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2009 01-12 CCP Regular Session
AGENDA CITY COUNCIL STUDY SESSION January 12, 2009 6:00 P.M. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center January 12, 2009 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. -Fr. Brian Gillis, St. Alphorisus Catholic Church Administer Ceremonial Oath of Office 3. Call to Order Regular Business Meeting -The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public, The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. December 8, 2008 - Study Session 2. December 8, 2008 - Regular Session 3. December 8, 2008 - Work Session 4. December 8, 2008 - Executive Session b. Licenses C, Resolution Designating Official Newspaper d. Resolution Designation Depositories of City Funds CITY COUNCIL AGENDA -2- January 12, 2009 Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Five Cities Senior Transportation Project, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Pets Under Police Security, Project Peace, Twin Lakes Joint Powers Organization, and Visit Minneapolis North f. Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations g. Resolution Granting Corporate Authority for Transactions of Financial Business Matters h. Approval of Site Performance Guarantee Reduction for 50173 d Avenue North 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Mary O'Connor for Her Dedicated Public Service as Council Member Requested Council Action: -Motion to adopt resolution. b. Resolution Expressing Recognition and Appreciation of Michael Johnson for His Dedicated Public Service on the Housing Commission Requested Council Action: -Motion to adopt resolution. Recognition of Brooklyn Historical Society 2008 Hall of Fame Award Winners 1, Resolution Recognizing Leone Wadsworth Howe as a Brooklyn Historical Society 2008 Hall of Fame Award Winner Requested Council Action: -Motion to adopt resolution. 2. Resolution Recognizing Earl Simons as a Brooklyn Historical Society 2008 Hall of Fame Award Winner Requested Council Action: -Motion to adopt resolution. d. Resolution Expressing Appreciation for the Donations of the Brooklyn Center Lions Club in Support of the 2009 and 2010 Safety Camp Programs, 2009 Earle Brown Days Parade, 2009 Earle Brown Days Senior Golf Tournament, 2009 Entertainment in the Park Program, 98th Birthday Celebration, and the 2009 Holly Sunday Activities Requested Council Action: -Motion to adopt resolution. CITY COUNCIL AGENDA -3- January 12, 2009 8. Public Hearings a. Franchise Fee Ordinance Amendments 1. An Ordinance Amending Ordinance No. 2003-22, Exhibit A; Fee Schedule for an Electric Franchise Fee on Xcel Energy for Providing Electric Service Within the City of Brooklyn Center Requested Council Action: -Motion to open the Public Hearing. -Take public input. -Motion to close the Public Hearing. -Motion to adopt ordinance. 2. An Ordinance Amending Ordinance No. 2003-23, Exhibit A; Fee Schedule for a Natural Gas Franchise Fee on CenterPoint Energy Minnegasco's Operations Within the City of Brooklyn Center Requested Council Action: -Motion to open the Public Hearing. -Take public input. -Motion to close the Public Hearing. -Motion to adopt ordinance. b. An Ordinance Amending Chapter 5 of the City Code of Ordinances Requested Council Action: -Motion to open the Public Hearing. -Take public input. -Motion to close the Public Hearing. -Motion to adopt ordinance. 9. Planning Commission Items -None. 10. Council Consideration Items a. Select Presiding Officers - Mayor Pro Tern and Acting Mayor Pro Tern Requested Council Action: -Council discuss and select presiding officers. b. Resolution Declaring Commitment to the Brooklyn Center City Charter Requested Council Action: -Motion to adopt resolution. C. Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City RepresentativeNoting Delegates for Other Organizations for 2009 Requested Council Action: -Motion to ratify Mayoral appointments. CITY COUNCIL AGENDA 4- January 12, 2009 d. Consideration of Liquor License for San Antonio Grill, 2101 Freeway Boulevard -Resolution Relating to the Application for an Intoxicating Liquor License from San Antonio of Brooklyn Center, LLC Requested Council Action: -Motion to open hearing. -Receive staff report. -Receive testimony from applicant. -Motion to close hearing. -Take action on liquor license application. e. Resolution Authorizing Proposed Use of 2008 Target Charitable Contribution Grant Requested Council Action: TMotion to adopt resolution. f. Resolution Establishing the Interest Rate for 2008 Special Assessments Requested Council Action: -Motion to adopt resolution. g. Resolution Approving Change Order No. 3, Improvement Project Nos. 2008-05, 06, 07 and 08, Contract 2008-B, Xerxes Avenue/Northway Drive Street and Utility Improvements Requested Council Action: -Motion to adopt resolution. h. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2008-17, Contract 2008 Capital Maintenance Building Plan Requested Council Action: Motion to adopt resolution. Resolution Approving Change Order No. 2, Improvement Project Nos. 2008-01, 02, 03 and 04, Contract 2008-A, 2008 Residential Area Neighborhood Street and Utility Improvements (Maranatha) Requested Council Action: -Motion to adopt resolution. Resolution Approving Amendment and Extension of a Shopping Center Lease for BC Liquor Store # 1 Requested Council Action: -Motion to adopt resolution. k. Resolution Affirming Fees for Certain Licenses Requested Council Action: -Motion to adopt resolution. CITY COUNCIL AGENDA -5- January 12, 2009 1. Resolution Authorizing the City of Brooklyn Center's Housing Adoption and Participation in Crime Free Multi-Housing Program Requested Council Action: -Motion to adopt resolution. m. Resolution Approving the Contract for Local 49 (Public Works Maintenance) and the City of Brooklyn Center for the Calendar Year 2009 Requested Council Action: -Motion to adopt resolution. D, Resolution Adopting the Shingle Creek Daylighting Study Framework Plan as a Development Guide for Creek Enhancements and Planning for the Redevelopment of the Brookdale Mall and Opportunity Site Requested Council Action: -Motion to adopt resolution. 11. Council Report 12. Adjournment until Agenda Item No, 6a City Co • 9 • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION DECEMBER 8, 2008 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers. Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Assistant to the City Manager Vickie Schleuning, Director of Fiscal & Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, Police Chief Scott Bechthold, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Mayor Willson requested the addition of an agenda item to report on the November 14, 2008, Closed City Council Executive Session with the City Attorney to conduct the City Manager Performance Evaluation. The majority consensus of the City Council was to add the above item as Council Consideration Item No. 9a of the regular City Council meeting agenda. Mr. Boganey requested the addition of a closed Executive Session prior to adjournment to discuss the status of legal issues related to Center Pointe Apartments. The majority consensus of the City Council was to add the above item as Council Consideration Item No. 1 lm of the regular City Council meeting agenda. Mr. Boganey stated he has distributed updated salary adjustment information from other cities related to City Council Agenda Item No. 11 i. He clarified that the proposed wage adjustment is for non-union salaried employees only. It was noted that the salary adjustment information should be corrected to show the original proposed salary increases for the City of Richfield were at 3.5%, not 3.25%. There was discussion on whether to proceed with a wage increase for non-union salaried employees prior to contract negotiations being completed with union employees. Mr. Boganey stated he does not see a substantial value in having one wait for the other. There have been cases in Brooklyn Center when union contract negotiations have gone on several months after the 12/08/08 -1- DRAFT effective date of the wages before agreements can be reached. His general reaction is that non- union employees do not have the ability to bargain or negotiate; they rely upon staff and the Council to make a decision, and to make that decision as timely as they can. Is There was discussion on whether salary increases for the 2009 budget should be more conservative in an effort to avoid laying off staff in the future due to possible cuts in State funding. Mr. Boganey reported on discussions held with department heads on the importance of doing the right thing now rather than having to pay later for the consequences of these actions. He provided an overview of possible impacts to the 2009 budget resulting from cuts from the State. He stated his recommendation is to proceed with the proposed salary increases and to make decisions on changes to the budget once the facts are known on any cuts from the State. It was noted that the proposed wage increases do not include the City Manager position. It was questioned whether the City Manager contract requires that the wage increase be taken up at the same time as other salary increases. Mr. Boganey indicated he believes the contract states that a salary increase may be considered at the time of adjustment for other employees, rather than shall be considered. Councilmember Yelich requested discussion on City Council Agenda Item No. l l a.8, specifically in relation to the $100,000 transfer from the Storm Water Sewer Fund to the General Fund. Mr. Jordet and Mr. Boganey reviewed the history of transfers from the Storm Water Sewer Fund to the General Fund. Mr. Boganey explained the transfer is in place to offset the cost of General Fund employees doing work for storm water related activities. Councilmember Lasman requested discussion on City Council Agenda Item No. 7b, specifically in relation to whether background checks have been resolved on the liquor licenses. Mr. Boganey replied staff s recommendation is that Council's approval of the licenses would be subject to the footnoted conditions being met. Councilmember Lasman questioned if the motor vehicle dealership license listed on City Council Agenda Item No. 7b is a used car dealership. Mr. Eitel responded in the affirmative. MISCELLANEOUS Councilmember O'Connor requested information on research staff has done regarding a letter written to the City about rude treatment to a woman that called 911. Mr. Boganey stated the prosecutor has prepared a letter that addresses the issue in great detail. A copy of the letter will be provided to the City Council tomorrow. Councilmember O'Connor requested information on research staff has done regarding an e-mail from a man concerned about alleged rude treatment from a code enforcement employee. Mr. Boganey stated a report is expected in the next day or two; it will be passed on to the City Council. • 12/08/08 -2- DRAFT Councilmember Yelich requested discussion on City Council Agenda Item No. 11 k.2, specifically in relation to re-occupancy inspection fees, noting that triplexes and quads are not included in the listing of fees. Ms. Schleuning explained if all units in a building were to be vacant a vacant building registration would be required. A quad would not need to be registered unless all four of the units were to be vacant. Mr. Boganey advised that his recommendation would be adoption of the fee schedule as presented with a recommended amendment to the schedule that includes triplexes and quads at the next City Council meeting. There was discussion on the proposed residential rental property conversion fee. It was noted that the fee in the cities of New Hope and Minneapolis is $1,000 in comparison to the $500 proposed fee for the City of Brooklyn Center. Ms. Schleuning stated there was considerable review of the proposed fee. The City Attorney has advised that the fee needs to be justified by the actual cost to the City. Mr. Boganey stated an increase in the fee to $1,000 is not something staff would recommend. If there is consensus of the Council that the fee should be looked at again to determine if there is a way to justify a higher dollar amount, staff would track actual costs over a period of time and report back to Council on the findings. A higher fee would then be recommended if that is the result of the analysis. Council will be provided with staff s analysis and breakdown of costs on the proposed $500 fee. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. • Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Lasman seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. The discussion continued on City Council Agenda Item No. 11k.2, specifically in relation to the proposed residential rental property conversion fee. The importance of accounting for all costs in the consideration of the fee was stressed. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS SHINGLE CREEK DAYLIGHTING PLAN Mr. Eitel provided background information on the Shingle Creek Daylighting Study Framework Plan. He indicated staff would like to use the Framework Plan as a guide in assisting the City in master planning. Mr. Eitel requested discussion and direction from the Council on whether the City should proceed with the implementation of elements of the Framework Plan. If it is the . consensus of the Council, staff will present a resolution to adopt the Framework Plan as a 12/08/08 -3- DRAFT development guide for creek enhancements and planning for the redevelopment of the Brookdale Mall and the Opportunity Site at a future meeting. There was discussion on whether daylighting is necessary in the golf course and Central Park areas of the creek. Mr. Eitel provided information on the possibility of enhancing these areas of the creek. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 7:00 p.m. Motion passed unanimously. • • 12/08/08 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 8, 2008 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Assistant to the City Manager Vickie Schleuning, Director of Fiscal & Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron Warren, Police Chief Scott Bechthold, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Yelich seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:32 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Assistant to the City Manager Vickie Schleuning, Director of Fiscal & Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron . Warren, Police Chief Scott Bechthold, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 12/08/08 -1- DRAFT 5. PLEDGE OF ALLEGIANCE The agenda was amended to recite the Pledge of Allegiance during the Housing and Redevelopment Authority (I4RA) meeting prior to the City Council meeting. 6. COUNCIL REPORT Councilmember Ryan: No report. Councilmember Lasman reported on her attendance at the December 7, 2008, Holly_ Sunday Event coupled with the State of Minnesota Sesquicentennial Celebration. Councilmember Yelich: No report Councilmember O'Connor reported on her attendance at an open house held this evening by Hearthstone, an organization that houses young male adults. Mayor Willson: No report 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember O'Connor seconded to approve the Agenda and Consent Agenda, as amended, with the addition of a Report on the November 14, 2008, Closed City Council Executive Session with the City Attorney to Conduct the City Manager Performance Evaluation and a Closed Executive Session to Discuss the Status of Legal Issues Related to Center Pointe Apartments, Council Consideration Item Nos. 9a, and 1 lm respectively, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. November 14, 2008 - Special Session 2. November 17, 2008 - Joint Work Session with Financial Commission 3. November 24, 2008 - Study Session 4. November 24, 2008 - Regular Session 5. November 24, 2008 - Work Session 6. December 1, 2008 - Initial Truth in Taxation Session 7b. LICENSES GASOLINE SERVICE STATION Awad Company Bassil Co. dba Marathon 6501 Humboldt Avenue North 1505 69th Avenue North LIOUOR - CLASS A ON-SALE INTOXICATING AND SUNDAY Applebee's 1400 Brookdale Mall LIOUOR - CLASS B ON-SALE INTOXICATING AND SUNDAY AMF Earle Brown Lanes 6440 James Circle North Crowne Plaza 2200 Freeway Boulevard • 0 • 12/08/08 -2- DRAFT LIQUOR - CLASS D ON-SALE INTOXICATING AND SUNDAY Oak City' 2590 Freeway Boulevard • LIOUOR - CLASS F ON-SALE INTOXICATING AND SUNDAY Flik International @ Earle Brown Heritage Center 6155 Earle Brown Drive LIOUOR - ON-SALE CLUB INTOXICATING AND SUNDAY Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard LIOUOR - ON-SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIOUOR Cl Buffet 6090 Shingle Creek Parkway 50's Grill 5524 Brooklyn Boulevard Great India 1 6056 Shingle Creek Parkway LIOUOR - ON-SALE 3.2 PERCENT MALT LIOUOR Centerbrook Golf Course and Central Park ' 6301 Shingle Creek Parkway Davanni's Pizza and Hot Hoagies 5937 Summit Drive Scoreboard Pizza 6816 Humboldt Avenue North LIQUOR - OFF-SALE 3.2 PERCENT MALT LIOUOR Awad Company L 6501 Humboldt Avenue North Bassil Co. dba Marathon 2 1505 69`" Avenue North Cub Foods - Brookdale 3245 County Road 10 Sun Foods 6350 Brooklyn Boulevard SuperAmerica #3192 6950 Brooklyn Boulevard SuperAmerica #4160 6545 West River Road SuperAmerica #4058 1901 57 h Avenue North Value Food 6804 Humboldt Avenue North ' Subject to submittal of Liquor Liability Insurance Certificate 2 Subject to submittal of background check by Police Department MOTOR VEHICLE DEALERSHIP Pear Marketing Inc. dba Cars with Heart 6121 Brooklyn Boulevard (License is effective January 3, 2009, when the two ordinance amendments relating to motor vehicle dealerships become effective) RENTAL INITML 4306 65 h Ave N 6001 Dupont Ave N 6349 Halifax Dr 5642 Humboldt Ave N RENEWAL 5550 Girard Ave N 4718 Twin Lake Ave Laura Ben Donald Carlson Charles Bright/Qiang Fang Bill VanKempen Restart, Inc. Richard & Elizabeth Becht 12/08/08 -3- DRAFT TOBACCO RELATED PRODUCT Awad Company 6501 Humboldt Avenue North Bassil Co. dba Marathon 1505 69th Avenue North Motion passed unanimously. 8. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 8a. RESOLUTION NO. 2008-128 EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER LIONESS CLUB IN SUPPORT OF THE 2009 SAFETY CAMP PROGRAM Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008-128 Expressing Appreciation for the Donation of the Brooklyn Center Lioness Club in Support of the 2009 Safety Camp Program. Motion passed unanimously. 8b. RESOLUTION NO. 2008-129 EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER AMERICAN LEGION POST 630 IN SUPPORT OF THE 2009 SAFETY CAMP PROGRAM Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. _ 2008-129 Expressing Appreciation for the Donation of the Brooklyn Center American Legion Post 630 in Support of the 2009 Safety Camp Program. Motion passed unanimously. • 9. PUBLIC HEARING 9a. ANNOUNCEMENT REGARDING CITY MANAGER PERFORMANCE EVALUATION CLOSED CITY COUNCIL MEETING Mayor Willson reported on November 14, 2008, the City Council met with the City Attorney to conduct the City Manager performance evaluation. The meeting was closed under the exception of the open meeting law. The majority of the City Council agreed that the City Manager has met or exceeded standards in all categories of performance. The City Council is looking forward to working with the City Manager and implementing the Council goals for the next year. 10. PLANNING COMMISSION ITEMS 10a. PLANNING COMMISSION APPLICATION NO. 2008-008 SUBMITTED BY OSSEO INDEPENDENT SCHOOL DISTRICT NO. 279. REQUEST FOR SPECIAL USE PERMIT AMENDMENT FOR PARKING LOT SCREENING. THIS ITEM WAS CONSIDERED BY THE PLANNING COMMISSION AT A PUBLIC HEARING ON OCTOBER 30, 2008, AND WAS TABLED SO THAT THE PLANS COULD BE RESUBMITTED TO INCLUDE POSSIBLE MODIFICATIONS. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS NOVEMBER 20, 2008, MEETING. 0 12/08/08 -4- DRAFT Mr. Warren provided background information on Planning Commission Application No. 2008-008. Mr. Warren presented the recommendation of the Planning Commission for approval of the application and answered questions of the Council. There was discussion on the traffic flow in relation to the proposed separation of adult education in the south portion of the building and early childhood programs in the north portion of the building. It was noted that there would be more on-street parking likely without the construction of the parking lot. Councilmember Ryan.--moved -.and-. Councilmember_ _Yelich seconded to approve Planning Commission Application No. 2008-008 subject to the following conditions recommended by the Planning Commission: 1. The Special Use Permit Amendment acknowledges appropriate parking lot screening consistent with Section 35-711 of the city's zoning ordinance. 2. The Special Use Permit Amendment acknowledges adult education uses as appropriate uses within the zoning classification of the city's zoning ordinance. 3. Grading, drainage, curbing and parking lot plans are subject to review and approval by the City Engineer prior to issuance of permits for the project. 4. Building permits for the proposed parking lot improvements are subject to the approval of the Building Official prior to the issuance of building permits. 5. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineer Department. 6. All work performed and materials used for construction of parking lot, sidewalk and curb and gutter improvements, shall conform to the City of Brooklyn Center's current Standard Specifications and Details. 7. The Special Use Permit Amendment is subject to all applicable codes, ordinances and regulations. Any violation thereof could be grounds for revocation. 8. Lighting on the property shall be consistent with Section 35-712 of the City Ordinances with respect to light intensity and avoidance of light glare. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS 11a. CONSIDERATION OF 2009 BUDGET 1. RESOLUTION NO. 2008-130 APPROVING FINAL TAX CAPACITY LEVIES FOR THE GENERAL FUND AND HOUSING & REDEVELOPMENT AUTHORITY AND MARKET VALUE TAX LEVY FOR THE DEBT SERVICE FUND FOR PROPERTY TAXES PAYABLE IN 2009 Mr. Boganey stated the proposed 2009 Budget was reviewed by the Finance Director during the HRA meeting tonight. He indicated he will stand for questions of the Council. Councilmember O'Connor stated her opposition to the City's involvement in redevelopment and the Housing and Redevelopment Authority. • Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-130 Approving Final Tax Capacity Levies for the General Fund and Housing & Redevelopment Authority and Market Value Tax Levy for the Debt Service Fund for Property Taxes 12/08/08 -5- DRAFT Payable in 2009. Councilmember O'Connor voted against the same. Motion passed. 2. RESOLUTION NO. 2008-131 ESTABLISHING A FINAL PROPERTY TAX • LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICES AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES CHAPTER 469.033 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2009 Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-131 Establishing a Final Property Tax Levy for the Purpose of Defraying the Cost of Operation, Providing Informational Services and Relocation Assistance Pursuant to the Provisions of Minnesota Statutes Chapter 469.033 for the City of Brooklyn Center Housing and Redevelopment Authority for Fiscal Year 2009. Councilmember O'Connor voted against the same. Motion passed. 3. RESOLUTION NO. 2008-132 ADOPTING THE 2009 GENERAL FUND BUDGET Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-132 Adopting the 2009 General Fund Budget. Councilmember O'Connor voted against the same. Motion passed. 4. RESOLUTION NO. 2008-133 ADOPTING THE 2009 SPECIAL REVENUE FUND BUDGETS Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO, 2008-133 Adopting the 2009 Special Revenue Fund Budgets. Councilmember O'Connor voted against the same. Motion passed. 5. RESOLUTION NO. 2008-134 ADOPTING THE DEBT SERVICE FUND BUDGETS Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-134 Adopting the Debt Service Fund Budgets. Councilmember O'Connor voted against the same. Motion passed. 6. RESOLUTION NO. 2008-135 ADOPTING THE 2009 CAPITAL PROJECT FUND BUDGETS Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008-135 Adopting the 2009 Capital Project Fund Budgets. 0 12/08/08 -6- DRAFT Councilmember O'Connor voted against the same. Motion passed. 7. RESOLUTION NO. 2008-136 ADOPTING THE 2009 ENTERPRISE FUND • BUDGETS Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-136 Adopting the 2009 Enterprise Fund Budgets. Councilmember O'Connor voted against the same. Motion passed. 8. RESOLUTION NO. 2008-137 ADOPTING THE 2009 PUBLIC UTILITY FUND BUDGETS Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2008-137 Adopting the 2009 Public Utility Fund Budgets. There was discussion on the Storm Water Sewer Fund Budget, specifically in relation to the $100,000 transfer to the General Fund. Mr. LeFevere stated this type of transfer is common practice with staff activities paid for from the General Fund and reimbursed from the Storm Water Sewer - Fund. Councilmember O'Connor voted against the same. Motion passed. 9. RESOLUTION NO. 2008-138 ADOPTING THE 2009 INTERNAL SERVICE FUND BUDGETS Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-138 Adopting the 2009 Internal Service Fund Budgets. Councilmember O'Connor voted against the same. Motion passed. 10. RESOLUTION NO. 2008-139 ADOPTING THE 2009-2023 CAPITAL IMPROVEMENT PROGRAM Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2008-139 Adopting the 2009-2023 Capital Improvement Program. Councilmember O'Connor voted against the same. Motion passed. 11. RESOLUTION NO. 2008-140 ADOPTING 2009 WATER UTILITY RATES, FEES AND CHARGES Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-140 Adopting 2009 Water Utility Rates, Fees and Charges. Councilmember O'Connor voted against the same. Motion passed. 12. RESOLUTION NO. 2008-141 ADOPTING 2009 SEWER UTILITY RATES, • FEES AND CHARGES 12/08/08 -7- DRAFT Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2008-141 Adopting 2009 Sewer Utility Rates, Fees and Charges. Councilmember O'Connor voted against the same. Motion passed. • 13. RESOLUTION NO. 2008-142 ADOPTING 2009 STORM SEWER UTILITY RATES, FEES AND CHARGES Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-142 Adopting 2009 Storm Sewer Utility Rates, Fees and Charges. Councilmember O'Connor voted against the same. Motion passed. 14. RESOLUTION NO. 2008-143 ADOPTING 2009 STREET LIGHT RATES AND CHARGES Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2008-143 Adopting 2009 Street Light Rates and Charges. Councilmember O'Connor voted against the same. Motion passed. 15. RESOLUTION NO. 2008-144 AFFIRMING 2009 RECYCLING RATE. Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2008-144 Affirming 2009 Recycling Rate. Councilmember O'Connor voted against the same. Motion passed. • 11b. 2009 CITY COUNCIL MEETING SCHEDULE Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to adopt the 2009 City Council Meeting Schedule. Motion passed unanimously. I1c. MAYORAL REAPPOINTMENTS TO CITY ADVISORY COMMISSIONS Councilmember Lasman moved and Councilmember Ryan seconded to approve the Mayoral Reappointments to City Advisory Commissions. Mayor Willson announced the following Mayoral Reappointments to City Advisory Commissions: Financial Commission - term to expire 12/31/2011 Todd Boster Rex Newman Housing Commission - term to expire 12/31/2011 Judy Thorbus Joshua Xiong 12/08/08 -8- DRAFT Park and Recreation Commission - term to expire 12/31/2011 Bud Sorenson Dan Starling • Planning Commission - term to expire 12/31/2010 Kara Kuykendall Stan Leino Sean Rahn Della Young Northwest Suburbs Cable Communications Commission - term to expire 12/31/2009 Rex Newman_ It was noted that the above are individuals that have been serving and are being reappointed to the commissions. The commissioners were commended for their time and commitment. Councilmember O'Connor voted against the same. Motion passed. lld. MAYORAL APPOINTMENTS - HOUSING COMMISSION AND NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Councilmember Lasman moved and Councilmember Yelich seconded to approve Mayoral Appointments to the Housing Commission and Northwest Hennepin Human Services Council Advisory Commission. Mayor Willson recited the following Mayoral Appointments to the Housing Commission and Northwest Hennepin Human Services Council Advisory Commission: ■ Housing Commission: Kathie Amdahl ■ Northwest Hennepin Human Services Council Advisory Commission: Julie Gillis It was noted that the above appointments are new individuals that have volunteered to serve on the commissions. Motion passed unanimously. Ile. CONSIDERATION OF LIQUOR LICENSE FOR BOULEVARD'S BAR & GRILL, 2545 COUNTY ROAD 10 RESOLUTION NO. 2008-145 RELATING TO THE APPLICATION FOR AN INTOXICATING LIQUOR LICENSE FROM RICH VENTURES, INC. Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing relating to an intoxicating liquor license from Rich Ventures, Inc. Motion passed unanimously. No one wished to address the City Council. . Councilmember Lasman moved and Councilmember Yelich seconded to close the hearing relating to an intoxicating liquor license from Rich Ventures, Inc. 12/08/08 -9- DRAFT Motion passed unanimously. Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION • NO. 2008-145 Relating to the Application for an Intoxicating Liquor License from Rich Ventures, Inc. Adoption of the resolution orders denial of the application for an intoxicating liquor license on the premise that the minimum requirements have not been met. There was discussion on the ratio requirements of food/liquor with different classes of intoxicating liquor-licenses. Motion passed unanimously. 11f. CONSIDERATION OF LIQUOR LICENSE FOR SAN ANTONIO GRILL, 2101 FREEWAY BOULEVARD. RESOLUTION RELATING TO THE APPLICATION FOR AN INTOXICATING LIQUOR LICENSE FROM SAN ANTONIO OF BROOKLYN CENTER, LLC Mr. LeFevere stated the City Clerk received a voice mail message from the applicant requesting that this hearing be continued until a later meeting. He asked if there is anyone present tonight that would like to appear on behalf of the applicant. No one wished to address the City Council. Mayor Willson inquired about the rationale for continuing the hearing. Mr. LeFevere replied he does not know the reason, but it was stated in broad terms that the applicant needed more time. The applicant received notice on November 29, 2008. This is the minimum period of time for someone to • prepare for a hearing and there was the Thanksgiving holiday over this time. Mr. LeFevere advised there is no disadvantage to the City in waiting to proceed with the hearing. The applicant cannot qualify for a liquor license until it is granted by the Council; the delay only affects the applicant and not the City. If this issue were ever to proceed to court it would be helpful that the City extends whatever reasonable time is necessary to allow someone to prepare their case. In as much as there is no harm to the City in doing that it would be his recommendation that the hearing be continued until the first City Council meeting in January. Councilmember Lasman moved and Councilmember Ryan seconded to continue the consideration of a liquor license for San Antonio Grill, 2101 Freeway Boulevard, to the first City Council meeting in January 2009. Motion passed unanimously. llg. RESOLUTION NO. 2008-146 AMENDING CITY COUNCIL CODE OF POLICIES; SECTION 1.4 ORDER OF BUSINESS Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008-146 Amending City Council Code of Policies; Section 1.4 of Business. Mayor Willson provided an overview of the proposed amendment to City Council Code of Policies; Section 1.4 Order of Business. 0 12/08/08 -10- DRAFT Motion passed unanimously. 11h. RESOLUTION NO. 2008-147 SETTING 2009 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES Mr. Boganey introduced the item, provided background information, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION - NO. 2008-147 Setting 2009 Employer Benefits Contribution for Full-Time Non-Union Employees. . - Motion passed unanimously. Hi. RESOLUTION NO. 2008-148 SETTING SALARIES FOR CALENDAR YEAR 2009 Mr. Boganey introduced the item, provided background information, and stated the purpose of the proposed resolution. Councilmember Yelich moved and Councilmember O'Connor seconded to approve RESOLUTION NO. 2008-148 Setting Salaries for Calendar Year 2009, with the proposed salary increases of 3% amended to 2.5%. Mayor Willson, Councilmembers Ryan and Lasman voted against the same. Motion failed. Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION • NO. 2008-148 Setting Salaries for Calendar Year 2009. There was discussion on employee pay scales. Councilmember O'Connor moved and Councilmember Yelich seconded to amend the motion on the floor to amend the proposed salary increases to 3% for all employees that currently have a salary of $90,000 or less and 2% for employees that currently have a salary over $90,000. Mayor Willson, Councilmembers Ryan and Lasman voted against the same. Motion failed. It was noted that the 2009 budget has been set with the proposed salaries, and that going forward in 2010 more adjustments may be necessary. Councilmember Yelich moved to amend the motion on the floor to approve RESOLUTION NO. 2008-148 Setting Salaries for Calendar Year 2009, with the proposed salary increases of 3% amended to 2.5%. Mayor Willson ruled the motion as out of order, as the proposed amendment has been voted on and failed. It was noted that possible issues with local government aid and the state budget are unresolved at this time and that staff and Council have worked on this budget process throughout the year. • Councilmembers O'Connor and Yelich voted against the same. Motion passed. 12/08/08 -11- DRAFT llj. RESOLUTION NO. 2008-149 ACCEPTING OFFER ON THE SALE OF $2,390,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008B AND PROVIDING FOR THEIR ISSUANCE Mr. Jordet introduced the item, provided background information, and presented an overview of the • bids on the sale of $2,390,000 General Obligation Improvement Bonds, Series 2008B. Ms. Brenda Krueger, Springsted.Inc., provided information on the confirmation of the City's Al bond rating by Moody's Investors Service. She stated Moody's was very interested in the growth of the City's commercial tax base and the redevelopment-activities taking place. This helps to offset.the _ recent residential foreclosures, which tend to be stabilizing at this time. Moody's also notes the strong financial condition of the community, the strong fiscal management, and the ample reserves that are in place. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008-149 Accepting Offer on the Sale of $2,390,000 General Obligation Improvement Bonds, Series 2008B and Providing for Their Issuance. There was discussion on the interest rate and administrative fees in relation to the proposed sale of bonds. Councilmember O'Connor stated her opposition to the proposed sale of bonds. It was noted that the sale of bonds pays the front-end cost for residents that are unable to pay the full assessment for street reconstruction projects. Councilmembers Lasman, Yelich, and Ryan and Mayor Willson stated their support of the Street Reconstruction Program. Councilmember O'Connor voted against the same. Motion passed. 11k. FEE SCHEDULE FOR CERTAIN INSPECTION AND NEIGHBORHOOD MAINTENANCE SERVICES 1. RESOLUTION NO. 2008-150 AMENDING THE SCHEDULE FOR REINSPECTION FEES AND ADDING A SERVICE CHARGE FOR CITY- FACILITATED ABATEMENT Mr. Boganey introduced the item and provided background information on the proposed resolution. Ms. Schleuning provided an overview of the proposed resolutions relating to the fee schedule for certain inspection and neighborhood maintenance services. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008-150 Amending the Schedule for Re-Inspection Fees and Adding a Service Charge for City-Facilitated Abatement. Councilmember O'Connor voted against the same. Motion passed. • 12/08/08 -12- DRAFT 2. RESOLUTION NO. 2008-151 AMENDING THE SCHEDULE ADDING A FEE FOR VACANT BUILDING REGISTRATION, RE-OCCUPANCY INSPECTIONS, AND RENTAL CONVERSIONS Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-151 Adding a Fee for Vacant Building Registration, Re-Occupancy Inspections, and Rental Conversions, with staff to bring forward a recommended amendment to the Re-Occupancy Inspection Fees to include triplexes and quads at the first City Council meeting in January 2009. There was discussion on the legality_of-chargingindividuals for having a vacant..building in the.City. Mr. LeFevere advised there are a number of cities with similar arrangements and he is not aware of any successful challenges. This is an administrative fee for the City to recover its costs in the registration and maintenance process involved with vacant buildings. It was noted that there is a snowbird provision included in the Vacant Building Registration Program. Councilmember O'Connor voted against the same. Motion passed. 111. RESOLUTION NO. 2008-152 AUTHORIZING EMPLOYEE USE OF COMMUNITY CENTER AT NO CHARGE Mr. Boganey introduced the item, provided background information, and stated the purpose of the proposed resolution. There was discussion on whether it is appropriate to allow City employees to use the community center at no charge. Mr. LeFevere noted the public purpose of the proposed use of the community center would be to reduce absenteeism as stated in the staff report. There are many employers in the private sector that provide this type of benefit as part of an employment package. He advised he does not think there is a risk of the City being successfully sued for offering the proposed benefit to the employees. It was noted the costs are fixed and will be the same whether or not the facility is used by City employees. Mr. Boganey noted an additional potential benefit to the City is that employees may choose to upgrade to a family membership which would generate additional revenue to the operation of the community center. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-152 Authorizing Employee Use of Community Center at No Charge. Mr. Boganey stated the employee use of the community center will be tracked on an annual basis to determine if there are direct health benefits that occur. Councilmember O'Connor voted against the same. Motion passed. llm. ANNOUNCEMENT OF EXECUTIVE SESSION Mr. LeFevere announced an exception to the open meeting law allows the City Council to meet in closed executive session for attorney/client privileged communications with legal counsel. In this case the pending litigation is the suit between the City of Brooklyn Center and Center Pointe Apartments. The purpose of closing the meeting would be to discuss the status, strategy, possible opportunity for settlement, and the like. It is the opinion of the Council that it is not in the public 12/08/08 -13- DRAFT interest that those discussions occur in the public forum. The City Council meeting may be adjourned from the executive session, as the purpose of the executive session will not require the City Council to reconvene and take action. 12. ADJOURNMENT TO EXECUTIVE SESSION Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 9:12 p.m. to Executive Session. Motion passed. unanimously. • 12/08/08 -14- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION DECEMBER 8, 2008 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 10:10 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Community Development Director Gary Eitel, Assistant to the City Manager Vickie Schleuning, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. SHINGLE CREEK DAYLIGHTING PLAN Discussion continued on the Study Session discussion of the Shingle Creek Daylighting Study Framework Plan. Mr. Boganey stated if directed, staff would bring back a resolution for Council to consider. It is not the intent of staff that adoption of the framework would tie the City to a specific outcome or specific timeline; it is intended to establish a Council policy that would support the general goals and objectives of the framework without tying the City into a specific activity or action. Mayor Willson, Councilmembers Ryan, Lasman, and Yelich stated their support of the concept of the Shingle Creek Daylighting Framework Plan. Councilmember O'Connor stated her opposition to the City's participation in the Shingle Creek Daylighting Study Framework Plan. The majority consensus of the City Council/EDA was to direct staff to include a resolution to authorize formal action on the Shingle Creek Daylighting Study Framework Plan on the agenda of the next regular City Council meeting for Council consideration. FORECLOSURE AND VACANT HOUSING - REINVESTMENT AND HOME OWNERSHIP PROGRAM OPTIONS Mr. Eitel presented information on proposed options to address reinvestment initiatives associated with mortgage foreclosures and vacant properties in the City. He explained there are three basic program types indicated: 1) loan assistance; 2) demolition of substandard properties; 12/08/08 -1- DRAFT 3) City-executed housing rehabilitation. Mr. Eitel provided an overview and answered questions of the Council on the following reinvestment and home ownership program options: • ■ ReNew Buyer Incentive Program o ReNew Loan o ReNew Grant ■ Remove and ReBuild Program Mr. Eitel stated staff is not proposing to move forward with the ReHab Program at this time. These properties are not currently moving and a fair amount of money could be invested without results. There was discussion on marketing housing opportunities available through the program options through the real estate and mortgage industry. Mr. Boganey noted that Brooklyn Center is one of the few cities with tax increment financing dollars available to run this type of program, and that moving quickly will give the City momentum. In addition, Brooklyn Center has a large supply of vacant foreclosed homes at extremely reasonable prices. He pointed out that in all of these home ownership programs the fundamental requirement is that the owners be qualified for prime mortgages with a solid income and credit record. The majority consensus of the City Council/EDA was support in proceeding with the reinvestment and home ownership programs as outlined in the December 8, 2008, staff memo. Councilmembers Yelich, Lasman, Ryan, and Mayor Willson thanked Councilmember O'Connor for her service on the City Council. • The majority consensus of the City Council was to direct staff to include a resolution recognizing Councilmember O'Connor for her service on the City Council on the agenda of the first regular City Council meeting in January 2009. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 10:44 p.m. Motion passed unanimously. • 12/08/08 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA EXECUTIVE SESSION DECEMBER 8, 2008 CITY HALL - SHINGLE CREEK CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council met in Executive Session called to order by Mayor Tim Willson at 9:15 p.m. ROLL CALL • • Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, City Attorney Charlie LeFevere, Community Development Director Gary Eitel, Assistant to the City Manager Vickie Schleuning, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. The City Council, City Attorney, and staff discussed pending litigation regarding Center Pointe Apartments. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the Brooklyn Center City Council Executive Session at 10:03 p.m. Motion passed unanimously. 12/08/08 -1- DRAFT tem Cl~ Council NVII • 0 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE:. January 6, 2009 SUBJECT: Licenses for Council Approval Recommendation: I recommend that the City Council approve the following list of licenses at its January 12, 2009, meeting. Background: • 0 The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. Included with this agenda item is a copy of Chapter 12 Sections 12-911, pertaining to the conduct of licensed premises and 12-913, provisional licenses. BOWLING ALLEY AMF Earle Brown Lanes 6440 James Circle FIREWORKS - PERMANENT Cub Foods Target Corporation GARBAGE COLLECTION VEHICLE Garbageman, Inc. GASOLINE SERVICE STATION Brookdale Citgo Brooklyn Center Municipal Garage Brooklyn Center Service, Inc. Boulevard Enterprises, Inc. Holiday Stationstores, Inc Metropolitan Council Metro Transit Qwest Communications SuperAmerica #3192 SuperAmerica #4058 SuperAmerica #4160 3245 Co Rd No 10 6100 Shingle Creek Parkway 401 11d' Avenue South #200, Hopkins 5710 Xerxes Ave N 6844 Shingle Creek Parkway 6849 Brooklyn Blvd 5300 Dupont Ave N 420 66' Ave N 6845 Shingle Creek Parkway 6540 Shingle Creek Parkway 6950 Brooklyn Blvd 1901 57th Ave N 6545 West River Road Page 2 Licenses for Council Approval January 12, 2009 • MECHANICAL NAC Mechanical The Maintenance Team PUBLIC DANCE AMF Earle Brown Lanes RENTAL See attached report. SECONDHAND GOODS DEALER CD Warehouse GameStop #535 GameStop #1704 TOBACCO RELATED PRODUCT Amarose Gifts American Legion Post 630 Brookdale Citgo Brooklyn Center Municipal #1 Brooklyn Center Municipal #2 • Brooklyn Center Service, Inc. CVS Pharmacy #1683 Cub Foods Holiday Stationstores, Inc Holiday Support #2099 Musaab Inc. Royal Tobacco Sankhar Forex, Inc. Sun Foods SuperAmerica #3192 SuperAmerica #4058 SuperAmerica #4160 Value Food Walgreen Company 1001 Labore Industrial Ct, Vadnais Heights 10250 Valley View Rd, Eden Prairie 6440 James Circle 6072 Shingle Creek Pkwy 6068 Shingle Creek Pkwy 1307 Brookdale Center 1108 Brookdale Center 6110 Brooklyn Blvd 5710 Xerxes Ave N 5625 Xerxes AveN 6930 Brooklyn Blvd 6849 Brooklyn Blvd 5801 Brooklyn Blvd 3245 Co Road 10 420 66 h Ave N 6890 Shingle Creek Pkwy 6930 Brooklyn Blvd 5625 Xerxes Ave N 5808 Xerxes Ave N 6350 Brooklyn Blvd 6950 Brooklyn Blvd 1901 57th Ave N 6545 West River Road 6804 Humboldt Ave N 6390 Brooklyn Blvd 0 Rental Licenses for Council Approval on January 12, 2009 Inspector Clerk Clerk Clerk Police Utilities Assessing Property Address Dwelling Type Renewal or Initial Owner Calls for Service Unpaid Utilities Unpaid Taxes 1601 68th Ln N Single Family Initial Miesha Allen None per 12 -911 Ordinance OK OK 2907 64th Ave N Single Family Initial Chudi Igbanugo None per 12 -911 Ordinance OK OK 3224 67th Ave N Single Family Initial Haymant Dasrath None per 12 -911 Ordinance OK OK 5418 70th Cir Single Family Initial Douglas Wahl None per 12 -911 Ordinance OK OK 4009 73rd Ave N Single Family Initial Usbelia Dora None per 12 -911 Ordinance OK OK 6315 Brooklyn Blvd Single Family Initial Raymond He None per 12 -911 Ordinance OK OK 5609 Bryant Ave N Single Family Initial Mai Vang None per 12 -911 Ordinance OK OK 5812 Camden Ave N Single Family Initial Roberto Rodriguez None per 12 -911 Ordinance OK OK 5307 Emerson Ave N Single Family Initial Jeff Theisen None per 12 -911 Ordinance OK OK 6712 Emerson Ave N Single Family Initial Azeem Begum None per 12 -911 Ordinance OK OK 7042 Emerson Ave N Single Family Initial John Hicks None per 12 -911 Ordinance OK OK 5636 Fremont Ave N Single Family Initial Samer Alamy None per 12 -911 Ordinance OK OK 6807 Humboldt Ave N C101 Single Family Initial William Lind 1 Drug per 12 -911 Ordinance OK OK 6807 Humboldt Ave N C102 Single Family Initial William Lind 1 Drug per 12 -911 Ordinance OK OK 6807 Humboldt Ave N C103 Single Family Initial Raymond Charest None per 12 -911 Ordinance OK OK 6807 Humboldt Ave N C204 Single Family Initial William Lind None per 12 -911 Ordinance OK OK 6813 Humboldt Ave N B102 Single Family Initial William Lind None per 12 -911 Ordinance OK OK 6813 Humboldt Ave N B301 Single Family Initial Raymond Charest None per 12 -911 Ordinance OK OK 6813 Humboldt Ave N B304 Single Family Initial Richard Edlich None per 12 -911 Ordinance OK OK 6819 Humboldt Ave N A102 Single Family Initial William Lind None per 12 -911 Ordinance OK OK 6819 Humboldt Ave N A201 Single Family Initial William Lind None per 12 -911 Ordinance OK OK 6819 Humboldt Ave N A202 Single Family Initial Margaret Berlin None per 12 -911 Ordinance OK OK 6819 Humboldt Ave N A204 Single Family Initial William Lind None per 12 -911 Ordinance OK OK 5746 Irving Ave N Single Family Initial Kathy Becker None per 12 -911 Ordinance OK OK 5730 June Ave N Single Family Initial David Holt None per 12 -911 Ordinance OK OK 5524 Logan Ave N Single Family Initial Kyle Klawiter None per 12 -911 Ordinance OK OK 5401 Morgan Ave N Single Family Initial Amit Kirdatt None per 12 -911 Ordinance OK OK 6148 Noble Ave N Single Family Initial Jose Mendoza None per 12 -911 Ordinance OK OK 6343 Orchard Ave N Single Family Initial Thomas Dawn Mould None per 12 -911 Ordinance OK OK 6125 Scott Ave N Single Family Initial David Rosenberg None per 12 -911 Ordinance OK OK 6401 Scott Ave N Single Family Initial Glenn Berscheit None per 12 -911 Ordinance OK OK Rental Licenses for Council Approval on January 12, 2009 Inspector Clerk Clerk Clerk Police Utilities Assessing Property Address (eorgetown Dwelling Type Renewal or Initial Owner Calls for Service Unpaid Utilities Unpaid Taxes Park I ownhouses 700 -890 66th Ave N Specific exterior items remain to be done. Weather deferral is through May 31, 2009 24 Bldgs 92 Units Renewal Wiensch Construction 1 Assault, 5 Burglaries, 1 Damage, 12 Disturbing Peace, 1 Robbery, 2 Thefts (.25 per 12 -913) OK OK Marvin Garden Townhomes 6700 Orchard Ln N 9 Bldgs 52 Units Renewal Redevco Marvin Garden Ltd 1 Burglary, 3 Distrubing Peace, 2 Drugs, 1 Theft (.15 per 12 -913) OK OK 5401 63rd Ave N 1 Bldg 4 Units Renewal John Schwarz None per 12 -911 Ordinance OK OK 5207 Twin Lake Blvd E Two Family (1) Renewal David Ulhorn None per 12 -911 Ordinance OK OK 5300 -04 Vincent Ave N Two Family (2) Renewal Steven Debra Elhardt None per 12 -911 Ordinance OK OK 2318 55th Ave N Single Family Renewal Helen Osonowo None per 12 -911 Ordinance OK OK 5101 Eleanor Ln Single Family Renewal Michael Potaczek None per 12 -911 Ordinance OK OK 6343 Emerson Ave N Single Family Renweal Michael Meyer None per 12 -911 Ordinance OK OK 6823 Fremont PI N Single Family Renewal Duane Carter None per 12 -911 Ordinance OK OK • 10. A written decision to revoke, suspend, deny or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be relet or occupied. Revocation, suspension or non-renewal of a license shall not excuse the owner from compliance with all terms of state laws and codes and this Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all terms of this Chapter during the term of revocation, suspension or non-renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non-renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or non-renewal specified in the City Council's written decision or in paragraph 8 of this Section. Section 12-911. CONDUCT ON LICENSED PREMISES. It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this Section, a premises is disorderly at which any of the following activities occur: a. Violation of Section 19-1202 (Noise Abatement). • b. Violation of Section 19-1121 (Unlawful Possession, Delivery or Purchase) or violation of laws relating to the possession of controlled substances as defined in Minnesota Statutes Section 152.01, Subdivision 4. C. Violation of Section 19-202 (Disturbing the Peace). d. The unlawful sale of intoxicating liquor or 3.2 percent malt liquor. e. Violation of laws relating to gambling. f. Violation of laws relating to prostitution as defined in Minnesota Statutes, Section 609.321, Subdivision 9, or acts relating to prostitution. g. Unlawful use or possession of a firearm in violation of Minnesota Statutes, Section 609.66, Subdivision la, 609.67, or 624.713. 2. The City Manager shall be responsible for enforcement and administration of this Ordinance. Authority to take any action authorized under this section may be delegated to the City Manager's authorized designee. is City of Brooklyn Center 12-21 City Ordinance 3. Upon determination by the. City Manager that a licensed premises was used in a disorderly manner, as described in paragraph 1, the City Manager shall give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations. 4. If another instance of disorderly use of the licensed premises occurs within three (3) months of an incident for which a notice in paragraph 3 was given, the City Manager shall notify the licensee of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the City Manager within five (5) days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three (3) months. 5. If another instance of disorderly use of the licensed premises occurs within three (3) months after any two previous instances of disorderly use for which notices were given to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Manager who shall give to the licensee written notice of a hearing before the City Council to consider such denial, revocation suspension or nonrenewal. Such written notice shall specify all violations of this section, and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than ten (10) days and no more than thirty (30) days after giving such notice. Following the hearing, the council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. 6. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. • City of Brooklyn Center 12-22 City Ordinance 7. A determination that the licensed premises have been used in a disorderly manner as described in paragraph 1 shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. All notices given by the City under this section shall be personally served on the licensee, sent by First Class mail to the licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed premises. 9. Enforcement actions provided in this section shall not be exclusive, and the City O•ouncil may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by this Code or state law. Section 12-912. NO RETALIATION. No licensee shall evict, threaten to evict or take any other punitive action against any tenant by reason of good faith calls made by such tenant to law enforcement agencies relating to criminal activity, suspected criminal activity, suspicious occurrences or public safety concerns. This section shall not prohibit the eviction of tenants from a dwelling unit for unlawful-conduct of-a tenant or invitee or-violation of any rules, regulations or lease terms other,..-- than a prohibition against contacting law enforcement agencies. • City of Brooklyn Center 12-23 12120108 Section 12-913. PROVISIONAL LICENSES. 1. Licensed multiple dwellings, with five or more units, that have generated an average of .65 or more police or fire calls per dwelling unit in a preceding one year period as specified below are eligible only for provisional licenses. Properties with provisional licenses may qualify for a regular license only after a one year period with fewer than .65 police or fire calls per dwelling unit. a. Police and fire calls that are counted in determining whether a provisional license is required include the following types of calls or events, all of which are hereby declared to constitute a nuisance or other disorderly conduct: (i) calls or events listed in Section 12-911; (ii) calls or events categorized as part one crimes in the Uniform Crime Reporting System, including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson; (iii) calls or events categorized by the police department as one of the following: a) Firearms (Minn Stat. 609.66 609.67) b) Weapons/dangerous weapons (Minn Stat. 609.02 subd.6 & 609.66) City Ordinance 19-402 C) Drug paraphernalia (Minn Stat. 152.092) d) Loud persons - City Ordinance 19-1201 e) Gambling (Minn Stat. 609.755 & 609.76) f) Loud parties - City Ordinance 19-1201 g) Prostitution (Minn Stat. 609.321) h) Noise - cars/dogs City Ordinance 1-110- horns/radios - City Ordinance 19-1201,02,03 i) Fights - City Ordinance 19-203 j) Drugs/narcotics and/or narcotic precursors (Minn Stat. 152.01) k) Allowing curfew/status offenses/underage drinking - City Ordinance 19-301,19-304 1) Disorderly conduct (Minn Stat. 609.72) m) Property damage - City Ordinance 19-211 n) Assaults 5th degree non-domestic - City Ordinance 19-204 o) Public disturbance - City Ordinance 19-202 P) Fire alarms - City Ordinance 5-112 q) Interference with a peace officer (Minn Stat. 609.50) City of Brooklyn Center 12-24 City Ordinance • r) Unlawful assembly (Minn Stat. 609.705) City Ordinance 19-1105 S) Presence at unlawful assembly (Minn Stat. 609.175) t) Terrorist threats (Minn Stat. 609.713) U) Loitering - City Ordinance 19-201 (iv) The City Manager may determine that multiple incidents shall be counted as a single call in appropriate cases. b. Calls will not be counted for purposes of determining whether a provisional license is required where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). C. The period of time used to determine whether a provisional license is required is the twelve (12) month period ending two months before the six-month review period described in section 12-901(2). d. The City will provide by mail to each licensee a monthly report of calls described in paragraph (1) (a) above. 2. The applicant fora provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls described in paragraph (1) (a) to a level that qualifies for a regular license. The mitigation plan may include such steps as: changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, and security personnel. 3. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire calls and the expected effectiveness of measures identified in the plan to reduce the number of police and fire calls. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and • fire calls. City of Brooklyn Center 12-25 City Ordinance • 4. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Section 12-914. TENANT BACKGROUND CHECKS. All licensees will conduct criminal background checks on all prospective tenants. The criminal background check must include the following: (a) A statewide (Minnesota) criminal history check of all prospective tenants covering at least the last three years; the check must be done "in person" or by utilizing the most recent update of the state criminal history files; (b) A statewide criminal history check from the prospective tenant's previous state of residence if the tenant is moving directly from the previous state; (c) A criminal history check of any prospective tenant in their previous states of residence covering the last three years if they have not resided in Minnesota for three years or longer; (d) A criminal history check of any prospective tenant must be conducted in all seven counties in the metro Twin City area covering at least the last three years including all misdemeanor, gross. misdemeanor, and felony convictions. (e) Licensees will retain criminal history check information for at least one year after the date of the check or, if the subject of the check becomes a tenant of the licensed premises, one year after the subject of the check has ceased to be a tenant. Such information shall be available for inspection upon demand by the City Manager or the City Manager's designee, during normal business hours. City of Brooklyn Center 12-26 City Ordinance • Nve"l dsItem 6c Ci~ Council • 0 0 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 5, 2009 SUBJECT: Resolution Designating Official Newspaper Recommendation: It is recommended that the City Council consider adoption of Resolution Designating Official Newspaper. Background: Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circulation in the City as its official newspaper in which the City will publish ordinances, bids, public hearing notices, advertising for proposals, assessments, bonds, financial reports, and other matters as required by law. Sun Newspapers has once again requested the City Council to designate Brooklyn Center Sun-Post to be the official newspaper for 2009. Brooklyn Center Sun-Post meets all necessary requirements for designation. Attachments: Resolution Designating Official Newspaper Minnesota Statutes Chapter 331A Budget Issues: The 2009 budget includes $7,000 for legal publications. 0 its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun-Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun-Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun-Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 2009. • Januarv 12, 2009 Date ATTEST: City Clerk Mayor 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. 0 1 MINNESOTA STATUTES 2008 331A.01 • CHAPTER 331A QUALIFIED NEWSPAPERS 331A.01 DEFINITIONS. 331A.08 COMPUTATION OF TIME. 331A.02 REQUIREMENTS FOR A QUALIFIED 331A.09 PUBLICATION ON SUNDAY OR HOLIDAY NEWSPAPER- 331A.10 CHANGE OF NAME OR DISCONTINUANCE OF 331A.03 WHERE NOTICE PUBLISHED. NEWSPAPER. 331A.04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL 331A.11 APPLICATION. PUBLICATIONS. 331A.12 WEB SITE PUBLICATION OF LOCAL 331A.05 FORM OF PUBLIC NOTICES. TRANSPORTATION RFP. 331A.06 RATES FOR PUBLICATION. 331A.07 AFFIDAVIT OF PUBLICATION. 331A.01 DEFINITIONS. Subdivision 1. Scope. As used in sections 331A.01 to 331A.11, the terms defined have the meanings given them except as otherwise expressly provided or indicated by the context. - Subd. 2. Known office of issue. "Known office of issue" means the newspaper's principal office devoted primarily to business related to the newspaper, whether or not printing or any other operations of the newspaper are conducted at or from the office. A newspaper may have only one known office of issue. . Subd. 3. Political subdivision. "Political subdivision" means a county, municipality, school district, or any other local political subdivision or local or area district, commission, board, or authority. Subd. 4. Municipality. "Municipality" means a home rule charter or statutory city or town. Subd. 5. [Repealed, 2004 c 182 s 33] Subd. 6. Proceedings. "Proceedings" means the substance of all official actions taken by the governing body of a political subdivision at any regular or special meeting, and at minimum includes the subject matter of a motion, the persons making and seconding a motion, the roll call vote on a motion, the character of resolutions or ordinances offered, including a brief description of their subject matter, and whether defeated or adopted. Subd. 7. Public notice. "Public notice" means every notice required or authorized by law or by order of a court to be published by a qualified newspaper, and includes: (1) every publication of laws, ordinances, resolutions, financial information, and proceedings intended to give notice in a particular area; (2) every notice and certificate of election, facsimile ballot, notice of referendum, notice of public hearing before a governmental body, and notice of meetings of private and public bodies required by law; Copyright © 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 MINNESOTA STATUTES 2008 331A.02 • (3) every summons, order, citation, notice of sale or other notice which is intended to inform a person that the person may or shall do an act or exercise a right within a designated period or upon or by a designated date; and (4) this subdivision contains no independent requirement for the publication of any public notice. Subd. 8. Qualified newspaper. "Qualified newspaper" means a newspaper which complies with all of the provisions of section 331A.02. The following terms; when found in laws referring to the publication of a public notice, shall be taken to mean a qualified newspaper: "qualified legal newspaper," "legal newspaper," "official newspaper," "newspaper," and "medium of official and legal publication." Subd. 9. Secondary office. "Secondary office" means an office established by a newspaper in a community other than that in which its known office of issue is located, in the same or an adjoining county, open on a regular basis to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office. Subd. 10. Summary. "Summary" means an accurate and intelligible abstract or synopsis of • the essential elements of proceedings, ordinances, resolutions, financial statements, and other official actions. It shall be written in a clear and coherent manner, and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a designated location or by standard or electronic mail. A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized had been published. No liability shall be asserted against a political subdivision in connection with the publication of a summary or agenda. History: 1984 c 543 s 20; 1986 c 444; 2004 c 182 s 3-7 331A.02 REQUIREMENTS FOR A QUALIFIED NEWSPAPER. Subdivision 1. Qualification. No newspaper in this state shall be entitled to any compensation or fee for publishing any public notice unless it is a qualified newspaper. A newspaper that is not qualified must inform a public body that presents a public notice for publication that it is not qualified. To be qualified, a newspaper shall: (a) be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches, or 800 square inches if the political is subdivision the newspaper purports to serve has a population of under 1,300 and the newspaper does not receive a public subsidy; Copyright 0 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2008 331A.02 (b) if a daily, be distributed at least five days each week. If not a daily, the newspaper may be distributed twice a month, with respect to the publishing of government public notices. In any week in which a legal holiday is included, not more than four issues of a daily paper are necessary; (c) in at least half of its issues each year, have no more than 75 percent of its printed space comprised of advertising material and paid public notices. In all of its issues each yearY have 25. percent, if published more often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the community which it purports to serve. Not more than 25 percent of its total nonadvertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news services; (d) be circulated in the political subdivision which it purports to serve, and either have at least 500 copies regularly delivered to paying subscribers, or 250 copies delivered to paying subscribers if the political subdivision it purports to serve has a population of under 1,300, or have at least 500 copies regularly distributed without charge to local residents, or 250 copies distributed without charge to local residents if the political subdivision it purports to serve has a population of under 1,300; (e) have its known office of issue established in either the county in which lies, in whole or in part, the political subdivision which the newspaper purports to serve, or in an adjoining county; • (f) file a copy of each issue immediately with the State Historical Society; (g) be made available at single or subscription prices to any person or entity requesting the newspaper and making the applicable payment, or be distributed without charge to local residents; (h) have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i) between September 1 and December 31 of each year publish a sworn United States Post Office periodicals-class statement of ownership and circulation or a statement of ownership and circulation verified by a recognized independent circulation auditing agency covering a period of at least one year ending no earlier than the June 30 preceding the publication deadline. When publication occurs after December 31 and before July 1, qualification shall be effective from the date of the filing described in paragraph 0) through December 31 of that year; and 0) after publication, submit to the secretary of state by December 31 a filing containing the newspaper's name, address of its known office of issue, telephone number, and a statement that it has complied with all of the requirements of this section. The filing must be accompanied by a fee of $25. The secretary of state shall make available for public inspection a list of newspapers that have filed. Acceptance of a filing does not constitute a guarantee by the state that any other qualification has been met. . Subd. 2. [Repealed, 2004 c 182 s 33] Copyright 0 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 4 MINNESOTA STATUTES 2008 331A.03 • Subd. 3. Publication; suspension; changes. The following circumstances shall not affect the qualification of a newspaper, invalidate an otherwise valid publication, or invalidate a designation as official newspaper. (a) Suspension of publication for a period of not more than three consecutive months resulting from the destruction of its known office of issue, equipment, or other facility =by the elements, unforeseen accident, or acts of God or by reason of a labor dispute. (b) The consolidation of one newspaper with another published in the same county, or a change in its name or ownership, or a temporary change in its known office of issue. (c) Change of the day of publication, the frequency of publication, or the change of the known office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to maintain its known office of issue in the county, shall deprive a newspaper of its standing as a qualified newspaper until it again becomes qualified pursuant to subdivision 1. Subd. 4. Declaratory judgment of legality. A person interested in a newspaper's qualification under this section may petition the district court in the county in which the newspaper has its known office of issue for a declaratory judgment to determine whether the newspaper is qualified. Unless filed by the publisher, the petition and summons shall be served on the publisher . as in other civil actions. Service in other cases shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside shall be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act and the Rules of Civil Procedure shall apply to the action. Subd. 5. Posting notices on Web site. If, in the normal course of its business, a qualified newspaper maintains a Web site, then as a condition of accepting and publishing public notices, the newspaper must agree to post all the notices on its Web site at no additional cost. The notice must remain on the Web site during the notice's full publication period. Failure to post or maintain a public notice on the newspaper's Web site does not affect the validity of the public notice. History: 1984 c 543 s 21; 1985 c 174 s 1; 1 Sp1985 c 13 s 315; 1987 c 30 s 1.; 1987 c 286 s 1; 1988 c 682 s 42; 1990 c 395 s 1; 1991 c 205 s 17, 1997 c 137 s 13; 2001 c 38 s 1; 2004 c 182s8-11 331A.03 WHERE NOTICE PUBLISHED. Subdivision 1. Generally. Except as provided in subdivision 2, a public notice shall be published in a qualified newspaper, and except as otherwise provided by law, in one that is likely • to give notice in the affected area or to whom it is directed. When a statute or other law requires Copyright © 2008 by the Revisor of Statutes, State of Minnesota All Rights Reserved. MINNESOTA STATUTES 2008 . 331A.04 publication in a newspaper located in a designated political subdivision or area and no qualified newspaper is located there, publication shall be made in a qualified newspaper likely to give notice unless the particular statute or law expressly provides otherwise. If no qualified newspaper exists, then publication is not required. Subd. 2. Exception; certain cities of the fourth class. A public notice required to be published by a statutory or home rule charter city of the fourth class located in the metropolitan area defined in section 473.121, subdivision 2, is not required to be published in a qualified newspaper if there is no qualified riondaily newspaper of general circulation in the city, provided the notice is printed in a newsletter or similar printed means of giving notice that is prepared by the city and either mailed or delivered to each household in the city. Subd. 3. Alternative dissemination of bids and requests. (a) In addition to or as an alternative to the statutory requirements for newspaper publication, a political subdivision may disseminate solicitations of bids, requests for information, and requests for proposals by a means authorized in paragraph (b), if the political subdivision simultaneously publishes, either as part of the minutes of a regular meeting of the governing body or in a separate notice published in the official newspaper, a description of all solicitations or requests so disseminated, along with the means by which the dissemination occurred. (b) A political subdivision may use its Web site or recognized industry trade journals as an alternative means of dissemination. A dissemination by alternative means must be in substantially the same format and for the same period of time as a publication required by this chapter. (c) For the first six months after a political subdivision designates an alternative means of dissemination, it must continue to publish solicitation of bids, requests for information, and requests for proposals in the official newspaper in addition to the alternative method. The publication in the official newspaper must indicate where to find the designated alternative method. After the expiration of the six-month period, an alternative means of dissemination satisfies the publication requirements of law for solicitation of bids, requests for information, and requests for proposals. History: 1984 c 543 s 22; 1991 c 53 s 1; 2004 c 182 s 12,13 331A.44 DESIGNATION OF A NEWSPAPER FOR OFFICIAL PUBLICATIONS. Subdivision 1. Priority. The governing body of a political subdivision, when authorized or required by statute or charter to designate a newspaper for publication of its public notices, shall designate a qualified newspaper in the following priority. Subd. 2. Known office in locality. If there are one or more qualified newspapers, the known office of issue of which are located within the political subdivision, one of them shall be designated. Copyright 0 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 6 MINNESOTA STATUTES 2008 331A.04 Subd. 3. Secondary office in locality. When no qualified newspaper has a known office of issue located in the political subdivision, but one or more qualified newspapers maintain a secondary office there, one of them shall be designated. Subd. 4. General circulation in locality. When no qualified newspaper has its known office of issue or a secondary office located within the political subdivision, then a qualified newspaper of general circulation there shall be designated. Subd. 5. Other situations. If a political subdivision is without an official newspaper, or if the publisher refuses to publish a particular public notice, matters required to be published shall be published in a newspaper designated as provided in subdivision 4. The governing body of a political subdivision with territory in two or more counties may, if deemed in the public interest, designate a separate qualified newspaper for each county. Subd. 6. Exception to designation priority. (a) Notwithstanding subdivisions 1 to 3, the governing body of a political subdivision may designate any newspaper for publication of its official proceedings and public notices, if the following conditions are met: (1) the newspaper is a qualified medium of official and legal publication; (2) the publisher of the newspaper furnishes a sworn statement, verified by a recognized independent circulation auditing agency, covering a period of at least one year ending no earlier than 60 days before designation of the newspaper, stating that the newspaper's circulation reaches not fewer than 75 percent of the households within the political subdivision; (3) the newspaper has provided regular coverage of the proceedings of the governing body of the political subdivision and will continue to do so; and (4) the governing body votes unanimously to designate the newspaper. (b) If the circulation of a newspaper designated under this subdivision falls below 75 percent of the households within the political subdivision at any time within the term of its designation as official newspaper, its qualification to publish public notices for the political subdivision terminates. Subd. 7. Joint bidding. A bid submitted jointly by two or more newspapers for the publication of public notices must not be considered anticompetitive or otherwise unlawful if the following conditions are met: (1) all of the qualified newspapers in the political subdivision participate in the joint bid; (2) the existence of the joint bid arrangement is disclosed to the governing body of the political subdivision before or at the time of submission of the joint bid; and (3) the board is free to reject the joint bid and, if it does, individual qualified newspapers do not refuse to submit separate bids owing to the rejection of the joint bid. Copyright 0 2008 by the Revisor of Statutes, State of Minnesota All Rights Reserved. MINNESOTA STATUTES 2008 331A.05 0 History: 1984 c 543 s 23; 2003 c 59 s 1; 2004 c 182 s 14 331A.05 FORM OF PUBLIC NOTICES. Subdivision 1. English language. All public notices shall be printed or otherwise disseminated in the English language. Subd. 2. Time of notice. Unless otherwise specified by law, or by order of a court, publication of a public notice shall be as follows: (a) the notice shall be published once; (b) if the notice is intended to inform the public about a future event, the last publication shall occur not more than 30 days and not less than seven days before the event; (c) if the notice is intended to inform the public about a past action or event, the last publication shall occur not more than 45 days after occurrence of the action or event. Subd. 3. Type face. Except as otherwise directed by a particular statute requiring publication of a public notice or by order of a court, a public notice shall be printed in a type face no smaller than six point with a lowercase alphabet of at least 90 points. Larger type faces may be used. - Subd. 4. Title or caption. Every public notice shall include a bold face title or caption in a body type no smaller than brevier or eight point referring to the content of the notice. Larger type faces may be used. Subd. 5. Local options. The governing body of a political subdivision may, to better inform the public, increase the frequency of publication of a public notice beyond the minimum required by a particular statute. It may use forms and styles for the notice as it deems appropriate, including the use of display advertisements and graphics. In addition to publication in the newspaper required to be designated under section 331A.04, it may publish or disseminate the notice in other newspapers and by means of standard and electronic mail. Regardless of whether a particular statute specifies "legal notice," "public notice," "notice," or uses similar terms, the governing.body may use whatever form for the published notice that it deems appropriate in order to adequately inform the public, subject to the requirements of sections 331A.01 to 331A.11. Nothing in the foregoing provisions of this subdivision shall require the governing body of a political subdivision to use the options described. Subd. 6. Conflict of laws. Nothing in this section shall invalidate or affect any statutory or charter provision imposing additional or special qualifications for publication of particular notices or proceedings. Subd. 7. Errors in publication. If through no fault of the political subdivision, an error . occurs in the publication of a public notice, the error shall have no effect on the validity of the event, action, or proceeding to which the public notice relates. Copyright 0 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2008 331A.07 • Subd. 8. Notice regarding published summaries. If a political subdivision elects to publish a summary of the political subdivision's financial statement or proceedings as authorized by other law, it must include with the published summary a notice stating that a copy of the full version of the financial statement or proceedings other than attachments to the minutes is available without cost at the offices of the political subdivision or by means of standard or electronic mail. History: 1984 c 543 s 24; 1997 c 56 s 1; 2004 c 182 s 15-19; 2008 c 154 art 10 s 4 331A.06 RATES FOR PUBLICATION. Subdivision 1. Maximum rate. The maximum rate charged for publication of a public notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears, and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. Subd. 2. Rate increases. Notwithstanding subdivision 1, no newspaper may increase its rates for publication of public notices by more than ten percent per year, as compared to the maximum rate actually charged by the newspaper in the previous year for publication of public TM notices, and in any case the new rate shall not exceed the rate described in subdivision 1. Nothing in this section shall be interpreted to mean that such an increase is required. Subd. 3. Rate from competitive bidding. When the governing board of a political subdivision awards a contract for the publication of public notices based on competitive bidding, the rate established by the competitive bidding shall be the rate charged for publication of the public notices. Subd. 4. Publication at legal rate. When a statute refers to publication of a public notice at the legal rate the maximum rate shall be as provided in this section. Subd. 5. Multiyear publication contracts. Notwithstanding other law, a political subdivision may enter into multiyear contracts with a qualified newspaper for publication of the political subdivision's public notices. No multiyear contract may be for a term longer than three years. History: 1984 c 543 s 25; 1985 c 174 s 2; 1994 c 465 art 2 s 18; 2004 c 182 s 20,21 331A.07 AFFIDAVIT OF PUBLICATION. No compensation shall be recoverable for publishing a public notice -in any newspaper unless the bill is accompanied by an affidavit of the publisher of the newspaper or the publisher's designated agent, having knowledge of the facts, stating that the newspaper has complied with all the requirements to constitute a qualified newspaper. The affidavit must set forth the dates of the month and year and the day of the week upon which the public notice was published in Copyright ® 2008 by the Revisor of Statutes, State of Minnesota All Rights Reserved. 9 MINNESOTA STATUTES 2008 331A.10 • the newspaper. The affidavit must also include the publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to section 331A.06. History: 1984 c 543 s 26, 1993 c 48 s 7; 2004 c 182 s 22 331A.08 COMPUTATION OF TIME. Subdivision 1. Time for publication. The time for publication of public notices shall be computed to exclude the first day of publication and include the day on which the act or event, of which notice is given, is to happen or which completes the full period required for publication. Subd. 2. Time for act or proceeding. The time within which an act is to be done or proceeding had or taken, as prescribed by the rules of procedure, shall be computed by excluding the first day and including the last. If the last day is Sunday or a legal holiday the party shall have the next secular day in which to do the act or take the proceeding. Subd. 3. Publication of proceedings. Notwithstanding other statutory publication requirements, if the governing body of a political subdivision conducts regular meetings not more than once every 30 days, the governing body need not publish the meeting minutes in the official newspaper until ten days after the proceedings have been approved by the governing body. History: 1984 c 543 s 27; 2004 c 182 s 23 • 331A.09 PUBLICATION ON SUNDAY OR HOLIDAY. Any public notice may lawfully be printed in a newspaper published on a Sunday or holiday. Any notice that, by law or the order of any court, is required to be published for any given number of weeks may be published on any day in each week of the term, and if published as many weeks and as many times in each week as required by the law or order, it is a lawful publication. History: 1984 c 543 s 28; 2004 c 182 s 24 331A.10 CHANGE OF NAME OR DISCONTINUANCE OF NEWSPAPER. Subdivision 1. Change of name. When a public notice is required or ordered to be published in a particular newspaper and the name of the newspaper is changed before the publication is completed, the publication shall be made or continued in the newspaper under its new name with the same effect as if the name had not been changed. The proof of the publication, in addition to other requirements, shall state the change of name and specify the period of publication in the newspaper under each name. Subd. 2. Discontinuance. When a newspaper ceases to be published before the publication of a public notice is commenced, or when commenced ceases before the publication is completed, the order for publication, when one is required in the first instance, may be amended by order of the court or judge, to designate another newspaper, as may be necessary. If no order is required in Copyright 0 2008 by the Revisor of Statutes, State of Minnesota All Rights Reservecl. 10 MINNESOTA STATUTES 2008 331A.12 the first instance, publication may be made or completed in any other qualified newspaper. Any time during which the notice is published in the first newspaper shall be calculated as a part of the time required for the publication, proof of which may be made by affidavit of any person acquainted with the facts. History: 1984 c 543 s 29; 2004 c 182 s 25 331A.11 APPLICATION. Subdivision 1. Application. Sections 331A.01 to 331A.11 apply to all political subdivisions of the state. Subd. 2. Notices excluded. Sections 331A.01 to 331A.11 do not apply to notices required l by private agreements or local laws to be published in newspapers, unless they refer expressly or by implication to this chapter or to particular provisions of this chapter. History: 1984 c 543 s 30; 2004 c 182 s 26,27 331A.12 WEB SITE PUBLICATION OF LOCAL TRANSPORTATION RFP. Subdivision 1. Definitions. (a) The terms defined in this subdivision and section 331A.01 apply to this section. • (b) "Web site" means a specific, addressable location provided on a server connected to the Internet and hosting World Wide Web pages and other files that are generally accessible on the Internet all or most of the day. Subd. 2. Designation. At the meeting of the governing body of the local public corporation at which the governing body must designate its official newspaper for the year, the governing body may designate in the same manner publication of transportation projects on the local public corporation's Web site. Publication on the Web site may be used in place of or in addition to any other required form of publication. Each year after designating publication on the Web site for transportation projects, the local public corporation must publish in a qualified newspaper in the jurisdiction and on the Web site, notice that the local public corporation will publish any advertisements for bids on its Web site. Subd. 3. Form, time for publication same. A local public corporation that publishes on its Web site under this section must post the information in substantially the same format and for the same period of time as required for publication in an official newspaper or other print publication. Subd. 4. Record retention. A local public corporation that publishes notice on its Web site under this section must ensure that a permanent record of publication is maintained in a form accessible by the public. • History: 1 Sp2003 c 19 art 2 s 56 Copyright 0 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. until Agenda Item No. 6d City Co • 0 TO: FROM: DATE: SUBJECT: City of Brooklyn Center City Council Agenda Item Memorandum Curt Boganey, City Manager Daniel- JordetDirector-of Fiscal & Support Seri 6 January 2009 Depository Resolution Recommendation: It is recommended that the City Council adopt the attached resolution designating, depositories for the 2009 fiscal year. Background: At the beginning of each fiscal year, in accordance with Minnesota Statutes 118A.02 and City Council Policy 2.22.4.A, the City Council considers a resolution • authorizing depositories for City funds. The resolution includes banks and other financial institutions as well as dealers and/or brokers managing investments for the City. The attached resolution designates banks which may not currently hold City funds but which may during the fiscal year, become a depository for City funds. In addition, not all investment dealers and/or brokers are part of the City's program but are authorized, after filing the appropriate Broker Certification form, to transact business with the City of Brooklyn Center. This allows the City to bid its investments among competing firms. All of this documentation is reviewed by the City's auditors during the financial statement audit each year. While Wells Fargo Bank, N.A. is being designated as our depository for banking services, there is a Request for Proposals (RFP) process in motion at the present time that may require a revised resolution if the depository is changed as a result of the RFP process. However, to comply with statutory and City Council Code of Policy requirements, Weis Fargo Bank, N.A. is being designated at this time. Financial Impact: There is no direct financial impact. • its adoption: Member . introduced the following resolution and moved RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS WHEREAS, Section 7.01 of the City Charter provides the City Council with authority over City funds that includes the safekeeping and disbursement of public monies; and WHEREAS, Section 7.10 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the City Manager and City Treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. That Wells Fargo Bank NA is hereby designated as a depository for funds of the City of Brooklyn Center for operational banking and investment purposes. 2. That the following named bankers and brokers are hereby designated as additional depositories to be used for investment purposes: • Federal Reserve Bank of Minneapolis Bremer Bank U.S. Bank, N.A. Minnesota Municipal Money Market Fund (4M Fund) Minnesota Municipal Money Market Plus Fund (4M Plus Fund) RBC Dain Rauscher Morgan Stanley Smith Barney TCF Bank UBS Financial Services Wachovia Securities The City Treasurer is hereby authorized to deposit funds in accounts guaranteed by the Federal Deposit Insurance Corporation (FDIC), the Securities Insurance Protection Corporation (SIPC), successors of the FDIC or SIPC or other governmental institutions insuring the safety and liquidity of public monies. Funds deposited with designated depositories in excess of the insurance limits available through FDIC, SIPC or its successor institutions shall be covered by collateral in the form of government securities held in the City's name or other collateral proposed by the institution and approved by the City of not less than 110% of the value of the uninsured deposits. 3. That Wells Fargo Merchant Services is hereby designated as the clearinghouse for 0 RESOLUTION NO. credit card sales at the Brooklyn Center Liquor stores, Centerbrook golf course and the Earle Brown Heritage Center. 4. That Active Network is hereby designated as the clearinghouse depository for credit card sales for the Recreation Department. 5. That the City Council authorizes the City Manager, the City Treasurer, or the Deputy City Treasurer to act for the City in all of its business activities with these designated depositories. Januarv 12, 2009 Date ATTEST: City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member 0 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. 0 cil Agenda Item N~• 6e City coun • • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 5, 2009 SUBJECT: Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Five Cities Senior Transportation Project, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Pets Under Police Security, Project Peace, Twin Lakes Joint Powers Organization, and Visit Minneapolis North Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Five Cities Senior Transportation Project, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Pets Under Police Security, Project Peace, Twin Lakes Joint • Powers Organization, and Visit Minneapolis North. Background: The City of Brooklyn Center has entered into several Joint and Cooperative Agreements with various organizations. I have reviewed each of the joint powers agreements and identified those organizations whose agreements provide that appointment of directors be made by the governing body or by City Council resolution. Some of the agreements require annual appointment, some provide that a director is appointed until succeeded, and some provide that a certain position serve as the representative. A summary of each of the Joint and Cooperative Agreements can be found in Section VII of the City Council Reference Book. A resolution is attached for review and consideration. Budget Issues: There -are no budget issues to consider. 0 Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, FIVE CITIES SENIOR TRANSPORTATION PROJECT, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, PETS UNDER POLICE SECURITY, PROJECT PEACE, TWIN LAKES JOINT POWERS ORGANIZATION, AND VISIT MINNEAPOLIS NORTH WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of The Brooklyn Bridge Alliance for Youth on November 24, 2008, and Article III, Section 2, of the joint powers agreement states that each party designates two individuals and one alternate to attend' the organizational committee meetings, as well as two additional members, one from the City's police department and one from the City's parks and recreation department; and WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of the Five Cities Senior Transportation Project on June 18, 1985, and Section 2.2 of the joint powers agreement states that the governing body of a member appoints its City Manager as a member of the Executive Committee and one additional representative; and • WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Hennepin Recycling Group on August 1, 1988, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Local Government Information Systems (LOGIS), on May 1, 1972, and Article IV, Section 1, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of the North Metro Mayors Association on June 26, 1989, and the joint powers agreement states that the governing body of a member appoints two directors, one of whom shall be the City Manager or other designee; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Northwest Hennepin Human Services Council on December, 8, 1975, and Article IV, Section 3, of the joint powers agreement states that the governing body of a party appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Pets Under Police Security (PUPS) on September 10, 1990, • and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and RESOLUTION NO. • WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Project PEACE on January 8, 1996, and Article III, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Twin Lakes Joint Powers Organization on January 14, 1991, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center, Minnesota, that the following appointments are hereby approved: The Brooklyn Bridge Alliance for Youth, Member The Brooklyn Bridge Alliance for Youth, Member The Brooklyn Bridge Alliance for Youth, Alternate Member The Brooklyn Bridge Alliance for Youth, Police The Brooklyn Bridge Alliance for Youth, Parks and Recreation Five Cities Senior Transportation Project, Executive Committee Five Cities Senior Transportation Project, Additional Representative Hennepin Recycling Group, Director Hennepin Recycling Group, Alternate Director Local Government Information Systems (LOGIS), Director Local Government Information Systems (LOGIS), Alternate Director North Metro Mayors Association, Director - City Manager North Metro Mayors Association, Director Northwest Hennepin Human Services Council, Director Northwest Hennepin Human Services Council, Alternate Director Pets Under Police Security, Director Pets Under Police Security, Alternate Director Project PEACE, Director Project PEACE, Alternate Director Twin Lakes Joint Powers Organization, Director Twin Lakes Joint Powers Organization, Alternate Director Visit Minneapolis North Tim Willson Curt Boganey Scott Bechthold Jim Glasoe Curt Boganey Kathy Flesher Curt Boganey Jim Glasoe Curt Boganey Patty Hartwig Curt Boganey Tim Willson Curt Boganey Vickie Schleuning Scott Bechthold Kevin Benner Scott Bechthold Curt Boganey Scott Bechthold Kevin Benner Tim Willson 0 RESOLUTION NO. • 0 Januarv 12, 2009 Date ATTEST: City Clerk Mayor 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. 0 City Council Agenda Item No. 6f • 0 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk J 1Ci/3~`L~ DATE: January 5, 2009 SUBJECT: Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations Recommendation: It is recommended that the City Council consider adoption of Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations. Background: As part of the City Council's goal of inclusiveness, one of the aspects was to recognize the various ethnic populations and their contributions as well as heritage celebrations. The proposed resolution would implement that Council policy by an inclusive list of celebrations and contributions in one resolution. We have avoided adopting individual resolutions, while wishing to participate in an inclusive fashion in recognizing the various ethnic and heritage celebrations that occur during the year. By adopting this resolution, the City acknowledges these many events that occur throughout the course of the year. Budget Issues: There are no budget issues to consider. 0 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS WHEREAS, the City Council has established a goal to promote the inclusion of all residents in Brooklyn Center's community life by emphasizing opportunities to include all residents in the community's activities and plans; and WHEREAS, the City Council recognizes that its cultural composition has changed significantly over the past decade, with its ethnic population one-third of its total population; and WHEREAS, Brooklyn Center is strengthened by the rich cultural diversity of its people, and welcomes individuals of all races, religions, and cultural backgrounds; and WHEREAS, each individual brings a part of his or her own heritage and over time each heritage becomes part of our common heritage, leading us to become a more united people; and WHEREAS, the City Council recognizes the vital contributions ethnic populations . have made to the strength and diversity of our community and recognizes their rich legacy of ingenuity, perseverance, and achievement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following heritage celebrations and all other heritage celebrations reflected in Brooklyn Center's population are recognized for the purpose of encouraging our citizens to learn more about the history of ethnic populations and how they have contributed to the culture and heritage of our community: February African American History Month March Irish-American Heritage Month March 25 Greek Independence Day April 14 May May May 17 (Syttende Mai) June 6 September 15-October 15 October 6 November Pan American Day Asian/Pacific American Heritage Month Jewish American Heritage Month Norwegian Constitution Day Swedish National Day Hispanic Heritage Month German-American Day American Indian Heritage Month 0 . RESOLUTION NO. Januarv 12. 2009 Date ATTEST: City Clerk Mayor 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. • . 0 Council Agenda Item N°• 6g City • • 3 City of Brooklyn Center City Council Agenda Item Memorandum TO: Curt Boganey, City Manager A -4 FROM: Daniel -Jordet; Director of Fiscal & Support Services DATE: 6 January 2009 SUBJECT: Corporate Resolution Recommendation: It is recommended that the City Council adopt the attached resolution granting the City Manager and Director of Fiscal and Support Services the authority to transact financial business matters for investment purposes. Background: Many investment firms require the adoption of a resolution by the corporate i board, in this case the City Council, authorizing specific officers of the corporation, in this case a municipal corporation, to transact financial business involving stocks, bonds, treasury notes, certificates of deposit and other securities. The attached resolution fulfills that requirement by appointing the City Manager and the Director of Fiscal and Support Service, who serves as the City Treasurer, as the officers authorized to transact such business. Financial Impact: There is no financial impact. 0 Member introduced the following resolution and moved its 0 adoption: RESOLUTION NO. RESOLUTION GRANTING CORPORATE AUTHORITY FOR TRANSACTION OF FINANCIAL BUSINESS MATTERS; WHEREAS, specific individuals must be designated by the City Council as authorized to sell, assign and endorse for transfer various financial instrument in the regular conduct of City business. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Cornelius L. Boganey, City Manager and Daniel Jordet, Director of Fiscal and Support Services are hereby authorized to sell, assign and endorse for transfer certificates representing stocks, bonds, or other securities now registered or hereafter registered in the name of this municipality. 12 Januarv 2009 Date Mayor 0 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. 0 city Coancil Agenda Item No. 611 • 0 0 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Ronald A. Warren, Planning and Zoning Specia ist {r~ . DATE: January 7, 2009 SUBJECT: Site Performance Guarantee Reduction Recommendation: It is recommended that the City Council authorize a reduction from $20,000 to $5,000 of the site performance guarantee posted by the Brooklyn Center Church of the Nazarene at 501 73rd Avenue North. Background: The following site performance guarantee being held for completion of various site improvements is recommended to be reduced to $5,000: Brooklyn Center Church of the Nazarene (50173rd Avenue North) Planning Commission Application No. 2007-009 Amount of Guarantee - $20,000 (Cash Escrow) Obligor - Brooklyn Center Church of the Nazarene All of the site improvements and conditions for which a site performance guarantee was posted for this three phase building addition and parking lot expansion have been completed. The first phase which included construction of a large lighted parking lot to be used in conjunction with Metro Transit as a park and ride along with a church expansion were completed in 2007. The City Council authorized a reduction of the financial guarantee from $73,000 to $20,000 on January 14, 2008 based upon completion of work through that time. The church has since completed the landscaping and screening, reshaped the drainage pond provided on the site, and satisfactorily completed other Engineering Department site improvement items. An acceptable as built survey of the property and utility service lines has been provided to the City Engineer. Basically, the only item to be completed is to assure plants, sodding and seeding recently installed survive the winter. Because of the nature of the guarantee (cash escrow), Pastor Dean Potts on behalf of the Brooklyn Center Church of the Nazarene, has requested another reduction. It is recommended that the guarantee be reduced from $20,000 to $5,000 with total release being considered around June, 2009 following review of the, landscaping for viability. Budget Issues: There are no budget issues. cil Age°da Item NO. la City Coup • 0 • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk Jwvyt *WAte DATE: January 5, 2009 SUBJECT: Resolution Expressing Recognition and Appreciation of Mary O'Connor for Her Dedicated Public Service as Council Member Recommendation: It is recommended that the City Council consider adoption of Resolution Expressing Recognition and Appreciation of Mary O'Connor for Her Dedicated Public Service as Council Member. Background: Mary O'Connor served as Council Member from January 1, 2005, through December 31, 2008. A resolution has been prepared to acknowledge her service. • Budget Issues: There are no budget issues to consider. 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MARY O'CONNOR FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER WHEREAS, Mary O'Connor was elected on November 2, 2004, as Council Member and served in that capacity from January 1, 2005, through December 31, 2008; and WHEREAS, Mary O'Connor has served as liaison to the Housing Commission, Park and Recreation Commission, Northwest Suburbs Cable Communications Commission, and Earle Brown Days Committee; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her services and achievements be permanently recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center, Minnesota, that Mary O'Connor is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service she has rendered and the benefits she has secured to the citizens of the City of Brooklyn Center. Januarv 12, 2009 Date ATTEST: City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i City Council Agenda Item No. 7b • 0 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 6, 2009 SUBJECT: Resolution Expressing Recognition and Appreciation of Michael Johnson for His Dedicated Public Service on the Housing Commission Recommendation: It is recommended that the City Council consider adoption of Resolution Expressing Recognition and Appreciation of Michael Johnson for His Dedicated Public Service on the Housing Commission. Background: Michael Johnson served on the Housing Commission from April 10, 2006, through December 31, 2008. Mayor Willson has requested that residents be recognized for their service on commissions by Council Resolution. Budget Issues: There are no budget issues to consider. 0 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MICHAEL JOHNSON FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION WHEREAS, Michael Johnson served on the Brooklyn Center Housing Commission from April 10, 2006, through December 31, 2008; and WHEREAS, as a member of the Housing Commission, he contributed to developing and recommending standards for occupancy and maintenance of housing for the community; and WHEREAS, his leadership and expertise have been greatly appreciated by the Housing Commission; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and . WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Michael Johnson is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service he has rendered to the citizens of Brooklyn Center. Januarv 12. 2009 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. 0 ncil Agenda item No- City C ou ~ ~ • 0 • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk lwpk 4vt"K DATE: January 6, 2009 SUBJECT: Recognition of Brooklyn Historical Society 2008 Hall of Fame Award Winners 1. Resolution Recognizing Leone Wadsworth Howe as a Brooklyn Historical Society 2008 Hall of Fame Award Winner 2. Resolution Recognizing Earl Simons as a Brooklyn Historical Society 2008 Hall of Fame Award Winner Recommendation: It is recommended that the City Council consider adoption of. 1. Resolution Recognizing Leone Wadsworth Howe as a Brooklyn Historical Society 2008 Hall of Fame Award Winner. 2. Resolution Recognizing Earl Simons as a Brooklyn Historical Society 2008 Hall of Fame Award Winner. Background: Brooklyn Center resident Diane Sannes has informed that Leone Wadsworth Howe and Earl Simons are the two 2008 Hall of Fame Award Winners and has requested a recognition resolution from the City Council. Resolutions have been prepared for Ms. Howe and Mr. Simons. Budget Issues: There are no budget issues to consider. 0 . Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING LEONE WADSWORTH HOWE AS A BROOKLYN HISTORICAL SOCIETY 2008 HALL OF FAME AWARD WINNER • WHEREAS, Leone Wadsworth Howe has been elected to the Brooklyn Historical Society Hall of Fame; and WHEREAS, she has spent a lifetime contributing her many talents to her community; and WHEREAS, her thousands of hours of work as a board member, volunteer, author/historian, and artist have been crucial to the preservation of the history of the city and the community; and WHEREAS, her work as a leader and role model served many during the trying times of the 1950s and 1960s; and WHEREAS, her life and passion has been represented by her extensive service to her church and to the community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Leone Wadsworth Howe, our 2008 Brooklyn Center Hall of Fame Award winner, be and hereby is commended for her outstanding volunteer contribution to others and our community. Januarv 12. 2009 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. 0 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING EARL SIMONS AS A BROOKLYN HISTORICAL SOCIETY 2008 HALL OF FAME AWARD WINNER WHEREAS, Earl Simons has been elected to the Brooklyn Historical Society Hall of Fame; and WHEREAS, he has served his city in elective office, in business organizations, in numerous civic, community, and charitable organizations, and has worked to elect responsible residents to city offices; and WHEREAS, his volunteer efforts have focused on assisting those in need, such as CEAP, the Lions Youth, Sight, and Hearing programs, and Evergreen School "Early Eagles" program; and WHEREAS, he has touched on almost 100% of what makes a community function for the youth, families, and senior citizens, while working hard to "preserve the fabric" of his city. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Earl Simons, our 2008 Brooklyn Center Hall of Fame Award winner, be and hereby is commended for his outstanding volunteer contribution to others and our community. Januarv 12. 2009 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. 0 BROOKLYN CENTER AND BROOKLYN PARK HALLS OF FAME COMMITTEE COMMITTEE: The Brooklyns Hall of Fame Committee and Chairperson are appointed by the Brooklyn Historical Society Executive Committee. The President of the Brooklyn Historical Society is an ex-officio member of the Committee. The Brooklyn Historical Society Board of Directors has approval authority over the Nomination Selection Criteria. PURPOSE: The principle purpose of the Brooklyns Hall of Fame Committee is to identify, recognize and record for history, persons (living or deceased, resident or non-resident) who have made a significant and enduring contribution in the development of the communities of Brooklyn Center and Brooklyn Park. WHO SHOULD BE ELECTED: People who meet one or more of the following criteria are considered to be worthy of nomination: • A person/leader who has made a significant difference in the community. • A person who was part of building the foundation or roots of the community. • A person who has made a unique contribution to the community. • A person who has served as a model to the community/area. • A person involved in or responsible for `cutting edge' progress or projects in the community. • A person whose contributions have had or will have a cumulative (lasting) positive effect on the community. Other considerations for Hall of Fame Elections: • Persons from all walks of life should be included. Diversity is to be taken into account. No more than two persons, shall be elected to the Hall of Fame in any given year. SELECTION PROCESS GUIDELINES: • Nominations shall be open to the entire community for participation. • Nominations shall be accepted from an individual and/or an organization. • The responsibility to review qualifications of nominees and make the decision to elect or not elect shall rest with the Halls of Fame Committee. • The Committee shall review with the Brooklyn Historical Society Executive Committee their nomination selections and justify that nominees meet the selection criteria. • The Brooklyn Historical Society Executive Committee affirms all recommended nominees that meet the criteria. City Council Agenda Item No. Id • 9 City of Brooklyn Center A Millennium Community COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services DATE: January 6, 2009 SUBJECT: Resolution Expressing Appreciation for the Donations of the Brooklyn Center Lions Club in Support of the 2009 & 2010 Safety Camp Programs, 2009 Earle Brown Days Parade, 2009 Earle Brown Days Senior Golf Tournament, 2009 Entertainment in the Park Program, 98"' Birthday 'Celebration and the 2009 Holly Sunday Activities • Recommendation: Staff recommends acceptance of these donations, and asks that they be coded to the corresponding activity budgets. Background: The Brooklyn Center Lions Club has presented to the City donations of three thousand dollars, ($3,000.00) one thousand dollars, ($1,000.00) one thousand dollars, ($1,000.00) three hundred dollars, ($300.00) two hundred fifty dollars, ($250.00) one hundred dollars, ($100.00) and one hundred dollars. ($100.00) They have designated that they be used to support the Earle Brown Days Parade, Holly Sunday Activities, Entertainment in the Park Program, Earle Brown Days Senior Golf Tournament, 98"' Birthday Celebration and annual 2009 and 2010 Safety Camp programs respectively. As these activities are funded largely through contributions, these donations will allow for the continuation of these important events and programs. Budget Issues: None noted 0 cc: Fiscal & Support Services 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3494 www.cityofbrooklyncenter.org Recreation and Community Center Phone & TDD Number (763) 569-3400 FAX (763) 569-3434 Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATIONS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE 2009 AND 2010 SAFETY CAMP PROGRAMS, 2009 EARLE BROWN DAYS PARADE, 2009 EARLE BROWN DAYS SENIOR GOLF TOURNAMENT, 2009 ENTERTAINMENT IN THE PARK PROGRAM, 98TH BIRTHDAY CELEBRATION, AND THE 2009 HOLLY SUNDAY ACTIVITIES WHEREAS, the Brooklyn Center Lions Club has presented to the City • donations of three thousand dollars ($3,000), one thousand dollars, ($1,000), one thousand dollars ($1,000), three hundred dollars ($300), two hundred fifty dollars ($250), one hundred dollars, ($100), and one hundred dollars. ($100). They have designated that they be used to support the Earle Brown Days Parade, Holly Sunday Activities, Entertainment in the Park Program, Earle Brown Days Senior Golf Tournament, 98th Birthday Celebration, and annual 2009 and 2010 Safety Camp programs respectively; and WHEREAS, the City Council is appreciative of these donations and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donations with gratitude. 2. Appropriates the donations to the corresponding activity budgets. Januarv 12, 2009 Date ATTEST: City Clerk Mayor 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 • 0 3 City of Brooklyn Center City Council Agenda Item Memorandum TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Servic, DATE: 6 December 2009 SUB]ECT: Increase in Franchise Fees from Xcel Energy and CenterPoint Energy Recommendation: It is recommended that the City Council adopt ordinance amendments raising franchise fees following a second reading of the ordinance amendment. Background: At a regular meeting on 24 November 2008 the City Council adopted the first • reading of amendments to Ordinances 2003-22 and 2003-23 establishing franchise fees with the two large non-municipal utility companies in Brooklyn Center; Xcel Energy (electricity) and CenterPoint Energy (natural gas). These fees are, in each case, a fee charged to the respective utility companies for the use of public rights-of-way and other public grounds in the delivery of services to their customers. The companies are allowed as a condition of the agreement to show these fees as a surcharge on the billings to individual customers. The first fees were charged in January of 2004. The respective utility companies have submitted payments of these franchise fees on a quarterly basis over the past four years. The franchise fee charges have remained the same since the inception of the fee. Since 2004 the franchise fees have generated total revenue of $ 2,591,722. These funds have all been credited to the Street Reconstruction Fund, which is used to fund non-assessable portions of street reconstruction projects as outlined in the Capital Improvement Plan. At current levels, the franchise fees will generates about $ 660,000 per year. The franchise fee agreements allow the City to increase the fee. For CenterPoint, there is no specification in the agreement other than that the fee cannot be increased more than once annually. The Xcel agreement is quite different. It indicates that one fee increase of no more than 3% can occur . between January 31, 2007 and January 31, 2010. After January 31, 2010 there can be one fee increase of no more than 3% every three years for the duration of the franchise agreement. • • The increased franchise fees allowed by adoption of the ordinance amendment are as follows: Current Centerpoint Energy (natural qas) Monthly Fee Per Premise Fee Per Premise Residential $ 1.48 $ 1.52 Commercial A $ 1.53 $ 1.58 Commercial Industrial B $ 5.00 $ 5.15 Commercial C $ 20.00 $ 20.60 SVDF A $ 50.00 $ 51.50 SVDF B $ 96.00 $ 98.88 LVDF $ 96.00 $ 98.88 Current Xcel Energy (electricity) Monthly Fee Per Premise Fee Per Premise Residential $ 1.48 $ 1.52 Small C&I Non Demand $ 3.00 $ 3.10 Small C&I Demand $ 20.00 $ 20.60 Large C&I $ 96.00 $ 99.00 Public Street Lights, Muni Pumping $ 12.00 $ 12.40 Muni Pumping - N/D $ 12.00 $ 12.40 Muni Pumping - Dem $ 12.00 $ 12.40 Xcel Energy and CenterPoint Energy were notified of the proposed changes by certified mail. In the franchise agreements, only Xcel Energy is allowed/required to approve the changes before they take effect. Scott Johnson of Xcel Energy sent the attached e-mail to me detailing approval of the City's proposed increase. Xcel requested that the amounts be rounded to the nearest dime for their own billing purposes. In discussion on the issue, the City asked that the residential amount be left at $ 1.52 per month. Rounding the residential fee back to. $ 1.50 per month would have reduced the residential increase from 3% to about 1.50% which would, in turn reduce potential revenues from the total increase by almost 25%. However, the increased burden on the commercial/industrial customers caused by rounding those numbers results in an overall increase of commercial industrial fees of about 0.01%. Xcel agreed with our request. The numbers in the table above reflect the agreed upon modifications. Financial Impact: Each incremental step of 3% in franchise fee for 2009, 2012, 2015 and 2018 will increase the fee receipts by about $ 20,000 per year. Over the life of the • franchise agreements this will total about $ 600,000 in additional revenue for the Street Reconstruction Fund. Dan Jordet 0 o om: Johnson, Scott D [scott.d.johnson@xcelenergy.com] nt: Monday, January 05, 2009 10:56 AM Dan Jordet Subject: RE: Franchise Fee Increase Xcel Energy agrees with the Ordinance No 2003-22 with the following changes:. Class Residential Sm C & I - Non-Dem Sm C & I - Demand Large C&I Public Street Ltg Muni Pumping - N/D Muni Pumping - Dem Fee Per Premise $ 1.52 per month $ 3.10 per month $ 20.60 per month $ 99.00 per month $ 12.40 per month $ 12.40 per month $ 12.40 per month Thanks, Please send me the executed copy of the Ordinance when executed by the mayor for our records and billing changes. *Cott Johnson Manager, Community & Local Gov't Relations Xcel Energy 8701 Monticello Lane Maple Grove, MN 55369 Phone: 763-493-1631 Cell: 612-750-8557 Fax: 612-573-9171 From: Dan Jordet [mailto:DJordet@ci.brooklyn-center.mn.us] Sent: Friday, December 05, 2008 2:01 PM To: Johnson, Scott D Subject: Franchise Fee Increase Dear Mr. Johnson:: hanks for your call this morning. Attached is the ordinance amendment that has been proposed qWng with the memorandum that was sent to the City Council with the amendment. Ordinance 2003-22 (attached) indicates in Section 1, Subd.8 that the Council shall give at least 60 days written notice prior to the proposed change. This was notification was accomplished with our tter of 29 October 2008 to the General Counsel of the company. The first reading of the proposed inance change took place on November 10, 2008. The second reading an proposal for adoption will take place on Monday, January 12, 2009 at 7:00 PM in the City Council Chambers at City Hall. We are proposing an effective date of March 1, 2009. If you or your staff have additional questions or concerns please feel free to contact me directly. Thank you again for facilitating this process. Sincerely, Daniel Jordet Director of Fiscal & Support Services City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430-2199 (763) 569-3345 0 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12th day of January 2009, at 7 • p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment of Ordinance No 2003-22. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN AMMENDMENT OF ORDINANCE NO. 2003-22, EXHIBIT A; XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE THE CITY COUNCIL OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA, DOES ORDAIN AS FOLLOWS Section 1: Exhibit A of Ordinance No. 2003-22 setting the rates for a franchise fee on Xcel Energy for providing electric service within the City of Brooklyn Center is hereby amended as follows: EXHIBIT A XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE 0 Class Residential Sm C & I - Non-Derr Sm C & I - Demand Large C & I Public Street Ltg Muni Pumping - N/D Muni Pumping - Dem Fee Per Premise $ 1.52 per month $ 3.10 per month $ 20.60 per month $ 99.00 per month $ 12.40 per month $ 12.40 per month $ 12.40 per month Section 2: This ordinance amendment shall become effective for service billings by Xcel Energy prepared after March 31, 2009. Adopted this ATTEST: Date of Publication i Effective Date day of .2009. Mayor City Clerk ( keeut indicates matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12'h day of January, 2009, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment of Ordinance No. 2003-23. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. - AN AMENDMENT OF ORDINANCE NO. 2003-23, EXHIBIT A; CENTERPOINT ENERGY MINNEGASCO'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER FEE SCHEDULE THE CITY COUNCIL OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA, DOES ORDAIN AS FOLLOWS Section l: Exhibit A of Ordinance No. 2003-23 setting the rates for a franchise fee on CenterPoint Energy for providing natural gas service within the City of Brooklyn Center is hereby amended as follows: EXHIBIT A CENTERPOINT ENERGY GAS FRANCHISE FEE SCHEDULE • Class Residential Commercial A Commercial Industrial B Commercial C SVDF A SVDF B LVDF Fee Per Premise $ 1.52 per month $ 1.5 8 per month $ 5.15 per month $ 20.60 per month $ 51.50 per month $ 98.88 per month $ 98.88 per month Ssection 2: This ordinance amendment shall become effective for service billings by CenterPoint Energy prepared after March 31, 2009. Adopted this ATTEST: Date of Publication • Effective Date day of .2009. Mayor City Clerk (C*r-iR indicates matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 8b • 0 COUNCIL ITEM- MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 7, 2009 SUBJECT: An Ordinance Amending Chapter 5 of the City Code of Ordinances Regarding the Fire Department and Fire Prevention Recommendation: It is recommended that the City Council consider adoption of An Ordinance Amending Chapter 5 of the City Code of Ordinances Regarding the Fire Department and Fire Prevention. Background: At its November 24, 2008, meeting, the Brooklyn Center City Council approved first reading of An Ordinance Amending Chapter 5 of the City Code of Ordinances Regarding the Fire Department and Fire Prevention. The second reading and Public Hearing are scheduled for January 12, 2009. Notice of Public . Hearing was published in the Brooklyn Center Sun-Post newspaper on December 4, 2008. If adopted, effective date will be February 21, 2009. The Fire Chief's memorandum that was included in the November 24, 2008, agenda packet is attached for reference. Budget Issues: There are no budget issues to consider. 0 0 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Lee Gatlin, Fire Chief DATE: November 10, 2008 SUBJECT: Revision of Chapter 5 Recommendation: I recommend that the City Council consider approving a first reading and setting public hearing for the approval/adoption of the following changes to Chapter 5 in the City Ordinance for the Brooklyn Center Fire Department. Background: Chapter 5 is the city ordinance that describes the administration of the Fire Department. There • are sections within Chapter 5 that are (1) in conflict with the fire department's own rules and regulations, (2) are no longer appropriate to have, (3) need to be revised and/or removed. The most significant proposed changes are broken down into the following categories: Administration of Fire Department Personnel, Adoption of International Fire Code, and Outdoor Recreational Fires. Some miscellaneous amendments will also be outlined. ADMINISTRATION OF FIRE DEPARTMENT PERSONNEL (Sections 5-100 through 5-110) These sections primarily relate to the administration of personnel in the fire department. I am proposing that these sections be revised. The current ordinance presents too much detail and is a duplication of department policy. Any changes to department rules reflected in this ordinance could result in the lengthy process of an ordinance change. In some instances, the current ordinance may present some legal issues; i.e. Section 5-102 (d) Retirement, requires firefighters to retire at age 60. Section 5-102 (f) Fire Chief, refers to Section 17-104 of the City Ordinances, which presently does not exist. All members of the fire department are considered employees of the City of Brooklyn Center and as such are required to comply with the City's personnel policies. The fire department does maintain Rules and Regulations that cover the more specific requirements of the fire department and its' personnel. The Rules and Regulations are created with input from the members of the 0 department. • ADOPTION OF INTERNATIONAL FIRE CODE (Section 5-200 - Adoption of Fire Prevention Code) The fire department is requesting that the City of Brooklyn Center adopt the International Fire Code. Any reference in the current ordinance that refers to the Uniform Fire Code has been replaced with the International Fire Code. OUTDOOR RECREATIONAL OR COOKING FIRES (Section 5-203 - New Materials, Processes or Occupancies Which May Require Permits) Many changes are being requested to the provision that allows for outdoor recreational or cooking fires. The intent of the changes is to allow for outdoor recreational fires and try to reduce the conditions that create neighbor complaints. There is no perfect solution to keep everyone happy. The changes that are being proposed will provide the fire department and law enforcement better enforcement capabilities. The fire department is requesting that the City no longer require permits for recreational fires and to not limit the number of fires to four per month. It also does not require a resident to notify the police department prior to burning. The permit was used as a mechanism to deliver the rules for having recreational fires. There is no standard that needs to be met to obtain a permit for recreational fire; and, in fact, they are easily downloaded at any time from the City's website. In • order to enforce a violation of the four fires per month rule, the City would need to track each time someone has a fire and maintain a log. The statement that wood must have been dried or cured for one year is not enforceable and the fire department is requesting that it be removed. No changes are requested to the part of the ordinance that requires only clean dry wood to be burned. At no time may leaves, trash, treated/painted wood or any other materials be burned. These materials generate smoke problems. The fire department is requesting to add two provisions to the existing ordinance. One provision prohibits burning when prevailing wind conditions are 10 mph or greater or in the event that smoke is being directed at nearby residences. The second provision prohibits recreational fires when the Minnesota Department of Natural Resources has officially declared a "burning ban" due to potential fire conditions or when the Minnesota Pollution Control Agency has declared an air quality alert. A time limit that permits fires between the hours of 8:00 a.m. and midnight allows for greater enforcement. The current ordinance prohibits a fire from exceeding six hours during 24 hours but this is not enforceable from a law enforcement standpoint. The fire department is requesting that a provision be added that allows for a fire to be ordered extinguished when it causes undue hardship on neighboring residences. 0 0 MISCELLANEOUS Many of the existing provisions of this ordinance have been renumbered. There were several minor grammatical modifications that have been made. Budget Issues: There are no budget issues to consider. • 0 • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12th day of January 2009 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 5 of the City Code of Ordinances Regarding the Fire Department and Fire Prevention. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE OF ORDINANCES REGARDING THE FIRE DEPARTMENT AND FIRE PREVENTION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 5 of the Brooklyn Center City Code of Ordinances is amended as follows: . CHAPTER 5 - FIRE DEPARTMENT AND FIRE PREVENTION Section 5-100. PURPOSE. It is the purpose of this ordinance to provide for and maintain a volunteer fire department comprised of part-time members and full-time members as authorized by the City Council. Section 5-101. ESTABLISHMENT AND CONTINUATION. Pursuant to the charter of the City of Brooklyn Center, in order to prevent and suppress fires, to protect lives and property within the City, and to promote the health, safety and welfare of its citizens, the City Council of the City of Brooklyn Center hereby continues and establishes a department of City government known as the Brooklyn Center volunteer fire department. Presezrtly e~Eis a g n+m°r+s of att fire r per-some! shall r-emain in full foree and effec+ 2. C;.tnCSat,re.. The te...., t:.eC C,..,, a ~ the eYaw _ L-. =..5..sautavui and approved by the eity manager. An°T.:::.~-= it Alrxaerr firefighters ht iziusc + be rv14 ld . _ - --year ro~- age or • 6 YAM s VR. • ORDINANC- No'` E-. i ORRIS,ks ~O a~ w _ Z. 7i v e • QRDANCE NO. r• r ~eHE3~#~ki3~ a1FMTVVr. ~ ~,„~.~y~!] y~•~}~ sL_.. i-114A ~ n .t ~M • ...~[1Ji.ilTllli+}~^J ^~1 '_~''•__J 'R1L R"ll`. `r 4 n Z. 3' 1 it I t O I ull 4 l S } t SE (V I-,; 1 i C7 r to • s -Tel (PI X i W • ORDINANCE Nv~ iliFilt Sill J~ r.rI AV b. ORDINANCE NO. See fie C 14-0, APPEAL -PROC . TT rn r V Any fi -e fighte, not dsehar-g. 1Z1 , level, this level, the fifefighter- may then appeal te the eity maaageF for- dispesition. Failing at t the fir-efighter- may present the gFievanese te the Publie Employment Relations Board pufse r+t te state law-. it is the Polio)' of the City of Bfeek4yn Center- and the Br-eeWya Gentef fire depaftmeni to d pr-8 1y and fair-;y uf~r-crrrpie t ;,A, ith the fife the fife .,..,rte ~.n., „n depahmet ,ton and r-egtgatieas. Section 5-102. FIRE CHIEF: DUTIES. The Chief is the executive head of the Fire Department and serves as Fire Marshal for the citv. The Chief is appointed by the Citv Manager. The Fire Chief is also the head of the Bureau of Fire Prevention of the citv and has full authoritv to execute all laws, ordinances and rules relating to fire Drevention, fire fighting and the Fire Department of the city. The Chief is responsible for the training and discipline of members of the department and for the organization thereof as an effective firefighting unit: the Chief keeps records of all fires and EMS calls. The Chief is responsible for compliance by the Fire Department and members thereof with all the laws. ordinances and rules established by the Citv Council and for directions received from the Citv Manager relating to the Fire Department. Section 5-103. APPOINTMENT OF ASSISTANT/DISTRICT FIRE CHIEFS. The positions of Assistant/District Fire Chiefs are appointed by the Fire Chief and approved by the Citv Manager. Section 5-104. FIRE MARSHAL. The office of the Fire Marshal is held by the Fire Chief. The Fire Chief may appoint investigators/inspectors to assist and carrv out the functions or responsibilities of the position under the direction of the Fire Marshal. The Fire Marshal is charged with the enforcement of all ordinances aimed at fire prevention and has full authoritv to inspect all premises and cause the removal or abatement of all fire and life safetv hazards. Section 5-105. DISCIPLINE. The Fire Chief shall have the authority to suspend/terminate anv member for refusal to obev orders or for neglect in the member's duties as outlined in the fire department rules and regulations or for cause. Terminations shall be made with the approval of the Citv Manager. Section 5-106. AUTHORITY OF ASSISTANT/DEPUTY FIRE CHIEFS. In the absence or disabilitv of the Fire Chief, the Senior Assistant/District Fire Chief must perform all the functions and exercise all of the authoritv of the Fire Chief. Section 5-107 OUALIFICATIONS OF PERSONNEL. Each firefighter must be not less than 18 vears of age and live within 4-6 minutes from the fire stations. Thev become members of the Fire Department onlv after a one vear mobationarv period and meeting Fire Department reauirements. Each candidate, before becoming a reserved firefighter, must complete and pass a psvcholoeical exam, abilitv test, phvsical examination, and criminal background check. All firefighters are selected by the Board of Officers with approval by the Fire Chief. ORDINANCE NO. Section 5 111- 108. REGULATIONS GOVERNING CONDUCT AT THE SCENE OF A FIRE EMERGENCY. a. Traffic: No person shall drive any vehicle over an unprotected fire hose except at the direction or command of a police officer or member of the fire department. Upon the approach of any fire department vehicle giving signal by bell, siren, horn, or flashing emergency lights, the driver of every other nonemergency vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb of the street, clear of any intersection, and shall stop and remain in such position unless otherwise directed by a police officer or a member of the fire department, and until the fire department vehicles have passed. It shall be unlawful for the driver of any nonemergency vehicle to follow closer than 500 feet to any fire apparatus traveling in response to a fire alarm, and it shall be unlawful to drive into or park such nonemergency vehicle within the block in which such fire apparatus has stopped in answer to a fire alarm, unless permitted or directed to do so by a police officer or member of the fire department. b. Spectators at Emerizencv Scene: The officer of the fire department in command at the scene of any fire or other emergency shall have the authority to establish an emergency zone within which no person except members of the fire department, police department, or authorized members of the emergency preparedness department shall enter, unless directed or permitted to do so by such officer in command. No unauthorized person shall enter upon the premises which is the scene of a fire or . alarm of fire, or other emergency, unless and until directed or permitted to do so by the fire department officer in command. C. Removal of Pronertv Endangered by Fire: The fire department officer in command at any fire or other emergency shall have power to cause the removal of any property, whenever it shall become necessary for the preservation of such property from fire, or to prevent the spreading of fire, or to protect adjoining property, and to that end he may enter or authorize any member of the fire department to enter any premises for the purpose of carrying out the intent of this subdivision. d. Police Powers of Fire Department Personnel: At all times when the fire department is engaged in traveling to a fire or to the scene of an alarm of fire, or is present at a fire, or the scene of an alarm of fire, or other emergency, all officers of the fire department shall be vested with police powers and authority to enforce the provisions of this ordinance and t make for- t elatie" the eef. The fire department officer in command at the scene of a fire or a rescue emergency shall have the authority to direct the operations of all police and emergency preparedness personnel present at the scene. The fire chief or the fire chiefs designated representative is hereby vested with all police powers necessary to investigate the cause, origin and circumstances of any fire, or alarm of fire, or other emergency requiring the attention of the fire department. ORDINANCE NO. Section 544-2 109 TAMPERING WITH FIRE ALARM SYSTEM AND ISSUING FALSE ALARMS. It shall be unlawful for any person to tamper with or in any way interfere with any element of any fire alarm system within the City. It shall be likewise unlawful for any person to issue, or cause to be issued, an alarm of fire or other emergency condition when no fire or emergency condition exists. Section 5-44-3 110. OBSTRUCTION OF FIRE HYDRANTS. No person shall park any vehicle in such a way as to obstruct a fire hydrant. The stopping or parking of a vehicle within 20 feet of a fire hydrant shall be deemed an unlawful obstruction of such hydrant. Section 5444 111. PENALTIES. Any person violating the provisions of Section 5-444- 108 through 544-3 110 of this ordinance shall, upon conviction thereof, be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Section 5-2-4 200. ADOPTION OF FIRE PREVENTION CODE. a. Pumose and Intent of Fire Regulations: It is the purpose and intent of the fire regulations to promote high standards of quality in the construction and maintenance of buildings, to improve the tax base with well constructed and well maintained buildings, and to enhance the value and condition of property within the City of Brooklyn Center. It is not the intent of these fire regulations to provide compensation to victims of fire, to guarantee absolute compliance with all fire regulations, or to • indemnify owners of private property against loss occasioned by their failure to comply with fire regulations. b. Adoption of Codes and Standards: There is adopted and incorporated herein by reference as an ordinance of the City: 1. Unifer-in -International Fire Code Adopted. The Uai€eFm International Fire Code as promulgated by the International GeRfer-enee of Building Offiei is an a Western Fir Chiefs' ^ sseei tie (1997 Code Council incomorated 2006 Edition)- together with Appendices 1 ^,1 B-1 G,--n A, 11 B, 11 D, M A, M B, TTT ( !V A rv u V! Vr 1? V B. C. D, E. F. G. and Minnesota State Fire Code Rules and Amendments ~ a Rules aA 7510.3510 di,-,e ugh 7510.3710 is referred to as the 2007 Minnesota State Fire Code, hereby adepted by r-efer-enee and r y Gede in whole as if herein se4 out i is here referred to as the UFG eed 9-97-Editio IFC. `rricnco ct crn-vixrroizxrrrcc Code is silent e > > > in aeeordanee with National Fire Gode 1-0,197 Staadar-ds Number-ed 3, '.-;-A-, 13n !;R, 14, 20, 74-,72A, 72B, 722, 722, 7?£ 72F, 74, 96, 10--' 231, 2' ~e Drotee4 ^ful a-xrt i i v c. v r- -231D, aed 231E and weir-apFeadiees, issued-by- tht;roZi • ORDINANCE NO. • rrnJO9£-i-alfAi (Q y, M 1uSc# , 1997) • h ih adopted by r°f "o^^o r Codes on file: The fire chief shall file one (1) copy of the .vua~ava. rr•~u ~iav v..a..w vi ~-i --r~ r the National Fire Cede r-efeFFed to in seetien two (2) of this seetion, marked tt International Fire Code in his/her office and a cony of the State of Minnesota Appendices and Amendments.. and the -e Copies shall be kept available for public inspection. d. Definitions: Whenever the word "jurisdiction" is used in the U-FG IFC it shall mean the City of Brooklyn Center. 2. Whenever the term "corporate counsel" is used in the UFC IFC, it shall mean the attorney for the City of Brooklyn Center. Whenever the term "chief' is used in the UFG IFC, it shall mean the chief of the Brooklyn Center fire department or his designated representative. Section 5-282 201. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION. 1. The fire prevention code shall be enforced by the bureau of fire prevention in the fire department of the City of Brooklyn Center, which is hereby established and which shall be operated under the supervision of the chief of the fire department. 2. The fire chief or the fire chief s designated representative shall be in charge of the bureau of fire prevention. Section 5483 202. MODIFICATIONS. The fire chief shall have power to modify any of the provisions of the fire prevention code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the fire chief thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. Section 5-204 203. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The city manager, community development director of plafffling and innpeet, building official, fire inspector, and the chief of the fire department shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said code. The fire chief shall post such list in a conspicuous place, upon approval or denial by the committee, and distribute copies thereof to interested persons. ORDINANCE NO. • a. Appeal: Whenever the committee shall disapprove an application or refuse to grant the permit applied for, or when it is claimed that the provisions of the Un&1qn International Fire Code do not apply, or that the true intent and meaning of the Code has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the committee to the City Council, within thirty (30) days of the date of the decision. b. Permit Fees: The fees for any permit required by this ordinance and for each annual renewal thereof, shall be established by resolution by the City Council of Brooklyn Center. All permits, unless otherwise noted, shall expire one year from the date of issuance. C. Amendments to the UFG IFC: 1. If doors in fire corridors, separation walls, fire doors, or smoke barrier doors are needed to be kept open, they shall be held open by electric magnetic door holders that are controlled and released by the trip of a smoke detector or sprinkler head that covers the entire building. The approval of the fire chief is needed for this modification to a building. d. Minimum Standards: Whenever the UFG IFC fails to be specific about a device or appliance, it shall have a minimum standard of being UL "Underwriter Laboratory" approved. e. Fires and Barbecues on Balconies or Patios: In any structure containing three or more dwelling units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within fifteen (15) feet of the structure. 1. Fuel Storage Prohibited: No person shall store or use any fuel, liquid or compressed gas, barbecue, torch, or other similar heating or lighting chemical or device in the locations designated in subsection (e). 2. Exception: Listed electric or gas-fired barbecue grills that, are permanently mounted, wired, or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of 18 inches on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the fire chief. f. Fire Alarm Svstems and Smoke Detectors: 1. Standards for installation, inspection and maintenance of the fire alarm system shall be according to standards in NFmG IFC. 2. Whoever shall render a smoke detector or fire alarm system inoperable by removing the battery or disconnecting or dismantling the detector, or fire alarm • system, in any rental, commercial or business unit, is guilty of a misdemeanor. ORDINANCE NO. 3. All battery-operated smoke detectors shall be removed from all rental units and replaced with smoke detectors hard wired into the units' 110 volt electrical system by December 31, 1993. g. Incident Control Costs: Every person, firm, or corporation that is not a resident of the City or the owner of real property in the City subject to real property taxes, shall be liable for all incidents or preventing the spread, or extinguishing any fire caused by or resulting from his, her, or its acts, negligence, or omissions. The fire chief shall keep a record of the cost, including work done by firefighters and other City employees and equipment. The fire chief shall then bill the person, firm, or corporation liable for the fire. No license of any person, firm, or corporation liable for the expenses incurred in fire control as provided above shall be renewed if the licensee is default in payment of any bill hereunder. h. Intemretation and Conflict with the Minnesota State Building Code: In the event of a conflict between the provisions of the UFC- IFC or the NFIG Minnesota State Building Code and the provisions of this ordinance, the more stringent provisions shall apply, provided, however, that no provision of this ordinance shall be interpreted to exceed the requirement of the Minnesota State Building Code as adopted by the ordinance of the City of Brooklyn Center. i. Onen Burning: • 1. Except as authorized in this section, open burning of any material is prohibited. This prohibition does not apply to burning conducted by governmental authorities whie who have secured permission from the fire chief or to outdoor cooking using only propane or charcoal. 2. Outdoor recreational or cooking fires may be permitted subject to the following requirements: u F_ (-as defined in S 6 35 900 f hi h i it h b d f ee ea ) ar- w e a pe m as een seetffe ie Pet:mits shall be is u d f - l d r- e f d l it h 4l b s e or a ea ea a y a an on y one pefm s a e this seetio a d an diti o - t i ti i s d b th fi hi f n n y een e ns r- r es f e ons mpo e y e re e e ,--a ea4en w fft b a. All fires must be in an approved outdoor fireplace or a pit which is at least one (1) foot below grade. A pit must be located at least fifteen (15) feet from buildings, fences, property lines or flammable materials. Pits may be no more than three (3) feet in diameter, and the outside edge shall be ringed ORDINANCE NO. . with brick or rock. Commercially manufactured steel outdoor fire pits may be used provided they are not more than three (3) feet in diameter. e b. Only clean dry wood may be burned. Woo -f ,s+ have been aria ° r°d for- ene- (1) year- teeted d snow-. No leaves, trash, treated or painted wood, or any other materials may be burned. All burning material must be contained in the pit at all times. d c. Fires shall be so managed and maintained that fires do not exceed three (3) feet above the fire pit, and persons are able to stand within four (4) feet of the fire. e d. The fire shall be attended by an adult at all times and must be extinguished when unattended. An adequate source of water must be available at the pit for extinguishing the fire. must ti e aeti ,d A fife may b 11 a + ti,,,,.,, F fer- more than (6) 1, L,. y i 11V e. Prevailing wind conditions shall be less than 10 miles oer hour and shall • not direct smoke toward other nearbv residences. f . Outdoor recreational fires are permitted between the hours of 8:00 a.m. and midnight. All fires must be completely extinguished by midnight. g . No recreational fire shall be permitted when the citv or Minnesota Department of Natural Resources has officially declared a "burning ban" due to potential fire conditions. or when the Minnesota Pollution Control Agency has declared an air aualitv alert. h. The fire chief is authorized to require that recreational fires be immediately extinguished if it is determined by the ehief or the _hief s designated ag law enforcement or the fire department that the fire constitutes a dangerous condition, or causes undue hardship on neighboring residences if the fire is 6t111g pefmit4ed or- in violation of pefffiit eenditi Failure to comply with any provision of this Chapter, wM the eendi ens a permit, or with an order of the vhuil ~ vlr the ehief-s designated l+ law the _ enforcement or the fire department is a violation of this section and subiect to a fine. Section 5-2-8-5 204. RIGHT OF INSPECTION. The chief of the Brooklyn Center fire department or any member of the fire department designated by the fire chief as an inspector may, at reasonable hours, enter any building or premises for the purpose of making any inspection which the fire chief deems necessary to be made. ORDINANCE NO. • Section 5-206 205. INSPECTOR'S DUTIES. Whenever any such officer or inspector shall find in any building or upon any premises or other place: a. Combustible or explosive matter or dangerous accumulation of rubbish or unnecessary accumulation of waste paper, boxes, shavings or any highly flammable materials, and so situated as to endanger property, or b. shall find obstructions from any source whatsoever, including materials, articles or merchandise, to or on fire escapes, stairs, corridors, or doors, liable to interfere with the operation of the fire department, or egress of occupants, in case of fire, or c. shall find any condition on said premises which is so likely to cause fire as thereby to seriously endanger property or human life, or d. shall find at any premises a violation of any ordinance of this City or law of the State of Minnesota the continuing violation of which creates a fire hazard, then such officer or inspector shall order the same to be removed or the condition remedied. Section 5-297 206. DUTY TO CORRECT HAZARDOUS CONDITIONS. Such order shall forthwith be complied with by the owner or occupant of such premises or buildings, subject to appeal within twenty-four hours to the City Council of the City of Brooklyn Center, who shall within 15 days review such order and file its decision thereon, and unless the order is revoked or modified it shall remain in full force and be obeyed by such owner or occupant. Any owner or occupant failing to comply with such order within 10 days after said appeal shall have been determined, or if no appeal is taken, then within 10 days after the service of the said order, shall be liable to a penalty as hereinafter provided. Section 5-208 207. SERVICE OF INSPECTOR'S ORDER. The service of any such order shall be made upon the occupant of the premises to whom it is directed by either delivering a true copy of same to such occupant personally or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises by affixing a copy thereof in a conspicuous place on the door to the entrance of the said premises. Whenever it may be necessary to serve such an order upon the owner of the premises, such order may be served either by delivering to and leaving with the said person a true copy of said order, or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's last known post office address. Section 5-209 208. NOTICE OF HAZARDOUS CONDITION POSTED ON BUILDINGS. Whenever any building of a public nature, or which is used for commercial purposes, or for any other purpose other than a private or two-family dwelling, is found to be unsafe for any reason set out in Section 5406 205. and the hazard ther-efrem thereof is so imminent as to place human life in immediate jeopardy, the inspecting officer shall post or place at the principal entrance of such structure a notice stating that it is in a dangerous condition; and it shall be unlawful for any person to remove such notice without his written permission. 0 ORDINANCE NO. • If the owner or person in charge of such building or structure; when notified, shall fail to place the same in a safe condition or to adopt such emergency measures as shall have been directed within the time specified, it shall be unlawful for any person, firm or corporation to occupy or use said building or structure until it has been rendered safe. Section 5-24-0 209. WATER OUTLETS REQUIRED. On all commercial, industrial and other nonresidential construction which is supplied with an adequate well there shall be provided a four inch outside water fitting with frost-free valve so located as to be easily accessible for connection to firefighting equipment near to an alley or road. It shall be so constructed that it can be easily operated from the outside at all times. Section 5-244- 210. PENALTY. Any person violating any provision of this ordinance shall, upon conviction, be punished by a fine not exceeding one thousand dollars ($1,000) or imprisonment not exceeding ninety (90) days or both, together with the costs of prosecution. The hazardous condition that invoked the penalty shall be remedied within a reasonable specified time; failure to do so shall constitute a separate offense. ESTABLISHING FIRE PREVENTION PROVISIONS IN INDUSTRIAL. COMMERCIAL. AND RESIDENTIAL DISTRICTS Section 54" 300. FIRE PREVENTION POLICY STATEMENT. It is declared to be the policy of the City of Brooklyn Center to vigorously promote the safety and welfare of its • citizens. In this context, the traditional approach to fire servicC suppressing fires.once ignited, rescuing survivors, and too frequently exposing fig firefighters to physical danger and death, all at a disproportionately high community investment of resources in manpower and equipment is declared unacceptable for Brooklyn Center. Rather, it is the fire safety policy of the City of Brooklyn Center to efficiently utilize its resources and maximize life, safety, and citizen welfare by requiring that fire prevention and extinguishing systems be built into certain new structures. Thus, the effectiveness of the Brooklyn Center volunteer fire department is enhanced and extended at a lower cost to the citizenry, life safety is allocated a priority at least as great as property protection, and the owner cost of built-in fire protection is partially or wholly repaid in savings on initial construction costs and annual fire insurance premiums. Section 5-M2 301. FIRE EXTINGUISHING SYSTEMS REQUIRED. Every story, basement, or cellar in every building hereafter erected in the I-1 (Industrial Park), I-2 (General Industry), Cl (Service Office), CIA (Service/Office), and C2 (Commerce) zoning districts shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions of the Sprinkler Standard, N.F.P.A. No. 13. Every story, basement, or cellar in every building exceeding three stories in height hereafter erected in any residential (R1 through R7) district shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions of the Sprinkler Standard, N.F.P.A. No. 13. The fire extinguishing system shall be connected to a central station system approved and listed by Underwriters Laboratories, Inc. and shall remain so connected and maintained during the life of the building. 0 ORDINANCE NO. . Exception: Buildings having a gross floor area less than 2,000 square feet shall not be required to install a fire extinguishing system, provided each story of the building has at least 20 square feet of opening above grade in each segment of the 50 lineal feet of exterior wall on at least one side of the building. Section 5-303 302. VARIANCES (ADJUSTMENTS). The procedure for obtaining a variance from the requirements of this ordinance shall be the same as set out in Section 35-240 of the ordinances of the City of Brooklyn Center. The board of adjustments and appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the specific property or use under consideration. The provisions of this ordinance, considered in conjunction with the unique and- distinctive circumstances related to the property or uses thereof must be the proximate cause of the hardship; circumstances caused by the property owner or the applicant or a predecessor in title shall not constitute sufficient justification to grant a variance. A variance may be granted by the City Council after demonstration by evidence that all of the following qualifications are met: A particular hardship to the owner would result if the strict letter of the regulations were carried out. 2. The conditions upon which the application for a variance is based are unique to the parcel of land or the use thereof for which the variance is sought and are not common, generally, to other property or uses thereof within the same zoning classification. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. Section 5-394 303. PENALTY. Any person violating the provisions of this ordinance shall, upon conviction, be punished by a fine not exceeding one thousand dollars ($1,000) or imprisonment not exceeding ninety (90) days or both, together with the costs of prosecution. EMPOWERING THE CHIEF OF THE FIRE DEPARTMENT, TO ESTABLISH FIRE LANES AND PRESCRIBING A PENALTY Section 5-44 400. ORDERS ESTABLISHING FIRE LANES. The bureau of fire prevention is hereby authorized to order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be interfered with, and that access to fire hydrants or buildings may not be blocked off. When a fire lane has been ordered to be established, it shall be marked by a sign bearing the words "No Parking--Fire Lane" or a similar message. When the fire lane is on a public property or a public right-of-way, the sign or signs shall be erected by the City, and when on private property, they shall be erected by the owner at his own expense within 30 days after he has been notified of the order. Thereafter, no person shall leave a vehicle unattended or otherwise occupy or obstruct the fire . lane. ORDINANCE NO. Section 5-402 401. PENALTY. Any person violating any provision of this ordinance or any order made pursuant thereto, shall be guilty of a misdemeanor and shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, with costs of prosecution in either case to be added. Each day's violation after notice thereof shall constitute a separate offense. Section 5-54 500. INSPECTIONS OF VENTILATION SYSTEMS. Cleaning. Any persons, firms, or corporations performing ventilation system cleaning in the City of Brooklyn Center shall, prior to ventilation system cleaning, at least five days in advance obtain a permit from the Bureau of Fire Prevention for each job and pay a permit fee as established by resolution by the City Council of Brooklyn Center. Upon completion of each job, said persons, companies, or corporations shall notify the Bureau of Fire Prevention of the completion of the job and prior to leaving the job site, allow for inspection of work by a member of the Bureau of Fire Prevention. Section 5-5,02 501. PROHIBITED VEHICLES. It shall be illegal to park, store, or leave unattended on any street, highway, avenue, alley or parking lot within the limits of the City of Brooklyn Center any vehicle carrying flammable or combustible liquids including, but not limited to, LP or propane, or containing explosives or blasting agents, or containing hazardous material or poisonous gases. This shall not prevent a driver from transferring the product to or from the vehicle or a necessary absence from the vehicle in connection with the driver's normal duties, nor shall it prevent stops for meals. Vehicles that have become disabled due to • mechanical failure must be removed within three hours. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2009. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeeut indicates matter to be deleted, underline indicates new matter.) 0 Council Agenda Item No• 10a City • • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 5, 2009 SUBJECT: Select Presiding Officers - Mayor Pro Tem and Acting Mayor Pro Tem Recommendation: Mayor Willson has e-mailed requesting that the City Council ratify the nomination of Kay Lasman as Mayor/President Pro Tem. Dan Ryan would serve as Acting Mayor/President Pro Tem. Background: Section 2.06 of the City Charter requires the Council to choose from its members a Mayor/President Pro Tem who shall hold office at the pleasure of the Council and shall serve as Mayor/President in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. City Council Resolution No. 92-262, Establishing and Designating an Acting President Pro Tem of the City Council, states the most senior Council member shall preside in the absence of both the Mayor and Mayor Pro Tem, and that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. Following is a list of Council members by seniority and the votes cast per member in the most recent election. i • Kay Lasman (elected November 5, 1996) • Dan Ryan (elected November 7, 2006, with 4,753 votes) • Mark Yelich (elected November 7, 2006, with 3,743 votes) • Tim Roche (elected November 4, 2008, with 5,627 votes) Attachments: City Charter Section 2.06 City Council Resolution No. 92-262 Budget Issues: There are no budget issues to consider. 0 • b. A uniform list of initial questions to be asked of all applicants shall be made available to the public and the applicants in advance of interviews. To the extent reasonably practicable, questions asked of all applicants at the interviews shall be uniform. 4. Selection Process. Upon completion of the interview process, the Council may call for a vote to appoint an applicant. Each Council member may cast only one vote for a preferred applicant on each called-for vote to appoint. No vote, which does not result in a majority vote for one candidate, shall result in elimination from consideration of any candidate. Written ballots listing the applicant(s) shall be used. Each Council member's vote shall be recorded. A simple majority of the Council votes shall appoint that applicant to the City Council. 5. If the Council pursues the appointment process but then fails to fill a vacancy within forty-five (45) days from the occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy. The special election will be held not sooner than one hundred five (105) days and not later than one hundred thirty-five (135) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held. 6. The City shall comply with the Minnesota Data Practices Act in all respects in the . collection, management, and dissemination of data on applicants for City Council vacancies. Section 2.06. THE MAYOR. The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a president pro tem who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and shall exercise all powers and perform all duties conferred and imposed upon the Mayor by this charter, the ordinances of the City, and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. The Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. In time of public danger or emergency the Mayor may, with the consent of the Council, take command of the police, maintain order and enforce the law. Section 2.07. SALARIES. The Mayor and the members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until the January 1 following the next succeeding general municipal election. The City Manager and all the subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. • City of Brooklyn Center -4- City Charter Last revised 1012012004 Member Dave Rosene introduced the following resolution • and moved its adoption: 2-262 RESOLUTION NO. 9 RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2.06 of the Brooklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tem who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tem may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS, the City Council desires to provide for an acting president pro tem who shall serve in the absence of the Mayor and president pro tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the most senior Councilmember shall • preside in the absence of both the Mayor and Mayor pro tem. BE IT FURTHER RESOLVED that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. November 23, 1992 Date Todd Paulson, Mayor ATTEST: 91 Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen , and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 0 City Council Agenda Item No. lOb • 0 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 4r DATE: January 5, 2009 SUBJECT: Resolution Declaring Commitment to the Brooklyn Center City Charter Recommendation: It is recommended that the City Council consider adoption bf Resolution Declaring Commitment to the Brooklyn Center City Charter. Background: The City Manager is directed to place this resolution for re-adoption on the agenda for the first meeting of the City Council each January as information and reminder of Council/Manager responsibilities. • Budget Issues: There are no budget issues to consider. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council/Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commissions other than advisory boards or commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and WHEREAS, the Charter provides that the City Manager shall control and direct . all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this Charter; and WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. RESOLUTION NO. NOW FORE, BE IT RESOLVED by the City Council: 1. To rededicate itself to the spirit and letter of the City Charter and to commit itself to ensuring compliance by the City Council collectively and individually with that spirit and letter of the City Charter. 2. To rededicate itself to the checks and balances of the City Charter that keep City government accountable. 3. To pledge that in its dealings with citizens and City staff, that the City Council will treat such citizens and staff with respect and courtesy. The Council shall deal with staff in accordance with the City Charter through the City Manager. 4. To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner for the good of the whole City and without regard for personal gain or interests. 5. To direct the City Manager to place this resolution for re-adoption on the agenda for the first meeting of the City Council each January hereafter, as • information and reminder of Council/Manager responsibilities. Januarv 12. 2009 Date ATTEST: City Clerk Mayor 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. 0 City Council Agenda item No. lOc • 0 COUNCIL ITEM MEMORANDUM 0 • • TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 5, 2009 SUBJECT: Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City RepresentativesNoting Delegates for Other Organizations for 2009 Recommendation: Mayor Willson e-mailed requesting that the City Council ratify the following appointments for 2009: Commission/Organization Financial Commission Housing Commission Park and Recreation Commission Crime Prevention Program NW Suburbs Cable Communications Commission Brooklyn Center Special Events Committee Earle Brown Days Committee North Hennepin Area Chamber of Commerce Metro Cities* League of Minnesota Cities Council Member Dan Ryan Tim Roche Mark Yelich *Association of Metropolitan Municipalities Background: Kay Lasman Tim Roche Kay Lasman Tim Roche Kay Lasman Tim Willson; Mark Yelich - Alternate Tim Willson; Dan Ryan -Alternate At the first meeting of the year the Mayor appoints City Council Members to serve as Council Liaisons to City Advisory Commissions and as Council representatives or voting delegates/alternates for boards, committees, or organizations in which the City participates. In 2008, Council Members were appointed as follows: Commission/Organization Financial Commission Housing Commission Park and Recreation Commission Crime Prevention Program NW Suburbs Cable Communications Commission Brooklyn Center Special Events Committee Earle Brown Days Committee North Hennepin Area Chamber of Commerce Association of Metropolitan Municipalities League of Minnesota Cities Council Member Dan Ryan Mary O'Connor Mark Yelich Kay Lasman Mary O'Connor Kay Lasman Mary O'Connor Kay Lasman Tim Willson; Mark Yelich - Alternate Tim Willson; Dan Ryan - Alternate Budget Issues: There are no budget issues to consider. City Council Agenda Item No. lOd • 0 • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk J)"~ W'.'t' DATE: January 6, 2009 SUBJECT: Consideration of Liquor License for San Antonio Grill, 2101 Freeway Boulevard -Resolution Relating to the Application for an Intoxicating Liquor License from San Antonio of Brooklyn Center LLC Recommendation: It is recommended that the City Council open the hearing to receive staff report and applicant testimony, then close the hearing, and then take action on liquor license application. A resolution has been prepared with findings of fact and order should the Council choose to deny the license. Background: This item was tabled at the December 8, 2008, meeting at the request of the applicant late in the afternoon on December 8th. The applicant indicated he needed more time to provide testimony. . City Attorney Charlie LeFevere drafted a letter to inform applicant of the new date and time for the hearing (see attached). On October 7, 2008, San Antonio of Brooklyn Center LLC submitted an application for on-sale intoxicating liquor license for San Antonio Grill, 2101 Freeway Boulevard. A background investigation was conducted by the Police Department to verify the information in the application. Attached is a written recommendation from Police Chief Bechthold to deny the license (NOTE: the memorandum is not nublic data and attached for Council Members onlv.) City Attorney Charlie LeFevere drafted a letter to Mr. Bo Raymond Jordan Bogotty, San Antonio of Brooklyn Center LLC, informing that the City Council would meet on December 8th to discuss the matter and inviting Mr. Bogotty to address the Council if he wished (see attached letter from Mr. LeFevere). Budget Issues: There are no budget issues to consider. 40 • Member moved its adoption: introduced the following resolution and RESOLUTION NO. RESOLUTION RELATING TO THE APPLICATION FOR AN INTOXICATING LIQUOR LICENSE FROM SAN ANTONIO OF BROOKLYN CENTER LLC 0 WHEREAS, the City has received an application for an on-sale intoxicating liquor license from Brooklyn Center LLC (hereinafter "Applicant") for the business premises located at 2101 Freeway Boulevard in the City of Brooklyn Center, Minnesota; and WHEREAS, upon due notice to the Applicant, the City Council held a hearing on January 12, 2009, on the question whether to grant an on-sale intoxicating liquor license to the Applicant, at which hearing the Applicant was given an opportunity to appear and present testimony and evidence. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that, after due consideration of the evidence presented at the hearing, the Council makes the following FINDINGS OF FACT and ORDER: FINDINGS OF FACT Brooklyn Center Code, Section 11-111, Subdivision 1 provides that no person shall make a false statement in an application. 2. Brooklyn Center Code, Section 11-116, paragraph 4 provides that a corporation is not eligible for a liquor license if that corporation does not have a manager who is eligible pursuant to the provisions of Chapter 11. The application submitted by Applicant states that the manager is to be Vicki Marie Bogotty. However, Ms. Bogotty has stated to City employees on several occasions that she has no intention of acting as manager of the establishment. Ms. Bogotty had a liquor license rescinded by the City of Forest Lake on November 10, 2008. 4. Therefore, the application fails to meet the requirements of City Code Sections 11-111, subdivision 1 and 11-116, paragraph 4. 5. City Code Section 11-101 adopts by reference the provisions of Minnesota Statutes, Chapter 340A. Section 340A.402 provides that no retail license may be issued to a person who is not of good moral character and repute. 0 RESOLUTION NO. 6. Minnesota Statutes, Section 340A.402 provides that no new retail license may be issued to a person who, within five years of the license application, has been convicted of a willful violation of a state law or local ordinance governing the sale of an alcoholic beverage. 7. The application submitted by Applicant checked "no" to the question whether the owner had ever been convicted of a felony, crime, or violation of ordinance, other than traffic and the question whether the owner had ever been convicted of a felony or willful violation of a federal or state law or local ordinance governing the sale of alcohol. 8. On April 17, 2008, the owner of the Applicant, Raymond Bogotty, pled guilty to allowing a minor to serve alcohol in his business. Additionally, Raymond Bogotty has been convicted of two other misdemeanor crimes. 9. From the period February 2, 1996, to July 6, 2008, nine violations occurred at facilities owned or controlled by the owner of the Applicant involving sale of • tobacco or alcohol to minors or other offenses relating to the business. 10. The Council finds that Applicant is not a person of good moral character as required by Minnesota Statutes, Section 340A.402; that the Applicant made false statements on the application in violation of City Code Section 11-111, subdivision l; that officers of the Applicant have been convicted of willful violations of state law governing the sale of alcoholic beverages within five years of the license application in violation of Minnesota Statutes, Section 340A.402 and City Code Section 11-116; and that the corporation does not have a manager who is eligible for a license, in violation of City Code Section 11-116. ORDER ON THE BASIS OF THE FOREGOING, IT IS ORDERED: That the application of San Antonio of Brooklyn Center LLC for an intoxicating liquor license for the property located at 2101 Freeway Boulevard in the City of Brooklyn Center is denied. 0 0 RESOLUTION NO. By Order of the City Council of the City of Brooklyn Center this 12th day of January, 2009. Januarv 12, 2009 Date ATTEST: City Clerk Mayor 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. 0 -00 1 G r av en H A R T E R E D Offices in 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis Minneapolis, MN 55402 Saint Paul (612) 337-9300 telephone (612) 337-9310 fax St. Cloud http://www.kcnnedy-graven.com Affirmative Action, Equal Opportunity Employer CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337-9215 Email: clefevere@kennedy-graven.com • • December 16, 2008 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Bo Raymond Jordan Bogotty Mr. Bo Raymond Jordan Bogotty San Antonio of Brooklyn Center, LLC 21080 Floral Bay Drive 2101 Freeway Boulevard Forest Lake, MN 55025 Brooklyn Center, MN 55430 Re: Brooklyn Center Liquor License Application for San Antonio Grill Dear Mr. Bogotty: At your request, consideration of the liquor license application of San Antonio of Brooklyn Center, LLC was continued by the City Council at its regular meeting of December 8, 2008, to January 12, 2009. The meeting on January 12th will begin at 7:00 p.m. The Council will meet in the Council chambers at City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, MN. You may address the City Council on the matter of the application at that time if you wish. Very truly yours, Charles L. LeFevere CLL:peb Enclosures cc: Curt Boganey, City Manager Sharon Knutson, City Clerk Scott Bechthold, Chief of Police 344438vl CLL BR291-233 • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk OWN( DATE: December 3, 2008 SUBJECT: Consideration of Liquor License for San Antonio Grill, 2101 Freeway Boulevard -Resolution Relating to the Application for an Intoxicating Liquor License from San Antonio•of Brooklyn Center LLC Recommendation: It is recommended that the City Council open the hearing to receive staff report and applicant testimony, then close the hearing, and then take action on liquor license application. A resolution has been prepared with findings of fact and order should the Council choose to deny the license. Background: On October 7, 2008, San Antonio of Brooklyn Center LLC submitted an application for on-sale • intoxicating liquor license for San Antonio Grill, 2101 Freeway Boulevard. A background investigation was conducted by the Police Department to verify the information in the application. Attached is a written recommendation from Police Chief Bechthold to deny the license (NOTE: the memorandum is not public data and attached for Council Members only.) City Attorney Charlie LeFevere drafted a letter to Mr. Bo Raymond Jordan Bogotty, San Antonio of Brooklyn Center LLC, informing that the City Council would meet on December 8th to discuss the matter and inviting Mr. Bogotty to address the Council if he wished (see attached letter from Mr. LeFevere). Budget Issues: There are no budget issues to consider. 0 COUNCIL ITEM MEMORANDUM ~ N~O- - TO: Cornelius Boganey, City Manager MOO? G FROM: Scott Bechthold, Chief of Police DATE: November 28, 2008 SUBJECT: Liquor Application: San Antonio of Brooklyn Center, LLC. Recommendation: I recommend that the City Council deny the liquor license application for San Antonio of Brooklyn Center, LLC dated October 6, 2008. This recommendation is based upon the applicant's background investigation revealing numerous application omissions, the applicant's criminal history and the applicant's history of liquor license violations in other cities. I believe all the facts considered in their totality warrant the denial of the application. Background: The City is in receipt of the liquor license application of San Antonio of Brooklyn Center, LLC delivered to the City by Raymond Jordan Bogotty (Bo), owner. Submitted with the Part I application was a Part II - Personal Information application supplement for Mr. Bogotty. A subsequent background investigation conducted by police department staff revealed facts that give cause to license ineligibility under Minnesota Statute §340A.402 and Chapter 11 of the Brooklyn Center's City Ordinance. Specifically, the investigation reveals the following facts at issue: • The applicant checked "no" to being convicted of any felony, crime, or violation of ordinance, other than traffic. However, the applicant has three (3) misdemeanor convictions, two (2) of which were originally charged as felonies and settled. • The applicant checked "no" to being convicted of a felony or willful violation of a federal or state law or local ordinance governing the manufacture, distribution, or possession for sale or distribution of an alcoholic beverage. The applicant was convicted on April 17, 2008 for allowing minors prohibited from serving/selling liquor in a retail intoxicating establishment. o According to Minnesota Statute §340A.402 - ...no new retail license may be issued to...a person who, within five years of the license application, has been convicted of a felony or a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution, or • possession for sale or distribution of an alcoholic beverage. (emphasis added) CONFIDENTIAL • Since August 1994, nine (9) citations have been issued to the applicant, his spouse, an employee, or patron at liquor establishments he owned in the Washington County area. The applicant listed his wife, Vicki Marie Bogotty as the operating manager of San Antonio of Brooklyn Center, LLC. However, in two different interviews with Brooklyn Center staff, Mrs. Bogotty denied she was assuming this position. While continuing her denials, she then submitted a Part II - Personal Information application supplement on November 13, 2008 listing herself as operating manager. It should be noted that the City of Forest Lake rescinded Ms. Bogotty's liquor license on November 10, 2008. • To date, Mr. Bogotty informed us he has an operating manager in mind but refused to disclose the person's identity. The following is a detailed listing background investigation facts regarding San Antonio of Brooklyn Center, LLC and Raymond Jordan Bogotty (Bo): 1. Application omissions, errors and misstatements. A. Part I - General Information Application: o Page 2 (5(b)) Full Legal Name of OPERATING MANAGER: Vicki Marie Bogotty • Incorrect. Vicki Bogotty and Applicant both admitted she will not be the Operating Manager. o Page 7 (16(a)) Attach floor elan showing dimensions and indicate number of persons to be served. ■ Incomplete. No information provided for dimensions or persons to be served. B. Part II - Personal Information Application: o Page 3 (7) Have you ever been convicted of any felony, crime. or violation of any ordinance? ■ Incorrect. The applicant has been convicted of three (3) misdemeanor crimes, two (2) of which were originally charged as felonies and settled. o Page 5 (16) Are you a r)erson who. within five Years. has been convicted of a felony or a willful violation of a federal or state law or local ordinance sovernina the manufacture. sale ...or distribution of an alcoholic beverave? ■ Incorrect. On April 17, 2008 Applicant pled guilty to knowingly allowing a minor to serve alcohol in his business, a violation of Minnesota State Statute §340A.402. 0 CONFIDENTIAL 2. Applicant's Criminal History • Washington County, Forest Lake PD, case number 07406911 - offense date 7/9/2007. Summons complaint filed 1/9/2008 for misdemeanor Liquor- Minors prohibited from serving/selling liquor in retail intoxicating liquor establishment. o Result - Pled Guilty 4/17/2008. ■ Applicant knowingly hired an underage waitress to serve alcoholic beverages at his business "Upper Deck" in Forest Lake. • Ramsey County, St Paul PD, case number 96081764 - offense date 6/7/1996. Summons complaint filed 7/12/1996 for misdemeanor Indecent Conduct after felony Criminal Sexual Conduct case prosecution was declined. o Result - Pled Guilty 9/30/1996. Washington County, Oakdale PD, case number 0032354 - offense date 11/07/1990. Summons complaint filed 11/28/1990 for felony Terroristic Threats. o Result - Pled Guilty 3/6/1991 to a misdemeanor charge. 3. Liquor License Related Violations (Total 9) • Forest Lake Police case number 108406731 - 7/06/08 Permit violation by allowing a band to play past beyond the permit defined time limit at "Upper Deck." o Result - Ms. Bogotty, the operating manager at "Upper Deck," was cited for the violation but the case has not yet been resolved in court. • Forest Lake Police case number 107406947 - 7/10/2007 Two complaints investigated together of an underage employee serving alcohol at "Upper Deck." o Result - Applicant convicted. • Forest Lake Police case number 06410258 -10/20/2006 A complaint of selling alcohol to underage persons at "Upper Deck." o Result - Employee cited. • Forest Lake Police case number 104406043 - 06/21/2004 A complaint of selling tobacco to a minor at "Upper Deck." o Result - Employee cited and license to sell tobacco suspended for five (5) days. • Forest Lake Police case number 103412187 - 12/11/2003 A complaint of selling tobacco to a minor at "Upper Deck." o Result - Employee cited. . • Washington County Sheriff's Office case number 102028498 - 08/23/2002 A complaint of selling alcohol to underage persons at "Ricci's Saloon." CONFIDENTIAL . o Result - Employee cited. • Washington County Sheriff s Office case number 99023490 - 07/29/1999 A complaint of selling alcohol to underage persons at "Ricci's Saloon." o Result - Employee cited. • Washington County Sheriffs Office case number 99002194 - 01/22/1999 A complaint of selling alcohol to underage persons at "Ricci's Saloon." o Result - Employee cited. • Washington County Sheriff's Office case number 96005349 - 02/02/1996 A complaint of selling alcohol to underage persons at "Ricci's Saloon." o Result - Employee cited. The foregoing facts reveal an individual that repeatedly violates the provisions of the liquor licenses granted to him. It is for these reasons; I recommend that the City of Brooklyn Center deny Raymond Jordan Bogotty and the San Antonio of Brooklyn Center, LLC liquor license application dated October 6, 2008. Budget Issues: N/A cc: Charlie LeFevere, City Attorney • 0 v Graven H A _R T E R E D Offices in 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis Minneapolis, MN 55402 Saint Paul (612) 337-9300 telephone (612) 337-9310 fax St. Cloud http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337-9215 Email: clefevere@kennedy-graven.com November 26, 2008 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED • • Mr. Bo Raymond Jordan Bogotty Mr. Bo Raymond Jordan Bogotty San Antonio of Brooklyn Center, LLC 21080 Floral Bay Drive 2101 Freeway Boulevard Forest Lake, MN 55025 Brooklyn Center, MN 55430 Re: Brooklyn Center Liquor License Application for San Antonio Grill Dear Mr. Bogotty: I represent the City of Brooklyn Center, Minnesota, as legal counsel. You have applied on behalf of the San Antonio of Brooklyn Center, LLC for an on-sale intoxicating liquor license from the City of Brooklyn Center for the San Antonio Grill in the City of Brooklyn Center. The purpose of this letter is to notify you that the city staff and police department of the City will be recommending to the City Council that the license application be denied. Attached is a staff report and a copy of the application information that will be provided to the City Council. The basis for proposed denial is that the applicants are not persons of good moral character and repute as required by Minn. Stat. § 340A.402 and City Code, Section 11-116; that the officers of the applicant have been convicted of willful violations of state law or local ordinance governing the sale of an alcoholic beverage within five years of the license application which authorizes the City to refuse to issue a license under Minn. Stat. § 340A.402 and City Code, Section 11-116; and that the corporation does not have a manager who is eligible for a license, which makes the corporation ineligible under City Code, Section 11-116. The matter will be on the agenda of the regular meeting of the Brooklyn Center City Council on December 8, 2008. The meeting begins at 7:00 p.m. The City Council meets in the council chambers at city hall, 6301 Shingle Creek Parkway, Brooklyn Center, MN. You may address the City Council on this matter at that time if you wish. 343689vl CLLBR291-233 Bo Raymond Jordan Bogotty Ltr November 26, 2008 Page 2 • If you wish to withdraw your application, please provide notice in writing of your withdrawal either to me or the Brooklyn Center Chief of Police prior to the date of the hearing. Very truly yours, Charles L. LeFevere CLL:peb Enclosures cc: Curt Boganey, City Manager (w/encs.) Sharon Knutson, City Clerk (w/encs.) Scott Bechthold, Chief of Police (w/encs.) • • 343689vl CLLBR291-233 council Agenda Item No., 10e City • 0 0 COUNCIL ITEM MEMORANDUM To: Curt Boganey, City Manager From: Scott Bechthold, Chief of Police Date: January 8, 2009 Subject: Acceptance of Target 2008 Charitable Contribution Recommendation: It is recommended that Council recognize by resolution the acceptance of a charitable contribution grant from the Target Corporation in the amount of $500; for the startup costs of the GraffitiNet© database. Background: In May of 2008, the Target Corporation announced they would be providing law enforcement grant opportunities. The Target grant application focused on tools that could be used by law enforcement to help make the communities a safer place to live. . On July 1, 2008 the cities of St. Louis Park, Maple Grove, Hopkins, Eden Prairie, Minnetonka, Crystal, Richfield, Plymouth, Minneapolis, and Brooklyn Center entered into an agreement to create a database of graffiti that will be shared between all partnering agencies. Each participating agency will have secured access to add and edit their data and to view all other information posted in the database. The City of St. Louis Park developed the database called GraffitiNet© as a tool to allow police departments to gather and share information on incidents of graffiti. The startup cost for cities to participate in this database was $500 each. The Brooklyn Center Police Department did submit an application to the Target grant for the start up costs of the GraffitiNet© tool. In December of 2008, the Target Corporation granted the City of Brooklyn Center Police Department $500 for the startup cost of the GraffitiNet© database tool. Budget Issues: None. 0 • adoption: Member introduced the following resolution and moved its . RESOLUTION NO. RESOLUTION AUTHORIZING PROPOSED USE OF 2008 TARGET CHARITABLE CONTRIBUTION GRANT WHEREAS, the City of Brooklyn Center has received a Community Grant in the sum of $500.00; and WHEREAS, it has been proposed that the City would use the funds for the purchase of the City of St. Louis Park's GraffitiNetO Database; and WHEREAS, the City wishes to maximize the effectiveness of the use of these grant funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager approve the Target Community Grant Fund for the set-up of and access to the GraffitiNetO Database. January 12. 2009 • Date ATTEST: City Clerk Mayor 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. 0 City Council Agenda Item No, lOf • 0 0 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works 9 r DATE: January 12, 2009 SUBJECT: Resolution Establishing the Interest Rate for 2009 Special Assessments Recommendation: Staff recommends that the City Council approve the attached resolution establishing the 2009 interest rate for special assessments at 6.0 percent. Background: Each year the City Council sets an interest rate for special assessments levied against property based on the City's Special Assessment and Internal Loan Interest Rate Policy. The objective of this policy is to establish an equitable interest rate that will not unfairly burden the property owner, but also recover the cost of borrowing from outside sources, recover the cost of administering the special assessments, and protect the City from the possibility that special assessment prepayments might impair the City's ability to service the bonds. City Council policy has been to establish the special assessment interest rate by calculating the sum of the interest rate for the most recent general obligation bond, adding two (2) percent to cover the overhead costs described above, and rounding to the nearest one-half percent in accordance with the Interest Rate Policy. The most recent bond sale by the City of Brooklyn Center was Series 2008B General Obligation Improvement Bonds at 3.87 percent, resulting in a special assessment interest rate of 6.0 percent for 2009. The 2009 rate is consistent with the 2008 rate, which was also 6.0 percent. Budget Issues: The proposed 6.0 percent interest rate would apply to special assessments levied in 2009. • 2009 Interest Rate for Special Assessments Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING THE INTEREST RATE ON SPECIAL ASSESSMENTS FOR 2009 WHEREAS, the City Council levies special assessments for certain neighborhood street and utility projects, delinquent utility bills and other services provided to property owners that go unpaid; and WHEREAS, amounts outstanding are certified to Hennepin County for collection with property taxes and WHEREAS, by City Policy, interest is to be charged on outstanding amounts certified to Hennepin County for collection with property taxes; and WHEREAS, the interest rate to be charged is two percent over the net interest rate for the most recent City General Obligation bond sale rounded up to the next one-half percent; and WHEREAS, the most recent General Obligation bond sale resulted in a net interest rate of 3.87 percent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the interest rate charged on outstanding special assessments for the year 2009 is hereby established at 6.0 percent. Januarv 12. 2009 Date ATTEST: City Clerk Mayor 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. em No. leg city councilkgenda It • • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works 54d- DATE: January 12, 2009 SUBJECT: Resolution Approving Change Order No. 3, Improvement Project Nos. 2008- 05, 06, 07 & 08, Contract 2008-B, Xerxes Avenue/Northway Drive Street and Utility Improvements Recommendation: Staff recommends that the City Council approve the attached resolution authorizing Change Order No. 3 in the amount of $6,156.75 for Improvement Project Nos. 2008-05, 06, 07 and 08, Contract 2008-B, Xerxes Avenue/Northway Drive Street and Utility Improvements. Background: On May 12, 2008, the City Council awarded a contract to C. S. McCrossan, Inc. of Maple Grove, Minnesota for the Xerxes AvenuelNorthway Drive Street and Utility Improvements project. The project was substantially completed in 2008 and will be finalized Spring 2009. • Over the course of construction, additional work items were necessary to address unanticipated construction issues. These additional Change Order No. 3 work items are summarized below. 1. Common Excavation - Additional grading work in the boulevard area to accommodate the construction of the trails, retaining walls and planting beds. Total Cost: $ 6,000.00 2. Remove Landscape Edging - Removal of existing landscape edging that was impacted by installing a new wall. Total Cost: $156.75 The total amount of Change Order No. 3 ($6,156.75) represents less than one (1) percent of the original contract amount. Total current and previous change orders (1, 2 and 3) amount to $22,033.68, which is also less than one (1) percent of the original contract amount. Budget Issues: The attached resolution authorizes Change Order No. 3 for the project. The original contract amount was $2,275,139.10. The current and previous change orders increase the contract amount to $2,297,172.78. The change order amount is within the project's budgeted contingency amount ($190,700). Improvement Project 2008-05, 06, 07 & 08 Change Order No. 3 adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 3, IMPROVEMENT PROJECT NOS. 2008-05, 06, 07 & 08, CONTRACT 2008-B, XERXES AVENUE/NORTHWAY DRIVE, STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, C.S. McCrossan, Inc. of Maple Grove, Minnesota was instructed to complete additional work as itemized on Change Order No. 3 for Contract 2008-B; and WHEREAS, said additional work was not included in the original Contract, but was deemed necessary to properly complete construction for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that Change Order No. 3 in the amount of $6,156.75 for Contract 2008-B is hereby approved. The revised contract amount is as follows: Original Contract Amount Change Order No. 1 Change Order No. 2 Change Order No. 3 Revised Contract Amount Januarv 12. 2009 Date ATTEST: City Clerk Mayor 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. $ 2,275,139.10 $ 5,595.43 $ 10,281.50 $ 6.156.75 $ 2,297,172.78 and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City council Agenda Item No, 10h • 0 • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works DATE: January 12, 2009 SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2008-17, Contract 2008-K, 2008 Capital Maintenance Building Plan Recommendation: Staff recommends that the City Council accept the lowest responsible bid with Alternate 2 and award a contract to Commercial Systems, LLC for the 2008 Capital Building Maintenance Plan, Contract 2008-K in the amount of $149,836. Background: On July 2, 2007, City Council authorized development of a long term Capital Maintenance Building Plan "CMBP" for the City's Public Buildings. Bonestroo, Inc. was selected as the consultant to develop a 15-year plan. On July 28, 2008, the City Council approved the 15-year • plan and funding for the 2008 and 2009 CMBPs. Plans and specifications were prepared in 2008, and sealed bids were received December 11, 2008 for the building repairs portion of the 2008 Capital Maintenance Building Plan. The lowest responsible bidder is Commercial Systems LLC of St. Paul, Minnesota in the amount of $141,136 (see attached Bonestroo letter dated December 19, 2008). The City provided for an alternate bid pertaining to the construction material for the deck boards for the Central Park Plaza decking. This alternate included pre-treated deck boards (base bid), cedar deck boards Alternate 1 (additional $2,400) and composite material deck boards Alternate 2 (additional $8,700). Due to the favorable bid amount, aesthetic nature of the area and minimal long term maintenance costs, staff recommends the composite material deck boards Alternate 2. The total amount of the base bid plus recommended Alternate 2 is $149,836. The original project estimate for the 2008 work was $155,954. The building repairs include only a portion of the complete 2008 CMBP project. The complete 2008 CMBP includes other miscellaneous work that is being coordinated separately from the aforementioned building repairs portion of the project that is being considered (see attached summary). Budget Issues: All planned 2008 CMBP work that is being completed in 2009 will be funded out of 2008 sources. The bid amount of $149,836 is within the 2008 CMBP project's budget ($155,954). • The planned 2009 CMBP project is also anticipated to be completed in 2009 and will be funded in accordance with the 2009 Capital Improvements Plan. 2008 Capital Maintenance Building Plan Bid Award • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT FOR IMPROVEMENT PROJECT NO. 2008-17, CONTRACT 2008-K, 2008 CAPITAL MAINTENANCE BUILDING PLAN WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 2008- 17, bids were received, opened, and tabulated by a City representative and Bonestroo, Inc. on the l 1 cn day of December, 2008. Said bids were as follows: Base Bid Alternate 1 Alternate 2 Commercial Systems, LLC $141,136 $+2,400 8,700 CM Construction Co., Inc. $177,770 8,696 7,648 Do-Right Construction, LLC $178,386 3,300 8,657 F1owSense, LLC $213,561 $+6,909 $+10,080 Construction Results Corp. $222,900 $+4,100 $+10,500 Morcon Construction Co., Inc. $245,570 $+6,200 $+11,000 Prestige Builders of Mn., Inc. $257,000 $+4,000 9,000 Crossroad Construction, Inc. $284,450 9,400 $+17,900 Merit Building Co., Inc. $294,440 2,976 $+11,130 WHEREAS, Commercial Systems, LLC is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized to enter into a contract with Commercial Systems, LLC of St. Paul, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2008-17, using Base Bid plus Bid Alternate No. 2 in the amount of $149,836 in accordance with the plans and specifications on file in the office of the City Engineer. 2. The estimated project cost is $149,836 and project revenues shall be derived from the Capital Improvements Fund (40100). 0 • RESOLUTION NO. January 12. 2009 Date ATTEST: City Clerk Mayor 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. 0 2N5way 36 W St. Pied, MW 55113 Tel 651-636-4600 Fax 6"-636-1311 • • • www.bonestroo.com December 19, 2008 * Bonestroo Honorable Mayor and City Council City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: 2008 Capital Maintenance Building Program Project City Improvement Project No. 08-17 City Contract No. 08-K Project No. 000412-08003-0 Bid Results Bids were opened for the Project stated above on Thursday, December 11, 2008 at 10 A.M. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There were a total of ten Bids received; Diversified Contracting Specialties, Inc. dba Gen-Con Construction Bids was rejected because they did not acknowledge all Addendum. The following summarizes the results of the acceptable Bids received: Contractor Low Commercial Systems LLC #2 CM Construction Company, Inc. #3 Do-Right Construction LLC #4 FlowSense LLC #5 Construction Results Corporation #6 Morcon Construction Co., Inc. #7 Prestige Builders of MN, Inc. #8 Crossroad Construction, Inc. #9 Merit Building, Company, Inc. dal Base Bid $141,136 $177,770 $178,386 $213,561 $222,900 $245,570 $257,000 $284,450 $294,440 Alternate No. I $2,400 $8,696 $3,300 $6,909 $4,100 $6,200 $4,000 $9,400 $2,976 Alternate No. 2 $8,700 $7,648 $8,657 $10,080 $10,500 $11,000 $9,000 $17,900 $11,130 The low Bidder on the Project was Commercial SystemsJ.LC with a Total Base Bid Amount of $141,136. This compares to the Engineer's Estimate of$a99;8E30 'these Bids have been reviewed and found to be in order. Slns;9s4 If the City Council wishes to award the Project to the low Bidder, then Commercial Systems LLC should be awarded the Project on the Total Base Bid Amount of $141,136. Should you have any questions, please feel free to contact me at (651) 604-4849. Sincerely, BONESTROO A~-_ Bruce P. Pa a son, A.I.A. . Enclosure St. Paul St. Cloud Rochester Milwaukee Chicago January 12, 2009 • 2008 Capital Maintenance Building Plan - Summary (FOR INFORMATION ONLY) The complete 2008 Capital Maintenance Building Plan (CMBP) includes building repairs prescribed in the CMBP Improvement No. 2008-17 project and other miscellaneous work as summarized below that is being coordinated separately from the building repairs portion of the project. Community Center Carpet - The carpet in Constitution Hall is scheduled to be replaced by a separate contractor. Quotes were received prior to the annual pool shutdown in September 2008 in the amount of $22,000.00. Community Center Painting - Cleaning and repainting miscellaneous items in the pool area were performed by a separate contractor during the annual pool shutdown period in September 2008 in the amount of $10,400. Community Center Penthouse and other minor miscellaneous work - The planned work prescribed in 2008 for the center and south penthouses that house mechanical equipment on top of the Community Center is postponed and will be coordinated with future planned work pertaining to the Community Center's air-handling equipment that is planned in 2011. Other minor miscellaneous work is postponed and will be coordinated with future relative CMBP work • as well. This postponed work amounts to $69,183. Electrical Work - A portion of the 2008 CMBP work includes specialized electrical work throughout the different public buildings within the City that will be coordinated directly with a specialized electrical contractor to minimize costs. Additionally, we will be including the 2009 and 2010 CMBP electrical work with the 2008 CMBP electrical work to further minimize costs due to the economies of size that will be experienced by packaging the electrical work together. The 2008, 2009 and 2010 electrical work amounts to $43,714, $7,071 and $13,500, respectively (total amount $64,285). See Table 1 for a cost summary of the complete 2008 Capital Maintenance Building Plan. 0 2008 Capital Maintenance Building Plan - Project Summary (FOR INFORMATION ONLY) • • Table 1. 2008 Capital Maintenance Building Plan Improvements - Cost Summary INOTES1 ITEM Budget Amount ( Estimated Award Amount Improvem ents Costs - Original 2008 CMBP (4) I Building Repairs Portion I $ 155,954.00 I $ 149,836.00 (1) ' Community Center Carpet I $ 14,482.00 I I $ 22,000.00 (1) ( Community Center Painting I $ 4,647.00 I $ 10,400.00 (2) I Comm. Center Penthouse/Other minor misc. I $ 69,183.00 I $ 69,183.00 (1) I Electrical Work 2008 I $ 48,405.00 I $ 43,714.00 I Subtotal I $ 292,671.00 I $ 295,133.00 Improvem ents Costs - 2008 CMBP Revisions & Adjustments (1) I Electrical Work 2009 I $ 7,958.00 I $ 7,071.00 (1) I Electrical Work 2010 Is I 14,644.00 1 $ 13,500.00 (2) Comm. Center Penthouse/Other minor misc. I $ (69,183.00)i $ (69,183.00) (3) I Architectural, Eng., Admin. I $ 101,440.00) $ 101,440.00 Subtotal I $ 54,859.00 ( $ 52,828.00 I Total Costs I $ 347,530.00 I $ 347,961.00 Revenues I Liquor Store Enterprise Fund I $ 268,401.00 I $ 280,627.00 I Sanitary Sewer Utility $ 10,583.00 I $ 9,608.00 Water Utility $ 68,546.00 I $ 57,726.00 Total Revenues $ 347,530.00 $ 347,961.00 Date: January I! 2W Note: (1) Work coordinated separately by City staff and not part of building repairs portion of CMBP. (2) Community Center penthouse work and other minor miscellaneous work postponed. This work will be coordinated with future work that is scheduled. (3) Consultant contract approved on July 31, 2008 with Bonestroo, Inc. (4) Building repairs portion - CMBP Improvement No. 2008-17. • City Council Agenda Item No. 10i • 0 • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works DATE: January 12, 2009 SUBJECT: Resolution Approving Change Order No. 2, Improvement Project Nos. 2008-01, 02, 03 & 04, Contract 2008-A, 2008 Residential Area Neighborhood Street and Utility Improvements (Maranatha) Recommendation: Staff recommends that the City Council approve the attached resolution authorizing Change Order No. 2 in the amount of $27,569.34 for Improvement Project Nos. 2008-01, 02, 03 and 04, Contract 2008-A, 2008 Residential Area Neighborhood Street and Utility Improvements (Maranatha). Background: On April 14, 2008, the City Council awarded a contract to LaTour Construction Inc., Inc. of Maple Lake, Minnesota for the Maranatha Neighborhood Street and Utility Improvements. • The project was substantially completed in 2008 and will be finalized Spring 2009. Over the course of construction, additional work items were necessary to address unanticipated construction issues. These additional Change Order No. 2 work items are items summarized below. Lift Station No. 2 Vault and Connection - Modifications to the concrete vault and connections were required due to unidentified existing utility conflicts. It should be noted that this was a partial design omission and that the consultant has reimbursed the City for a portion of the additional cost amounting to $5,600. The $5,600 has been deducted from the consultant service fees but does not affect the total change order amount. Total Cost: $ 15,474.30 2. 16" Plug Valves - The valves were converted to submersible valves for ease of maintenance and durability. Total Cost: $3,153.04 3. Poly Wrap Forcemain - Poly wrap was installed on the 16" sanitary sewer forcemain to help increase the lifespan of the pipe. Total Cost $4,548.00 4. Sanitary Sewer at 69th Avenue and Regent Avenue - The contractor was delayed due to unknown utility line locations that required the grade of the sewer to be adjusted. Total Cost $3,380.00 5. Sanitary Sewer at 69th Avenue and Lee Avenue - The contractor was delayed due to • unknown conditions that required the contractor to clean the existing drop sewer. Total Cost $1,014.00 Improvement Project s 2008-01, 02, 03 & 04 Change Order No.2 • The total amount of Change Order No. 2 ($27,569.34) represents less than one (1) percent of the original contract amount. Total current and previous change orders (1 and 2) amount to $51,145, which is 1.4 percent of the original contract amount. Budget Issues: The attached resolution authorizes Change Order No. 2 for the project. The original contract amount was $3,688,689.82. The current and previous change orders increase the contract amount to $3,739,834.82. The change order amount is within the project's budgeted contingency amount ($230,600). • • Improvement Project s 2008-01, 02, 03 & 04 Change Order No.2 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NOS. 2008-01, 02, 03 AND- 04, CONTRACT 2008-A, 2008 RESIDENTIAL AREA NEIGHBORHOOD STREET AND UTILITY IMPROVMENTS (MARANATHA) WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, LaTour Construction, Inc. of Maple Lake, Minnesota was instructed to complete additional work as itemized on Change Order No. 2 for Contract 2008-A; and WHEREAS, said additional work was not included in the original Contract, but was deemed necessary to properly complete construction for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that Change Order No. 2 in the amount of $27,569.34 for Contract 2008-A is hereby approved. The revised contract amount shall be as follows: • Original Contract Amount Change Order No. 1 Change Order No. 2 Revised Contract Amount Januarv 12. 2009 Date $ 3,688,689.82 $ 23,575.66 $ 27.569.34 $ 3,739,834.82 ATTEST: City Clerk Mayor 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. 0 City council Agenda Item No• lOj 0 TO: FROM: DATE: SUBJECT: City of Brooklyn Center City Council Agenda Item Memorandum Curt Boganey, City Manager Daniel Jordet, Director of Fiscal & Support Sen 6 January 2009 Modification of BC Liquor Store # 1 Lease Recommendation: Staff recommends approval of a modified lease for the space occupied by BC Liquor Store # 1 at 5625A Xerxes Avenue North. Background: Staff has proposed the expansion of the BC Liquor Store #1 rental area by acquiring the rights to the tobacco shop immediately east of the existing store • area. This additional 1,350 square feet would be used for storage and staging of larger quantities of product. Purchasing in larger quantities will allow the Store to gain additional price discounts on merchandise. The cost of the expansion is as follows: Additional Rent: $ 21,465/year Additional Common Area Maintenance: 6,325/year Additional Utilities: 2,262/ ear Additional Cost Total $ 30,052/year The annual cost savings from lower purchase price on inventory shown below is estimated using 4.5% of our product units, many of them being our best selling items, and the savings that were offered during recent promotions. This is a minimum amount of savings that indicates a break-even calculation from expansion of the store. Any additional items available at a discounted price from the remaining 95.5% of the items in the store would be above and beyond the cost of expansion. The conclusion of this analysis is that the risk of net additional cost by expanding Store #1 is very low. It would require cost savings on only 4.5% of the current product units to allow the expansion to break even. Expansion of Store #1 is not expected to lower the net profit of the BC Liquor Fund. In order to accomplish this expansion the lease with Brookdale Corner, L.L.C., represented by Welsh Companies as property manager, must be modified in the following ways: • The expanded square footage must be described. This is done in the section titled Additional-Premises. - - - The City must execute the lease to include the extension period of the lease through June of 2020. A decision on this extension would have been required under the original lease no later than June of 2010. We will simply be making the decision about a year early. Rates for square footage and percentage rent remain as negotiated in the original lease. The City will pay the additional proportion of common area costs occasioned by the expansion of the floor space leased. Parking rights will not be affected. Financial Impact: The original analysis presented in November of 2008 indicated that the expansion would break even with projected savings on just 4.5% of the current shelf stock. Staff expects the savings to be more than the break-even point, although the total amount of the savings will depend on the deals offered by manufacturers and distributors. Abroad brush estimate is that with sales being maintained at their 2008 levels and discounts being obtained on at least 8% of the 2009 purchases the store will produce an additional 18,000 to $ 20,000 in net revenue. Again, this additional net revenue would be produced by cost savings on inventory and not on increases in sales volume. • AMENDMENT TO SHOPPING CENTER LEASE THIS AMENDMENT TO SHOPPING CENTER LEASE ("Amendment") is made as of , 200, by and between BROOKDALE CORNER, LLC , a Minnesota limited liability-zompany ("Landlord") and CITY OF BROOKLYN CENTER, a - - Minnesota municipal corporation ("Tenant"). RECITALS A. Landlord and Tenant entered into a certain Shopping Center Lease dated November 30, 1999 (the "Lease") for approximately 6,300 rentable square feet of space (the "Premises") located at Brookdale Corner, Brooklyn Center, Minnesota for a Term expiring on June 11, 2010. B. Landlord and Tenant now desire to amend the Lease to extend the Term for a period of ten (10) years and to expand the Premises to include additional adjacent space all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and • agreements contained herein, Landlord and Tenant hereby agree as follows: 1.) Defined Terms. Unless otherwise defined herein, each capitalized term used in this Amendment shall have the same meaning ascribed to such term in the Lease. 2.) Extended Term. Sections 1.11 and 2.1 of the Lease are hereby amended to extend the Term for a period of ten (10) years and zero (0) months (the "Extended Term"), commencing on June 12, 2010 and continuing through June 11, 2020, unless sooner terminated as set forth in the Lease. Paragraph 1 of the Additional Lease Provisions contained in Exhibit D to the Lease (Option to Extend) is hereby deleted in its entirety and all references contained in the Lease to "Extension Terms" or "Option Periods" shall be disregarded and be of no further force and effect. 3.) Additional Premises. Section 1.7 of the Lease is hereby amended to expand the Premises to include approximately 1,350 rentable square feet of space (the "Additional Premises") located adjacent to the Premises and shown on Exhibit B-1 attached hereto and made a part hereof. The Additional Premises is currently occupied by Royal Tobacco ("Royal"). Royal has agreed to redeliver possession of the Additional Premises to Landlord and, when the same occurs (which is expected to be on or about April 1, 2009), Landlord shall make the Additional Premises available to Tenant for construction (the "Delivery Date"). From and after the "Delivery Date" (as hereinafter defined), the Premises shall consist of approximately 7,650 rentable square feet. Exhibit B-1 is hereby substituted for and replaces Exhibit B attached to the Lease. 40 4.) Base Rent. Until the Delivery Date occurs, Tenant shall continue to pay Base Rent-to Landlord in the manner and at the times specified in Section 1.1 and Article 3 of the Lease. From and after the Delivery Date, Section 1.1 of the Lease is hereby amended to substitute the following Base Rent schedule for the schedule set forth in Section 1.1: PERIOD Delivery Date - June 11, 2010 June 12, 2010 - June 11, 2015 BASE RENT RATE PER SQUARE FOOT $15.90 17.20 ANNUAL MONTHLY BASE RENT BASE RENT $121,635.00 $10,136.25 131,580.00 10,965.00 June 12, 2015 - June 11, 2020 18.50 141,525.00 11,793.75 5.) Additional Rent. Tenant shall pay Tenant's Share of Center Costs and Taxes for the entire Premises (including the Additional Premises) from and after the Delivery Date. 6.) Percentage Rent. From and after the Delivery Date, Section 1.5 is hereby amended to modify the annual Gross Sales breakpoint schedule to read as follows: PERIOD I BREAKPOINT • Delivery Date - June 11, 2010 $3,200,000.00 June 12, 2010 - June 11, 2015 3,400,000.00 June 12, 2015 -June 11, 2020 3,600,000.00 7.) Construction. Landlord shall deliver the Additional Premises to Tenant on the Delivery Date in "as-is" condition without any obligation on Landlord to perform work. Tenant shall perform all improvements which are necessary for the operation of Tenant's business in the Premises at Tenant's expense and in accordance with Exhibit C to the Lease (Construction Agreement) except that Paragraph 1 (Landlord's Work) shall not be applicable and Tenant's Work shall include all improvements which are necessary or desirable for the operation of Tenant's business in the Premises (including the Additional Premises). 8.) Termination of Existing Lease for Additional Premises. The obligations of Landlord and Tenant to perform their respective obligations under this Amendment is expressly conditioned upon Landlord obtaining a fully executed lease amendment with Royal in which Royal agrees to vacate (and actually does vacate) the Additional Premises on or before March 31, 2009. 9.) Effective Date. This Amendment shall be effective on the date it is fully executed by Landlord and Tenant. 10.) Ratification. Except as specifically modified by this Amendment, Landlord and Tenant hereby ratify and affirm the Lease. 2. . 11.) Brokers. Tenant represents that except for Welsh Companies, LLC ("Welsh"), Tenant has not retained, contacted or dealt with any real estate broker, salesperson or finder in connection with this Amendment and no such person initiated or participated in the negotiation of this Amendment. Tenant shall indemnify and hold Landlord and Welsh harmless from and against any and all liabilities and claims for commissions or fees arising out of a breach of the foregoing representation. Landlord shall be responsible for the payment of any commission or fees due to Welsh. 12.) Binding Effect. This Amendment amends and supplements the Lease. If there is a conflict between the provisions of the Lease and this Amendment, the provisions of this Amendment shall control. This Amendment shall be binding upon and inure to the benefit of Landlord, Tenant and their respective successors and permitted assigns. IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment to Shopping Center Lease as of the day and year first above written. LANDLORD: BROOKDALE CORNER, LLC 1233310.1 • By: Name: Title: TENANT: CITY OF BROOKLYN CENTER By: Name: Title: Mayor By: Name: Title: City Manager 3. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AMENDMENT AND EXTENSION OF A SHOPPING CENTER LEASE FOR BC LIQUOR STORE # 1 WHEREAS, the City of Brooklyn Center operates a liquor store at 5625A Xerxes Avenue North in a space leased from Brookdale Corners, L.L.C.; and WHEREAS, the City desires to expand the square footage leased from Brookdale Corners, L.L.C. in order to achieve cost savings by creating storage space for larger volume purchases of products; and WHEREAS, this may be accomplished by modifying the current lease by exercising the extension option contained in the original lease earlier than the required tenth year at the same rates and terms as contained in the original lease. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that modifications to the lease for liquor store space at Brookdale Corners allowing expansion of the space by 1,650 square feet and extension of the lease through June of 2020 at the rates negotiated in the original lease be and hereby are approved. Januarv 12. 2009 Date ATTEST: City Clerk Mayor 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. 0 City Council Agenda Item N°• 1W • • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 2 DATE: January 6, 2009 SUBJECT: Resolution Affirming Fees for Certain Licenses Recommendation: It is recommended that the City Council consider approval/adoption of Resolution Affirming Fees for Certain Licenses. Background: This is a housekeeping item. The City Code of Ordinances requires that license fees be set by City Council resolution. There are two types of license fees that have not been affirmed by City Council resolution. The first is amusement devices. The fee was amended in 1997 and set by City Council Res. No. • 97-180. However, in 1999, the Legislature enacted Minn. Stat. 449.15 which limited the fee cities collect to $15 per location, plus $15 per machine. The City was required to adjust its fees to comply with the Statute, which it did. However, the fees were not adopted by City Council resolution, as required in Section 23-2104 of the City Code of Ordinances. The second is optional 2 a.m. closing special liquor licenses. The fee was established and set by Ordinance No. 2003-11 on September 22, 2003. On September 11, 2006, the City Council adopted Ordinance No. 2006-04 repealing the City's entire liquor ordinance and replacing it with a new liquor ordinance. However, when the new liquor ordinance was adopted, the fees for optional 2 a.m. closing special liquor licenses were not adopted by City Council resolution, as required in Section 11-110, subd. 1. The attached resolution affirms the annual fees as they were set or amended by statutory requirement or City Ordinance. Budget Issues: There are no budget issues to consider. 0 Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AFFIRMING FEES FOR CERTAIN LICENSES WHEREAS, the City Council of the City of Brooklyn Center adopted Resolution No. 97- 180, which amended the fees for various City licenses, including amusement devices; and WHEREAS, on May 19, 1999, the Legislature enacted Minn. Stat. 449.1.5, which limited the fee cities collect on coin and currency activated amusement machines to $15 per location, plus $15 per machine; and WHEREAS, it has been determined that although the City adjusted its license fees to comply with the Statute, the amusement device fees were not adopted by City Council resolution, as required in Section 23-2104; and WHEREAS, on September 22, 2003, the City Council adopted Ordinance No. 2003-11 amending the City's liquor license ordinance regarding hours of operation for liquor establishments, which included setting fees for optional 2 a.m. closing special liquor licenses; and WHEREAS, on September 11, 2006, the City Council adopted Ordinance No. 2006-04 repealing the City's entire liquor license ordinance and replacing it with a new liquor license ordinance; and WHEREAS, it has been determined that when the liquor license ordinance was repealed • and replaced in 2006, the fees for optional 2 a.m. closing special liquor licenses were not included in the Ordinance or adopted by City Council resolution, as required in Section 11-110, subd. 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following annual license fees are hereby affirmed: Amusement Device Operator $15/location, plus $15/machine Optional 2 A.M. Closing Special Liquor Licenses On-Sale Intoxicating Liquor $500 On-Sale 3.2 Percent Malt Liquor $200' On-Sale Club and On-Sale Wine NO FEE, as City charges the maximum liquor license fee allowed by State Statute January 12. 2009 Date ATTEST: City Clerk Mayor 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. Council Agenda Item NO' 101 C1t3' 0 • COUNCIL ITEM MEMORANDUM To: Curt Boganey, City Manager From: Scott Bechthold, Chief of Police Date: January 7, 2009 Subject: Recognition of 4d Rental Properties With Excessive Police Calls Recommendation: It is recommended that Council recognize by resolution three 4d rental properties: Center Pointe, Garden City Court Apartments, and Unity Place as exceeding the three year average police calls for service multi-unit rental properties by twenty-five percent. Background: In 2008, the Minnesota Legislature created the requirement for low-income rental properties classified as class 4d under Minnesota State Statue 273.128 to complete all three phases of the Crime-Free Multi-Housing (CFMH) program, and maintain an annual certification if the property exceeds 25% of the three year average police calls for service. • The CFMH program is a nationally used model known to be effective in reducing criminal activity in rental properties. Rental properties must be identified as qualifying properties by resolution from the governing city using each of the following requirements: 1) is located in a city (i.e., Brooklyn Center) that offers a crime-free multi-housing program through its city police department; 2) has police calls over the preceding three-year time period exceeding the average number of calls for multi-unit rental properties in the jurisdiction, adjusted for number of units, by at least 25 percent; In review of calls for service in the last three years 2006-2008, the average calls for service for Brooklyn Center. multi-unit rental properties was 1.28 calls. Three Brooklyn Center rental properties exceeded the average by over 25%, with 1.6 or more calls for service. This total does not count medical or domestic calls for service, as required by the Minnesota Legislature. 0 • Three properties in the City of Brooklyn Center are currently classified by the Housing Finance Agency as 4d properties and exceed the 25% average: Center Pointe - 2900 Northway Drive (Three year average is 2.67 calls for service.) Garden City Court Apartments - 3409 65 h Avenue North (Three year average is 2.01 calls for service.) Unity Place - 5300 Ponds Drive (Three year average is 1.89 calls for service.) Properties qualifying as class 4d property for taxes payable in 2008 must meet the requirements by May 15, 20.11 in order to retain the classification in 2012. This requirement is effective the day after it is locally approved by the governing body of the city of Brooklyn Center. Budget Issues: None. 0 • Member introduced the following resolution and moved its adoption: WHEREAS, there are three properties in the City of Brooklyn Center that are currently certified by the Minnesota Housing Finance Agency as 4d properties where police calls over the preceding three-year time period exceeded the average number of calls for multi-unit rental properties, adjusted for number of units, by at least 25 percent: Center Pointe, Garden City Court Apartments, and Unity Place; and RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER'S ADOPTION AND PARTICIPATION IN CRIME FREE MULTI-HOUSING PROGRAM • WHEREAS, 2008 Minnesota Session Law Chapter 366, Article 6, Section 48, requires the governing body to determine which properties to be qualifying as exceeding the average number of police calls by at least 25 percent of the average; and WHEREAS, the owners or managers of these properties must complete three phases of the program: 1) Management training, 2) Security Assessment, and 3) Resident Training/ Crime Watch within the first year and annually maintain its certification; and WHEREAS, the general purpose of the Brooklyn Center Crime-Free Multi-housing Program is to make rental properties a safe and desirable place to live. BE IT RESOLVED that the City of Brooklyn Center recognizes the three properties: Center Pointe, Garden City Court Apartments, and Unity Place as having exceeding the average and they shall be notified of the requirements to complete the Crime Free Multi- Housing program. Januarv 12, 2009 Date Mayor ATTEST: RESOLUTION NO. 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. 0 City Council Agenda Item ISO* IOM • 0 COUNCIL ITEM MEMORANDUM TO: FROM: Curt Boganey, City Manager Kelli Wick, Human Resources Director DATE: January 7, 2009 SUBJECT: Labor Agreement Public Works Maintenance Employees 2009 Recommendation: It is recommended that the City Council adopt the resolution approving the contract between the City of Brooklyn Center and local 49 International Union of Operating Engineers for the period January 1- December 31, 2009. Background: The current contract with the subject union expired on December 31, 2008. The City and the Union have met and negotiated in good faith to reach a settlement on all issues of concern. The attached agreement has been approved by a vote of the member and upon adoption by the City Council will establish wages and working conditions for the next year. As has been the previous practice the City has attempted to maintain competitiveness in the market place by providing wages that were consistent with similar communities i.e. as the nine Cities established in Council Policy 2.05(3)A. The Articles affected by these negotiations include the following: Article 25 - Insurance Article 28 - Wage Schedule Article 32 - Duration Article 33 - Local 49 Central Pension Fund Budget Issues: The adopted budgets affected by this group of employees will accommodate the proposed increases. 0 Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2009 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City has negotiated in good faith with Local 49 (Public Works) for a contract for the year 2009 as attached. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center approves the attached contract with Local 49 (Public Works) for the calendar year 2009; and BE IT FURTHER RESOLVED that authorized wage and benefit adjustments not to exceed the maximum contained herein shall become effective according to the schedule of the contract which commences January 1, 2009. • Date ATTEST: City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • December 31, 2008 Kent Korman, Business Representative IUOE Local 49 2829 Anthony Lane South Minneapolis, MN 55418-3285 Dear Kent: Listed below are the changes we've discussed for the tentative labor agreement for 2009. ARTICLE 25 - Insurance 25.1 2009 Full-time employees Effective 1/1/09, the City will contribute payment of eight hundred eighteen dollars ($818) per month per employee for use in participating in the City's insurance benefits. ARTICLE 28 - Wage Schedule - Effective January 1, 2009 Increase wages 3% January 1, 2009. See attached wage schedule. • ARTICLE 32 -Duration One year agreement January 1, 2009 - December 31, 2009. ARTICLE 33 - Local 49 Central Pension Fund The Employer and the Union have explored the feasibility and process necessary for implementation of the language and contributions required for employee participation in the International Union of Operating Engineers Central Pension Fund (hereinafter CPF). It was determined by the Employer and the Union that it is in the best interests of the employees to reduce their wages in order to allow Union members to participate in the CPF. The parties agree that the amount that would otherwise be paid in salary or wages will be contributed instead to the CPF as pre-tax employer contributions. The CPF is a supplemental Pension Fund authorized by Minnesota Statutes, 356.24, subdivision 1(9). Effective January 1, 2006, a pension contribution of ninety-six cents ($0.96) per hour, will commence. The hourly contribution rate will be applied to all compensated hours. (Cap has been raised to $5,000 per year.) The Employer shall pay this contribution directly to the I.U.O.E. Central Pension Fund. The Union agrees to indemnify and hold the Employer, its Officers, Agents, and employees harmless against any claims, suits, orders or judgments, brought against the Employer as a result of any action taken or not taken by the Employer on the specific provisions of this Article. This "hold harmless" clause does not 0 • hold the Employer harmless for failing to transfer the agreed contributions to the I.U.O.E. Central Pension Fund. It is agreed that for purposes of determining future wage rates, the Employer shall. first restore the amount of the wage deduction, then apply the applicable wage multiplier, then.:reduce the~revised-wage . by the CPF contribution rate. It is further agreed that for purposes of calculating overtime compensation the Employer shall first restore the amount of the wage reduction then apply the applicable 1.5 or 2 wage multiplier required under the Fair Labor Standards Act and the collective bargaining agreement, then pay the resulting amount of overtime worked. The CPF Plan of Benefits and the Agreement and Declaration of Trust will serve as the governing documents. New Article re: CDL Attached is the a letter as was done by previous City Manager, stating that it is the City's intention to deal with any situation on a case-by-case basis to evaluate an appropriate course of action. Please let me know if you have any questions. • Sincerely, Kelli Wick Human Resources Director 0 • 2008 Negotiations 12/19/2008 City Maplewood -New-Rope, Golden Valley Fridley Roseville Shoreview Richfield Crystal White Bear Lake Brooklyn Center Actual 2008 Increase 3% 3% 3% 3% 3.5% unknown 3% 1/1 .5% 7/1 3% 3% 2.75% 1/1 &.75 7/1 Proposed 2009 Increase unknown 3% - settlede_ _ 3% - non union 3% - non union 3% unknown 3% 3% unknown unknown 0 • Labor Agreement Between the City of Brooklyn Center And the International Union of Operating Engineers (IUOE) Local No. 49 • January 1, 2009 - December 31, 2009 0 TABLE OF CONTENTS ARTICLE PAGE 1 Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Savings Clause 2 5 Union Security 2 6 Employer Security 2 7 Employer Authority 2 8 Seniority 3 9 Discipline 3 10 Employee Rights - Grievance Procedure 3 11 Job Posting 6 12 Probationary Periods 6 13 Right of Subcontract 6 14 Safety 6 15 Work Schedules 6 16 Relief and Meal Periods 7 17 Special Clothing 7 18 Overtime Pay 7 19 Call Back 8 20 Standby Pay 8 21 Holiday Leave 8 22 Vacation Leave 9 23 Sick Leave 9 24 Severance Pay 10 25 Insurance 10 26 Seasonal/Temporary Employees 11 27 Part-time Employee Benefits 11 28 Wage Schedule 11 29 Working Out of Classification Pay 12 30 Legal Defense 12 31 Waiver 12 32 Injury on Duty 13 33 Local 49 Central Pension Fund 13 34 Post Employment Health Care-Savings Plan (PEHCSP) 14 35 Duration 16 0 • ARTICLE 1 - Purpose of Agreement This Agreement is entered into between the City of Brooklyn Center hereinafter called the Employer, and Local No. 49, International Union of Operating Engineers, hereinafter called the Union. 1.1 Purpose a. Establish certain hours, wages and other conditions of employment; b. Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; C. Specify the full and complete understanding of the parties; and d. Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2 - Recognition - The Employer recognizes the Union as the exclusive representative for all Employees in the job classifications listed below who are public Employees within the meaning of Minnesota Statute • 179A.03, Subdivision 14 excluding supervisory, confidential and all other employees: Mechanic, Maintenance 1, Maintenance II, Maintenance III, and Night Service Person. ARTICLE 3 - Definitions 3.1 Union: The International Union of Operating Engineers, Local No. 49. 3.2 Employer: The individual municipality designated by this Agreement. 3.3 Union Member: A member of the International Union of Operating Engineers, Local No. 49. 3.4 Employee: A member of the exclusively recognized bargaining unit. 3.5 Base Pay Rate: The Employee's hourly pay rate exclusive of longevity or any other special allowance. 3.6 Seniority: Length of continuous service in any of the job classifications covered by Article 2 - Recognition. Employees who are promoted from a job classification covered by this Agreement and return to a job classification covered by this Agreement shall have their seniority calculated on their length of service under this Agreement for purposes of promotion, transfer and lay off and total length of service with the Employer for other benefits under this Agreement. 3.7 Severance Pay: Payment made to an Employee upon honorable termination of 0 employment. 3.8 Overtime: Work performed at the express authorization of the Employer in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 3.9 Calf Back: Return of an Employee to a specified work site to perform assigned-duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. ARTICLE 4 - Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE 5 - Union Security In recognition of the Union as the exclusive representative the Employer shall: 5.1 Deduct each payroll period an amount sufficient to provide the payment of dues • established by the Union from the wages of all Employees authorizing in writing such deduction, and 5.2 Remit such deduction to the appropriate designated officer of the Union. 5.3 The Union may designate certain Employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 5.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE 6 - Employer Security The Union agrees that during the life of this Agreement it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the Employer. ARTICLE 7 - Employer Authority 7.1 The Employer retains the fall and unrestricted right to operate and manage all workforce, 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 detennine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. 2 7.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 8 - Seniority 8.1 Seniority will be the determining criterion for transfers, promotions and lay offs only when all job-relevant qualification factors are equal. 8.2 In the event of a lay-off the Employer will lay-off on the basis of seniority across all three divisions within the public works department for employees that are represented by I.U.O.E. Local 49. 8.3 Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled Employees shall have ten (10) working days after notification of recall by registered mail at the Employee's last known address to report to work or forfeit all recall rights. Recall rights will be based on seniority across the three divisions within the public works department for employees that are represented by I.U.O.E. Local 49. ARTICLE 9 - Discipline 9.1 The Employer will discipline Employees only for just cause. 9.2 An Employee(s) will not be required to participate in an investigatory interview by the Employer where the information gained from the interview could lead to the discipline of the Employee(s) unless the Employee(s) is given the opportunity to have a Union Representative present at the interview to act as a witness for the Employee(s). ARTICLE 10 - Employee Rights-Grievance Procedure 10.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific tern-is and conditions of this Agreement. 10.2 Union Representatives v The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so designated. 10.3 Processing of a Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 10.4 Procedure Grievances, as defined by Section 10. 1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated . representative shall give the Union the Employer's Step 2, answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer- designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated - representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer- designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the Employer's final answer in Step 4. Any grievance not appealed in writing to Step 5 by the Union within ten (10) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. If the parties cannot agree upon an arbitrator, the selection of an 4 arbitrator shall be made in accordance with the "Rules Governing the Arbitration of • Grievances" as established by the Public Employment Relations Board. If the parties cannot agree upon an Arbitrator, then the parties may request a list of Arbitrators from the Bureau of Mediation Services. 10.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall- consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. • C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 10.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual Agreement of the Employer and the Union. 10.7 Choice of Remedy If, as a result of the Employer response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of Section 10.4 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of Section 10.4 the • grievance is not subject to the arbitration procedure as provided in Step 5 of Section 10.4. The aggrieved Employee shall indicate in writing which procedure is to be utilized--Step 5 of Section 10.4 or another appeal procedure--and shall sign a statement to the effect that • the choice of any other hearing precludes the aggrieved Employee from making a subsequent appeal through Step 5 of Section 10.4. ARTICLE 11- Job Posting 11.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion or transfers from within provided that applicants have the necessary qualifications to meet the standards of the job vacancy, have the ability to perform the duties and responsibilities of the job vacancy. 11.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article 12- Probationary Periods. 11.3 The Employer has the right of final decision in the selection of Employees to fill posted jobs based on qualifications, abilities and experience. 11.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 12 - Probationary Periods 12.1 All newly hired or rehired Employees will serve a twelve (12) months' probationary period. • 12.2 All Employees will serve a twelve (12) months' probationary period in any job classification in which the Employee has not served a probationary period. 12.3 At any time during the probationary period a newly hired or rehired Employee may be terminated at the sole discretion of the Employer. 12.4 At any time during the probationary period a promoted or reassigned Employee may be demoted or reassigned to the Employee's previous position at the sole discretion of the Employer. ARTICLE 13 - Right of Subcontract Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by Employees covered-by this Agreement. ARTICLE 14 - Safety The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. ARTICLE 15 - Work Schedules 15.1 The sole authority of work schedules is the Employer. The normal work day for an Employee shall be eight (8) hours. The normal workweek shall be forty (40) hours • Monday through Friday. 6 • 15.2 Service to the public may require the establishment of regular shifts for some Employees In the event that work is required because of unusual circumstances such as (but not - limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an Employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each Employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the Employee from so working. 15.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE 16 - Relief And Meal Periods 16.1 Two relief periods not to exceed fifteen (15) minutes are authorized at a practicable time within each Employee's shift. One relief period may be taken during the first half of the shift and the second relief period may be taken during the second half of the shift. 0 16.2 Each Employee shall be authorized one unpaid thirty (30) minutes meal period per shift. ARTICLE 17 - Special Clothing The Employer will purchase and maintain sufficient sets of work coveralls to be available and specifically assigned for wear by Employees, other than mechanics, when engaged in unusually dirty tasks for the respective job classification. A determination of coverall assignments shall rest exclusively with the Employer. Mechanics shall be provided with uniforms by the Employer up to 11 pants and 11 short and long-sleeved shirts per week. ARTICLE 18 - Overtime Pay 18.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one-half (1-1/2) times the Employee's regular base pay rate. For the purposes of this section, "hours worked" shall include hours designated as holiday, sick or vacation time off. 18.2 Overtime will be distributed as equally as practicable. 18.3 Overtime refused by Employees will for record purposes under Article 18.2 be considered as unpaid overtime worked. 18.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. weekly, seasonal, or annual basis other than the normal 7:00 - 3:30 day. The on a daily, Employer will give seven (7) days advance notice to the Employees affected by the establishment of work days different from the Employee's normal eight (8) hour work day.. 7 18.5 Employees will be paid in accord with Article 21 for work on holidays. 18.6 As an option to monetary compensation for overtime, an Employee may elect compensatory time off at a rate of one and one-half (1%) the amount of overtime worked or two (2) times the amount of overtime worked for holidays paid in accordance with Article 21. In 2007 an Employee may not accrue or use more than 32 hours (after conversion) of compensatory time in a calendar year. In 2008 an Employee may not accrue or use more than 40 hoursi(after the conversion) of compensatory time in a calendar year. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer-designated supervisor. Compensatory time must be used by the end of December. Any remaining compensatory time will be paid to the employee no later than the last pay period before December 31 of each year. 18.7 Employees leaving the service of the Employer shall be compensated for all comp time hours accrued as of the date of separation. ARTICLE 19 - Call Back An Employee called in for work at a time other than the Employee's normal scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one-half (1-1/2) times the Employee's base pay rate. ARTICLE 20 - Standby Pay Public Utility Employees who are designated by their supervisor to serve in a "standby" status on behalf of the City on a weekend will receive as compensation for such service five and one half (5 1/2) hours of overtime pay for the period beginning the end of the work day on Friday and ending the start of the work day on Monday when serving in such status. Public Utility Employees who are designated by their supervisors to serve in a "standby" status on behalf of the City on a week night (Monday, Tuesday, Wednesday, or Thursday) that is not a holiday will receive as compensation for such service one (1) hour of overtime pay for each week night served in such status. Public Utility Employees who are designated by their supervisors to serve in a "standby" status on behalf of the City on a holiday will receive as compensation for such service two (2) hours of overtime pay for each holiday served in such status. Such standby pay shall be in addition to other compensation which the Employee is entitled to under this Agreement. ARTICLE 21- Holiday Leave Holidays Defined. Holiday leave shall be granted for the following holidays: New Year's Day, January l; Martin Luther King, Jr. Day, third Monday in January; Washington's and Lincoln's Birthdays, third Monday in February; Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, first Monday in September; Christopher Columbus Day, second Monday in October; Veteran's Day, November 11; Thanksgiving Day, fourth Thursday in November; Post- Thanksgiving Day, Friday after fourth Thursday in November; Christmas Day, December 25; and one floating holiday annually to be scheduled with permission of the Employee's supervisor. When New Year's Day, Independence Day, Veteran's Day, or Christmas Day fall on Sunday, the following day shall be observed as a holiday. When they fall on Saturday, the preceding day shall be observed as a holiday. Employees' absence from work on the day following or the day 8 preceding such a three-day holiday weekend without the express authorization of the Employer shall forfeit rights to holiday pay for that holiday. Employees working a normal Monday through Friday workweek, who are required to be on duty on any holiday, shall be paid time and one-half for the hours worked in addition to the base pay rate, except that such employees who are required to be on duty on New Year's Day, Thanksgiving Day, or Christmas Day, shall be paid twice the employee's regular pay for the hours worked in addition to the base pay rate. ARTICLE 22 - Vacation Leave 22.1 Amount. Permanent Employees shall earn vacation leave at a rate of 6.67 hours for each calendar month of full-time service or major fraction thereof. Permanent Employees with five consecutive years of service through ten consecutive years of service shall earn vacation at the rate of 120 hours per year. Pennanent Employees with more than ten consecutive years of service shall earn vacation leave according to the following schedule: During 1 lth 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. • Employees using earned vacation leave or sick leave shall be considered to be working for purposes of accumulating additional vacation leave. 22.2 Usage. Vacation leave may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. Employees shall not be permitted to waive vacation leave and receive double pay. 22.3 Accrual. An Employee may accumulate no more than a maximum of 230 hours of vacation leave that can be carried over from year to year. 22.4 Termination Provisions. Employees leaving the service of the Employer in good standing, after having given the Employer proper notice of termination of employment, shall be compensated for vacation leave accrued and unpaid, computed to the date of separation. ARTICLE 23 - Sick Leave 23.1 Eligibility. Sick leave with pay shall be granted to probationary and permanent Employees at the rate of eight hours for each calendar month of full-time service or major fraction thereof. 23.2 Usage. Sick leave maybe used normally for absence from duty because of personal S illness, injury, or legal quarantine of the Employee, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents-in-law, 9 spouse, or children of the Employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers-in-law, sisters-in-law, grandparents, grandparents-in-law, and grandchildren of the Employee. 23.3 Accrual. 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, shall accrue at the rate of two (2) hours per month. Employees using earned vacation leave or sick leave shall be considered to be working for the purposes of accumulating additional sick leave. Worker's Compensation benefits shall be credited against the compensation due Employees during sick leave. 23.4 Procedure. In order to be eligible for sick leave with pay, Employees must: 1. Notify their superior prior to the time set for the beginning of their normal work day. 2. Keep their superior informed of their condition. The City Manager may require a medical certificate as may be deemed necessary before approving the utilization of sick leave consistent with the Family Medical Leave Act. • 23.5 Misuse Prohibited. Employees claiming sick leave when physically fit, except as otherwise specifically authorized in 23.2 shall be subject to disciplinary action up to and including discharge. ARTICLE 24 - Severance Pay Severance pay in the amount of one-third the accumulated sick leave Employees have to their credit at the time of resignation shall be paid to Employees who have been employed for at least five consecutive years. If discharged for cause, severance pay shall not be allowed. Employees hired after 1/1/1992 and having 25 years of continuous service at the time of separation, shall be paid 40% of their accumulated sick leave into the City authorized Post Employment Health Care Savings Plan (PEHSCP). In the event that the retiree benefit in effect on September 1, 2005 is completely eliminated by the employer for employees hired before 1/1/92, the sick leave severance pay for employees hired prior to 1/1/92 and having 25 years of continuous service will be paid at 40% of their accumulated sick leave into the City authorized PEHSCP. If discharged for cause, severance pay shall not be allowed. ARTICLE 25 - Insurance 25.1 2009 Full-time employees Effective 1/1/09, the City will contribute payment of eight hundred eighteen dollars ($818.00) per month per employee for use in participating in the City's insurance benefits. • 10 25.3 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will . provide payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use in participating in the City's insurance benefits. ARTICLE 26 - Seasonal/Temporary Employees Employees employed by the Employer on a seasonal/temporary basis for no more than 180 calendar-days per calendar year either in a full-time or part-time capacity (more than-14 hours per week) will be compensated as deterniined by the Employer for the term of this employment. Such Employees will not be eligible for any benefits under this Agreement except those which may be required by law or those which are specifically outlined below. ARTICLE 27 - Part-Time Employee Benefits Part-time Employees shall not be eligible to receive fringe benefits under this Agreement. ARTICLE 28 - Wage Schedule - Effective January 1, 2009 • • Maintenance lII $24.46 Maintenance H $23.54 Step 3 $21.90 Step 2 $20.31 Step 1 $18.70 Start $17.10 Mechanic $24.50 Night Service Person $23.54 Crew Leader: An Employee assigned in writing by the Department Head or Public Works Superintendent to assist a supervisor as crew leader will be paid $1.50 per hour over their base wage of their regular position while performing such duties. Night Service Person: A night service person who is assigned in writing by the supervisor to do mechanics work will receive mechanics hourly rate of pay for time working such assignment. ARTICLE 29 - Working Out of Classification Pay Employees required by the Employer and who are adjudged by the Employer to be qualified to operate the following items of equipment will be paid the Maintenance III rate of pay for those hours assigned to the unit: Equipment Requiring Class "A" CDL Aerial Bucket Trick-Mounted Vactor Backhoes Crawler Dozer Oil Distributor Motor Grader Sewer Jet Caterpillar #950B Front-End Loader Caterpillar Front-End Loader Model 928 Street Sweeper/Pick-up or Vac Type Welding 11 Employees required by the Employer and who are adjudged by the Employer to be qualified to operate the following items of equipment will be paid the Maintenance H rate of pay for those hours assigned to the unit: Blacktop Paver Truck (20' reach and over) Or similar Boom Type Units Brush Chipper Mower over 10' cutting width Paint Striper - Truck Mounted Trucks - Single - Axle Over 26,000 GVW Bombardier or MT Trackless Sidewalk and Trail Units Sewer Rodding machine Tandem Axle Trucks Tree Spade Farm Type Tractors Skid Steer Employees assigned by the Employer to Utility Operator will be paid the wage rate of the job classification to which the Employee is assigned. ARTICLE 30 - Legal Defense 30.1 Employees involved in litigation because of negligence, ignorance of laws, non- observance of laws, or as a result of Employee judgmental decision may not receive legal defense by the municipality. 30.2 Any Employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the Employee's employment, when such act is performed in good faith and under direct order of the Employee's supervisor, shall be provided with a City assigned representative to accompany the employee and shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such Employee in defending against such charge. ARTICLE 31- Waiver 31.1 Any and all prior Agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 31.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. . ARTICLE 32 - Injury on Duty Employees injured while performing the official duties of their employment with the Employer 12 and who are thereby rendered unable to work and are eligible for Workers' Compensation shall receive their regular wages and benefits for up to sixty (60) working days after an initial three (3) day eligibility period, pending doctor's authorization. The three (3) day eligibility will be taken from the Employee's own accrued sick leave. While out on injury on duty, all monies received from Workers' Compensation shall be turned over to the City of Brooklyn Center. ARTICLE 33 - Local 49 Central Pension Fund The Employer and the Union have explored the feasibility and process necessary for implementation of the language and contributions required for employee participation in the International Union of Operating Engineers Central Pension Fund (hereinafter CPF). It was determined by the Employer and the Union that it is in the best interests of the employees to reduce their wages in order to allow Union members to participate in the CPF. The parties agree that the amount that would otherwise be paid in salary or wages will be contributed instead to the CPF as pre-tax employer contributions. The CPF is a supplemental Pension Fund authorized by Minnesota Statutes, 356.24, subdivision 1(9). Effective January 1, 2006, a pension contribution of ninety-six cents ($0.96) per hour, will commence. The hourly contribution rate will be applied to all compensated hours. (Cap has been raised to $5,000 per year.) The Employer shall pay this contribution directly to the I.U.O.E. Central Pension Fund. The Union agrees to indemnify and hold the Employer, its Officers, Agents, and employees harmless • against any claims, suits, orders or judgments, brought against the Employer as a result of any action taken or not taken by the Employer on the specific provisions of this Article. This "hold harmless" clause does not hold the Employer harmless for failing to transfer the agreed contributions to the I.U.O.E. Central Pension Fund. It is agreed that for purposes of determining future wage rates, the Employer shall first restore the amount of the wage deduction, then apply the applicable wage multiplier, then reduce the revised wage by the CPF contribution rate. It is further agreed that for purposes of calculating overtime compensation the Employer shall first restore the amount of the wage reduction then apply the applicable 1.5 or 2 wage multiplier required under the Fair Labor Standards Act and the collective bargaining agreement, then pay the resulting amount of overtime worked. The CPF Plan of Benefits and the Agreement and Declaration of Trust will serve as the governing documents. ARTICLE 34 - Post Employment Health Care Savings Plan (PEHCSP) The Post Employment Health Care Savings Plan (PEHCSP) is established to help defray the cost of medical expenses and health insurance premiums for employees, spouses and dependents after the employee leaves employment with the City of Brooklyn Center. 1. Participation Eligibility Regular full-time benefit earning employees may have contributions made on their behalf • into the PEHCSP. 13 Participants must be 21 years of age or older. Unless noted otherwise in this policy, the minimum period of service required to participate in the plan is 60 days. Every eligible employee in an employee group is required to participate in the RHSP for their group as outlined in this applicable labor agreement. 2. PEHCSP Contributions When appropriate, each- employee will have an account established in his or her name. Unless specifically noted otherwise, contributions (and earnings) to an employee's PEHCSP account are not taxable income. 3. Accessing Funds a. Employees may access the funds in their PEHCSP account when they are eligible to retire under the Public Employees Retirement Association's (PERA) rules. b. Unless prohibited by the IRS, employees leaving employment with the City prior to being eligible for retirement through PERA, for the reasons noted below, may - make withdrawals on a tax-free basis for eligible health-related expenses. ■ Upon termination of employment. ■ If employee is collecting a disability. ■ If employee is on a medical leave (six months or longer) ■ If employee is on a leave of absence (one year or longer). • ■ If the employee returns to work and is earning medical benefits, they are no longer eligible to make withdrawals from their PEHCSP account. The IRS does not allow these funds to be rolled into any other type of plan, including an IRA. C. Access following death. The surviving spouse and eligible dependents continue to access the account for eligible expense reimbursements until the PEHCSP account is exhausted. Such reimbursements are not taxable. Unless prohibited by the IRS, reimbursements may also be made to a beneficiary other than a surviving spouse or eligible dependent. However, such reimbursements would be taxable to the recipient. 4. Eligible Expenses Reimbursed by Plan Funds in a PEHCSP account may be used to reimburse: Insurance premiums (health insurance premiums, Medicare supplemental insurance premiums, Medicare Part B insurance premiums, COBRA and Chapter 488 insurance premiums, long tenn care insurance premiums (not long term care expenses), and dental insurance premiums. 2. Most qualifying medical expenses as defined in Internal Revenue Code Section . 213 (i.e. medical costs that would otherwise be deductible to the employee on his or her individual income tax return). 14 • A third-party claims administrator will handle claims administration. 5. No Opt-out Employees and retirees in groups covered by the PEHCSP program are not permitted to opt-out of the program. Participation is mandatory. " - 6 Program Administration Along with the Human Resources Division, the company selected will administer the PEHCSP program. The employee controls how the money is invested similar to his or her section 457 deferred compensation program. The employee receives an account statement each from the company for his or her PEHCSP account. 7. Administrative Fees Please contact the vendor selected for current administrative and mutual fund fees. 8. Plan Modifications The details of the Vendor's administration of the PEHCSP as well as other features of the plan are set forth in the PEHCSP materials as provided. These details and IRS regulations regarding the PEHCSP maybe revised, necessitating the revision to this policy or other agreements between employee groups and the City. • The City reserves the right to modify its policy to comply with any other regulations regarding the plan and to add contribution requirements. 9. Contribution Formulas 1. Election for Pre-Tax Contributions from Compensation. Employees may elect to contribute up to 25% of their compensation. This is a one-time, irrevocable election. Employees must make this decision during the open enrollment period 2. Severance Pay. Employees who qualify to receive severance pay and vacation pay upon retiring or leaving the city in good standing, as defined by the current Labor Agreement, will designate from 0% to 100% (in 10% increments) to be placed in their individual PEHCSP accounts at the time of retirement or resignation. This is an irrevocable election. Employees must make this decision during the open enrollment period prior to the beginning of the year in which they will retire. • 15 ARTICLE 35 - Duration . This Agreement shall be effective as of January 1, 2009, and shall remain in full force and effect until the 31 st day of December 2009. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this of .2009. FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, Business Manager Recording Secretary Union Steward • FOR THE CITY OF BROOKLYN CENTER Mayor President Business Representative Union Steward City Manager day 16 uncil Agenda Item N°• 10~ City Co • • 0 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Gary. Eitel, Director of Dept of Business and Neighborhood Development I3,~- _ DATE: January-8,-2L109 _ , - SUBJECT:. Resolution Adopting the Shingle Creek Daylighting Study Framework Plan as a Development Guide for Creek Enhancements and Planning for the Redevelopment of the Brookdale Mall and Opportunity Site Recommendation: Motion to adopt the Resolution Adopting the Shingle Creek Daylighting Study Framework Plan as a Development Guide for Creek Enhancements and Planning for the Redevelopment of the Brookdale Mall and Opportunity Site. Background: These are the draft December 8, 2008 City Council Work Session Minutes related to the Shingle Creek Daylighting Plan: • SHINGLE CREEK DAYLIGHTING PLAN Discussion continued on the Study Session discussion of the Shingle Creek Daylighting Study Framework Plan. Mr. Boganey stated if directed, staff would bring back a resolution for Council to consider. It is not the intent of staff that adoption of the framework would tie the City to a specific outcome or specific timeline; it is intended to establish a Council policy that would support the general goals and objectives of the framework without tying the City into a specific activity or action. Mayor Willson, Councilmembers Ryan, Lasman, and Yelich stated their support of the concept of the Shingle Creek Daylighting Framework Plan. Councilmember O'Connor stated her opposition to the City's participation in the Shingle Creek Daylighting Study Framework Plan. The majority consensus of the City Council/EDA was to direct staff to include a resolution to authorize formal action on the Shingle Creek Daylighting Study Framework Plan on the agenda of the next regular City Council meeting for Council consideration. Attached for your reference is a copy of the December 8, 2008 staff memorandum i Budget Issues: There are no general fund budget issues associated with this action. its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ADOPTING THE SHINGLE CREEK DAYLIGHTING STUDY °,_r , . - - -FRAMEWORK PLAN AS A DEVELOPMENT GUIDE FOIZ. CREED - ENHANCEMENTS AND PLANNING FOR THE REDEVELOPMENT OF THE BROOKDALE MALL AND OPPORTUNITY SITE WHEREAS, Portions of Shingle Creek have been altered from its natural meandering alignment and wetland characteristics by the channelization and the routing of the creek through buried drainage structures; and WHEREAS, Hennepin County retained the services of SRF Consulting Services to study the feasibility of daylighting and implementing environmental enhancements to segments of the creek within the City of Brooklyn Center as part of their goals to spur economic development, improve the livability and quality of life for area residents and enhance natural systems; and WHEREAS, the Shingle Creek Daylighting planning process divided the creek into four segments: • Reach lA Centerbrooke Golf Course Reach 1B Brookdale Shopping Center Reach 2A Southern portion of Central Park adjacent to the Opportunity Redevelopment Area Reach 2B Northern portion of Central Park south of Interstate 694 and adjacent to the city's athletic fields; and WHEREAS, on October 13, 2008, the City Council Study Session included a presentation by Hennepin County staff and consultants of the Shingle Creek Framework Plan which included plan alternatives for varying levels of staged enhancements and redevelopment strategies within the four study areas; and WHEREAS, on December 8, 2008, the City Council discussed the use of the Shingle Creek Development Framework Plan as a planning and development guide for creek enhancements, Watershed Storm Water Management and development guide for future planning of the Brookdale Shopping Center site, the Opportunity Site and Master Plans for Central Park and the Centerbrooke Golf Course. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center hereby adopt the Shingle Creek Daylighting Study Framework Plan as a development guide for creek enhancements and planning tool for the redevelopment of the Brookdale Mall and the Opportunity Site. • RESOLUTION NO. Date - Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • 0 0 Memorandum - Council Work Session DATE: December 3, 2008 TO: Curt Boganey, City Manager FROM: Gary Eitel, Community Development Director i4& SUBJECT: Discussion on Adopting the Shingle Creek Daylighting Study Framework Plan as a Planning and Development Guide for Creek Enhancements and Redevelopment Within the Brookdale Mall Site, the Opportunity Site, the Central Park Master Plan and the Center Brookdale Golf Course Master Plan. Council Action Recommended Should the City Council chose to proceed with the implementation of elements of the Shingle Creek Daylighting Study Framework Plan; City Staff will prepare a resolution adopting this Development Framework as a development guide for creek enhancements and planning for the redevelopment of the Brookdale Mall and the Opportunity Site. • Backeround Information: On October 13, 2008, the City Council Study Session included a presentation by Hennepin County Staff and Consultants on the Daylighting Shingle Creek Framework Plan. The framework plan divided the creek into four segments: • Reach 1-A The Center Brookdale Golf Course Area • Reach 1-13 The Brookdale Mall Area • Reach 2-A The Creek Area South of the Hennepin County Library and the Opportunity Site • Reach 2-13 The Central Park Area south of I-694 And included the following components: ■ Issues, challenges, opportunities and constraints for each study area. ■ Planning Objectives ■ Plan Alternatives ■ Implementation tasks, time frames and possible lead agents. ■ Appendix A - Opportunity Site Studies (Calthorpe Associates - 2003) and Damon Farber Associates, Master Plan and Development Guidelines - 2006) • Appendix B - Brookdale Mall and Kohl's Parking Study 1 0 Redevelonment and Creek Enhancement Opnortunities [Reach 2 A and B] 1. In a cooperative effort with Hennepin County, the Shingle Creek Watershed Commission and the Three River Parks District, the city could proceed with the following enhancements identified within the Framework Plan: - Reduce stormwater runoff volumes and peak flows - Remove invasive plant species and increase native vegetation along creek banks - Reintroduce meanders where space allows - Use of stormwater as an amenity to create connections with green infrastructure - Improve pool/riffle regime for improved oxygen and habitat - Re-establish vegetative buffers - Reduce nutrient and sediment loading to the creek with stormwater treatment on adjacent parcels Preliminary discussions with Hennepin County indicate their willingness to retain the engineers from the Watershed to design and prepare plans and specification for public bidding. The County has also indicated that they would work with the City in funding these improvements. The Three Rivers Parks District has indicated a willingness to include the reconstruction of this trail as part of their Capital Improvement Plan and a regional trail connection agreement with the City that would complete the connection of the Twin Lakes Trail Corridor to the Shingle Creek Trail Corridor. [Reach 2B] 2. The City can promote the planning for the redevelopment of the Opportunity Site to include the following: Incorporation of stormwater treatment into the streetscape design. Incorporation of shared stormwater areas. Incorporation of trail connections through the Opportunity Site and back to Central Park. Preliminary discussion with a developer interested in a commercial Planned Unit Development for the southern 30+ acres has indicated a willingness to work with the City to incorporate these type of design features into their development concepts. [Reach 1B] 3. The dayiighting concepts have been provided to the previous Mall owner and a . prospective new owner of the Mall, both parties were receptive to working with the City to include the following design principals into their redevelopment plans: - New daylighted, low-flow creek channel that incorporates a meandering 2 alignment, substrate diversity, riffles and pools, and native riparian vegetation that will restore ecological function and facilitate fish migration. A culvert under the new mall entrance road that will direct low flows to the new daylighted channel, but restrict high flows, forcing the water to overtop the existing weir and into the existing box culvert. This allows for a relatively narrow creek corridor at the surface. - The aesthetics--of the new daylighted creek will provide a soft, green environment that is pleasant to view and pass through year-round. The new creek corridor will provide aesthetic and recreational value that supports parcel redevelopment adjacent to the creek. The new creek corridor will be an identity-giving element for the area. Redevelopment adjacent to the creek should consist of entertainment-based retail uses that take advantage of creek views/access. [Reach 1A] 4. The design principals for the City owned Center Brookdale Golf Course includes: - Creek aeration cobbles that will improve water quality and aquatic life. - Buffers will be widened along the creek to improve habitat, filter/remove pollutants (i.e. sediment and nutrients) from stormwater runoff and reduce stream bank erosion. • - Adequate light for re-establishment of riparian vegetated buffers will be provided by thinning existing dense tree canopies as needed. Creek enhancements will not require significant alterations to the existing golf course layout. The County has expressed a willingness to work with the Watershed Commission and fund the design of these development plans. The implementation element of the Framework Plan indicated that the County will partner with the City in soliciting grants to help fund the construction and that they would complete construction documents and perform construction. Council Policy Issues: Should the City Council adopt all or parts of the Shingle Creek Daylighting Framework Work Plan as official City Policy? 0 • • • FIGURE 12: Segment Descriptions Reach 2b • Begins south of 1-694 • Creek meanders through parks • Side channels and pools ►2 Reach 2a • Begins where Creek straightens • Straight waterway • Moves through wetland and wooded area • Relatively close private property Reach 1 b • Begins south of CR 10 at weir structure • Runs under Mall parking lot • No adjacent open space No public right-of-way All Reach 1 a • Begins on the north side of TH 100 • Straight waterway Runs through golf course • Treats stormwater runoff from Mall area 17 W ork Session Agenda 0 0 AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION . January 12, 2009 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to, the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Safe City Initiatives Pending List for Future Work Sessions 1. Three Rivers Park District Plan 2. Adult Entertainment Establishments 3. Rental Housing Plan Update 4. TIF Districts Update - City Manager 5. 2011 Brooklyn Center Celebration - Status Report . 6. Public Safety Annual Report 0 • W oru, session 0 Ageltlda Item NO. 1 • MEMORANDUM - COUNCIL WORK SESSION DATE: January 8, 2009 TO: Brooklyn Center City Council FROM: Curt Boganey, City Manager SUBJECT: Safe City Initiative COUNCIL ACTION REQUIRED This is an informational item. BACKGROUND The Chief of Police will provide an overview of the attached Safe City Initiative Program. 0 COUNCIL POLICY ISSUES S 01 4 s 72. F I , 0 0 Brook yn Center Safe City -,-n.itiative The time is right for the Brooklyn Center Safe City initiative... • City of Brooklyn Center and Brooklyn Center Police Department challenged by limited funds and resources. Safe City will help make Brooklyn Center safer for residents, workers and visitors. • Matching grants may be available to reduce the cost to implement Safe City in Brooklyn Center. • There are several successful models already operating. • Brooklyn Center Safe C'ty Inotiatove Safe City and the partnerships created will fundamentally enhance how Brooklyn Center protects the public. Business and Industry (Small, mid-size and large) Brooklyn Center Governmen Community Law Enforcement What is Safe City? • Partnership with law enforcement and local businesses. - Information sharing - Building trust - Leveraging technology • Brings together the community and other public/ rivate partners to deter and reduce crime to make it safer for people to live, work and shop in Brooklyn Center. • Successful in Minneapolis and St Paul and other ma'or metro areas including Boston (MA),, Chula Vista (CAj Fresno (CA), Cincinnati (OH) and int Township (MI~- Improves communication and intelligence sharing among law enforcement agencies. • Broadens the reach of critical law enforcement leaders to leverage resources. Brook yn Center Safe City initiative Collaborative Approach ® Formal Safe City Collaborative • An active and collaborative community partnership is the backbone of Safe City Information sharing meetings. • Development of paid/volunteer security ambassadors. • Expansion of CEPTED in redesign and development of facilities. Brookyn Center Safe City Initiative Technology Approach • Integrates video, Internet and other technology to provide real-time intelligence sharing. • Enhanced radio communications with private/corporate security, Metro Transit Police and Brooklyn Center Police. • CCTV monitored by BCPD. • E groups to share safety and crime information instantly. • Coordinated training and staffing. • Phased Approach- Future expansion of Brooklyn Center Safe City expected. m 0 0 Typoca Safe City Components • e9 E-groups Messaging networks connecting businesses and police, Bill giving notification of suspicious behavior, crime trends and prevention tips. Photo Sharing - Distribution of photos showing individuals who have committed illegal or unsafe acts. This helps identify criminals and can prevent them from striking again. QQ Information Sharing Ongoing written documentation, shared e-mail information and regular meetings between the network's participants. Security Cameras - A network of strategically placed security cameras allow police to monitor high-traffic-areas and prioritize their response. Security Ambassadors - Security Ambassadors provide patrons with © a human face who is receptive to concerns or problems. Radio Link Keeping community and police leaders in contact even ° while moving between locations. • 0 0 Safe Cty Successes Resu ts.... Minneapolis (2004 implementation) - 44% robbery reduction in year one - 800+ arrests to date - 100% conviction rate Boston (2005 implementation) - 73% reduction in drug complaint - 63% reduction in burglary - 17% reduction in larceny from auto Flint Township, MI (2006 implementation) - 40% reduction in larceny from auto - 0 parking lot incidents YTD; average 15 per month in '06 Other Successes - Significant court cost reduction • More than 60% of the cases capght on video plead out. - Collaborative community partnerships • Minneapolis Safe Zone Collaborative • Chula Vista Safe City Partnership • Cincinnati Safe City Partnership "Our organization was pleased to learn of Target's level of commitment to the communities it services. The Target Corporation has created an innovative program for use by the Los Angeles County Sheriff's Department which unites public, private and community organizations to enhance public safety. It is our intent to ensure the Safe City Program is expanded to additional communities throughout the County of Los Angeles. The Target Corporation, through its Safe City program, has taken a leadership role in making our communities safer." Leroy D. Baca Sheriff, Los Angeles County Brook yn Center Safe City =nitiative Timeline Months 1 & 2 • Assign police staff to manage and coordinate Safe City Project • Meet with Target representatives • Build list of business partners and define Safe City area • Conduct survey of Safe City businesses to identify crime perceptions • Hold first Safe City all-participant meeting Months-3 & 4 • Police and partners conduct CPTED • Safe City Members review business and police surveys as well as crime statistics to determine priority issues Brook yn Center Safe City initiative Timeline Months 5 & 6 • Steering Committee of Safe City formed • Timeline and goals for addressing 5 identified priority issues established • Safe City community plan completed Months 7 & 8 • Measurements of success for the Safe City project drafted • Project signage ordered and displayed • Solutions for addressing one issue area - robbery - analyzed and success to date evaluated 0 Brook yn Center Safe City =nitiative Timeline Months 9 & 10 • Develop project website Solutions for addressing second issue area • Kick-off media event held Months 11 & 12 • Establish technology for addressing identified issues • Conduct employee and customer surveys on identified issues to gauge success to date and future needs 0 0 0 Brookyn Center Safe City =nitiative Questions ?