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Home My WebLink About2000 10-09 CCP Regular Session CITY COUNCIL MEETING PUBLIC COPY City of Brooklyn Center October 9, 2000 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation - 7 p.m. - Father The Pham, St. Alphonsus Church 3. Call to Order Regular Business Meeting 4. a. Roll Call b. Flag Ceremony -Boy Scout Troop #401 5. Council Report 6. Appearances Executive Director John Connelly, Minneapolis Metro North Conventions and Visitors Bureau -Report on 2001 Budget 7. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. September 25, 2000 - Study Session 2. September 25, 2000 - Regular Session b. Licenses CITY COUNCIL AGENDA -2- ,W'ptember 25, 2000 • C. Appoint Additional Election Judges to Serve in the General Election d. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees 8. Public Hearing a. Resolution Approving a Levy Certification Tax Rate Increase -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. 9. Council Consideration Items a. Resolution Recognizing Brooklyn Center Lions Club -Requested Council Action: - Motion to adopt resolution. b. Resolution Expressing Recognition of John Mastley's Eagle Scout Landscaping Project at Eugene H. Hagel Arboretum - Requested Council Action: - Motion to adopt resolution. C. Proclamation Declaring October to be Violence Prevention Month and October 12, 2000, to be Turn Off The Violence Day - Requested Council Action: - Motion to adopt proclamation. d. Proclamation Declaring October 22 Through October 28, 2000, As World Population Awareness Week - Requested Council Action: - Motion to adopt proclamation. e. Proclamation Declaring October 16- 20,2000, National Business Women's Week - Requested Council Action: - Motion to adopt proclamation. f. Report on SEH France Avenue Study - Requested Council Action: ® -None, report only. CITY COUNCIL AGENDA -3- September 25, 2000 • g. An Ordinance Amending Chapter 23 of the City Ordinances Relating to Amusement Devices -Requested Council Action: - Motion to approve first reading of ordinance and set second reading and public hearing of November 13, 2000. h. Resolution Authorizing Execution of a Construction Cooperative Agreement with Hennepin County for the Reconstruction of Brooklyn Boulevard, Improvement Project No. 1999 -04, Brooklyn Boulevard Reconstruction, 64th to 71st, and Improvement Project No. 1999 -16, Brooklyn Boulevard Enhancements, 64th to North City Limits, and Making Appropriations -Requested Council Action: - Motion to adopt resolution. i. Resolution Authorizing Execution of an Agreement with Mn/DOT and Hennepin County for Construction Engineering and Contract Management for the Reconstruction of Brooklyn Boulevard, Improvement Project No. 1999 -04, Brooklyn Boulevard Reconstruction, 64th to 71 st, and Making an Appropriation -Requested Council Action: - Motion to adopt resolution. j. Staff Report RE: Grant Application for a New Grandview Park Shelter Building -Requested Council Action: - Motion to approve grant application. k. Resolution Approving Year 2000 Labor Agreement Between City of Brooklyn Center and Teamsters Local No. 320 -Requested Council Action: - Motion to adopt resolution. 1. Report on Status of Enforcement of December 1985 Agreement Lot 1, Block 1, Brooklyn Farm Subdivision -Requested Council Action: -City Manager will provide verbal update. 10. Adjournment Something is going on at... Brookdale Center!!! New Stores! " "YES" New Attitude! "YES" New School Partnership! " Help your school earn a new computer system! HOW? Beginning August 19 through December 31, 2000 for every dollar spent at any Brookdale store, your designated school receives points. ($1.00 = 1 point) The three schools with the most points at the end of the promotion will be awarded a new computer. In addition to that, each registered shopper is eligible to win a computer too! Simply present your receipts at Guest Services near IC Penney and Helzberg Diamonds to register points for your school! Questions? Call 763 -566 -3373 ext 501 or e -mail bdalellc(a�aolxom DAYTON'S • JC PENNEY • KOHL'S • MERVYN'S CALIFORNIA • SEARS MINNEAPOLIS METRO NORTH CONVENTION & VISITORS BUREAU 6200 SHINGLE CREEK PARKWAY, SUITE 248 BROOKLYN CENTER, MN 55430 2001 BUDGET ( with Shoreview) INCOME 2000 2001 Lodging Tax $887,000.00 $1,260,400.00 Accounts Receivable $ 0.00 0.00 MOT Partnership $ 25,000.00 $ 25,000.00 Interest $ 6,000.00 $11,000.00 TOTAL INCOME $918,000.00 $1,296,400.00 EXPENDITURES I. Administration $308,500.00 $402,900.00 II. Operational $108,800.00 $133,500.00 III. Marketing ` $364,000.00 $597,000.00 IV. Sales and Promotion $ 37,000.00 $42,000.00 V. Memberships $ 19,000.00 $21,000.00 VI. Public Relations $ 81,000.00 $100,000.00 TOTAL EXPENDITURES $918,000.00 $1,296,400 TOTAL INCOME $1,296,400 TOTAL EXPENDITURES $1,296,400 PROFIT/LOSS $ 00.00 MINNEAPOLIS METRO NORTH CONVENTION & VISITORS BUREAU 2001 BUDGET I. ADMINISTRATION 2000 2001 Salaries $268,300.00 335,200.00 IRA 10,000.00 Payroll Taxes/ taxes 23,000.00 36,500.00 Temporary Help 3,000.00 6,000.00 Insurance - Workers Comp 1,300.00 2,000.00 Audit/Tax Preparation 2,500.00 2,500.00 Professional Accounting Fees 5,400.00 5,000.00 Legal Counsel \Tech Support 5,000.00 5,700.00 TOTAL ADMINISTRATION $308,500.00 $402,900.00 II. OPERATIONAL 2000 2001 Office Rent 34,000.00 46,200.00 Office Equipment 11,500.00 12,600.00 Maintenance & Service Agreement 6,500.00 7,000.00 Office Supplies 5,500.00 7,100.00 Telephone 12,000.00 13,000.00 Postage /Courier/UPS 15,000.00 20,000.00 Auto Mileage/Parking 5,500.00 6,300.00 Printing /Stationary 6,000.00 6,000.00 Insurance - Officers & Directors 2,000.00 2,300.00 Insurance - General Liability 800.00 1,500.00 Board of Directors 2,500.00 2,500.00 Conferences and Schools 7,500.00 9.000.00 TOTAL $108,800.00 $133,500.00 III. MARKETING Standard Collateral $ 33,000.00 51,000.00 Local Advertising & Promotion 4,000.00 4,000.00 Meeting & Conventions 105,000.00 $ 164,000.00 Tour & Travel 16,000.00 16,000.00 Sports 35,000.00 75,000.00 Leisure Consumer (Tourism) 90,000.00 $ 158,000.00 Special Promotions 6,000.00 9,000.00 National Sports Center 58,000.00 73,000.00 Marketing Incentive Fund 18,000.00 47,000.00 TOTAL MARKETING $364,000.00 $597,000.00 MINNEAPOLIS METRO NORTH CONVENTION & VISITORS BUREAU 2001 BUDGET IV. SALES AND PROMOTION 2000 2001 Airfare $ 9,000.00 $ 10,500.00 Hotel - Travel 13,500.00 14,500.00 Meals/Entertainment (travel) 5,000.00 5,500.00 Meals/Entertainment (local) 4,500.00 5,500.00 Mileage/Parking /Taxi - Travel 3,000.00 3,500.00 Car Rental 2,000.00 2,500.00 TOTAL SALES & PROMOTION $ 37,000.00 $ 42,000.00 V. MEMBERSHIPS Metro Assn. of CVB' $ 6,000.00 MN Assn. of CVB's 350.00 MN Society of Assn. Executives (MSAE) , 500.00 PCMA 250.00 MN Hospitality 250.00 MN Innkeepers 200.00 Hospitality Sales & Marketing (HSMA) 200.00 Meeting Professionals, Inc. (MPI) 500.00 Chicago Society of Assn. Executives (CSAE) 275.00 Twin Cities Tourism Attractions Assn. 450.00 Tour Managers Assn. (TMA) 300.00 MN Festival & Events 125.00 Religious Conference Managers Assn. (RCMA) 100.00 Int'l Assn. of Convention & Visitor Bureaus 750.00 National Tour Assn. (NTA) 450.00 American Bus Assn. (ABA) 400.00 National Association Sports Commissions 500.00 EMGA 4,000.00 Other 1,000.00 3.000 TOTAL MEMBERSHIPS $ 19,000.00 $21,000.00 VI. ADVERTISING, MARKETING, & PUBLIC RELATIONS Public Relations /newsletters $ 9,000.00 $ 10,000.00 Special Events & Promotions 8,000.00 8,000.00 Local Festivals 14,000.00 16,000.00 Marketing Services and Fees 50,000.00 66,000.00 (includes chamber fees) TOTAL PUBLIC RELATIONS $ 81,000.00 $100,000.00 r t me nnea olis Metro North Convention & Visitors Bureau 2001 Marketin g Plan ORGANIZATION MISSION STATEMENT: The Minneapolis Metro North Convention & Visitors Bureau is a destination marketing organization whose mission is "to promote economic growth for its members as a preferred destination for events, meetings, and tourism. Funding for the Bureau's operation is derived from a 3% lodging tax assessed by hotels and motels on rented rooms. Funding cities currently include: Anoka, Blaine, Brooklyn Center, Brooklyn Park, Coon Rapids, Fridley, Maple Grove, and Shoreview The administration of the Bureau is a Board whose members represent the cities, business, and hoteliers. The management of the Bureau is performed by a paid Executive Director. This upcoming year will be the Bureau's 15th year of operation. J PRODUCT ASSESSMENT What We Are Selling What Visitors Are Buying 1. Eight Northern Suburbs and their venues, . Value attractions and services. • Hassle free accessibility • Convenient access and location to the venues within the area • Sports and recreation venues 0 Free parking • Safe environment • Fun • History 0 Attending events in Minneapolis /St. Paul 2. 2907 Sleeping Rooms • Choice of amenities and rates • 61% of all rooms are in the limited service • New in room amenities segment • Recreation on site 0 Shoreview will join the Bureau in 2001 . Breakfast included • Sleeping rooms are concentrated in • Free Parking Brooklyn Center and in Coon Rapids . Frequent Guest Programs • Lowest occupancy typically is November- . Entertainment and dining nearby March • Service service service • Highest occupancy typically is June- . New properties October • Airport accessibility i 3. Restaurant, Shopping, Hotels, Attractions • Hospitality service • Historic attractions • Recreation like golf, water parks indoor and outdoor, and trails • Twin Cities attractions and events • Unique dining experience • Entertainment • Retail: Brookdale, Northtown, Outlet Mall 4. Meeting facilities and hotels with meeting • Unique, one of a kind conference space environment • Executive conference facilities with inclusive package • Dedicated exhibit space • Conductive learning experience • Attentive service • State -of- the -art technology 5. All sports venues in the Minneapolis Metro • Sports entertainment/events North area including the National Sports Center Recreation activities DESTINATION ASSESSMENT i STRENGTHS OPPORTUNITIES • Good freeway/highway network • Form alliances to increase visibility • Free parking • Promote small meetings as important • Distinctive meeting facilities • Desirable shopping and entertainment • Competitive rates and choices • Sell off -peak occupancy periods • Parks and trails • Expand Bureau membership • Close to the Twin Cities • Create destination image • Hassle free accessibility • Expand marketing in new publications and • First class sports venues increase direct mail • New hotels • New venues such as the Super Rink, Golf • Amateur sports events Courses, and EBHC addition • Continuing growth in the area related to • Special events services and entertainment • Medtronic expansion and Target expansion • Greater access to areas in the North Metro along with 610 development with the opening of 610 • Growth in budget makes us more • Indoor and outdoor recreation opportunities competitive with other CVBs • Use of technology for marketing travel • Flexibility with smaller staff • Possible outdoor amphitheater WEAKNESS THREATS • Lack of major attractions • Competition with larger bureaus and • Limited meeting capabilities smaller ones • Distance from airport and transportation to • Loss of professional sports and from the airport • Casino events and rates • Brand identity - who is Minneapolis Metro • New properties opening in metro area North? • Canadian dollar devaluation • Safety perception • Other attractions opening near lodging not • Rooms not connected to larger meeting in our area venues • Additional properties without additional meeting space or new attraction SUMMARY The Minneapolis Metro North Convention & Visitors Bureau's area will continue to grow in the next five years. We now represent Anoka, Blaine, Brooklyn Center, Brooklyn Park, Coon Rapids, Fridley, Maple Grove, and Shoreview. The area has attracted new properties and hotel developers are considering the Minneapolis Metro North area for expansion. With the opening of 610, the Bureau sees an opportunity to link the area with better transportation and convenience for visitors. In 2001, the Bureau will focus on creating new business and growing our share of the Twin Cities visitor. This means continuing our campaign to increase our visibility throughout the region by using the spectrum of marketing activities such as: print ads, direct mail, and shows. This follows our Board of Directors strategic objectives. The Board is expected to revisit its strategic plan in the spring of 2001. BUSINESS AND MARKET DEVELOPMENT i The mission of the Bureau is "to promote economic growth for its members as a preferred destination for events. meetines. and tourism." Resources for the Bureau will be allocated to attract those visitors identified as delivering the greatest results and benefits to all stakeholders. In some cases the marketing efforts will favor the certain market segments. The end result will always be to increase our market share and generate new business into the area. Our 2001 Marketing Plan focuses on these strategic priorities: STRATEGIC PRIORITIES 1. Fulfill organizational goals of growth in new business and achieving a larger market share of existing business 2. Achieve goals of lead generation, bookings, room night bookings and distribution of visitor information • Number of leads Goal = 200 (25% increase over 2000) • Number of bookings Goal=' oal = 90 (34% increase over 2000) • Number of room nights generated Goal = 25,000 (7% increase over 2000) • Tourism fulfillment Goal = 15,000 (43% increase over 2000) 3. Execute our 2001 Activity Calendar in all market segments 4. Creating and executing two new business opportunity, not previously served, in each market segment (meetings, events, and tourism) MEETINGS AND TRADESHOWS The Bureau focuses on national, regional, and state meetings which require sleeping rooms. These meetings are within the following market segments: corporate, association, government, religious, medical education, and hobby markets. MARKETING GOAL: • Attract meetings and tradeshows by establishing Minneapolis Metro North as a preferred destination. OBJECTIVES: • Create sales strategies needed to compete with other destinations and/or venues • Reach local residents to help invite their association to Minneapolis Metro North • Serve niche markets that are identified as compatible with our product • Increase our market share of meetings. in the metro area by establishing relationships in all market segments ACTIVITIES: • Direct mail, tradeshows, personal sales calls, special promotions, advertising, telemarketing, site inspections, presentations, convention services, and internet marketing using e -mail. TARGET MARKETS: • Corporate, government, fraternal and social organizations, trade & professional associations, religious, and hobby SPORTS MARKET AND EVENTS With the growth in amateur sports in our member communities, the Bureau is looking at this as a growth market. r MARKETING GOAL: • Position Minneapolis Metro North as the best location for amateur sporting events and the Bureau as the "GO -TO SPORTS CONNECTION" OBJECTIVES: • Develop relationships with local sports organizations that can bring events into the area • Identify appropriate events that meets established criteria for room nights and participants • Maintain cooperative partnerships with the National Sports Center to identify new events • Establish relations with regional and national sports organizations that have potential events available to bid on: MYAS, MSF, and MRPA ACTIVITIES: • Direct mail, tradeshows, partnerships, bids, presentations, advertising, telemarketing, personal sales calls, special events, industry meetings, and internet and e -mail marketing TARGET MARKETS: • Amateur Athletic Union events, state /regional youth sport associations, sports meetings, team sports, and other compatible events • Local sports organizations willing to host tournaments • Statewide organizations that hold events • Partner with the Minnesota Amateur Sports Commission to secure new events LEISURE CONSUMER Our destination is positioned to capture visitors coming for events and entertainment in the Twin Cities because of value! In addition, we have quick access to downtown Minneapolis. MARKETING GOAL: • Increase new visitors and retain repeat visitors coming for activities in the Twin Cities Metro Area. Increase our market share of the Twin Cities visitor. OBJECTIVES: • Target advertising to create awareness of amenities, value and accessibility • Provide same day response to inquiries by phone and other sources • Update visitor guide and increase distribution of it through new sources • Provide the Travel Information Centers with vacancy status for referrals • Use strategic locations to place our map identifying lodging and attractions • Use our web site to drive business to our hotels and use other sites to steer customers to us • MOT artnershi sand promotions o p p otions that leverage our own marketing efforts P b g ACTIVITIES: • Print advertising, direct mail, customer and information service, internet marketing, cooperative marketing with MOT, consumer shows, and special promotions TARGET MARKETS: • The leisure traveler coming into the Twin Cities • The traveler coming into the metro for events • The traveler passing through the metro area in route to another destination GROUP TOUR AND TRAVEL The Bureau's marketing efforts in the group tour and travel market segment is to maintain existing relationships with tour operators and contacts. Although it is not perceived as a growth market, this could change with the addition of the MN Orchestra Amphitheater. MARKETING GOAL: Attract new and existing group tour business by positioning Minneapolis Metro North as the preferred destination through various strategies to stay when coming to or driving though the Twin Cities ACTIVITIES: • Direct mail, trade shows, familiarization tours, personal sales calls, advertising, telemarketing, and joint promotions with the Minnesota Office of Tourism TARGET MARKETS: • Group leaders, bank clubs, American Bus Association, National Tour Association, schools, local tour operators i City Council Agenda Item No. 7a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA • STUDY SESSION SEPTEMBER 25, 2000 CONFERENCE ROOM B CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in study session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also Present: Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed the items relating to JOSLYN SECOND ADDITION. It was noted that the next scheduled meeting for September 27, 2000, had been rescheduled to October 11, 2000. MISCELLANEOUS Council had discussion on the following items: ♦ Woven Hearts Nursing Home complaint ♦ Random Acts of Kindness letters received and deadline for nominations ♦ Dog barking complaint that had not been addressed ♦ 6043 Camden Avenue ♦ Traffic in front of St. Alphonsus Church ♦ Possible Resolution for making October, 2000, Violence Prevention Month ♦ Garbage haulers and weight limit restrictions on City streets ♦ Palmer Lake dredging ♦ Speed complaints between France and Palmer Lake ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to adjourn the study session at 6:45 p.m. Motion passed unanimously. City Clerk Mayor 09/25/00 -1- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 25, 2000 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Bob Hill, 4701 Twin Lake Avenue, addressed the Council regarding his concern on approval of Planning Commission Item 8a, Planning Commission Application No. 2000 -021 submitted by Ryan Companies US, Inc. requesting site and building plan approval for a 110,700 sq. ft. industrial building at the northwest corner of Azelia and Lakebreeze Avenues North (4830 Azelia Avenue North). City Attorney Charlie Lefevere responded to Mr. Hill's concern. Joseph Strauss, North Metro Mayors Association, shared with the Council the issues the North Metro Mayors Association is working on for the next Legislative Session. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Hilstrom, seconded Councilmember Lasman to adjourn informal open forum at 7:00 p.m: Motion passed unanimously. 2. INVOCATION Elaine Bernards from the Prayer Breakfast Committee offered the invocation. • 09/25/00 -1- DRAFT 3. CALL TO ORDER REGULAR BUSINESS MEETING . The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:05 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Peppe reported that he attended the Housing Commission meeting on September 19, 2000. Councilmember Nelson reported that he attended the Association of Metropolitan Municipalities on September 13, 2000, participated in Reach Out and Read on September 18, 2000, attended the Earle Brown Days Annual Board meeting and Year 2000 Celebration Committee meeting on September 19, 2000, and on September 21, 2000, attended the Hennepin Parks and Recreation meeting. Councilmember Lasman reported that she attended a meeting on September 18, 2000, at the Brooklyn Center High School regarding Community Visioning and that the number to call if residents wanted more information is 763 -561 -2120 ext. 222. Councilmember Hilstrom informed the audience that the next scheduled meeting for the Highway 100 project had been rescheduled from September 27, 2000, to October 11, 2000. The meeting will be held at 7:00 p.m. in Constitution Hall. Mayor Kragness reminded the audience that the Random Acts of Kindness deadline for nominations was October 9, 2000, and shared that she attended the Minnesota Mayors Conference. MARILYN CORCORAN, HRG ADMINISTRATOR - REPORT ON HENNEPIN COUNTY GRANT TO HRG FOR A RECYCLING PILOT PROGRAM Marilyn Corcoran, Hennepin Recycling Group Administrator, reported on the upcoming pilot program for Simple One -Sort Recycling. Ms. Corcoran discussed that the program will consist of Crystal, Brooklyn Center, and New Hope residents, each consisting of approximately 200 housing units, every other week (same day as garbage), and will be done collaboratively with Waste Management. 09/25/00 -2- DRAFT The ro objective of the ram is to introduce a new collection method increase waste reduction J program • increase participation, and reduce collection costs. Mayor Kragness asked if residents will have to pay more for recycling during the program. Ms. Corcoran informed the Council that there will be no cost increase during the program and that it is a possibility if the program is initiated that the cost of recycling may not increase by much. Ms. Corcoran informed the Council that if there were any questions directed to the Council during the program that all calls could be forwarded to her. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the minutes from the September 11, 2000, study and regular sessions. Motion passed unanimously. 6b. LICENSES • A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the following list of licenses. Motion passed unanimously. AMUSEMENT DEVICES - VENDOR Dandy Amusements International 15455 San Fernando Mission Blvd., Mission Hills, CA MECHANICAL Burnsville Heating and Air 12481 Rhode Island Avenue South, Savage Total Air Supply 541 North Wheeler Street, St. Paul Total Refrigeration Systems, Inc. 221 South Concord Exchange, St. Paul Whelan-Davis Company, Inc. 7872 12th Avenue South, Bloomington RENTAL Renewal: 3713 47th Ave North Bill Modell TAXI CAB Thomas Omae (Metropolitan Taxi) 6836 Fremont Place North 09/25/00 -3- DRAFT 6e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2000 -158 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6d. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999-14, CONTRACT 1999 -D, EARLE BROWN DRIVE STREET IMPROVEMENTS RESOLUTION NO. 2000 -159 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999 -14, CONTRACT 1999 -D, EARLE BROWN DRIVE STREET IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6e. RESOLUTION APPROVING FINAL PLAT, JOSLYN SECOND ADDITION RESOLUTION NO. 2000 -160 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, JOSLYN SECOND ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 09/25/00 -4- DRAFT • 6f. RESOLUTION RELEASING LOT 3, BLOCK 1, JOSLYN ADDITION, FROM A UTILITY MAINTENANCE AGREEMENT RESOLUTION NO. 2000-161 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION RELEASING LOT 3, BLOCK 1, JOSLYN ADDITION, FROM A UTILITY MAINTENANCE AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7. PUBLIC HEARING 7a. AN ORDINANCE AMENDING ORDINANCE 98 -03 REGARDING COUNCIL SALARIES FOR 2001 -2002 AND ACCEPTING RECOMMENDATION OF FINANCIAL COMMISSION Assistant City Manager Jane Chambers discussed that this ordinance amendment would amend the Council salaries for 2001 and 2002. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. Donn Escher, Financial Commission Chair, addressed the Council to encourage the Council to adopt this ordinance amendment. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. Mayor Kragness commended Mr. Escher and the Financial Commission on all the hard work they have done. ORDINANCE NO. 2000 -10 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING ORDINANCE 98 -03 REGARDING COUNCIL SALARIES FOR 2001 -2002 AND ACCEPTING RECOMMENDATION OF FINANCIAL COMMISSION 09/25/00 -5- DRAFT The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 2000-021 SUBMITTED BY RYAN COMPANIES US, INC. REQUESTING SITE AND BUILDING PLAN APPROVAL FOR A 110,700 SQ. FT. INDUSTRIAL BUILDING AT THE NORTHWEST CORNER OF AZELIA AND LAKEBREEZE AVENUES NORTH (4830 AZELIA AVENUE NORTH). THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS SEPTEMBER 14, 2000, MEETING. Planning and Zoning Specialist Ron Warren discussed Planning Commission Application No. 2000- 021 submitted by Ryan Companies US, Inc. Ryan Companies US, Inc., on behalf of Twin Lakes II, LLC (Paul Hyde) is seeking "site and bailc:ing approval for the second phase of the redevelopment of the old Joslyn Pole Yard site and surrounding property to the south. The property in question is zoned I -2 and is the proposed Lot 1, Block 1, Joslyn Second Addition, which received preliminary plat approval by the City Council on August 14, 2000, under Planning Commission Application No. 2000 -018. The Planning Commission considered this matter at its September 14, 2000, meeting and is making a recommendation to the City Council for approval subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined on cost estimates shall be submitted prior to the issuance of permits to assurance completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The buildings are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 09/25/00 -6- DRAFT 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas with the exception of where surmountable curb is provided for handicapped accessibility. 9. The applicant shall submit an as -built survey of the property, improvements, and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 12. Storm water drainage systems and the detention pond shall be approved by the Shingle Creek Management Commission prior to the issuance of permits. 13. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current standard specifications and details. 14. The plans shall be modified prior to the issuance of permits to indicate the nature and extent of berming to be provided in the green strip areas along Azelia and Lakebreeze Avenues. The rise of said berming shall be at least 4 1 /Z ft. measured from the elevation of the parking lot. 15. There shall be no dead storage of trailers on the site. Said vehicles are to be parked or stored at loading dock areas only. 16. The plat approval under Planning Commission Application No. 2000 -018 shall receive final approval by the City Council and be filed with Hennepin County prior to the issuance of building permits. 17. Approval of this application comprehends only Phase II of this overall redevelopment plan. Phase III is subject to a subsequent site and building plan application. 18. The lighting plan shall comply in all respects with Section 35 -712 of the City Ordinances. . 09/25/00 -7- DRAFT A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve Planning Commission Application No. 2000 -021 subject to the above listed conditions. Motion passed unanimously. 8b. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING BUILDING SETBACKS ALONG MAJOR THOROUGHFARES Mr. Warren discussed that amending this ordinance would modify building setbacks for commercial buildings located along major thoroughfares in the City. A motion by Councilmember Peppe, seconded by Councilmember Hilstrom to approve first reading of ordinance and set October 23, 2000, for second reading and public hearing. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION DETERMINING NEGATIVE DECLARATION OF NEED FOR ENVIRONMENTAL IMPACT STATEMENT FOR IMPROVEMENT PROJECT NO. 2000-16, PALMER LAKE PONDS, AND 2000 -17, PALMER LAKE TRAIL Public Works Director Diane Spector discussed the City Council previously authorized a professional service contract with WSB and Associates, Inc. to provide design and permitting services for these projects. As part of the environmental permitting process, the consultant prepared an Environmental Assessment Worksheet and solicited comments from regulatory agencies. The 30 day review and comment period has ended and it is recommended by resolution that the Environmental Impact Statement is not required for the Palmer Lake water quality and trail improvements. Council discussed the Palmer Lake area and the outcome of the recommendation being proposed. RESOLUTION NO. 2000 -162 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION DETERMINING NEGATIVE DECLARATION OF NEED FOR ENVIRONMENTAL IMPACT STATEMENT FOR IMPROVEMENT PROJECT NO. 2000 -16, PALMER LAKE PONDS, AND 2000 -17, PALMER LAKE TRAIL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 09/25/00 -8- DRAFT • 9b. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF RON RAUCHEL FOR HIS YEARS OF DEDICATED PUBLIC SERVICE WITH MN/DOT RESOLUTION NO. 2000 -163 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF RON RAUCHEL FOR HIS YEARS OF DEDICATED PUBLIC SERVICE WITH MN /DOT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to adjourn the City Council meeting at 8:04 p.m. Motion passed unanimously. • City Clerk Mayor 09/25/00 -9- DRAFT City Council Agenda Item No. 7b City of Brooklyn Center • A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: October 4, 2000 —of SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on October 9, 2000. MECHANICAL Fireworks Fireplace Installation 253 Horizon Avenue, Sartell Sharp Heating and Air 4854 Central Avenue NE, Columbia Heights • RENTAL Renewal: 5137 -39 France Avenue North Randall Tyson 6809 Fremont Place North Terry Hartmann 5400 Sailor Lane Duane Christiansen Twin Lake North Apartments Lang Nelson Associates Initial: 5233 Drew Avenue North James Bagwell SIGNHANGER Crosstown Sign Inc. 10166 Central Avenue NE, Minneapolis Electro Neon and Design Inc. 1680 99th Lane NE, Blaine 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 - (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 - FAX( 63) 569 -3434 FAX (763) 569 -3494 City Council Agenda Item No. 7c City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager Y Y g FROM: Sharon Knutson, City Clerk DATE: October 9, 2000 SUBJECT: Appoint Additional Election Judges to Serve in the General Election Minnesota State Statutes, Section 204B.21, Subd. 2, requires election judges be appointed by the governing body. The following ndividual has qualified to be an election judge, and it is requested the City Council appoint g q J g, q Y pp him to serve as an election judge for the general election, November 7, 2000. Jean Carlson Terry Sibben Luverne Toll i 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City Council Agenda Item No. 7d MEMORANDUM DATE: October 4, 2000 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that th?v, resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER ------------------------------------------------------------------------------------------------- CITY OF BROOKLYN CENTER 7124 CAMDEN AVE N 202 CITY OF BROOKLYN CENTER PALMER LAKE TRAIL 203,204 PAUL HINCK 4715 FRANCE AVE N 205, 206, 207, 208, 209,210 WILLIAM WENSEL 5453 4TH STN 211 MARK KAMMERER 5541 BRYANT AVE N 212 ROBERT & MARGARET DAVIS 5415 FREMONT AVE N 213 BETTY GUSTAFSON 5442 JAMES AVE N 214 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor • ATTEST: City Clerk RESOLUTION NO. • The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8a MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: October 3, 2000 SUBJECT: Resolution Approving a Levy Certification Tax Rate Increase A provision in the 1999 Omnibus Tax Bill requires cities to hold a public hearing and adopt a resolution before a "levy certification tax rate" increase may be allowed. The State's concern arose over past claims by some cities that they made no increase in property tax rates. This happened even though the cities certified an increase in the dollars levied as property tax, but the tax base grew enough so that the tax rate didn't increase. A fairly complicated calculation is now required in which the coup computes what the tax Y P q t3' P revenue would be if there were no increase in tax base and compares that to the preliminary tax levy. Any increase shown by this calculation requires the city to hold a public hearing and pass a resolution acknowledging that the preliminary tax levy represents a tax increase. In the absence of these actions, the county is prohibited from implementing the city's tax increase. Attached is the county's notification to the city of their calculation. It omits debt service levies and subtracts out fiscal disparities. This makes it difficult to directly compare to the tax levy in the form adopted by the city. Operating tax levies in 2000 were $6,702,315 for the General Fund and $208,495 for the Economic Development Authority. Operating tax levies in 2001 are $7,001,904 for the General Fund and $216,731 for the Economic Development Authority. This is an increase of $307,825. Hennepin County's calculation estimates that the City's tax capacity rate will increase from 32.54% in 2000 to 34.41% in 2001 as a result of the tax levy increase. • Member introduced the following resolution and moved its adoption: is RESOLUTION NO. RESOLUTION APPROVING A LEVY CERTIFICATION TAX RATE INCREASE WHEREAS, the City Council of the City of Brooklyn Center conducted a public hearing at its regular Council meeting of October 9, 2000; and WHEREAS, at the public hearing opportunity was given for any public input or comment on the levy certification tax rate increase as calculated by the Hennepin County Auditor based on State Statute; and WHEREAS, Minnesota Statutes require the City Council to pass a resolution authorizing a higher levy certification tax rate to be filed with Hennepin County on or before October 20, 2000 if the property tax rate represents an increase over the 2000 rate; and WHEREAS, The City Council passed Resolution 2000 -155 on September 11, 2000 which sets a preliminary tax levy for the year 2001; and WHEREAS, Hennepin County has reported to the City that the preliminary tax levy for the year 2001 does represent a higher levy certification tax rate than the 2000 levy certification tax rate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the county auditor is authorized to fix a property tax rate for property taxes payable in the year 2001 that is higher than the tax rate calculated pursuant to Minnesota Statutes 275.078 for the City for taxes levied in 1999, collectible in 2000. 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. Hennepin Count i An Equal Opportunity Employer September 29, 2000 City Clerk and/or Finance Director City of Brooklyn Center To Whom It May Concern, • The levy certified by the City of Brooklyn Center (herein called the "DISTRICT "), for taxes payable in 2000, less the amounts, known to our office, levied to pay general obligation bonds, is $6,910,810.00. • The DISTRICT's area -wide portion of the levy under Minnesota Statutes, section 276A.06, subdivision 3, or section 473F.08, subdivision 3, for taxes payable in 2001, is $1,562,250.00. • The sum of the net tax capacity adjustment amount and the fiscal disparities adjustment amount under Minnesota Statutes, section 273.1398, subdivision 2, for aids payable to the DISTRICT in 2001, as reported to • this office by the MN Department of Revenue, is $ -. In accordance with Minnesota Statutes, Section 275.078 the Hennepin County Auditor certifies the following: 1. The "levy certification tax levy" of the DISTRICT for taxes payable in 2000 is $5,348,560.00. 2. The taxable net tax capacity used to determine the proposed tax rates of the DISTRICT for taxes payable in 2001 is 16,440,463. 3. The "2000 levy certification tax rate" for the DISTRICT is 32.54 %. Based upon the proposed levy for taxes payable in 2001 certified by the DISTRICT on or before September 15, 2000: • The proposed levy for taxes payable in 2001, less the amounts, known to our office, levied to pay general obligation bonds and less the fiscal disparity area wide levy is $5,656,385.00. • The taxable net tax capacity used to determine the proposed tax rates of the DISTRICT for taxes payable in 2001 is 16,440,463. • The estimated "2001 levy certification tax rate" is 34.41 %. Taxpayer Services Department • A -600 Hennepin County Government Center Recycled Paper Minneapolis, Minnesota 55487 -0060 Page 2, LCTR Certification for Pay 2001, 09129/00 • In order for the County Auditor to fix a tax rate based upon the proposed tax levy certified by the DISTRICT, a resolution authorizing a higher levy certification tax rate must be filed with our office on or before October 20, 2000. Sincerely, Gloria Roy al. Deputy County Auditor Tax Accounting Supervisor City Council Agenda Item No. 9a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING BROOKLYN CENTER LIONS CLUB WHEREAS, the Brooklyn Center Lions Club has provided 46 years of dedicated service to the Brooklyn Center Community; and WHEREAS, the Brooklyn Center Lions Club over those 46 years has made many contributions of public service and money to the City of Brooklyn Center providing enhanced opportunities for the residents of Brooklyn Center, especially opportunities and facilities serving our youth; and WHEREAS, the Rotary Club of Brooklyn Center is honoring the Brooklyn Center Lions Club for their 46 years of dedicated service on October 17, 2000; and WHEREAS, the City of Brooklyn Center has previously recognized the Lion's many contributions to the City and the community; and WHEREAS, the City Council of the City of Brooklyn Center wishes to again . recognize the Brooklyn Center Lions Club as they are honored by the Rotary Club of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Lions Club be and hereby is thanked and recognized for their 46 years of dedicated service to Brooklyn Center, and be it further resolved by the City Council of the City of Brooklyn Center that the month of November 2000 be, and hereby is, designated as Brooklyn Center Lions Club Month in recognition of the many and substantial contributions made by the members of the Brooklyn Center Lions Club to making Brooklyn Center a better place to live, work, and play. 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. THE ROTARY CLUB OF BROOKLYN CENTER .�12✓I�C2�S, T'HE BROOKLYN CEA I ER � LIONS CLUB FOR THEIR 46 YEARS OF DEDICATED SERVICE TO 1lROOKYN CENTER!!!! WHEN: TUESDAY, OCTOBER 17TH- NOON WHERE: HOLIDAY INN- BROOKLYN CENTER LUNCHEON PRICE: $10.00 RESERVATIONS: PHIL COHEN @ 763- 560 -9265 City Council Agenda Item No. 9b MEMORANDUM DATE: October 2, 2000 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide ` J SUBJECT: Resolution Expressing Recognition of John Mastley's Eagle Scout Landscaping Project at Eugene H. Hagel Arboretum On May 20, 2000, John Mastley and ten boy scouts from Troop #401 completed a civic project which allowed him to achieve the rank of Eagle Scout in the Boy Scout organization. John directed a project which included building a modular block retaining wall at the Eugene H. Hagel Arboretum. The wall was designed to eliminate erosion 2nd stabilize a bank sloping to the pond. After taking pictures and measurements a site plan was drafted by John and submitted to the Boy Scouts for approval. Upon approval, the Public Works Department committed to furnish materials and technical assistance and John coordinated the labor and construction. Under the direction of John the scouts were responsible for laying block and backfilling and spreading a wood chip surface on the area. The Public Works Department provided a maintenance person for additional hauling of materials and technical help. The results of this project will provide a long term impact - as it resolves some of the erosion control measures at the Arboretum. U eforel V� Ir ""i, a-: y �' • •(�, �`, "r' O�l.:: J: °,e�'�y °,; . ^.tip • 'V � i i J � Vr,e. .'�yy �y dFd A sloping bank at the north end of the Arboretum needed to be stabilized to eliminate further erosion. Aftew .ilk' �. ~ •';� . +�* John Mastley stands proudly in front of the completed modular block retaining wall. IP ar ±yn John and his father Douglas work hand in hand to construct the retaining wall. t I I I SSS VV F City Staff member Scott Crocker (third from left) inspects the project during the early stages of construction. rw / F L I 1/ IV;ftVeeWI1 13 P h Boy Scout Troop #401, along with family members, friends and City Staff take a break during the project. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF JOHN MASTLEYS' EAGLE SCOUT LANDSCAPING PROJECT AT EUGENE H. HAGEL ARBORETUM WHEREAS, John Mastley is a member of Boy Scout Troop #401; and WHEREAS, John has achieved the Eagle Scout rank which is the highest rank within the Boy Scout organization; and WHEREAS, there are several requirements which must be met in order to achieve the rank of Eagle Scout and this generally takes a minimum of three years; and WHEREAS, one of the requirements of the Eagle Scout rank is to plan and complete a project which is beneficial to the school, church or community; and WHEREAS, John chose to direct a landscaping project at the Eugene H. Hagel Arboretum as his Eagle Scout project and in doing so organized and directed volunteers; and WHEREAS, John's hard work and dedication to this project, which is not only beneficial to the City as owners of the Eugene H. Hagel Arboretum but also to the community as a whole, deserves the appreciation and thanks of the City Council of the City of Brooklyn Center and the citizens of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the landscape project planned and directed by John Mastley as his Eagle Scout project is greatly appreciated and will help resolve some of the erosion concerns at the Arboretum. Date , Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 9c i PROCLAMATION DECLARING OCTOBER TO BE VIOLENCE PREVENTION MONTH AND OCTOBER 12, 2000, TO BE TURN OFF THE VIOLENCE DAY WHEREAS, violence is not an acceptable way to solve problems, get control, assert power, or be entertained; and WHEREAS, violence is a learned behavior not to be tolerated in any form from children or adults — violence can be unlearned and alternative behaviors can be taught; and WHEREAS, children learn appropriate and inappropriate behaviors from their families, schools, community institutions, organized sports, and the media — adults need to help build children's assets through role modeling and promoting positive youth development; and WHEREAS, by building on assets, strengths, or protective factors of positive development for all youth, a family, school, and community can counteract the destructive factors contributing to violence; and WHEREAS, creating a safe place where children can learn and grow depends on a partnership among students, parents, teachers, as well as other community institutions; and • WHEREAS, Turn O The Violence is a national community-based awareness campaign .� n Y p g educating and empowering individuals to choose nonviolent entertainment and nonviolent responses to conflict. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim October 2000 as Violence Prevention Month and Thursday, October 12, 2000, as Turn Off The Violence day in the City of Brooklyn Center. I call upon the citizens of Brooklyn Center to join together to highlight violence -free activities as alternatives to violent entertainment. Date Mayor Attest: City Clerk • Champlin Park High School Joan Molenaar 6025 - 109th Avenue North • • Initiative Coordinator Champlin, MN 55316 506 -6847 Together. for Kids Ct D ayto n September 13, 2000 IL City Staff and Councils: 1 � We would like to encourage yo to resolutions r the Month of October encouraging and promoting violence is Violence Prevention Month. October 12, specifically, is also "Turn off the Violence Day" so you might also consider promoting the specific day. Enclosed are flyers about activities happening rn: ' October 10, 7 — 8:30 PM at the Brookdale Area LihVry: please post and promote on your cable ar�i your council announcemen October 12 — 7 PM at Champlin Park High School • Secondly, Together has arranged with Champlin Park High School to have bulletin board area for community youth news. You might wish to begin to post your community youth news /events and volunteer opportunities by sending them to Together's attention at the address on the heading. There is also a "job opportunity" board at Champlin Park so you may wish to share this with the businesses in your community. • f. We look forward to opportunities to work together. Let us know or invite us to participate. Thank you. w � • v � —� � - -'� � - — rJL u•+ I J:JCJJ I C:L/ !'JG ' •« i1 ., i .•yrr: 'M1' 45..1 "• .'1'. -f ' _ i , • f 1 •.+: . . Ifs, ,l�f~• + i 4• f ._ .5' :�' rr' ^IV' :.�. ..f. «.' _ . ° : i :i _ ;4 -A.1.4 - • 1 ' � t ••.,� •:i ::'•r_. :7Y;Sy� ' ..r i rs ^,• ..� : . (, 5 y'.' y • •I'.... ' .7 • i. . i . . y -i' ''M ' , _ .. t 5 st _ i ; ..i 1 .. •• .. —1 �.i ... ,•_ " . r ... '•7• �' Y'.:.} _,�' : :t�' M .T �• ^ s': • �•!'' •tJ•.r+'`..• : ,'t ' +�.r,:�+�r..: . I ' ._, •/: •h, •';•.Y•'r.•. •'1•,':111:•, : ;:.:!,J .,.. •.ti ••1 (^� .f n'" C R • �a' stir .. • (•.:\'i c. :. .f: •.� ;t.:. ,'i„r \ �i:: t:.,i.. _.:'' �K.,' 5�� .r... :. ' •41• • a ; f •:�• ', ti er ^.: ,{, ' I=.., • 2 , .! rY•' •t 'M• ' : 1 L: N•:•': r i • i ••. w.t ,i'.r" =•l: !. 4• r J. l.. I ''/rrte�• %.' M1 f '�Y `r :.• J .,,.�:. ,,,.. �G. flat t;�';t1� ; t1'1 �P.t�1. • �..Sr �J �'.�r_': „'iii %f l: L'. ' "f :� , C ryr� �. th : eac :� ri emir% - se.-N. { k :.t vaf , cl C � '' • . i: ,i ' •,. !�. .5 -., � = •:Stiff._ Ar '1' es =Cro A 5 • i . \ : '•J •. is J : •, 11 ..,:.. •,:' 'i•.; , ';• .•,jj' •:_:, .:A.s • , .r' .. .yY. ' �. 1 •r.r , 1•v • t• i� R y enne ' 'nau t�orve 'lec l• .Far rlies,;Mal�e W6 - 'P. 'ce: :pair+' tid B�aQldgf� lirci i " J ' A • i 4'; • y •f '•1 , ' /'.. :.cif•• ':' •' }'{ � «: ' 1h t NEP om_ Y .H i rt h , - �Pit.' 611 i Ski . C.i -Pa • i .. . ♦ W4/YY . .. .. :1 TOTAL P.02 Parents. P Y ">" Oxbow Creek, Park View ECC, Champlin, Dayton, Riverview, Monroe and Evergreen Park Schools have joined together to sponsor a parent evening with Dr. Walsh. We feel he has an important message for all of us who are concerned about our children. Please join us for this event! Topic? Impact of Media on our Children When? Thursday, Oct. 12th 7:00 PM Where? Champlin Park HS Auditorium Cost? None! Child care for children aged 2 - 10 will be provided. Pre - ` registration for children is required - please call 506 -3800 prior to Oct. 10th so arrangements can be made. f A special thanks to "Together for Kids" and Champlin Kiwanis for their financial support of this event! David Walsh, Ph.D. President, National Institute on Media and the Family Dr. Walsh is the president and founder of the National Institute on Media and the Family based in Minneapolis, MN. Psychologist, educator, author and parent of three Dr. Walsh has emerged as one of the leading authorities in North America on the impact of media on children and families. He has written six books including the award winning Selling OutAmerica's Children. He also wrote the American. Medical ' articles for the professional and Association's Physician Guide to Media Violence as well as many art general p g press. David Walsh, Ph.D. is a highly sought after national speaker. His presentations focus on the impact of mass media on children and the implications of that influence for school performance, literacy, and violence prevention. He describes the impact of mass media in the context of the recent discoveries about children's brain development. He is able to explain to both professional and lay audiences how and why media is as influential as it is. His presentations are down to earth, understandable, engaging, and laced with warmth and humor. Dr. Walsh is a frequent guest on national radio and television. He has appeared on such programs as NBC Dateline, CBS This Morning, The News Hour with Jim Lehrer, and National Public Radio's All Things Considered. His work has been covered in major newspapers such as the New York Times, Wall Street Journal, Washington Post, Los Angeles Times, Time Magazine, Reader's Digest, and others. Bill Moyers featured Dr. Walsh's work on a Public Television special. Dr. Walsh received his Ph.D. in psychology from the University of Minnesota. He is currently on the faculties of the University of Minnesota and the University of St. Thomas. He has been the recipient of many award Harriet B re the outstanding Minnesota psychologist. He s mcludin the H urns award presented annually to g P Y g and Erin. lives in Minneapolis with his wife Monica and three children Dan, Brian, Champlin Park High School Joan Molenaar 6025 - 109th Avenue North • • • ' Initiative Coordinator Champlin, MN 55316 506 -6847 Together ; AN POUT; for Kids Qbaa= Brooklyn Center Brooklyn Park • Daytg If you are needing part time help and could hire high school students: Champlin Park High School has a JOB FAIR Bulletin Board Available for posting your opennings. Call Together at above number, or Gerry Hegna, Asst Administrator 506 -6800 Or mail to the above address. City Council Agenda Item No. 9d PROCLAMATION DECLARING OCTOBER 22-28,2000, AS WORLD POPULATION AWARENESS WEEK WHEREAS, world population today exceeds 6 billion and continues to increase by 1 billion every 13 years; and WHEREAS, the environmental, economic, and social consequences of rapid population growth are not limited to the developing world but extend to all nations and to all people; and WHEREAS, 1.5 billion people live on less than one dollar a day, 790 million go to bed hungry every night, and a disproportionately large share of the poorest of the poor and the malnourished are girls and women; and WHEREAS, in developing countries two- thirds of the 130 million children not attending school are girls; and WHEREAS, with each passing minute a women somewhere on Earth dies from pregnancy or childbirth complications, a total of 600,000 every year; and WHEREAS, in addition to deaths, each year at least 7 million women are estimated to suffer serious effects and as many as 50 million women suffer some health consequences resulting from childbirth; and WHEREAS, up to one half of the nearly 175 million pregnancies each year are unwanted or ill- timed; and WHEREAS, 350 million married women in developing countries still lack access to information, education, and the means to obtain a range of modern family planning methods; and WHEREAS, the theme of World Population Awareness Week this year is "Saving Women's Lives ", with a strong commitment to establishing as a major health priority the reduction of maternal mortality and morbidity through safe, efficient, effective, affordable, and voluntary interventions that respect cultural and moral convictions. NOW, THEREFORE, 1, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim the week of October 22 -28, 2000, as World Population Awareness Week and urge all citizens of our state to take cognizance of this event and to participate appropriately in its observance. Date Mayor Attest: City Clerk • THE POPULATION INSTITUTE 107 Second Street, N.E. September 22, 2000 Washington, DC 20002 (202) 544 -3300 Fax (202) 544 -0068 OFFICERS AND DIRECTORS The Honorable Myrna Kragness PRESIDENT Office of the Mayor Wemer Fornos 6301 Shingle Creek Pkwy. Suzanne Kellerman, Chair Brooklyn Center MN 55430 Marilyn Hempel, Vice Chair Jyoti Singh, Secretary Joyce W. Cramer, Treasurer Dear Mayor Kragness: Victor Morgan, Member At Large Jack Brandenburg For the past 16 years, The Population Insitute has sponsored World Population H.E. Anwarul Chowdhury Awareness Week (WPAW) in an effort to stimulate awareness about population Betty Cogswell, PhD. Donald Collins stabilization and the prevention of unintended pregnancies. Recognition of Van Crawford WPAAW ig esp e! •ia imp James Fri ortant this y ear becau -_e th ere are 350 milloon Evcmen in Sally Epstein the world who still lack the education on and access to the modern family Robert Gillespie planning met hods we so often take for granted in this country. The majority of Jean Greene Bruce Halliday M.D. these women live in the poorest countries of the world where over 97 percent of Ma u ss Staff Hempel the world's growth is occurring and over 1.3 billion people live in absolute ilyn Joel Johnson poverty— surviving on less than one dollar a day. Because your position as Walter Kohn, PhD. mayor provides you with high visibility and influence, I ask that you recognize William N. Leonard, PhD. Winford (Buck) Lindsay the importance of these issues by proclaiming WPAW for October 22 -28, 2000. Gayl D. Ness, PhD. Patricia Nielsen Nathan Schafer This year's WPAW is dedicated to "Saving Women's Lives" in recognition of the Rodney Shaw more than 600,000 women who die each year because of complications from Hon. Paul Simon Lindy Williams, PhD. pregnancy and abortion. The lack of education and funding for effective family Donald C. Wilson planning methods leads to 75 million pregnancies each year, out of a total of 130 El million that are unwanted and result in 45 million abortions and more than 18 million live births. Therefore, providing voluntary family planning methods PUBLIC POLICY ADVISORY reduces the need for and number of abortions. COMMITTEE Bett ward Chair The women we are writing on behalf of are often unemployed warped by the Hon. Thomas Allen � Hon. Chet Atkins conditions of poverty, and are unable to access safe and professional medical Hon. Barbara Boxer Dorothy Cullman care during pregnancy. These conditions are unacceptable in the United States. Kimball Faulkner Therefore, your proclamation of WPAW will send the message that you are Hon. Edward F. F n Hon. Elizabeth th Fur se dedicated to "Saving Women's Lives" and helping in the campaign to bring ur Hon. Sam Geidenson awareness and education to these important issues. Hon. William H. Gray III Hon. Bill Green Hon. Luis Gutierrez Last year, 242 mayors proclaimed WPAW. This year, our goal is to increase this Hon. Henry L. i m Leach number of p roclamations so that we can demonstrate the solidari of the United Hon. Jim Leach P Y Hon. Ronald Machtley States in this global challenge of "Saving Women's Lives." If you should need Hon. art R. Mott any further information or would like to discuss ways to become involved in Anjum Niaz WPAW, do not hesitate to contact our Public Policy Assistant, Summer Coish, at Hon. John E. Porter Dr. Glen T. Seaborg (202) 544 -3300 extension 120. Please send your proclamation to our office when Russell E. Train it is completed. Ted Turner Dr. James D. Watson Sincerely, A4,0 • Werner Fornos President Printed on recycled paper. E -mail: web@populationinstitute.org Website: httpJ /www.populationinstitute.org WORLD POPULATION FACTS Overview Poverty and Social Disintegration • The world's population surpassed 6 billion in • 1.3 billion people live in absolute poverty — surviving October, 1999. on less than $1 per day — with roughly 600 million people homeless or without adequate shelter. • Last year world population grew by nearly 80 million. Of this growth, 97 percent occurred in the poorest • 85 countries are unable to grow or purchase enough parts of the world. food to feed their populations — 840 million people are malnourished. • Because of the failure to come to grips with the problem of rapid population growth in previous • The African sub - continent is the fastest growing years, three billion young people, equal to the whole region in the world with the highest fertility rates, population of the world as shop` a time ago as 1960, doubling its population in 25 years. will enter their reproductive years in the next generation. Economy • By no later than the year 2025, the combined Unemployment in many countries of the developing population of Asia and Africa will be 6.5 billion, world is 30 percent or higher. 120 million people are significantly more people than now live on the entire actively looking for work; 700 million are classified as planet. underemployed — working long hours, often at back- breaking jobs that fail to even come close to meeting • 300 million women want and need family planning their needs. but lack either information or means to obtain it. • In 1950, only one city in the developing world had a population greater than 5 million; by the year 2000, Health there will be 46 such cities. • One billion people have no access to health care. The total worldwide annual cost of better reproductive health care is about $17 billion — less • Eight million infants under age one will die this year than one week of the world's expenditure on — 22,000 each day — many because their mother did armaments. not know how to allow appropriate intervals between pregnancies. Environment • More than 600,000 women die every year because 600,000 square miles of forest were cut down in the of complications from pregnancy and abortion, many last decade. because of unwanted pregnancies that could have been avoided through family planning. . 26 billion tons of arable topsoil vanish from the world's cropland every year. • 2.3 billion people live without adequate sanitation. • Global climate change is disrupting weather • At least 75 million pregnancies each year (out of a patterns; causing more severe droughts and total of 130 million) are unwanted. They result in 45 flooding, and increased threat to human health. million abortions and more than 18 million live births. • The number of rural women living in poverty in • There are an estimated 333 million new cases of developing countries has increased by almost 50 sexually transmitted diseases (STDs) each year. percent over the last 20 years, to an awesome 565 Worldwide, the disease burden of STDs in women is million. more than five times that of men. • • At least 1.5 billion people — nearly one - quarter of the world's population — lack an adequate supply of drinking water. W*P*A*W WORLD POPULA 7TON A WARENE55 WEEK October 22-28,2000 Savin g Women's Lives In the developing world the complications of pregnancy kill more than 600,000 women a year. That is one woman every single minute because so many lack the most basic health care. One woman in nine will die in pregnancy or childbirth in Niger and Rwanda, whereas only one in 7,300 will die in Norway and one in 3,500 in the United States. These same women are also less likely to have access to, or use modem contraception that could prevent the pregnancies that are killing them. Access to family planning and education are the two most important determinants of the well being of mothers and their children. The Population Institute is dedicating World Population Awareness Week to the issues of "Saving Women's Lives." - This year will be the 16th annual t " observance of WPAW. We • - encourage all community leaders t'B9/?Qt1C}i and organizations to participate in ;.. . this year's World Population Awareness Week by urging your ...�_• •;�ets�z�eitsrrfa mayors, governors and other elected ' :.dnl ' tir�r#e . officials to proclaim the week. A J. a sample proclamation is enclosed. If you need any assistance with WPAW please contact Angela y : , Taliaferro, WPAW Coordinator at: 1- 800 - 787 -0038, 202 -544 -3300 extension 113 if you are calling internationally, or e-mail ' ataliaferro @populationinstitute.org. ,+ + Thank you for your support. -icture from World Health organization web site http: / /www. who. int /rhttmsnVworld_heaikday.htm • The Population Institute 107 Second Street, NE • Washington, DC 20002 Phone: 202/544 -3300 • Fax: 202/544-0068 • E -mail: ataliaferro (�ponulationinstitute.ore http : / /www.populationinstitute.org THE POPULATION INSTITUTE WORLD POPULATION AWARENESS WEEK OUR PURPOSE W ♦ P ♦ A ♦ W The Population Institute is the World's largest independent, non - profit, educational organization dedicated exclusively to What is World Population Awareness Week achieving amore equitable balance between the worlds p o population, envrr nment and resources. Established in 1969, (WPAW). WPAW is an intense educational campaign designed to the Institute, with members in 172 countries, is headquartered on Capitol Hill in Washington, DC. u create public awareness about the startling trends in world population growth, the detrimental effects they have on our PROGRAMS planet and its inhabitants, and the urgent need for action in order to change this situation. We are striving to create a The Population Institute uses a variety of resources and world community concerned with bringing the world's programs to bring its concerns about the consequences of rapid population into balance with its resources and environment population growth to the forefront of the national agenda. They. include: Curbing population growth rates not only rests on private individual decisions about family size, but also on the ♦ Community Leaders Network network of educational techniques, economic institutions, P.I. actively recruits volunteers to speak out on population and political rules influencing these individual decisions. In issues at local and national levels. Today, 100,000+ strong, it is a sense, we all make policy. If we decide not to concern the only network of its kind in the international population field. ourselves with population policy, we are choosing to support Augmenting the U.S. leadership group we have an international the existing demographic patterns. network of leaders in 172 countries. W.P.A.W. HISTORY ♦ Public Policy: The Population Institute first conceived W.P.A.W. in 1985 Shoring up congressional support for passage on legislation for as a means of alerting the public to the startling trends in an increase in international population assistance and program world population growth and the need for immediate action. effectiveness. Internationally, we work with the United Nations The idea is one that continues to motivate growing numbers and foreign governments. of supporters. In 1989, just four years after its inception, WPAW branched far beyond the borders of the US to be ♦ Educate America Campaign observed internationally. Through lectures and discussions at colleges and universities and before service and community organizations, as well as In 1999 25 Governors, and 242 Mayors issued official through the electronic and print media, this campaign seeks to proclamations. In addition 296 organizations from 53 inform a public that will encourage its leaders to move forward countries co- sponsored the week and organized events with the projects and programs necessary to ensure global globally. Our goal is to surpass all previous figures and population stabilization at the earliest possible date. gather even more support. *Future Leaders of the World YGU CAN MAKE A DIFFERENCE ... This program provides young people with the opportunity to Your participation is crucial to the success of WPAW 2000. work as staff assistants at the P.I. for six-month tenures, Please join our efforts to inform educators, students, and them for professional life while instilling preparing P gin them a community leaders of the environmental and social commitment to this critical issue. consequences of rapid population growth by observing World Population Awareness Week (WPAW) 2000, *Media Relations "Saving Women's Lives." The P.I. works with print and broadcast journalists world -wide Communicate to your audience that world population to create public awareness about global population issues. actually should be some cause for optimism because it is one Timely, factual data is provided to more than 5,000 editors and social issue that we really can do something about. The reporters world wide. The P.I. also presents its Global Media world has all the necessary tools to bring population growth Awards annually for the world's best reporting on population into a more stable pattern. In this sense, world population matters. growth is not so much a problem as it is a challenge. We hope that you face this challenge and join in our efforts to ♦POPLINE create awareness about the population issue among citizens, P.I. publishes this bimonthly newspaper with a circulation of professionals, and policy makers around the world. ® over 65,000. World's largest newspaper dealing exclusively with global population concerns and is distributed to members of Congress, population activists, 2100 daily newspapers around the world, and conP es ondents in 160 countries. i City Council Agenda Item No. 9e • PROCLAMATION DECLARING OCTOBER 16 THROUGH OCTOBER, 20, 2000, AS NATIONAL BUSINESS WOMEN'S WEEK WHEREAS, working women constitute 62.7 million of the nation's work force and strive to serve their communities, their states, and their nations in professional, civic, and cultural capacities; and WHEREAS, women -owned businesses account for over one -third of all firms in the country and provide employment for one out of every four U.S. workers; and WHEREAS, major goals of business and professional women are to promote equality for all women and to help create better conditions for business women through the study of social, educational, economic, and political problems; and WHEREAS, all of us are proud of their leadership in these many fields of endeavor. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim October 16 through October 20, 2000, National Business Women's Week, and urge all citizens in Brooklyn Center, all civic and fraternal groups, all educational associations, all news media, and other community organizations to join this salute with Business and Professional Women/USA to working women, and encourage and promote the celebration of the achievements of all business and professional women as they contribute daily to our economic, civic, and cultural purposes. Date Mayor Attest: City Clerk City Council Agenda Item No. 9f 031 City of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and peppe From: Michael J. McCaule City Manager Date: October 4, 2000 Re: SEH France Avenue Study SEH met with residents on August 29th to receive comments and concerns regarding the routing of France Avenue after Highway 100 construction. SEH has been working on collecting data to respond to 77 questions and comments. Their original plan was to meet with residents at the end of . September. Due to the time required to collect data in response to the number of questions and concerns, the follow -up meeting with residents has been scheduled for Wednesday, October 11th in Constitution Hall at 6:30 p.m. After the meeting with residents, SEH will make a formal presentation to the City Council of the results of the meetings with residents and SEH's evaluation a recommendation. Tentatively, I would anticipate that this formal presentation would be made at the October 23rd or November 13th regular City Council meeting. Following the formal presentation, the recommendation would be placed on a subsequent City Council agenda (November 13th or 27th) for City Council action and direction on the France Avenue routing. i 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer 3535 Vadnais Center Drive, St, Paul, MN 55110 -5196 651,490.2000 651.490.2160 FAX architecture engineering environmental transportation i September 29, 2000 RE: Brooklyn Center, Minnesota Highway 100 Reconstruction SEH No. A- BROCT0101.00 Dear Brooklyn Center Resident: We met with a number of residents of the area on August 29, 2000 at the Brooklyn Center Community Center. The meeting was to provide us with comments and concerns regarding a proposal to relocate France Avenue to the west, and connect to Lake Breeze Avenue and Azalea Avenue as part of the Highway 100 construction. This construction will replace the at -grade intersections of Highway 100 with Indiana Avenue and France Avenue with an interchange. We have been hired by the City to review the concerns expressed by resident.% and the meeting was our first step in that process. At the meeting, we received quite a number of comments. We also received several additional comments by mail. We combined and organized all of the concerns expressed at the meeting verbally and on the comment cards which were filled out. Our final list had 77 questions and comments. Since the meeting, we have been collecting data and gathering information to respond to those 77 questions and comments. This has taken more work than we initially anticipated. As we indicated at the meeting, we wanted to share the data and information collected at a second meeting and discuss potential modifications that may have been suggested, or that may result from the data we have collected. The meeting has been set for 6 :30 p.m, on. Wednesday, October 11, 2000. The meeting will be in Constitution Hall at the Brooklyn Center Community Center, 6301 Shingle Creek Parkway, the same location as the first meeting. To access the room, please park in the area north of the Community Center, which is on Shingle Creek Parkway, just south of 1-94. The entrance to Constitution Hall is at the north end of the Community Center, We appreciated the time that many residents took to attend the meeting and to provide us with their comments and questions. We look forward to working with you to present the data and information and, hopefully, to resolve the problems which might ekist. Sincerely, Glen Van Wormer, P.E. Project Manager Short Elliott Hendrickson Inc, Offices located throughout the Upper Midwest Equal Opportunity Employer We help you plan, design, and achieve. City Council Agenda Item No. 9g CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of November, 2000, 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 23 of the City Ordinances Relating to Amusement Devices. 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 23 OF THE CITY ORDINANCES RELATING TO AMUSEMENT DEVICES i THE C.;ITY COUNCIL. OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: AMUSEMENT DEVICES Section 23 -2101. LICENSE REQUIRED. B. No ve A dor as defin hefcin Shall ymvi e m &View to any ep:.14tb 6r anau c a3 hcrcitla ' e Provided. Section 23 -2102. DEFINITIONS. B. "Venda-r' por3olt, firm, paztttership eiz ;,orparat4on wh4eh avm3 one or 3 s -ach d„ eetAer operator, or to the operator &gc ar owna of an establisl-ffne auth +_ �,., _., gum nicnt duAcc3 em hi3,%er p�::r: �: s for pu blie use. Section 23 -2103. APPLICATION FOR LICENSE. B. Vender' L'Qcrn�e applieatimt - f6ilo wing infcfIn3 ion: 1. ?�mne and address ofvettdar. -- EoefttiJn 3r loClatio:13 whcT;, a -M- settteitt a.._ iee Will INC, us -.;47 ORDINANCE NO. z Pri or mi - � efmm , , if an Y�at -e� fL "ii711y vvai r i � i . F.- vi6�ion& J ^. if the interest - o= - the v�,i1u r oth:ar b siftess entity, the names of any persans lt�ing a U> 6i mote - interest "'in said bttsiness entity shall be listed. Section 23 -2104. LICENSE FEE. B. At the time of application for an operator's license or v,;. a.._'.. Been, -. the applicant shall pay in full an investigation fee as set forth by City Council resolution. If at any time an additional investigation is required because of a change of ownership or control of a corporation or partnership previously licensed, the licensee shall pay in full an additional investigation fee as set forth by City Council resolution. Investigation fees shall not be refunded. Section 23 -2115. AMUSEMENT DEVICES - RESTRICTIONS AND LICENSE • REVOCATION. D. Every operato vendor in making application for a license hereunder, acknowledges that the license is a personal privilege and does not constitute property, and is not transferable. E. Any violation of this ordinance, or any failure to comply with any provisions of this ordinance, or any failure to comply with any conditional restriction of any special use permit issued with respect to the licensed premise, is hereby deemed to be adequate grounds for revocation of the license for all amusement devices on the licensed premis or i n the eas o � ,Y;, :ri all afftusei9Yei3t dc'vicc3 pro,i &-d to liecn3cd prc,:riises- fithin thz Gity - @f Brooklyn . Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2000. ORDINANCE NO. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) • • 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E D http: / /www.kennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere @kennedy- graven.com CONFIDENTIAL — ATTORNEY /CLIENT COMMUNICATION August 30, 2000 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Amusement Device Licensees a Dear Mike: As you will recall, prior to this spring, the City charged a fee for a pool table license of $35.00 per pool table. The City was sued by Mendota Valley Amusement, Inc., which challenged the City's licensing fee, alleging it was a violation of Mimzesota Statutes, §449.15 which restricted fees which the City may charge on amusement devices. (A copy of my letter to the City Council relating to that suit is attached.) The City agreed to reduce the license fee to $15.00 per location and $15.00 per amusement device and the case was settled. Recently another aspect of the City's fees for amusement devices has been challenged. The City charges $150.00 for a vendor's license under City Code §23 -2101. This fee has been challenged 1N„ ±'�Vn �r.�,�nrc, On i (;Pne Winctefi, wl,n i-. a BI(-oninCton city Council member. represented by attorney Tom Lehman, (the same attorney who sued the City over pool table fees.) Mr. Winsted has paid his fees and is currently licensed. The other party challenging the fees is Mendota Valley, which is the party that challenged the pool table license fee. Mendota Valley has paid tho fees of $15.00 per location and $15.00 per machine, but has refused to pay the vendor's license fee, and is currently operating without a license. The basis for the challenge is the argument that charging a fee for vendors violates Minnesota Statutes §449.15 which provides "A ... city may impose by ordinance a license fee on amusement machines of no more than the demonstrated and verifiable actual cost of issuing the license or . $15 per location plus $15 per machine." CLL- 155421 v 1 BR-291-4 Mr. Michael McCauley August 30, 2000 • Page 2 of 3 A city will have to decide whether to proceed to enforce its ordinance requiring a vendor's license against Mendota Valley. Since no law suit has been brought by any party challenging the license fee, the City's best course to pursue if it wishes to attempt to continue to collect the fee would be to bring a criminal prosecution against Mendota Valley for operating as a vendor without a license. The prosecutor should be consulted about this course of action. However, I would anticipate that the company would attempt to defend the action on the ground that they did all that was required for a license except to pay the fee, and that the fee charged is unlawful under Minnesota Statutes, §449.15. I assume that the City would have several responses to this claim. The first is that it is not a defense to a criminal action that a fee is too high. If the vendor felt that the fee was inappropriate, the fee should have been challenged by civil action, as Mendota Valley did in the case of the pool table license fee. This argument might avoid having to defend the fee in the criminal prosecution. However, a civil challenge to the ordinance could still be brought by Mendota Valley, or any other vendor. The City ould also argue that Minnesota Statutes 449.15 limits the amount that can be Y g § charged to license amusement devices but does not limit the amount that can be charged for vendors' licenses. The vendor would probably argue that the licensing of a vendor, and charging a $150.00 fee, is a subterfuge to avoid the limitations of §449.15. The vendor could point out that the City does not license other kinds of vendors nor are there other cities which license amusement device vendors. These facts would tend to call the City's practice of licensing vendors into question. Finally, the city could argue that Mendota Valley challenged the licensing ordinance and that the City settled the case, and that therefore Mendota Valley may not now bring up new arguments. However, even if the City prevailed on this argument, the ordinance could be challenged by any other vendor. In addition to a challenge based on the statute, the City may at some point be faced with an additional basis for challenging the licensing fee. With very few exceptions, a City cannot use a licensing fee as a revenue measure. Such fees may be used to recover a reasonable approximation of the administrative costs associated with the permitting process. However, they cannot be set at a level substantially in excess of the costs to the City related to permit administration so that they become an additional source of revenue for the City. At the current time, fees recovered for amusement devices based on $15 per location and $15 per machine generate approximately $1440 in revenues. Based on discussions with the City Clerk • and Police Chief, it would seem that this amount is more than sufficient to cover the cost of permit administration, including the licensing of vendors. CLL- 185421vl BR291 -4 Mr. Michael McCauley August 30, 2000 Page 3 of 3 If vendor licenses are reviewed independently, the amount recovered is probably well in excess of actual costs. Chief Downer reported that a typical background investigation, if one is done, for a license of this kind, would be 15 to 30 minutes of clerical time. Furthermore, this is only done at the time of the initial application and not for renewals. Therefore, the costs of licensing would be well below the annual fee of $150 charged for such licenses. There are currently seven vendor licenses in the City. Therefore, at $150 per license, the City recovers $1050.00 in license fees. It is possible that Mendota Valley, or another vendor, could challenge the fee in District Court, and the City would be forced to defend its fee structure. This could occur at any time. In such a suit, the fee would be difficult to defend given the low actual costs cF administering the licensing process for vendors. If all vendors operating in the City were currently licensed, the City could wait for a law suit challenging the fee. However, Mendota Valley has forced the issue by refusing to pay the fee. Therefore, there is currently one vendor operating in the City without a license. It seems likely that prosecuting Mendota Valley for operating without a license would prompt a legal challenge to the ordinance. Therefore, before the City begins to incur legal expenses, either for criminal prosecution or for defense of a civil suit, the Council may which to consider whether it wishes to eliminate the vendors license, or the fee for a vendors license. In this regard, it might be helpful to seek input from the police department about whether any significant police concerns are addressed by a process which licenses vendors of amusement devices. Please let me know if you have any further questions. Very truly yours, Charles L. LeFevere CLL:mlb cc: Sharon Knutson, City Clerk Joel Downer, Chief of Police Bill Clelland, City Prosecutor CLL- 185421vl BR291 -4 GARSON, GLELLAND Se SCHREDER ATT0nNEYS AT LAW PROFESSIONAL LIMITED LIABILITY PARTNERSHIP JEFFREY A. CARSON 6300 SHINGLE CREEK PARKWAY, SUITE 305 TELEPHONE WILLIAM G. CLELLAND (763) 561 -2800 MINNEAPOLIS, MINNESOTA 55430 -2190 ELLEN M. SCHREDER FAX DAVID K. ROSS 1 September 2000 (763) 561 -1943 ANNA KRAUSE CRABB Mr. Michael J. McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Amusement License Fees Dear Mike: I have recently read Charlie LeFevere's letters dated 23 February and 30 August 2000, and I will speak to the issue of criminal prosecution which he has raised. Given the limitation on the fee under Minnesota Statute §449.15, it is my initial impression that criminal prosecution for failing to tender fees above the fees set by statute would not be successful. It is true, I think, as a general proposition, that a dispute as to one's entitlement to a license is not a defense to operation of a business without that license, but in this case, the qualification for the license is probably nothing more than the tender of the fee and as I understand it, this vendor has tendered the statutory fee. The defense would be that they have met all of the prerequisites for issuance of a license, and that the additional sums demanded by the City are invalid and, therefore, could not be the basis for withholding the license. This analysis, by the way, assumes that they made application for the license, they met all other criteria and tendered the statutory fees and simply did not pay the additional fee. Criminal staWtes are penal and, therefore, are strictly construed and even though the issue is whether or not they had a license, I am sure the court would allow them to broaden the issue as to whether or not the City should have given them a license given their performance. In light of these facts to which I have just been introduced, I doubt whether a court and certainly a jury, would be very sympathetic to the State's position. I could easily foresee that a court would entertain dismissal by finding, "in effect," they had a license or on their own initiative, did all that was required for a license, but failing dismissal at that stage, I really do not see a jury of six persons agreeing unanimously, beyond a reasonable doubt, that the licensee is guilty under these facts. Sincerely, CARSON, CLELLAND &SCHREDER William f . Clellan WGC /ara cc: Charles L. LeFevere 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 7 Graven (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E D http: / /www.kennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere @kennedy- gmven.com February 23, 2000 Mr Michael McOgilley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Mendota Valley Amusement, Inc. v. City of Brooklyn Center Dear Mike: As you know, the City has been sued by Mendota Valley Amusement, Inc. This is a civil action which the League of Minnesota Cities Insurance Trust has declined to defend. Therefore, all costs associated with the litigation will be borne by the City. The suit is a challenge to the license fees charged by the City for pool and billiard tables. The fee currently charged under City resolution is $35 per pool table. Minnesota Statutes, Section 449.15 was recently amended to provide that fees charged on "amusement machines" could be no more than "the demonstrated and verifiable actual cost of issuing the license or $15 per location plus $15 per machine." In response to this statutory change, the City recently changed its fees for amusemeili nlach to $15. However, the fec I r pool tables � .�� left at $35. This may have been an oversight or it may have been based on a determination that a pool table was not an amusement machine as referred to in the statute. In any case, Mendota Valley Amusements has taken the position that the statutory change also refers to pool tables, or put another way, that pool tables are amusement machines within the meaning of the statute, and has sued the City to compel the City to change the license fees to $15 per table. The outcome of this case will probably depend on the court's interpretation of the term • "amusement devices ". I have not taken the steps to attempt to determine from the records of the legislature whether there is any information about the legislative intent in enacting that change to CLL- 176631vl BR291 -196 Mr. Michael McCauley . February 23, 2000 Page 2 of 2 the law. Before proceeding further in the defense of this case, the City should consider whether it is financially responsible to do so. According to Sharon Knutson, there are currently a total of five pool tables licensed in the City of Brooklyn Center, three at the Brooklyn Center Community Center and two at Chi- Chi's. If the City recovers $35 for each of the five pool tables, its annual revenues will be $175. If the fee is reduced to $15 per table for five tables, the City will recover $75 in annual license fees. Therefore, the difference between the license fees under.the current fee resolution and the license fees requested by plaintiff amount to $100 per year. Even if the City is successful in the defense of this case, it will take many years before the higher revenues from pool table licenses will be sufficient to pay the City's legal costs in the lawsuit. Therefore, I would recommend that the City Council consider whether it is willing to change the license fee for pool tables to $15. I have asked the plaintiff's attorney whether the plaintiff would be willing to dismiss the lawsuit if the City were willing to reduce its license fees, and have been advised that the plaintiff is willing to do so. Copies of this correspondence is attached. If the City is willing to reduce the license fees, the lawsuit would be dismissed without any costs or disbursements or plaintiff's attorneys fees. • Please let me know if you have any questions about this matter. Very truly yours, Charles L. LeFevere CLL:lh Enclosures CLL- 176631vl BR291 -196 City Council Agenda Item No. 9h MEMORANDUM DATE: October 4, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Wor SUBJECT: Resolution Authorizing Execution of a Construction Cooperative Agreement with Hennepin County for the Reconstruction of Brooklyn Boulevard, Improvement Project No. 1999 -04, Brooklyn Boulevard Reconstruction, 64th to 71 st, and Improvement Project No. 1999 -16, Brooklyn Boulevard Enhancements, 64th to North City Limits, and Making Appropriations On September 12, 2000, bids were opened for the Brooklyn Boulevard roadway and Phase II of the Brooklyn Boulevard enhancements projects. The Phase II enhancements are those that were most cost - effectively completed with the roadway project: the colored concrete edge strips and radiuses, and the installation of the decorative street lights and bases. This contract does not include the Phase I enhancements (all work north of Noble /71 st, including replacement of sidewalks, installation of decorative street lights, installation of decorative City entrance signs, and installation of decorative fencing) nor Phase III enhancements (landscaping, which would be installed in Spring, 2002). Both of those enhancement projects will be city projects. The $5,613,765.50 low bid of Progressive Contractors, Inc. was lower than the engineer's estimate of $5.8 million, and Mn/DOT has allocated additional ISTEA funding to bring the local cost of the project down to the ISTEA goal of 80 percent ISTEA/20 percent local. As a result, the,City's estimated share of the cost of construction and engineering (including a 10 percent contingency) is $516,683.91. This cost would be paid from several sources, including Municipal State Aid (MSA), Local State Aid (LSA), the water utility fund, and the storm drainage utility fund, and is detailed on the accompanying resolution. Hennepin County has prepared a Construction Cooperative Agreement which details the responsibilities of.each party as well as the cost breakdowns. The agreement also specifies that Hennepin County will contribute about $61,400 to the City to help fund enhancements as a part of the County's Roadside Enhancement Partnership Program. The agreement has been reviewed by the City Attorney and is recommended for approval. • Member introduced the following resolution and moved ® its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF A CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR THE RECONSTRUCTION OF BROOKLYN BOULEVARD, IMPROVEMENT PROJECT NO. 1999 -04, BROOKLYN BOULEVARD RECONSTRUCTION, 64TH TO 71ST, AND IMPROVEMENT PROJECT NO. 1999 -16, BROOKLYN BOULEVARD ENHANCEMENTS, 64TH TO NORTH CITY LIMITS, AND MAKING APPROPRIATIONS WHEREAS, the City and Hennepin County have been working cooperatively to advance projects to reconstruct Brooklyn Boulevard from approximately 64th Avenue to 71st, and to construct enhancements to beautify the roadway; and WHEREAS, federal ISTEA funding has been awarded to the County and the City to construct said improvements; and WHEREAS, on September 12, 2000, the Minnesota Department of Transportation opened bids for the roadway project and Phase II of the enhancements; and WHEREAS, bids will shortly be taken on Phase I and Phase III of the enhancements; and WHEREAS, the City and Hennepin County desire to set forth their various construction responsibilities in an agreement under the provisions of Minnesota Statutes, Section 162.12, Subdivision 1 and Section 471.59. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The provisions of Hennepin County Agreement No. PW 19- 02 -00, a Construction Cooperative Agreement between the City of Brooklyn Center and Hennepin County are hereby accepted and approved, and the Mayor and City Manager are hereby authorized and directed to execute said agreement. 2. The project costs and funding sources are hereby established as follows: Resolution No. I As Estimated ( As Bid Roadway & Phase II Enhancements (incl 10 % conting) $436,471.85 Signal controllers 29,150.00 Construction staking 18,900.00 Construction engineering 61,502.60 Staff engineering 10,000.00 Admin/OH 10,000.00 Net construction reimbursement ($8,273.86) Net design engineering reimbursement ($41,066.68) TOTAL COST $516,683.91 MSA- Regular $204,511.05 Local State Aid 11,141.14 Water Utility Fund 232,714.00 Storm Drainage Utility Fund 68,317.72 TOTAL REVENUES $516,683.01 Enhancements Phase I (incl 25% conting) $732,737.50 Engineering /Admin/OH 35,000.00 TOTAL COSTS $767,73750 ISTEA $583,490.00 Local State Aid 137,973.32 Hennepin County 46,274.18 TOTAL REVENUES $767,737.50 Enhancements Phase III (incl 25% conting) $174,425.00 Engineering /Admin/OH 20,000.00 TOTAL COSTS $194,425.00 ISTEA $138,805.00 Local State Aid 44,588.34 . Hennepin County 11,031.66 TOTAL REVENUES $194,425.00 I Resolution No. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9i . MEMORANDUM DATE: October 4, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works, SUBJECT: Resolution Authorizing Execution of an Agreement with Mn/DOT and Hennepin County for Construction Engineering and Contract Management for the Reconstruction of Brooklyn Boulevard, Improvement Project No. 1 y v , I p � 999 -04, Brooklyn Boulevard Reconstruction, 64th to 71 st, and Making an Appropriation The City Council by previous action authorized execution of an agreement with Hennepin County for the construction of Brooklyn Boulevard roadway improvements and enhancements. For construction year 2001, Hennepin County finds it does not have enough staff available to provide adequate construction engineering and contract management for this project. Contract management is especially time consuming, as the federal ISTEA funding requires the completion of a considerable amount of paperwork in addition to all the other routine contract management duties. Because this project includes substantial work at the I- 94/694 ramps and ramp signals for which Mn/DOT inspectors would be providing construction engineering anyway, Hennepin County asked Mn/DOT if it would be willing to provide construction engineering and contract management services for the entire project. Mn/DOT accepted, provided Hennepin County and the City reimburse them for their costs, which they established at six percent of contract. This is a reasonable figure, especially given the amount of work involved, and we recommend the Council accept Mn/DOT's offer and authorize execution of the agreement. The estimated cost to the City is $61,502.60. This cost was included in the resolution previously approved which establishes project costs and makes appropriations. The cost would be paid proportionate with contract costs by the MSA, LSA, water utility, and storm drainage utility. There will be an additional consultant construction management cost to the City for construction work, as we will engage the firm of Cain Ouse, which designed the decorative street light system as a subconsultant to BRW, Inc., to provide construction engineering and shop drawings for the street light installations. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MN/DOT AND HENNEPIN COUNTY FOR CONSTRUCTION ENGINEERING AND CONTRACT MANAGEMENT FOR THE RECONSTRUCTION OF BROOKLYN BOULEVARD, IMPROVEMENT PROJECT NO. 1999 -04, BROOKLYN BOULEVARD RECONSTRUCTION, 64TH TO 71 ST, AND MAKING AN APPROPRIATION WHEREAS, the City has entered into an agreement with Hennepin County for the reconstruction of Brooklyn Boulevard, 64th to 71st; and WHEREAS, due to the number of projects it will have under construction in 2001 Hennepin County is unable to perform construction engineer ;ng and - contract rranage!nent for the project; and WHEREAS, the Minnesota Department of Transportation (Mn/DOT) has agreed to provide said construction engineering and contract management, at a fee equal to six percent of the construction costs; and WHEREAS, the fee, estimated as $61,502.60, is acceptable to the City; and WHEREAS, the City, Hennepin County, and Mn/DOT desire to set forth their various construction engineering and contract management responsibilities in an agreement under the provisions of Minnesota Statutes, Section 162.12, Subdivision 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the provisions of Mn/DOT Agreement No. 80765 -P, which is also numbered as Hennepin County Agreement No. PW 48- 40 -00, an Agreement between the City of Brooklyn Center and Hennepin County are hereby accepted and approved, and the Mayor and City Manager are hereby authorized and directed to execute said agreement. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: ® and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9j i MEMORANDUM DATE: October 4, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work' ,�� SUBJECT: Staff Report RE: Grant Application for a New Grandview Park Shelter Building Enclosed for Council review and approval is a grant application for funding from the Department of Children, Families, and Learning for construction of a new shelter building in Grandview Park. The grant funding would allow for the construction of a larger than typical shelter building to be designated as the Youth Activities Center. The Youth Activities Center is seen as one point in a triangle of facilities providing space, programming, and services to youth: the Community Center; the Brookdale Service Center and Library; and the Youth Activities Center. All these facilities are located on bus lines, and are accessible by bicycle and on foot, and are located just a few blocks from one another. The Youth Activities Center is intended to provide multi - purpose space for after school and other • events and programming. The grant request is for $100,000 to supplement the $200,000 included in the draft CIP for the Grandview building. We have recently learned that our request for $25,000 to help finance the construction of a soccer field at Grandview was not funded. I. PROJECT NAME Grandview Park Youth Activities Center II. PROJECT SUMMARY The City of Brooklyn Center proposes to construct a Youth Activities Center building in Grandview Park to provide new youth and teen activities, in cooperation with the Brooklyn Center School District and other school districts. III. PROGRAM NARRATIVE a. Restate Statutory requirements that drive the operation programs) (rf appropriate). The City of Brooklyn Center provides quality, affordable, and equal access park and recreation opportunities. City staff routinely work together with the four school districts in Brooklyn Center and their Community Education departments to coordinate after school, summer, and special recreational programming. The City also helps coordinate and acts as Fiscal Agent for the After - School Enrichment Grant which helps fund a collaborative, after - school enrichment program that involves several school districts, private and public social service agencies, and other governmental units. This program was recently awarded a 2000 Achievement Award for Cooperation by the League of • Minnesota Cities. The youth enrichment grants are intended to help fund facilities to provide youth with regular enrichment activities during nonschool hours, providing equal access and programming for all children. Grants must be used to expand the number of children participating in enrichment programs or improve the quality or range of program offerings. The new Youth Activities Center will allow the City's Recreation Department, the various school districts and community education programs, and the After- School Enrichment Program to offer additional recreational and nonschool hours opportunities. b. Describe the activities, goals, and program services to be provided in the proposed facility. The new Youth Activities Center would be used for numerous activities, including: Kids Connection, which provides after - school activities for youth to grade 6; the Brooklyn Center Leo Club, a youth organization which has been organized to provide activities for their peers in grades 6 -12 as well as to do service projects; and summer programs ranging from supervised general play to organized events to programs at the park's soccer, baseball, hockey, roller hockey, and general skating rinks to supervised "hang out" time. • City of Brooklyn Center Page 1 Grandview Youth Activities Center C. Describe the needs of the community, documenting both the poverty level in county or municipality, number of children, youth, and families not receiving services. Provide evidence of successful prior experience in developing and managing the program to be housed in the facility. Needs of the Community According to the 1990 Census, about 13 percent of children under the age of 18 in Brooklyn Center lived in households with income below the poverty level. It is expected that the 2000 Census will reveal that the percentage has increased At elementary schools in Brooklyn Center, on average about half of the students are eligible for free or reduced lunches. About 47 percent of K -12 students in the Brooklyn Center School District, where the park is located, were eligible in 1999 -2000 for free or reduced lunches, and 17 percent were enrolled in the AFDC program. About 33 percent receive English as a second language services, and there is a 25 pe_`cent mobility rate. At nearby Northport School in the Robbinsdale School District, 52 percent of students receive free or reduced cost lunches, 47 percent of households have an income of less than $35,000, and there is a 50 percent mobility rate. Experience ® The City f Brooklyn Center has considerable experience developing and managing Y Y p p g g g recreational programs and facilities. The Recreation Division of the Community Activities, Recreation, and Services (CARS) Department manages a wide range of recreational and league programs, including summer youth programs, partnerships with Community Education at the four school districts in Brooklyn Center, and extensive adult sports leagues. The Engineering and Park Maintenance Divisions of the Public Works Department have collaborated on many park improvement projects, most recently constructing two new softball fields at Firehouse Park; raising and regrading the softball fields at Central Park; and constructing new picnic shelters at Central, Lions, and Bellvue Parks. CARS also serves as Fiscal Agent for the After - School Enrichment grant, which helps fund a collaborative, after - school enrichment program that involves several school districts, private and public social service agencies, and other governmental units. Twelve youth- oriented sites served over 900 students in 1999 -2000, each having unique programming and goals. The contributions of the facilities and the staff from each of the participating program members is supported by a grant from the state. The program provides youth, especially at -risk youth, with a safe place to go after school where they can gather with peers and participate in meaningful activities. This program was recently awarded a 2000 Achievement Award for Cooperation by the League of Minnesota Cities. City of Brooklyn Center Page 2 Grandview Youth Activities Center d. Describe needs analysis and planning process, including alternatives considered (e.g., using existing space, adapting existing space, co- location). Explain why the proposed alternative was chosen. City staff conducted a brainstorming session with about 40 young people at Brooklyn Center High School from grades 7 to 11. The Leo Club also surveyed 566 of their peers to determine what needs community youth saw for improved after school and summer activities. City staff also met with officials from the Brooklyn Center School District to identify needs of elementary aged students. The junior and senior high students identified a need to have a place outside of school where the could organize events hold community education classes and generally Y g � tY � g Y "hang out" in a supervised place. They also were very interested in participating in City youth league soccer, tennis, and roller hockey if such leagues and facilities were available. This age group of students was also interested in swimming, weight lifting and exercise, using computers, and having a youth lounge. For elementary aged students, needs which were identified were having additional space, more summer programs, and a wider variety of after - school activities. The approach which seems most viable is to enhance existing facilities. These needs can be accommodated by utilizing a trio of facilities which are all within walking or biking distance of each other: the City's Community Center; Hennepin County's Brookdale Service Center and Library; and Grandview Park. The Community Center has a swimming pool and new exercise facility, and will be undergoing further renovations to add classroom and meeting space. The Brookdale Service Center is undergoing a three year expansion which will double the size of the library and provide additional community space and a coffee lounge. At Grandview Park, several improvements are planned, including adding a soccer field, paving the existing hockey rink, and rehabbing the tennis court. The existing warming house building is small and in disrepair, and is scheduled for replacement. Instead of simply replacing the old warming house with a new warming house, a larger, multi - purpose building could be constructed which would be suitable for a Youth Activities Center. The Youth Activities Center could be a "home base" for youth activities which would take place at the park (soccer, baseball, basketball, roller hockey, ice hockey, general skating, tennis, playground use, summer programs); a few blocks away at the Community Center (swimming, exercising, biking the Shingle Creek Trail); or the Brookdale Service Center (library use, computer use, lounge, programs in the community rooms). This is space that youth, especially in the vulnerable grades 4 -8 age group, can identify as being "their own." • City of Brooklyn Center Page 3 Grandview Youth Activities Center This alternative would make use of existing, new, and remodeled facilities to provide elementary and junior /senior high school students with access to a wide variety of indoor and outdoor activities. The Youth Activities Center would also create a location for the creation of a variety of programs and activities. e. Demonstrate evidence of consultation with representatives from neighborhood groups, advocacy groups, and other interested parties. Include letters of community support for the project. See enclosed letters of support. f. Give a detailed explanation of collaborative efforts, including the development of family resource centers or "one stop" model. Include interagency agreements andlor letters of support. Collaboration is considered to be active involvement and partnership through all phases of the project, from planning to use. Programming the facility would be coordinated by the Brooklyn Center CARS Department. CARS would continue to work cooperatively with the various school districts, the Leo Club, and the After - School Enrichment grant programs to provide and coordinate programming. Construction of the Youth Activity Center facility would be coordinated by the Brooklyn Center Public Works Department. g. Indicate how the facility will be operated. The facility would be operated in the same manner as other park facilities. Maintenance would be provided by the Brooklyn Center Public Works Department, Park Maintenance Division. Programming and reservations would be coordinated by the Brooklyn Center CARS Department, Recreation Division. Recreation routinely coordinates programming and after school activities with the four school districts which are located in Brooklyn Center and their Community Education programs. The Police Department's Summer Fun Bus, which so far in 2000 has served 449 youth, may also expand to take advantage of the facility. The Summer Fun Bus provides transportation and free admission to bowling and swimming summer activities. h. Any other information relevant to support this application. Other improvements proposed for this park include doubling the size of the existing playground; relocating and paving the hockey rink to accommodate roller hockey; rehabbing the existing baseball field and a permanent outfield fence; regrading an existing sliding hill to provide a safer sliding hill; and replacement of two softball fields with a lighted soccer field. Scheduled games would be moved to a different park, where existing practice fields will be rehabbed and lighted. • City Y of Brooklyn Center Page 4 Grandview Youth Activities Center IV. FINANCIAL INFORMATION a. Provide a bud et or r men n g f the purchase, construction, and/or. the improvement of land and structure showing the total project cost. Present ways in which the project was designed to be cost effective. ESTIMATED EXPENDITURES Contractual Services Demolition & removal $10,000 Building furnish & install 200,000 Electrical, plumbing, heating 50,000 Furnishings 10,000 Site restoration & paving 20,000 Staff Services Engineering & admin 10,000 Total Estimated Project Cost $300,000 ESTIMATED REVENUES City Funds $200,000 Youth Enrichment grant 100,000 Total Estimated Project Revenues $300,000 Cost efficiencies would be gained by utilizing a pre- engineered building rather than using the services of an architect. City staff would provide construction design and administration. Interior finishing (electrical, plumbing, heating, etc.) would be bid out separate from installation of the building, to avoid the overhead of a prime contractor. b. Provide a description of other sources of project funding , as well as monetary amounts from each additional source. Indicate which sources are fully committed. The staff services would be in -kind contributions from the City's General Fund and Water and Sanitary Sewer Utility Funds. If the project is funded, the City is prepared to commit that staff time to the construction of this proposed project. The remainder of the city funds would be provided from the city's Capital Improvements Fund, used to fund park and other improvements. If the project is funded, the City is prepared to commit $200,000 or its actual required share to the construction of this proposed project. • City of Brooklyn Center Page 5 Grandview Youth Activities Center C. Provide a cash flow estimate, and explain sources offunds to cover costs incurred prior to completion.of this project. Cash flow for the grant portion of this project would be provided by the City's Capital Improvements Fund. It is expected that this project would take approximately 6 months to construct, depending on weather. d. Provide a detailed operating budget for the facility. Periodic maintenance such as cleaning, painting, and repairs would be performed by park maintenance staff in the usual course of duties using the existing operating budget. The cost of electric and natural gas utilities to the building would increase as the proposed building would be replacing a smaller building. It is expected that this increase would be less than $500 per year and would be added to the general park facilities budget. The City also has in place a Capital Improvements Program which includes a long -term replacement play for major park facilities. No general fees would be charged to use this facility. Some programs using the space may charge a fee to participants, so as to cover the costs of operating special programs. e. Provide agency budgets for current year and first full year of operation. City of Brooklyn Center • Agency 2000 Operating Budgets Park Maintenance (relevant activities only) Grounds Maintenance $368,996 Facility Maintenance 271,623 Special Recreation Program Maintenance 70,254 Recreation (relevant activities only) _Recreation Administration $330,933 Teen Programs 15,318 Youth Recreation 110,198 General Recreation 56,294 f. Income and expenditure projections for three years. N/A City of Brooklyn Center Page 6 Grandview Youth Activities Center g. Annual financial statements for the last three years from the political subdivision and all • organizations which will be operating programs in the facility, including information on management fiscal staff and organizational structure. Summary statements are enclosed for the City of Brooklyn Center. Brooklyn Center has been awarded a Certificate of Achievement for Excellence in Financial Reporting for many consecutive years. V. SCHEDULE INFORMATION Fall: Council review & approval of plan; site survey. Winter: Bid building and building installation (separate contracts). Spring: Obtain competitive quotes for demolition, electrical, plumbing, and heating work. Demolish building. Spring /early summer: Construct building. Late summer: Complete interior improvements; install furnishings; complete site restorat en. Fall: Available for after school and other programs. VI. CONSTRUCTION PROJECT DESCRIPTION a. Summary -level architectural /engineering plan and drawings. See exhibit A b. Description of the site and surrounding land uses. See exhibit B. Site is currently a City park with two lighted softball fields, a lighted baseball field, tennis courts, a warming house, hockey rink, general skating rink, playground, a sliding hill, picnic tables, and three parking lots. Site is bounded by TH 100 on the north and west; by single family residential and an elementary school on the east, and by single family residential and a church on the south. C. Photographs of the site and existing buildings. See exhibit C. d. Detailed description of the purchase, construction, or improvements to be done. Demolition of existing warming house. Clean up and site preparation. Bid as separate contracts furnish and install building. Complete by competitive quote interior improvements (electrical, plumbing, heating.) Install furnishings. Complete site restoration. • City of Brooklyn Center Page 7 Grandview Youth Activities Center e. Evidence of site control of the property. • The City f Brooklyn Center purchased Grandview Park in 1960 deed co enclosed Y Y p � copy . ) f. Evidence that the structure and location are appropriate to meet the needs of the population to be served. The park is located in a neighborhood with a high concentration of young people. It is located across the street from an elementary school. The park has been designated as a Destination Park focusing on youth sports and programming. Improvements to other facilities in the park serving youth are also planned. Grandview Park is one anchor of a triangle of facilities serving youth, all of which are accessible by bus, bicycle, or foot: Grandview Park; the Brooklyn Center Community Center; and the Brookdale Service Center and Library. g. Description/statement of all applicable codes, zoning ordinances, land use provisions and laws, regulations, and statutes, including full compliance with the Americans with I: Disabilities Act. The City of Brooklyn Center requires that buildings constructed in the City be in compliance with the 1997 Uniform Building Code, and subject to review of and approval by the City's Building Official. As this building would be located in a City park, it is also required to be fully accessible to persons of all abilities, and will include improvements such as: fully accessible path from the parking lot to the building, and from the building to the major facilities in the park; accessible entrance; accessible restroom facility; proper signage; and accessible furnishings. • City of Brooklyn Center Page 8 Grandview Youth Activities Center W' a „ 1yd� I �g NT „ ,'r: v �l�llvlll I ' WN VY i 1 I ' '��• ''� � 111 �� 1% ',I I I � �� p n '.1 �, :' %7, I�� , •r � 1 . 1 ;11 III '.' „,�' a 1; 1 r NUA, I� � III I II 4 � n:�! 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RESOLUTION APPROVING YEAR 2000 LABOR AGREEMENT BETWEEN CITY OF BROOKLYN CENTER AND TEAMSTERS LOCAL NO. 320 WHEREAS, an interest arbitration award was made August 28, 2000, regarding Teamsters Local No. 320 and the City of Brooklyn Center, BMS Case No. 00 -PN -772 (Department Heads); and WHEREAS, a contract has been written in accordance with the arbitrator's award, including a three percent increase in wages for Year 2000, an agreement for union members to receive three hundred and ninety -five dollars ($395.00) per month as the City's contribution toward use in the City of Brooklyn Center Cafeteria Benefit Plan, and also including amended language related to eligibility for payment of accumulated sick pay upon resignation from the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager are authorized to sign the labor agreement. i Date = Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • October 3 2000 MEMO TO: Michael J. McCauley, City Manager FROM: Jane A. Chambers, Assistant City Manager SUBJECT: Teamsters Local No 320 Labor Agreement for Year 2000 Pursuant to a ruling in the interest arbitration case between Teamsters Local No. 320 and the City of Brooklyn Center, BMS Case No. 00 -PN -772, the City of Brooklyn Center will enter an agreement with the union for the Year 2000. A resolution authorizing the City Manager and Mayor to sign the agreement will be on the October 9, 2000 Councii agenda. The agreement will expire December 31, 2000. The City agreed to contribute three hundred and ninety -five ($395.00) per month per employee for use in the City of Brooklyn Center Cafeteria Benefit Plan, effective October 1, 2000. This is the same amount as other unions and non - unionized employees receive for Year 2000. Retroactive payment for salary awards in the agreement will be made to union members. The arbitration award called for a 3% increase in salaries over 1999. The arbitrator awarded the union amended eligibility for payment of accumulated sick pay upon resignation. All other provisions of the agreement remain the same as the previous labor agreement. BETWEEN THE CITY OF BROOKLYN CENTER AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL N 0.320 (DEPARTMENT HEADS) Effective January 1, 2000 through December 31, 2000 • TABLE OF CONTENTS ARTICLE PAGE I PURPOSE OF AGREEMENT ................ ............................... 1 ..................... II RECOGNITION ............................................................ ..............................1 III DEFINITIONS ............ .................:............. IV EMPLOYER AUTHORITY ............................. ............................... .....2 VUNION SECURITY ...................................................... ..............................2 VI EMPLOYER RIGHTS - GRIEVANCE PROCEDURE ... ..............................3 VIISAVINGS CLAUSE ...................................................... ..............................5 VIIIDISCIPLINE ............................................ ............................... .........6 IXSALARIES .................................................................. ............................... XSICK LEAVE ................................................................ ..............................7 X1 JURY DUTY /PUBLIC DUTY ........................................ ......................:.......8 XII LAYOFFS .................................................................... ............................... 8 XIIIHOLIDAYS ................................................................... ..............................9 XIVVACATIONS ............................................... ............................... .9 .............. XVINSURANCE ...................................................... ............................... XVI LEAVE WITHOUT PAY ......................... XVII MILEAGE REIMBURSEMENTICAR ALLOWANCE .... .............................11 XVill EMPLOYEE TRAINING .......................:..................... .............................11 XIX RETIREMENT PAID HEALTH INSURANCE .............. .............................12 XXWAIVER ............................................:......................... .............................12 XXIDURATION ................................................................. .............................13 APPENDIXA ............................................................... .............................14 i i LABOR AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 ARTICLE I. PURPOSE OF AGREEMENT This Agreement is made and entered into between the City of Brooklyn Center, hereinafter called the "EMPLOYER ", and the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320, hereinafter referred to as the "UNION ". The parties hereto agree as follows: It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes regarding the interpretation and /or application of the provisions set forth in this Agreement; and 1.2 Express in written form an Agreement between the parties on terms and conditions of employment for the duration of the Agreement. ARTICLE IL RECOGNITION 2.1 The Employer recognizes the Minnesota Teamster Public and Law Enforcement Employees' Union, Local No. 320 as the exclusive representative, of all public employees who are within the meaning of Minnesota State Statute, Section 179A.03, Subdivision 14 for all Department Heads, Assistant Department Heads and Division Heads under Bureau of Mediation Services (BMS) Case #95 -PCE- 1680 excluding Confidential employees. 2.2 In the even_ t the Employer and the Union are unable to agree as to the inclusion or exclusion of a new job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III. DEFINITIONS 3.1 UNION: Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 3.2 UNION MEMBER: A member of the Minnesota Teamsters Public and Law • 1 Enforcement Employees' Union, Local No. 320. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 EMPLOYER: The City of Brooklyn Center 3.5 PROBATIONARY PERIOD: Employees hired on or after January 1, 1996 shall serve a probationary period of twelve (12) months from the date of hire. Probationary employees may use sick leave in accordance with Article X, and may use vacation after six months. Probationary employees may be terminated at the sole discretion of the Employer. ARTICLE IV. EMPLOYER AUTHORITY 4.1 The Employer retains the full and unrestricted right to operate and manage all personnel, facilities and equipment; to establish functions and programs; to set and amend budgets; to ddtermine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial functions not specifically limited by this Agreement. 4.2 Any term and condition of employment not specifically established or modified by . this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE V. UNION SECURITY 5.1 The Employer shall deduct from the wages of employees who authorize such deduction in writing an amount necessary to cover monthly Union dues or a "fair share" deduction as provided by Minnesota State Statute 179A.06, Subd. 3, if the employee elects not to become a member of the Union. Such monies shall be remitted as directed by the Union. 5.2 The Union may designate employees from the bargaining unit to act as a Steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of Steward and /or alternate. 5.3 The Employer shall make space available on the employee bulletin board for posting Union notices and announdements. 5.4 Union Steward. The Employer agrees that the employee designated Steward under Article 6.2 of this Agreement shall be allowed a reasonable amount of duty time annually to attend to Union matters as designated by the Union in addition to the 2 other Steward activities as provided for in this Agreement. 5.5 Identified Business Agents of the Union shall have the right to enter the facilities of the Employer so long as said visits do not interfere with the job duties and responsibilities of an Employee. 5.6 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 DEFINITION OF A GRIEVANCE: A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 6.2 UNION REPRESENTATIVES: The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so'designated, as provided by Section 6.2 of this Agreement. 6.3 PROCESSING OF 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 employee and shall, therefore, be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the employee and the Union representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work of the Employer. 6.4 PROCEDURE: Grievances as defined in Section 6.1 shall be resolved in conformance with the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within ten (10) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer- designated representative will discuss • 3 and give an answer to such Step 1 grievance within ten (10) calendar days after S receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer - designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer- designated Step 2 Representative. The Employer designated Representative shall give the Union the Employees answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer- designated Representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the Anion within ten (10) calendar days shall be considered waived. Step 2a: If a grievance is not resolved at Step 2 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timeliness for Step 3 of the grievance procedure. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days of mediation shall be considered waived. Step 3. A grievance unresolved in Step 2a and appealed to Step 3 by the Union shall be submitted to Arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances," as established by the Bureau of Mediation Services. 6.5 ARBITRATORS AUTHORITY: 1. The-Arbitrator shall not have the right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. 2. 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 4 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 of application of the express terms of the Agreement and to the facts of the grievance presented. 3. The fees and expenses for the Arbitrator's services and proceedings shall be bome equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. if either party desires a verbatim record of the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6..6 WAIVER: If a grievance is not presented within the time limits set forth above, it shall be considered "waived ". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employers last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. 6.7 response CHOICE OF REMEDY. if, as a result of the Employer ponse an Step 2, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 3 of Article VI or a procedure such a Civil Service, Veterans Preference or Fair Employment. If appealed to any procedure other than Step 3 of Article VI, the grievance is not subject to the arbitration procedure as provided in Step 3 of Article -VI. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 3 of Article VI or another appeal procedure, and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 3 of Article VI. ARTICLE VII. SAVINGS CLAUSE In the event any provision of this Agreement shall be held to be contrary to law by a court of competition jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be void. All other provisions of this Agreement shall continue in -full force and effect. The voided provision may be renegotiated at the written request of either party. s ARTICLE Vlll. DISCIPLINE 8.1 The Employer will discipline employees who have completed the required probationary period only for just cause: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 8.2 Suspension, demotions and discharges will be in written form. 8.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. If there has been no reoccurrence of the same offense, the letter of reprimand will be removed from the employee's file after twenty -four (24) months from the date of the offense. 8.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer. 8.5 Discharges of non - veterans will be receded b a five (5) day suspension without 9 P Y pay- 8.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee. has had an opportunity to have a Union representative present at such questioning. 8.7 Grievances relating to this Article shall be initiated by the Union in Step 2 of the Grievance Procedure under Article Vl. ARTICLE IX. SALARIES 9.1 Employees shall be paid in accordance with the attached salary pay schedules marked Appendix A (Salary). 9.2 A 3.0% Cost of Living increase for 2000. 9.3 An employee may receive ten (10 %) percent in salary beyond the range in the pay plan based on merit to be awarded by the City Manager. 6 • 9.4 The starting salary, sick leave and vacation shall be anywhere within the pay range for new hires with experience. ARTICLE X. SICK LEAVE 10.1 a. 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. b. An advance of a maximum of 96 hours of sick leave which must be earned before additional hours accumulate may be granted by the City Manager to newly hired employees who have a minimum of five years of job experience - which is directly related to the position for which they are hired. 10.2 Usage. Sick leave shall be used normal( for absence from du because o Y duty f personal illness or legal quarantine of the employee, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents - in -law, spouse, or children of the employee. Sick leave may be used forthe purpose of attending the funeral of immediate family members plus brothers -in -law, sisters - in -law, aunts, uncles, nieces, nephews, grandparents, grandparents -in -law, and grandchildren of the employee. 10.3 Accrual: Sick leave shall accrue at the rate of eight (8) hours per month until 960 hours have been accumulated. After 960 hours have been accumulated, sick leave shall accrue at the rate of four hours per month, and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two hours per month. Employees using earned vacation leave or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workers' Compensation benefits shall be credited against the compensation due employees during sick leave. 10.4 Upon layoff from the City, full -time employee would receive 50% of accumulated sick leave at current pay rate. Upon retirement or resignation from the City, full -time employee would receive 33% of accumulated sick leave at his/her current rate of pay. 10.5 Procedure: In order to be eligible for sick leave with pay, employees must: a. Notify their superior prior to the time set for the beginning of their normal work day. • 7 b. Keep their superior informed of their condition. C. Furnish a statement from a medical practitioner upon the request of the Employer. 10.6 Misuse Prohibited. Employees claiming sick leave when medically fit, except as otherwise specifically authorized in Section 10.2 shall be subject to disciplinary action up to the including discharge. ARTICLE XI. JURY DUTYICOURT APPEARANCE 11.1 Employees summoned for jury duty or subpoenaed to testify in court on behalf of the Employer shall receive an amount of compensation which will equal the difference between the employee's regular pay and jury duty or witness fee compensation received. ARTICLE XII. LAYOFFS 12.1 Employees who are employed in a full -time capacity as a benefits earning employee with the City of Brooklyn Center at the time of their layoff and who will not be re- employed by the City of Brooklyn Center in another full -time position will qualify for the Severance Benefits for Laid -Off Employees Program. Employees participate in this program on a voluntary basis. 12.2 After sixty (60) calendar days prior written notice, the City Manager may lay -off permanent employees because of shortage of work orfunds, abolition of positions, or other reasons outside the employee's control which do not reflect discredit on the service of the employee. Employees laid off will receive compensation equal to 25% of the last approved annual salary. 12.3 At the Employee's expense, qualified employees may, at their choosing, participate in the out .placement service at the cost noted $2,500 or within six months of layoff, whichever is reached first. Out placement services consistent of a career assessment, resume development, cover letter writing assistance, interviewing skills, networking and developing job resources, all of which are provided by a professionally qualified out placement service. 12.4 The ualified employees will be allowed to continue health and life insurance q coverage held at the time of layoff pursuant to COBRA law. The City will pay the portion of the premium costs forwhich other City employees are eligible for a period of three months after the lay -off date or earlier if other coverage is provided by another employer. ARTICLE XII1. HOLIDAYS 13.1 The holidays shall be as follows: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Floating Holiday Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day Floater Holiday 13.2 The scheduling of a floating holiday is subject to prior approval of the employee's supervisor. The floating holiday must be taken within the calendar year and shall not cant' over from year to year. 13.3 When New Year's Day, Independence Day, Veterans Day, or Christmas Day falls on Sunday, the following day shall be observed as a holiday. When they fall on Saturday, the preceding day shall be observed as a holiday. Employees absent from work on the day following or the day preceding such a three -day holiday weekend without the express authorization of the Employer shall forfeit rights to holiday pay for that holiday. 13.4 To be eligible for holiday pay, employees must have been on paid status on the day before and the day after the holiday. Paid status includes paid vacation or other paid leave for which the employee received prior approval. 13.5 An employee shall have the option to work a Holiday in exchange for a floater holiday with the approval of the City Manager. ARTICLE XIV. VACATION 14.1 Amount. Permanent employees shall earn vacation leave at a rate of 6.67 hours for each calendar month of full -time service or major fraction thereof. Permanent employees with five consecutive years of service through ten consecutive years of service shall earn vacation at the rate of 120 hours per year. Permanent employees with more than ten consecutive years of service shall earn vacation leave according to the following schedule: During 11 th year of service 128 hours per year During 12th year of service 136 hours per year 9 . 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. 14.2 Usage. Vacation leave may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. 14.3 All unused vacation shall be paid out at the end of each calendar year, at the discretion of each employee. Each employee will be allowed to accumulate vacation and carry up to 230 hours from year to year, however, employees must use 80 hours vacation per calendar year unless otherwise approved by the City Manager. ARTICLE XV. INSURANCE 15.1 El ive 9f1/00 the City will contribute payment of three hundred and ninety -five dollars ($395.00) per month per employee for use in the Employees t s Cafeteria Benefit Plan. 15.2 Life Insurance and Balance of Cafeteria Funds: Effectfve - 91100, the City of Brooklyn Center will provide payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use as provided in the Employer's Cafeteria Benefit Plan. ARTICLE XVI. LEAVE WITHOUT PAY 16.1 Leaves of absence without pay may be granted by the Employer where the best interests of the City will not be harmed. SUGh leaves shall not exceed periods of ninety (90) calendar days unless based on disability or other good reasons. Vacation and sick leave benefits shall not accrue during periods of leaves of absence without pay. 16.2 Employees are obligated to return to work on the first work day following the period of approved leave unless prior approval for an extension of the leave has been granted by the Employer. 16.3 All City contributions toward employee leave accruals and insurance coverages will cease for non - medical leaves without pay. Insurance benefits will continue if fully subsidized by the employee except that the City Manager may authorize the continuation of the City's contribution for employee insurance premiums during a 10 leave of absence for medical reasons. if the employee chooses not to continue S insurance coverage during a non - medical leave of absence upon return the insurance coverage will start the first day of the month following thirty days of re- employment. ARTICLE XVII. MILEAGE REIMBURSEMENT /CAR ALLOWANCE 17.1 Employees of the City who are required to drive a City vehicle to their home and keep it there while off duty to respond to emergency situations cannot use for City vehicles for their personal use. The employees who are authorized to keep a City vehicle at their home on a regular basis while off duty are as follows: 1. Chief of Police 2. Fire Chief 3. Police Captains 4. Liquor Stores Mai - lager 17.2 Employees who, in conduct of official City Business, are authorized or required to use their personal automobiles for transportation shall be reimbursed at the rate consistent with IRS regulations for mileage incurred in the conduct of such business. An itemized mileage expense claim must be submitted to the City Manager for approval. ARTICLE XVIII. EMPLOYEE TRAINING 18.1 The Employer will reimburse to employees attendin job-related g � ed courses who have been employed by the City of Brooklyn Center, on a full -time basis of a period of at least 18 months, 60% of the cost incurred by the Employee for the payment of tuition, fees, and purchases of textbooks required for such courses, provided the conditions listed below are met. Employees who have been employed by the City of Brooklyn Center on a full -time basis with at least two (2) complete years of employment will receive 75% of the cost incurred for tuition, fees, and textbooks, provided the following conditions have been met: 1. The course has been approved by the City Manager prior to registration for, or participation in the course. 2. The employee attains a grade of "C" or better in the course: or in those cases where grades are not assigned, the employee must show proof of satisfactory completion of the course. 3. The employee has submitted, on forms to be provided by the City Manager's 11 office, a written critique of the course, stated the value of the training to . his /her position, and made such suggestions as may be pertinent for the conduct of future training sessions. 4. The attendance of the employee at course sessions has been satisfactory. 5. Individuals who are receiving compensation or reimbursement for education costs from the federal or state government shall not be eligible for additional reimbursement from the City. 18.2 In those instances where the City Manager deems it necessary or advisable that an employee attend training sessions, the City shall pay all costs for fees, tuition and textbooks. The employee shall attend such courses or training sessions on his /her regular work time, or if such courses are only after regular work hours, compensatory time shall be granted to the employee. Upon completion of the training, the employee shall submit a critique of the course as required in paragraph "c" above. ARTICLE XIX. RETIREMENT PAID HEALTH INSURANCE The Employer shall provide to members of this bargaining unit the same contribution the Employer provides for other City employees. ARTICLE XX. WAIVER 20.1 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. 20.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or conditions of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in- writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement orwith 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. • 12 ARTICLE M. DURATION The Agreement shall remain in full force and effect for period commencing, 1 9 p 9, January 2000 through December 31, 2000. In the event a new Agreement is not in effect January 1, 2001 all compensation, working conditions and benefits shall remain in effect as set forth in this Agreement until a successor Agreement is effected. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 2000. CITY OF BROOKLYN CENTER TEAMSTERS LOCAL #320 • 13 a APPENDIX A DEPARTMENT HEADS SALARY SCHEDULE - 2000 YEARLY RATES DIRECTOR OF PUBLIC SERVICES $69,956 $86,394 DIRECTOR OF FINANCEIGITY TREASURER $63,358 $88,332 CHIEF OF POLICE DIRECTOR OF COMMUNITY DEVELOPMENT $59,412 $73,373 COMMUNITY ACTIVITIES, RECREATION $58,689 $72,481 & SERVICES DIRECTOR FIRE CHIEF $55,224 $68,202 MONTHLY RATES i - ' STEP A STEP B STEP C STET`'' D STEP E STEP F STEP G 806 $5,951 $6,101 CITY ENGINEER $5,013 $5 , 263 009 $5,259 $5,391 $5,52fi $5,664 $5,806 $4.771 $5, CITY ASSESSOR 1 POLICE CAPTAIN $4,656 $4,888 $5,132 $5,260 .$5,392 $5,527 $5,665 ASSISTANT DIREGTOR OF FINANCE $4,541 $4,769 $5,007 $5,132 $5,261 $5,392 $5.527 �I LIQUOR OPERATIONS $5,132 $5,261 MANAGER $4,323 $4,539 $4,766 $4,885 $5,008 a EARLE BROWN HERITAGE i CENTER MANAGER $4,014 $4,214 $4,425 $4,535 $4,648 $4,76v $4,884 STAFF SERVICES ' I SUPERVISOR $2,842 $2,984 $3,133 $3,212 $3,292 $3,373 $3,458 +I 14 3 i i. { I