resolution; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax- exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments, or utility fees. The maximum amount of obligations expected to be issued for such project is $1,175,000; and WHEREAS, City Staff, under the direction of the City Engineer are prepared to • prepare plans and specifications for said project. • RESOLUTION NO. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project Nos. 2000 -01, 02, and 03, Garden City Central Street, Storm Drainage, and Utility Improvements, are hereby ordered. 2. The City Engineer is authorized to prepare plans and specifications for said improvement. 3 This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulation 1.105 -2 and any successor law, regulation, or ruling. This resolution shall be modified to the extent required or permitted by Treasury Regulation 1.105- 2. Or any successor law, regulation, or ruling. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City of Brooklyn Center A great place to start. A great place to stay. • 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MINNESOTA 55430 ENGINEERING: 569-3340 FAX. • 569 -3494 ENGINEER'S FEASIBILITY REPORT FOR • GARDEN CITY CENTRAL NEIGHBORHOOD IMPROVEMENT PROJECT NOS. 2000 -01, 02 &03 JANUARY, 2000 I hereby certify that this feasibility report was prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota Reg. No. 17657 + V Scott Brink. P. E. City Engineer January 19, 2000 • Feasibility Report Garden City Central Neighborhood Page 1 OVERVIEW (see Figure 1) . These proposed projects include roadway and utility improvements for the Garden City Central Neighborhood, more specifically all public streets as shown in Figure 1. The general improvement area consists of the following streets: All streets located east of Xerxes Avenue, west of Central /Garden City Park, south of I -94 and north of 61st Avenue: All streets located within an area bounded by Brooklyn Boulevard, Xerxes Avenue, 63rd Avenue North, and 61st Avenue North, including 63rd Avenue from Brooklyn Boulevard to Brooklyn Drive. The proposed project does not include any improvements to Xerxes Avenue, Brooklyn Boulevard, or 61st Avenue North. Estimated costs for the new street improvements are included on the attached cost spread sheet(Figure 6) This report was prepared in accordance with previous direction of the City Council and that staff would conduct Public Information meetings. On November 16, 1999 and January 19, 2000, public information meetings were conducted. PROPO IMPRO VEMENTS- STREETS Improvement Project 2000 -01 (see Figure 2) All of the streets in the proposed project area, with the exception of 63rd Avenue North, are classified as local residential streets, originally constructed in conjunction with utility installations in the mid to late 1950's (with the exception of 66th Avenue, which was constructed in 1980). 63rd Avenue (between Brooklyn Boulevard and Xerxes Avenue North) is designated as a Municipal State Aid collector street under the City's Transportation Plan, meaning that state gasoline tax monies are available to assist in funding for reconstruction of that particular street. All of the existing streets are very flat, without concrete curbs and gutters. On average, the streets are 30 feet wide (with the exception of 63rd Avenue), with a pavement thickness of 1.5 to 3.0 inches. These streets are aging and showing fatigue and distress, particularly along their unprotected edges. The City's Pavement Management Program indicates that it is no longer cost - effective to routinely maintain these streets (i.e., patch and sealcoat). Complete reconstruction is recommended. With the exception of 63rd Avenue, it is proposed to reconstruct these streets as two lane roadways measuring 30 feet in width with a structural capacity for the current volume and vehicle distribution. On- street parking on both sides would continue to be allowed on all streets as existing and in accordance with the City's parking ordinances. Concrete curbs and gutters and driveway aprons would be installed as part of the improvement. 63rd Avenue (between Brooklyn Boulevard and Xerxes) would be constructed to Mn/DOT State Aid standards as required. At this time, it is recommended that 63rd Avenue North be resurfaced to match its current width of 48 feet between Brooklyn Boulevard and Beard Avenue. Between Beard and Xerxes, it is proposed to reconstruct the street to its current width of 38 feet, which also would allow parking on both sides of the roadway in accordance with State Aid standards. 63rd Avenue between Xerxes and Brooklyn Drive is not a Municipal State Aid street, and is proposed to be reconstructed • from its existing 38 feet to a residential street width of 30 feet (parking continued to be allowed on both sides of the roadway) Feasibility Report Garden City Central Neighborhood Page 2 gill Traffic volumes on most of these streets are typical of local residential streets, with the exception of 63rd Avenue which is designated as a Municipal State Aid collector street between Brooklyn Boulevard and Xerxes. Some traffic speed concerns have been expressed by some residents in the area. This is a common concern in many neighborhoods throughout the `City. However, staff will continue to conduct additional traffic data collection work in the area to address specific concerns. There are no new sidewalks proposed as part of the project. Existing sidewalks within the project area are located along 63rd, Beard, and 65th. Spot repairs will be performed on these sidewalks as needed. Otherwise, no additional sidewalks or trails are included in the cost estimates. The cost estimates in this report do include a lump sum allocation ($38,000) for planting boulevard trees to replace those removed. An amount of $75,000 has also been allocated for replacement of street lights. Staff is working with NSP at this time to determine and refine a more accurate cost estimate. STORM DRAINAGE Improvement Project 2000 -02 (see Figure 3 for proposed storm sewer system) The existing storm sewer system in the project area was installed on a per development basis and is either non - existent or minimal, and is inadequate. Previously ordered hydraulic and technical studies of this drainage area have shown that additional storm sewer should be constructed to alleviate frequent localized drainage problems. A large portion of the drainage from the Garden City Central neighborhood eventually flows to a large 66 inch diameter trunk storm sewer located between 65th and 66th. This storm line drains a significant portion of the entire west side of the City, and is undersized for significant rainfall events. As a result, a comprehensive drainage study of the west side of the City conducted by SEH in 1995 recommended that an additional trunk storm sewer be constructed to Shingle Creek along or near 63rd Avenue. Survey results received from residents also indicate some localized incidents of standing water and /or very poor drainage. A significant amount of storm sewer is therefore proposed as part of this project. Much of the storm sewer proposed for the project would consist of smaller mains and leads to pick up runoff at localized low spots. These mains would then eventually connect to the large existing trunk main located between 65th and 66th, or to a newly constructed trunk main constructed between Brooklyn Boulevard and Shingle Creek along 63rd, Beard, Mumford, and Nash Roads (see Figure 3). The total cost for these storm sewer improvements is estimated to be $973,100. Figure 3 shows a preliminary concept for storm drainage improvements to serve the project area. In addition to a new trunk main, the project design essentially provides for installation of additional storm sewers and catch basins to provide additional pick -up points throughout the neighborhood, thereby allowing streets to be regraded to provide more positive drainage, and to minimize localized flooding. This storm drainage system also includes the construction of a stormwater detention pond in Garden City Park to provide water quality treatment. • Feasibility Report Garden City Central Neighborhood Page 3 • SANITARY SE WERS Improvement Project 2000 -03 (see Figure 4) All sanitary sewers in the project area (except on 66th Avenue) generally are 8 inch diameter clay pipe, installed in the 1950's. Because these sewers were constructed without gaskets in the joints, the are subject t y � o a modest level of ground water infiltration. Often, it would not be cost - effective to eliminate this infiltration if the pipe itself were in good condition. However, while there are no capacity problems, city maintenance records, along with a televised inspection of all sewers in this area document a significant tree root infiltration problem and some structural defects in the sewer mains. Surveys received from residents also indicate various experiences with plugging of service lines that can often be attributed to root penetration of the pipe joints. The televised inspections have indicated that root infiltration is significant throughout the entire sanitary sewer system in Garden City Central (Figure 4). In particular, root infiltration and blockages are seen at the connection points between private service lines and the mains. Therefore, all sewer mains in the project area are proposed to be replaced. It is estimated that over 300 sanitary sewer services between the main and the property line would be replaced with the new sanitary sewer installation. Staff has compared costs of complete replacements vs. repair and replacement of specific problem areas only. Because of construction methods, mobilization costs, and in consideration of the final product and long term performance, it has been determined that in the long term perspective, complete replacement is more feasible. Additional information regarding sewer problems was received from property owners during the • public c participation process. Based on that information and additional review of other available information, final recommendations will be made during the final design process and project cost estimates will be revised accordingly. At this time the estimated cost of sanitary sewer work as proposed is $698,540. WATER MAINS Improvement Project 2000 -03 (see Figure 5) The water distribution system in this particular neighborhood was installed in the 1950's with unlined cast iron pipe, meaning pipe that did not have the corrosion resistant lining typically provided on cast iron pipes in later years. Internal corrosion to the these types of mains over the years typically contributes to water quality problems in neighborhoods where the mains have been installed. Also contributing to the problem is the hardness and high iron and manganese contents of the City's water. Water quality problems are often also a result of the type of internal piping installed within individual homes. Nevertheless, surveys returned to the City have indicated a very significant number of complaints relating to water quality. In response, the City proposes to replace all unlined cast iron pipes with newer ductile iron piping. While the replacements will probably not eliminate all water quality related complaints, a significant improvement overall is expected. The City performed a similar main replacement in the Orchard West neighborhood in 1997 and indications suggest that an overall general improvement did result. is Water pressures throughout the system are adequate. However, in some instances, water may become stagnant in certain areas as a result of poor circulation, and thus contribute to the water quality related Feasibility Report Garden City Central Neighborhood Page 4 i problem A computer model of the City's entire water system has been developed and can pin point areas where circulation improvements may be needed. When identified, deficiencies can often be corrected by changing the sizes of certain mains to push and circulate water through the system more thoroughly. We • therefore anticipate changing the sizes of some mains while they are replaced. In addition, leaky valves, and aging hydrants would be replaced as part of this work. The cost of this water system work is estimated to be $810,200. ESTIMATED COSTS AND FUNDING CONSIDERATIONS (see Figure 6) The total estimated cost for the proposed project is $4,195,100. A detailed breakdown of this estimate, as well as funding sources are explained as follows in this report and attachment. Costs and Funding for Street Improvements. Project No. 2000 -01 The estimated cost for roadway improvements for all streets in this project area (Local and Municipal State Aid), is $1,521,800. If street lighting improvements are included, the estimated cost for those roadway improvements is $1,596,800. It is proposed to levy special assessments for street improvements in accordance with the rates adopted by the City Council on November 8, 1999. The rates adopted by the City Council provide for a standard 2000 residential street assessment rate of $2,180 per residential property, except for properties on 66th Avenue. The improvements to be constructed on 66th (mill and overlay with spot curb repairs) are about 73 % of the average cost of full reconstruction improvements. Therefore, it is proposed to assess those properties at 73% of the residential rate, or $1,593 per property. These rates would be assessed to all benefitted residential properties as shown in Figure 1. On this basis it is estimated that special assessments totaling $866,450.00 would be levied for street improvements. Costs and Funding for Storm Drainage Svstem Improvements. Project No. 2000 -02 The total estimated cost for storm drainage improvements within the Garden City Central Neighborhood area(Local and State Aid Streets) is $973,100. This includes the cost of storm sewer construction throughout the project area. It is proposed to levy special assessments for storm drainage improvements in accordance with the rates adopted by the City Council on November 8, 1999. Application of this rate to properties benefitted by these improvements will result in estimated special assessments of $710 per single family residential unit. There will be no storm drainage improvements to 66th Avenue, and the properties will not benefit from the regional improvements because they drain to Mn/DOT right of way. Therefore, no storm drainage assessments are proposed for the 66th Avenue properties. The total cost to be assessed would be $288,288. The Storm Drainage Utility Fund would pay for a substantial amount of the remainder of the storm sewer costs. Storm sewer construction on 63rd Avenue would be eligible for State Aid funding. Feasibility Report Garden City Central Neighborhood Page 5 Costs and Funding for Sanitary Sewer and Water Main Improvements. Project No. 2000 -03 The estimated cost of sanitary sewer repairs and /or replacements is $760,990 and the estimated costs for water main repair and /or replacements is $864,220. As previously noted, these cost estimates are preliminary at this time. However, all such costs would be funded by their respective utility funds, in accordance with established policy for such improvements. Recommended 2000 Project Schedule January 24 City Council receives feasibility report and calls for public hearing February 28 Public Hearing, City Council may authorize the project and order preparation of plans and specifications March 13 Approve plans and specifications, authorize Ad for Bids April 5 Bid opening April 10 City Council awards contract A P ril 19 Preconstruction conference April 24 Start construction • September 11 Special Assessment Hearing September 30 Substantial completion Conclusion The overall condition of the City's infrastructure system (streets, sewers, utilities) is critical to the operation, safety, welfare, and economic health of the entire City. As a result of the infrastructure needs described, and the proposed solutions and estimated costs described in this report, the proposed project is considered to be necessary, cost effective, and feasible. Scott Brink, P. E. City Engineer Reg. No. 17657 i Feasibility Report Garden City Central Neighborhood Page 6 , lot . — it — - .— — City of Brooklyn Center Garden City Central , sST ' X 66TH. AVE. N. rn AD EN 65TH. T AVE. N oOL w POE:: RD LU — f% O i r O'HENRY RD. I - J 63RD. AVE. N. 63RD. AVE. — N. Q -- - NASH RD f� — Af u LU oR D AVE. N. N - —' -- - _ _- GARDEN CITY R / PARK - -- - � NcF TAD AVE: N z 61 ST AVE. N LU _ < N 500 0 500 1000 Feet W E S 2000 Street Reconstruction FIG. 2 City of Brooklyn Center Garden City Central J/ _ a 6 S X 66 r TH. AV E. N. 2DEN - N 65TH. AVE. N. Y 100E m - - F w POE RD - \ LU m O'HENRY RD., : 63RD. AVE. N. 63RD', VE. N � NASH RD. w - - MUMF o e / 2N N DAVE. N. GARDEN . J CITY PARK TAD AVE N _ - Z -- 61 ST AVE. N. W -- j Q - -- - d i N 500 0 500 1000 Feet Aw— W' E Storm Sewer s FIG. 3 City of Brooklyn Center Garden City Central SST m 667 H. AVE. N. ADEN I 65TH. AVE. Y N. 100E Z qV < F � m - - -- - - ¢ POE RD L l i m O'HENRY 11 � RD., 63RD. AVE. N. 63RD. AVE. N. v�rsr Aa Z ��o h - -- - , -- - -o - -- — _ - - - D AVE. N. - y - -- f GARDEN CITY PARK - AVE N i - Z 61ST AVE. N.: Q - - N 500 0 500 1000 Feet W E Sanitary Sewer s FIG. 4' City of Brooklyn Center Garden City Central 6Sr - m 66TH. AVE. N. 2DEN N ` 65TH. AVE. N. qV F m -- - - - - -- J POE, ,RD ul O O HENRY RD. - ca \ 63RD. AVE. N. _ 63RD. VE .N 3 Q - NASH RD. M1A �0 R p 0 I D AVE. N. -- — -- - !. GARDEN,. - -- - -- - CITY R N t PARK F ` TAD AVE, N Ik _ 61ST AVE. N. u.i -.. Q N 500 0 600 1000 Feet , W E Water S FIG. 5 COSTS & FUNDING CONSIDERATIONS GARDEN CITY CENTRAL - FEASIBILITY SUMMARY 217/00 63RD AVE ESTIMATED EXPENDITURE STREET MSA MSA NON ELIGIBLE SANITARY WATERMAIN STORM ESTIMATED ELIGIBLE SANITARY WATER SEWER SEWER TOTAL ESTIMATED CONSTRUCTION COST $ 1,030,549.00 $ 218,830.00 $ 56,755.00 $ 49,105.00 $ 583,850.00 $ 685,638.00 $ 825,190.00 $ 3,449,917.00 CONTINGENCY (10 %) $ 103,054.90 $ 21,883.00 $ 5,675.50 $ 4,910.50 $ 58,385.00 $ 68,563.80 $ 82,519.00 $ 344,991.70 SUBTOTAL CONSTRUCTION COST $ 1,133,603.90 $ 240,713.00 $ 62,430.50 $ 54,015.50 $ 642,235.00 $ 754,201.80 $ 907,709.00 $ 3,794,908.70 ADMIN, ENG., LEGAL $ 96,790.27 $ 12,686.10 $ 56,303.25 $ 56,001.35 $ 65,395.12 $ 287,176.00 REFORESTATION $ 38,000.00 $ 38,000.00 STREET LIGHTS $ 75,000.00 $ 75,000.00 TOTAL ESTIMATED PROJECT COST (FEASIBILITY) $ 1,343,394.17 $ 253,399.10 $ 62,430.50 $ 54,015.50 $ 698,538.25 $ 810,203.15 $ 973,104.12 $ 4,195,084.79 !ESTIMATED REVENUE STREETASSESS = $2,180 /UNITX348UNITS $ 758,640.00 $ 758,640.00 PARK /LIFT STN ASSESSMENTS $ 10,816.00 $ 10,816.00 CHURCH ASSESSMENT $ 14,326.00 $ 7,428.00 $ 21,754.00 COMMERCIAL ASSESSMENT $ 59,205.00 $ 30,700.00 $ 89,905.00 WEST FIRE STATION $ 5,940.00 $ 3,080.00 $ 9,020.00 MILL & OVERLAY RATE - 66TH AVE. NO. 11 UNITS 0 $1,593/ UNIT $ 17,523.00 $ 17,523.00 SANITARY SEWER FUND $ 62,430.50 $ 698,538.25 $ 760,968.75 WATER FUND $ 54,015.50 $ 810,203.15 $ 864,218.65 STORM DRAINAGE ASSESS =$710/ UNIT X 348 UNITS $ 247,080.00 $ 247,080.00 MSA FUNDING $ 253,399.10 $ 253,399.10 STORM DRAINAGE UTILITY FUND $ 684,816.12 $ 684,816.12 GENERAL FUND $ 476,944.17 $;' 476,944.17 (TOTAL EST. REVENUE (FEASIBILITY) $ 1,343,394.17 $ 253,399.10 $ 62,430.50 $ 54,015.50 $ 698,538.25 $ 810,203.15 $ 973,104.12 $ 4,195,084.79' 1 FIGURE 6 City Council Agenda Item No. 8b MEMORANDUM DATE: February 22, 2000 TO: Michael J. McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: men t of Plans and Resolution Ordering Improvements and Authorizing Development g P g P Specifications, Improvement Project Nos. 2000 -04, 05, and 06, 73rd Avenue, Humboldt to Camden, Street, Storm Drainage, and Utility Improvements Summary Explanation The proposed projects (Improvement Project Nos. 2000 -04, 05, & 06) include roadway, storm drainage, and utility improvements for 73rd Avenue North between Humboldt and Camden. 73rd Avenue between Humboldt and Camden Avenue has been scheduled for improvements for the year 2000 in accordance with the Capital Improvement Program schedules for the Cities of Brooklyn Center and Brooklyn Park. The street serves as a portion of the boundary between the two respective Cities, and falls under the jurisdiction of both. The proposed improvement project is therefore being developed and administered by the City of Brooklyn Center in cooperation with the City of Brooklyn Park. A cooperative agreement for the project was previously approved by the respective City Councils of each City. Overall street and storm sewer improvement costs would be split equally between the two cities, while any utility improvement cost will be paid by the benefitting City or property. The City of Brooklyn Center is serving as the lead administrative agency for coordination and management of the project. A feasibility report and preliminary design have been completed for the above referenced project. The project was previously established by the Brooklyn Center City Council in August of 1999, and two informational meetings have been conducted with residents and property owners since then. The attached feasibility report provides a detailed breakdown of specific proposed project work items and costs. The proposed improvements can generally be described as follows: replacement of the existing streets with new bituminous surfacing and concrete curb and gutter, storm sewer installation, repair and replacement of existing sanitary sewer and water main facilities, and street light replacements. • 73rd Avenue is designated as a Municipal State Aid Street under the Comprehensive Plans of i both Brooklyn Center and Brooklyn Park, and State Aid funds are available to pay for a substantial portion of the project cost. The street must therefore be designed and constructed to Mn/Dot State Aid standards, and a 32 foot wide street with parking on one side of the roadway is proposed. The existing street width is approximately 30 feet. Assessments In accordance with the City Council's policy regarding improvement projects in residential areas, proposed assessments have been made on a unit basis. The Council's 2000 residential unit rate for street reconstruction is $2,180 per parcel, and $710 per parcel for storm drainage improvements. The public hearing will not consider the proposed assessments. If the council approves the Improvement Projects, a separate assessment hearing would be scheduled for September of 2000. The City of Brooklyn Park is expected to hold a similar Public Hearing within the next few weeks for Brooklyn Park property owners as well. Final authorization of the improvements will be contingent on approval by both City Councils. All Brooklyn Center property owners in the area affected by the proposed improvements have • been duly notified as required by law. Additional Issue Some residents at the last informational meeting inquired about the possibility of undergrounding the overhead utilities. We have finally received a cost estimate from NSP of $160,000. The total estimated cost of the project is $500,700, which Brooklyn Center and Brooklyn Park would share approximately equally. Brooklyn Center's share would be about $80,000, which would be funded from the Local State Aid Fund or assessed to the property owners. Recommended City Council Action Staff Presentation. Open the Public Hearing on the proposed projects, take public comment, and close the hearing. Decide whether to underground utilities. Consider the improvement projects. A Resolution ordering Improvement Project Nos. 2000 -04, 05, & 06, 73rd Avenue, Humboldt Avenue to Camden Avenue Street, Storm Drainage, and Utility Improvements, and ordering the preparation of plans and specifications is provided. • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NOS. 2000 -04, 05, AND 06, 73RD AVENUE, HUMBOLDT TO CAMDEN, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on February 28, 2000 authorized consideration of street, storm drainage, and utility improvements in the area generally described as 73rd Avenue North from Humboldt Avenue North to Camden Avenue North; and WHEREAS, the Cities of Brooklyn Center and Brooklyn Park have entered into a joint agreement to provide for said improvements; and WHEREAS, the Council has previously received and accepted a feasibility report for said proposed improvements, as prepared by the City Engineer; and WHEREAS, said improvement is necessary, cost effective, and feasible as detailed in the feasibility report; and • WHEREAS, the City Council on the 24th day of January, 2000 adopted a resolution setting a date for a public hearing regarding proposed improvements for 73rd Avenue North from Humboldt to Camden; and WHEREAS, ten days published notice of the hearing was given and the hearing thereon was held on the 28th day of February, 2000, at which time all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the Council has considered all comments, testimony, evidence, and reports offered at or prior to the February 28, 2000 hearing; and WHEREAS, the City reasonably expects to expend monies from the special Assessments Construction Fund, Municipal State Aid Fund, Water Utility Fund, Sanitary Sewer Fund, or Storm Drainage Utility Fund on a temporary basis to pay the expenditures described in this resolution; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax- exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments, or utility fees. The maximum amount of obligations expected to be issued for such project is $70,000; and • WHEREAS, City staff, under the direction of the City Engineer are prepared to prepare plans and specifications for said project. • RESOLUTION NO. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project Nos. 2000 -04, 05, and 06, 73rd Avenue, Humboldt to Camden Street, Storm Drainage, and Utility Improvements, are hereby ordered. 2. The City Engineer is hereby authorized to prepare plans and specifications for said improvement project are hereby approved and ordered filed with the City Clerk. 3. This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulation 1.105 -2 and any successor law, regulation, or ruling. This resolution shall be modified to the extent required or permitted by Treasury Regulation 1.105- 2. Or any successor law, regulation, or ruling. 4. Final authorization of the project is contingent upon similar approval by the City Council of the City of Brooklyn Park. • 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. Cit Brook 3[' � o f n Center y A great place to start. A great place to stay. • 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MINNESOTA 55430 ENGINEERING: 569-3340 FAX: 569 -3494 ENGINEER'S FEASIBILITY REPORT FOR 73rd Avenue North Humboldt to Camden IMPROVEMENT PROJECT NOS. 2000 -04, 05 &06 JANUARY, 2000 - .- I hereby certify that this feasibility report was prepared by me or under my direct . supervision, and that 1 am a duly Registered Professional Engineer under the laws of the State of Minnesota Reg. No. 17657 Scott Brink. P. E. City Engineer January 19, 2000 • Feasibility Report 73rd Avenue North (Humboldt to Camden) Page 1 t OVERVIEW (see Figure 1) These proposed project includes roadway and utility improvements for 73rd Avenue North between Humboldt Avenue North and Camden Avenue North, a distance of 0.5 miles (see Figure 1). The improvement would include the following: reconstruction of the roadway, storm sewer installation, and the replacement of water main and sanitary sewer as needed, along with other private utility upgrades as required. The project was established by City Council on August 9, 1999 per Resolution No. 99 -126. Estimated costs for the proposed improvements are included on the attached cost spread sheet(Figure 6). 73rd Avenue at this location is shared by the Cities of Brooklyn Park and Brooklyn Center, and has been scheduled for improvements in the year 2000 under the Capital Improvement Programs of both cities. The proposed project is therefore being developed and administered jointly by both Cities under a Joint Powers Agreement approved by the Brooklyn Center City Council per Resolution No. 99 -127. This report was prepared in accordance with previous direction of the City Council and that staff would conduct Public Information meetings. On November 8, 1999 and January 10, 2000, public information meetings were conducted by officials from both Brooklyn Center and Brooklyn Park. Comments and input received from residents and property owners throughout the public process has been considered in the preparation of this report. PROPOSED IMPROVEMENTS STREET Improvement Project 2000 -04 (see Figure 2) 73rd Avenue is designated as a Municipal State Aid collector street for both cities, meaning that the street carries an amount of traffic higher than the typical residential street, and State gasoline tax monies are therefore available to assist in funding for the reconstruction of the street. The street is two lanes in width, approximately 30, feet in width, and has very flat grades with no curb and gutter. The age and condition of the pavement has progressed to the stage where rehabilitation of the roadway is considered warranted. The street is nearly 40 years in age and nearing the end of its useful life. This particular street is identified in the City's Pavement Management Program (PMP) as a street needing to be reconstructed rather than sealcoated. The flat grades and lack of curb and gutter do not provide for adequate drainage. Standing water after heavy rainfall events has contributed to the deterioration of the roadway surface. Frequent repairs to the aging water main system beneath the roadway have also contributed to the deterioration of the street. The reconstructed street would therefore include regrading and the installation of concrete curb and gutter to direct runoff to an improved storm sewer system. Because the street is designated as State Aid collector roadway under the transportation plans of both Cities, the street would be designed and reconstructed in accordance with current Minnesota • Department of Transportation design standards. These standards would include curb and gutter and sufficient pavement thickness and street width. Feasibility Report 73rd Avenue North (Humboldt to Camden) Page 2 Input from property owners regarding design of a reconstructed 73rd Avenue has been sought throughout development of this project. In particular, input has been sought and requested from residents at the two informational meeting, and through surveys mailed .to property owners. Many design issues and construction related questions were discussed at these meetings. One particular design issue of significance is determining the width for the reconstructed street. Because the street must be built in accordance with Minnesota Department of Transportation State Aid standards, very specific street widths are required, depending on the amount of parking that is ultimately desired. Specific parking and other needs are discussed with residents while trying to determine a proper width. The existing street is generally 30 feet in width in most locations. In accordance with Minnesota Department of Transportation standards, the following minimum width requirements have been established for Municipal State Aid collector streets: Parking allowed on both sides of the roadway: 38 feet Parking allowed on one side of the roadway: 32 feet In addition to the State imposed standards, it is often desirable to construct a roadway with some additional width that allows an additional margin of safety for bicycle traffic, buses, and snow storage. In discussing the width requirements with the residents, at the first informational meeting, there did not appear to be a clear consensus among hem in regards to a desired width. In past similar projects, g g P P J both Brooklyn Center and Brooklyn Park have typically re -built streets to a width very close to the existing width to maintain consistency and to still provide for at least some parking. Therefore, this feasibility report has been developed with the recommendation of re- building the street to a width of 32 feet. Residents would therefore notice essentially no change from the existing width. However, parking would be restricted to one side of the street only(the south side). This proposal was suggested to the residents present at the second informational meeting and was generally received favorably. Traffic volume and speed surveys have been conducted on 73rd Avenue. Although some cars do exceed the posted speed limit of 30 mph, speeding is not considered to be a problem on 73rd when considering the 85th percentile speed, which is just over 30mph. However, staff will continue to conduct additional traffic data collection work in the area to address specific concerns. There are no new sidewalks proposed as part of the project. Sidewalk however can be installed as part of the project should the residents request(petition) it and agree collectively upon the location(i.e., which side of the street). The cost estimates in this report do include a lump sum allocation ($10,000) for planting boulevard trees in appropriate areas. At this time, staff is working with NSP to determine a cost for upgrading the street lights; therefore no additional cost for street lighting is included in this report. g � g g P • Feasibility Report 73rd Avenue North (Humboldt to Camden) Page 3 STORM DRAINAGE Improvement Project 2000 -05 • (see Figure 3 for proposed storm sewer system) The existing storm sewer system on 73rd Avenue is either undersized or in disrepair in some locations. Therefore, a substantial amount of new and replacement storm sewer is included in this project. The flat grade of the street and lack of curb and gutter to convey drainage have also contributed to standing water and general lack of good drainage after heavier rainfalls. The storm, sewer proposed for the project would generally consist of smaller mains and leads to pick up runoff at localized low spots. Figure 3 shows a preliminary concept for storm drainage improvements to serve the project area. SANITA SEWERS Improvement Project 2000 -06 (see Figure 4) The sanitary sewer in the project area generally consists of 8 inch diameter clay pipe, installed in 1961 and 1962. The sanitary sewer is owned and operated by the City of Brooklyn Center, and serves residents on the Brooklyn Park side of the street as well as Brooklyn Center residents. The sanitary sewer pipe was televised and inspected in November of 1999. With the exception of some isolated points of root penetration or structural problems, the majority of the sewer main pipe is generally in good condition. Both Brooklyn Center and Brooklyn Park however have agreed to replace individual service connections between the main and property lines, due to root infiltrations. Spot repairs and • replacements of the sanitary sewer main itself are included as part of this project. Additional information regarding sewer problems was received from property owners during the public participation process. Based on that information and additional review of other available information, final recommendations will be made during the final design process and project cost estimates will be revised accordingly. WATER MAINS Improvement Project 2000 -06 (see Figure 5) The water distribution system in this particular neighborhood was installed in or around 1962, and generally consists of cast iron pipe. The water main is owned and operated by the City of Brooklyn Center, and serves residents on the Brooklyn Park side of the street as well as Brooklyn Center residents. The water main on 73rd Avenue has an extended history of maintenance problems for Brooklyn Center Water Utility crews; primarily frequent repairs of broken or leaking mains. This can generally be attributed to the age of the main and the older cast iron pipe material used at the time of installation. It is therefore proposed to replace the existing water main with new ductile iron pipe which is much more corrosion resistant and durable long term. Some water quality complaints from residents were also received. It is unknown for certain if any water quality problems can be directly attributed to the City's main or internal piping within individual households. However, replacement of the City's main will at least provide assurances that any rust or minerals from main corrosion will be reduced or eliminated. Feasibility Report 73rd Avenue North (Humboldt to Camden) Page 4 In addition, leaky valves, and aging hydrants would be replaced as part of this work. ESTIMATED COSTS AND FUNDING CONSIDERATIONS (see Figure 6) The total estimated cost for the proposed project is $500,680. This amount would generally be split . g Y P between the two cities. A detailed breakdown of this estimate, as well as funding sources are explained as follows in this report and attachment. -Casts and Funding for Street Improvements: Project No. 2000 -04 The joint powers agreement between the two cities generally provides for a 50150 cost split for the entire project. The City of Brooklyn Center is serving the as the lead administrative agency for the project, and will be billing the City of Brooklyn Park for its share of the costs. Both cities intend to utilize State Aid funding and special assessments to assist in paying for the project. The estimated cost for roadway improvements for 73rd Avenue, is $280,240. If street lighting improvements are included, the estimated cost for those roadway improvements would increase at least some amount. All street, storm sewer, and lighting costs would be eligible for State Aid funding. For Brooklyn Center, it is proposed to levy special assessments for street improvements in accordance with the rates adopted by the City Council on November 8, 1999. The rates adopted by the City Council provide for a standard 2000 residential street assessment rate of $2,180 per residential property. This rate would be assessed to all benefitted residential properties as shown in Figure 1. On this basis it is estimated that special assessments totaling $52,320 would be levied for street improvements. Assessments levied against Brooklyn Park residents would be levied by the City of Brooklyn Park in accordance with its policies and laws. Costs and Funding for Storm Drainage Svstem Improvements. Prgiect No. 2000 -05 The total estimated cost for storm drainage improvements for 73rd Avenue is $60,300. For Brooklyn Center properties, it is proposed to levy special assessments for storm drainage improvements p ments in accordance with the rates adopted by the City Council on November 8, 1999. Application pp tion of this rate to properties benefitted by these improvements will result in estimated special assessments of $710 per single family residential unit. The total cost to be assessed would be $17,040. Costs and Funding for Sanitar ,Sewer an r IV . ain Improvements. Project No. 2000 -Ob Y .. _ sl Wate ... p The estimated cost of sanitary sewer repairs and /or replacements is $52,800, and the estimated costs for water main repair and /or replacements is $107,340. As previously noted, these cost estimates are preliminary at this time. However, all such costs would be funded by their respective utility funds, in accordance with established olic for such improvements. P Y P Feasibility Report 73rd Avenue North (Humboldt to Camden) Page 5 • Recommended 2400 Project Schedule January 24 City Council receives feasibility report and calls for public hearing February 28 Public Hearing, City Council may authorize the project and order preparation of plans and specifications March 13 Approve plans and specifications, authorize Ad for Bids April 5 Bid opening April 10 City Council awards contract April 19 Preconstruction conference April 24 Start construction September 11 Special Assessment Hearing September 30 Substantial completion Conclusion The overall condition of the City's infrastructure system (streets, sewers, utilities) is critical to the operation, safety, welfare, and economic health of the entire City. As a result of the infrastructure needs described, and the proposed solutions and estimated costs described in this report, the proposed project is considered to be necessary, cost effective, and feasible. i 141 Scott Brink, P. E. City Engineer Reg. No. 17657 • Feasibility Report 73rd Avenue North (Humboldt to Camden) Page 6 KVINU AVr-. INC 1 IRVING AVE N --- --- 1600 N. AVE. ---L— HUMBOLDT AVE N N 0 1500 J i GIRARD AVE. ' N. GIRARD AVE N 1400 rmlL Q FREMONT AVE. N FREMONT AVE N 1300 (D EMERSON 1 0 j AVE. N EMERSON AVE N I 1200 V N DUPONT ; I 2 . � i -- 0 DUPONT AVE N CD 0 1100 0 Q. (1) m 0 m x 0 < > o X m ;a w o 4% 0 0 G) COLFAX AVE N r - W - ----- , n m 1000 �O�O �.! \� CD m z CD 'o BRYANT AVE N 900 (D rmlL Z ALDRICH AVE m 800 AVE. N CAMDEN AVE N CAMDEN 700 5TH AVE N ^ � � , / � �__ 600 MTH 252 r%vllv� r%v— IRVING AVE N 1600 AVE. N. cn HUMBOLDT AVE N 1500 j GIRARD AVE N. i GI RARD AVE N o C) 14 F AVE. RE ONT, FREMONT AVE N 1300 7 i i EMERSON, AVE. N. (n EMERSON AVE N CD 0 <� m 1200 0 j f 0 N DUPONT V` :3 cl) DUPONT AVE N J 1100 tom 8 0 3: 0 ;u 0 COLFAX AVE N 0 X 1000 BRYANT AVE N 900 ---------- PQ ALDRICH AVE 800 CAMDEN AVE N CAMDEN AVE. N' 700 5TH AVE N 600 N �I� MTH 252 rxv ll,� IRVING AVE N rn I I � - I -- I it I 1600 AVE. N. HUMBOLDT AVE N o 1500 z I - � . I -_. ,' j GIRARDt AVE. N. I D AVE N I � I � ' � � - < - - - - - 1400 FREMONT AVE. N fmillL cn N %< FREMONT AVE N 1300 EMERSON o VE. N. EMERSON AVE N cn (n 1200 (D DUPON N DUPONT AVE N 0 > 0 1100 A-, 0 m V) m L p COLFAX AVE N , 1000 0��� _I!y` - CD BRYANT AVE N 900 ALDRICH AVE 800 m l t CAMDEN AVE N CAMDEN AVE. 700 5TH AVE N ^ � I� h-- � I '� / ��- 600 -------- MTH 252 � s � IRVING AVE N rn 1600 I AVE. N. 1 HUMBOLDT AVE N 1500 G RARD; AVE. N GIRARD AVE N 1400 rn O IFREMONT AVE. fmIL FREMONT AVE N 1300 �4 EMERSON o AVE. N. EMERSON AVE N cn 1200 DUPONT N DUPONT AVE N > 1100 (D 0 m -L CA 0 0 m X M yN 0 Q 11 I l z i COLFAX AVE N X In 1000 m i jp 777 --J BRYANT AVE N goo a m M -4 M ML 800 ALDRICH AVE z o CAMDEN AVE. K CAMDEN AVE N Aw— 700 5TH AVE N FL� 600 • MTH 252 .p ` i �"" rlLv lll� ING AVE N -- ----- ------ -- IRV 1600 AVE. N. HUMBOLDT AVE N 1500 AVE. N GIRARD, GIRARD AVE N AVE. !N� rn 1400 i F z ■ o I FREMONT FREMONT AVE N 1300 -J- EMERSON AVE. M '-4 EMERSON AVE N !'n 1200 � � � i I DUPONT DUPONT AVE N > 1100 0 0) m 0 0 < X m 0 00 COLFAX AVE N In 1000 CD BRYANT AVE N 900 ALDRICH AVE 800 M CAMDEN AVE N CAMDEN AVE. N 700 5TH AVE N 600 MTH 252 Sheet1 COSTS & FUNDING CONSIDERATIONS 73RD AVENUE NORTH (SAP 109 - 118 -02) - FEASIBILITY SUMMARY 1/20/00 73RD AVENUE NO (MSA) ESTIMATED EXPENDITURE ELIGIBLE NON -ELIG NON -ELIG ESTIMATED STREET STORM SAN. SEW. WATERMAIN TOTAL ESTIMATED CONSTRUCTION COST $ 218,544.00 $ 54,820.00 $ 43,370.00 $ 90,138.00 $ 406,872.00 CONTINGENCY (10 %) $ 21,854.40 $ 5,482.00 $ 4,337.00 $ 9,013.80 $ 40,687.20 SUBTOTAL CONSTRUCTION COST $ 240,398.40 $ 60,302.00 $ 47,707.00 $ 99,151.80 $ 447,559.20 ADMIN, ENG., LEGAL $ 29,842.68 $ 5,087.93 $ 8,191.53 $ 43,122.14 W" REFORESTATION $ 10,000.00 $ 10,000.00 C STREET LIGHTS !TOTAL ESTIMATED PROJECT COST (FEASIBILITY) $ 280,241.08 $ 60,302.00 $ °, ,52,794,93 $ 107,343.33', $ „ 500A68,1.34:: ESTIMATED REVENUE STREET ASSESS 54% _ $2,180 /UNIT X 24UNITS $ 52,320.00 $' S2 SANITARY SEWER FUND $ WATER FUND $ 53,671'.6-7,' STORM DRAINAGE ASSESS 44 %.. =$7101 UNIT X 24 UNITS $ 17,040.00 $ , ;1•T MSA $ 128;597.54 $ 30;15100 1.58 LOCAL STATE AID $ (33,297.00) STORM DRAINAGE UTILITY FUND $. (17,040.00) $ ; ( 1,7;040'.'00,) CITY OF BROOKLYN PARK $ 132,620.55 $ 30,151:00- $ 53,671 6,7 I,$ ,242;$40:68' I TOTAL EST. REVENUE (FEASIBILITY) $ 280,241.09 $ P0,302.00, $; 52;794.93; $ 107,343 33 % $ 500;681 35 Page 1 • City Council Agenda Item No. 9a MEMORANDUM DATE: February 23, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Authorizing Execution of an Agreement with Metricom Inc. To Allow Siting of Wireless Telecommunications Devices in City Right of Way At the January 24, 2000 City Council meeting, the Council was presented with a proposed agreement between Metricom Inc., a wireless Internet service provider, and the City regarding use of the City's right of way. Specifically, Metricom wished to use the City's right of way to place shoebox -sized wireless telecommunication devices on about 75 street light poles in the City. The City Council was uncomfortable about several issues, and asked that consideration of this agreement be tabled until February 28. The Council asked for an opinion from the City Attorney about some liability issues, and also some more information about the proposal. It should be pointed out, as the City Attorney does in the attached opinion, that Metricom (or any telecommunications provider) under the provisions of the Telecommunications Act cannot be prohibited from using the right of way. However the City does have the ability to establish reasonable regulations for the use of right of way. In 1998, the City enacted a right of way ordinance which detailed regulations for using the right of way. The agreement that Metricom proposes is consistent with that ordinance, and in some provisions is more favorable to the City than the ordinance. What the ordinance does not provide for generally, and what is an additional provision of the proposed agreement, is permission to rent City -owned street light poles for placement of the telecommunications devices. It should be noted that most street light poles in the city are owned by NSP, which would be subject to an independent agreement between NSP and Metricom. 1. How is the proposed agreement different from the right of way ordinance provisions? Attached is a memo from the City Attorney which discusses the pros and cons of the proposed agreement versus the right of way ordinance. In general, the proposed agreement is more favorable to the city. For example, the agreement is more favorable to the City in the area of recovery of the costs of administering the use of the right of way. Under the right of way ordinance, there is a fee structure for various types of permits which is intended to recover the costs of administering the right of way use. Under the Metricom agreement, the City would receive 1 percent of the adjusted gross revenues from the sale of • services to customers in Brooklyn Center, or the city may choose to charge actual expenses. If Metricom is successful in marketing its services to customers in Brooklyn Center, this 1 percent may actually exceed the actual cost of administration. If Metricom is not successful . in marketing its services, then the City still retains the right to charge Metricom the actual cost of administration. Under the right of way ordinance, fees are set so that on average administrative costs are met. If for some reason the actual costs of administration are greater than what is recovered through fees, the city is a net loser. 2. What is the City's liability regarding these installations, and what is the City's responsibility for damages? The proposed agreement is more favorable to the City than the right of way ordinance. Under the ordinance, Metricom would be required to indemnify the city for damages arising out of the presence or operation of its facilities. The same is true under the proposed agreement. In other words, if a driver knocked down a light pole and damaged one of these units, and Metricom demanded the driver pay for the damage to the unit, the driver could not turn around and sue the City for allowing such devices on light poles. Under both the right of way ordinance and the proposed agreement, Metricom would not be required to indemnify the city if damages were the result of the City's negligence or willful misconduct. In other words, if a snowplow operator negligently ran into a light pole and the unit fell off and landed on a passing car and damaged it, then the City would be liable for those damages, unless it can demonstrate that the unit was improperly installed. However, under the right of way ordinance, the City would be liable for the cost of repairing or replacing one of these units if it was damaged due to negligence or willful misconduct, but under the proposed agreement only if it was damaged due to willful misconduct. In other words, if a snowplow operator negligently ran into a light pole and the unit fell onto the ground and was damaged, under the right of way ordinance the city would pay for it, but under the proposed agreement Metricom would pay for it. 3. If the City was interested in the free connections, what would they be used for? At this point in time, it is unlikely the City would be interested in these connections. For City purposes this type of access would best be used for field work. The Police MCDs use a proprietary radio system. Public Works field data resides on CD -ROM, or does not require interactivity. Mapping data which would be of interest to Fire or Community Development would likely be CD -ROM based, as it does not change that rapidly. Assessing could possibly utilize such a connection for field access to appraisal data, however, LOGIS for security purposes does not philosophically support live Intranet access to its databases. 4. Could this be used as a replacement for wired long distance? Yes, just as the standard wired Internet connection can be used now for no charge long distance. However, the $350 modem cost makes reaching a break -even point difficult and • hard to justify. s '"« ,a;;s, -rte•. �.s' ". . ' i Existing NSP Cellnet automatic meter reading devices currently located at approximate 1/4 mile increments throughout Brooklyn Center. , ^ +ay ffi� jl r • Metricom Ricochet transceiver, proposed to be mounted at 1/4 to % mile intervals. MEMORANDUM DATE: January 19, 2000 TO: Michael J. McCauley, City Manager FROM: Michael Krech Public Works Specialist I SUBJECT: Resolution Authorizing Execution of an Agreement with Metricom Inc. to Allow Siting of Wireless Telecommunications Devices in City Right of Way Metricom, Inc. has submitted an application to the City to install, maintain and operate a digital wireless data network on street lights throughout the city. The transmitters, which are about the size of a shoe box, will be installed on the mast arms of street light poles and will utilize power from the street light. Metricom has submitted a preliminary plan to install approximately 75 radios evenly distributed throughout the city. The plan will be reviewed with City staff. Metricom will install the radios once final locations are approved. The average installation time for these radios is from 10 - 20 minutes. Installation of all radios within Brooklyn Center will occur within a short amount of time with no permanent impact on the right of way. The City ill receive rent compensation located on a city owned light, although it ty co pensat n for each radio loc ty g g is expected that most poles used will be owned by USWest or NSP. Metricom will make arrangements with the owners of other poles used prior to the installation. As compensation for the City's management costs, Metricom proposes to pay the City one percent of its Adjusted Gross Revenues collected from subscribers in Brooklyn Center. The lease agreement makes provision for up to 10 no cost wireless connections for City use provided the City purchases the $350 special modems that the system requires. City staff and the City Attorney are in the process of reviewing a site lease agreement proposed by Metricom, Inc. This lease agreement has approval from the League of Minnesota Cities and the Suburban Rate Authority. City staff will review of Metricom's construction plans and approve the final locations of the radio transmitters. I recommend the City of Brooklyn Center authorize execution of a Site Lease agreement with Metricom for the purpose of installing, operating and maintaining a digital wireless data communication network, subject to final approval of the site lease agreement by the City Attorney. • 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 Graven (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E D http: / /www.kennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere@kennedy- gmven.com February 10, 2000 Mr. Mike McCauley City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 t RE: Metricom Agreement Dear Mike: At its last meeting, the City Council requested a 'letter discussing the advantages and disadvantages of the proposed agreement with ' Metricom ' for the' use of the right -of -way in the City for the placement of radio antennas on light poles. As background for the consideration of this proposed agreement, I should note that when it became apparent that Metricom wished to move in to a large number of Minnesota cities under a right -of -way agreement, the Suburban Rate Authority and League of Cities undertook to negotiate a standard form of agreement to avoid duplicatioii of °effort on the part of tier hues. . The contract before the City Council is the result of those negotiations. Metricom has agreed to a number of changes suggested by City staff;. however, I would not expect that Metricom would be willing to make major changes to the agreement. A second fact to bear in mind is that Metricom has a legal right to use the right -of -way. That right is subject to reasonable regulation by the City'sudh'as the regulations set forth in the City's right -of -way ordinance. Therefore; if the City does'not eriter into this agreement, Metricom will i CLL- 175929v1 BR291 -197 Mr. Mike McCauley • February 10, 2000 Page 2 of 5 have the right to use the right -of -way subject only to the restrictions and regulations mi the City's right -of -way ordinance. Because of the fact that Metricom has the right to occupy the right -of -way, the City Council's decision whether to enter into the proposed agreement should depend on a comparison of the advantages and disadvantages of the contract terms with the provisions that would apply to the use of the right -of -way under the City's ordinances. Even if the City enters into the agreement, Metricom would continue to be subject to the terms of the right -of -way ordinance in most respects. That is, it would- still be required to register, make reports, secure permits to excavate or obstruct the right -of -way, and the like. However, there are certain differences between the agreement and the right -of -way ordinance. Briefly stated, the advantages of the agreement for Metricom are: 1. That certain aspects of the relationship between the City and Metricom would be fixed by contract for an initial term of nine years with possible extensions totaling up to 15 more. 2. The contract gives Metricom the right to use the City's light poles. Without the agreement, Metricom would have no right to use the City's poles, but would be limited to either making separate arrangements with the City to lease its light poles or entering into agreements with the owners of other light poles in or outside of the right -of -way. 3. The fees to which Metricom would be subject would be fixed by contract, subject to some modification as explained below. Metricom would pay a fee of 1% of adjusted gross revenues to the City as compensation in lieu of other fees after the initial installation. The advantages to the City of the agreement, briefly stated, are: CLL- 175929vl BR291 -197 Mr. Mike McCauley • February 10, 2000 Page 3 of 5 1. Receipt of a modest pole rental of $60 per year per pole if City light poles are used. This rental rate would be increased each five years with the Consumer Price Index. 2. The City would receive 1% of adjusted gross revenues of Metricom of service contracts for customers within Brooklyn Center. 3. Metricom would pay for the expenses associated with legal review of the contract up to $1,000. 4. The City would be given 10 subscriptions to the service provided by Metricom, although I understand that special equipment would have to be purchased by the City to make use of these subscriptions. It may be helpful explanation of he y p for the Council to have a somewhat more detailed p t direct financial impacts of the agreement. Under the City's current right -of -way ordinance, Metricom would have to pay an administrative fee for an initial permit in the amount of $100 plus $50 for each event of obstruction of a traveled portion of the right -of -way ("obstruction fee "). In the future, if it were necessary for Metricom to replace, relocate, or provide service to its units, it would be required to pay $50 each time such activity resulted in an obstruction to the public roadway. Under the agreement, Metricom would be obligated to pay for City permits required for the initial installation of the radios (i.e. $100 plus $50 for each occasion of obstructing the public right -of -way) but would not be required to pay for later obstructions of the right -of -way. Under the right -of -way ordinance, Metricom would not be entitled to use the City's light poles. If it did wish to use the light poles, it would have to enter into a separate agreement with the City for the use of such poles. Under the agreement, the City agrees to allow Metricom to use its CLL- 175929v1 BR291 -197 Mr. Mike McCauley • February 10, 2000 Page 4 of 5 poles, subject to certain review and control by the City, provided Metricom pays an annual rental fee of $60 per year per pole, to be adjusted with the Consumer Price Index. Under the right -of -way ordinance, Metricom is not required to pay any annual fee to the City. Under the agreement, Metricom would pay to the City 1% of the adjusted gross revenues derived from the sale of Metricom's services to - customers within the City of Brooklyn Center. In exchange for payment of this 1% amount, Metricom would be excused from other fees of the City for use of the right -of -way. At the current time, that would mean that Metricom would be excused from the $50 fee for any obstruction of the public roadways for repair, maintenance, or relocation of its antennas. In the future, if the City determines that it is not in the best interest of the City to receive the ' 1% of gross revenues amount in place of the fees which the City would collect under its right -of -way ordinance, it may terminate the arrangement for the receipt of the 1% amount on 90 days notice. After terminating the agreement, the City could collect its actual right -of -way management costs in accordance with state law. However, terminating the 1% fee would not terminate the City's right to have retail service accounts with Metricom. The agreement provides that the City would have 10 free subscriptions to Metricom's service. If the City terminated the collection of the 1% fee and decided instead to recover the actual right -of- way management costs, the amount which the City could recover would be reduced by the retail value of the subscriptions to Metricom's service which were available to the City. In other words, if the City's actual right -of -way costs in a given year were $500, but the value of services provided by Metricom, was $400, the City would only be able to recover $100 through fees for its expenses of right -of -way management. The issue of the City's liability has also been raised. Under the right -of -way ordinance, Metricom would be required to indemnify the City for damages arising out of the presence or operation of its facilities. Metricom would not be able to bring a claim against the City for damages arising out of its activities in the right -of -way. However, this would not require i indemnification of the City for the City's own negligence. Under the proposed agreement, CLL- 175929vl BR291 -197 Mr. Mike McCauley • February 10, 2000 Page 5 of 5 Metricom would also be required to indemnify the City unless damages were the result of the City's independent negligence or willful misconduct or wrongful act. Under the proposed agreement, the City would be liable to Metricom for the cost of repair to damaged radios arising from the willful misconduct of the City. That is, the City would not be liable for damages to radios arising from its ordinary negligence. There is no such limitation of the City's liability for ordinary negligence in the right -of -way management ordinance. Please let me know if you have any further questions. Very truly yours, 4 Charles L. LeFevere CLL:lh CLL- 175929v1 BR291 -197 v r�rr w 1 MEN age MEN � t•R all 1 R_ W limp 1 will OEM `' �' '!! ■ 1. I k � s Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH METRICOM INC. TO ALLOW SITING OF WIRELESS TELECOMMUNICATIONS DEVICES IN CITY RIGHT OF WAY WHEREAS, Metricom, Inc., a Delaware corporation, has submitted to the City a request to lease space within the City Right of Way for the purpose of building and operating a digital wireless data network; and WHEREAS, Metricom, Inc., the City Attorney, and staff have negotiated a lease agreement which is consistent with the City's Policy Regarding Wireless Telecommunications Facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The lease agreement between Metricom, Inc. and the City of Brooklyn Center for the siting of digital wireless data communications facilities at various street light locations in the City is hereby approved, subject to final approval by the City Attorney. The Mayor and City Manager are • hereby authorized to execute said lease agreement. 2. All lease payments collected from said lease shall be deposited into the General Fund. 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. Kennedy 1' 470 Pillsbury Center - 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax H A R T E R _ED http: / %kennedy-graven.COM CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 Email: clefevere@kennedy- gmven.com January 13, 2000 Diane Spector Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 ; RE: Proposed Agreement with Metricom Dear Diane: _, - :.. Z. • You have asked for . m y m: co .. ment •..:. _ :... - .. - '... ... .. .... .. .. • on the proposed Right-of-Way Permit. and Facility Use Agreement proposed by Metricom, Inc. Section 1.8 of the Agreement defines "municipal facilities ". I understand that the city is concerned about the placement of antennas on facilities other than light poles and lighting fixtures because of the possible impact on operations and public safety. I believe that this concern could be addressed by adding the word "or" before the word "electroliers ", deleting the words "or other City -owned structures" and adding the following sentence at the end of Section 1.8: "City -owned structures other than light poles, lighting fixtures, and electroliers, may be included as municipal facilities if specifically authorized in writing by the City upon request from Metricom." Section 1.7 defines the public right -of -way. The City is concerned that the rights conferred under this Agreement not extend to City parks, public buildings, and the like. I believe that this concern would be addressed by deleting the words "and places" from the first sentence of the definition and placing the word "and" before the words "bicycle lanes ". Under Section 2, the.initial term of the Agreement is nine years.. As noted in your e-mail to me, the City's policy has been to lease water tower space to telecommunications providers for an initial lease term'of five years. To make this Agreement consistent with the past City policy on these matters, the initial nine -year term should be amended to five years. • Section 3.5 rovides that radio " p ra locations are subject to the reasonable prior review and approval of the City ". I have no reason to believe that the City wound be unreasonable in disapproving a proposed radio location. However, a disapproval by the City of a radio in a specific location CLL- 174675v1 BR291 -197' J; Diane Spector ' January 13, 2000 Page 2 of 2 could be challenged as a breach of contract. The City's decision could be based on legitimate concerns about the safety, or effect on municipal communications or operations or on other users Of the right -of -way. But the City may not be in a position to prove that radios in such locations would in fact have such an adverse impact. Therefore, the denial could be challenged as unreasonable. It would be preferable if the .contract stated that the location could be approved by the City in its absolute and sole discretion. However, it seems to me that a fair compromise would be to delete the word "reasonable" in Section 3.5. Finally, the City is concerned about Section 6.2 under which the City is liable for damage to the radio caused by the City's negligence. Without more knowledge or information about the location of the antennas or what care must be exercised in order to prevent damage to them, the City is not in a position to determine whether it is willing to assume some standard of care to Prevent such damage. The City would prefer to have Metricom assume damage to its radios as a matter of business risk and take such steps as are necessary to prevent damage to them. It does not seem unreasonable to me that the City would be responsible for damages caused by the willful misconduct of its employees. Therefore, I would recommend that the words "negligence or" be deleted from Section 6.2. Please let me know if you have any further questions. Very truly yours, Charles L. LeFevere CLL jes • BROOKLYN CENTER Right -of -Way Permit and Facility Use Agreement T , HIS RIGHT -OF -WAY USE_ AGREEMENT (this "Use Agreement') is dated as of (the 'Effective Date "), and entered into by and between the CITY OF BROOKLYN CENTER, a Minnesota local government unit (the "City"),_ and METRICOM, INC., a Delaware corporation ( "Metricom'). Recitals A. Metricom owns, maintains, and operates, in accordance with regulations promulgated by the Federal Communications Commission, a mobile digital data communications radio network known as Ricochet®, utilizing Radios (as defined in § 1.10 below) and related equipment certified by the Federal Communications co B. For purpose of operating RicochetV, Metricom wishes to locate, place, attach install, operate, and maintain- Radios- in the Public Right of Way (as defined in • § 1.9 below) on facilities owned by the City, as well as on facilities owned by third parties therein. Agreement Now, therefore, for good and valuable consideration, the receipt and sufficiency of which_ are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1 DmNmoNs. The following definitions shall apply generally to the provisions of this Use Agreement: 1.1 Adjusted Gross Revenues. "Adjusted Gross Revenues'' means the gross dollar amount received by Metricom for its Services (as defined in § 1.11 below) provided to subscribers with billing addresses in the City, excluding (i) any utility users' tax, communications tax, or similar tax or fee; (ii)_ local, state,_.or federal taxes that have been billed to the subscribers and separately stated on subscribers' bills; and (iii) revenue uncollectible from subscribers (fe., bad debts) with billing addresses in the City that was previously included in Adjusted Gross Revenues. • Right-of-Way Perron and Facility UseAgreement City of Brooklyn Center :: Metrieom, Inc Page lof 16 1.2 City. "City" means the City of BROOKLYN CENTER. 1.3 Fee. "Fee" means an assessme license cha fee, imposition, tax, or Y � � g p Ievy of general application to entities doing business in the City lawfully imposed by any governmental body (but excluding any utility users' tax, franchise fees, communications tax, or similar tax or fee). 1.4 bistallation Date. Installation Date shall mean the date that the first Radio is installed by Metricom pursuant bo this Use Agreement. 1.5 Laws. "'Laws" means any and all statutes, constitutions, ordinances, resolutions,- regulations, judicial. decisions- rules, tariffs, administrative orders, certificates, orders, or other requirements of the City or other governmental agency having joint or several jurisdiction over the parties too this Use Agreement 1.6 Meh icom_ "Metricom" means. Metricom,. Inc., a corporation duly organized and existing under the laws of the State of Delaware, and its lawful successors, assigns, and transferees. 1.7 MPUC. " MP= means the - Nim - nesota Public Utility Commission. 1.8 Mutticipal Faca ties. "Municipal Facilities" means City -owned street light poles, lighting. fixtures,. electroliers,. or other City -owned structures located within the Public Right of Way and may refer to such facilities in the singular or plural; as appropriate to the context in which used. 1.9 Public Right of`Way. "Public Right of Way" means the space in, upon, above, along, across, and over tile. public streets, roads, highways, lanes, ca.rtways, courts, ways, alleys, boulevards, sidewalks, bicycle lanes, and places, including all public unity easements and public service easements as the same now or may hereafter exist, that are under the jurisdiction of the City. This term shall not include county, state, or federal rights of way or any property by any FcIbWL or other than the City, except as provided by applicable Laws or pursuant to an agreement between the City and any such person or entity. If the City adjusts its boundaries pursuant to Minn: Stat, Chap: 414 through annexation, incorporation, combination, detachment or other means, this Use Agreement shall be binding on the entire area within the City's boundaries after the adjustntent- 1.10- Ratho "Radii," means the radio, equipment, whether referred to singly or collectively, to be installed and operated by Metricom hereunder. • Right- of-Way Permit and Facility Use Agreement City of Brooklyn Center :: Metricon; Inc. Page 2of 16 • 1.11 Services. "Services" means the mobile digital communications services provided through Ricochet® by Metricom, which services consist principally of wireless Internet, e-mail and local area network access and may include transmission of sound and video images; provided, however, that "Services" shall not be construed, interpreted or applied to authorize either real time telecommunications services (including telephone and voice) or video. or cable television communications services except as may be considered standar& T T. i L ... G l content 2 TERM 71us Use Agreement shall be effective as of th e Effective Date and shall extend for a germ of nine (9) years commencing on the Installation Date, unless it is earlier terminated by either party in accordance with the provisions herein. The germ of this Use Agreement shall be c vc�vv cd automatically for (3) successive terms of five (5) years each on the same terms and conditions as set forth herein, unless either party notifies the other of its intention not to renew not less than one hundred eighty ( 18%- calendar days prior to commencement of the - relevant renewal term. 3 - scorE of usE AoR EmwEw. Any and all rights �.. sly granted to Metricom under this Use Agreement, which shall be exercised at Metricom's sole cost and expense, shall be subject to the prior and continuing right of the City under applicable Laws to use any and all parts of the - Public Right of Way exclusively or concurrently with any other person or entity and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect the Public Right.of Way_ Nothing in this Use- Agreement shall be deemed to grant, convey, create, or vest in Metricom a real property interest in land, including any fee, leasehold interest; or easement Any work performed pursuant to the rights granted under. this -Use- Agreement.shall. be .subject. to the reasonable prior review and approval of the City. 3.1 Attachment to Municipal Facilities. The City hereby authorizes and permits Metricom to enter upon the Public Right of Way and to locate, place,- attach, install,- operate, maintain, remove, reattach, reinstall, relocate, and replace Radios in or on Municipal Facilities for the purposes of operating RicochetO and providing Services. In addition, subject to the provisions of § 4.3 below, Metricom shall have the right to draw electricity for the operation of the Radios from the power source associated with each such attachmentto Municipat Facilities. 12 Attachment to `1 hird Party Property. Subject to obtaining the permission of the owner(s) of the affected property, the City hereby authorizes and permits Metricom to enter upon the Public Right of Way and to attach, install, .r�,��ai�; u.«.�i�:u., .c.�.vuc; reattach; reinstall, relocate, and replace • Right- of-Way Permit and Facility Use Agreement City of Brooklyn Center:: Metricom, Inc. Page 3 o 16 such number of Radios in or on poles or other structures owned by public utility companies or other property owners located within the Public Right of Way as may be permitted by the public utility company or property owner, as the case may be for the purposes of operating Ricochet& and providing Services. Upon request, Metricom shall furnish to the City documentation of such permission from the individual utility or property owner responsible. City agrees to cooperate with Metricom, at no cost or° expense to City; in obtaining where necessary the consents of third -party owners of property located in the Public Right of Way. 3.3 No Interference. Metricom in the performance and exercise of its rights and obligations under this Use Agreement shall not interfere in any manner - with the existence of any and all public and private rights of way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television, and other information = or communications, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable Laws= or this Use Agreement City agrees to use reasonable efforts to require the inclusion of the same or a similar prohibition on interference as that stated above in all agreements and franchises City . may enter inta after the Effective Date. with other information or communications providers and carriers. 3.3.1 I h - .LC- r"V— ...-ic. Resohation. Any actual or anticipated radio interference caused by either the presence of the Radios or the presence of any such other communications equipment or devices in the Public Right of Way shall- be resolved by Metricom and any such other providers without cost to City on the basis of the applicable rules, regulations, practices, and procedures of the FCC. City agrees to assist Metricom in the resolution of any such interference dispute at MetriconYs sole expense. 3:4 Compiian€e with Law& Metricom shall- comply with all applicable Laws in the exercise and performance of its rights and obligations under this Use Agreement The Right -of -Way Management Reimbursement provided: for in- § 4..1 below shall- be in lieu of all other City fees, with the exception of any City permits required for the initial installation of the Radios. City shall promptly respond to Metricom's filings and shall otherwise cooperate with Metricom- in. facilitating the deployment of Ricochet® in the Public Right of Way in a reasonable and timely manner. • Right-of-Way Permit and Facility Use Agreement City of Brooklyn Center:: Metricom, Inc. Page 4of 16 3.5 Location and Installation of Radios. The proposed locations of • Metaricom�s planned initial installation of Radios shall be determined subject to the reasonable prior review and approval of the City, promptly after Metricom's review of available street light maps and prior to deployment of the Radios. Upon the completion of installation, Metricom promptly shall furnish to the City a pole list showing the exact location of the Radios in the Public Right of Way. 4 COMPENSATION; U TILITY CHARGES Metricom shall be solely responsible for the payment of all lawful pees in connection with Metricon's performance under this Use Agreement, in accordance with the berms set forth below. 4.1 Right -of -Way Management Reimbursement. In order to reimburse City for any right-of-way management costs it may incur during the term of this Use Agreement fallowing the initial deployment of the Radios in connection with Metricom's entry upon and deployment within the Public Right of Way, Metricom shall pay to the City, on an annual basis, an «u.O U & c l to one percent (1%} of Adjusted-Gross Revenues (the "Right- of-Way Management Reimbursement."), which amount may be collected from subscribers of the Services with billing addresses in the City and remi ed to City as- provided herein. The- parties agree that such Right -of -Way Management Reimbursement represents a fair estimate of the costs of continuing management of the Public Right of Way utilized by Metricom and thatsuuch Right -cif -Way Management-Reimbursement is not a franchise fee or payment for use of the Public Right' of Way. The Right- of-way Management Reimbursement shall be payable for the period t'ommPncin� upon the.date_thatServices are offered to commercially paying subscribers within the City using Radios installed pursuant to this Use Agreement and ending on the date of termination of this Use Agreement and shall be due on or before the 45th day after the end of each calendar year or fraction thereof Within forty -five (45) days after the termination of this Use Agreement, shaflbe paid for period elapsing since the end of the last calendar year for which compensation has been paid. Metricom shall furnish to the City with each payment of compensation '- a - executed by an authorized officer of lR"..q"AXr -Gx by Metricom or his or her designee, showing the amount of Adjusted Gross Revenues for the period covered by the payment If Metricom discovers any error in the correct amount of compensation- due, the City shall be paid within thirty (30) days of discovery of the error or determination of the correct amount Any overpayment to the City through error or otherwise shall be refunded or offset.against tle n+extpaymentdue. Acceptance by the Right- of-Way Permit and Facility Use Agreement City of Brooklyn Center :: Metricorn Inc. Page 5of 16 City. of any payment due under this section shall not be deemed to be a waiver by the City of any breach of this Use Agreement occurring prior thereto nor shalt the_ acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due or from collecting any balance due to the City. City may, at any time, at City's sole option, upon ninety (90) days written notice, require Metricom to discontinue the Right -of -Way Management Reimbursement compensation. Upon receiving such notice Metricom shall, no later than ninety (90) days after receiving such - notice, cease making all compensation payments that would have been payable after such ninety (% day notice period. If City requires such a- discontinuation of Right -of- Way Management Reimbursement compensation, - the City may then charge, on an annual basis, its actual Right -of -Way Management costs (pursuant to- Minnesota� St i -totes Sec. 237.162, Subd. 9 and Sec. 237.163, Subd. 2 (b)), that are incurred after the expiration of the ninety (90) day period described above. Metricom shall only be liable for such actual annual. Right of-Way management cosh. to _ the extent such costs exceed the annual retail value of the service subscriptions for which the City is eligible under Section 45ofthis Agreement: 4.1.1 Reduction of Right -of -Way Management Reimbursement by Amour Amoun of. U ilit`y Users_ or Communications Tax. Notwithstanding anything to the contrary in this Use Agreement, if the Services are subject to a utdity users tax, communications tax, or other similar tax or fee which accrues to the City by operation of the City's Municipal Code or other applicable law, then the amount of the Right-of-Way Management Reimbursement shall be reduced by the amount of the applicable utility users tax, communications tax, or such other similar tax or fee. 4.1.2 Accounting Matters. Metricom shall keep accurate books of a..w ai 6 at its principal office in Los Gams or- such other location of its choosing for the purpose of determining the amounts due to the City under § 4.1 above. The City may inspect Metricom's books of account relative to the • City at- any time • during regular business hours on thirty (30) days' prior written notice and may audit the books from time to time at the City's sole expense, but in each case only to. the extent necessary to confirm the accuracy of payments due under § 4.1 above. Alternatively, Metricom will make available for inspection by the City at Metricom's office located closest- to the City, upon thirty, (30) days. prior written notice, the • Right -of -Way Permit and Facility Use Agreement City of Brooklyn Center:: Metricom, Inc. Page 6of 16 relevant portions of its books and records as reasonably necessary to confirm the accuracy of any payments due the City under this Use Agreement: The City agrees to hold in confidence any non-public information it learns from Metricom 'to the fullest extent permitted by Law. 4.2 Annual Fee. As compensation for the use of Municipal Facilities, Metricom shall pay to the City an annual fee (the "Annual Fee ") in the amount of Sixty Dollars ($60.00) for the use of each Municipal Facility, if any, upon which a Radio has been installed pursuant to this Use Agreement Where light poles or other facilities to be used by Metricom within the Public Right of Way are owned by a utility, such annual fee shall be paid to the appropriate utility and not to the City. The aggregate Annual Fee with respect to each year of the term shall be an amount equal to the number of Radios installed on Municipal Facilities during the preceding twelve (12)- months multiplied by the Annual Fee, prorated as appropriate, and shall be due and payable not lager than forty -five (45) days after each anniversary of the Installation Date. City represents and covenants that City owns all Municipal Facilities for the use of which it is collecting from Metricom the Annual Fee pursuant to this § 4.2. 4.2.1 CPI Adjustment. Effective commencing on the fifth (5th) anniversary of the Installation Dane and continuing on each fifth (5 anniversary thereafter during the term, the Annual Fee with respect to the ensuing five -year period shall be increased by a percentage amount equal to the percentage increase, if any, in the U.S. -_ Department of Labor, Bureau of Labor Statistics Consumer Price Index (All Items, All Consumers, 1982 -1984 =100) which occurred during the previous five -year period for the Midwest Urban Region Consolidated Metropolitan Statistical Area. 4.3 Electricity Charges. Metricom shall be solely responsible for the payment of all electrical utility charges to the applicable utility company based upon the Radios' usage of electricity and applicable tariffs. 4.4 Reimbursement of Cityrs Project Review Ekpenses. Metricom shall reimburse the City at City's standard rates for reasonable attorney's fees and other project review expenses relating to the preparation and review of this Use Agreement, promptly upon receipt of itemized bills, paid invoices, and other such documentation as Metricom shall reasonably require, and in a total amount not to exceed One Thousand Dollars ($1,000). The reimbursement provided for-in this § 4.4 shall not replace or . Right- of-Way Permit and Facility Use Agreement City of Brooklyn Center:: Metricon4 Inc. Page 7of 16 excuse Metricom from the payment of any applicable permit fee for work undertaken pursuant to the initial installation of the Radios. 4.5 Municipal Subscriber Program. City shall have `the right throughout the term. of this Use Agreement to receive up to the m4ximu n number specified below (based upon the City's population) of free RicochetO basic service subscriptions: The number of free subscriptions which the City may receive. shall -be determined -in accordance with the City's official population, as shown on the latest available census data, as follows: (a) for municipalities - with a population of less than 1fl0;000 up to a maximum of ten (10) free subscriptions; (b) for municipalities with a population of between 100,000 and 249,000, up to a maximum of fifteen (15) free subscriptions; for munid ties with a tices of between 250,000 Pti (� PoPu la and 500,000, up to a maximum of twenty (20) free subscriptions; and (d) for municipalities of over 500,000, up to a maximum of twenty -five (25) free subscription City shill desq;naba one persw who shall be responsible for ordering and receiving any subscriptions. To take advantage of this program, the designated individual should contact Metricohn=s Network= Real Estate -- Department: at the- address stated in § 8 below City's right to use the subscriptions shall commence at the time that RicochetO service is commercially available in the City and shall extend until the expiration of the term of this. Use Agreement or through the length of time that Radios are deployed in the Municipal Right of Way, whichever is longer. City`s use of the subscriptions shall be subject to the standard Ricochet@ terms and conditions of use. City understands and agrees that modems and equipment required to utilize the subbL.,t iVLiw t and any additional service subscriptions m service options the City may desire may be obtained from an authorized retailer at market rates current from time to time. City shall use all subscriptions provided pursuant to this section solelT for its own- artd shalt npt be entitled to resell, distribute, or otherwise permit the use of same by any other person, excepting a local public entity that provides public service within the corporate boundaries- of the City (e.g., municipal schoa4s, public safety, or- fire departments, etc.). The level of benefits and service provided to City by Metricom as "basic service" shall not be diminished or reduced during the term of thi Use Agreement or renewal thereof or prior to its cancellation or termination, as the case may be. 4.6 Most - Favored Municipality Clause. Should Metricom after the parties' execution and delivery of this Use Agreement enter into a right -of -way permit and facility use agreement with another municip4lity of the same Right- of-Way Permit and Facility Use Agreement City of Brooklyn Center:: Metricom, Inc. Page Sof 16 i size or smaller than the City as compared with cities in the Minnesota counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington, which agreement contains either (a) a higher Right-of Way Management Reimbursement as described in § 4.1 above or (b) a higher Annual Fee as described in § 4.2 above or (c) a higher amount of Reimbursement of City's Project Review Expenses as described in § 4.4 above, City shall have the right to require that Metricom modify this Use Agreement to incorporate the same or substantially similar superior benefits and such other terms. 5 RELOCATION AND DISPLACEMENT of RADIOS. Metricom understands and acknowledges that City may require Metricom to relocate one or more of its Radios, and Metricom shall at City's direction relocate such Radios at Metricom's sole cost and expense, whenever City reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, completion, repair, relocation, or maintenance- of a City project; (b} because the Radio is interfering with or adversely affecting proper operation of City -owned light poles, traffic signals, or other Municipal Facilities; or (c) to protect or preserve the public health or safety. In any such case, City shall use reasonable efforts -to afford Metricom a reasonably equivalent _ alternate location with no duty to incur any expenses or cost to City. If Metricom shall faif to relocate any Radios as requested by the City within a reasonable time under the circumstances in accordance. with the foregoing provision, City shall be entitled to relocate the Radios at Metricom's sole cost and expense, without further notice to Metricom. To the extent the City has actual knowledge thereof, the City will attempt promptly to inform Metricom of the displacement or removal of any pole on which any Radio is located. 5.1 Relocations at Metricom's Request. In the event Metricom desires to relocate any Radios from one Municipal Facility to another, Metricom shall so advise City. City will use reasonable efforts to accommodate Metricom by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Use Agreement 5.2 Damage to Public Right of Way. Whenever the removal or relocation of Radios is required or permitted under this Use Agreement; and such removal or shall cause the Public Right of Way to be damaged, Metricom, at its sole cost and expense, shall promptly repair and return the Public Right of Way in which the Radios are located to a safe and satisfactory condition: in- accordance- with applicable Laws, normal wear and tear excepted. If Metricom does not repair the site as just described, then the City shall have the option, upon fifteen (15) days' prior written • Right- of-Way Permit and Facility Use Agreement City of Brooklyn Center:: Metricom, Inc, Page 9of 16 notice to Metricom, to perform or cause to be performed such reasonable and necessary work on behalf - of Metricom and to charge Metricom for the proposed costs to be incurred or the actual costs incurred by the City at City's standard rates. Upon the receipt of a demand for payment by the City, Metricom shall promptly reimburse the City for such costs. 6 DTDEAINMCATFON AND WAIVER. M etricom agrees to indemnify, defend, protect, and hold harmless the. City, its council members, officers, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgements, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense (collectively, the "Losses") directly or proximately resulting from Metricom's activities undertaken pursuant to this Use Agreement; except to the extent arising from or caused by the negligence or willful misconduct of the City, its council members, officers, employees, agents, or contractors. The foregoing notwithstanding,. Metricom shall- defend - and indemnify the City, and its officers and employees, even in the case of negligence, unless the allegations allege (a) independent negligence on the part of the City, its officers and employees or (b) a wrongful act or omission on the part of the City or its-officers-or. employees. Metricom; shall also defend and indemnify the City, its officers and employees, even in the case of negligence, if the allegations are based on the City's or its officers or employees' negligence or otherwise wrongful act or omission in issuing, a permit t a Metricom or approving this Use Agreement, or in failing to properly or adequately inspect or enforce compliance with the terms, conditions or purpose of any permit issued too Metricom. 6.1 Waiver of Claims. Metricom waives any and all claims, demands, causes of action, and- rights- it-may assert against the City on account of any loss, damage, or injury to any Radio or any loss or degradation of the Services as a result of any event or occurrence which is beyond the reasonable control of the City or on, account of City's exercise of its regulatory or police powers. 6.2 Limitation of City's Liability. The City shall be liable only for the cost of repair to damaged Radios arising from the negligence or willful misconduct of City, its employees, agents, or contractors. 7 IN SURANCE. Metricom. shall, obtain and maintain at all times during the berm of this Use Agreement Commercial General Liability insurance and Commercial Automobile Liability insurance protecting Metricom in an amountnot less than One Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and property damage, and in an amount not less than One Million Dollars ($1,000,000) annual a �� «te for each personal injury liability and products - completed operations. Right- of-Way Permit and Facility Use Agreement City of Brooklyn Center:: Metrfeom, Inc. Page 10of 16 • The Commercial General Liability insurance policy shall name the City, its council members, officers, and employees as additional insureds as respects any covered liability arising_ out of Metricom's performance of work under this Use Agreement: Coverage shall be in an occurrence form and in accordance with the limits and provisions specified herein. Claims -made policies are not acceptable. Such insurance shall not be canceled, nor shall the occurrence or aggregate limits set forth above be reduced, until the City has received at least thirty (30) days' _advance written notice of such cancellation or change. Me it_VUL shall be responsible for notifying the City of such change or cancellation. Prior to any five(5) -year renewal term, pursuant to Section 2 of this Use Agreement; the parties may in good faith bargain to increase the above minimum insurance amounts, if such an increase is warranted by industry standards. Such increase, if any, shall not be effective until the commencement of such renewal term. Prior to any five(5 )-year renewal term, pursuant to Section 2 of this Use Agreement- the City may request and the- parties shall bargain in good faith to increase the above minimum insurance amounts, if such an increase is warranted by industry standards or specific identified risk Such increase, if any, shall not be effective until the commencementof such renewal berm... 7.1 Filing of Certif icates- and Endorsement.. Prior to the commencement of any work pursuant to this Use Agreement, Metricom shall file with the City the required original certificate(s) of insurance with endorsements, which shall-stale- the following:_ (a.} the pohc -y numbeer;. name of insurance company; name and address of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specific coverage amounts, (h� that the City shall: receive thirty (30)_ days' prior notice of cancellation; (e) that Metricom's Commercial General Liability insurance policy is primary as respects any other valid or collectible insurance that the City may possess, including_ any self- insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance; and (d) that Metricom's Commercial, General Liability insurance policy waives any right of recovery the insurance company may have against the City. • Right- of-Way Permit and Facility Use Agreement City of Brooklyn Center :: Metricony Inc. Page 11 of 16 The certificate(s) of insurance with endorsements and notices shall be mailed W the City at the address specified in § 8 below. 7:2 Workers' Compensation Insurance. Metricom shall obtain and maintain at all times during the term of this Use Agreement statutory workers' compensation and employer's liability insurance in an amount not less than One MiMon Dollars ($7 and shall furnish the City with a certificate showing proof of such coverage. 7.3 Insurer. Criteria._ Any insurance provider of Metricom shall be admitted and authorized to do business in the State of Minnesota and shall carry a minimum rating assigned by A.M. Best & Company's Key Rating Guide of "A" Overall and a Financial Size Category of "X" (i.e., a size of $500,000,000 to $750,000,000 based on capital, surplus, and conditional reserves). li,suitutce policies and certificates issued by non - admitted insurance companies are not acceptable. 7.4 Severability of Interest. Any deductibles or self- insured retentions must be stated on the certificate(s) of insurance, which shall be sent to and approved by the City "Severability of interest`' or "separation of insureds" clauses shall be made a part of the Commercial General Liability and Commercial Automobile Liability policies. 8 N OTICES. All notices which shall or may be given pursuant to this Use Agreement shall be in *v L- and delivered r �.��«lly or- transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery through the- U. S. mail or by overnight delivery service as just described, addressed as follows: if to the City: C M OF BROOKLYN CENTER Attn: City Manager - Michael McCauley 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2119 if to Metricom: MEMCOK INC., Attn: Network Real Estate 980 University Avenue Los Gatos, CA 95032 . Right- of-Way Permit and Facility Use Agreement City of Brooklyn Center:: Metricom, Inc. Page 12of 16 8.1 Date of Notices; Changing Notice Address. Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. 9 TERAUNAUON. This Use Agreement may be terminated by either party upon forty five (45) days' prior written notice to the other party upon a default of any material covenantor term hereof by the other party; which default is not cured within forty -five (45) days of receipt of written notice of default (or, if such default is not curable within forty -five (45) days, if the defaulting party fails to commence such cure within forty -five (45) days or fails thereafter diligently to prosecute such cure to completion), provided that the grace period for any monetary default shall be ten (10) days from receipt of notice. Except as expressly provided herein, the rights granted under this Use Agreement are irrevocable - daring the-term. - - 10- AssiGNwNF. This Use shall not be assigned by Metricom without the express written consent of the City, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and obligations of Metricom hereunder to a parent, subsidiary, or financially viable affiliate of Metricom or to any successor -in- interest or entity acquiring all or substantially all of • Metricom's outstanding voting stock or assets shall not be deemed an assignment for the purposes_ of. this, Use. Agreement. 11 A&SCELLA1VEOUSTROVISI4NS. The provisions -which follow shall apply generally to the obligations of the parties under this Use Agreement 11.1 Nonexclusive Use. Metricom understands that this Use Agreement does not provide Metricom with exclusive use of the Public Right of Way or any Municipal Facility and, that City shall have the right to permit other providers of communications services to install equipment or devices in the Public Right of - Way and on Municipal Facilities. City agrees promptly to notify Metricom- of the receipt of a_ proposal for the installation of communications equipment or devices in the Public Right of Way or on Municipal Facilities. In addition, City agrees to advise other providers of communications services of . the presence or planned deployment of the Radios in the Public Right of Way and /or on Municipal Facilities. 11.2 Waiver of Breach. The waiver by either party of any breach or violation of any provision of this Use Agreement shall not be deemed to be a waiver or a continuing_ waiver of any subsequent breach or violation of the same or any other provision of this Use Agreement • Right- of-Way Permit and Facility Use Agreement City of Brooklyn Center:: Metricom, Inc. Page 13of 16 • 11.3 Severability of Provisions. If any one or more of the provisions of this Use Agreement shall be held by court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such provision(s) shall be deemed severable from the re mainin g provisions of this Use Agreement and shall not affect the legality, validity, or constitutionality of the remaining portions of this Use Agreement Notwithstanding the foregoing, the -parties agree that if a court or administrative agency of Lam, tt jurisdiction should declare a provision(s) of Section 4 of this Use Agreement invalid, then the parties shall each be obligated to negotiate in good faith to amend Section 4 of this Use Agreement and if, after one hundred and eighty (18G) days from the commencement of negotiations or such extension thereof that may be agreed by the parties, the parties are unable to reach agreement on amendments hereto, then this -Use Agreement may be terminated by either party. 11.4 Contacting Met ricom. Met ricom- shall- be available to the staff employees of any City department having jurisdiction over Metaricom's activities twenty -four (24) hours a day, seven (7) days a week, regarding problems or complaints: resulting from the at tachmenty installation, operation, maintenance, or removal of the Radios. The City may contact by telephone the network control center operator at telephone number (800) 87.3 -3468_ regarding such- problems or complaints. 11.5 - Governing_ Law; jurisdiction._ This Use Agreement shall be governed and construed by and in accordance with the laws of- the State of Minnesota, without reference fo its conflicts of law principles. If suit is brought by a party to this ,Use_ Agreements the parties agree that trial of such action shall be vested exclusively in the state courts of Minnesota, County of Hennepin, or in the United States District Court for the District of Minnesota. 11.6 Attorneys' Fees. Should any dispute arising out of this Use Agreement lead to litigation, the prevailing party shall be entitled to recover its costs of suit up to an amount of Five Thousand Dollars ($5,000.00), including (without limitation) reasonable attorneys' fees. 11.7 Consent Criteria. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Use Agreement such party shall not unreasonably delay, condition, or withhold its approval or consent 11.8 Representations and Warranties. Each of the parties to this Agreement represents and warrants that it has the full right; power, legal capacity, • Right- of-Way Permit and Facility Use Agreement City of Brooklyn Center:: Metricom, Inc. Page 14of 16 and authority to enter into and perform the parties' respective obligations • hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in connection herewith, except as provided in § 3.2 above. 11.9 Amendment of Use Agreement. This Use Agreement may not be amended except pursuant to a written instrument signed by both parties. 11.10 Entire Agreement. This Use Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Use Agreement which are not fully expressed herein. • Right -of -Way Permit and Facility Use Agreement City of Brooklyn Center:: Metricom, Inc. Page 15of 16 • I n w i t n e S S wh e r e o f, and in order to bind themselves legally to the terms and conditions of this Use Agreements the duly authorized representatives of the parties have- executed this Use Agreement as of the Effective Date. City:- CITY -OE BROOKLYN CENTER, a Minnesota municipal corporation By: Michael McCaulev [name typal] Its: Citv Manager Date: By: Mvma Kraeness Iname typed] Its. Mavor Date-- • Metricom: METRICOM, INC., a Delaware corporation By: Iname typaij Its: Date: • Right -of -Way Permit and Facility Use Agreement City of Brooklyn Center:: Metricom, Inc. Page 16of 16 IINII t` S f RICOCHET ® 'BY ME RICOW0 BETTER WIRELESS D A SERVICES FOR YOUR COMM TY tl `K "Having Ricochet me a s that the students at Malcolm X Eleme tary are able to access a very crucia research and communications t ol, and, ultimately, become better lif long learners." DR. JOHN P ELL, PRINCIPAL MALCOLM X LEMENTARY, WASHINGTON, D.C. Metricom RICOCHET BY METRICOM Would you like to offer your community low -cost, high -speed online access — with no cabling, trenching or public investment? Metricom's fourteen -year track record speaks for itself. Our experience enables us to offer the _. fastest and most reliable mobile data services in "San J se is known throughout the world as the the industry. Leapfrogging current performance Capi l of Silicon Valley. We have earned this standards, our new network will provide your constituents wireless Internet, e-mail, and local disti ction, not only because we house the nation's area network access at speeds up to 128 Kbps — top high -tech firms in our own backyard, but comparable to expensive ISDN connections. be use we use the latest state -of -the -art technology i our day -to -day operations. Our police and fire eams, finance department, libraries, and Inter- national Airport management use Metricom's wireless data network to access information and communicate in real time from off -site locations. lift Being able to utilize key technology while retaining a sense of community is San Jose's key to success. " MAYOR SUSAN HAMMER CITY OF SAN JOSE j p WIRELESS ' With Ricochet service, inspectors can issue permits from the geld, mobile libraries can have Internet access, attorrae .S -can_ check e-mail from the COU c contractors can keep in tV 3. touch " randparents can . s,• communic ones online. The uses are practically limitless! a 994' t f P r r Ci o Cu ertino California, and Stanford University test Ricochet •u «> Tai. SIMPLE ,.a . ' Because'Metricom's Ricoche poletop radios are sasimple to �. install, bringing wireless ternet access to public agencies, T_ schools, and corporate t�nants becomes much easier —\even in difficult to provide additi areas where it would b' d p ca hug. k� , w_ Man small and lar co rP orations use Ricochet w�reless� � g technology extensiv ly. They appreciate the flexibility of b g able to relocate da lines without rewiring. - - 'tea -: ,x ..•- s��;;< ;:-: '.7. '�'^y °' - t' . Seattle City Light field crews save time by using Ricochet to log onto their internal networ and obtain critical repair information from remote locations. SEATTLE CITY LIGHT, POWER UTILITY COMPANY "Ricochet is a product that does what it says, and it could''" be a boon for mobile users — or r anybody who's tired of hassling with telephone c nections to the Internet." WALT MOSSBERG THE WALL STREET JOURNAL VALUABLE Man government agencies already use Ricoche Many g Y t, including local post offices, public schools, d city councils. Residents can order stamps usin the system and can participate wirelessly in city co it meetings. \� Seniors can enjoy e-mail and communic to with lovedr \ ones far away. With laptops and Ricoc et modems in squad cars, police departments can fil reports from the \• field, allowing officers to spend more time on patrol. i • f Internet servi ce... zce... r995: San�Jose is Metricom's first covered ci�,�ith a stand-alone population of over a,000,000... 1996: Seattle and lylashington, D. C. launch Ricochet wireless set { •l � { 1 � 4 ..M1 r e• 5 �r y, • 1 I � z.:Y� d � � rim ��r ., I :'3 - ~ ; . , I , m §�x���" rP sff , mo t •. .�.`J i 3�� I .�♦ I '1 } J I f '1 r� I t IP CONVENIENT Because of our unique network design and patented routing technology, Ricochet users do not experience the E well- publicized busy signals and disconnections that cause dissatisfaction among users of other popular online 44_. services and wired Internet service providers. Our , packet- switched system uses available radio frequenciesry so efficiently that it's easy to add additional users onto5t the same channel. Expanding network ca o ca aci and g as simple as mo radios. And covera is untin new tw�w: - ..; L , ., w• ", , �� t �_ ���,���,., the because Ricochet network is completely private to the point it reaches the Internet, we provide unmatched wireless security through RSA encryption. "Because of the way the phone lines were set up, in the past, L OW IMPACT we had to run from the counter to the back of the shop to scan a credit card. Greater demand for Internet access, fax lines, and And, what's worse, with every purchase, additional phone service has placed a significant we were tying up a phone line. • burden on existing phone capacity. Increasing Most of our business is over the phone, bandwidth for these technologies typically so we can't afford to lose customers involves a significant infrastructure upgrade. to a busy signal, With Ricochet, Metricom, however, simply installs small radio we don't have to." transceivers on streetlight and utility poles, at no cost to your community. These TAM MURRAY, OFFICE MANAGER shoebox -sized radios have low visual or FENA FLOWERS, SEATTLE, WA environmental impact. It's the fastest, easiest way to increase available bandwidth for data a services without trenching, cables or street hardware. We are proud to offer a technology that has such little impact on your neighborhood. ' Radios are generally mounted on y << less than 3% of poles in a given region, and operate in the public spectrum, similar to devices like garage door openers and baby monitors. r997: Ricochet begins development of a high- speed, u8K, wiretess network... 1998: Metricom wins state approval for usage of Southern and Central California street lights... �\ j EXPANDING �. Hundreds of communities like yours have given Metricom right -of -way approval. We have installed thousands of streetlight radios, providing access to some of the country's most prominent institutions — organizations like the United States Senate, ' Microsoft and the NASA -Ames Research Center, a and universities like Stanford and George �.. Washington University. Municipal employees use our services in growing numbers. We continue to gain new subscribers in the San Francisco Bay Area, Seattle, and Washington, D.C. regions and also offer + ,. coverage to many corporate campuses and airports 4 throughout the nation. .t PPORTUNITY 3� g We're offering you a unique public - private opportunity to bring your community new t ways of communicating — without wires. A simple right -of -way approval is all it takes to get on board. With the Ricochet network `_. and wireless technology, you can be online anytime, anywhere. Prepare your community for greater productivity with Ricochet high -speed wireless communications from "Ricochet Metricom. has given me total independenc . I can set up my laptop and portable printer a d A representative will contact you to discuss our dazzle potential buyers with color presentat • ns right -of -way application. of homes anywhere in the marketplace. I c n call up the latest listings right there, so the For more information on the Ricochet system by customer gets instant information and I et Metricom, see us online at www.metricom.com. a potential sale." Or e-mail requests to: rightofway@ricochet.net. • HUGH KELLY, BROKER PARRDUE REAL ESTATE, WASHINGTON, D.C. �%:;' " > °,,, -,� .' . � .ms's -:= `s,:. �'�, �`s�•� - : "T "(NASDA_: 6ea_ 4 >';d R 15 Nil v$ a x 11�iCO1VI' foUnded i the leader,' t ' .ap +,� �k�•.: it, 'rele §. d' ,.:,w, ,,.,.. ;;_. • 9` i aAay q�sy .. Y. 5` "•'1t.L wi ; °,tecIinolo `aiid by ` "' y " W . ' k�: Ricocliet;'vvireless,� 1��;.; ".oTfers 'low- cost,d NW , 11"1111, .. " s`.' __- d . i t C . 1IT113Ill. yii;;�; %tjk�'s�S''s: :�:" catitins''forra'lroad;,',: _�,� - ,rarige;of persorial:�, - sX°` ercial 6jwireless;,service0,,�t,' ♦ v y. " Y . r s `.l a - :' .. : ` -.,'', \ °fi �:.�.`.. �: ,°i„�'y°• . ternet; rivate Granting M P: , : , ' -t : ;a''• etricom access to your right -of- -way ensures. local area networks; :;t b "" (I ANs) `and onlirie f #s;; NO SURPRISES BENEFITS TO Y UR CONSTITUENTS .,:;::_..< . :_ „, *. '�` § ervices: f `To .learri' ��:,w���•��•�: • Metricom has a fourteen -year track record in ,::q t” :z Wireless freedom <`,mor,'e about';.` 4 `;t 4, i5; 'sx the wireless telecommunications industry i ....:,. , „.,.. • Travels with y l p or handheld device '' °' , • Radios are installed in hundreds of o apto No need t.:Y, °' municipalities • Ned to ins an extra phone line -'_ . 1Vletricom and tlie' :r _ = across the U . S. • Thousands of satisfied subscribers refer • Send e-mail wi out tying up a phone line •RRicoclet service;:: °qe3 } Ricochet over wire line services P • Stay in touch e, regardless of location - :visit us` ot>line'.'at` S' EASE OF ADMINISTRATION Unlimited acc >> Y `' �vw�vmetricoincom 4r ,4 a • stalled by Metricom in minutes • Stay nine ours a day `` ;' ` °'``` i ° 's `, �� `” Each radio in y l h ' „; ;_or�yyvricochetiieti�;a. =,'. • Minimal maintenance or on oin No busy si als<y; administration required • No dropp connections ` �,b• - _.•.;. .i� ° ;�.° , 4; ; 3 MCtrICO1T1„II1C: °^ ”` {Si OW AESTHETIC IMPACT Low flat-r epricing ,5 +`y_980`Uniyersity'A'v`eniie • • No Shoebox -sized radios are mounted on a charges,,gr.'I tis;GatosA'':95032' ='4 °� t: s • ting structure ou r s . No b' g surpasses ically ab ev radio i t s en os nstalled per S uare mile (less than 3% of streetlight poles Conven' t technology • ISD speed — performance comparable to a,R.wmetricom:coin`:r pe region) ,4 . .............,._ • No trenching, cabling or street hardware wire a solutions ,,: w* .ncocliet • Co patible with desktop, laptop or handheld x ENVIRONMENTAL SAFETY co p uter devices _ i gh to fwayCmetricoin.com: • Autho 'zed b the FCC too erate in the A security — safe against eavesdropping Y P public spectrum under Part 15 of FCC rules; other Pa� 15 devices include garage door openers at3d baby monitors • Copyright ®1998 Metricom,Inc All rights reserved As with telephone modems and wireless services, speeds vary based on location, application, hardware, and software, To benefit from the Ricochet w�s services offered by Metricom ytsers must be within the coverage arcs of the Ricochet wireless network Metricom, Ricochet, and Metrieom . MicroCellular Data Network are registered trademarks of Metriwio, Inc, All other trademarks are the Property of their respective owners, Additional Photos by Larry Deck Gordon and Stephen Wilkes, 0 1947he,1mgeBat1c `� • •,�.... �` - r` � 'aa1�:.'� aK , � �':.��= 'i.f rl��i',�S ��il':' ';a.� 1 d�e °K;'.A �`Tt`ISK� ., "� +:���f � � e,•• ee����yy�� 8.. .::'r -::r�. ,�� �+��.. -# °•jar ` „t: ' .�r�` ?7, ., , ��f~ � � .. �t� x A charge supports three hours of active data o new sense o w hat mission or r hours the Internet. Now, the part; t: The Ricochet network is established ed in only three cit- ies— Seattle, San Francisco, and Washing - .�. i 1 V ton, D.C., with extensive suburban cover - ��'1'1 C b e age in each area. (For a M- service map, _ _-s co plus technical details, see wrvwa icochet .net) The system also works at U major In a wired age, the plugged in will be wireless airpo including Los Angeles Min of apolis- StPaui, and Los Angeles, but not Chicago's O'Hare or Atlanta, the world's . BYJnMM F 'O ,a„M,� two motvisited airports. Expansion JEFP _ y;=•'M is planned to Southern California e year; after tha rsonal tech :•: t: next t, who knows? gY is charming m -� The company's hopes depend on its nearly right" stage. This is when the product is advanced enough to _ one -by -one contracts with cities and hint at its ultimate potential but not utility companies o hang its trans- Yet so mature as to be trul ' y practical. The F �� ceivers, each the size of a bread loaf, Compaq computers of the early 1980s, `: }+":, . tom's main investor is Paul Allen, at 3/ -to -% -mile intervals. (Metri- M!�% - " P ortab les" the size and weight of sewing '' machines, were nightmares to lug America's third- richest man, so in around —but ! ", theory it can afford the expansion.) l ami gi l exciting be- Habit - altering. If you li in one of in cause they the favored cities or frequent the implied the right airports, is the system worth it? laptops someday to come. The pioneer E- To me, it made enough sense to buy. coati n 'Or MCI Mail, was also nearly The Internet connections are slower right. Cumbersome o operate and lack- than on an Is line but faster than ing connections with any other system, it via the phone line modems most still suggested how electronic communi people use. Three or four seconds af- cation could revolutionize life. ter clicking the Ricochet icon, you're The latest nearly right product is the on the World Wide Web. Ricochet wireless modem system, from Dial -up E -mail services take Publicly traded Metricom of Los Gatos, ghtiy longer to connect than they Cali£ The right part is its demonstration would on a phone line. But the free - of what truly wireless connections will door to connect without a wire is as mean. A p r riet �' Ricochet habit- altering as cellular phones � Y lar sli tl than mod a pack of cards and em, Ricochet costs less to use than a cellular modem. have been. I now count on being weighing 8 ounces, attaches to able to send and receive E -mail puter's serial port, It bounces radio signals th ugh any standard rd dial -unetwork. o in dur line �or riding in in a cab. Just o be b to a series of small transceivers hung from The modem itself costs $349, plus a $45 noxious, I once did so at a football game. tility poles and street lamps around activation fee. After that the service, in- To my surprise, I find I use the modem wn; these, in turn, pass signals to an In- cluding unlimited in offi rnet server. The result is to let you make time and an E -mail $29.95 a tphone line t it account, costs ternet connection daily at at both home and As with the e fir ungain reliable wire connections to the Inter- a month. The modem works with Macin- ly Compaq, I feel I've seen a rough sketch net at nearly 40 kbps, or send E -mail (or tosh or Windows machines. One battery of something big. Abridged from U.S.NEws & W ORLD REPORT, APRIL 6 1998 An INTERTEC• /PRIMED A Publication MARCH 29, 1999 r � n 9 TELEPH 4y www.intemettelephony.com CARRIERS, CONVERGENCE & COMPETITION ©ETWORKV V) V w Metricom suits up for national play High speeds and flat rates differentiate operator NANCY GOHRING etricom is implementing some Cahnert In -Stat Group. Cellular digi- ny had to work with 1300 munici- changes rhat should make its tal packet data (CDPD) offers lower palities to gain buildout rights in attractive concept even more data speeds, and many CDPD opera - the 14 cities where it hopes to build attractive —to both investors and tors charge based on the volume of by the second quarter. "It's a painful potential customers. The mobile data that users transmit, making it process," Firth said. wireless data service provider recent- difficult for users to predict expenses. Metricom recently changed its tar- ly tweaked its focus and soon will Until operators deploy third gen- get customer from consumers to implement a second generation tech- eration networks, few can compete business people, trimming some dis- nology. It's also seeking partners to with Metricom's offering. tribution costs and continuing a support future growth plans. "Metricom has a window of rapid rate of customer acquisition. Ricochet II, the new technology, will offer 128 kb/s data rates at mobile speeds of up to 70 miles per I R W hour. The current system, which offers 28 kb/s rates, consists of pole - �`T" - Metrocell radios top radios, fixed usuall on street - R Y ..lights u oles • ::•: = lamp poles, which can only listen or talk. "They can't do both simultane- ously," said John Wernke, senior vice president of marketing and sales. The new system, which will still Network; " use the unlicensed channels in the n = ; 900 MHz frequency band, will listen �.. q Y Modern radio -.. _, ......: ; and talk at the same time. In addi- :Computer = Lion, radios will communicate with other pole -top radios and a wireless access point using the licensed wire- opportunity," said Nagi Jaffery, wire- Attracting the current 27,000 cus- less communications services spec- . less analyst for Dataquest. If it can tomers with only three cities built is trum —the 2.3 and 2.4 GHz fre- deploy widely before the 2003 time quite impressive, especially com- quencies. "We added capacity by frame, it has a chance of being suc- pared with other data networks with dual- banding them," Wernke said. cessful. In fact, Dataquest projects near national coverage. "Despite the Ricochet II also will eliminate that Metricom will have 1.2 million fact that they have limited reach, some latency issues on todayt net - subscribers by 2003. they have been quite successful in work. Currently, information hops Metricom offers service today attracting customers," Jaffery said. two to three times along pole tops only in San Francisco, Seattle and Metricom recently announced a before it reaches the wireless access Washington, D.C. The company relationship with NationsBanc point. Using the higher frequencies intends to change out the existing Montgomery Securities for assis- allows most connections to be made slower speed systems there and tance in finding strategic partners, with only one hop. build out in 50 cities within two mainly to obtain financing. The new high data speeds, cou- years. That's no small feat, though. In February 1998, Paul Allen's • pled with a flat pricing scheme, sets In order to build out in a region, investment company, Vulcan Metricom apart from competitors. Metricom must negotiate with town Ventures, invested $55.8 million in Users pay $29.95 a month for unlim- councils for permission to hang Metricom for a 49.5% ownership. ited use without roaming charges. radios on utility poles. Backing by such a high - profile "Speed and the bucket are Although Metricom has it easier investor should help convince pos- Metricom's biggest advantage," said than traditional mobile operators sible suitors of Metricom's value, Fran Firth, senior analyst for that must build towers, the compa- Firth said. LW'. Reprinted with permission from the March 29,1999 issue of Telephony.• XDAY, SEPTEMBER 2 TILE WALL STREET AL E�; O.M U ��AT .0_ j THE BUSINESS .................................. N THE L.EAD...FORN ow retricom has been a big fish in the small pond of wireless •ernet sermce Arms. What happens as the pond gets bigger? wireless networks. Metricom's network expensive proposition, even when each ra- gears from a technical focus to a market_ " 3y DAVID P. HAMILTON may deliver data faster than Its competl tors, but it's still limited geographically dio cost just under $2,000, far less than an Ing focus. ordinary cellular base station. As a result. Mr. Dreisbach's team decided that he 4ime's`s lote'r' bu WIRELESS ACCESS to the Internet and its subscriber base remains fairly iding A7 ry t hietricorn made the decision early to limit addition to expanding their network aliuishiill(iubOcrl�rs irk., odkh&)-' 4 s fin ally coming of age In the U.S., It small—only 29.000 customers as of the end Its coverage to a handful of cities, a list tionulde, the company needed to nay prove to be a mixed blessing for of June. Cellular providers, meanwhile. L�A that currently Includes only the San Fran- gressively target highly mobile workerls me of Its pioneers. bletricom Inc. have announced network•upgrade plans cisco Day area. Seattle and Washington, the so-called road warriors who need could deliver data - transmission' best of times that �a These should be the ta-traitsmission D.C. less access wherever they go. G Metricom launched the Ricochet ser- Indeed. that was also one reason or Metricom. a Los Gatos, Calif., speeds rivaling those of Metricom within a to Re ompany with one of the first flat- few years. celeste the development of Ricochet 2; vice In September 1995, and for more than fireless Internet services In the na 'Wireless carriers are eyeing the In- a year added roughly 3,000 subscribers now slated to begin service In mid 2000 (hiletraditlonal cellular carriers are tern space with greed and envy,* says v each quarter. By late 1997. however. 12 cities. Including New York. Dall#,' arthIg to target the suddenly hot Darryl Sterling, an analyst with Yankee growth started to slow, because Metricom Chicago and Los Angeles. Metricom pla I for wireless data. Metricom at- Group, a market-research firm In Boston. r had specifically aimed Its service at college to expand service to 46 cities by the m!"i has an established subscriber Vase, By next year, analysts say, most new students and professionals who needed a o(2001. ri dedicated wireless data technol- cellular-phone handsets will handle data, z simple and Inexpensive way to send e-mail The Investment by Mr. Allen and MCI III a network that can handle data at at least to the extent of providing simple e - and surf the Web dose to home. But college WorldCom not only ensures that Metricom of up to 28.8 kilobits a second, mail and two-way paging capability. And 11c students tended to cancel their service at has the funds to complete Ricochet 2. Vut r twice as fast as those of Its nearest network upgrades should make it easier to the end of every school year, and the local also offers the prospect of raising Its Oil :Itor. use cellular phones as wireless modems for engineers and salespeople that Metricom tionwide profile. MCI WorldCom, forin-' m better. Metricom In June re- notebook computers. , �1 Q, 24�f hoped to reach never signed on in large stance. Will distribute the Ricochet servico a $600 million Investment from MCI Mr. Drelsbach and other Metricom offi- use O i­ IF V �� numbers, in a nonexclusive arrangement for Rve - - M ;om Inc. and Vulcan Ventures, an clals say they aren't worried about the com- _ . That prompted some soul-searching years. nent partnership headed by hit- petition. And analysts generally agree that, among company officials as capital started Air. Allen, meanwhile. Is rumored tabe Corp. co-founder Paul Allen. That Metricom stands a good chance of estab- to run short. By September 1997. Metricom considering linking the Ricochet 2 netw6i _ Metricom finally has the support It Itshing Itself In the wireless world. Its ser- decided to scale back its marketing of Ric- with his extensive cable•television hole o build out Its even-faster next-gen- vice. designed for use with a notebook or ocheland to marshal its resources Instead tugs, possibly in order to provide cable-mot network:apd to market Its service desk-top personal computer, provides a con- 'Wireless carriers are eyeing the Internet on the development of its next-generation dem users with a wireless "upstream* edit warriors across the U.S. tinuous, "always on' Internet connection, network. Ricochet 2, designed to provide nection to the Internet that would•bypd# s a great endorsement for us," says In contrast to conventional dial-up service data speeds of up to 123 kilobits per sec- local telephone companies. im President Tim Dreisbach. 'It's a • that requires users to log In each time. Sub- space with greed and envy, says one analyst and —much faster than Ricochet I's 28.8 Mr. Drelsbach argues that Metricom Ion of the market and the way we're scribers seem generally happy, and while kilobits and roughly twice as fast as to• will be able to keep one step ahead of cethf. I) apply our technology to a nation- there still aren't many of them. Metricom's day's 56- kilobit modems, lar competitors, whose next speed upgra :twork." Iconoclastic struggle to build Its own dedi- Ity. Then Metricom officials lift upon the dio spectrum—one shared with garage- will take their network speeds only up tot caked wireles s data Infrastructure could fi- idea of creating a high-speed data network door openers, baby monitors and similar Focus on Marketing kilobits per second—and probably wdjVj Ing the Lead nally pay big dividends once it lights up Its with their radio technology—one they short-range radio devices. So In mid•1998. MetrIcom's board de- deliver speeds comparable to Ricochet T bat market grows, however, the big next•generation network next year. would eventually name Ricochet because hletricom could also design Its network tided to bring in new managers, Including until 2002 or so. n for hietricom Is whether It can of the way the system bounced transmis- specifically to handle data, allowing it to Mr. Dreisbach, to revamp the company's In addition, he says, hfetricoufl� Ad of Eomiletitors who have suit- The Rise of Ricochet sions from radio to radio. sidestep some of the technological compro- strategy. (16fetricom's former president, serving a different market by offerInK wakened to the emerging opportu- Metricom's unique path to wireless * That approach held several advan• mises that cellular providers are wrestling Robert Dilworth, remains the company's high-speed wireless directly to PC usiR. n providing electronic mail, mes• data service Is largely the consequence ota tages. Instead of buying the rights to ex- with In converting their systems to carry chairman) "We had a lot of folks who cellular companies, by contrast, are mW and even full Internet access across quirk of history. Until 1995, the company pensive chunks of radio spectrum the way data. were bright at developing the technology.* likely to focus on more limited wireless was primarily In the business of building traditional cellular providers have done, However, use of the low•powered ra• says John Wernke, Metricom's sales and data services such as offering stiffl KIDS 95 A STAFF REPORTER IN 711E WALL short-range radio sets that beamed elec- Metricom designed Its network to work In a dios meant that Metricom had to Install a marketing chief, who joined the company quotes, maps and access to airline refie-' 'oLnL;Ai:s SAN FRAmiasoo suaEAu. tric•meter readings back to the local util- largely unregulated twilight zone of the re- radio transceiver every mile or two—an in August 1998. "But we needed to shift vation systems. 0 =MWEA City Council Agenda Item No. 9b Cd COMPANY CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL WORKSHOP January 6, 2000 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS REACHED BY THE PARTICIPANTS Prepared by Carl H. Neu, Jr. January 7, 2000 © Neu and Company and The Center for the Future of Local GovernanceT^°, 2000 • CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL WORKSHOP January 6, 2000 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS REACHED BY THE PARTICIPANTS Prepared by Carl H. Neu, Jr. January 7, 2000 • CITY OF BROOKLYN CENTER, • MINNESOTA CITY COUNCIL GOAL- SETTING WORKSHOP January 6, 2000 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS REACHED BY THE PARTICIPANTS January 7, 2000 I. INTRODUCTION On January 6, 2000, the members of the City Council, City Manager, and Assistant City Manager participated in a City Council Workshop. This workshop was identified as a "fine tuning" opportunity in which Council members, the City Manager, and Assistant City Manager could review the following: • Processes used by the Council for goal setting and decision making. • Teamwork/cooperative efforts needed to achieve the City's goals for the year 2000. • Addressing any potential issues that might arise pertaining to the November, 2000 municipal elections. • Other issues that the participants might like to discuss pertaining to activities within the City, etc. The City Council and management team have become a highly - productive leadership group and wished to use this particular workshop as a chance to revisit and reassess "how it does business" in preparation for the goal- setting session scheduled for August 26, 2000. II. KEY CONCLUSIONS AND OBSERVATIONS MADE BY THE PARTICIPANTS. A. Presentation on Goal- Setting and Decision - Making Processes. As a prelude to the discussion on decision - making processes used by the Council, the facilitator made a brief presentation on the following elements that might be addressed in the ensuing discussion: 1. Goal - setting and decision - making methods that are: • 1 0 agreed -upon by the Council. will be followed by the Council in its goal - setting and decision - making activities. • reflect a commitment from all Council members to participate. • provides a goal presentation format that is desired by the Council and is seen as being productive in facilitating its subsequent decision - making activities. 2. A review of various decision - making techniques that can be followed by a deliberative body. Participants were provided with a handout describing the various techniques that deliberative bodies can use reaching a decision which include: • Authority rule • Minority rule • Majority rule • • Unanimity • Consensus 3. Dealing with and addressing differences of opinion that will occur within a deliberative body among its members as the body addresses various issues. 4. How should the Council address proposed goals that it did not adopt for inclusion in its annual Work Plan? 5. Who will be responsible for "fine tuning" the final wording of the Work Plan before it is presented to the Council for formal adoption? 6. What will be the process for formally adopting the Council's Goals and related Work Plans? 7. How and when do Council members propose other goal for consideration by Council and possible inclusion in its Work Plan? 8. Thoughts and ideas ertainin to the agenda and structure for the August 26 p g g b'u , 2000 goal- setting session. • 2 B. Observations and Conclusions Made by the Participants: 1 Current decision -making efforts within the Council emphasize achieving consensus. The council members agreed, generally, that it has become a more consensus- oriented group for the following reasons: • There is a greater focus on issues rather than personalities as items are explored, debated, and resolved. • The use of study sessions has provided an opportunity for detailed discussion and dialogue among the members and to become fully informed before making a decision. • Lack of controversy within the City promotes a greater opportunity for consensus -based decision making. • Good debates are carried out within the Council in a respectful way. • The Council is goal- focused and the sense of direction provided by the goals provides an opportunity to focus decision - making towards • the achievement of consensus. 2. Goal Presentation Format Council members generally agree that the current format used to present and communicate the goals to the organization and the community is useful and productive. There is a desire, however, to note that the numbering of the goals is for identification purposes only and does not in any way reflect prioritization. 3. Statement of Leadership Direction and Philosophy (Vision) as a Prelude to the City's Goal Statements. It was proposed that in the future, that a brief statement be made about the overall leadership direction and vision that the Council is pursuing relative to the future of Brooklyn Center as the basis for establishing its annual Goals and Work Plan. Once this statement is made, the annual Goals and Work Plan then can be defined as supportive of the longer -term leadership direction and the philosophy of the Council. 4. Basis for "fine- tuning" and adoption of the Goals. • 3 Basically, the participants agreed upon a three -step process which includes • the following: • Create a basic language of the Goals and Work Plans at the August retreat. • Review a draft resolution of the goals at a work session so that Council will have another opportunity to "fine tune" wording of the Goal Statements and Work Plan. The purpose of this review is not to change the content of the Goals and Work Plans agreed upon at the August retreat, but to ensure the proper wording of the work product. • Once the draft resolution has been reviewed at work session, it will be brought forward on the next Council agenda for formal adoption. 5. The August Goal - Setting session is when the Council will develop its Objectives and Work Plan. Throughout the course of the year, and especially at the May preliminary budget discussions, Council members may propose ideas for consideration at the August Goal- Setting session. Essentially, the Council does not wish to modify /amend its Goals and Work Plans except in those rare circumstances where a new Goal might have to be adopted expeditiously in response to a specific issue. • 6. Preparation for the August 26 Goal - Setting Workshop. The participants identified five items that they would like to see addressed in preparation for the August 26 Goal- Setting Workshop. These include: • Distribute the packet of materials that will be used in the workshop to the Council members at least a week before the workshop is conducted. • Include the City Manager's Overview of Projects report as used in previous workshops. • Include a list of potential goal items that have been identified during the course of the year and at the May pre- budget preparation discussions. This provides an opportunity for Council members to refresh their memories on various items that have been discussed during the course of the year that might lead to the creation of new goals for the City at the August workshop. • 4 • Inclusion of a list of the Goals for the last two plus years for the City so that Council members can refresh their memories on previous Goal Statements adopted by the Council. • Manager's Summary of Goal Achievements "to date" for: Calendar Year 1999 - Calendar Year 2000 (progress report on achievements made relative to the current year's City goals.) • 5 City Council Agenda Item No. 9c City of Brooklyn Center A great place to start. A great place to stay. i MEMORANDUM i TO: Mayor Kragness, Councilmembers Hilstrom, Lasman, on, and Peppe FROM: Michael J. McCauley, City Manage DATE: February 24, 2000 SUBJECT: Housing Commission Review of Cha er 12 Attached please find a memorandum from Tom Bublitz and a communication from the Housing Commission regarding a review of Chapter 12. The Housing Commission met with the City Prosecutor. Mr. Clelland outlined a few issues related to junk vehicles, collector cars, and recreational vehicle and trail storage. The Housing Commission has proposed that they would review these areas for possible recommendations on code changes. Previously, we have discussed that there have been citizens interested in having the recreational vehicles storage issue revisited. I would suggest that the Council accept the Housing Commission's recommendation that they go • forward to review the items identified by Mr. Clelland and that they proceed with assistance from Mr. Clelland in reviewing the advisability of recommending changes to those ordinances. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, . Community Development Specialisv---/ DATE: February 4, 2000 SUBJECT: Housing Commission Review of Ordinance Violations Enforcement and Motion to Review Chapter 12 of the City Ordinances At the January 18, 2000 Housing Commission meeting, William Clelland, the City Prosecuting Attorney, addressed the Housing Commission with regard to the City's ordinance violations enforcement process. A copy of Mr. Clelland's outline is attached to this memorandum. Subsequent to Mr. Clelland's presentation, the Housing Commission approved a motion to forward the attached memorandum, prepared by Commissioner Yelich and dated December 26, 1999 to the City Council. • Please advise me with regard to how you would like to proceed with regard to the attached memorandum relative to review of Chapter 12 by the Housing Commission. To: Brooklyn Center City Council From: Brooklyn Center City Housing Commission Date: December 26, 1999 . Subject: Chapter 12 of City Ordinance In support of the City Council's year 2000 goal number two as outlined in the January 2000 City Watch, the Housing Commission proposes to conduct a general review of Chapter 12 of the city ordinance for oversights, applicability, and effectiveness such that it reflects the current and future needs of our community. We propose to identify those specific sections of Chapter 12 where there is opportunity for improvements related to housing and bring forth appropriate suggestions to the City Council for consideration. For example, commission members have noted community concerns about excessive visible motor vehicle storage on residential property contributing to blight, so section 12- 316 may be of particular interest. Another concern are the problems often cited by city • staff dealing with habitual and repetitive offenders of the ordinance. The sections addressing enforcement would be reviewed for more effective alternatives for dealing with this problem. As with any worthwhile issue the commission addresses, this effort will most likely require time, expertise and guidance from city staff. We request that the City Council consider this effort as a year 2000 -2001 objective for the Housing Commission and indicate such to city staff so that we may begin in earnest at our next meeting on January 18, 2000. If not a review of Chapter 12, please advise as to what specific concerns the Council thinks the Housing Commission should be addressing. Thank you. may t BROOKLYN CENTER ORDINANCE VIOLATIONS ENFORCEMENT BY WILLIAM G. CLELLAND, BROOKLYN CENTER PROSECUTING ATTORNEY I. OVERVIEW OF APPLICABLE LAWS. The City of Brooklyn Center has a number of well drafted and comprehensive ordinances that give me, as prosecuting attorney, the tools with which to abate public nuisances and housing code violations. The City ordinances are supplemented by the State Hazardous Building Act which Provides for raising and removal of hazardous structures as well as abatement of hazardous conditions. Other laws supplement our enforcement such as the Uniform Fire Code and Uniform Building Code adopted by the State of Minnesota. Some of these statutes and ordinances are civil laws which means they permit the City, to address and correct housing violations and nuisances and they allow the City to recover all of the costs of enforcement, including attorney's fees and the like, but they do not provide for criminal penalties such as fines, imprisonment and probation. Some of these laws are purely criminal in character as they make unlawful the commission of certain acts and in some cases the omission of other acts and upon a finding of guilty, the statutes provide for fines, terms of imprisonment, probation and the like. Some of your ordinances have both civil and criminal components. The distinction between civil and criminal proceedings•is important as it concerns the level of proof required by the State, the considerations of due process and in some cases the personal impact upon the defendant. Generally the civil and criminal laws compliment one another and we can employ either the civil laws, criminal laws or both in our discretion. Municipalities have broad and effective powers to abate public nuisances and housing and building code violations, but subject to significant due process considerations. 2. CIVIL LAWS. The most comprehensive law, civil law, providing for the abatement of hazardous conditions is found in Minnesota Statute §463.15 et seq., known as "hazardous and substandard buildings ". This law defines a building as any structure or part of a structure thereby covering commercial, industrial as well as residential premises. A hazardous property is defined as any building or Property which, because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, constitutes a fire hazard or hazard to public safety or health. This law permits the governing body of any city or town to remove or raise any hazardous building or remove or correct any hazardous condition of real estate either upon obtaining the consent of all owners of record in writing or alternatively by issuing a order to all owners, requiring them to take the appropriate, corrective action within a reasonable period of time. If the owners do not abate the nuisances or hazardous condition, the City's order is filed in • court and the City petitions the court that its order be upheld and that it be allowed to carry out the raising, removal or abatement of the conditions. If the owners of record contest the City action, the . case is tried with priority over all other cases. If the court sustains the City order and if the owners thereafter do not abide by the City order, the City is authorized to abate the nuisance or raise and remove the building at all costs, including attorney's fees, witness fees, appraisers fees, expert witness fees and the like shall be allowed by the court and if not paid by the owners, they are certified by the city clerk to the county auditor for collection as a special assessment. There are no criminal penalties provided for under this statute. 3. LAWS WITH CIVIL AND CRIMINAL COMPONENTS. The primary ordinance of the City of Brooklyn Center for the establishment, maintenance and enforcement of building maintenance and habitability, is Chapter 12, the Building Maintenance and Occupancy Ordinance. This ordinance covers all buildings in the City of Brooklyn Center although its emphases is on standards for dwellings. It provides detailed requirements for conditions of habitability. A violation of the ordinance is a misdemeanor by law. In addition, Chapter 12 permits the building officials to issue a compliance order for the correction of defects and those orders can be enforced in a civil manner under the provisions of Chapter 7. Chapter 7 ofthe Brooklyn Center Ordinances governs all conditions regarding health, refuse, garbage and sanitation. A violation of Chapter 7 such as the presence or maintenance of waste, trash, refuse or the like is a criminal offense. In addition, Chapter 7 provides that the City council may order all abatements to take place and if the owners do not, the City may undertake abatement itself, assessing all costs against the property. In emergency cases, action of the City council is not necessary. Chapter 19 which defines most public nuisances, also permits civil abatement by reference to the processes in Chapters 7 and 12. 4. CRIMINAL STATUTES. In addition to the criminal rovisions of Ordinances 7 and 12 Chapter 19, articular) P � P particularly Section 19 -101, defines numerous conditions constituting public nuisances which are misdemeanor crimes under the ordinance. Chapter 19 broadly defines as public nuisances the presence of any garbage, trash, dead animals, pollution, noxious weeds, smoke, soot, junk, disused furniture, junk automobiles and parts, storage of farm or construction equipment and the like. Chapter 19 also defines and deals with a broad range of other criminal activity not directly associated with building or housing issues. Further, under the State's basic Criminal Code, Minnesota Statute §609.74 provides that whoever by an act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance which is a misdemeanor: 1. Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; or 2 • 2. Interferes with, obstructs or renders dangerous for passage any public highway or right -of -way or water used by the public; or 3. Is guilty of any other act or omission declared by law to be a public nuisance. Minnesota Statute §609.745 specifically provides that whomever having control of real estate Permits it to be used to maintain a public nuisance or lets the same knowin g it will be so used is ' 1 � ty of a misdemeanor. 5. THE COMPLIANCE PROCESS. In all non - emergency cases, City inspectors will give notice of the nuisance or defect, specifying the remedial work necessary and giving reasonable time therefore. The notice states that the real roe o p p rty weer may appeal the building official or inspector's decision if he believ es the Y PP g interpretation of the code is incorrect. In most cases the homeowners resolve the nuisances or violations without further action. 6. CRIMINAL LAW ENFORCEMENT. In cases ofnoncompliance, we always start with the commencement of criminal prosecution, charging the real property owner with the misdemeanor offenses ofpublic nuisance. A misdemeanor • is a criminal offense punishable by a fine of up to $700 and a period of imprisonment of up to 90 days or both. We will also often charge the tenant of the property if the occupant is not also the owner because it is a tenant's responsibility to avoid and/or abate nuisances and violations in many cases as well as the responsibility of the owner. If the violation is minor and if the defendant is a first time offender, we typically will offer them, if they plead guilty to at least one offense, a probationary sentence under Minnesota Statute §609.135 pursuant to which they are placed on probation one year. They are not sentenced during this . year although gh the have been convicted. The terms of the probation provide payment of at least Y P P P Yin $100 in prosecution costs to the City to help defray the cost of prosecution, a requirement that they immediately abate the existing violations and suffer no violations in the next year. If the defendant successfully completes probation, we agree to dismiss the case after one year so that the homeowner has no criminal record. If the homeowner violates the probation, he is subject to a maximum fine then of $700 and a maximum term of imprisonment of 90 days because of his previous plea of guilty and conviction. Once we have resolved a criminal case we notify the inspector for a follow -up inspection to insure that the existing violations have been abated and that no new violations occur. For repeat offenders we look to increasingly large fines as well as jail sentences. We initially use the criminal proceedings because they are much faster. By drafting a criminal complaint and serving it on a party, we can cause them to appear in court within two weeks. Most real property owners plead guilty at the first appearance. Even those who plead not guilty will have a pretrial conference set in about one month and if the do not lead 1 then a trial date Y P guilty • about a month later. Virtually all of the persons ultimately plead guilty and we have had very few 3 cases go to trial. The criminal proceedings do require the State to prove the defendant 1 beyond doubt a reasonable Ty y . 7. CIVIL LAW ENFORCEMENT. T. Most minor cases such as storage of a junk car or uncollected trash can be quickly and successfully resolved by the institution of criminal•proceedings. Virtually all persons will comply with orders to abate nuisances rather than face a substantial fine and the possibility of jail. In some cases, however, the violations are so significant or we feel that the offender is not likely to comply himself and so we undertake civil proceedings at the same time as the commencement of the criminal proceedings. For these select cases, we commence proceedings under the Hazardous Building Act by preparing a resolution and an order ofthe council which adopts the findings of the building inspector or the building official as to the hazardous conditions and we serve that order upon all persons who have an ownership interest in the property, including mortgagees. At the same time we commence criminal proceedings against the real property owners and in the case of rentals, the tenants who may be responsible for the violations as well. Once the City council has passed the resolution and issued the order, the order is served upon all persons who have an ownership interest in the property and they must respond to the order within twenty days, either by cleaning up the premises themselves, or if they object to the order, then filing a formal answer opposing the order. The case is then assigned to a judge for trial without a jury and with priority over all other cases. If the court sustains a City council order, and if the owners then do not abate all nuisances and hazardous conditions, then the City is authorized to do so by hiring contractors or other persons to carry out the work and all attorney's fees, witness fees and other costs of enforcement are assessed against the property as a special assessment. 8. JUDICIAL PERSPECTIVE. Sometimes minor violations such as the storage of one junk car or the presence of debris is not seen as a serious violation by the court system. In fact, the court maintains a list of offenses known as the "payables fist' ' for offenses that may be paid by a modest and predetermined fine without a necessary court appearance. In fact, if we were to charge someone with an offense designated as "storage of junk auto" it is an offense on the payables list and may be paid by a small fine. This obviously deprives me of participating meaningfully in the case and seeing that the violation is resolves so we charge all offenses under the title of "public nuisance" which requires a mandatory court appearance. We believe, as does the City council, that these "livability" issues are very important to the establishment and maintenance of a community and we have worked hard to impress the courts with the need of enforcement of these matters. 4 q ' q r • 9. DUE PROCESS CONSIDERATIONS OR WHY DOES IT ALWAYS TAKE SO LONG? The most frequent question asked by neighbor residence and City officials and the like is "Why does it always take so long ?" The answer is, we are dealing with the owner's property rights and the law, appropriately, gives them time to respond to protect their property rights if they wish. For cases involving emergencies, the City manager can act to abate them without the action of the City council. Most of the violations, however, are not emergencies and the concept of due process of law requires that we first give the owners notice of the violation to allow them to abate it on their own and at their own cost. This is not only appropriate in terms of due process of law, but I think as a matter of good public relations to encourage voluntary compliance. If a party does not comply and we initiate either civil proceedings, criminal roceedin s or both, g th, the concept of due rocess of law allows every person the P chance to defend ery p himself and reply. In a criminal case the defendant is presumed innocent unless the State is able to prove that person guilty beyond a reasonable doubt. The person is permitted time to consult with an attorney, to raise any and all defenses on his behalf and to ultimately take the matter to trial if he wishes. In fact, most violations are clear enough that most persons plead guilty without a trial. Nonetheless, every criminal offense carries with it the prospect of a fine and perhaps a substantial fine and the possibility of imprisonment and, therefore, it is important to accord persons sufficient time for their defense. • In case of the commencement of civil proceedings, if the City has to effect the abatement, the homeowner will face the imposition of all costs of that enforcement, including contractor's fees, attorney's fees, witness fees and the like. Due process requires that the owners either be given time to abate the nuisances themselves or to defend themselves by trial if necessary. Since it is not a criminal case, the State need only prove the case by a preponderance of evidence rather than beyond a reasonable doubt. 10. POSSIBLE REVISION OF ORDINANCES. I believe the ordinances as presently drafted are more than adequate to resolve virtually all of the violations and nuisances. I have suggested revision of Chapter 19 to limit the number of collector cars which can be kept since presently no limit is set. At present, the ordinances prohibit the storage of junk vehicles defined as vehicles which are not in operating condition and which are not presently licensed for use on the streets, but it allows storage of recreational vehicles, boats and trailers. Many persons I prosecute for offenses such as storage of a junk auto complain that a neighbor has stored an RV or their trailer and they question why. I do not know if the City council wishes to revisit this issue. 5 City Council Agenda Item No. 9d • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RESCINDING AUTHORIZATION TO ENGAGE THE SERVICES OF AN ARCHITECT WHEREAS, the City Council adopted Resolution No. 99 -109 authorizing the City Manager to enter into a contract for architectural services related to the Civic Center complex building potential project; and WHEREAS, several optional formats were explored with respect to how architectural services would be structured; and WHEREAS, further review has determined that it would be in the City's best interest to revisit the issue of potential architectural services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Resolution No. 99 -109 be and hereby is rescinded. i Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 99 -109 RESOLUTION AUTHORIZING ENGAGEMENT OF ARCHITECTURAL AND ENGINEERING SERVICES FOR COMMUNITY SERVICE CENTER ADDITION WHEREAS, review has been undertaken to deal with structural, Americans with Disabilities Act, and other issues related to the existing Civic Center complex; and WHEREAS, the City Council has received the recommendations of the Financial and Park and Recreation Commissions; and WHEREAS, the recommendations of the Financial and Park and Recreation Commissions are to pursue the option developed in the architectural study of building needs to construct a new building adjacent to the Community Center; and WHEREAS, constructing a new building adjacent to the Community Center to provide for additional community space, relocated general City offices, and accessibility for the existing Community Center would be the most effective solution to the required Americans with Disabilities Act accessability issues and required repairs facing the Civic Center complex composed of the Community Center and City Hall. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager be and hereby is authorized to engage architectural and engineering services as set forth in the proposal from Mjorud Architecture dated June 24, 1999, and to proceed with the creation of plans and specifications for an addition to the Community Center that will result in additional community space, compliance with the Americans with Disabilities Act, and relocated general City offices and services into a new Community Services center adjacent to the Community Center. July 12,1999 Aw Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Robert Peppe; and upon vote being taken thereon, the following voted in favor thereof: I:•. Myraa Kragness, Debra liilstrom, Kay Tasman, Ed Nelson, and Robert Peppe; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 9e f i City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM I� TO: Mayor Kragness, Councilmembers Hilstrom, Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Man er DATE: February 24, 2000 1 SUBJECT: Personnel Rules and Regulations As set forth in Ms. Wick's memorandum, it is proposed to adopt a new set of personnel rules and regulations to collect in one place all of the personnel rules and regulations applicable to City employees, except in so far as an employee would be covered by different rules pursuant to a collective bargaining agreement. Most of the changes outlined is Ms. Wick's memorandum relate to previously adopted policies or changes that have not been incorporated within the handbook itself. The major substantive change would be to allow retiring employees, with 25 years of service, to receive the same health insurance benefit at the point where they would have been eligible to have the City provide for single coverage if they had retired on a full pension. A number of long term employees are contemplating retirement after 25 or more ears of service to the City of Brooklyn Y tY n Y Center. They would however, be retiring at reduced pension, rather than a full pension. If they were to wait a few years before retiring, current City policy would allow them to be covered at the City's expense for single coverage until age 65. This change in policy would afford them the same coverage when they reach the point at which they would have received a full pension. They would pay the entire cost of family coverage, if they chose family coverage. Additionally, they would pay the full cost of single coverage until the point at which the City would have paid for single coverage after their retirement. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • City of Brooklyn Center Memorandum TO: Michael J. McCauley, City Manager �.. FROM: Kelli Wick, Human Resources Assistant DATE: February 22, 2000 SUBJECT: Policy Handbook Attached is a draft of the City of Brooklyn Center Policy Handbook. Listed below are the changes to the policy since it was last adopted by the City Council in 1997. These changes are mostly housekeeping changes with the exception of the new benefit for City Retirees. Section 3 - Conduct and Ethics • Drug and Alcohol Free Workplace /Testing Policy - For ease of use this was put in the policy manual. This was initially not included in the policy handbook but has been a • policy with the City since 1993. • Included the MIS/Internet policies rather than have stand alone policies. Section 4 - Recruitment/Employment • Changed the language for benefits during probationary period. Previously approved by Council to allow probationary employees the use of their vacation. • Employment of Relatives - Changed the language that did not allow more than one relative working in the same division to prohibit a relative from supervising or having the ability to hire, fire or promote a relative. • Moved Declaration of Affirmative Action under this Section rather than its own section. Section 7 - Leave Benefits • Vacation Leave - removed the language relating to not allowing employees to use vacation during their probationary period. This was approved previously by the City Council. • Holidays - This includes the new language for two floating holidays. This was approved previously by the City Council. • . Section 9 - Separation from Employment • Retiree Language Change to include employees retiring after 25 years of service to pay for their own insurance until such time they would be considered retired at a full unreduced pension - the City will then pay their insurance expense. Section 12 - Expense Reimbursement • Included uniform reimbursement for non -union employees. Previously a stand alone policy. Overall • Changed the order the handbook so it flowed better. If you need more information please don't hesitate to ask me. Thanks. cc: Jane Chambers, Assistant City Manager • its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION ADOPTING AMENDED PERSONNEL RULES AND REGULATIONS WHEREAS, in 1997 the City of Brooklyn Center adopted a personnel policy; and WHEREAS, the personnel rules and regulations have been reviewed for consistency with changes in State and Federal laws; and WHEREAS, attached hereto and incorporated herein by reference is Exhibit "A", a proposed City of Brooklyn Center Personnel Rules and Regulations dated in the year 2000; and WHEREAS, adoption of the personnel rules and regulations dated as of the year 2000 would provide a uniform, comprehensive, and efficient system of personnel administration for the City of Brooklyn Center, except insofar as the personnel rules and regulations would be inapplicable to employees covered by a collective bargaining agreement; and WHEREAS, the proposed personnel rules and regulations set forth in Exhibit "A" • are reasonable and proper. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that all previous adoptions of personnel rules and regulations be in hereby are rescinded and that the personnel rules and regulations as set forth in Exhibit "A" be and hereby are approved and adopted. 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 " City of Brooklyn Center Personnel Rules and Regulations 2000 • SECTION 1- PURPOSE ....................... ..............................4 1 .1 Purpose ... ............................... ..................4 1.2 Adoption & Amendment ............ ............................... 4 1.3 Savings Clause .................... ..............................4 1.4 Department Rules ................. ............................... 4 1.5 Application - Positions ............. ............................... 4 1.6 At -Will Employment ............... ............................... 4 1.7 Employment Guidelines ............ ............................... 4 1.8 Labor Agreements ................ ............................... 4 1.9 Management Rights ............... ............................... 5 SECTION 2- DEFINITIONS .................... ..............................6 SECTION 3 - CONDUCT AND ETHICS .......... ............................... 8 3.1 Sexual Harassment ................ ............................... 8 3.2 Drug & Alcohol Free Workplace ..... ............................... 9 3.7 Tobacco Use ..................... .............................17 3.8 Gifts and Gratuities ............... ............................... 17 3.9 Membership on Advisory Commissions .............................. 18 3.10 Information Systems/Internet Use Policy ............................. 18 • SECTION 4 - RECRUITMENT/EMPLOYMENT ................................. 22 4.1 Position Opening Authorization .. ....... • . • . ... • • . • • • . • .. . . .. 22 4.2 Recruitment ...................... .............................22 4.3 Notification of Appointment ........ ............................... 22 4.4 Probationary Period .............. ............................... 22 4.5 Dismissal During the Probationary Period ............................. 22 4.6 Benefits During Probationary Period .. ............................... 22 4.7 Reference Checks .................. .............................22 4.8 Employment of Relatives .......... ............................... 22 4.9 Discipline ........................ .............................22 4.10 Grievances ....................... .............................22 4.11 Declaration of Affirmative Action .... ............................... 22 SECTION 5 - EMPLOYEE COMPENSATION .... ............................... 24 5.1 Compensation Plan ............... ............................... 24 5.2 Reclassification .................. ............................... 24 5.3 Overtime /Compensatory Time - Fair Labor Standards Act ................ 24 5.4 Compensatory Time - Non - Exempt Employees ......................... 24 5.5 General Rules - Overtime /Comp Time ............................... 25 5.6 Temporary Fill- In at a Higher Classification ........................... 25 • SECTION 6 - GENERAL BENEFITS ........... ............................... 26 • 6.1 Health Coverage ................... .............................26 6.2 Dental Benefits ............................. ................. 26 6.3 Life Insurance ................... ............................... 26 6.4 P. E. R. A .......................... .............................26 6.5 Deferred Compensation Program .... ............................... 26 6.6 Flexible Benefits Plan ............. ............................... 26 6.7 Payroll Savings ..................... .............................26 SECTION 7 - LEAVE BENEFITS .............. ............................... 27 7.1 Official City Holidays ............. ............................... 27 7.2 Personal Floating Holiday - Regular Full -time .......................... 27 7.3 Vacation Leave - Regular Full-time Employees ......................... 28 7.4 Sick Leave - Regular Full -time Employees ............................ 28 7.5 Official Record - Sick, Vacation, and Compensatory ..................... 29 7.6 Workers' Compensation ........... ............................... 29 7.7 Funeral Leave ..................... .............................29 7.8 Military Leave for Training Purposes .. ............................ 30 7.9 Jury Duty ........................ .............................30 7.10 Bone Marrow Donation Leave ...... ............................... 30 7.11 School Conference & Activities Leave ............................... 30 7.12 Leave of Absence ................ ............................... 30 • 7.13 Family Medical Leave Act - FULA .. ............................... 30 7.14 Limitation of Grants of Leave without Compensation .................... 33 7.15 Leave Extension Request .......... ............................... 33 7.16 Reinstatement From Leave of Absence ............................... 34 7.17 Inclement Weather ............... ............................... 34 SECTION 8 - LIGHT DUTY .................. ............................... 35 8.1 Purpose ......................... .............................35 8.2 Policy ........................... .............................35 8.3 Procedure: Applying for Light Duty Work ............................ 35 SECTION 9 - SEPARATION FROM EMPLOYMENT ............................. 36 9.1 Resignations ...................... .............................36 9.2 Dismissal ........................ .............................36 9.3 Lay - Offs ......................... .............................36 9.4 Benefits for City Retirees .......... ............................... 36 SECTION 10 - TUITION REFUND PROGRAM ... ............................... 39 10.1 Tuition Refund .................... .............................39 • City of Brooklyn Center SECTION 11 - RECORDS AND REPORTS ...... ............................... 40 11.1 Personnel File ................... ............ .................... 40 11.2 Job Descriptions ................. ............................... 40 11.3 Performance Reports ............. ............................... 40 11.4 Employee Identification Card ....... ............................... 40 SECTION 12 - EXPENSE REIMBURSEMENT ... ............................... 41 12.1 Shoes /Clothing Reimbursement ..... ............................... 41 12.2 Mileage Reimbursement ........... ............................... 41 12.3 Personnel Expense Reimbursement ... ............................... 41 12.4 Accrual of Benefits for Airline For City Business ....................... 42 12.5 City Vehicles ................... ............................... 42 • • City of Brooklyn Center SECTION 1 1.1 Purpose The purpose is to provide a uniform, comprehensive and efficient system of personnel administration and policies for the City of Brooklyn Center. 1.2 Adoption & Amendment These rules were prepared and recommended by the City Manager in accordance with the personnel ordinance. The City of Brooklyn Center reserves the right to unilaterally modify the personnel rules, policy and ordinance. 1.3 Savings Clause If a personnel regulation is held invalid by judicial or legislative action, the remainder of these rules will not be affected. 1.4 Department Rules In accordance with these Rules, each Department Head may establish written departmental rules of procedure that do not conflict with these regulations to cover unique circumstances. Departmental rules must be approved in writing by the City Manager prior to implementation. 1.5 Application - Positions • All employees (regular full and part- time), offices and positions in the municipal employ, now existing or hereafter created, will be subject to the provisions of these regulations except the following: a. Elected officials b. Members of boards and commissions C. Volunteer members of the Fire Department d. City Manager e. City Attorney f. Persons engaged under contract to supply expert, professional, technical, or any other services g. Other positions so designated. 1.6 At -Will Employment All City employees are hired on an at -will basis. 1.7 Employment Guidelines These rules and regulations are guidelines for the City and its employees regarding City employment. They do not constitute an employment contract. The City reserves the right to change any personnel policy at any time at its discretion. 1.8 Labor Agreements • With respect to employees whose positions are included in a collective bargaining unit, provisions of the applicable collective bargaining agreements negotiated pursuant to the 4 City of Brooklyn Center Public Employment Labor Relations Act MS 179A.01- 179A.25 supersede these rules , p and regulations on any subject area covered by both the collective bargaining agreement and these rules and regulations. The City Manager is signatory to any collective bargaining agreement applicable to employees covered. 1.9 Management Rights The City, through the City Manager, retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by current collective bargaining agreements, these regulations, and City Council resolutions. • • 5 City of Brooklyn Center • SECTION 2 - DEFINITIONS Unless otherwise indicated, the following words and terms have meanings indicated below: Appointment - a regular assignment to a paid position in the City service. Days - Calendar day; including Saturday, Sunday, and holidays unless otherwise specified. Demotion - a change of an employee's status from a position in one job class to a I I' osition in another J responsible job class with less duties and could result in a lower P P salary range. FLSA - Fair Labor Standards Act which is a federal law regarding minimum wage and overtime compensation, classifying positions as exempt or non - exempt. a. Exempt Employee - employee specifically exempt from the overtime compensation provisions of applicable FLSA (Fair Labor Standards Act) legislation as defined and limited by administrative rules and regulations; these employees generally have as their primary duty management, administration, or work of a professional nature. b. Non - exempt - employees who are entitled to a minimum wage and overtime • compensation pursuant to applicable fair labor standards legislation (FLSA). Position - a group of current duties and responsibilities requiring the full -time or part- time employment of one person. Regular Full -Time - an employee in a classified position who works a 40 -hour work week and was hired for a service duration in excess of 12 months and has successfully completed the probationary period. Regular Part -Time - an employee in a classified position who works less than the 40- hour work week and was hired for service duration in excess of six months and has successfully completed the probationary period. Temporary Full -Time - an employee who works a 40 -hour work week whose employment is limited by duration of a specific project or task; temporary employees serve at the will of the City Manager. Temporary Part -Time - an employee who works less than the 40 -hour work week whose employment is limited by duration of the specific project or task; temporary employees serve at the will of the City Manager. Probationary Employee - an employee who is serving a probationary period in a position to or from which the employee was appointed, promoted, transferred, demoted, • reclassified or reinstated. 6 City of Brooklyn Center • Probationary Period - a six to twelve month working trial period. Promotion - a change of an employee from a position of one job class to a position of another job class with more responsible duties and a higher salary range. Reclassification - a change in classification of an individual position by raising it to a higher job class, reducing it to a lower job class, or moving it to another class at the same level on the basis of significant changes in kind, difficulty or responsibility of the work performed in such a position. Veteran - a person defined as a veteran by Minnesota Statutes, Section 197.447. Veteran's Preference - the preference granted to veterans by Minnesota Statutes, Sections 43A.11 and 197.481. s 7 I City of Brooklyn Center . SECTION 3 - CONDUCT AND ETHICS 3.1 Sexual Harassment This sexual harassment policy applies to all officials and employees of the City including regular full -time and regular part -time employees, elected and appointed officials, temporary, seasonal and non - regular employees, employees covered or exempted from personnel rules or regulations, and independent contractors and consultants. Sexual harassment is a form of sex discrimination prohibited by state and federal law. Employees have the right to a workplace free of sexual harassment. The City will not tolerate sexual harassment of its employees by anyone- supervisors, other employees, officials or citizens. Persons harassing others will be promptly and firmly disciplined. All personnel must become familiar and comply with this policy. 1. Definition of Sexual Harassment Sexual harassment includes, but is not limited to, unwelcome sexual advances, request for sexual favors, sexually motivated physical contact, or communication of a sexual nature when: a. Submission to such conduct is made either explicitly or implicitly a term or condition of employment or public service; b. Submission to or rejection of such conduct by an employee is used as the basis for an employment decision such as promotion, assignment, demotion, discipline, or discharge; C. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. 2. Examples of Sexual Harassment Behavior that could be considered sexual harassment may include: a. Verbal harassment (e.g., sexually- oriented comments, innuendoes, or derogatory remarks); b. Physical harassment (e.g., unwelcome touching, gestures, assault, impeding one's movement or other physical contact that an employee finds offensive); C. Visual forms of harassment (e.g., derogatory posters, letters, poems, graffiti, cartoons or drawings); or d. Requests for sexual favors or unwelcome sexual advances. 3. Reporting Procedure Employees who believe they have experienced sexual harassment or who know of conduct they believe might constitute sexual harassment toward an employee, are • required to report it to their supervisor or department head, the Assistant City Manager or the City Manager. The Supervisor or Department Head who receives the report should inform the Assistant City Manager or the City Manager in 8 City of Brooklyn Center confidence as soon as possible. If any employee directly receives an oral or written complaint from an alleged victim of sexual harassment, he or she must immediately forward the complaint to the Assistant City Manager or the City Manager or direct the alleged victim to report the incident. Failure to forward a report of alleged sexual harassment to the appropriate person could result in disciplinary action against the person who neglected to make the report. 4 Investigation and Recommendation Upon receiving any report alleging sexual harassment, the Assistant City Manager or City Manager will conduct an investigation. To the extent possible, the allegations and investigation will be kept confidential. An alleged victim may have a staff person of the same gender present during all contacts with the Assistant City Manager. The alleged victim and any witnesses may be asked to put their reports in writing. If the facts are found to support the allegations, the harasser will be subject to disciplinary action up to and possibly including immediate termination depending on the circumstances and severity of the harassment. The Assistant City Manager may report on the investigation and its results to the City Manager. The City will keep a complete record of the nature of the complaint, its investigation and its resolution. Pending completion of the investigation, the designated personnel representative may take any appropriate action necessary to protect the alleged victim, other employees, or citizens. Anyone who makes a false complaint of sexual harassment or anyone who gives false information during a sexual harassment investigation could also be subject to disciplinary action up to and including immediate termination. The City may also discipline any individual who retaliates against a person who testifies, assists or participates in any manner in a sexual harassment investigation. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. 3.2 Drug and Alcohol Free Work Place Employees are required to report to work on time and in appropriate mental and physical condition for work. No employee shall be under the influence of any drug or alcohol while the employee is working or while the employee is on the employer's premises or operating the employer's vehicle, machinery or equipment, except to the extent authorized by a valid medical prescription. Violations of this policy will result in disciplinary action, up to and including termination, and may have legal consequences. 1. Drug and Alcohol Testing • a. Purpose This policy is to provide for the testing of employees and job applicants in conformance with the requirements of MN Statute 181.950 - 181.957. 9 City of Brooklyn'Center b. Scope This drug and alcohol testing policy applies to all employees of the City and to all job applicants who have received a contingent offer of employment by the City. C. Definition For the purposes of the Policy, the following definitions will apply: 1. Alcohol - Ethyl alcohol. 2. Confirmatory Test and Confirmatory Retest - A drug or alcohol test that uses a method of analysis allowed under one of the programs listed in Minnesota Statute Section 181.953, Subd. 1. 3. Conviction - A finding of guilty (including a plea of " nolo contenders") or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of state or federal criminal drug statutes. 4. Drug - A controlled substance as defined in Minnesota Statute Section 152.01., Subd. 4. and/or if required by law, the federal Drug -Free Workplace Act of 1988. 5. Drug and Alcohol Testing, Drug or Alcohol Testing, and Drug or Alcohol Test - Analysis of a body component sample according to the standards established under one of the programs listed in Minnesota Statute Section 181.953, Subd.l for the purpose of • measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested. 6. Drug paraphernalia - An item or items described in Minnesota Statute Section 152.01, Subd. 18. 7. Employee - A person defined as an employee of the City under the State of Minnesota Public Employment Labor Relations Act in Section 179A.03, Subd. 14. 8. Employer - The City of Brooklyn Center acting through its designees of the City Council. 9. Initial Screening Test - A drug or alcohol test which uses a method of analysis under one of the programs listed in Minnesota Statute Section 181.953, Subd. 1. and which is capable of detecting the presumptive presence of a drug, drug metabolite, or alcohol in a sample. 10. Job Applicant - A person who applies to become an employee of the City, and includes a person who has received a job offer made contingent on the person passing a drug test. 11. Premises - All property and locations in which the City is operating or has established a presence. 12. Positive Test Result - A finding of the presence of drugs, alcohol, or their metabolites in the sample tested in levels at or above the threshold detection levels contained in the standards of one of the programs listed in Minnesota Statute Section 181.953, Subd. 1. An alcohol test will be considered positive if the testee has an alcohol concentration level of at least .02 or a lesser level if it is 10 City of Brooklyn Center accompanied by an odor of an alcoholic beverage or signs of physical impairment in violation of the City's Personnel Policy. A residue amount of alcohol will be considered a positive test result only if accompanied by a violation of the City's personnel policies. 13. Reasonable Suspicion - A basis for forming. a belief based on specific facts and rational inferences drawn from those facts. 14. Safety - sensitive position - A job, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person. 15. Under the influence - Having the presence of a drug or alcohol at or above the level of a positive test result. d. Circumstances under which testing may occur: Any employee or job applicant of the City may be tested under the following circumstances: 1. Job Applicant A job applicant may be requested or required to undergo drug testing after a job offer has been conditionally made and before commencing employment in the position. Alcohol testing will not be a part of a post -offer pre - employment physical examination. 2. Treatment Program Testing The City may test any employee referred by the City for chemical dependency treatment or evaluation at any time and without prior notice during the period of treatment or evaluation and for up to two (2) years following completion of any prescribed chemical dependency treatment or evaluation program in accordance with Minnesota Statutes 181.951, Subd.6. 3. Reasonable Suspicion Testing No employee will be tested for drugs or alcohol under this policy without the person's consent. If, however, the City asks an employee to undergo a drug or alcohol test and the employee refuses, the employee may be subject to disciplinary action. The City may request or require an employee to undergo drug or alcohol testing if the employer has a reasonable suspicion that the employee: a. is under the influence of drugs or alcohol; b. has violated the employer's written work rules prohibiting the use, possession, sale, or transfer of drugs or alcohol while the employee is on the employer's premises or operating the employer's vehicle, machinery, or equipment; C. has sustained or caused another person to sustain a work related personal injury; or 11 City of Brooklyn Center d. has caused a work related accident or was operating or helping to operate machinery, equipment, or vehicle involved in a work related accident. e. Criteria for Selecting Testing Laboratories When an employee or job applicant is to undergo drug or alcohol testing, the testing laboratory shall be certified and accredited to meet the criteria in accordance with Minnesota Statutes 181.953, Subd. 1. E Refusal to Undergo Testing 1. Job Applicants - Job applicants may refuse to undergo drug testing. However, if a job applicant refuses to undergo drug testing requested or required by the employer, no such test shall be given and the job applicant shall be deemed to have withdrawn the application for consideration for employment. 2. Employees - Employees may refuse to undergo drug testing. However, if an employee refuses to undergo drug and alcohol testing carried out in conjunction with this Policy the employee may be subject to discipline including, but not limited to, discharge. g. Tampering with the Urine or Blood Sample: If an employee tampers with his or her own urine or blood sample, or in any way deliberately causes a sample to be invalid, the employee may be subject to discipline including, but not limited to, discharge. h. First Failure to Pass Drug and Alcohol Testing Without evidence of any other misconduct any employee who for the first time has a positive test result on a confirmatory test will not be subject to discipline, including but not limited to discharge unless: 1. The City has given the employee an opportunity to participate in, at the employee's own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the City after consultation with a certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency; and 2. The employee has either refused to participate in such a program or has failed to successfully complete the program within a reasonable time as evidenced by withdrawal or a positive test result on a confirmatory test after completion of the program. • 12 City of Brooklyn Center • L Failure to Pass Drug and Alcohol Testing 1. Initial Screening Test (Employee) - The City will not discharge, discipline, discriminate against or require rehabilitation of an employee solely on the basis of a positive Initial Screening Test that has not been verified by a Confirmatory Test. However, the City may temporarily suspend a tested Employee whose test results are positive or transfer the Employee to another position at the same rate of pay pending the outcome of a Confirmatory Test (and, if requested, a Confirmatory Retest) if the City believes it is necessary to protect the health or safety of the employee, co- workers or the public. An employee who is suspended without pay will be reinstated with back pay if the outcome of the Confirmatory Retest is not positive. Requests for such a Retest must be made in writing within five (5) days of the employee's receipt of notice of the test results. An employee who receives a positive test result on a Confirmatory Test and does not request in writing a Confirmatory Retest within five (5) working days after notice of positive Confirmatory Test results, may be subject to discipline including, but not limited to, discharge subject to the provisions of this policy. 2. Initial Screening Test (Job Applicant) - The City will not withdraw a conditional offer of employment on the basis of a positive test result on a job applicant's Initial Screening Test. An Initial Screening Test must be verified by a Confirmatory Test (and a Confirmatory Retest, if requested) before a conditional offer of employment can be withdrawn. A job applicant who receives a positive test result of a Confirmatory Test, fails or refuses a Confirmatory Retest, or does not request in writing a Confirmatory Retest within five (5) days after notice of a positive test result of a positive test result of a Confirmatory Test, may be refused employment and will be notified of the reasons for such refusal. 3. Confirmatory Test - Discipline for a Confirmatory Test verifying a positive test result on an Initial Screening Test may include discharge of an employee; provided, however, that prior to discharge, the employee is given the opportunity to explain a positive test result and request and pay for a Confirmatory Retest on the original sample. If the Confirmatory Retest is not positive, no action will be taken against the employee. If the Confirmatory Retest is positive, and if it is the first positive retest result for the employee, the employee will not be terminated if the employee elects to participate, at the employee's own expense, in a drug or alcohol treatment or rehabilitation program, whichever is • appropriate. An employee who either refuses to participate in the treatment or rehabilitation program or who fails to successfully complete the treatment or rehabilitation program (as evidenced by 13 City of Brooklyn Center • withdrawal of the program before its completion or by a positive test result on a Confirmatory Test during or after completion of the program), may be subsequently discharged. j. Rights of Employee or Job Applicant or Notice of Test Results 1. An employee or job applicant who receives a positive test result on a Confirmatory Test has the right to receive a copy of the test result report and, within three (3) working days of notice of the original positive Confirmatory Test result, to submit information to the City in addition to any information already submitted to explain that result, or within five (5) working days to notify the City in writing of the employee's intention to obtain a Confirmatory Retest of the original sample at the employee's or job applicant's own expense. 2. If the Confirmatory Retest is conducted in accordance with rules established by the Commissioner of the Minnesota Department of Health by a qualified laboratory in accordance with Minnesota Statute Section II, E., and if it is not positive, the City shall reimburse the employee or job applicant for the actual cost of the Confirmatory Retest in an amount not to exceed $100.00 and no adverse personnel action shall be taken against the employee or job • applicant based on the original Confirmatory Test. k. General Testing Procedures All testing will be performed by a licensed laboratory that certifies its compliance with the requirements of Minnesota Statutes 181.953 et. se q. When the City decides to test for drug or alcohol use on any of the grounds enumerated in Section II, D., the following procedures will apply: 1. Initial Screening Test a. Acknowledement. Before the Initial Screening Test, the employee or job applicant shall be informed of the City's testing policy and given a form on which the employee or job applicant can acknowledge being so informed. The form shall allow the employee or job applicant to indicate any medication (prescription, signed for, or over -the- counter) that the individual is currently taking or has recently taken and other information relevant to the reliability of or explanation for a positive test result. Medical information disclosed on the form shall not be used as the basis for any adverse personnel action. b. If the Initial Screening Test produces a negative result, • written notice of such result will be given to the individual who took the test within three (3) working days after the City receives the test result report. The employee or 14 City of Brooklyn Center applicant will also be notified that they have the right to request and receive a copy of the test report. C. The testing laboratory will perform a Confirmatory Test on all samples that produce a positive test result on the Initial Screening Test. 2. :Confirmatory Test. If the Initial Screening Test produces a positive test result, a second test (known as the Confirmatory Test) will be conducted by the laboratory. If the Confirmatory Test is not positive, the City will send written notice of this fact to the employee or job applicant within three (3) working days after receiving the result. If the Confirmatory Test produces a positive test result, the City will take the following four steps: a. The City will send written notice of the positive test result within three (3) working days after receiving it to the employee or job applicant. b. The employee or job applicant will be informed of the right • to receive a copy of the test result. C. The employee or job applicant will be told of the right to explain the positive result. d. The employee or job applicant will be informed of the right to request a Confirmatory Retest of the original sample at the employee's or job applicant's expense. The employee or job applicant has five (5) working days in which to notify the City of this request in writing. 3. Confirmatory Retests. If an employee or job applicant chooses to request a Confirmatory Retest, the employee or job applicant has five (5) working days within which to notify the City of this request in writing. Within three (3) days of the receipt of such request, the City will notify the original testing laboratory that it is to conduct a Confirmatory Retest or transfer the sample to another certified laboratory for retesting. If the Confirmatory Retest does not confirm the original positive test result, no adverse personnel action will be taken by the City. If the confirmatory Retest is positive, the City may withdraw its conditional offer of employment to a job applicant or terminate an employee if such • employee chooses not to participate in a chemical dependency treatment or evaluation program. 15 City of Brooklyn Center 1. Data Privacy Test result reports and other information acquired in the drug and alcohol testing process are private data on individuals as defined in Minnesota Statutes, Chapter 13, and may not be disclosed to another employer or to a third party individual, governmental agency, or private organization without the written consent of the employee or applicant tested, unless otherwise permitted by law or required by court order. (See Minnesota Statutes 181.954, Subd. 3.) m. Other Misconduct Nothing in this Policy limits the right of the City to discipline or discharge an employee on grounds other than a positive test result in a Confirmatory Test. For example, possession but not consumption of a controlled substance, the sale of a controlled substance on City premises, or conviction under any criminal drug statute for a violation occurring in the workplace, may by themselves, be grounds for discipline or discharge. Any City employee may be subject to discipline up to and including termination for violation of this Policy or any rules adopted by the City with respect to the manufacture, use, sale, or transfer of drugs and alcohol. n. Administrative Responsibility 1. The City Manager shall be responsible for implementing this Policy. 2. Each Department Manager and Supervisor shall be responsible for informing their employees of this Policy. 3. Each employee of the City shall be notified of this Policy. Employees shall acknowledge in writing of their notification of this Policy. 2. Drug Free Workplace The City recognizes the value of having a drug -free workplace and in conjunction with the Drug -Free Workplace Act of 1988 adopts the following policy: 1. The unlawful manufacturing, distribution, dispensation, possession or use of a controlled substance is prohibited in the workplace. For purposes of this section, the term "controlled substance" is defined as a controlled substance which appears in Scheduled I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812). 2. A violation of this drug -free policy constitutes "just cause" for disciplinary action, up to and including immediate suspension or termination, or both. 3. As a condition of employment, employees will abide by the terms and • conditions of this drug -free policy and will notify their department head of any criminal drug statute conviction for which a violation occurs in the workplace within five calendar days after such conviction. 16 City of Brooklyn Center • 4. The City will notify the contracting agency within ten calendar days after receiving actual notice of an above conviction. 5. Within 30 days of receiving notice from an employee of a drug related workplace conviction, the City may require an employee to satisfactorily participate in a drug abuse assistance or an appropriate rehabilitation program.. 6. The City will establish a drug -free awareness program to inform employees about: a. the dangers of drug abuse in the workplace; b. the policy of maintaining a drug -free workplace; C. the availability of drug counseling, rehabilitation and employee assistance programs; d. the penalties that may be imposed upon employees for drug abuse violations. Each situation will be evaluated on a case -by -case basis depending upon the severity and circumstances. The City will make a good faith effort to continue to maintain a drug -free workplace through implementation of this policy. 3.7 Tobacco Use Tobacco products (i.e. chewing tobacco, smoking, etc.) are prohibited in City buildings and vehicles. 3.8 Gifts and Gratuities An employee may not solicit any gift or gratuity from any other employee or member of the general public. In no instance may a gift or gratuity be solicited or even hinted. In no instance may any gift or gratuity be accepted by a City employee, even if the gift or gratuity was unsolicited. There are very limited exceptions to what is considered a gift or gratuity. The exceptions include: 1. A plaque or similar memento recognizing an individual's services in a field of specialty or to a charitable cause. 2. A trinket or memento of insignificant value. 3. Informational materials of unexceptional value. 4. Food or beverage given at a reception, meal, or meeting away from your normal place of work by an organization before whom you are appearing to make a speech or answer questions as a part of a program. All other gifts of food or beverage are prohibited. Vendor contributions to a meeting of local officials for breakfasts, hospitality rooms, snacks, or refreshments are prohibited. 17 City of Brooklyn "Center • 5. Usual or customary gift giving among employees during the holiday season, birthdays, retirements weddings, showers rolls cookies flowers, etc., provided Y s g, Y P by coworkers. 6. Gifts from a family member. Good judgment is advised. When you are faced with a situation concerning the acceptance of an item, you should seek approval from your supervisor prior to its acceptance and, if not resolved with your supervisor, proceed up the departmental ladder. It is important that each of us maintain high standards of public service and remain within the letter and spirit of ethical behavior. 3.9 Membership on Advisory Commissions City employees are, pursuant to City Council policy, ineligible for appointment or service on City Advisory Commissions. City employee participation with commissions is assigned by City Manager. 3.10 Information Systems/Internet Use Policy The purpose of this policy is to define acceptable and unacceptable use of the computer system and network resources. 1. Software Use in Accordance with License Agreements Employees shall adhere to all software license agreements, with regard to duplication and use as directed by the software publisher. 2. Remote Connections and Special Applications Applications for remote connections and special applications will be reviewed and approved at the discretion of the MIS /Technology Coordinator. Formal requests should be in writing, with an in -depth explanation of need and the cost savings involved. 3. Authorized Software ALL software used on City computer and network systems must be approved and installed by the MIS /Technology Coordinator. Written requests for new and demonstration software packages will be reviewed and approved at the discretion of the MIS /Technology Coordinator. City employees are prohibited from downloading, acquiring, or installing their own software without prior consent and approval from the MIS/Technology Coordinator, 4. Virus Protection All files brought into the City, via diskette or electronic transmission will be scanned for viruses. This includes diskettes from all service personnel, vendors, clients, and other government agencies. • 5. Electronic Mail Electronic mail should be considered non - private information periodically reviewed and used for investigation by the MIS /Technology Coordinator and department heads. The electronic mail system is not to be used to harass any 18 City of Brooklyn Center other individual. Use of the electronic mail system is considered to be acceptance and acknowledgment of this rule. 6. City Computer Data All data stored on computer media owned, leased or rented by the City is considered to be owned by the city, and non - private (under the provisions of the Minnesota Data Practices Act), including information stored on local drives. Data shall be subject to the Minnesota Data Practices Act and its use and dissemination shall be consistent with the data's classification under the Minnesota Data Practices Act. This data is also subject to review and investigation at the discretion of the MIS /Technology Coordinator and department heads. 7. Using the Word Wide Web City employees are encouraged to find ways to access information from other governmental agencies and related sites, but must realize that in some cases the time spent looking for something will take longer than the conventional method, Department Heads should be aware of the time spent by their employees, and employees should keep an accurate record of time spent and useful addresses for future use. a. Auditing of World Wide Web Use The City has the ability to document and investigate all sites viewed by user name and location. All employees must be aware that they will be monitored and any site viewed that is of a questionable nature may result in disciplinary action. This restriction includes browsing of entertainment sites or sites geared for an adult audience, infractions of this nature will be dealt with to the fullest extent of the discipline policy. b. File Downloads and Virus Protection All files downloaded from the Internet must be of a business nature, and approved for download by the MIS /Technology Coordinator. File must be saved to the network server to ensure that a virus scan is automatically performed. C. General Internet Restrictions City staff accessing the Internet through City resources, shall not: 1. Mask their true identity. This includes, but is not limited to, sending mail anonymously. 2. Use the system for any activity that is commercial in nature. Commercial activities include, but are not limited to, consulting, typing services, and developing software for sale. 3. Post on electronic bulletin boards materials that violate existing laws or the City's Human Resource policies. 4. Post on Internet services information that may be slanderous or defamatory in nature. 19 City of Brooklyn Center 5. Attempt to monitor or tamper with another user's electronic communications, or reading, copying, changing, or deleting another user's files or software without the explicit agreement of the owner. 8. Personal Use Recognizing that employees will benefit from practice on the computer, the PC's may be operated for personal use - following guidelines fisted below: a. Employees must obtain department head or other designated staff approval for personal use in the office where the PC is located. b. Personal use is permitted only before and after regular business hours and only when other City business is not to be performed on the systems. C. Employees must use their own paper and disks (which must be scanned and approved for use by the MIS /Technology Coordinator). d. Only City employees are to use the PC's. e.' Use of City computers, software and peripherals for the following is strictly prohibited at all times: 1. for profit or commercial activities; 2. for any other public office or employment which is incompatible with City employment responsibilities, as determined by the City Manager, • 3. for any political activity f. Internet e-mail may be used for personal correspondence, as long as it does not interfere with the normal duties of the employee. 1. using the City Internet e-mail system to participate in any kind of broadcast mailing list is strictly prohibited. 9. Violation of Guidelines Violation of any of these guidelines shall be dealt with on an individual basis, consistent with the nature of the infraction. For all City employees, as defined in the City Policy Handbook, infractions will be dealt with through normal personnel procedures - up to and including termination. For all other persons' infractions will be responded to by appropriate legal action. i 20 City of Brooklyn Center • SECTION 4 - RECRUITMENT/EMPLOYMENT 4.1 Position Opening Authorization Department Heads will notify the City Manager and make recommendations when a replacement vacancy exists in a department or when there is a desire to fill a newly created position. The City Manager will review the request and recommendations and advise the department head on the proper course of action. The City Manager is the final authority in the filling of all positions. 4.2 Recruitment The recruitment of applicants for employment with the City shall take place at the direction of the City Manager through Human Resources. 4.3 Notification of Appointment The City Manager will notify the candidate selected for appointment in writing. The notification must include the employment starting date and salary. The Department Head must provide the newly appointed employee with a current position description to indicate those duties and responsibilities for which the employee is accountable. 4.4 Probationary Period The probationary period begins immediately upon starting date and continues for six (6) to twelve (12) working months unless otherwise specified in union contract. Department Head must inform the City Manager of employee's successful completion of the probationary period. All newly hired or rehired employees will serve a six (6) to twelve (12) month 1 hi promoted, probationary period. A time during he probationary period new red o ed p rYp At gt P a �'p Y ,p , or rehired employees may be terminated, demoted, or reassigned at the sole discretion of the employer. No cause for discharge is necessary. Time served in temporary positions is not considered art of the probationary period. P �'Y P P p �Y p 4.5 Dismissal During the Probationary Period A Department Head may recommend to the City Manager dismissal of a probationary employee at any time during probation for any reason. The employee must be notified of the termination date in writing from the City Manager. 4.6 Benefits During Probationary Period Sick and vacation leave will accrue during the initial probationary period. Sick and vacation leave may be used as earned under the same conditions as applicable to non- probationary employees. 4.7 Reference Checks • All reference checks for current or terminated employees must be routed to Human Resources. 21 City of Brooklyn 'Center 4.8 Employment of Relatives More than one family member may not be employed within any department where one family member or relative supervises or has the ability to hire, fire or promote another relative, or where there may be a conflict of interest or not in the best interest of the City as determined by the City Manager. 4.9 Discipline The City reserves the right to take any disciplinary action it deems appropriate under the circumstances. 4.10 Grievances Regular full and part-time employees claiming a grievance shall timely submit such grievance to the employee's supervisor who shall consider and examine the grievance and attempt to resolve it to the extent of their authority. If the grievance is not resolved at the supervisory level, it may be referred by the employee to their department head who shall consider and examine the grievance and attempt to resolve it. If the grievance is not resolved at the department head level, it may be referred by the employee to the Assistant City Manager for disposition. 4.11 Declaration of Affirmative Action Policy This is to affirm the City of Brooklyn Center's policy of providing Equal Opportunity to all employees and applicants for employment in accordance with all applicable Equal • Employment Opportunity /Affirmative Action laws, directives and regulations of Federal, State, and Local governing bodies or agencies thereof, specifically Minnesota Statutes 363. The City of Brooklyn Center will not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, sexual or affectional orientation, disability, age, marital status, status with regard to public assistance, or familial status. The City of Brooklyn Center will take Affirmative Action to ensure that all employment practices are free of such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The City of Brooklyn Center will commit the time and resources reasonably necessary, both financial and human, to achieve the goals of Equal Employment Opportunity and Affirmative Action. The City of Brooklyn Center will evaluate the performance of its management and supervisory personnel on the basis of their involvement in achieving these Affirmative Action objectives as well as other established criteria. Any employee of this City who • 22 II� City of Brooklyn Center does not comply with the Equal Employment Opportunity policies and procedures as set forth in this statement and plan may be subject to disciplinary action. No part of this program is to be construed as a contract between the City of Brooklyn Center and any individual employee. It does not describe in any way the terms and, conditions of employment of City employees. Such terms and conditions are set forth in, and the employment relationship is governed by, applicable collective bargaining agreements, employment agreements, or the personnel rules of the City. The City of Brooklyn Center has appointed the Assistant City Manager to manage the Equal Employment Opportunity /Affirmative Action program. The Assistant City Manager's responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this Affirmative Action program, as required by Federal, State and Local agencies. Brooklyn Center City Manager will receive and review reports on the progress of the program. If any employee or applicant for employment believes he /she has been discriminated against, please notify the Assistant City Manager. i • 23 City of Brooklyn Center SECTION 5 - EMPLOYEE COMPENSATION • 5.1 Compensation Plan The City Manager must develop and maintain a compensation plan so all positions substantially similar with respect to the type, difficulty, and responsibility of work are included in the same grade and that the same salary range may be applied to all positions in a grade. The plan shall classify positions in accordance with federal and state laws for all positions. The City Manager will present the compensation plan to the City Council for its approval. The effective date of the compensation plan shall be the date stated in the plan approved by the City Council. 5.2 Reclassification When the duties of a position change substantially, the Department Head may request or the City Manager may initiate a review of the duties of the positions. Based on the results of the review, the City Manager may reclassify the position. 5.3 Overtime /Compensatory Time - Fair Labor Standards Act Pursuant to federal and state wage and hour laws, employees classified as full -time and nonexempt under FLSA who are authorized overtime work in excess of the regular scheduled workweek or pay period will be compensated at a rate of one and one -half • times their base rate of pay for hours worked in excess of their regular schedule. FLSA mandates that the City classify employees in regards to overtime /compensatory time as one of the following categories: FLSA Exempt Employee or FLSA Non - Exempt Employee. 1. FLSA Exempt Employee Exempt employees are not paid for overtime over 40 hours unless otherwise provided by collective bargaining or contract agreement. Exempt employees are generally employees who are classified as professional, administrative, executive and seasonal- recreation, under the FLSA exempt status. 2. FLSA Non - Exempt Employees Overtime or compensatory time must be paid at a rate of one and one -half times the non - exempt (this includes full -time, part-time and temporary employees) employee's regular rate of pay for each hour worked in a work week in excess of 40 hours per week. 5.4 Compensatory Time - Non - Exempt Employees FLSA non - exempt employees have the option of selecting compensatory time at the rate of one and one half times their regular rate of pay in lieu of overtime, to a maximum of 40 hours of comp time accrual. • 24 City of Brooklyn Center 5.5 General Rules - Overtime /Comp Time All overtime and comp time to be worked must be pre- approved by the Department Head prior to working overtime or comp time. Failure to obtain prior approval of overtime and comp time may result in discipline. 5.5 Temporary Fill -In at a Higher Classification From time to time employees may be asked to fill in temporarily at work in a higher classification. The assignment will be made by the Department Head with the approval of the City Manager. If a temporary assignment extends beyond 20 working days, additional compensation at the higher classification may be provided. The duration of a temporary assignment may not exceed six months, unless authorized by the City Manager. • 25 City of Brooklyn Center SECTION 6 - GENERAL BENEFITS • 6.1 Health Coverage - Cafeteria Benefits Plan The City will provide a contribution for regular full -time employees. Benefits may be purchased by employee as made available through the Employer's Cafeteria Benefit Plan. A set dollar amount for benefits will be included in the compensation plan approved by City Council as a separate document. The City will review its contribution on a regular basis. 6.2 Dental Benefits The City will provide a contribution for regular full-time employees. Benefits may be purchased by employee as made available through the Employer's Cafeteria Benefit Plan. The City will review its contribution on a regular basis. 6.3 Life Insurance The City will provide a contribution towards life insurance for regular full -time employees. Employees provided this benefit may purchase through payroll deduction additional term life insurance to supplement the insurance coverage provided by the City. Life insurance coverage paid by the City terminates at the end of the calendar month of employee termination. 6.4 P.E.R.A. • Public Employees Retirement Account will be maintained for regular full and part -time employees or as regulations specify. For details see the PERA manual in the Finance Department. 6.5 Deferred Compensation Program The City provides employees the opportunity to participate in a Deferred Compensation Plan. This voluntary plan allows employees to place a portion of their earnings into pretax deferred investment program. Check with the Finance Department for more information. 6.6 Flexible Benefits Plan The City offers an optional plan in which a portion of the employee's salary can be set aside to cover estimated health care and day care costs. The employee must expend all the money set aside in the flexible benefit plan or lose it. Proof of medical and day care expenses must be submitted. Check with the Finance Department for more information. 6.7 Payroll Savings The City offers an optional payroll savings plan. Check with the Finance Department for more information. ' • 26 City of Brooklyn Center • SECTION 7 - LEAVE BENEFITS 7.1 Official City Holidays New Year's Day January 1 Martin Luther King Day Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day First Monday in September Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Day December 25 Two Personal Floating Holidays (See description below) When a holiday falls on a Saturday or Sunday, the preceding Friday or following Monday is a holiday for employees whose normal work schedule is Monday through Friday. Non -union employees who work a holiday will be paid time and one -half employee's regular pay rate for all hours worked in addition to straight compensatory time off for the holiday. r Employees may observe a religious holiday on days fall n Sunday s which do not a o Su y o a legal holiday. Observance of such a religious holiday must be taken off without pay except where the employee has accumulated vacation and in that case such religious holidays may be charged against such leave accumulations at the option of the employee. Employees who are in collective bargaining must check their agreements and follow contract language for holiday schedules. In order to be paid for holiday leave, the benefit earning employee must be working or using vacation, sick or other approved paid leave on both the day before and after the holiday. 7.2 Personal Floating Holiday - Regular Full -time Employees Employees receive two personal floating holidays per year to be used as follows: 1. Regular full -time employees, employed as of January 1 of each year, shall have one eight (8) hour personal floating holiday to be used within the calendar year. Such floating holiday shall be taken at the employee's discretion upon approval of the employee's supervisor. The floating holiday must be taken as a whole day off and may not be used in partial days. The personal holiday must be used within the calendar year or it will be lost. 2. Regular full -time employees, employed as of Jul 1 of each ear, shall have one � Y Y ( ei ht 8 ) hour P ersonal floating to be used within the period July 1 g g holida Y through December 31 of that year. Such floating holiday must be taken as a 27 City of Brooklyn Center • whole day off and may not be used in partial days. The personal holiday must be used within the period July 1 through December 31 of the year in which it is received or it will be lost. The request for use of a personal holiday follows the request for vacation. 7.3 Vacation Leave - Regular Full -time Employees 1. Regular employees shall earn vacation leave at the rate of 6.67 hours for each calendar month of full -time service or major fraction thereof. Regular employees with five consecutive years of service through 10 consecutive years of service shall earn vacation leave at the rate of 120 hours per year. Regular employees with more than ten consecutive years of service shall earn vacation leave according to the following schedule: During 11th year of service 128 hours per year. During 12th year of service 136 hours per year. During 13th year of service 144 hours per year. During 14th year of service 152 hours per year. During 15th year of service 160 hours per year. In the best interest of the City, vacation leave in excess of the established amount specified in this section may be granted by the City Manager. Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional vacation leave. 2. Accrual Vacation begins accumulating in accordance with date of hire. 3. Usage Vacation leave may be used as earned except that the City Manager shall approve the time at which the vacation leave may be taken. 4. Vacation Accumulation 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. 7.4 Sick Leave - Regular Full -Time Employees 1. Sick leave with pay shall be granted to probationary and regular full -time employees for each calendar month of full-time service or major fraction thereof. Sick leave shall accrue at the rate of eight hours per month until 960 hours have • been accumulated. After 960 hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month, and simultaneously vacation leave, in addition to regular vacation leave accrual, 28 - City of Brooklyn Center • shall accrue at the rate of two (2) hours per month. Employees using earned sick leave shall be considered to be working for the purposes of accumulating additional sick leave. In the best interest of the City, an advance of a maximum of 96 hours of sick leave which must be earned before additional hours accumulate may be granted by the City Manager to newly hired employees who have a minimum of five years of job experience which is directly related to the position for which they are hired. Sick leave may be taken only to the extent that it is earned. Sick leave may be used for illness, injury, employee assistance program, or by necessity for medical or dental care. Sick leave may be used by the employee to care for the employee's spouse, dependents, children, or parents in case of illness or as otherwise approved by the City Manager. The City Manager may require a medical certificate as may be deemed necessary before approving the utilization of sick leave. 2. Sick Leave Request Employees must notify their immediate supervisor on the first day of sick leave and each day of sick leave request before the start of his or her shift unless otherwise required by the supervisor. When possible, sick leave must be requested in advance. • 3. Sick Leave Severance Severance pay in the amount of one -third the accumulated sick leave employees have to their credit at the time of resignation, retirement, or death shall be paid to employees who have been employed for at leave five consecutive years. If discharged for cause, severance pay shall not be allowed. 7.5 Official Record - Sick, Vacation, and Compensatory The City's computerized payroll system is the official record for sick, vacation and compensatory balances. 7.6 Workers' Compensation An employee who is temporarily disabled from work by an injury or illness sustained in the performance of the employee's work with the City, may be eligible for Workers' Compensation payment and additional salary through the use of accrued sick leave. The total of the Workers' Compensation check and the accrued sick leave compensation may not exceed the employee's normal gross pay. For more information on Workers' Compensation contact your supervisor or Human Resources. 7.7 Funeral Leave Earned sick leave may be taken in the event of a death in an employee's immediate family. In this section, the term "immediate family" includes spouse; dependents; • parents; grandparents; sisters; brothers; mother and father -in -law; sister or brother -in- law; grandchildren; nieces and nephews. The length of leave will be determined by the Department Head and the City Manager. 29 City of Brooklyn Center 7.8 Military Leave for Training Purposes Employees who are members of any reserve component of the military forces of the United States or National Guard, will be granted leave of absence without loss of status or pay not to exceed 15 working days per year when ordered to training or active service. The City must receive a copy of the orders from the proper authority directing the employee to report to duty. Military leaves of absence with or without pay shall be granted as provided in Minnesota and Federal Regulations. 7.9 Jury Duty Any regular or probationary full -time employee who is required to serve as a juror or who is under subpoena as a witness in court on City matters, will be granted leave with pay while serving in such capacity. The employee must provide the appropriate paperwork to the City prior to the leave being granted. The employee must give any fees received for such service with the exception of mileage to the City. Temporary employees will be given leave without pay and may retain all fees received. 7.10 Bone Marrow Donation Leave A regular or probationary full -time or temporary employee who average 20 or more hours per week throughout the calendar year, who seek to undergo a medical procedure to donate bone marrow will be granted up to 40 hours of paid leave of absence. The City may require a verification by a physician for the purpose and length of each leave requested. • 7.11 School Conference and Activities Leave In compliance with MN Statutes 181.9412; regular employees may leave up to a total of 16 hours during any 12 -month period to attend school conferences or school - related activities related to the employee's child, provided the activities cannot be scheduled during non - working hours. Parental leave must be requested in writing in advance and processed through the Department Head or Supervisor. An employee may request use of vacation or leave without pay to a maximum total of 16 hours during a 12 -month period. 7.12 Leave of Absence Leave of absence without compensation may be granted by the City Manager for up to six calendar months to an employee for any reasonable purpose and extended by the City Manager for any reasonable period. Employees must submit a written request for personal leave to the department head and, if approved, the Department Head must submit the request to the City Manager. The City Manager may extend the leave of absence if it is found to be in the best interest of the City. 7.13 Family Medical Leave Act - FMLA Family Leave is governed by the Family Medical Leave Act of 1993 and Federal Regulations. The following is a summary of the Family Medical Leave Act and how it applies to employees of the City of Brooklyn Center. • 1. Eligible Employees Eligible employees are those who have: a. Been employed by the City of Brooklyn Center for at least one year; and 30 City of Brooklyn Center b. Have worked a minimum of 1,250 hours within the previous 12 -month period. 2. Circumstances Covered by Family Leave FMLA leave will be granted to an eligible employee for any of the following reasons: a. To care for their child (birth, placement for adoption, or foster care with the employee); b. To care for their spouse, son, daughter, or parent who has a serious health condition; or C. For a serious health condition that makes an employee unable to perform their job duties. 3. Serious Health Condition A serious health condition is an illness or injury that involves: a. An overnight stay in a hospital, hospice or residential medical care facility, and any period of incapacity or subsequent treatment in connection with such medical care; and b. A period of incapacity of more than three consecutive calendar days (including any subsequent treatment period of incapacity relating to the same condition) that also involves: • 1. Treatment two or more times by a health -care provider or certain others (e.g., a nurse or physical therapist) under the supervision of or referral by a health -care provider; or 2. Treatment by a health -care provider at least once which results in a regimen of continuing treatment under the health -care provider's supervision. C. Any period of incapacity due to pregnancy or for prenatal care. d. A chronic condition which: 1. Requires periodic visits for treatment by a health -care provider or a person supervised by a health -care provider; 2. Continues over an extended period of time (including recurring episodes of a single underlying condition); and 3. May cause episodes of incapacity rather than a continuous period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). e. A eriod of incapacity which is permanent or long term due to a condition P P Y P g for hi h person must be under the w e treatment may not be effective. A e so u Y P 31 i City of Brooklyn Center continuing supervision of, but need not be receiving active treatment by, a health -care provider (e.g., Alzheimer's, a severe stroke, or the terminal stages of a disease). f. Any period of absence to receive multiple treatments for restorative surgery after an injury or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention (e.g., cancer chemotherapy, kidney dialysis, etc.). 4. Length of Leave The length of FMLA leave is not to exceed 12 weeks in any 12 -month period. The entitlement to FU LA leave for the birth or placement of a child expires 12 months after the birth or placement of the child. 5. Leave Year The leave year will begin the first day the employee is absent from work on FMLA leave, or calendar year - final determination to be made by City Manager. 6. Notice The employee must give the City at least 30 days advance notice if the leave is foreseeable. If leave must be taken in less than 30 days, the employee should give as much notice as is practicable. 7. Medical Certification The employee must provide a medical certification if the leave is for the serious health condition of a child, spouse, parent or the employee. The City may require a second or third medical opinion at the City's expense. 8. Use of Annual Leave and Sick Leave The employee may choose to use accrued annual leave while on any FMLA leave, but will not be required to do so by the City. Those employees with accrued sick leave banks may choose to substitute sick leave in place of annual leave, or they may choose to supplement their leave with sick -leave hours after their annual leave has been depleted. The use of annual leave and/or sick leave occurs simultaneously with FMLA leave and does not extend the length of FMLA leave. 9. Both Spouses Employed by City When both spouses are employees of the City, each spouse may take up to 12 weeks of FMLA leave per leave year. The leaves may run simultaneously. 10. Continuation of Insurance and Payment of Premiums • An employee on FMLA leave may choose to continue existing health -care benefits (health and dental) and life insurance if they so desire. These benefits will be maintained under the same conditions and at the same level of City contribution as before the employee goes on leave. If there are changes to the 32 City of Brooklyn Center City's contribution levels and/or premium rates while the employee is on leave,- • those changes will take place as if the employee were still on the job. The employee will be required to continue payment of the employee portion of the health -care and/or other insurance coverage they choose to continue. The employee may choose not to retain health -care or other insurance coverage during FMLA leave. When the employee returns from leave, they will be reinstated on the same terms as rior to taking leave without an qualifying P g Yq � g period, physical examination, exclusion of pre - existing conditions or other requirement. 11. Premium Reimbursement The employee will be required to reimburse the City for any premiums paid during the leave if the employee does not return to work, unless the employee cannot return to work due to the continuation of a serious health condition of the child, spouse, parent or employee, or due to other circumstances beyond the control of the employee. 12. Effect on Benefit Accrual The employee will not accrue benefits such as annual leave while on unpaid FMLA leave. Step increases will be extended by the length of the leave. 13. Key Employees • Employees who are not "key" employees will be reinstated to their same position or an equivalent position upon return from leave with equivalent pay, benefits and working conditions. A key employee is defined as a salaried employee who is in the highest ten percent of all employees. Key employees may be denied reinstatement to the same or an equivalent position after a leave if denial is necessary to prevent substantial economic injury to the City's operations. (A "key" employee is a salaried, "eligible" employee who is in the highest paid ten percent of employees within 75 miles of the work site.) 7.14 Limitation of Grants of Leave without Compensation Sick leave and vacation leave accruals will not accumulate during leave of absence without compensation; accrued amounts of both sick leave and vacation leave will remain on the record at the inception of the leave of absence and shall continue upon the return of the employee. If the leave extends for more than 30 days, health and dental coverage and life insurance premiums must be paid in full by the employee during such leave or the coverage will lapse. For leaves without compensation of 30 days or less, the City will continue its normal premium contribution or as policy allows. 7.15 Leave Extension Request • Failure on the part of the employee to request and receive authorization for an extension of leave within three workin g Y expiration da s of of initial leave is considered as a resignation from employment. 33 i City of Brooklyn Center 7.16 Reinstatement From Leave of Absence 1. An employee returning from leave must notify the employee's supervisor at least two weeks prior to the anticipated return date. 2. Upon return from a leave of absence, the employee will be assigned to the previously held position or a position in a comparable class except as herein provided. 3. An employee may be returned to employment at any time prior to the expiration of the leave by.the action of the City Manager. 4. Employees returning from leave will retain all previously accrued benefits of employment and seniority. 7.17 Inclement Weather Leave On days when severe weather occurs, the City of Brooklyn Center offices, operations and facilities will remain open. When severe weather conditions prohibit an employee to report to work or an employee leaves work due to weather, the employee will use either vacation leave or unpaid leave for such absence unless otherwise determined by the City Manager. • 34 City of Brooklyn Center SECTION 8 - LIGHT DUTY • 8.1 Purpose The purpose of this policy is to establish guidelines for temporary assignment of work to temporarily disabled employees who are medically unable to perform their regular work duties. Light duty is evaluated by the City Manager on a case -by -case basis. This policy does not guarantee assignment to light duty. 8.2 Policy The City of Brooklyn Center's Light Duty Program is for short-term, temporary disability -type purposes; assignment of light duty is at the discretion of the City Manager. The City Manager reserves the sole right to determine when and if light duty work will be assigned. 8.3 Procedure: Applying for Light Duty Work When an employee is unable to perform the essential requirements of the employee's job due to a temporary disability, the employee will notify the City Manager or Department Head in writing as to the nature and extent of the disability and the reason why the employee is unable to perform the essential functions, duties, and requirements of the position. This notice must be accompanied by a physician's report containing a diagnosis, current treatment, and any work restrictions related to the temporary disability including the expected time frame regarding return to work full time with no restrictions, meeting all essential requirements and functions of the City's position description along • with a written request for light duty. The City may require an independent evaluation conducted by a physician selected by the City to verify the diagnosis, current treatment, expected length of temporary disability, and work restrictions. It is at the discretion of the City Manager whether or not to assign light duty work to the employee. Although this policy is handled on a case -by -case basis, light duty is recommended to last no longer than six months. The circumstances of each disabled employee performing light duty work will be reviewed regularly. s 35 City of Brooklyn Center SECTION 9 - SEPARATION FROM EMPLOYMENT • 9.1 Resignations 1. To leave employment in good standing employees must submit written resignation to the employer. Such written notices must indicate the effective date of resignation and must be submitted at least fourteen (14) calendar days before such effective date. Failure to comply with this procedure may be considered cause for denying future employment by the municipality and denial of benefits. 2. Unauthorized Absences. Unauthorized absence from work for a period of three working days may be considered as resignation without benefits. 9.2 Dismissal The City etains the right to an immediate h f an employee. edsc i discharge p y 9.3 Lay -Offs The City Manager may lay off any employee whenever such action is made necessary by reason of shortage of work or funds, the abolition of a position, or because of changes in the organization. A full -time benefit earning employee who is laid off from employment shall be provided with a minimum of 14 days advance notice of such layoff or as provided for in Labor Agreement. A laid off full-time benefit earning employee shall have the rights to recall to the same position from which the employee was laid off for up to six months (180 calendar days) following the layoff. Part-time, seasonal, temporary, non - benefit earning employees may be separated from employment at any time, without advance notice and shall have no recall rights. 9.4 Benefits for City Retirees On August 13, 1990, Brooklyn Center City Council adopted Resolution 90 -166 establishing Retirement Health Insurance Program. Benefits for City Retirees have continued to be approved by Council through the date of adoption of this document. It is in the best interest of the City of Brooklyn Center that retiring employees have available to them at their option a quality health insurance program. Therefore the City established a Retirement Health Insurance Program as follows: 1. Severance Pay Severance pay in the amount of one -third the accumulated sick leave employees have to their credit at the time of resignation, retirement, or death shall be paid to employees who have been employed for at leave five consecutive years. If discharged for cause severance pay shall not be allowed. 2. Benefits for City Retirees • a. Employees Eligible for PERA Retirement All employees eligible for a PERA pension separating employment from the City shall have the option of retaining membership in the City of Brooklyn Center's employee health insurance plan for which the 36 I City of Brooklyn Center employee will pay the premium until such time as the retiree is eligible for • Medicare coverage or at age 65, whichever is sooner. If the retiree desires to continue the family coverage and if such coverage is available under the City's policies, the additional cost for family coverage shall be paid monthly by the retiree to the City of Brooklyn Center. b. Employees Retiring after 25 years of Service Employees who are retiring after twenty -five years of consecutive service with the City of Brooklyn Center and are eligible and receiving a pension from PERA shall have the option of retaining membership in the City of Brooklyn Center's employee health insurance plan for which the employee will pay the premium until such time as the retiree is eligible to receive a full- retirement annuity under PERA or PERA police. At that time, the City will pay the single - person premium until such time as the retiree is eligible for Medicare coverage or at age 65, whichever is sooner. If the retiree desires to continue the family coverage and if such coverage is available under the City's policies, the additional cost for family coverage shall be paid monthly by the retiree to the City of Brooklyn Center. C. Employees Retiring with Full Unreduced PERA Pension after 10 years of Service Employees, on the day of his/her retirement, who meet eligibility • requirements for a full- retirement annuity under PERA or PERA Police without reduction of benefits because of age, disability, or any other reason for reduction shall have the option of retaining membership in the City of Brooklyn Center's employee health insurance plan for which the City will pay the single - person premium until such time as the retiree is eligible for Medicare coverage or at age 65, whichever is sooner. If the retiree desires to continue the family coverage and if such coverage is available under the City's policies, the additional cost for family coverage shall be paid monthly by the retiree to the City of Brooklyn Center. In addition, to be eligible for this program, an employee must have been g P g employed full time by the City of Brooklyn Center for the last ten consecutive years prior to the effective date of his/her retirement. Employees participate in this program on a voluntary basis. Eligible employees, as described in the provision above, who become disqualified from participation under the policies of the City's health insurance carriers because of a move out of the service area of such carriers, may elect to continue participation in this program as follows: The employee may recommend to the City an insurance carrier providing health insurance in the area to which the employee has moved. Upon approval of the carrier by the City, qualification for coverage by the • employee and submission of any additional information reasonably required by the City, the City will make monthly payments to the employee for premiums for such policy up to the amount paid by the City for the lowest single - person premium of the City's employee health 37 City of Brooklyn Center insurance plans at the time of payment. Any additional amount required • shall be paid by the eligible employee. Eligible employees electing this option must prove residence in a non - covered geographic area and must submit a written notice of election to the City Manager. Once an eligible employee has been removed from coverage under the City's group health insurance plans pursuant to such an election, the employee may not thereafter re -enter the group and will not be covered under the City's group policies. • 38 City of Brooklyn Center SECTION 10 - TUITION REFUND PROGRAM • 10.1 Tuition Refund Regular full -time employees who have passed their initial probation period may be eligible for reimbursement of tuition and required course fees for courses taken for credit through accredited educational institutions. Tuition reimbursement may be approved for courses with the following criteria: 1. a college level course available for credit; and 2. course is taken on personal time; and 3. course is "work related "; and 4. grade of "C" or better or "satisfactory" is received upon completion; and 5. the training request receives pre - approval, and final approval by the City Manager. Full -time employees who have successfully completed probation may be eligible for a 60% reimbursement of books, tuition and required fees upon completion. Employees who have at least five years of consecutive full -time service are eligible for 75% reimbursement. All regular full time employees who are interested in participating in this program must first submit course work to City Manager for pre - approval. Pre - approval forms may be obtained from Human Resources. Employees must obtain pre - approval to ensure they obtain reimbursement through participation in this program. Maximum reimbursement is $1,500 per employee per calendar year; or may be lower due to budget constraints. • 39 City of Brooklyn Center SECTION 11- RECORDS AND REPORTS 11.1 Personnel File The official personnel file for each regular employee is in the Administration office with the exception of data regarding benefits, which is maintained in Finance. The employee's personnel file contents are proprietary to the City and the employee may not exercise his/her right to review their file more often than once every six months unless new information has been added to the file. 11.2 Job Descriptions The City Manager, with assistance of Department Heads shall establish and maintain a job description for each position. Administration will maintain the official copy of each current job description for regular positions. 11.3 Performance Reports Department Heads and Supervisors shall conduct performance evaluations with regular employees on an annual basis. Evaluations may be conducted more frequently if an employee's performance is unsatisfactory, there are changes to the position or as determined by the supervisor. Performance evaluations should be discussed with the employee before being submitted to the City Manager. Performance evaluations shall be retained in the employee's personnel file. • 11.4 Employee Identification Card Policy All full -time and part-time regular employees out in the field and/or conducting inspections are required to have a City employee identification card. Employee identification cards are available from the police department. Upon termination with the City of Brooklyn Center, employee identification cards must be returned to the appropriate department head/supervisor. • 40 City of Brooklyn Center • SECTION 12 - EXPENSE REIMBURSEMENT POLICY 12.1 Clothing/Foot Protection 1. Eligible Employees All full and part time regular and seasonal employees in the work area of government buildings divisions and employees engaged in building inspection and engineering inspection/survey; golf course maintenance personnel as well as all others so designated (excluding IOUE Local #49 employees.) 2. Procedure Full-time employees will be reimbursed an allowance of $100 per calendar year for urchase of work clothing, r clothing, jackets or vests steel p g, p otecttve cloths g, y � , toed boots /shoes; uniform or rental of such work clothes for use on the job for the City of Brooklyn Center. The employer will reimbursement part-time and/or seasonal employees an allowance of $50 per calendar year for the above listed purchases. The City reserves its right to ensure allowance is used for appropriate work attire. Receipts and description of purchase /rental required prior to reimbursement. Employees who choose to be reimbursed by the City for the optional clothing and/or footwear described above must submit to his /her supervisor a clothing/foot protection reimbursement form and proof of purchase. The supervisor will then submit this documentation to the Human Resources Assistant for final approval. 12.2 Mileage Reimbursement Personal automobile use for authorized trips, meetings, work, etc., will be reimbursed at the rate consistent with IRS. regulations. Mileage reimbursement requests must be in writing and approved by the Department Head. Use of personal vehicle for work purposes must be pre- approved by the Department Head. 12.3 Personnel Expense Reimbursement 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 advance intended t defray costs incurred while on a trip g q e s d o y p 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 O Manager for approval within ten days following the date of return from an authorized trip. Expense claims shall be accompanied by receipts for: 41 City of Brooklyn Center 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. • 12.4 Accrual of Benefits for Airline For City Business City employees /officials using City funds, traveling on City business and using commercial airlines cannot claim frequent flyer mileage or any other similar type credit as their own. Employees/officials must certify that they have not claimed frequent flyer mileage or similar such credits for personal use when they apply for travel reimbursement for City trips. Employees /officials are encouraged to obtain a separate frequent flyer card exclusively for City travel. Employees /officials must use frequent flyer tickets earned while traveling on City business for City travel. Employees /officials cannot use frequent flyer miles as reimbursement for City trips. 12.5 City Vehicles Certain employees of the City are required to drive a City vehicle to their home and keep it there while off duty. They must do so to be able to respond to emergency situations. These emergency situations include fire and police protection, civil defense, and restoring City services such as water, sewer, and streets. It may also be necessary to keep a City vehicle at home for security purposes or other City business purposes. These vehicles must be used for City business use only and cannot be used for the personal use of any employee. Such use is assigned and approved by the City Manager. The employees who are authorized to keep a City vehicle at their home on a regular basis while off duty are as follows: 1. Chief of Police 2. Police Captains 3. Fire Chief 42 i City of Brooklyn Center 4. Public Works Superintendent • 5. Supervisor of Street and Parks Maintenance 6. Supervisor of Public Utilities 7. Liquor Stores' Manager 43 City Council Agenda Item No. 9f City of Brooklyn Center A great place to start. A great place to stay. i MEMORANDUM TO: Mayor Kragness, Councilmembers Hilstrom, Las elson, and Peppe FROM: Michael J. McCauley, City Manager DATE: February 24, 2000 SUBJECT: Joint Engineering Study with Robbins ale In evaluating Phase 4 of the Highway 100 project, Robbinsdale has suggested that several of the issues regarding the designs that will be presented to each of the cities for approval be reviewed by an engineering firm to assist us. There are several issues related to Phase 4 that impact both Robbinsdale and Brooklyn Center. I would recommend that the City participate in a joint engineering review with Robbinsdale, and possibly the North Metro Mayors Highway 100 Coalition. The City of Robbinsdale has solicited and received proposals for these engineering services, which would be completed in approximately six weeks. The specific request would be for authority to join • with Robbinsdale in engaging the services of TKDA Engineers, up to a $10,000 contribution by the City of Brooklyn Center. The $10,000 participation maximum would be funded from local State Aid monies. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING PARTICIPATION WITH THE CITY OF ROBBINSDALE IN ENGAGING THE SERVICES OF TKDA ENGINEERS TO PERFORM ENGINEERING AND RELATED ANALYSIS OF PHASE 4 OF THE HIGHWAY 100 PROJECT WHEREAS, the City of Robbinsdale has approached the City of Brooklyn Center regarding a potential joint engagement of TKDA Engineering to review several aspects of the proposed Phase 4 of the Highway 100 project; and WHEREAS, it would be beneficial to have additional information with which to evaluate and review the Minnesota Department of Transportation's -time line and plans for Phase 4; and WHEREAS, the cost would be divided between the City of Robbinsdale and the City of Brooklyn Center for such a study; and WHEREAS, the City of Robbinsdale solicited and received proposals for engineering services and has recommended the selection of TKDA to perform the studies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager be and hereby is authorized to work with the City of Robbinsdale and contribute up to $10,000 from local State Aid monies for the cost of an engineering study of various issues related to the design timing and suitability of proposed plans for Phase 4 of the Highway 100 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. City Council Agenda Item No. 9g i City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM I TO: Mayor Kragness, Councilmembers Hilstrom, Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manag DATE: February 23, 2000 SUBJECT: Private Property Implementation Act of 1999 The League of Minnesota Cities has requested that cities consider contacting their Congressmen in opposition to House of Representatives File 2372. This Legislation could have the impact of preempting local regulatory control. Every zoning action or inaction could potentially subject cities to federal lawsuits with the associated high costs of litigation. The attached proposed letter is based on the draft letter sent from the League of Minnesota Cities. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer i City of Brooklyn Center A great place to start. A great place to stay. i February 23, 2000 I 1 i Honorable Jim Ramstad U.S. House of Representatives Washington, D.C. 20515 Dear Honorable Ramstad: On behalf of the Brooklyn Center City Council, I am writing you to express my strong opposition to H.R. 2372, the "Private Property Implementation Act of 1999 ". This Bill is virtually identical to last Congress' unsuccessful Bill, (H.R. 1534/S. 2271) which was drafted by the National Association of Homebuilders and introduced by Representative Gallegly (R -CA). I believe that Federal Legislation with such broad - sweeping impacts on the cities of America is unnecessary. If passed, this Bill would undermine state and local government authority over land use and regulatory decisions by allowing developers and property owners to take their grievances directly to Federal Court, circumventing legal remedies at the state and local level. By- passing the local hearing and appeals process would effectively undermine the ability of interested citizens to comment upon and influence land use decisions which are important to the future of their communities, and impose significant financial burdens on cities who will be forced to defend expensive federal lawsuits in often distant Federal Courthouses. Such an "end run" around the processes established by our State laws is contrary to the foundations of federalism that this Congress purports to endorse. In addition, if this legislation becomes law, state and local official charged with acting in the best interests of their citizens and the environment, will have fewer tools to manage sprawl, preserve farmland, and protect natural resources from the ever - increasing pressures of development. The framers of the Constitution never intended for the Federal Courts to be the first resort in resolving community disputes between local governments and private parties. In fact, the United States Supreme Court spoke clearly on this issue in its recent decision in Alden v. Maine by stating "(w)hen Congress legislates in matters affecting the States, it may not treat these sovereign entities as mere prefectures or corporations. Congress must accord States the esteem due to them as joint participants in a Federal system ". Conversely, H.R. 2372 represents one of the most blatant and significant attempts to preempt an area of regulation traditionally addressed at the state and local level, namely, zoning and land use regulation. Sincerely, Myrna Kragness Mayor 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City Council Agenda Item No. 9h MEMORANDUM • DATE: February 24, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Approving Change Order #1, Shingle Creek Regional Pond - Minneapolis Portion Our cost sharing agreement with the City of Minneapolis for the Shingle Creek Regional Pond provides that Minneapolis may request a Change Order, Supplemental Agreement, or Addendum to the agreement regarding any of the items identified as cost - sharing construction. The City of Minneapolis has submitted Change Order #1 in the amount of $244,452.70. This change order represents 67 percent of the cost of additional excavation and hauling required to construct the Minneapolis ponds. The cost sharing agreement was based on the initial design of the ponds. Some modifications to the design were proposed by Minneapolis and approved by the City Engineer, and this resulted in additional hauling above what was anticipated in the initial design. Also, some additional excavation and hauling was made necessary based on conditions found in the field. Staff has reviewed the information submitted and found the request to be reasonable and justifiable. Therefore, we recommend approval of Change Order #1. If this Change Order is approved, it will bring the total Brooklyn Center/DTED grant share of the cost of this project to about $2.758 million, of which $2 million was funded by DTED, $500,000 by TIF, and the balance from the Storm Drainage Utility. Based on preliminary information from Minneapolis, it appears that the total project cost may approach $4 million, with Minneapolis contributing over $1 million to the project. adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER 41, SHINGLE CREEK REGIONAL POND - MINNEAPOLIS PORTION WHEREAS, the City Council by Resolution 97 -172 on September 22, 1997 approved execution of an Agreement with the City of Minneapolis for Division of Cost and Grant Funds For Design, Construction, Operation, and Maintenance of the Shingle Creek Regional Stormwater Ponds; and WHEREAS, Article III, Section B of said agreement provides that Brooklyn Center shall share in the costs of construction addenda, change orders, and supplemental agreements which are necessary to complete the cost participation construction covered under the agreement; and WHEREAS, Minneapolis has submitted Change Order #1 in the amount of $244,452.70 relating to additional hauling and excavating of material; and WHEREAS, said Change Order has been reviewed by the City Engineer and found to be reasonable and justifiable. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Change Order #1 in the amount of $244,452.70 is hereby approved. 2. The cost of this Change Order shall be charged to the Storm Drainage Utility Fund. 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.