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Home My WebLink About1999 05-10 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION MAY 10, 1999 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions. 2. League of Minnesota Cities Award application 3. Date for meeting in June with Financial and Park & Recreation Commissions. 4. Cancel May 17th Work Session? 5. General update and questions regarding police operations and code enforcement. 6. Miscellaneous 7. Adjourn to Open Forum Public Copy • CITY COUNCIL MEETING City of Brooklyn Center May 10, 1999 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. Flag Ceremony - 7 p.m. - Willow Lane Girl Scout Troop 41754 3. Call to Order Regular Business Meeting 4. Roll Call 5. Council Report • 6. Approval of Agenda and Consent Agenda PP g g -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. Study Session - April 12, 1999 2. Regular Session - April 12, 1999 3. Special Work Session - April 20, 1999 4. Study Session - April 26, 1999 5. Regular Session - April 26, 1999 6. Board of Equalization - May 3, 1999 b. Licenses C. Resolution Accepting Work Authorizing Final Payment, Improvement Project No. • 1997 -15, Contract 1997 -L, Pool Ozonization • CITY COUNCIL AGENDA -2- May 10, 1999 7. Council Consideration Items a. Mayoral Appointment to Housing Commission -Requested Council Action: - Motion to ratify the Housing Commission nomination by Mayor Kragness. b. Request from Earle Brown Days, Year 2004 Celebration Committee -Requested Council Action: - Council discuss. C. An Ordinance Amending Chapter 19 of the City Ordinances Providing for the Control of Noxious Weeds - Requested Council Action: and set June 14 1999 for - Motion to approve first reading of ordinance ublic p hearing and second reading. d. Staff Report Re: Palmer Lake Basin Study • - Requested Council Action: -City Manger will provide verbal report. e. Request of Chamber of Commerce to Meet with City Council - Requested Council Action: -Motion set meeting with Chamber of Commerce. 0 on to i C b g f. Resolution Ordering the Razing and Removal of a Hazardous Building and Further for the Abatement of Public Nuisances, Safety and Health Hazards and other Ordinances and Statutory Violations with Respect to that Real Estate Located at 4945 Zenith Avenue North, Legally Described at Lot 2, Block 2, Brooklyn Manor, Village of Brooklyn Center, Hennepin County, Minnesota - Requested Council Action: - Motion to adopt resolution. g. Resolution Ordering the Correction of Hazardous Conditions and Further for the Abatement of Public Nuisances, Safety and Health Hazards and Other Ordinance and Statutory Violations with Respect to that Real Estate Located at 6218 Lilac Drive � North, Brooklyn Center, Minnesota 5543 0 Legally g y Described as Lot 1, Cameron Addition, Hennepin County, Minnesota - Requested Council Action: - Motion to adopt resolution. ® CITY COUNCIL AGENDA -3- May 10, 1999 h. Resolution Ordering the Correction of Hazardous Conditions and Further for the Abatement of Public Nuisances, Safety and Health Hazards and Other Ordinance and Statutory Violations with Respect to that Real Estate Located at 7231 Knox Avenue North, Brooklyn Center, Minnesota 55430 Legally Described as Tract F, Registered Land Survey No. 1409, Hennepin County, Minnesota -Requested Council Action: - Motion to adopt resolution. i. Resolution Ordering the Correction of Hazardous Conditions and Further for the Abatement of Public Nuisances, Safety and Health Hazards and Other Ordinance and Statutory Violations with Respect to that Real Estate Located at 6301 Brooklyn Boulevard, Brooklyn Center, Minnesota 55429 Legally Described as Lot 5 Except that Part Thereof Which Lies Southwesterly of Trunk Highway No. 152 as Now Located and Established and Southeasterly of the Following Described Line: Beginning at a Point on the Southwesterly Boundary of said Trunk Highway No. 152 Distant 25 Feet Northwesterly of Its Intersection with the Northerly Boundary of 63rd Avenue North; . Thence Run Southwesterly to a Point on Said Northerly Boundary Distant 25 Feet Westerly of Said Intersection, Block 2, Fair Meadows, Hennepin County, Minnesota -Requested Council Action: - Motion to adopt resolution. j. Resolution Ordering the Correction of Hazardous Conditions and Further for the Abatement of Public Nuisances, Safety and Health Hazards and Other Ordinance and Statutory Violations with Respect to that Real Estate Located at 4639 France Avenue North, Brooklyn Center, Minnesota 55429 Legally Described as the North 110 Feet of the South 210 Feet of the East 435.06 Feet of Government Lot 3, Section 10, Township 118 North, Range 21, According to the United States Government Survey Thereof and Situate in Hennepin County, Minnesota -Requested Council Action: - Motion to adopt resolution. k. Co -op Northwest 2nd Quarter Funding Request -Requested Council Action: - Council approve request. 1. Resolution Awarding a Contract for Dental Insurance for City Employees -Requested Council Action: is - Motion to adopt resolution. ® CITY COUNCIL AGENDA 4- May 10, 1999 m. Resolution Authorizing Labor Agreement Between the City of Brooklyn Center and Law Enforcement Labor Services Local No. 86 (Representing Police Sergeants) -Requested Council Action: - Motion to adopt resolution. 8. Adjournment • City Council Agenda Item No. 6a s • 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 APRIL 12, 1999 CITY HALL 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: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Police Chief Joel Downer, Public Works Director Diane Spector, and Recording Secretary Maria Rosenbaum. 1. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS . Councilmember Lasman and Councilmember Nelson had a few questions on the agenda items. Public Works Director Diane Spector give an overview of the southeast street and utility improvement project. 2. GENERAL UPDATE AND QUESTIONS REGARDING POLICE OPERATIONS AND TRAFFIC ENFORCEMENT Police Chief Joel Downer discussed the targeted areas for traffic enforcement which are as follows: ► Humboldt Avenue (65th to 69th) ► 63rd (west of Brooklyn Boulevard) ► Noble and Woodbine ► France (63rd to 73rd) Mr. Downer informed the Council that DWI arrests have been down in the past three to four years due to more awareness and persons using the freeway more which is patrolled by the State. Mr. Downer also informed the Council that the Police Department is working with the hotels /motels in the City. There are 900 rooms now available in the City of Brooklyn Center. • 03/22/99 -1- DRAFT The Police Department has one officer working with each hotel /motel and the combined effort of the hotel /motel and police has led to some arrests. 40 3. MISCELLANEOUS No miscellaneous items discussed. 4. ADJOURNMENT Study session adjourned at 6:45 p.m. City Clerk Mayor 0 03/22/99 -2- DRAFT . MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 12, 1999 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 6:46 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Police Chief Joel Downer, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. ® INFORMAL OPEN FORUM la. Request of Richard Hauer Regarding Trees in the Southeast Street and Utility Improvement Project Mr. Richard Hauer, 5706 Irving Avenue North, addressed the Council regarding the trees being removed in the southeast street and utility improvement project. Laurie Erkkila, 5613 Irving Avenue North, addressed the Council about the trees that would removed during this project. Carol Darling, 5318 Girard Avenue North, addressed the Council with her concerns about the trees being removed. ADJOURN INFORMAL OPEN FORUM The Council adjourned the informal open forum at 7:02 p.m. 2. INVOCATION Christopher Thao, Brooklyn Center resident, offered the invocation. 04/12/99 -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 7:06 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager /HR Director Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Nelson reported that he attended the League of Minnesota Cities Legislative Update on March 25, 1999. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Hilstrom requested item 6k be removed from the consent agenda and placed on the council consideration items. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the minutes from the March 22, 1999, study session and regular session and March 29, 1999, special work session and special work session with commission chairs. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. AMUSEMENT DEVICE Americlnn Motel and Suites 04/12/99 -2- DRAFT MECHANICAL SYSTEMS Dave's Refrigeration 160137th Ave. NE, Columbia Heights Forced Air Incorporated 4131 Old Sibley Memorial, Eagan General Sheet Metal Corporation 2330 Louisiana Avenue N., Minneapolis Minnesota Heating and Air Conditioning, Inc. 1070193rd Avenue North, Maple Grove Riccar Heating and Air 2387 Commercial Blvd. NW, Andover River City Street Metal, Inc. 9928 Bluebird Street NW, Coon Rapids MOTOR VEHICLE DEALERSHIP Bob Ryan Oldsmobile 6700 Brooklyn Boulevard Brookdale Chrysler Plymouth 6121 Brooklyn Boulevard Brookdale Ford 2500 County Road 10 Iten Chevrolet Company 6701 Brooklyn Boulevard RENTAL DWELLING Renewal: Bartholmew Dabrowski 5001 Ewing Avenue North is M hael Cederberg 7230 West River Road Minnesota Lakes Realty 873 -77 70th Avenue North Norman Chazin Carrington Drive Orval Hage 1807 70th Avenue North is Paul Henkel 3012 -18 51st Avenue North 6e. RESOLUTION APPOINTING THE DEPUTY CITY TREASURER RESOLUTION NO. 99 -48 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPOINTING THE DEPUTY CITY TREASURER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6d. SITE PERFORMANCE GUARANTEE RELEASE - Rainbow Foods (6350 Brooklyn Boulevard) A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve site performance guarantee release for Rainbow Foods at 6350 Brooklyn Boulevard. Motion passed unanimously. • 04/12/99 -3- DRAFT 6e. RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE • OF ONE FOUR WHEEL DRIVE TRACTOR WITH LOADER RESOLUTION NO. 99 -49 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE FOUR WHEEL DRIVE TRACTOR WITH LOADER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6f. RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICE AGREEMENT FOR THE FINAL DESIGN OF IMPROVEMENT PROJECT NO. 1999 -16, BROOKLYN BOULEVARD ENHANCEMENTS RESOLUTION NO. 99 -50 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICE AGREEMENT FOR THE FINAL DESIGN OF IMPROVEMENT PROJECT NO. 1999 -16, BROOKLYN BOULEVARD ENHANCEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6g. AUTHORIZING CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ON -SITE SANITATION FOR CHEMICAL TOILET SERVICES A motion by Councilmember Lasman, seconded by Councilmember Nelson to authorize City Manager to enter into an agreement with On -Site Sanitation for chemical toilet services. Motion passed unanimously. 6h. RESOLUTION AUTHORIZING EXPENDITURE OF FORFEITURE FUNDS AS OUTLINED IN ATTACHED "EXHIBIT A" RESOLUTION NO. 99 -51 Councilmember Lasman introduced the following resolution and moved its adoption: 04/12/99 -4- DRAFT ® RESOLUTION AUTHORIZING EXPENDITURE OF FORFEITURE FUNDS AS OUTLINED IN ATTACHED "EXHIBIT A" The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6i. RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON DUPONT AVENUE NORTH, 55TH AVENUE NORTH TO 57TH AVENUE NORTH RESOLUTION NO. 99 -52 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON DUPONT AVENUE NORTH, 55TH AVENUE NORTH TO 57TH AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6j. RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE SELF - PROPELLED PAVEMENT MARKING MACHINE RESOLUTION NO. 99 -53 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE SELF - PROPELLED PAVEMENT MARKING MACHINE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6k. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 1999-01,02, AND 03, CONTRACT 1999 -A, SE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS This item was removed from the consent agenda and placed on the council consideration items. 61. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR VOICE/DATA/PAGING /CATV CABLING AND CEILING DEVICES FOR BROOKLYN CENTER POLICE DEPARTMENT, IMPROVEMENT PROJECT NO. 1998 -09 • 04/12/99 -5- DRAFT RESOLUTION NO. 99 -54 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR VOICE /DATA/PAGING /CATV CABLING AND CEILING DEVICES FOR BROOKLYN CENTER POLICE DEPARTMENT, IMPROVEMENT PROJECT NO. 1998 -09 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7. COUNCIL CONSIDERATION ITEMS 7a. RESOLUTION AUTHORIZING EXECUTION OF STATE OF MINNESOTA 1999 COPS OVERTIME AGREEMENT Mr. McCauley discussed this was a grant the Police Department applied for and received from the State of Minnesota, Department of Public Safety, for overtime funding for certain community policing initiatives. The initiative will take place in the Sterling Square, Brookside Manor, and Summerchase apartment complexes. RESOLUTION NO. 99 -55 Councilmember Hilstr m introduced the d moved its adoption: o trodu e followin resolution an o g RESOLUTION AUTHORIZING EXECUTION OF STATE OF MINNESOTA 1999 COPS OVERTIME AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7b. NORTHWEST HENNEPIN REGIONAL HUMAN RIGHTS COMMISSION Mr. McCauley reported the Northwest Hennepin Regional Human Rights Commission meeting was held on March 23, 1999, with various commissioners and City representatives to see if it was feasible to form a regional human rights commission. It appears there is adequate agreement to proceed with the commission concept. There is currently one member remaining on Brooklyn Center's Human Rights and Resources Commission. It was noted that this commission member, Shawn Taylor, should be contacted to inquire if he is still interested in serving on the commission. It was suggested that one more commissioner should be appointed to serve on this commission. Staff will advertise for a member or members to serve on the commission and bring this issue back to the Council. o 04/12/99 -6- DRAFT • * * Mayor Kragness suggested having item 6k from the consent agenda discussed first, then move forward items 7k and 7o from the council consideration items, since there were people in the audience to address the Council. 6k RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 1999 -01, 02, AND 03, CONTRACT 1999 -A, SE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mayor Kragness asked if anyone wanted to addressed the Council regarding the project. Several residents addressed the Council in regards to the marking of trees in the project area. The concern of many residents was why the trees had to be removed. They questioned if the work for the project could be done around the existing trees so the trees do not have to be removed. Laurie Erkkila, 5613 Irving Avenue North, addressed the Council regarding legal liabilities. She stated that she would be willing to sign a waiver that would not hold the City responsible and get the needed insurance. City Attorney Charlie LeFevere discussed the legal aspects of trees in the boulevard as potential sources of liability since the property owner could not release potential claims from others if a tree fell due to a weakened state from construction activities. Rich Hauer, 5706 Irving Avenue North, addressed the Council regarding Gary Johnson, Associate Professor of Urban and Community Forestry. He requested the Council to seek input from Mr. Johnson before removing any trees. City Manager Michael McCauley discussed the resolution before the Council is accepting bid and awarding contract for the continuation of work in the southeast neighborhood project. He reviewed the reasons for the marking of the trees in the project area and why it is important for the marked trees to be removed. Councilmember Hilstrom asked if the marked trees would be removed right away if the resolution was approved this evening. Public Works Director Diane Spector responded that the contractor clears and grubs the trees, clears the pavement, and then removes the boulevard sod. The removal of trees would start within a week or two. It was the consensus of the Council to have staff meet with individual residents that have trees marked to reevaluate the issue of removing their trees. • 04/12/99 -7- DRAFT RESOLUTION NO. 99 -56 O Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 1999 -01, 02, AND 03, CONTRACT 1999 -A, SE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7k. RESOLUTION REQUESTING THE HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO INSTALL A TRAFFIC CONTROL SIGNAL SYSTEM ON CSAH (BROOKLYN BOULEVARD) AT THE TH 100 SOUTH RAMP TERMINAL Mr. McCauley discussed at a previous informal open forum the Council was addressed regarding traffic control improvements from residents for the closure of the ramps at 50th Avenue. This resolution requests the Hennepin County Department of Transportation and the Minnesota Department of Transportation (Mn/DOT) to install a traffic control signal system on CSAH (Brooklyn Boulevard) at the TH 100 south ramp terminal. Jim Grube, Hennepin County Highway Systems, was present to accept the resolution on behalf of the Hennepin County Department of Transportation. He explained the County's position with the issue and that the County would have to wait for a response from Mn/DOT. Jan Hungerford, 4931 Irving Avenue North, addressed the Council regarding the closure of 50th Avenue and asked why the City is holding up the process. Mr. McCauley discussed that all traffic will move to the intersection of TH 100 and that is why the traffic signal is needed before the closure of 50th Avenue. Mr. McCauley stated that the next step would be to get a formal response from Mn/DOT and encouraged the residents to keep in touch with Mn/DOT. RESOLUTION NO. 99 -57 Councilmember Lasman introduced the following resolution and moved its adoption: 04/12/99 -8- DRAFT • RESOLUTION REQUESTING THE HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO INSTALL A TRAFFIC CONTROL SIGNAL SYSTEM ON CSAH (BROOKLYN BOULEVARD) AT THE TH 100 SOUTH RAMP TERMINAL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7o. RESOLUTION AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (SHINGLE CREEK TOWER PROJECT), SERIES 1999 IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $7,200,000, WHICH BONDS AND THE INTEREST AND PREMIUM THEREON, IF ANY, SHALL BE PAYABLE SOLELY FROM THE REVENUES OF THE PROJECT; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, A LOAN AGREEMENT, REGULATORY AGREEMENT AND CERTAIN RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; AUTHORIZING ACCEPTANCE OF THE BOND PURCHASE AGREEMENT IN CONNECTION WITH THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID REVENUE BONDS Mr. McCauley discussed this resolution would give final approval of a $7.2 million housing revenue bond for the purchase and rehabilitation of 6221 Shingle Creek Parkway. The bond issue is not a general obligation of the City. The revenues from the project are the sole source of income to be used to pay off the bonds. Mr. Boisclair, at the direction of HUD Central, is not asking the City to hold the note on the Section 236 financing. The Minnesota Housing Finance Agency is being asked to assume the responsibility as well as monitoring the project. Mr. Boisclair informed the Council that he had not received a formal commitment from the Minnesota Housing Finance Agency, that a letter had been sent, and that they should have a tentative response on April 15 or 16, 1999. RESOLUTION NO. 99 -58 Councilmember Peppe introduced the following resolution and moved its adoption: r 04/12/99 -9- DRAFT RESOLUTION AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (SHINGLE CREEK TOWER PROJECT), SERIES 1999 IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $7,200,000, WHICH BONDS AND THE INTEREST AND PREMIUM THEREON, IF ANY, SHALL BE PAYABLE SOLELY FROM THE REVENUES OF THE PROJECT; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, A LOAN AGREEMENT, REGULATORY AGREEMENT AND CERTAIN RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND SALE OF THE BOND AND DIRECTING DELIVERY THEREOF; AUTHORIZING ACCEPTANCE OF THE BONDS PURCHASE AGREEMENT IN CONNECTION WITH THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID REVENUE BONDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7c. RESOLUTION OPPOSING HOUSE FILE 1276 Mr. McCauley discussed this resolution would prohibit staff of local units of government from serving on watershed management organizations, or otherwise limiting the member municipalities in watershed management organizations from organizing their intergovernmental cooperation upon such terms and conditions as are found by the participating members to be most efficacious in dealing with watershed issues. RESOLUTION NO. 99-59 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION OPPOSING HOUSE FILE 1276 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7d. PROCLAMATION DECLARING MAY 8, 1999, TO BE A DAY OF SPIRITUAL REDEDICATION AND PRAYER IN BROOKLYN CENTER Mayor Kragness read the proclamation declaring May 8, 1999, to be a day of Spiritual Rededication and Prayer in Brooklyn Center. A motion by Councilmember Peppe, seconded by Councilmember Lasman to adopt proclamation declaring May 8, 1999, to be a day of Spiritual Rededication and Prayer in Brooklyn Center. Motion passed unanimously. 04/12/99 -10- DRAFT . 7e. SET DATE AND TIME OF WORK SESSION Mr. McCauley requested April 20, 1999, at 7:00 p.m. in Conference Room B be set for a work session to discuss Civic Center building issues. A motion b Councilmember Lasman seconded b Councilmember Hilstrom to set April 20 1999 Y � Y p > for a work session. Motion passed unanimously. 7f. POLICY REGARDING TRAFFIC SAFETY SIGNS Mr. McCauley reported on the current policy regarding traffic safety signs. It was found that very few communities install "children at play" signs. These signs have no evidence to impact vehicle speeds or reduced accidents. Councilmember Hilstrom asked what the residents requesting these signs can do to help reduce the volume and speed of traffic in the area. Mr. McCauley responded that a study can be done with radar, and the Police Department could provide more enforcement in the area. Another suggestion was residents could petition for sidewalk improvements. I 7g. RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA Mayor Kragness discussed that she attended the program for a Tree City USA and that it was very rewarding. RESOLUTION NO. 99 -60 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson Declaring April 30, 1999, Arbor Day and May 1999 Arbor Month in Brooklyn Center. Motion passed unanimously. 7h. 53RD AVENUE GREENWAY REPORT Mr. McCauley reported the target date for plans and specifications for the trailway, fence, and signage will be at the April 26, 1999, City Council meeting. Rough grading has started along the greenway. 04/12/99 -11- DRAFT The sidewalk will most likely need to be removed for this grading prior to the trail placement. Contracts would be awarded, if all goes well, by the end of May, and the target for sod and fencing would be by the end of July. 7i. SET DATE AND TIME FOR JOINT MEETING WITH GOLDEN VALLEY, CRYSTAL, ROBBINSDALE, AND NEW HOPE CITY COUNCILS REGARDING HIGHWAY 100 AESTHETIC DESIGNS Mr. McCauley informed the Council that May 6, 1999, will be the date for the joint meeting with the cities of Golden Valley, Crystal, Robbinsdale, and New Hope regarding Highway 100 aesthetic designs. It was noted that not all Councilmembers would be able to attend the joint meeting on May 6, 1999. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to set May 6, 1999, for a joint meeting with the cities of Golden Valley, Crystal, Robbinsdale, and New Hope. Motion passed unanimously. 7j. RESOLUTION RELATING TO I- 94/694 AND ZANE AVENUE NORTH Mr. McCauley stated this resolution states that the Council no longer requests a Zane interchange design alternate based on the upgrading of Brooklyn Boulevard and the fact that Brooklyn Park does not want to interchange at Zane. Council discussed the area to contact by letter for mailings in regard to this issue by Mn/DOT. It was the consensus of the Council to have mailings from 63rd Avenue to 69th Avenue, and to have one Open House for the entire project. This recommendation will be forwarded to Mn/DOT RESOLUTION NO. 99 -61 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION RELATING TO I- 94/694 AND ZANE AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 71. RESOLUTION AMENDING THE 1999 CENTRAL GARAGE BUDGET AND AUTHORIZING THE PURCHASE OF ONE TRACK TYPE DOZER Mr. McCauley discussed this resolution would move the process of dozer replacement forward one year and allow undertaking some scheduled projects without needing to rent a piece of equipment. The Central Garage has $59,400 as of April 1, 1999, built in for replacement funds for the dozer. 04/12/99 -12- DRAFT • The final cost of the new, used dozer would be $55,225.57. RESOLUTION NO. 99 -62 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1999 CENTRAL GARAGE BUDGET AND AUTHORIZING THE PURCHASE OF ONE TRACK TYPE DOZER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7m. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO LEASE SPACE ON WATER TOWER #2 TO NEXTEL FOR THE PURPOSE OF INSTALLING WIRELESS COMMUNICATIONS ANTENNAS Mr. McCauley reported that Nextel had submitted an application to place wireless antennas on water tower #2, and that this would generate revenues consistent with the City's policy. RESOLUTION NO. 99 -63 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO LEASE SPACE ON WATER TOWER #2 TO NEXTEL FOR THE PURPOSE OF INSTALLING WIRELESS COMMUNICATIONS ANTENNAS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7n. RESOLUTION REJECTING BIDS FOR COMMUNICATIONS EQUIPMENT, IMPROVEMENT PROJECT NO. 1998 -09, BROOKLYN CENTER POLICE STATION Mr. McCauley discussed that four bids were received for the dispatch console furniture and control electronics. The lowest bid was rejected based on an evaluation that the bidder did not meet all the requirements, and the third lowest bid proposal incorrectly bid additional control electronics. After reviewing the proposals staff would recommend rejecting all bids and rebidding. This will allow for correction of the bid specifications. RESOLUTION NO. 99 -64 Councilmember Hilstrom introduced the following resolution and moved its adoption: 04/12/99 -13- DRAFT RESOLUTION REJECTING BIDS FOR COMMUNICATIONS EQUIPMENT, IMPROVEMENT PROJECT NO. 1998 -09, BROOKLYN CENTER POLICE STATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adjourn the meeting at 9:09 p.m. Motion passed unanimously. City Clerk Mayor 04/12/99 - DRAFT T MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL WORK SESSION APRIL 20, 1999 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met for a Special Work Session at Brooklyn Center City Hall and was called to order by Mayor Myrna Kragness at 7:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, and Ed Nelson. Robert Peppe was absent. Also present: City Manager Michael J. McCauley, Assistant City Manager /HR Director Jane Chambers, CARS Director Jim Glasoe, Administrative Specialist Anne Finn, and Recording Secretary Maria Rosenbaum. OVERVIEW PRESENTATION OF MATERIALS AND ISSUES ® City Manager Michael McCauley eviewed the materials provided for an questions or discussion t3' g Y p Y q the Council may have and discussed the choices of direction. Council discussed the differences between the options, the total cost of each option, and the construction issues, time lines, and area. Mayor Kragness said she would like to get input from the Financial Commission and Park and Recreation Commissions. Councilmember Lasman said that she agrees with the option of a new building; however needs more support provided to help the community understand why and how this option would be best. Councilmember Hilstrom said that she would like to send this information to the Financial Commission and Park and Recreation Commission to get their input before going to the public. It was noted that the option of adding an addition should be deleted before sending the options to the commissions due to it is not a favorable option. 04/20/99 -1- DRAFT • The consensus of the Council was to send the two options to the Financial Commission and the Park and Recreation Commission as a study to review and discuss their thoughts with the Council at a joint meeting in June. ADJOURNMENT Council adjourned the meeting at 9:30 p.m. City Clerk Mayor 04/20/99 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION APRIL 26, 1999 CITY HALL 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: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Public Works Director Diane Spector, and Recording Secretary Maria Rosenbaum. COUNCIL DISCUSSION OF AGENDA ITEMS Council discussed and reviewed options for agenda item 8g, Highway 100 - Robbinsdale/Brooklyn Center Cooperative Proposal. LEGISLATURE ELECTED OFFICIAL CONTRACTS RE: LEVY LIMITS, FEE LIMITS AND REVERSE REFERENDA, ETC. City Manager Michael McCauley highlighted the levy and fee limits, discussed the reverse referenda levy, and asked each Council Member to contact their Legislators regarding this potential legislation. LEAGUE OF MINNESOTA CITIES AWARD APPLICATION FOR 53RD PROJECT Mr. McCauley discussed that materials are being compiled for the 53rd Project cities award application. 6442 COLFAX PROSECUTION: CODE VIOLATIONS Mr. McCauley reported City Prosector Bill Clelland is now involved in the 6442 Colfax prosecution Y P tY p and had issued an immediate citation. • 04/26/99 -1- DRAFT UPDATE ON SHINGLE CREEK TOWERS - MHFA IN PRINCIPLE WILL ASSUME • REGULATORY DUTIES, HOLD NOTE Mr. McCauley updated the Council that a letter was received and if an agreement can be reached between Mr. Boisclair and MHFA, the MHFA will hold the note. CLOSING 50TH: COUNCIL MEMBER NELSON DISCUSSIONS Council discussed Councilmember Nelson's suggestion to consider temporarily closing 50th Avenue. Consensus of the Council was that 50th could not be closed without the ability to deal with increased traffic at Brooklyn Boulevard exiting from northbound Highway 100. CAPITAL IMPROVEMENT PLAN - PROJECT ADDITION /SUBTRACTION PROCESS Mr. McCauley suggested continuing this issue to the next study session. ADJOURNMENT Study session adjourned at 6:45 p.m. 0 City Clerk Mayor 04/26/99 -2- DRAFT 0 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 APRIL 26, 1999 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: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. ® Councilmember Nelson informed the Council of the upcoming Prayer Breakfast on May 8, 1999. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to adjourn the informal open forum at 6:50 p.m. Motion passed unanimously. 2. FLAG CEREMONY Boy Scout Troop 575 performed the flag ceremony. 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 r 04/26/99 -1- DRAFT Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Lasman reported that a Police /Citizen Award Ceremony will be on April 28, 1999, and that there will be a Crime Prevention Golf Tournament on May 21, 1999. Councilmember Nelson reported that he attended the North Metro Mayors Meeting on April 14, 1999, and the State of the County Address on April 22, 1999. Mayor Kragness reported this is the 50th year for Brooklyn Center's volunteer fire program. She gave a word of thanks to all the volunteers that have provided service. Councilmember Hilstrom reported on the Commission Recognition that was held on April 19, 1999. She also informed the audience there are commission appointments available and to contact City Clerk Sharon Knutson for an application. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve the agenda and consent agenda. Motion passed unanimously. 6a. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve the following list of licenses. Motion passed unanimously. MECHANICAL SYSTEMS Air One Company 6317 Welcome Avenue North, Brooklyn Park Dependable Indoor Air Quality, Inc. 2619 Coon Rapids Boulevard, Coon Rapids Marsh Heating and Air Conditioning 6248 Lakeland Avenue North, Brooklyn Park Sedgwick Heating and Air Conditioning 8910 Wentworth Avenue South, Minneapolis MOTOR VEHICLE DEALERSHIP Metro Brookdale LLC 7235 Brooklyn Boulevard R. L. Brookdale Motors, Inc. 6815 Brooklyn Boulevard 0 04/26/99 -2- DRAFT ® RENTAL DWELLING Initial: Mark Anderson 4200 Lakebreeze Avenue North Thomas Lee 4216 Lakebreeze Avenue North Tou Lee 4201 66th Avenue North Renewal: Evan Luth Church of the Master 1100 69th Avenue North Willco Properties 5107 Drew Avenue North TOBACCO RELATED PRODUCT Tobacco Center, Inc. 6300 Brooklyn Boulevard 6b. RESOLUTION AUTHORIZING THE RECONVEYANCE OF CERTAIN TAX- FORFEITED PROPERTY AND REQUESTING A RESALE RESOLUTION NO. 99 -65 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE RECONVEYANCE OF CERTAIN TAX - FORFEITED PROPERTY AND REQUESTING A RESALE i The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6c. RESOLUTION ACCEPTING BIDS, AND AWARDING CONTRACTS FOR CONSTRUCTION OF NEW WEST FIRE STATION 1998 -10 AND RECONSTRUCTION OF EAST FIRE STATION 1998 -11 RESOLUTION NO. 99-66 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS, AND AWARDING CONTRACTS FOR CONSTRUCTION OF NEW WEST FIRE STATION 1998 -10 AND RECONSTRUCTION OF EAST FIRE STATION 1998 -11 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6d. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1999-09, CONTRACT 1999 -F, ELEVATED • STORAGE TANK REPAIR, TOWER #1 04/26/99 -3- DRAFT RESOLUTION NO. 99 -67 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1999 -09, CONTRACT 1999 -F, ELEVATED STORAGE TANK REPAIR, TOWER #1 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7. PLANNING COMMISSION ITEM 7a. PLANNING COMMISSION APPLICATION NO. 99004 SUBMITTED BY PROGRESSIVE CONSULTING ENGINEERS, INC. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR AN APPROXIMATE 1,200 SQ. FT. ADDITION TO THE NORTH SIDE OF TARGET STORE, 6100 SHINGLE CREEK PARKWAY Planning and Zoning Specialist Ron Warren gave a brief overview of Planning Commission Application No. 99004 submitted by Progressive Consulting Engineers, Inc. request for site and building plan approval for an approximate 1,200 sq. ft. addition to the north side of Target Store, 6100 Shingle Creek Parkway. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve Planning Commission Application No. 99004 subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure the completion of site improvements. 3. The building addition is 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. 4. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. s 04/26/99 -4- DRAFT ® 5. The applicant shall execute a revised restrictive covenant limiting the use of the existing and proposed stock rooms to warehouse use only under current or new ownership. The restrictive covenant shall be reviewed and approved by the City Attorney and be filed with the title to the property at Hennepin County prior to the issuance of building permits for this expansion. 6. The yard limit agreement prohibiting structures within 60 feet of the building shall be revised to reflect the ro osed new expansion in a manner acceptable to the City Attorney and be p p p P Y Y filed with the title to the property at Hennepin County prior to the issuance of building permits. 7. Plan approval includes the landscape plan submitted to ensure the site is brought into conformance with current City requirements for landscaping. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS FROM NEU AND COMPANY City Manager Michael McCauley discussed the summary from NEU and Company of key observations and conclusions from the City Council facilitated work session. I A motion b Councilmember it tr m seconded b Councilmember Lasman to receive and t acce y un Hi s o cond y C unc p the summary from NEU and Company. Motion passed unanimously. 8b. RESOLUTION ADOPTING YEAR 2000 POLICY AND ACTIVITIES REPORT Mr. McCauley provided an overview of the City's Year 2000 efforts and discussed adopting this resolution would recognize the Year 2000 Policy and Activities Report for the Year 2000. Council further discussed issues pertaining to the Year 2000. RESOLUTION NO. 99 -68 Councilmember Lasman introduced the following esolution and moved its adoption: g p RESOLUTION ADOPTING YEAR 2000 POLICY AND ACTIVITIES REPORT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember . Nelson. Motion passed unanimously. 04/26/99 -5- DRAFT 8c. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1999 -14, STREET IMPROVEMENTS, EARLE BROWN DRIVE, JOHN MARTIN DRIVE TO EARLE BROWN HERITAGE CENTER PARKING LOT, ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR AN IMPROVEMENT PROJECT HEARING, DECLARING COST TO BE ASSESSED, AND CALLING FOR A SPECIAL ASSESSMENT HEARING Mr. McCauley discussed the resolution establishing Improvement Project No. 1999 -14, street improvements, Earle Brown Drive, accepts the engineer's feasibility report, and calls for an improvement project hearing, declaring cost to be assessed, and calls for a special assessment hearing on May 24, 1999. RESOLUTION NO. 99 -69 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1999 -14, STREET IMPROVEMENTS, EARLE BROWN DRIVE, JOHN MARTIN DRIVE TO EARLE BROWN HERITAGE CENTER PARKING LOT, ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR AN IMPROVEMENT PROJECT HEARING, DECLARING COST TO BE ASSESSED, AND CALLING FOR A SPECIAL ASSESSMENT HEARING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8d. RESOLUTION EXPRESSING RECOGNITION OF JONATHAN KRAGNESS' EAGLE SCOUT PROJECT AT BOB CAHLANDER PARK Councilmember Peppe read the resolution expressing recognition of Jonathan Kragness' Eagle Scout Project at Bob Cahlander Park. Mayor Kragness then presented a certificate to Mr. Kragness and shared that Jonathan is her grandson. RESOLUTION NO. 99 -70 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF JONATHAN K.RAGNESS' EAGLE SCOUT PROJECT AT BOB CAHLANDER PARK The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 04/26/99 -6- DRAFT ® 8e. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1999 -10, STREET IMPROVEMENTS, CAMDEN AND 66TH AVENUE IMPROVEMENTS AND SIGNALIZATION, ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR AN IMPROVEMENT PROJECT HEARING, DECLARING COST TO BE ASSESSED, AND CALLING FOR A SPECIAL ASSESSMENT HEARING Mr. McCauley discussed this is in connection with the Regal project and that the redevelopment of the area will produce a significant amount of additional traffic to the intersection and adjoining area. An improvement project hearing and calling for a special assessment hearing is scheduled for May 24, 1999. Councilmember Hilstrom asked for an update on the project. Mr. McCauley responded staff is waiting for the issue of posting security of demolition of all the buildings which has been held up because they are splitting the property off between the Regal developer and the developer who assembled the property so that the development is consistent with the site plan that was approved by the Planning Commission and the City Council. Once the final resolution is received building permits will be allowed. There will be more information by the May 24, 1999, meeting. RESOLUTION NO. 99 -71 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1999-10, STREET IMPROVEMENTS, CAMDEN AND 66TH AVENUE IMPROVEMENTS AND SIGNALIZATION, ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR AN IMPROVEMENT PROJECT HEARING, DECLARING COST TO BE ASSESSED, AND CALLING FOR A SPECIAL ASSESSMENT HEARING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8f. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING AD FOR BIDS, IMPROVEMENT PROJECT NO. 1999 -05, 53RD AVENUE TRAIL, CONTRACT 1999 -H, TRAIL AND CONTRACT 1999 -I, FENCE AND SIGNAGE Mr. McCauley discussed the previous plans are moving forward and that the Council needs to approve designs for an entrance monument which will be constructed near the location of the old 4th Street right -of -way. Three different options were displayed: • 04/26/99 -7- DRAFT ► Monument similar to those proposed on Brooklyn Bouelvard with fieldstone support columns on a smaller scale. is ► Monument similar to the North Mississippi Regional Trail sign on the Minneapolis side of the park along the river. ► Monument of a fieldstone planter with a small wood, stone or plastic lumber sign. Council discussed the three options and a new fourth option which included part of the monument similar to the North Mississippi Regional Trail sign with square pillars. It was the consensus of the Council to approve option number four. RESOLUTION NO. 99 -72 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING AD FOR BIDS, IMPROVEMENT PROJECT NO. 1999 -05, 53RD AVENUE TRAIL, CONTRACT 1999 -H, TRAIL AND CONTRACT 1999 -I, FENCE AND SIGNAGE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8g. HIGHWAY 100 - ROBBINSDALEBROOKLYN CENTER COOPERATIVE PROPOSAL Mr. McCauley discussed that staff from the City of Brooklyn Center and the City of Robbinsdale met regarding the three options being proposed to deal with traffic from the southwest quadrant of France Avenue and Highway 100 after construction of the Highway 100 project. The project will close the current access from Indiana on to Highway 100 on either side of Highway 100. Three options were covered by Mn/DOT: 1. A short bridge over the wetlands that would enter into a residential area of Robbinsdale. 2. Extend the frontage road and have it run parallel to the off ramp from northbound Highway 100 to France Avenue. 3. Build a bridge across Highway 100 at Indiana with traffic being routed through Brooklyn Center neighborhoods winding their way back to France Avenue. The City Council of the City of Brooklyn Center favors option number 2 to avoid substantial disruption to its residential neighborhoods. City staff felt that the second option also had the most advantages. 04/26/99 -8- DRAFT • Option number 1, which would impact Robbinsdale neighborhoods, would be the least costly design option. Mr. McCauley suggested to the Council that the Council support having Mn/DOT fully explore option number 2 as the most effective means of providing access to the neighborhood and office building located in the southwest quadrant of France Avenue and Highway 100. Mr. McCauley also raised the issue that arrangements would need to be made if the second option were chosen to deal with issues of maintenance, etc. since that roadway would be located in the City of Brooklyn Center but would not serve any part of Brooklyn Center. A motion by Councilmember Peppe, seconded by Councilmember Nelson to approve option number 2, an extended frontage road to run parallel to the off ramp from northbound Highway 100 to France Avenue to France Avenue. Motion passed unanimously. S. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adj ourn the meeting at 7:49 p.m. Motion passed unanimously. City Clerk Mayor • 04/26/99 -9- 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 BOARD OF EQUALIZATION MAY 3, 1999 CITY HALL 1. CALL TO ORDER The Brooklyn Center City Council met as the Board of Equalization and was called to order by Mayor Myrna Kragness at 7 p.m. 2. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present were City Manager Michael J. McCauley, City Assessor Stephen Baker, Hennepin County Assessor Tom May, and Recording Secretary Maria Rosenbaum. 3. STATEMENT OF BOARD OF EQUALIZATION City Manager Michael McCauley opened the meeting with information regarding the State requirement to review the assessed valuation and classification of ro ert within the City. This p p Y Y year's review is limited to the 1999 assessment that affects taxes payable in 2000. 4. CITY ASSESSOR'S REPORT City Assessor Stephen Baker discussed the informal and formal review procedures and informed the Board that the Assessing Department had received 72 calls regarding 1999 assessments. Of the 72 phone calls, two of the residents were not satisfied with their assessments and were present to address the Board. Mr. Baker presented changes of residential sale information from the Realtors MLS System, valuation changes from 1998 to 1999 for residential properties, and changes that had been made to 1999 assessments. The overall value change citywide including all property types is 7.7 percent. The overall value change for residential citywide is 8.2 percent. Mr. Baker reviewed the overall value changes for commercial, industrial, apartments, condominiums, co -ops, townhouses, double bungalows, and a breakdown of residential neighborhoods. 05/03/99 -1- DRAFT 5. APPEARANCES BY TAXPAYERS WITH APPOINTMENTS Burton Petersen, 1112 Woodbine Lane, addressed the Board with his concern about the 10 percent increase on his assessment and asked how the percentages are calculated. Mr. Baker reviewed the assessment process. Dr. Robert Schell, River Road Dental at 512 66th Avenue North, addressed the Board with his concern about the assessment and explained he does not believe the figures make sense. He reported that he had done some checking and had information to share with the Board if they were interested to review the findings. Mr. Baker and the Board discussed the issue further with Dr. Schell and it was the consensus of the Board to affirm the assessment and for Dr. Schell move forward to the County Board for its review. APPEARANCES BY TAXPAYERS WITHOUT APPOINTMENTS Larry Cuskey, 7024 Humboldt Avenue North, addressed the Board with his concern of $5,000 in damages from the hail storms in 1998. Mr. Cuskey believes the damage declined the value of his home and is not satisfied with his assessment. Mr. Baker informed the Board that Mr. Cuskey had called earlier this afternoon and that his property had not been individually inspected. It was suggested to have an inspection done on Mr. Cuskey's home and the City Assessor review before going to the County Board. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to have Mr. Cuskey's property inspected and to accept City Assessor's review before going to the County Board. Motion passed unanimously. Keith Wendt, 6400 Willow Lane, addressed the Board regarding his property being in a flood plain and the City Ordinance pertaining to his type of property. Mr. Wendt explained that he is having a tough time getting a mortgage due to the City Ordinance. Mr. McCauley discussed the City Ordinance pertaining to flood zoned properties and that the City has no control over the issue, it is set by US Army Corps of Engineers and the DNR. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to have Mr. Wendt's property inspected and to accept the City Assessor's review before going to the County Board. Motion passed unanimously. 05/03/99 -2- DRAFT . 6. CONSIDERATION OF WRITTEN APPEALS Mr. Baker informed the Board that there was one written appeal and that it had been resolved. There was no action needed for written appeals. 7. MOTION TO AFFIRM THE BALANCE OF THE ASSESSMENT A motion by Councilmember Peppe, seconded by Councilmember Hilstrom to affirm the balance of the 1998 assessment and accept the City Assessor's recommendation on the properties appearing at the Board. Motion passed unanimously. 8. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to adjourn the meeting at 8:50 p.m. Motion passed unanimously. City Clerk Mayor • 05/03/99 -3- DRAFT City Council Agenda Item No. 6b City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: May 5, 1999 SUBJECT: Licenses for Council Approval T f companies/persons applied for it licenses as noted. Each company/person e ollowin com anies/ ns have a l d C g p p pp Y 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 May 10, 1999: MECHANICAL SYSTEMS C.O. Carlson Air Conditioning, Inc. 1203 Bryant Avenue North, Minneapolis LBP Mechanical, Inc. 315 Royalston Avenue North, Minneapolis Ray N. Welter Heating Company 4637 Chicago Avenue South, Minneapolis i St. Marie Sheet Metal, Inc. 7940 Spring Lake Pa rk Road, Spring Lake Park Sterling Design, Inc. 2205 U.S. Highway 8, St. Croix Falls, WI MOTOR VEHICLE DEALERSHIP Brookdale Dodge 6800 Brooklyn Boulevard RENTAL DWELLING Initial: Renewal: Outreach Community Center 507 69th Avenue North 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. 6c • MEMORANDUM DATE: May 3, 1999 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: Resolution Accepting Work and Authorizing Final Payment, Improvement Project No. 1997 -15, Contract 1997 -L, Pool Ozonization The City Council on August 25, 1997 by Resolution No. 97 -144 awarded a contract to US Mechanical Inc. in the amount of $32,000 to install an ozonization system at the Community Center pool. This would provide an alternate to chlorine disinfection. The swimming pool ozonization system has been satisfactorily operating for several months. The pool has been noticeably less stained, and required less cleaning effort. Less chlorine is required to provide necessary disinfection, resulting in lowered odors, pool chemical costs and less labor for filter backwashing. This system has been operating successfully for several months. The manufacturer recently received notice of NSF (National Sanitation Foundation) compliance from UL (Underwriters ® Laboratories, Inc.). The contract has been completed satisfactorily and it is recommended that the City Council authorize final payment to US Mechanical in the amount of $32,000. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1997 -15, CONTRACT 1997 -L, POOL OZONIZATION WHEREAS, pursuant to written contract signed with the City of rooklyn Center, Minnesota, United States Mechanical, Inc. has satisfactorily completed the following improvement in accordance with said contract: Improvement Project No. 1997 -15 Contract 1997 -L, Pool Ozontzation NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The work completed under said contract is accepted and approved according to the following schedule: Final Project Costs Per Low Bid As Final Contract $32,000 $32,000 Contingencies $3,200 $- Subtotal $35,200 $32,000 Mechanical Engineering $2,300 $3,120 Staff Eng., Admin, & Legal $1,000 $639 Total $38,500 $35,759 Final Proiect Revenues Capital Improvements Fund $38,500 $35,759 2. The actual value of the work performed is $32,000. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $32,000. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: is whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7a Office of the City Clerk City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael I McCauley, City Manager FROM: Sharon Knutson, City Clerk t�"*W- DATE: May 6, 1999 SUBJECT: Mayoral Appointment to Housing Commission Housing Commission (one vacancy) The Housing Commission is composed of a chairperson and eight members. One vacancy exists with a term expiration of December 31, 2000. Notice of vacancy on the Housing Commission was published in the Brooklyn Center Sun -Post on March 24, 1999. Notice was posted at City Hall and Community Center and aired on Cable Channel 37 from March 22 through April 22, 1999. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the commission. They were given the choice of either reapplying or having their application previously submitted considered. Notices were also sent to current advisory commission members. Attached for City Council Members only is a copy of the application received: Kathleen Carmody 7024 Knox Avenue North A letter was sent to the applicant notifying her that her application for appointment would be considered at the May 10, 1999, City Council meeting. Other attachments include: 1) Procedures for filling commission vacancies adopted by the City Council on March 27, 1995. 2) Memorandum from Mayor Kragness indicating her nomination. 3) Housing Commission geographical distribution of current members and applicants. Recommended Council Action: Motion by Council to ratify the Housing Commission nomination by Mayor Kragness with term expiring December 31, 2000. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center Procedures for Filling Commission /Task Force Vacancies Adopted by Council 3 /27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; • 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominees application form in the Y fY pp City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. . i PROCEDUR.CC 031 City of Brooklyn Center Office of the Mayor A great place to start. A great place to stay. MEMORANDUM TO: Councilmember Debra Hilstrom Councilmember Kay Lasman Councilmember Ed Nelson Councilmember Robert Peppe FROM: Myrna Kragness, Mayor DATE: May 3, 1999 SUBJECT: Housing Commission Nomination As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the nomination of Kathleen Carmody, 7024 Knox Avenue North, to the Housing Commission with term expiring December 31, 2000. • • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer . City of Brooklyn Center Housing Commission Geographical Distribution (Chairperson and Eight Members) Current Members May 6, 1999 Neighborhoods borh ood s » >` ><« > >< >«'<��`��<`<«'<< Current Members uu_muuumiui Southeast Donald Arm 2340 Brookview Drive Northeast Kathleen Carmody Lloyd Deuel 7024 Knox Avenue North 1606 72nd Avenue North Muhammed Okoya -Lawal 6910 Humboldt Avenue North Northwest Ernie Erickson 6800 Drew Avenue North West Central James Lano 6424 Indiana Avenue North Michael VonDelinde 5312 Boulder Lane Central Mark Yelich 6018 Beard Avenue North Southwest Christopher Russell 5211 Xerxes Avenue North, #4 City Council Agenda Item No. 7b • MEMORANDUM DATE: May 5, 1999 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services " w SUBJECT: Request From Earle Brown Days, Year 2000 Celebration Committee As you know, the Earle Brown Days, Year 2000 Celebration Committee is currently in the process of developing a series of events and activities intended to showcase the City of Brooklyn Center as we enter the new millennium. These events will focus on both the history of the community and its promise for the future. At their meeting last evening, it was suggested that the kick off event for the Year 2000 celebration would be scheduled for Friday, February 11, (Brooklyn Center's Birthday) at the Community Center. The Committee is considering a dance and some outside winter events, concluding with a special fireworks display. The Committee has asked if the City would consider acting as cosponsor for the fireworks event. In doing so, the Committee would have the benefit of the City's existing insurance policy. The Year 2000 Celebration Committee understands that they would be responsible for raising the money for this very costly event. However, with the City acting as the cosponsor and executing the contract, the Committee would avoid the added cost of a separate and potentially costly insurance policy City Council Agenda Item No. 7c Office of the City Clerk City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Mana,;er FROM: Sharon Knutson, City Clerk DATE: May 5, 1999 SUBJECT: An Ordinance Amending Chapter 19 of the City Ordinances Providing for the Control of Noxious Weeds On April 22, 1999, I received correspondence from the Minnesota Department of Agriculture relating to proposed amendments to rules governing noxious weeds (see attached). As I reviewed the proposed permanent rules relating to noxious weeds, I noticed there were several amendments. I compared the proposed amendments with the City's Noxious Weed Ordinance Sections 19 -1601 through 19 -1604, and noted there were a few amendments which were necessary. I surveyed the cities of Brooklyn Park, Champlin, Crystal, Fridley, Maple Grove, New Hope, and Plymouth to find out if those cities had a weed . ordinance and asked that a copy be sent to me. In reviewing the ordinances from the surveyed cities, I noted that none of the ordinances contained a listing of the plants considered to be classified as "noxious weeds" as does Brooklyn Centers Weed Ordinance; most of the ordinances either referenced or adopted Minnesota Statutes Sections 18.76 to 18.88 "Minnesota Noxious Weed Law" and basically provided language reiterating the Statutes. Attached is a draft ordinance amendment relating to the control of noxious weeds. In the draft ordinance amendment, there are two critical changes: 1) In Section 19 -1602, Minnesota Statute section numbers were updated with correct section numbers. 2 In Section 19 -1603 removal of the listing f noxious weeds since it only lists a few plant g � Y P types and is not all- inclusive. The ordinance amendment references the Rules of the Department of Agriculture which identifies all the plant types considered to be noxious weeds or prohibited. Attachments 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 •L V.,' OF�E ��r Minnesota Department of Agriculture April 21, 1999 T Parties on the Department of Agriculture's Rulemaking Mailing List FROM .7 Carol Milligan, ules Coordinator Commissioner's Office SUBJ: Proposed Rule of the Department of Agriculture s Enclosed you will find a "Notice of Intent to Adopt a Rule Without a Public Hearing" and proposed amendments to rules governing noxious weeds. The notice explains the procedures that will be followed in adopting the rule including opportunities for public comment. The notice and the proposed rules will be published in the Minnesota State Register on Monday, April 26, 1999. The 30 -day comment provided for by the Administrative Procedures Act wilt extend from that date until May 26 1999. All comments on the proposed rule must be received by that date. If you have any questions, please call me at 651/296-6906. Enclosure • • 90 West Plato Boulevard • Saint Paul, Minnesota 55107 -2094 • (651) 297 -2200 • TTY (651) 297 - 5353/1- 800 -627 -3529 An equal opportunity employer Minnesota Department of Agriculture NOTICE OF INTENT TO ADOPT A RULE WITHOUT A PUBLIC HEARING Proposed Amendments to Rules Governing Noxious Weed, Minnesota Rules 1505.0734, 1505.0732, 1505.0740, and 1505.0750. Introduction. The Minnesota Department of Agriculture intends to adopt amendments to permanent rules without a public hearing following the procedures set forth in the Administrative Procedures Act, Minnesota Statutes, sections 14.22 -14.28 and rules of the Office of Administrative Hearings parts 1400.2300- 1400.2310. You have 30 days to submit written comments on the proposed amendments and may also submit a written request that a hearing be held on the amendments. Agency Contact Person. Comments or questions on the amendments and written requests for a public hearing on the amendments must be submitted to: Carol Milligan, Minnesota Department of Agriculture, 90 West Plato Boulevard, St. Paul, MN 55107: ® Phone 651/ 296 -6906, Fax 651/297 -5522. TTY users may contact the Department of Agriculture through Minnesota Relay Service at 1- 800/627 -3529. Subject of Rules and Statutory Authority. The proposed amendments are about designations of noxious weeds and the establishment of a noxious weed evaluation committee. The statutory authority to adopt these amendments is Minnesota Statutes, section 18.79, subd. 4. A copy of the proposed amendments is published in the State Register and attached to this notice as mailed. Comments. You have until 4:30 p.m. , 1999, to submit written comment in support of or in opposition to the proposed amendme s or any subpart of the amendments. Your comments must be in writing and received by the agency contact person by the due date. Comment is encouraged. Your comments should identify the portion of the proposed amendments addressed and the reason for the comment. You are encouraged to propose any change desired. Any comment you would like to make on the legality of the proposed rule must also be made during this comment period. • Request for a Hearing. In addition to submitting comments, you may also request that a hearing be held on the amendments. Your request for ` a� ' public hearing must be in writing and must be received by the agency contact person by 4:30 p.m. on vU�1�A p�j 1999. Your written request for a public hearing must include your name and address. You must identify the portion of the proposed • amendments to which you object or state that you oppose the entire rule. Any request that does not comply with these requirements is not valid and cannot be counted by the agency for determining whether a public hearing must be held. You are also encouraged to state the reason for the request and any changes you want made to the proposed amendments. Withdrawal of Requests. If 25 or more persons submit a written request for a hearing, a public hearing will be held unless a sufficient number withdraw their request in writing. If enough requests for hearing are withdrawn to reduce the number below 25, the agency must give written notice of this to all persons who requested a hearing, explain the actions the agency took to effect the withdrawal, and ask for written comments on this action. If a public hearing is required, the agency will follow the procedures in Minnesota Statutes, sections 14.131- 14.20. Modifications. The proposed amendments may be modified as a result of public comment. The modifications must be supported by the comments and information submitted to the agency, and the adopted rule may not be substantially different than the proposed amendments. If the proposed amendments /rules affect you in any way, you are encouraged to participate in the rulemaking process. Statement of Need and Reasonableness. A Statement of Need and Reasonableness is now available from the agency contact person. This statement contains a summary of the justification for the proposed amendments including a description of who will be affected by the proposed amendments and an estimate of the probable cost of the proposed amendments. Adoption and Review of the Rules. If no hearing is required, the agency may adopt the amendments after the end of the comment period. The amended rules and supporting documents will then be submitted to the Office of Administrative Hearings for review for legality. You may ask to be notified of the date the amended rules are submitted to the office. If you want to be so notified, or want to receive a copy of the adopted amendments, or want to register with the agency to receive notice of future rule proceedings, submit your request to the agency contact person listed above. • Date Sharon Clark, Deputy Commissioner Department of Agriculture 04/06/99 [REVISOR] CEL /jC RD3009 Department of Agriculture Proposed Permanent Rules Relating to Noxious Weeds 3 1505.0730 PROHIBITED NOXIOUS WEEDS. 4 Subpart 1. State prohibited noxious weed list. The plants listed in this part 5 are deemed- by-thc coma-d prohibited noxious weeds because 6 they are injurious to public health, the environment, public roads, crops, livestock, and 7 other property as. Prohibited, noxious weedst must be controlled or eradicated as 8 required in Minnesota Statutes, section 18.78. 9 Common Name Botanical Name 10 11 Field Bindweed Convolvulus arvensis 12 Hemp Cannabis sativa 13 Loosestrife, purp Lythrum salicaria, virzatum, 14 or any combination 15 Mustard, zarlic Alliaria vetiolata (formerly alliaria officinalis) 'Poison Ivy Toxicodendron radicans 18 (formerly rhus radicand 19 Spurge, leafy Euphorbia esula 20 Sow thistle, perennial Sonchus arvensis 21 Thistle, bull Cirsium vulgare 22 Thistle, Canada Cirsium arvense 23 Thistle, musk Carduus nutans 24 Thistle, plumeless Carduus acanthoides 25 26 *Native species to Minnesota 27 Subp. 2. Federal noxious weed list. For the purpose of this part, the plants listed in 28 the Code of Federal Rezulations, title 7, section 360.200, are also prohibited noxious 29 weeds. 30 1505.0732 RESTRICTED NOXIOUS WEEDS. 31 The plants listed in this part are restricted noxious weeds whose only feasible means of control is to prohibit the imparta sale. and transportation of them or their ropagatin�r parts in the state except as provided by Minnesota Statutes, section 18.82. 1505.0732 1 Approved by Revisor L 04/06/99 [REVISOR] CEL /JC RD3009 1 Common Name, Botanical Name Buckthorn, common Rhamnus catharti ca 4 or European 5 Buckthorn, glossy, * Rhamnus frangula, (columnaris, 6 including all cultivars tallcole, asplenifolia, and 7 and all other cultivars 8 9 * Rhamnus frangula is a restricted noxious weed effective December 31, 2000. 10 1505.0734 NOXIOUS WEED POTENTIAL EVALUATION COMMITTEE. 11 The commissioner shall appoint a committee composed of ten members and ten 12 alternate members to evaluate species for invasiveness, difficulty of control, cost of i 13 control, benefits, and amount of injury caused by them. For each species evaluated, the 14 committee shall recommend to the commissioner on which noxious weed list or lists, if 15 anv, the species should be placed. Species currently designated as prohibited or 16 restricted noxious weeds must be re- evaluated every five years for a recommendation 41 on whether or not they need to remain on the noxious weed lists. Members and 18 alternates must be appointed upon the recommendation of each of the following: 19 A. two members and alternates representing horticultural science, azronomv, and 20 forestry at the Universitv of Minnesota; 21 B. one member and an alternate representing the Minnesota Nursery and 22 Landscape Association; 23 C. one member and an alternate representing the seed industry in Minnesota; 2 4 D. one member and an alternate from the Department of Agriculture; 25 E. one member anal an alternate from the Department of Natural Resources; 26 F. one member and an alternate from a conservation organization; 27 G. one member and an. alternate from an environmental organization; H. one member and an alternate from a farm organization; and 1505.0734 2 04/06/99 [REVISOR] CEL /JC RD3009 1 I. one member and an alternate from the Minnesota Association of County W AQriculturalInspectors. 3 An alternate member may serve onlv in the absence of the member for whom the 4 person is an alternate. 5 The committee shall select a chair and a secretary from its membership. The chair 6 shall conduct meetings and deliberations of the committee. The secretary shall keep 7 accurate records of all meetings and deliberations and perform other duties for the 8 committee as the chair may direct. The purpose of the committee is to conduct 9 evaluations of terrestrial plant species to recommend if they need to be designated as 10 noxious weeds in the state. The committee may be called into session by or at the I 11 direction of the commissioner or upon direction of its chair to evaluate terrestrial plants 12 to consider recommending additions or deletions to the noxious weed lists contained in 13 parts 1505.0730 to 1505.0740. 0 1505.0740 SECONDARY NOXIOUS WEEDS. 25 The common and botanical names for secondary noxious weeds are those listed in the 16 following table. 17 Common Name Botanical Name 18 19 Alyssum, hoary Berteroa incana 20 *Artichoke, Jerusalem Helianthus tuberosus 21 Buckwheat, wild Polygonum convolvulus 22 '�Buffalobur Solanum rostratum 23 Burdock Arctium minus Z4 Buttercup, tall Ranunculus acris 25 *Bracken Pteridium aquilinum 26 Carrot, wild Daucus carota 27 Catchfly, nightflowering Silene noctiflora 28 Cockle, white Lychnis alba 29 _Cocklebur, common Xanthium P enns Y lvanicum 30 Daisy, oxeye Chrysanthemum leucanthemum 31 Dock, curly Rumex crispus 2 Flixweed Descurainia sophia Foxtail, giant Setaria faberii 4 *Gumweed, curlvcup Grindelia squarrosa 1505.0740 3 04/06/99 [REVISOR] CEL /JC RD3009 1 Hawksbeard, narrowleaf Crepis tectorum Hawksbeard, smooth Crepis capillaris Hawkweed, orange Hieracium aurantiacum 4 Jimsonweed Datura Stramonium 5 Knapweed, Russian Centaurea repens 6 Knavweed, spotted Centaurea maculosa 7 Kochia Kochia scoparia 8 Lamb's - quarters, common Chenopodium album 9 Mallow, Venice Hibiscus trionum 10 'Marsh elder Iva xanthifolia 11 *Milkweed, common Asclepias syriaca 12 *Muhly, wire stem Muhlenbergia frondosa 13 Mustard, wild Brassica kaber 14 Nightshade, black Solanum nigrum 15 Nutsedge, yellow (nutgrass) Cyperus esculentus 16 Oat, wild Avena fatua 17 Panicum, fall Panicum dichotomiflorum 18 Panicum, wild proso millet Panicum miliaceum 19 Pigweed, redroot Amaranthus retroflexus 20 Pigweed, prostrate Amaranthus blitoides 21 Quackgrass Agropyron repens 22 Radish, wild Raphanus raphanistrum 40 *Ragweed, common Ambrosia artemisiifolia *Ragweed, giant Ambrosia trifida 25 * Sanbur, field long seined Cenchrus patteiflartts incertus 26 *Smartweed, Pennsylvania Polygonum pennsylvanicum 27 Smartweed (lady's thumb) Polygonum persicaria 28 Sorzhum -almum Sorghum almum 29 *Sunflower, common (except Helianthus annuus 30 cultivars) 31 Tansy Tanacetum vulgare 32 Thistle, Russian Salsola kali 33 Velvetleaf Abutilon theophrasti 34 Yellow rocket Barbarea vulgaris 35 Wooly cupgrass Eriochloa villosa 36 '*Wormwood, absinthe Artemisia absinthium 37 38 *Native species to Minnesota 39 1505.0750 ADDING TO NOXIOUS WEED LIST, COUNTY NOXIOUS WEED 40 PETITION. 41 The Minnesota commissioner of agriculture may without further hearing, take a weed or weeds from the secondary noxious weed list; in part 1505.0740; and add it to 1505.0750 4 04/06/99 [REVISOR] CEL /JC RD3009 1 the prohibited or restricted noxious weed in parts 1505.0730; and 1505.0732 on a county basis if: 3 A. a majority of the t:- riruEp town boards and city mayors in a county petition the 4 commissioner of agriculture, on forms provided by the department, to add a weed or 5 weeds to the pfifnary county prohibited or restricted noxious weed list on the grounds 6 that the weed or weeds are injurious to public health, the environment, public roads, 7 crops, livestock, or other property; ftttd 8 B. the petition is approved by that county's board of county commissioners; and 9 C. the commissioner of agriculture deems the weed or weeds to be injurious to 10 public health, the environment, public roads, crops, livestock, or other property. • 5 Office of the Revisor of Statutes Administrative Rules TITLE: Proposed Permanent Rules Relating to Noxious Weeds AGENCY: Department of Agriculture MINNESOTA RULES: Chapter 1505 The attached rules are approved for publication in the State Register Craig E. Lindeke Senior Assistant Revisor CITY OF BROOKLYN CENTER DRAFT Notice is hereby given that a public hearing will be held on the day of . 1999, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 19 of the City Ordinances providing for the control of noxious weeds. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. I AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES PROVIDING FOR THE CONTROL OF NOXIOUS WEEDS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 19 -1601. CONTROL OF NOXIOUS WEEDS. It shall be the duty of • every occupant of land or, if the land is unoccupied, the owner thereof, or his agent, or the public official in charge thereof, to cut down, otherwise destroy, or eradicate all noxious weeds as hereinafter defined, standing, being, or growing upon such land, except for areas within natural preserves, in such manner and at such times as may be directed or ordered by the Brooklyn Center Weed Inspector. Natural preserves shall be publicly owned lands designated as park or open space or private properties approved by the City. Section 19 -1602. ADOPTION OF STATUTES BY REFERENCE. The reeulatory provisions of Minnesota Statutes Sections 18.181 &n, +48-.2844&4444 4 18.76 to 18.88 "Minnesota Noxious Weed Law" are hereby adopted by re€erenee for the control of noxious weeds within the Citv of Brooklvn Center. Said State reuulations are incor_norated in and made a hart of this ordinance as completely as if set out here in full. Section 19 -1603. NOXIOUS WEEDS DEFINED. a. For purposes of this ordinance and in addit of Minnese a St eetion 18 S _,i c "noxious weeds" means tl-re-f&111:yv -in . Common Ni-die RD * tanieal Name Pi--.d Lind-vkccd C&nvch, ulu3 arvm3is 1 '6130n I'VT M. t`ad Spurge, leafi IJ °a 1 ORDINANCE NO. Th l34e - , -. 3o -4v aanc' tts ur Th�3t1c, L all Cir3ium t are This Cir3lurn use Thistic, mu3k Carduu3 nut&m Th , pl umcic&3 Cr Aly »�u1i, ham" Bcrt;' --mri ln:,arra Mill w�cd Azi:;ly as Qom am Age rep R&gwccd, VV1,,,nvn L Rag - vaccd, g.axxt A. Abresift+4fitia any plant which is identified by the Minnesota Commissioner of Agriculture as a noxious weed or secondary noxious weed piirsuant to Minnesota Statutes Section 18.77. Subdivision 8. b. Any weeds or grass growing to a height greater than eight (8) inches or which have gone or about to go to seed. Section 19 -1604. PENALTIES. Any person, firm or corporation violating provisions of this ordinance by failing, neglecting, or refusing to comply with the provisions thereof, shall, upon conviction thereof, be punished by a fine not to exceed seven hundred dollars • $700 or imprisonment not to exceed nine 90 days or both together ether with the costs of g p ninety ( ) Y prosecution. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of .1999. I Mayor ATTEST: City Clerk Date of Publication Effective Date • (Strikeout indicates matter to be deleted, underline indicates new matter.) • City Council Agenda Item No. 7d MEMORANDUM DATE: May 5, 1999 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Staff Report Re: Palmer Lake Basin Study In Fall, 1998 the City Council authorized retaining consulting engineers WSB & Associates Inc. to conduct a study of various issues relating to the Palmer Lake Basin. The consultant has presented preliminary findings to staff; these findings were previously conveyed to the City Council and to the Park and Recreation Commission. A general public meeting will be held later this May so the consultant may review this information with neighbors, park users, and other interested parties and staff can obtain general input about priorities and neighborhood desires. Based on Council, Commission, and park user input, staff will prepare final recommendations, a CIP, and cost and funding estimates. Our target to present this information to the Council is July 1, 1999. Briefly, the following are the areas of concern, findings, and recommendations. Note: To fully understand the following, it is important to note that the Palmer Lake basin is fed from 11 water sources: Shingle Creek from the north, which drains directly into the lake, and 10 • storm sewer outfalls (7 in Brooklyn Center, 3 in Brooklyn Park), which drain into the basin at its edges. Channels have been dug from the outfalls into the basin to convey storm water from the basin edges to the central part of the basin. Issue l: Ability of lake to store and convey storm water F' lower than the historic record but the water Findings: The present lake water levels are to , levels at the storm sewer outfalls into the basin at the edges are higher than the historic record. This indicates that water is draining out of the lake with no problem, but it is backing up at the outfalls. There is a buildup of sediment at the outfalls, sediment deposition in the channels, and heavy vegetative growth in the channels. The historic depth of Palmer Lake is. 2 -4 feet; current depth is estimated at 0.5 -1.5 feet. Recommendation:. Dredge the channels. Dredge selected areas of the lake to enhance the flow of water through the lake. Treat stormwater to remove sediment prior to entering the basin. Issue 2: Ability to convey water through the outlet channel and control structure (bridge) Findings: A bottom survey of the outlet channel found it is deeper now than a Mn/DOT bridge survey of the channel several years ago, and water is draining from the lake faster than expected. The new bridge design has enhanced low flow capacity, that is, small rainfall events, or just daily water flow moves out of the lake faster than • it did before. Combined with the extra depth of the channel, this has lowered the level of the lake but has not changed the runout elevation or discharge capacity. In other words, the bridge design does not impede the flow of water from the lake. Recommendation: Do nothing. Issue 3: Periodic inundation of the trails Findings: Trail inundation is primarily a function of settlement, and in some locations also due to channel sedimentation and backups at the outfalls. Recommendation: Relocate or raise selected trail segments. Dredge the channels. Issue 4: Water quality Findings: Based on the parameters established by the Met Council's Citizen Assisted Monitoring Program (CAMP), water quality in Palmer Lake is graded somewhere between a C & D. This signifies water quality which is unsuitable for water sports and swimming, but which still retains aesthetic qualities. Palmer Lake is very shallow, and has a sizable carp population. Water quality probably cannot be improved due to shallowness of the lake, and the carp which stir up sediment. Sediment samples have found heavy metals commonly found in auto exhaust and other emissions in the sediment, most likely conveyed there from storm sewer outlets. Recommendations: Construct treatment basins in the neighborhoods, or in the fringe areas of the basin at the outfalls. Issue 5: Wetlands and wildlife habitat Findings: Using a common wetland evaluation tool, WSB determined that the basin has a wetlands functional level of Medium. There is not a lot of biodiversity, and there are some invasive species of flora and carp. The presence of carp probably keeps the lake from being entirely vegetated over. Recommendation: Dredge portions of the lake and wetland area to get more water depth to attract more varied species. Treat or hand remove invasive plants. The preliminary estimate of cost if all recommendations were implemented is $2.6 million. This is well beyond the City's ability to fund these types of improvements, so some priorities will have to be established. The CIP already has earmarked $200,000 from the Storm Drainage Utility, potentially increased to $250,000, for the first phase of Palmer Lake improvements. Funds from the Local State Aid projects, Fund, which is intended to finance sidewalks, trails, and the city's share o f street p � ects ma y also be available. Some grant monies are available, and staff will pursue those options to assist in this. Finally, as the Shingle Creek Trail is part of the Northwest Hennepin Regional Trail, Hennepin Parks may have some resources to dedicate to improving the trail system through Palmer Lake. Staff has been in preliminary conversations with Hennepin Parks staff , who indicated they are willing to consider such an idea. • ! PALMER LAKE I #H� 9CtKXJI Channel #7 — WMT PALMER LAKE • ._ PARK • .J1.. �� __ Charnel #2 PAL1VIER LAKE PARK EAST PALMER Channel 03 LL - �flfr -�.. M A ill/ Lt� 1,�r el Channel #4 Channel MouNO �\ CEMETERY f7-P: ® Recommended Excavation/Dredging \ Location (2' ® Recommended Treatment Basin Location ® Recommended Channel Maintenance �• Existing Channel Location N ...... Recommended Location for Trail Raising 700 0 700 Feet Approximate Trail Location .� — f Parkland./ Open Space - W— Vjmt°"ood L&W Once WS8 Project No- 1143.90 Date March 5,1999 WSB 8441 % nn aa Boulevard 0.Gspofs.AMJ 55!26 a,zsN,.Neoo Palmer Lake Figure 5 & Ammobna, Am `"" Water Resources Management Plan , —.- Lid Tvea►msl►, \ 9N OWnU)CRVE - ENC4NEERs - PLANNERS Mdittmw ae& DtYdgi% OQtICA •� City Council Agenda Item No. 7e City of Brooklyn Center JL A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers Hilstrom, Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manager 1 DATE: May 6, 1999 SUBJECT: Request of Chamber of Commerce The Chamber of Commerce has requested a dinner meeting with the City Council before one of its July Council meetings. Mr. Campbell suggested beginning at 5:30 p.m. on either of the two regular Council meeting dates in July. Mr. Campbell suggested this would be similar to the meeting in Constitution Hall with the Chamber of Commerce and City Council that occurred two years ago. 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. 7f Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING THE RAZING AND REMOVAL OF A HAZARDOUS BUILDING AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCES AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 4945 ZENITH AVENUE NORTH, LEGALLY DESCRIBED AS LOT 2, BLOCK 2, BROOKLYN MANOR, VILLAGE OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA WHEREAS, Minnesota Statutes §463.15 et seq. define a hazardous building or hazardous property as any building or property which because of inadequate maintenance, dilapidation, physical p , p y damage, unsanitary condition or abandonment, constitutes a fire hazard or hazard to public safety or health; and I WHEREAS, Brooklyn Center City Ordinances 19 -103 specifically defines as nuisances and prohibits the same, the presence on any real property the accumulation of rubbish, garbage, junk, disused furniture, appliances and the like; and WHEREAS, the razing and removal of a hazardous building and the abatement of II� . public nuisances is necessary to protect the health, safety and welfare of the public by elimination of dangerous conditions, attractive nuisances and for the elimination of harborage for vermin, rats and other animals who may pose a danger to the public safety and to provide for the proper storage of refuse and garbage, thereby providing for more sanitary and safe conditions and to further protect the integrity and desirability of neighborhoods by prohibiting the storage of junk and other refuse in residential areas; and WHEREAS, City Inspectors have inspected the above - described premises on March 12, 1999, and found that the single- family home is in extremely poor condition, suffering as a result of a fire, stress fractures throughout the dwelling, electrical wiring which is burned or melted, smoke damage throughout the dwelling, a damaged furnace and mechanical system and broken windows throughout the dwelling; and WHEREAS, City Inspectors have determined that the dwelling is more than 50% destroyed and that the owner is showing no signs of rebuilding or removing the hazardous building; and WHEREAS, said property was previously occupied by Iris T. Carlson who has now abandoned the property; and WHEREAS, said property is encumbered by a mortgage in favor of Norwest Bank, • P.A. dated August 16, 1993 and recorded as Document No. 2424746 in the Office of the Registrar of Title of Hennepin County. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The City Council finds that the single - family dwelling at 4945 Zenith Avenue North is a hazardous building because of fire damage, inadequate maintenance, dilapidation, physical damage, unsanitary conditions and abandonment and constitutes a hazard to the public safety and health, and is a public nuisance and public health and safety hazard in violation of Chapters 12 and 19 of the Ordinances of the City of Brooklyn Center. 2. The razing and removal of the single - family dwelling and the abatement of nuisances thereby and removal of all debris and foundation and the filling of the excavation with clean fill to grade, adding topsoil and seed or sod is hereby ordered by the City Council of the City of Brooklyn Center as follows: a. Razing and removal of the single - family dwelling at 4945 Zenith Avenue North with removal of all debris thereafter including all partitions, wood, piping, broken concrete and all items left on the premises, whether deemed of value or trash including the removal of the foundation and the filling of the • excavation with clean fill to grade, adding topsoil and seed or sod. b. Removal of all rubbish, trash, debris, refuse and the like whether deemed of value or trash, at the time of the removal of the building. The City Manager is hereby authorized to cause and carry out the abatement described herein and to erform all other tasks and functions reasonably incident P Y thereto and to keep an accurate record of the cost of all actions and proceedings herein, including administrative time, attorney's fees and costs and disbursements and to send a statement of such costs to the landowners and occupants who are directed herewith to pay the same. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: . and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ORDER FOR THE RAZING AND REMOVAL OF A HAZARDOUS BUILDING AND THE ABATEMENT OF PUBLIC NUISANCES The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. herewith orders Iris T. Carlson and Norwest Bank, N.A. to raze and remove that single - family dwelling located at 4945 Zenith Avenue North, Brooklyn Center, Hennepin County, Minnesota which has been declared to be a hazardous building and hazardous property within the meaning of Minnesota Statutes §463.15, et seq. and after said building has been razed and removed, to remove the foundation and all debris and to leave all areas smooth -rock and debris free and to fill the entire excavated area with clean fill to grade and topsoil and seed or sod on the disturbed areas and to further abate public nuisances exis in thereon within thirty 30 days from the date of the toth e ub c t y( ) y p g service of this Order upon you. If there is no compliance with this Order, a Motion for Summary Enforcement of this Order shall be made to the Hennepin County District Court unless an answer is filed herein within twenty (20) days of the date of service of S this Order upon said parties pursuant to Minnesota Statute §463.18. If no compliance with this Order shall have taken place or no Answer contesting this action filed herein or if such Answer is filed and the Court orders the enforcement of this Order, then the City of Brooklyn Center shall cause the building to be razed and removed and all public nuisances abated pursuant to Minnesota Statute §463.21 with all cost of repair, razing, correction and removal, including attorney's fees and administrative costs, to be a lien against the real estate on which said building was located, said lien to be levied and collected only as a special assessment in the manner provided by Minnesota Statutes Chapter 429 and the provisions of Minnesota Statute §463.161. City of Brooklyn Center Dated: • Michael McCauley, City Manager GAnSON, GLELLAND Se SGHIPEDEIP. • ATTORNEYS AT LAW PROFESSIONAL LIMITED LIABILITY PARTNERSHIP JEFFREY A. CARSON 6300 SHINGLE CREEK PARKWAY, SUITE 305 TELEPHONE WILLIAM G. CLELLAND (612) 561 -2800 ELLEN M. SCHREDER MINNEAPOLIS, MINNESOTA 55430-2190 FAX ANN L. HARBINSON (612) 561 -1943 DAVID K. ROSS April 22, 1999 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: 4945 Zenith Avenue Dear Mike: I have enclosed a Resolution and Order for the razing and removal of the hazardous building and abatement of public nuisance regarding 4945 Zenith Avenue. Once the Council has passed the Resolution and issued the Order, please provide me with a copy thereof, and I will arrange for service upon the interested parties and proceed with the enforcement. Sincerely, CARSON, CLELLAND & SCHREDER William G. Clelland Enclosures City Council Agenda Item No. 7g • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 6218 LILAC DRIVE NORTH, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 1, CAMERON ADDITION, HENNEPIN COUNTY, MINNESOTA. WHEREAS, Minnesota Statute §463.15 et seq. define a hazardous building or hazardous property as any building or property which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment constitutes a fire hazard or hazard to the public safety or health; and WHEREAS, Brooklyn Center City Ordinances Chapter 19 -103 specifically defines as nuisances and prohibits the same, the presence on any real property of any accumulation of junk, disused furniture, appliances, equipment, junk motor vehicles, building materials, scrap lumber and construction debris and the like; and WHEREAS, Brooklyn Center City Ordinances Chapters 7 and 19 specifically defines as nuisances and prohibits the same, the presence on any real property of garbage not stored in rodent free and fly tight containers or garbage stored so as to emit foul and disagreeable odors or garbage stored so as to constitute a hazard to public health; and WHEREAS, Brooklyn Center City Ordinances Chapter 7 requires that all refuse must be disposed of in a sanitary manner so as to not constitute a nuisance and the contents of such containers must be collected at least once every week by a licensed refuse collector; and WHEREAS, the correction of hazardous conditions and the abatement of public nuisances is necessary to protect the health, safety and welfare of the public by the elimination of dangerous conditions, attractive nuisances and for the elimination of harborage for vermin, rats and other animals who may pose a danger to the public safety and health and to provide for the proper storage of refuse and garbage, debris and junk thereby providing for more sanitary and safe conditions and to further protect the integrity and desirability of neighborhoods by prohibiting the storage of junk and other refuse in residential areas; and WHEREAS, City Inspectors have inspected the above - described premises in June and July, 1998 and in February and April 1999 and found that the real property of the single- family home thereon contains raw garbage strewn about the ground, open bags of garbage with strong odors emitted therefrom, blue tarps lying on the ground, lumber Resolution No. scraps and boards, tires, a gas jug and metal scraps strewn about the property along with a large unlicensed trailer, full of debris and covered with a blue tarp on the property. WHEREAS, the City Council adopts the findings of the Housing Inspectors as to the hazardous conditions on said property and the dilapidation of the single family home thereon; and WHEREAS, the owner of record of said property is Romane J. Rademacher; and WHEREAS, City records indicate that the tenants of said property are Wendy Rademacher and Keith Rademacher; and WHEREAS, said property is encumbered by a mortgage dated September 2, 1997 in favor of AMRESCO Residential Mortgage Corporation; and WHEREAS, Romane J. Rademacher was previously served with Compliance Orders from the City of Brooklyn Center requiring abatement of all the nuisances and hazardous conditions recited herein; and WHEREAS, Romane J. Rademacher has refused to comply with said Compliance • Orders. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER THAT: 1. The City Council finds that the single- family dwelling located at 6218 Lilac Drive North, Brooklyn Center, Minnesota 55430 is a hazardous building because of inadequate storage of garbage, inadequate garbage service, inadequate maintenance, dilapidation, physical damage and the like. 2. The City Council finds that the condition of the premises at 6218 Lilac Drive North, Brooklyn Center, Minnesota 55430 constitutes a hazardous property and a public nuisance within the meaning of Minnesota Statutes Chapter 463 and Brooklyn Center Ordinances Chapters 12 and 19 due to the storage of raw garbage on the ground, open bags of garbage with strong odors emitted therefrom, blue tarps lying on the ground, lumber scraps and boards, tires, a gas jug and metal scraps strewn about the property along with a large unlicensed trailer, full of debris and covered with a blue tarp on the property. • Resolution No. 3. The abatement of nuisances of said single family dwelling and the repair of said dwelling is hereby ordered by the City Council of the City of Brooklyn Center as follows: a. The removal of all plastic bags of garbage, blue tarps lying on the ground, lumber scraps and boards, tires, a gas jug and metal scraps on the property and any garbage, refuse debris, unlicensed and /or inoperable vehicles and like as recited herein. b. The institution of regular garbage collection services from a licensed refuse hauler as required by City Ordinances. The City Manager is hereby authorized to cause and carry out the abatement described herein and to perform all other tasks and functions reasonably incident thereto and to keep an accurate record of the cost of all actions and proceedings herein, including administrative time, attorney's fees and • costs and disbursements and to send a statement of such costs to the landowners and occupants who are directed herewith to pay the same. Date Mayor ATTEST: _ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • ORDER FOR THE CORRECTION OF HAZARDOUS CONDITIONS AND THE ABATEMENT OF PUBLIC NUISANCES EXISTING AT 6218 LILAC DRIVE NORTH, BROOKLYN CENTER, MINNESOTA 55430 The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. herewith orders Romane J. Rademacher, Wendy Rademacher, Keith Rademacher and AMRESCO Residential Mortgage Corporation to correct those hazardous conditions and to abate those public nuisances existing at 6218 Lilac Drive, Brooklyn Center, Minnesota 55430, which has been declared to be a hazardous property and a public nuisance within the meaning of Minn. Stat. §463.15 et seq. and constituting public nuisances and other violations under Chapters 12 and 19 of the ordinances of the City of Brooklyn Center, and to correct and resolve said hazardous conditions and to abate all public nuisances and to correct and resolve all Ordinance violations as set forth • in the attached resolution within fifteen (15) days from the date of service of this Order and Resolution upon you. If there is no compliance with this Order, a Motion for Summary Enforcement of this Order shall be made to the Hennepin County District Court unless an answer is filed herein within twenty (20) days of the date of service of this Order upon said parties pursuant to Minnesota Statute §463.18. If no compliance with this Order shall have taken place or no Answer contesting this action filed herein or if such Answer is filed and the Court orders the enforcement of this Order, then the City of Brooklyn Center shall cause the hazardous conditions to be corrected and all public nuisances abated and all Ordinance violations corrected and all costs of the correction of hazardous conditions, the abatement of nuisances and other actions required by this Order, including filing fees, publication fees, attorneys fees, • witness fees, administrative time and the like shall be a lien to be levied and collected • only as a special assessment in the manner provided by Minnesota Statutes Chapter 429 and the provisions of Minnesota Statute §463.161. City of Brooklyn Center Dated: Michael McCauley, City Manager • • City Council Agenda Item No. 7h Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 7231 KNOX AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS TRACT F, REGISTERED LAND SURVEY NO. 1409, HENNEPIN COUNTY, MINNESOTA. WHEREAS, Minnesota Statute §463.15 et seq. define a hazardous building or hazardous property as any building or property which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment constitutes a fire hazard or hazard to the public safety or health; and WHEREAS, Brooklyn Center City Ordinances §12 -317 and §12 -711 require the owner of a building to be responsible for providing and maintaining yards or combined cover of vegetation, garden, hedges, shrubbery and related decorative materials maintained in a manner consistent with community standards; and WHEREAS, Brooklyn Center City Ordinances §12 -707 and §12 -702 provide that all accessory structures or buildings be structurally sound and be maintained in good repair and appearance, including being weather resistant and be free of deterioration, holes, breaks, loose boards or rotting boards or timbers and any other condition which might admit rain or dampness to the interior of the building; and WHEREAS, Brooklyn Center City Ordinances §12 -703 requires that every window, exterior door and other exterior openings be substantially tight and kept in sound condition and repair and be capable of being easily opened and constructed so as to completely exclude rain, wind, vermin and rodents from entering the building and be supplied with 16 -mesh screens during the insect season; and WHEREAS, the correction of hazardous conditions and the abatement of public nuisances is necessary to protect the health, safety and welfare of the public by the elimination of dangerous conditions, attractive nuisances and for the elimination of harborage for vermin, rats and other animals who may pose a danger to the public safety and health and to provide for the proper storage of refuse and garbage, debris and junk thereby providing for more sanitary and safe conditions and to further protect the integrity and desirability of neighborhoods by prohibiting the storage of junk and other refuse in residential areas; and WHEREAS, City Inspectors have inspected the above - described premises in • June, July and September of 1998 and found numerous statutory and ordinance violations Resolution No. of said property including the presence of a large brush pile along the fence line which included weeds, a garage doom which needs scraping and repainting with a lower panel that it was peeling and damaged, and numerous missing windows and screens on the house and the garage, allowing weather elements and /or vermin access into the residence and a boarded up garage window; and WHEREAS, the City Council adopts the findings of the Housing Inspectors as to the hazardous conditions on said property and the dilapidation of the single family home thereon; and WHEREAS, the owners of record of said property are Douglas A. Weaver and Adolfo Ramos Maroquin as joint tenants; and WHEREAS, said property is encumbered by a mortgages dated October 31, 1994 and January 18, 1997 in favor of Norwest Mortgage, Inc.; and WHEREAS, Douglas A. Weaver was previously served with Compliance Orders from the City of Brooklyn Center requiring abatement of all the nuisances and hazardous conditions recited herein; and Orders. WHEREAS, Douglas A. Weaver has refused to comply with said Compliance NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER THAT: 1 • The City Council finds that the single - family dwelling located at 7231 Knox Avenue North, Brooklyn Center, Minnesota 55430 is a hazardous building because of inadequate maintenance, dilapidation, physical damage and the like. 2. The City Council finds that the condition of the premises at 7231 Knox Avenue North, Brooklyn Center, Minnesota 55430 constitutes a hazardous property and a public nuisance within the meaning of Minnesota Statutes Chapter 463 and Brooklyn Center Ordinances Chapters 19 and 12 due to the statutory and ordinance violations of said property including the presence of a large brush pile in the backyard and tall grass in the y ard and along the fence line which included weeds, a garage door which needs scraping and repainting with a lower panel that it was peeling and damaged, and numerous missing windows and screens on the house and the garage, allowing weather elements and /or vermin access into the residence and a boarded up garage window; and • • Resolution No. 3. The abatement of nuisances of said single family dwelling and the repair of said dwelling is hereby ordered by the City Council of the City of Brooklyn Center as follows: a. The removal of the large brush pile in the backyard and tall grass in the yard and along the fence line including all weeds and vegetation which does not comply with community standards. b. Repair of the garage door and the windows on the garage in a good and workmanlike manner such that the exterior of the garage shall comply with the provisions of Chapter 12 of the City Ordinances. C. Repair of the windows and screens on the single- family residence in a good and workmanlike manner such that the exterior of the single - family residence shall comply with the provisions of Chapter 12 of the City Ordinances. The City Manager is hereby authorized to cause and carry out the abatement described herein and to perform all other tasks and functions reasonably incident thereto and to keep an accurate record of the cost of all actions and proceedings herein, including administrative time, attorney's fees and costs and disbursements and to send a statement of such costs to the landowners and occupants who are directed herewith to pay the same. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: ® and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ORDER FOR THE CORRECTION OF HAZARDOUS CONDITIONS AND THE ABATEMENT OF PUBLIC NUISANCES EXISTING AT 7231 KNOX AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430 The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. herewith orders Douglas A. Weaver and Adolfo Ramos Maroquin, as joint tenants, and Norwest Mortgage, Inc. to correct those hazardous conditions and to abate those public nuisances existing at 7231 Knox Avenue North, Brooklyn Center, Minnesota 55430, which has been declared to be a hazardous property and a public nuisance within the meaning of Minn. Stat. §463.15 et seq. and constituting public nuisances and other violations under Chapters 12 and 19 of the ordinances of the City of Brooklyn Center, and to correct and resolve said hazardous conditions and to abate all public nuisances and to correct and resolve all Ordinance violations as set forth . in the attached resolution within fifteen (15) days from the date of service of this Order and Resolution upon you. If there is no compliance with this Order, a Motion for Summary Enforcement of this Order shall be made to the Hennepin County District Court unless an answer is filed herein within twenty (20) days of the date of service of this Order upon said parties pursuant to Minnesota Statute §463.18. If no compliance with this Order shall have taken place or no Answer contesting this action filed herein or if such Answer is filed and the Court orders the enforcement of this Order, then the City of Brooklyn Center shall cause the hazardous conditions to be corrected and all public nuisances abated and all Ordinance violations corrected and all costs of the correction of hazardous conditions, the abatement of nuisances and other actions required by this Order, including filing fees, publication fees, attorneys fees, witness fees, administrative time and the like shall be a lien to be levied and collected • • only as a special assessment in the manner provided by Minnesota Statutes Chapter 429 and the provisions of Minnesota Statute §463.161. City of Brooklyn Center Dated: Michael McCauley, City Manager City Council Agenda Item No. 7i • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 6301 BROOKLYN BOULEVARD, BROOKLYN CENTER, MINNESOTA, 55429 LEGALLY DESCRIBED AS LOT 5 EXCEPT THAT PART THEREOF WHICH LIES SOUTHWESTERLY OF TRUNK HIGHWAY NO. 152 AS NOW LOCATED AND ESTABLISHED AND SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHWESTERLY BOUNDARY OF SAID TRUNK HIGHWAY NO. 152 DISTANT 25 FEET NORTHWESTERLY OF ITS INTERSECTION WITH THE NORTHERLY BOUNDARY OF 63 AVENUE NORTH; THENCE RUN SOUTHWESTERLY TO A POINT ON SAID NORTHERLY BOUNDARY DISTANT 25 FEET WESTERLY OF SAID INTERSECTION, BLOCK 2, FAIR MEADOWS, HENNEPIN COUNTY, MINNESOTA. WHEREAS, Minnesota Statute §463.15 et seq. define a hazardous building or • hazardous property as any building or property which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment constitutes a fire hazard or hazard to the public safety or health; and WHEREAS, Brooklyn Center City Ordinances Chapter 19 -103 specifically defines as nuisances and prohibits the same, the presence on any real property of any accumulation of junk, disused furniture, appliances, equipment, junk motor vehicles, building materials, scrap lumber and construction debris and the like; and WHEREAS, Brooklyn Center City Ordinances Chapters 7 and 19 specifically defines as nuisances and prohibits the same, the presence on any real property of garbage not stored in rodent free and fly tight containers or garbage stored so as to emit foul and disagreeable odors or garbage stored so as to constitute a hazard to public health; and WHEREAS, the correction of hazardous conditions and the abatement of public nuisances is necessary to protect the health, safety and welfare of the public by the elimination of dangerous conditions, attractive nuisances and for the elimination of harborage for vermin, rats and other animals who may pose a danger to the public safety and health and to provide for the proper storage of refuse and garbage, debris and junk thereby providing for more sanitary and safe conditions and to further protect the integrity and desirability of neighborhoods by prohibiting the storage of junk and other • refuse in residential areas; and Resolution No. WHEREAS, City Inspectors have inspected the above - described premises in April of 1999 and found numerous statutory and ordinance violations including the presence of twelve (12) to fifteen (15) unlicensed and /or inoperable vehicles parked bumper to bumper in the backyard of the residence, some with hoods up and flat tires, a massive brush pile, a dilapidated fence, a growing pile of garbage and miscellaneous debris scattered about the property; and WHEREAS, the City Council adopts the findings of the Housing Inspectors as to the hazardous conditions on said property and the dilapidation of the single family home thereon; and WHEREAS, the owner of record of said property is Melvin Donald Blom; and WHEREAS, said property is encumbered by a mortgage dated August 10, 1977 in favor of Twin City Federal Savings and Loan, a mortgage dated June 29, 1979 in favor of First State Bank of Spring Lake Park and a mortgage dated November 16, 1987 in favor of E.G. Huber, Inc.; and WHEREAS, Melvin Donald Blom was previously served with Compliance Orders from the City of Brooklyn Center requiring abatement of all the nuisances and hazardous conditions recited herein; and • WHEREAS, Melvin Donald Blom has refused to comply with said Compliance Orders. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER THAT: 1. The City Council finds that the single - family dwelling located at 6301 Brooklyn Boulevard, Brooklyn Center, Minnesota 55429 is a hazardous f garbage, inadequate garbage building ecause of inadequate storage o g g q g g g q g service, inadequate maintenance, dilapidation and the like. 2. The City Council finds that the condition of the premises at 6301 Brooklyn Boulevard, Brooklyn Center, Minnesota 55429 constitutes a hazardous property and a public nuisance within the meaning of Minnesota Statutes Chapter 463 and Brooklyn Center Ordinances Chapters 12 and 19 due to the storage of 12 to 15 unlicensed and /or inoperable vehicles parked bumper to bumper in the backyard of the residence, some with hoods up and flat tires, a massive brush pile, a • growing pile of garbage, a maroon metallic fence which appeared to be in a dilapidated state and miscellaneous debris scattered about the property. • Resolution No. 3. The abatement of nuisances of said single family dwelling and the repair of said dwelling is hereby ordered by the City Council of the City of Brooklyn Center as follows: a. The removal of all plastic bags of garbage, lumber scraps and boards, tires, on the property and any garbage, refuse, debris, unlicensed and /or inoperable vehicles and like as recited herein. b. The removal and /or repair of the backyard fence in a good and workmanlike manner such that the fence complies with the provisions of Chapter 12 of the City Ordinances and lawfully screens all legally- defined as collector vehicles. The City Manager is hereby authorized to cause and carry out the abatement described herein and to perform all other tasks and functions reasonably incident thereto and to keep an accurate record of the cost of all • actions and proceedings herein, including administrative time, attorney's fees and costs and disbursements and to send a statement of such costs to the landowners and occupants who are directed herewith to pay the same. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • ORDER FOR THE CORRECTION OF HAZARDOUS CONDITIONS AND THE ABATEMENT OF PUBLIC NUISANCES EXISTING AT 6301 BROOKLYN BOULEVARD, BROOKLYN CENTER, MINNESOTA 55429 The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. herewith orders Melvin Donald Blom, Twin City Federal Savings and Loan, First State Bank of Spring Lake Park and E.G. Huber, Inc. to correct those hazardous conditions and to abate those public nuisances existing at 6301 Brooklyn Boulevard, Brooklyn Center, Minnesota 55429, which has been declared to be a hazardous property and a public nuisance within the meaning of Minn. Stat. §463.15 et seq. and constituting public nuisances and other violations under Chapters 12 and 19 of the ordinances of the City of Brooklyn Center, and to correct and resolve said hazardous conditions and to abate all public nuisances and to correct and resolve all Ordinance ® violations as set forth in the attached resolution within fifteen (15) days from the date of service of this Order and Resolution upon you. If there is no compliance with this Order, a Motion for Summary Enforcement of this Order shall be made to the Hennepin County District Court unless an answer is filed herein within twenty (20) days of the date of service of this Order upon said parties pursuant to Minnesota Statute §463.18. If no compliance with this Order shall have taken place or no Answer contesting this action filed herein or if such Answer is filed and the Court orders the enforcement of this Order, then the City of Brooklyn Center shall cause the hazardous conditions to be corrected and all public nuisances abated and all Ordinance violations corrected and all costs of the correction of hazardous conditions, the abatement of nuisances and other actions required by this Order, including filing fees, publication fees, attorneys fees, • witness fees, administrative time and the like shall be a lien to be levied and collected . only as a special assessment in the manner provided by Minnesota Statutes Chapter 429 and the provisions of Minnesota Statute §463.161. City of Brooklyn Center Dated: Michael McCauley, City Manager i i I • City Council Agenda Item No. 7j Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 4639 FRANCE AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55429 LEGALLY DESCRIBED AS THE NORTH 110 FEET OF THE SOUTH 210 FEET OF THE EAST 435.06 FEET OF GOVERNMENT LOT 3, SECTION 10, TOWNSHIP 118 NORTH, RANGE 21, ACCORDING TO THE UNITED STATED GOVERNMENT SURVEY THEREOF AND SITUATE IN HENNEPIN COUNTY, MINNESOTA. WHEREAS, Minnesota Statute §463.15 et seq. define a hazardous building or hazardous property as any building or property which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment constitutes a fire hazard or hazard to the public safety or health; and • WHEREAS, Brooklyn Center City Ordinances Chapter 19 -103 specifically defines as nuisances and prohibits the same, the presence on any real property of any accumulation of junk, disused furniture, appliances, equipment, junk motor vehicles, building materials, scrap lumber and construction debris and the like; and WHEREAS, Brooklyn Center City Ordinances §12-317 and §12-711 require the owner of a building to be responsible for providing and maintaining yards or combined cover of vegetation, garden, hedges, shrubbery and related decorative materials maintained in a manner consistent with community standards; and WHEREAS, Brooklyn Center City Ordinances §12 -703 requires that every window, exterior door and other exterior openings be substantially tight and kept in sound condition and repair and be capable of being easily opened and constructed so as to completely exclude rain, wind, vermin and rodents from entering the building and be supplied with 16 -mesh screens during the insect season; and WHEREAS, the correction of hazardous conditions and the abatement of public nuisances is necessary to protect the health, safety and welfare of the public by the elimination of dangerous conditions, attractive nuisances and for the elimination of harborage for vermin, rats and other animals who may pose a danger to the public safety and health and to provide for the proper storage of refuse and garbage, debris and junk thereby providing for more sanitary and safe conditions and to further protect the integrity and desirability of neighborhoods by prohibiting the storage of junk and other refuse in residential areas; and Resolution No. WHEREAS, City Inspectors have inspected the above - described premises in May 1998, July 1998, October 1998 and in March 1999 and found that the single - family home thereon is in poor condition, in that the soffit and fascia wood have rotted, the trim needs scraping and repainting, there is rotten and damaged siding on the house and broken or missing window screens and panes on the house and that the inspection by City Officials has further found numerous statutory and ordinance violations on said property including more than twenty plastic bags of garbage strewn about the property, miscellaneous tires, auto parts, bicycle parts, motorcycle parts and shopping carts around the yard which, due to its constant use as a parking lot has no grass or vegetation cover, an improperly stored ice house and the presence of five junk motor vehicles to wit: one Chevrolet Corsica, Minnesota registration BRE903, one Chrysler LeBaron Minnesota Registration AGX, one Ford Pickup Minnesota Registration 989ECV, one Oldsmobile '98 Minnesota registration 786LAG, and one Oldsmobile vehicle Minnesota registration 527MDS, all of which are in an inoperable condition and the two Oldsmobiles and the Ford Pickup do not have current registration; and WHEREAS, the City Council adopts the findings of the Housing Inspectors as to the hazardous conditions on said property and the dilapidation of the single family home thereon; and WHEREAS, the owner of record of said property is Cheryl A. Riebe; and WHEREAS, City records indicate that the tenant of said property is Neil Ray Cape; and WHEREAS, said property is encumbered by a mortgage dated November 1, 1998 in favor of Fullerton Financial Corporation which was assigned to Commercial Federal Mortgage Corporation on November 1, 1988; and WHEREAS, Neil Ray Cape was previously served with Compliance Orders from the City of Brooklyn Center requiring abatement of all the nuisances and hazardous conditions recited herein; and WHEREAS, Neil Ray Cape has refused to comply with said Compliance Orders. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER THAT: 1. The City Council finds that the single - family dwelling located at 4639 France Avenue North, Brooklyn Center, Minnesota 55429 is a hazardous • building because of inadequate maintenance, dilapidation, physical damage and the like. Resolution No. 2. The City Council finds that the condition of the premises at 4639 France Avenue North, Brooklyn Center, Minnesota 55429 constitutes a hazardous property and a public nuisance within the meaning of Minnesota Statutes Chapter 463 and Brooklyn Center Ordinances Chapters 12 and 19 due to the fact that the soffit and fascia wood have rotted, the trim needs scraping and repainting, there is rotten and damaged siding on the house and broken or missing window screens and panes on the house and the numerous statutory and ordinance violations on said property including more than twenty plastic bags of garbage strewn about the property, miscellaneous tires, auto parts, bicycle parts, motorcycle parts and shopping carts around the yard which, due to its constant use as a parking lot has no grass or vegetation cover, an improperly stored ice house and the presence of five junk motor vehicles to wit: one Chevrolet Corsica, Minnesota registration BRE903, one Chrysler LeBaron Minnesota Registration AGX, one Ford Pickup Minnesota Registration 989ECV, one Oldsmobile '98 Minnesota registration 786LAG, and one Oldsmobile vehicle Minnesota registration 527MDS, all of which are in an inoperable condition and the two Oldsmobiles and the Ford Pickup do not have current registration. 3. The City Council finds that the ice house presently stored on the premises violates Chapter 19 of the City Ordinances, specifically §19- 103 (14) and must be removed; and 4. The abatement of nuisances of said single family dwelling and the repair i of said dwelling is hereby ordered by the City Council of th e City o f Brooklyn Center as follows: a. Repair and /or replacement of the soffit, fascia, trim, windows, screens, panes, storm door and siding in a good and workmanlike manner such that the exterior of the home shall comply with the provisions of Chapter 12 of the City Ordinances. b. The removal of all plastic bags of garbage, miscellaneous tires, auto parts, bicycle parts, motorcycle parts and shopping carts, junk, inoperable or unlicensed vehicles, refuse, debris and the like as recited herein. C. The placement of grass or vegetation cover all bare areas of the lawn and maintenance of the lawn in a manner which conforms to the City Ordinances. d. The removal of the ice house building such that the • premises conform to Chapter 19 of the City Ordinances. • Resolution No. The City Manager is hereby authorized to cause and carry out the abatement described herein and to perform all other tasks and functions reasonably incident thereto and to keep an accurate record of the cost of all actions and proceedings herein, including administrative time, attorney's fees and costs and disbursements and to send a statement of such costs to the landowners and occupants who are directed herewith to pay the same. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • ORDER FOR THE CORRECTION OF HAZARDOUS CONDITIONS AND THE ABATEMENT OF PUBLIC NUISANCES EXISTING AT 4639 FRANCE AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55429 The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. herewith orders Neil Ray Cape and Cheryl A. Riebe, Fullerton Financial Corporation and Commercial Federal Mortgage Corporation to correct those hazardous conditions and to abate those public nuisances existing at 4639 France Avenue, Brooklyn Center, Minnesota 55429, which has been declared to be a hazardous property and a public nuisance within the meaning of Minn. Stat. §463.15 et seq. and constituting public nuisances and other violations under Chapters 12 and 19 of the ordinances of the City of Brooklyn Center, and to correct and resolve said hazardous conditions and to abate all public nuisances and to correct and resolve all Ordinance violations as set forth in the attached resolution within fifteen (15) days from the date of service of this Order and Resolution upon you. If there is no compliance with this Order, a Motion for Summary Enforcement of this Order shall be made to the Hennepin County District Court unless an answer is filed herein within twenty (20) days of the date of service of this Order upon said parties pursuant to Minnesota Statute §463.18. If no compliance with this Order shall have taken place or no Answer contesting this action filed herein or if such Answer is filed and the Court orders the enforcement of this Order, then the City of Brooklyn Center shall cause the hazardous conditions to be corrected and all public nuisances abated and all Ordinance violations corrected and all costs of the correction of hazardous conditions, the abatement of nuisances and other actions required by this Order, including filing fees, publication fees, attorneys fees, witness fees, administrative time and the like shall be a lien to be levied and collected • only as a special assessment in the manner provided by Minnesota Statutes Chapter 429 and the provisions of Minnesota Statute 5463.161. City of Brooklyn Center Dated: Michael McCauley, City Manager • • City Council Agenda Item No. 7k City of Brooklyn Center ® A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers Hilstrom, Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: May 6, 1999 SUBJECT: Co -op Northwest The only service used by the City of Brooklyn Center provided by Co -op Northwest has been the police cadet program. In discussion with Chief Downer, participation in the cadet program is seen as very positive for the department. Participating in the Co -op Northwest program has resulted in obtaining grant funds sufficient to have a multi jurisdiction cadet program. In the absence in grant funding, there would not appear to be a reason to participate in the Co -op Northwest consortium. I would recommend that the second quarter dues be paid to continue the present cadet arrangement. If grant funding is not obtained, we will have to reevaluate continued participation. 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 northwest 4 May 5, 1999 Mike McCauley, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mike: As you may already know, the CO -OP Northwest Community Law Enforcement is in jeopardy of losing funding from the State of Minnesota. Staff has been busy working with legislators over the past three months, with the hope of securing funding for another two -year cycle. We expect a final decision by the end of May, and will keep you informed. Many of the current cadets are concerned about their continuation in the program, especially given that there is no funding available for summer school courses. We would like to do everything we can to maintain program consistency, and not interrupt the progress of our participants. • Although the status of CO -OP Northwest is still yet to be determined, Northwest Hennepin Human Services Council is requesting second quarter payments from each of the participating cities, which would allow cadets to continue attending classes throughout the summer. You will find an invoice enclosed with this letter. Please send payment no later than May 30, 1999, to give us adequate time for summer school registration. In addition, you should have received a memo and CO -OP Northwest planning and information packet, from Jerry Dulgar, Dan Donahue and Phil Cohen, founding members of the initiative. The packet provided information on the history of CO -OP Northwest, efforts that have been made by staff, and a new draft workplan and organizational chart for 1999 and beyond. We will be contacting you later this month to set up a meeting to discuss CO -OP Northwest, and to decide how to proceed for the remainder of 1999 and beyond. Please feel free to call me with feedback on the recommendations, if you should need another copy of the packet, or if you have any questions (493- 2802). Thank you for your support. We hope to continue working together on efforts of shared concern within the CO -OP Northwest cities. Sincerely, If/I" 2 Kathleen Roach, Executive Director Northwest Hennepin Human Services Council NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL COORDINATED BY NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL 7601 Kentucky Avenue North, Brooklyn Park, MN 55428 (612) 493 -2802 voice/TDD Fax (612) 493 -2713 CO -OP Northwest is a collaboration that offers equal opportunities for all people in the northwest Hennepin suburbs northwest May 5, 1999 INVOICE TO: Mike McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: MEMBERSHIP CONTRIBUTION FOR CO -OP (COMMUNITIES ORGANIZING OPPORTUNITIES FOR PEOPLE) NORTHWEST'S 1999 OPERATING BUDGET This invoice is for 1999 budget support to NWHHSC. It is based on a 22.5 cents per capita request of May 6, 1998, which would be $6,413.00 per year. 2 nd Quarter 1999 Portion: $ 1,603.25 Please send check to: Northwest Hennepin Human Services Council 7601 Kentucky Avenue North Suite 101 Brooklyn Park, MN 55428 Thank you. cc: Jane Chambers NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL COORDINATED BY NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL 7601 Kentucky Avenue North, Brooklyn Park, MN 55428 (612) 493 -2802 Voice/TDD Fax (612) 493 -2713 CO -OP Northwest is a collaboration that offers equal opportunities for all people in the northwest Hennepin suburbs City Council Agenda Item No. 71 MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: May 6, 1999 SUBJECT: Resolution Awarding A Contract for Dental Insurance For City Employees Attached is a resolution which will authorize awarding a contract to continue to purchase employee dental insurance from HealthPartners, Inc. The City has received this insurance from HealthPartners, Inc. since July 1, 1996. The premiums qualify to be paid from the $365 per month the City makes available to employees through the cafeteria benefits plan. The Health Partners plan for the year July 1, 1999 through June 30, 2000 has monthly • premiums of $20.94 for a single person and $56.13 for family coverage. This represents a 20% increase over the premiums for the third year of the expiring contract. HealthPartners, Inc. justifies this on the basis that benefits paid out during the first three year contract have consistently run 10 to 20% higher than the premiums collected. Any insurance company needs to collect premiums equal to the benefits paid out plus administration costs and profit. The City's insurance agent, contacted fifteen insurance providers and received the quotes shown on the attached a e. The goal was the procure coverage with at least equal pg g p g q benefits to the current plan, with lowest premiums possible. HealthPartners, Inc. provided the best offer received. The League of Minnesota Cities dental insurance plan was also contacted, but they didn't respond with a quote. 05/85/1999 06:01 612 - 754 -8496 AT GROUP PAGE 02 • Brooklyn Center Dental Proposals, Single Fami rate HealthPartners 20.94 56.13 1999 renew { Delta 19.25 58.50 Did not match current plan design Guardian 22.35 68.02 Out of network benefit too low. Fortis 24.78 66.41 Declined to offer because uncompetitive Met Life 25.42 70.19 Limited network Reliance Standard Declined to Bid due to high utilization Pheonix Declined to Bid due to high rates in industry Hartford Declined to Bid 1 Prudential 20.79 6 6.03 Very Small Network Prud � Mutual of Omaha 24.35 59.491 Uncompetitive rates Ver Small Network Amerrt�s 23.80 68.88 rY • Guarantee Life 23.95 78.64 Uncompetitive rates Preferred One Based on Claims Quoted ASO plan only Standard Declined to Bid due to high utilization 1 American Medical 26.19 66.37 Rates increase every Quarter Ranqe Low Averaqe Nigh Single 20.79 23.95 26.19 Family 59.50 68.00 78.64 • • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION AWARDING A CONTRACT FOR DENTAL INSURANCE FOR CITY EMPLOYEES WHEREAS, the City has provided dental insurance for City employees for the last three year through a policy with HealthPartners, Inc.; and WHEREAS, the Director of Finance and the City's Insurance Agent have surveyed the market and found no other policy providing the same coverage at a lower cost to the City employees; and WHEREAS, HealthPartners, Inc. has submitted a proposal to continue the dental insurance coverage for another year. NOW THEREFORE BE IT RESOLVED b the City Council of the City of y Y y Brooklyn Center to accept the negotiated insurance contract with Health Partners effective July 1, 1999 as stated. • 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. 7m • City of Brooklyn Center • A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers Hilstrom, Lasman, Nelson, and Peppe i FROM: Michael J. McCauley, City Manager DATE: May 6 1999 SUBJECT: Labor Agreement with Police Sergeants We have negotiated with Law Enforcement Labor Services to provide a contract for the sergeants who were p separated from the patrol officers and detectives due to a revision of their job duties to p be classified as management employees. In the past, the City and the sergeants, while members of g p Y Law Enforcement Labor Services Local No. 82 have arbitrated the issue of pay and been at odds regarding whether the duties of police sergeants in Brooklyn Center were similar to duties and responsibilities of other police sergeants in the Metropolitan area. In the most recent arbitration, the City prevailed on the issue of wages and had argued that police sergeants did not exercise duties and responsibilities similar to sergeants in other departments. This position was not seen as beneficial for the operation of the police department. Chief Downer and I felt that the effective operation of p p p p the police department required sergeants to be part of management and that expecting sergeants to manage their shifts, while at the same time arbitrating with them that they should not be paid or treated like sergeants in other departments was sending a mixed and unacceptable message. Thus, the major change in the contract language negotiated with the police sergeants for the first contract covering them as a separate bargaining unit is an increase in compensation that is commensurate with wages paid in the Metropolitan area to sergeants. As indicated, our pay scale for sergeants was below the pay for sergeants in comparable Metropolitan departments. With the change in job description as indicated previously, the proposed wage level reflects what sergeants are paid in comparable cities. The housing rate in 1999 will be $27.90 as compared to $26.22 in 1998. Another change in the contract distinguishing it from the contract with the patrol officers and detectives is that longevity and education are not provided for in the contract. Again, similar to the practice in a number of other cities, sergeants' pay reflects the management requirements of the position and does not differentiate pay based on longevity or education. The contract also reduces the number of holidays by three and increases the number of floating holidays by a corresponding number of three days. This will reduce the payment of overtime for holidays. This reduction is offset by increasing the overtime pay to double time for New Year's Day, Thanksgiving Day, and Christmas Day. Otherwise the contract is very similar in terms and conditions to the contract previously entered into between the City and Law Enforcement Labor Services Local No. 82 . representing the patrol officers and detectives. 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 Affirmatiue Action1Equal Opportunities Employer • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION AUTHORIZING LABOR AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND LAW ENFORCEMENT LABOR SERVICES LOCAL NO. 86 (REPRESENTING POLICE SERGEANTS) WHEREAS, attached here to an incorporated herein by references "Exhibit A" is a proposed labor agreement between the City of Brooklyn Center and Law Enforcement Labor Services Local #86 covering the period January 1, 1999 through December 31, 2000; WHEREAS, the terms and conditions set fourth in the labor agreement are reasonable and proper. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager be and hereby are authorized to execute the labor agreement set fourth in "Exhibit A" on behalf of the City of Brooklyn Center and be it further resolved that minor changes to the language of the proposed agreement may be made with the consent of the City Manager provided that such modifications due not change any terms with respect to the payment of wages or other changes impacting the overall monetary cost of the 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. • LABOR AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND LAW ENFORCEMENT LABOR SERVICES, LOCAL NO. 86 JANUARY 1, 1999 - DECEMBER 31, 2000 i • TABLE OF CONTENTS ARTICLE 1. PURPOSE OF AGREEMENT ................... ............................... 1 ARTICLE 2. RECOGNITION .................. ........... ............................... 1 ARTICLE 3. DEFINITIONS ................................ ..............................1 ARTICLE 4. EMPLOYER SECURITY ...................... ............................... 2 ARTICLE 5. EMPLOYER AUTHORITY .................... ............................... 2 ARTICLE 6. UNION SECURITY ........................... ............................... 2 ARTICLE 7. SAVINGS CLAUSE ........................... ............................... 2 ARTICLE 8. CONSTITUTIONAL PROTECTION ............. ............................... 2 ARTICLE 9. SENIORITY .................................. ..............................3 ARTICLE 10. WORK SCHEDULES ......................... ............................... 4 ARTICLE 11. DISCIPLINE .................................. ..............................4 ARTICLE 12. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE .............................. 5 ARTICLE 13. OVERTIME .................................. ..............................7 ARTICLE 14. COURT TIME ............................... ............................... 7 ARTICLE 15. CALL BACK TIME ........................... ............................... 8 ARTICLE 16. WORKING OUT OF CLASSIFICATION ......... ............................... 8 ARTICLE 17. STANDBY PAY .............................. ............................... 8 ARTICLE 18. LEAVES OF ABSENCE ....................... ............................... 8 ARTICLE 19. SEVERANCE ................................ ............................... 9 ARTICLE 20. INJURY ON DUTY .......................... ............................... 9 ARTICLE 21. FALSE ARREST INSURANCE ................ ............................... 9 ARTICLE 22. TRAINING ................................. ............................... 9 ARTICLE 23. POST LICENSE FEES ....................... ............................... 10 ARTICLE 24. UNIFORMS ............................... ............................... 10 ARTICLE 25. HOLIDAY LEAVE ......................... ............................... 10 ARTICLE 26. VACATIONS .............................. ............................... 11 ARTICLE 27. SICK LEAVE .............................. ............................... 11 ARTICLE 28. INSURANCE .............................. ............................... 12 ARTICLE 29. WAGE RATES ................................ I .............. I............ 13 ARTICLE 30. BENEFITS FOR RETIREES .................. ............................... 13 ARTICLE 31. MILEAGE AND EXPENSE REIMBURSEMENT ............................... 13 • ARTICLE 32. LIGHT DUTY ............................. ............................... 13 ARTICLE 33. AGREEMENT IMPLEMENTATION .......... ............................... 13 • ARTICLE 34. WAIVER .................................. ............................... 13 ARTICLE 35. DURATION ................ ............................... .. ........... 14 • MASTER LABOR AGREEMENT BETWEEN CITY OF BROOKLYN CENTER AND LAW ENFORCEMENT LABOR SERVICES, LOCAL NO. 86 ARTICLE 1 PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Brooklyn Center, hereinafter called the EMPLOYER and Law Enforcement Labor Services, Local No. 86, hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and /or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE 2 RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statues, Section 179A.03, Subdivision 14, for all police personnel in the following job classifications: Sergeant 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 DEFINITIONS 3.1 UNION: Law Enforcement Labor Services, Local No. 86. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services, Local No. 86. 3.3 DEPARTMENT: The City of Brooklyn Center Police Department. 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.5 EMPLOYER: The City of Brooklyn Center. 3.6 CHIEF: The Chief of the Brooklyn Center Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Local No. 86. 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.9 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.10 REST BREAKS: Period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.11 LUNCH BREAKS: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate. -1- 3.13 STRIKE: Concerned action in failing to report for duty, the willful absence from one's • position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. ARTICLE 4 EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT the UNION will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE 5 EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel, to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE 6 UNION SECURITY 6.1 The EMPLOYER shall deduct the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and /or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notices and announcement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE 7 SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Brooklyn Center. In the event any provision of the AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 8 CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota Constitutions. -2- ARTICLE 9 SENIORITY 9.1 Seniority shall be determined by continuous length of service in the job classification t covered by this AGREEMENT. Employees promoted from the classification covered by this AGREEMENT to a position outside the bargaining unit will continue to accrue seniority under this AGREEMENT until the completion of their promotional probationary period or for no longer than twelve (12) months. The seniority roster shall be based on length of service in the job classification covered by this AGREEMENT. Employees lose seniority under this AGREEMENT under the following circumstances: resignation, discharge for cause, or transfer or promotion to a classification not covered by this AGREEMENT after completion of the promotional probationary period or for no longer than twelve (12) months after transfer or promotion. 9.2 There shall be an initial probationary period for new employees of twelve (12) months. During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. The EMPLOYER shall give the UNION and the employees at least two (2) weeks written notice in advance of any layoff. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of the layoff before any new employee is hired. 9.4 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full -time employment. Except as noted in the preceding sentence, shift assignments shall be bid on the basis of seniority at least annually and after any permanent change in the work schedule. Employees will not be subject to shift rotation more often than every four (4) months. If a special assignment's position is created, assignment to such position shall be opened for bidding on the basis of seniority for up to a two year assignment in such position. A person shall not be eligible to bid or be assigned to such special assignment position more often than two years out of any six continuous year period. [A special assignment position is one out of the normal shift rotation with primary emphasis on patrol management.] 9.5 The EMPLOYER shall recognize reverse seniority by classification as the primary factor when calling off -duty employees to duty and when considering scheduled duty changes if such employees are qualified. 9.6 One continuous vacation period shall be selected on the basis of seniority until April 1 of each calendar year. 9.7 The EMPLOYER shall recognize seniority as the primary factor when authorizing holiday leave and compensatory time leave. • -3- 9.8 No time shall be deducted from an employees seniority accumulation due to absences occasioned by an authorized leave with pay, any military draft or government call -up to Reserves or National Guard, or for layoffs of less than two (2) years in duration. ARTICLE 10 WORK SCHEDULES 10.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each employee through: a. hours worked on assigned shifts, b. holidays, C. assigned training, and d. authorized leave time. 10.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 10.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE 11 DISCIPLINE 11.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one p J Y P or more of the following forms: a. oral reprimand; b. written reprimand; C. suspension; d. demotion, or e. discharge. 11.2 Suspension, demotions, and discharges will be in written form. 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and /or notices. 11.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the EMPLOYER. 11.5 Discharges will be preceded by a five (5) day suspension without pay. 11.6 Employees will not be questioned concerning an investigation of proposed disciplinary action against the employee being questioned unless the employee has been given an opportunity to have a UNION representative present at such questioning. 11.7 Grievances relating to this Article shall be initiated by the UNION in Step 3 of the grievance procedure under ARTICLE 12. i -4- ARTICLE 12 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 12.1 DEFINITION OF A GRIEVANCE - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 12.2 UNION REPRESENTATIVES - The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated as provided by 6.2 of this AGREEMENT. 12.3 PROCESSING OF A GRIEVANCE - It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 12.4 PROCEDURE - Grievances, as defined by Section 12. 1, shall be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty -one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER- designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER- designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2 . If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER- designated Step 2 representative. The EMPLOYER- designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER- designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER- designated Step 3 representative. The . EMPLOYER- designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A - 5 - grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER - designated representative's final answer to Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timeliness for Step 4 of the grievance procedure. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days of mediation shall be considered waived. Step 4. A grievance unresolved in Step 3 or Step 3a and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 12.5 ARBITRATOR'S AUTHORITY a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or . regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 12.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived ". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last 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- ARTICLE 13 OVERTIME 13.1 Employees will be compensated at one and one -half (1' /2) times the employee's regular • base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest six (6) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the EMPLOYER unless unusual circumstances prevent the employee from so working. 13.7 When employees have less than twelve (12) hours of duty -free time between assigned shifts, they will be compensated at a rate of one and one -half (1'/2) times the employee's regular base pay rate for the next shift. For purposes of this Article, shift extensions, elected overtime, voluntary changes of shifts, City- contracted work, training, and court time are considered as duty -free time. The twelve (12) hour requirement may be waived by mutual agreement between the Employee and the Police Administration. 13.8 As an i n monetary ma annually elect opt o to ary compensation for overtime, an y y t compensatory time off at a rate of one and one -half (1'/2) time. An employee's compensatory time bank shall not exceed forty (40) hours at any time during a calendar year. On or about December 1 of each year, the City will pay off by check the balance of compensatory time accumulated by each sergeant. No compensatory time will be accumulated or used during the month of December. Special overtime duty assignments made available to all employees by the Chief of Police at the employee's rate of compensation will not be eligible for compensatory time. Compensatory time off shall be granted only at the convenience of the EMPLOYER with prior approval of the EMPLOYER - designated supervisor. 13.9 Employees given less than sixteen (16) hours notice of a scheduled duty change other than their regularly scheduled work period shall be compensated at one and one -half (1' /z) times the employee's regular pay rate for hours worked outside of the scheduled work period. ARTICLE 14 COURT TIME An employee who is required to appear in court during their scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one -half (1 I /2) times the employee's base pay rate. An employee reporting to court after a scheduled "dog- watch" shift or any other shift ending between 0300 and 0600 hours shall receive a minimum of three (3) • hours' pay at one and one -half (1 t /2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for court appearance does not qualify the - 7 - employee for the two (2) hour minimum. Employees shall not be required to work office or street duty to qualify for the court time minimum. An employee who is required to appear in court during their scheduled off -duty time shall be given 12 hours notification of cancellation of the court appearance. If the notification is not given prior to 12 hours, the employee will receive the two (2) hour court time minimum. ARTICLE 15 CALL BACK TIME An employee who is called to duty during their scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one -half (1' /z) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hours minimum. ARTICLE 16 WORKING OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 17 STANDBY PAY Employees required by the EMPLOYER to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. ARTICLE 18 LEAVES OF ABSENCE 18.1 In cases of demonstrated need and where sick leave has not been abused, the EMPLOYER shall grant to employees a leave of absence without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence, the EMPLOYER will not permanently fill the employee's position and the employee's benefits and rights shall be retained. 18.2 An employee called to serve on a jury shall be reimbursed the difference between the amount paid for such service (exclusive of travel and expense pay) and compensation for regularly scheduled working hours lost because of jury service. 18.3 Employees ordered by proper authority to National Guard or Reserve Military Service not exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence without loss of status. Such employees shall receive compensation from the EMPLOYER equal to the difference between his /her regular pay and the lesser military pay. 18.4 Employees called and ordered by proper authority to active military service in time of war or other properly declared emergency shall be entitled to leave of absence without pay during such service. Upon completion of such service, employees shall be entitled to the same or similar employment of like seniority, status, and pay as if such leave had not been • taken, subject to the specific provisions of Chapter 192 of the Minnesota Statutes. - 8 - 18.5 Members of the bargaining unit will receive such additional leaves as provided for under State or Federal law, as the same laws may be amended from time to time. 18.6 Additional leaves of absence may be granted in the City Manager's discretion upon the same terms and conditions as then applicable to non -union employees pursuant to the City's Personnel policy applicable to non -union employees at the time of application for a leave of absence. ARTICLE 19 SEVERANCE 19.1 An employee shall give the EMPLOYER two (2) weeks notice in writing before terminating his employment. 19.2 Severance pay in the amount of one -third (1/3) the accumulated sick leave employees have to their credit at the time of resignation or retirement, times their respective regular pay rate, shall be paid to employees who have been employed for at least five (5) consecutive years. If discharged for just cause, severance pay shall not be allowed. ARTICLE 20 INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee's regular pay and Workers' Compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to the employee's vacation, sick leave, or other accumulated paid benefits, after a three (3) working day initial waiting period per injury. The three (3) working day waiting period shall be charged to the employee's sick leave account less Workers' Compensation insurance payments. ARTICLE 21 FALSE ARREST INSURANCE The EMPLOYER will provide each employee and pay 100% of the premium due thereon, with false arrest insurance provided, however, that the EMPLOYER will not be obligated to contribute to the purchase of coverage for any punitive damage claims which may constitute a portion of such false arrest insurance. In the event that separate coverage cannot be obtained (Le., for false arrest insurance coverage not including punitive damage claims), then the EMPLOYER shall not be obligated to pay for any premium which may become due for such insurance. In that event, the UNION may, on behalf of its members, obtain quotes for such insurance, including insurance containing separate coverage for punitive damage claims arising out of false arrest, and the EMPLOYER shall make contributions to the purchase of such insurance as shall be otherwise required according to the first sentence of this Article. ARTICLE 22 TRAINING 22.1 The EMPLOYER shall reimburse each employee who is required to maintain a license as a law enforcement officer under Minnesota Statutes, Section 626.84, et sec for actual expenses of tuition, meals, travel, and lodging incurred in meeting the continuing education requirements of the Minnesota Police Officers Standards and Training Board, not to exceed 48 hours of such training every three (3) years. The EMPLOYER need not make such reimbursement for attendance at a course located less than sixty (60) miles from the City of Brooklyn Center and such reimbursement shall not exceed similar allowances for state employees. If the EMPLOYER provides in- service training to its employees - 9 - which meets the continuing education requirements of the Minnesota Police Officers • Standards and Training Board, and if the EMPLOYER provides its employees with an opportunity to attend such in- service training courses, to the extent that such opportunity is provided to each employee, the obligation of the EMPLOYER to reimburse such employee for expenses incurred in attending continuing education courses shall be reduced. 22.2 The EMPLOYER shall pay each employee their regular salary while attending continuing education courses whether or not such courses attended are in- service training courses or courses given by instructors other than the EMPLOYER. The obligation of the EMPLOYER to pay such salaries shall not exceed a total of forty -eight (48) hours every three (3) years. ARTICLE 23 POST LICENSE FEES The EMPLOYER shall pay for 50% of the cost of POST license fees for all employees for requiring such license. ARTICLE 24 UNIFORMS The EMPLOYER shall rovide required uniform and equipment items. In addition, the p q EMPLOYER shall pay to employees a maintenance allowance of $85.00 per year. ARTICLE 25 HOLIDAY LEAVE 25.1 Holiday leave shall be granted for the following holidays: New Year's Day Martin Luther King, Jr. Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Five (5) floating holidays 25.2 Employees shall receive compensatory time off for each of the earned and accrued holidays. Such time off shall be taken as soon as practicable before or after the holiday for which it is accrued and as approved by the EMPLOYER. 25.3 An employee who works on Martin Luther King, Jr. Day, Memorial Day, Independence Day, or Labor Day shall receive time and one -half (1'/2) employee's regular pay rate for all hours worked in addition to straight compensatory time off for the holiday. h works i Year's Day, Thanksgiving Day Christmas Da 25.4 An employee who o s on'�ew e s y, g g y, y shall receive two times the employee's regular pay rate for all hours worked in addition to straight compensatory time off for the holiday. 25.4 Except as provided in 25.3 & 25.4, overtime pay shall not be authorized for employees for hours worked on holidays when such work is part of the planned schedule. 25.5 An employee may request a holiday off, which he /she is required to work, prior to fourteen calendar days before the holiday. The employer shall post the open holiday shift • to be filled by another employee at the holiday rate of pay. The employee making the request for the holiday off is responsible for working the holiday if the posting is not filled five (5) days prior to the holiday. - 10 - ARTICLE 26 VACATIONS 26.1 Permanent full -time employees shall earn vacation leave with pay as per the following schedule: 0 through 10 years of service - one hundred twenty (120) hours per year (accrued at 4.62 hours per pay period) eight (8) additional hours per year of service to a maximum of one hundred sixty (160) hours after fifteen (15) years of service 11 years - 4.92 hours per pay period 12 years - 5.23 hours per pay period 13 years - 5.54 hours per pay period 14 years - 5.85 hours per pay period 15 years - 6.15 hours per pay period 26.2 Employees using earned vacation leave or sick leave shall be considered working for the purpose of accumulating additional vacation leave. 26.3 Vacation may be used as earned, except that the EMPLOYER shall approve the time at which the vacation leave may be taken. Employees shall not be permitted to waive vacation leave and receive double pay. 26.4 Employees m accrue a maximum of one hundred with less than five 5 ears of service a OY Y i twenty (120) hours of vacation leave. Employees with more than five (5) but less than fifteen (15) consecutive years of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of one hundred sixty (160) hours of vacation leave. Employees with fifteen (15) consecutive years or more of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of two hundred thirty (230) hours of vacation leave. 26.5 Employees leaving the service of the EMPLOYER in good standing, after having given the EMPLOYER proper notice of termination of employment, shall be compensated for vacation leave accrued and unused. ARTICLE 27 SICK LEAVE 27.1 Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight (8) hours per month or ninety -six (96) hours per year (computed at 3.69 hours per pay period) of full -time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use during the first six (6) months of service. 27.2 Sick leave shall be used normally for absence from duty because of personal illness or legal quarantine of the employee, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents -in -law, spouse, or children 10 of the employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers -in -law, sisters -in -law, grandparents, - 11 - grandparents -in -law, and grandchildren of the employee. In addition to the preceding conditions, supervisors may approve the use of sick leave, up to a maximum of four (4) days (32 hours) per calendar year, for the care of the employee's children or spouse when the employee's supervisor determines that the situation requires the employee's presence. The four (4) special -use days (32 hours) cannot be accumulated from one year to the next, and if they are not used, they are included in the employee's normal sick -leave accumulation. 27.3 Sick leave shall accrue at the rate of eight (8) hours per month or ninety -six (96) hours per year until nine hundred sixty (960) hours have been accumulated (shall be computed at 3.69 hours per pay period). Effective January 1, 1994, after nine hundred sixty (960) hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month or forty -eight (48) hours per year (computed at 1.85 hours per pay period), and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month or twenty -four (24) hours per year (computed at .925 hours per pay period). Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workers' Compensation benefits shall be credited against the compensation due employees utilizing sick leave. 27.4 In order to be eligible for sick leave with pay, an employee must: a. notify the EMPLOYER prior to the time set for the beginning of their normal scheduled shift; b. keep the EMPLOYER informed of their condition if the absence is of more than three (3) days duration; c. submit medical certificates for absences exceeding three (3) days, if required by the EMPLOYER. 27.5 Employees abusing sick leave shall be subject to disciplinary action. ARTICLE 28 INSURANCE 28.1 1999 Full -time employees Effective 1/1/99, the City will contribute payment of three hundred sixty -five dollars ($365) per month per employee for use in the Employer's Cafeteria Benefit Plan. Additional benefits may be purchased by the employee as made available through the Employer's Cafeteria Benefit Plan. 28.2 2000 Full -time employees Effective 1/1/2000 the City will contribute three hundred ninety five ($395) per month toward the Employer's Cafeteria Benefit Plan. In the event members of Local 49 employed by the City of Brooklyn Center or non -union employees of the City of Brooklyn Center receive a contribution from the City to the cafeteria plan greater than $395 per month, then such greater amount shall also be provided for members of LELS Local 86 covered by this agreement upon the same terms as provided to Local 49 or non- union employees of the City of Brooklyn Center. • -12- 28.3 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide • payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use as provided in the Employer's Cafeteria Benefit Plan, The Employer will make a good faith effort to provide the following options for employee selection: group dental, supplemental life, long -term disability, deferred compensation or cash benefits. The Employer will be excused from the requirement of offering a particular option where such becomes unfeasible because of conditions imposed by an insurance carrier or because of other circumstances beyond the City's control. ARTICLE 29 WAGE RATES Effective January 1, 1999 the employee's hourly rate will be $27.90. Effective January 1, 2000 the employee's hourly rate will be $28.75. ARTICLE 30 BENEFITS FOR RETIREES Retirees at the time of retirement, shall receive the same options and level of City contribution for insurance coverage upon retirement as are provided by the City's Personnel Policy covering non -union employees as such options and contributions may be changed by the City from time to time. ARTICLE 31 MILEAGE AND EXPENSE REIMBURSEMENT Employees shall receive the same mileage and expense reimbursement rates upon the same terms and conditions as generally provided in the City's Personnel Policy covering non -union ® employees as such policy may be changed by the City from time to time. ARTICLE 32 LIGHT DUTY Members of the bargaining unit will be eligible for temporary light duty assignment upon approval of the City Manager upon such terms and conditions as would apply to non -union employees of the City as set forth in the City's personnel policy, as the same may be amended from time to time by the City. ARTICLE 33 AGREEMENT IMPLEMENTATION EMPLOYER shall implement the terms of this AGREEMENT in the form of a resolution. If the implementation of the terms of this AGREEMENT require the adoption of a law, ordinance, or charter amendment, the EMPLOYER shall make every reasonable effort to propose and secure the enactment of such law, ordinance, resolution, or charter amendment. ARTICLE 34 WAIVER 34.1 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. 34.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and -13- unqualifiedly waives the right to meet and negotiate regarding any and all terms and • conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 35 DURATION This AGREEMENT shall be effective as of January 1, 1999 and shall remain in full force and effect until the thirty -first (3 1) day of December, 2000, as noted in the contract. IN WITNESS THERETO, the parties have caused this AGREEMENT to be executed this day of 1999. FOR THE CITY OF FOR LAW ENFORCEMENT BROOKLYN CENTER LABOR SERVICES NO. 86 Mayor Business Agent City Manager Union Steward -14-