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HomeMy WebLinkAbout1997 05-27 CCP Regular Session Public Copy • CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER May 27, 1997 7 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Council Report 5. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote • on the minutes. 1. Ap ril 23 , 1997 - Special Work Session 2. April 28, 1997 - Regular Session �. May 1, 1997 - Joint Session with Financial Commission b. Resolution Authorizing Execution of a Cooperative Joint Powers Agreement for Emergency /Standby Water Interconnect Between the Cities of Brooklyn Park and Brooklyn Center c. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 1997 -11, Elevated Storage Tank Repair - Tower No. 2 d. Resolution Rejecting Bids, Improvement Project No. 1995 -05, Contract 1997 -G, 69th Avenue, Shingle Creek Parkway to Dupont Avenue Landscaping e. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees f. Application for Temporary On -Sale Liquor License at St. Alphonsus Church g. Resolution Calling for a Public Hearing to Consider Amendment to Year 1995 Projected Use of Funds for the Urban Hennepin County Community Development Block Grant Program • CITY COUNCIL AGENDA -2- May 27, 1997 h. Licenses 6. Open Forum 7. Council Consideration Items a. Resolution Expressing Recognition and Appreciation to Ulyssess Boyd for His Dedicated Public Service on the Charter Commission - Requested Council Action: - Motion to adopt resolution. b. Resolution Declaring Earle Brown Days as a Civic Event from June 22 through June 29, 1997 - Requested Council Action: - Motion to adopt resolution. C. Mobile Computing Device (MCD) System Update State of Minnesota Connection - Requested Council Action: - Receive report. • d. Set Date for Meeting with Brooklyn Community Chamber of Commerce Board of Directors - Requested Council Action: - Motion to set date for meeting with Brooklyn Community Chamber of Commerce. e. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Buildings in R -1 and R -2 Districts - Requested Council Action: - Motion to approve first reading of ordinance and set June 23, 1997, for public hearing and second reading or direct Planning Commission to review and recommend on accessory structure regulations with direction to Commission from City Council. f. Regulation of Secondhand Goods Dealers - Requested Council Action: - Discussion item. g. Transfer of Liquor Licenses - Requested Council Action: - Discussion item. • h. Resolution Authorizing the City of Brooklyn center to Enter Into an Agreement with Authorizing g the Minnesota Auto Theft Prevention Program for the Local Law Enforcement Grants • CITY COUNCIL AGENDA -;- May 27, 1997 Program - Requested Council Action: - Motion to adopt resolution. i. Resolution Approving the Contract for Law Enforcement Labor Services (LELS) and the City of Brooklyn Center for the Calendar Years 1997 & 1998 - Requested Council Action: - Motion to adopt resolution. S. Adjournment • • • CITY COUNCIL AGENDA 4- May 27, 1997 EDA AGENDA CITY OF BROOKLYN CENTER May 27, 1997 7 p.m. 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Commission Consideration Items a. Resolution Approving Settlement Agreement for Acquisition of 620 -53rd Avenue pP g g q North -Requested Commission Action: - Motion to adopt resolution. 5. Adjournment • • 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 SPECIAL WORK SESSION APRIL 23, 1997 CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center City Council met in a special work session and was called to order by Mayor Myrna Kragness at 7:00 p m. ROLL CALL Mavor 1vIyrna Kragness. Councilmembers Kathleen Carmodv, Debra Hilstrom. Kav Lasman. and Robert Peppe. Also present: City Manager Michael J. McCauley, Community Development'Director Brad Hoffman, and Council Secretary Leann Larson. I_. COUNCIL ITEMS: • COUNCILNIEMBER aRMODY: EDA LOAN PROGRAM Councilmember Carmodv discussed the use of the Home Rehabilitation Program (Deferred Loan Program). The program has been in existence since 1978 and has rehabilitated over 200 homes in that time. The maximum grant was for S10,000 until 1993, when it increased to S 15,000 and the loan deferral was extended from five years to ten years. There was a priority placed on Grants for exterior work. if possible, along with the life and safety issues which are afforded the highest priority. Councilmember Carmody explained the compilation of statistical information on the grants for the last ten years. 'While doing this, she realized that the Council may need to decide if the purpose of this Program was to maintain housing values and the housing stock, or to keep people in their homes and, therefore, be more of a social service program. Councilmember Carmodv stated that the budget for this Program was 560,000 for this.year. which translates into rehabilitation work on approximately four homes. She expressed concern that the original intent of the Program -- upgrading the housing stock - -was not being accomplished as the -rants are consumed by interior work (the life, health, and safety issues). Community Development Director Hoffman and City Manager McCauley fielded several Questions relating to this issue. Upon discussion, the Council agreed to put this issue on the • 1 1 %97 -1- DRAFT i next City Council agenda for a decision. • II. STAFF ITEMS: HERITAGE CENTER OPEN HOUSE City Manager McCauley updated the Council on the progress of plans for the Earle Brown Heritage Center open house in June. DISCUSSION OF POLICE/FIRE DESIGN /OPTIONS/MEETINGS City Manager McCauley gave an update of the Police/Fire design/options /meetings issue. Several different options are being explored. A public forum will be presented May 28, 1997, addressing the three or four major concepts possible. Pros and cons will be discussed for these concepts. The Council took a break at 9:12 p.m. and reconvened at 9:17 p.m. III. MISCELLANEOUS Councilmember Hilstrom asked to discuss the upcoming modification to Tax Increment Financing District No. 3. Councilmember Hilstrom discussed her thoughts regarding whether • .the Council wished to study this issue further and the long -term implications of the proposed modifications in the Tax Increment Financing District in general. She also raised the issue of the process and whether the Council would be interested in additional review and discussion of the proposed modifications to the Tax Increment Financing Plan. There was general discussion among the Council regarding the issues involved in the proposed modification to Tax Increment Financing District No. 3, the current process involved with Brookdale and its current market value, and the specific proposal to modify the district. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn the meeting at 9:50 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson • 4/23/97 -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 28, 1997 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:15 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, Community Development Director Brad Hoffman, Public Services Director Diane Spector, Finance Director Charlie Hansen, City • Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. INVOCATION Invocation was given by Pastor McKinley Moore, Jehovah Jireh Church. COUNCIL REPORTS Mayor Kragness welcomed the new Assistant City Manager Jane Chambers. Councilmember Peppe noted the Park and Recreation Commission's work to designate destination parks. Also, the city -wide spring clean-up went well. Councilmember Lasman noted the success of the recent Crime Prevention Awards Night, honoring a number of local heros. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Peppe requested that item 51 be removed from the consent agenda for discussion. Councilmember Carmody requested that item 91 be removed from the agenda pursuant to the • staff request. 4/28/97 -1- DRAFT A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve • the agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve minutes of the March 18, 1997-- Council/Park & Recreation Commission; March 24, 1997- - Regular Session; and March 31, 1997 -- Special Work Session as printed passed unanimously. RESOLUTION NO. 97 -73 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPOINTING KRISTELLE BERG AS ALTERNATE TO THE BOARD OF DIRECTORS OF LOGIS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION NO. 97 -74 Member Carmody introduced the following resolution and moved its adoption: • RESOLUTION APPOINTING JANE CHAMBERS TO THE BOARD OF DIRECTORS OF THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. APPLICATION FOR TEMPORARY BEER LICENSE - ST ALPHONSUS CHURCH A motion was made by Councilmember Carmody to approve the application for temporary beer license to St. Alphonsus Church. The motion was seconded by Councilmember Lasman and passed unanimously. RESOLUTION NO. 97 -75 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AWARDING A CONTRACT FOR PROFESSIONAL SERVICES FOR DESIGN AND CONSTRUCTION MANAGEMENT, IMPROVEMENT PROJECT NO. 1997- 14, WATER UTILITY CONSERVATION MEASURES • 4/28/97 -2- i The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. LICENSES Mechanical Systems Air Conditioning Associates, Inc. 689 Pierce Butler Route, St. Paul Flare Heating & Air Conditioning, Inc. 9303 Plymouth Avenue North, Golden Valley Gilbert Mechanical Contractors, Inc. 4451 West 76th Street, Minneapolis Sabre Heating & Air Conditioning 14505 21st Avenue North, Suite 230, Plymouth Motor Vehicle Dealership Brookdale Dodge 6800 Brooklyn Boulevard Iten Chevrolet Company 6701 Brooklyn Boulevard Rental Dwellings Renewal: Arlene Sutton 7106 France Avenue North Jack & Nancy Wold 5907 -09 June Avenue North Norbert & Dolores Volbert 4207 Lakeside Avenue North, #122 • Sharon Haugen, Julie Haugen, Dorothy Janssen 4806 Twin Lake Avenue North Mark Johnson, Reza Vojoodi 5211 Xerxes Avenue North Outreach Community Center 507 69th Avenue North OPEN FORUM Paul Williams, President of Tried & True Tools, Inc., asked the Council to consider addressing possible ordinance modifications for Second Hand Dealers. Mr. Williams stated that his company is looking to relocate from Fridley to Brooklyn Center but felt that current ordinances governing Second Hand Dealers would be costly, restrictive, and cumbersome. Councilmember Carmody asked that this item be discussed at the next Council work session. PUBLIC HEARING RESOLUTION APPROVING MODIFICATIONS NO 1 AND NO 2 TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO 3, AND MAKING FINDINGS WITH RESPECT THERETO City Manager McCauley introduced Hennepin County Commissioner Mike Opat. Mr. Opat noted Hennepin County's support for this TIF modification. • 4/28/97 -3- a " RAFT -11 City Manager McCauley explained that the modifications would remove six parcels from the • district. The six parcels to be removed have had significant reductions in value since the inception of the district. These same six parcels would then be reinstated in the TIF district. The result of the actions would be to reduce the base value of the district to reflect the current market values of the properties in question. At the time the district was established, a base value, or total market value of the property in the district, was established. The base value represents one of the criteria upon which a TIF cash flow is determined. TIF is based upon additional value above the base value. Also, at the time the district was established, the tax rate at the time became the other criterion determining TIF cash flow. TIF is determined by the set tax rate times the net tax capacity above the base value. TIF does not capture increases in tax rate. The parcels to be removed and reinstated have lost over $20 million in value since the district was established. That means there would have to be $20 million in new value added to the district before any TIF monies would be generated. In order to undertake redevelopment at Brookdale or other areas of the city, TIF modifications are necessary. The Planning Commission, at a meeting of April 17, 1997, made a motion that the modifications to Tax Increment Financing District No. 3 conform to the general plan for development or redevelopment of the City as a whole. • A motion by Councilmember Carmody and seconded by Councilmember Peppe to open the public hearing passed unanimously. No public input was offered. A motion by Councilmember Lasman and seconded by Councilmember Carmody to close the public hearing passed unanimously. Councilmember Carmody spoke in favor of this resolution as the decreased value of Brookdale has been a drag on the City. City Attorney LeFevere noted several clarifications for the minutes. Councilmember Lasman made a motion to have the minutes reflect that, with respect to paragraphs 3 and 4 of the resolution, the Council specifically reconfirms that the findings qualifying the district apply independently to the area affected by modifications No. 1 and No. 2. The motion was seconded by Councilmember Carmody and passed unanimously. • 4/28/97 -4- • Councilmember Lasman made a motion to direct staff to administratively change page 5 of the plan modification to conform to the resolution adopted by the EDA on April 28, 1997, which modified the financing plan for Tax Increment Financing District No. 3. The motion was seconded by Councilmember Carmody and passed unanimously. RESOLUTION NO. 97-76 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING MODIFICATIONS NO. 1 AND NO. 2 TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 3, AND MAKING FINDINGS WITH RESPECT THERETO The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 97005 SUBMITTED BY TIMOTHY THOMPSON • Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. 97005 submitted by Timothy Thompson. This is a request for a variance approval to allow an addition to a detached garage at 5945 Camden Avenue North resulting in an accessory building that exceeds both the 1,000 square foot maximum size of a single accessory building and also the ground coverage of a principal building. The Planning Commission recommended denial of this application at its April 17, 1997, meeting. Timothy Thompson, homeowner at 5945 Camden Avenue North, was present to answer several questions. Following discussion, Councilmember Peppe made a motion to direct the Planning Commission to look at the ordinance amendment regarding businesses and sizes. The motion was seconded by Councilmember Carmody and failed on a vote of Councilmember Peppe and Mayor Kragness voting aye; Councilmembers Carmody and Lasman voted nay. A motion by Councilmember Carmody and seconded by Councilmember Peppe to deny approval of Planning Commission Application No. 97005 passed unanimously. • 4/28/97 -5- DRAFT PLANNING COMMISSION APPLICATION NO 97007 SUBMITTED BY POPEHN • LIMITED PARTNERSHIP (HIAWATHA RUBBER COMPAN)) Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. 97007 submitted by Popehn Limited Partnership (Hiawatha Rubber Company). This is a request for Site and Building Plan approval to construct a 37,440 square foot addition to the Hiawatha Rubber Company building located at 1700 67th Avenue North. The Planning Commission recommended approval of this application at its April 17, 1997, meeting. A motion was made by Councilmember Lasman to approve Planning Commission Application No. 97007 subject to the conditions recommended by the Planning Commission as follows: 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) Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3) A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of approved site improvements. • 4) Any outside trash disposal facilities and rooftop or on- ground mechanical equipment shall be appropriately screened from view. 5) 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. 6) The underground irrigation system shall be extended to all new landscape areas to facilitate site maintenance. 7) Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 8) B -612 curb and gutter shall be provided around the expanded parking and driving areas. 9) The applicant shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 10) The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering department. • 4128/97 -6- • 11) All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current Standard Specifications and Details. 12) Additional lighting proposed for this site shall be provided in conformance with Section 35 -712 of the Zoning Ordinance. 13) A Proof of Parking Agreement acknowledging the need to install up to 36 parking spaces on the site upon a determination of the City shall be executed and filed with the title to the property prior to the issuance of building permits for this project. The motion was seconded by Councilmember Carmody and passed unanimously. COUNCIL CONSIDERATION ITEMS RESOLUTION ACKNOWLEDGING DONATION FROM THE BROOKLYN CENTER LIONS CLUB FOR ARBOR DAY PROGRAM Mayor Kragness thanked the Brooklyn Center Lions Club for their generous donation of $250 designated for the May 14 Arbor Day activities at Northport School. • RESOLUTION NO. 97 -77 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING DONATION FROM THE BROOKLYN CENTER LIONS CLUB FOR ARBOR DAY PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. DISCUSSION OF UTILITY BILLING COLLECTION PROCEDURES City Manager McCauley explained that staff has surveyed other cities regarding their utility billing collection practices and developed a comparison of costs of certification by special assessment to the property taxes process versus the water shut -off process. Finance Director Charlie Hansen noted the summary of those studies and supporting detail. He further stated that the City could save substantial time by both the Finance staff and the Public Utilities staff by switching to the certification process. Time saved by the Public Utilities staff could be used to meet the increased maintenance needs of our system as it ages. Time saved by the Finance staff could be used to compensate for the reduction of one full -time position which was removed from the department last summer. • 4/28/97 -7- Mr. Hansen stated the change would provide better service to customers and avoids • confrontational and potentially dangerous encounters between staff and citizens. It was Council consensus to direct staff to prepare a proposed policy and resolution relating to use of special assessments for Council discussion. RESOLUTION APPROVING THE LOCAL STORM WATER MANAGEMENT PLAN City Manager McCauley explained that this is a housekeeping measure whereby the Council provides final approval of the City's Local Storm Water Management Plan. The Council provided preliminary approval in June 1994. The Plan was then submitted to the Shingle Creek and West Mississippi Watershed Management Commissions for comment and revisions. The Plan was then resubmitted to the two commissions and Metropolitan Council for comment, final revisions were made, and the Plan was approved by the two commissions in March 1997. RESOLUTION NO. 97-78 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE LOCAL STORM WATER MANAGEMENT PLAN The motion for the adoption of the foregoing resolution was duly seconded by member • Carmody and passed unanimously. RESOLUTION ADOPTING THE BIAS/HATE CRIME RESPONSE PLAN City Manager McCauley stated that this Bias/Hate Crime Response Plan has been proposed by the Human Rights and Resources Commission and takes a proactive approach to making and keeping the City a positive place to live, work, and visit for all persons. RESOLUTION NO. 97 -79 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE BIAS/HATE CRIME RESPONSE PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION AUTHORIZING CONTRACT AND POLICY AMENDMENT REGARDING LIFE INSURANCE City Manager McCauley recommended that the Council authorize an addendum to the • contractual language to provide that the City will provide $10,000 of life insurance coverage 4/28/97 -8- DRA_ • for each full -time employee in the various bargaining units and the unrepresented employees. RESOLUTION NO. 97-80 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CONTRACT AND POLICY AMENDMENTS REGARDING LIFE INSURANCE The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. REPORT ON CODE ENFORCEMENT PLAN FOR 1997 City Manager McCauley explained that the Community Development and Police departments would once again be working together to identify and inform owners whose properties need to be cleaned up because they are not in compliance with City ordinances. Mr. McCauley outlined the ordinance provisions relating to vehicles, trucks, and boats in driveways without current license tabs, inoperable, or with missing parts or in disrepair; appliances; construction debris; trash and garbage; dog feces; etc. • RESOLUTION AWARDING A CONTRACT FOR PROFESSIONAL SERVICES FOR DESIGN AND CONSTRUCTION MANAGEMENT IMPROVEMENT PROJECT NO 1997- 10. REPLACEMENT OF SCADA AND INTRAC SYSTEMS Councilmember Peppe asked why the low bidder would not be awarded the contract in this case. Public Services Director Diane Spector explained that TKDA staff appeared to have the clearest understanding of the City's system and needs. Also, TKDA's proposal more specifically addressed detailed solutions to the City's specific needs. And, TKDA has previously been retained to provide plans for mechanical and energy management retro -fits to existing well pumps, thus avoiding duplication of services and potential discrepancies. RESOLUTION NO. 97-81 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION AWARDING A CONTRACT FOR PROFESSIONAL SERVICES FOR DESIGN AND CONSTRUCTION MANAGEMENT, IMPROVEMENT PROJECT NO. 1997- 10, REPLACEMENT OF SCADA AND INTRAC SYSTEMS • 4/28/97 -9- FkN J 7 4 The motion for the adoption of the foregoing resolution was duly seconded by member • Carmody and passed unanimously. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Peppe to adjourn the meeting at 9:07 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson • • 4/28/97 -10- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • AND FINANCIAL COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT SESSION MAY 1, 1997 CITY HALL CALL TO ORDER The City Council and Financial Commission met in a joint meeting called to order by Mayor Kragness at 7 p.m. in Conference Room B, City Hall. ROLL CALL Mayor Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Robert Peppe, Financial Commission Chair Donn Escher, Commissioners Ned Storla, Jay Hruska, Ron Christensen, Larry Peterson, and Jerry Blarney. Also present were City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Finance Director Charlie Hansen. Councilmember Debra Hilstrom arrived at 7:15 P.M. Commissioner Michael Weidner was absent and excused. • PRESENTATION OF PROPOSED REVISION TO E CAPITAL PITA IMPROVEMENTS FUND N SE F H T N EXPENDITURE POLICY & CAPITAL EXPENDITURE RESERVE FUND POLICY Chair Escher introduced the policies and explained some of the history behind its development. Finance Director Hansen was asked to summarize the changes from the previously adopted policy to the proposed policy. City Manager McCauley explained the reserve fund policy is intended only to be used in catastrophic situations and its $1,000,000 initial balance was set based upon an analysis of possible uninsured losses the City might suffer. Extensive discussion followed. By consensus it was decided that one or more Financial Commissioners should appear at a City Council meeting to present the policies so that the audience would receive an explanation of them before the City Council had a vote on their adoption. DISCUSSION OF THE ROLE OF THE FINANCIAL COMMISSION IN THE 1998 BUDGET PROCESS. Chair Escher described how in some previous years the Financial Commission received budget materials such as the budget calendar and was involved in the discussion of budget issues. He noted there has been less involvement in recent years and asked the City Council to discuss and decide what role it would like the Financial Commission to have. City Manager McCauley recommended • 5/1/97 -1- NN ' URAFT a big picture role for the Financial Commission and described a possible order of events. Extensive discussion followed. It was decided by consensus that the Financial Commission would be invited • to attend the initial City Council budget work session on May 22, 1997, for further discussions. UPDATE ON FIRE & POLICE BUILDING NEEDS AND BOND ISSUE PLANNING City Manager McCauley summarized the results of a survey of persons who attended open houses at the fire and police stations during April. He outlined the three options for building plans and listed possible sites if the choice were to build a separate police building at a new site. The issue of presenting police and fire bonds as separate questions on the referendum election or as a single question was discussed. NEXT MEETING The next meeting will be Thursday, May 22, 1997 at 7 p.m. and will be a joint meeting with the City Council at its budget work session. ADJOURNMENT The meeting adjourned at 9:17 p.m. • City Clerk Mayor 5/l/97 -2- MEMORANDUM DATE: May 19, 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Resolution Authorizing Execution of a Cooperative Joint Powers Agreement for Emergency /Standby Water Interconnect Between the Cities of Brooklyn Park and Brooklyn Center On April 14, 1997, the City Council approved plans and specifications for Improvement Nos. 1997 - 04,05, and 06, France Avenue Roadway and Utility Improvements from 69th Avenue N. to 73rd Avenue N. As part of the utility design, an emergency water supply interconnect with the City of Brooklyn Park has been provided. A Cooperative Joint Powers Agreement with the City of Brooklyn Park has therefore been drafted. This agreement essentially provides for the construction and subsequent maintenance and use of the interconnect. The agreement has also been reviewed by City of Brooklyn Park staff, and appropriate comments and /or revisions have been incorporated into the document. It is therefore recommended that the City Council approve the attached resolution authorizing the City of Brooklyn Center to enter into an agreement with the City of Brooklyn Park for the construction and subsequent maintenance and use of an emergency water supply interconnect at France Avenue and 73rd Avenue North. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. _ RESOLUTION AUTHORIZING EXECUTION OF A COOPERATIVE JOINT POWERS AGREEMENT FOR EMERGENCY /STANDBY WATER INTERCONNECT BETWEEN THE CITIES OF BROOKLYN PARK AND BROOKLYN CENTER WHEREAS, the City of Brooklyn Center's Capital Improvement Program and Water Supply Emergency and Conservation Plan have identified the need for an emergency water supply interconnect with the City of Brooklyn Park near the intersection of France Avenue and 73rd Avenue, and; WHEREAS, plans and specifications have been completed for street and utility improvements for France Avenue from 69th Avenue N. to 73rd Avenue N., including the providing of an emergency water supply interconnect with the City of Brooklyn Park, and; WHEREAS, a cooperative joint powers agreement between the Cities of Brooklyn Center and Brooklyn Park has been prepared to provide for the construction, maintenance, and joint use of the said interconnect. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into an agreement with the City of Brooklyn Park providing for the construction and subsequent use and maintenance of an emergency water supply interconnect near the intersection of France Avenue and 73rd Avenue North. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council 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. • • COOPERATIVE JOINT POWERS AGREEMENT FOR EMERGENCY /STANDBY WATER INTERCONNECT BETWEEN THE CITIES OF BROOKLYN PARK AND BROOKLYN CENTER THIS AGREEMENT, made and entered into this day of , 1997, by and between the City of Brooklyn Park, herein referred to as "Brooklyn Park" and the City of Brooklyn Center, herein referred to as "Brooklyn Center." WITNESSETH: WHEREAS, Brooklyn Center and Brooklyn Park each operate and maintain separate water production and distribution systems for the health, safety, welfare, and benefit of each City's constituents, and; WHEREAS, Brooklyn Center and Brooklyn Park are desirous of establishing a common water connection between the two systems in the event of a water shortage or water emergency, and; WHEREAS, Brooklyn Center has identified the need for an emergency water connection with Brooklyn Park in the Brooklyn Center Public Water Supply, Emergency and Water Conservation Plan, and; • WHEREAS, Said Plan has identified France Avenue at 73rd Avenue as an appropriate location to provide an emergency water connection, and; WHEREAS, Brooklyn Center has authorized a roadway and utility improvement project in the year 1997 for France Avenue from 69th avenue North to 73rd Avenue North, and; WHEREAS, Brooklyn Center and Brooklyn Park have agreed that it is appropriate and feasible to install a water connection as part of this improvement project, and; WHEREAS, Minnesota statutes section 471.59 allows Brooklyn Center and Brooklyn Park to enter into a Joint Powers Agreement to plan and construct public utilities on common boundaries between two cities. NOW, THEREFORE, it is hereby agreed by and between the parties to this agreement as follows: 1. That Brooklyn Center and Brooklyn Park, by executing this agreement, mutually approve Brooklyn Center as the lead agency and agree to review and approve plans and specifications for said water improvement. Brooklyn Park shall provide Brooklyn Center with all available data and materials pertinent to the work program as required to complete this project. This data and • material may consist of, but will not be limited to; contour maps, utility and street plans, and aerial photos. 2. Brooklyn Center shall provide Brooklyn Park with copies of plans prepared by Brooklyn • Center and they shall be reviewed and approved by the Brooklyn Park City Engineer or designee before any work is initiated within the City of Brooklyn Park. 3. Brooklyn Center shall administer the public contract to construct said improvements and shall inspect the construction of the work contemplated herewith, and all work shall be completed in compliance with the plans and specifications. The Brooklyn Park City staff shall have the right, as work progresses, to enter upon the premises to make any inspections deemed necessary, but will have no responsibility for the supervision of the work. Brooklyn Center shall notify the Brooklyn Park City Engineer or designee at least 24 hours prior to initiating any work within Brooklyn Park. Brooklyn Center shall require its Contractor to correct any deficiencies found by Brooklyn Park within Brooklyn Park's cooperate limits. 4. The proposed schedule is to complete the improvement project prior to November 1, 1997. 5. Brooklyn Center shall be responsible for all costs incurred for the project, including construction, engineering, inspection, restoration, and administrative costs. 6. Brooklyn Park agrees to allow Brooklyn Center to utilize existing right -of -way on France Avenue and 73rd Avenue for the construction of the project. • 7. It is understood and agreed that upon completion of these improvements, all project elements shall be part of the as -built plans prepared by Brooklyn Center and reviewed by Brooklyn Park and shall become the property of the city in which those improvements are located. All maintenance and repair or replacement required thereafter shall be performed by Brooklyn Center. 8. It is the intent and understanding of both cities that said "interconnect shall be utilized for temporary or emergency uses only. It is understood and agreed that upon project completion, opening of the emergency interconnect by either City shall be performed only upon authorization by the City Manager or designee of the other City. Terms of emergency use, such as the length of time of actual water transfer and appropriate compensation shall be negotiated between and by each City's City Manager or designee at the time of emergency. Both Brooklyn Park and Brooklyn Center shall have the authority to close the temporary exchange of water at any time, but must provide reasonable notice to the other City prior to doing so. 9. It is further agreed that each party to this agreement shall not be responsible or liable to the other or to other persons whosoever for claims, damages, actions, or causes of actions of any .kind or character rising out of or by reason of performance of any work or part hereof by the other as provided herein; and each party agrees to defend at its sole cost and expense, any action or proceeding commenced for the purpose of asserting any claim or whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. Brooklyn • Park also agrees that any contract let by Brooklyn Center for performance of work on the improvements as provided for herein shall include clauses that will: • a) Require the contractor to defend, indemnify, and save harmless Brooklyn Park and Brooklyn Center, their officers, agents, and employees from claims, suits, demands, damages, judgements, costs, interest, expenses(including, without limitation; reasonable attorney fees, witness fees and disbursements included in the defense thereof) arising out of or by reason of the negligence of the said contractor, its officers, employees, agents, or sub- contractors. b) Require the contractor to provide and maintain sufficient insurance so as to insure the performance of its hold harmless obligation. C) Nothing herein shall be deemed a waiver of the limitations or liability provided for in Minnesota Statutes, Chapter 466, and neither party shall have any obligation to indemnify the other in any amount in excess of the limitations on liability set forth therein. 10. Brooklyn Center agrees to provide necessary signage warning motorists of work being done within the public right -of -way. IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF BROOKLYN CENTER CITY OF BROOKLYN PARK • BY BY Mayor Mayor DATE: DATE: AND: AND: City Manager City Manager - DATE: DATE: (seal) (seal) • 5� • MEMORANDUM DATE: May 19, 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 1997 -11, Elevated Storage Tank Repair -Tower No. 2 On January 27, 1997, the City Council approved Resolution No. 97 -20, ordering Improvement Project No. 1997 -11, Elevated Storage Tank Repair -Tower No. 2. Authorization providing for the consulting firm of KLM Engineering, Inc. to prepare plans and specifications was subsequently approved. As reported in.January, the repairs needed can generally be summarized as re- coatings of the tank surfaces along with some minor structural repairs. Tower #2 (69th and Dupont) was last coated and repaired in 1984. Its coatings are generally in good condition but require repair, especially the exterior coating. Miscellaneous interior and exterior structural repairs are also required. With the recommended repairs to the coatings, the overall coatings should be satisfactory for an additional five to seven years - possibly even ten. • Plans and specifications for the. improvement project have been completed. In order for the project to be completed in a timely fashion during the 1997 construction season, it is recommended that an advertisement for bids now be authorized. It is expected that the tower will be out of service for up to one month while the rehabilitation work is being performed. Therefore, a late summer /early fall schedule is desired while water demands are expected to be lower. It is recommended that the City Council approve the attached resolution approving plans and specifications and authorizing an advertisement for bids for Improvement Project No. 1997 -11, Storage Tank Repair -Tower No. 2. Detailed plans and specifications will be available for Council review Monday evening, or prior to then at any request. Council member's re ue t. • Member introduced the following resolution and moved its . adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FORBIDS, IMPROVEMENT PROJECT NO. 1997 -11, ELEVATED STORAGE TANK REPAIR - TOWER NO. 2 WHEREAS, the City Council on January 27, 1997, by Resolution No. 97 -20 ordered Improvement Project No. 1997 -11, Elevated Storage Tank Repair - Tower Number 2, and authorized the preparation of plans and specifications; and WHEREAS, the consulting firm of KLM Engineering, Inc. under the direction of the City Engineer have prepared said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The plans and specifications for said improvement project are hereby approved and ordered filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official newspaper • and Construction Bulletin an advertisement for bids for the making of such improvement in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota State Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City Clerk for 5 percent of the amount of such bid. 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. ,5 MEMORANDUM DATE: May 19, 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Resolution Rejecting Bids, Improvement Project No. 1995 -05, Contract 1997 -G, 69th Avenue, Shingle Creek Parkway to Dupont Avenue Landscaping Bids for Contract 1997 -G were received on May 21, 1997. This project was established by the City Council on March 10, 1997 per Resolution No. 94 -44. The proposed project consists of tree replacements and landscaping enhancements to the 69th Avenue street improvement project that was essentially completed at the end of last year. The bidding results are tabulated as follows:. Bidder Bid Amount NorthMetro Landscaping, Inc. $94,395.00 Greenworks $97,740.00 Hoffman and Mcnamara $97,793.95 Minnesota Valley Landscaping $99,917.20 • These amounts are co ' considerably higher than the Engineer's Estimate of $55,000. The difference can primarily be attributed to the following: 1. Excessive Sign Costs. The proposal provided for the installation of two "stone" park entrance signs for the Palmer Lake park and trail system, similar to the sign recently installed at Cahlander Park. The bid prices for these signs greatly exceeded the estimated cost which was based upon the sign previously installed. .2. Other Costs. Many of the tree species bid were slightly higher than the estimated cost. Timing of the bids in conjunction with availability and the required and ideal planting times for many of these species can affect the prices. It is the expectation that if the project is re -bid for a late summer /fall planting, better prices may be attained. In addition, the majority of bid items are eligible for State Aid funding: however, the stone signs are not. At this time, it is recommended that the City Council reject the bids. This will allow staff an opportunity to further review and evaluate the project scope, schedule, and cost. It is anticipated that a subsequent recommendation would then be made to re -bid the project. Attached is a resolution providing for rejection of the bids. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. _ RESOLUTION REJECTING BIDS, IMPROVEMENT PROJECT NO. 1995 -05, CONTRACT 1997 -G, 69TH AVENUE, SHINGLE CREEK PARKWAY TO DUPONT AVENUE LANDSCAPING WHEREAS, the City Council on March 10, 1997 per Resolution 97 -44 established Improvement Project 1995 -05, Contract 1997 -G, approved plans and specifications, and authorized an advertisement for bids; and WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1995 -05, Contract 1997 -G, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 21st day of May, 1997. Said bids were as follows: Bidder Bid Amount North Metro Landscaping, Inc. $94,395.00 Greenworks $97,740.00 Hoffman and McNamara $97,793.95 Minnesota Valley Landscaping $99,917.20 • WHEREAS, said bid amounts substantially g exceed the Engineer's Estimate; and WHEREAS, the City Engineer has reviewed the bid results and determined that it is in the city's best interest` to reject all bids and re- evaluate said project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. All bids submitted to the City on May 21, 1997 are hereby rejected. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids. Date Mayor ATTEST: City Clerk i RESOLUTION NO. • The motion for the adoption of the foregoing resolution was duly seconded by Council 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. • 5E • MEMORANDUM DATE: May 19, 1997 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Administrative Aide SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees On April 9, 1997 you approved the Acceptance of Quotation for Improvement Project 1997 -13, Contract 1997 -H, 1997 Diseased Tree Removal. During routine spring inspections of the city parks, the tree inspector marked a number of trees and stumps for removal in Central Park —the majority under 8" in diameter. Several other trees were marked on the boulevard of Earle Brown Farm. None of the trees were diseased but rather nuisance trees that require removal under the definition in Section 20 -202, Chapter 19 of the City ordinances. The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 05/27/97 ) WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance: NOW, THEREFOR, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that. 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER • JOHN YOUNG 4101 61ST AVE N 1 CITY OF B.C. CENTRAL PARK 10 CITY OF B.C. CENTRAL PARK 11 CITY OF B.C. CENTRAL PARK 12 CITY OF B.C. CENTRAL PARK 13 CITY OF B.C. CENTRAL PARK 14 CITY OF B.C. CENTRAL PARK 15 CITY OF B.C. EARLE BROWN FARM 16 CITY OF B.C. EARLE BROWN FARM 17 CITY OF B.C. EARLE BROWN FARM 18 CITY OF B.C. EARLE BROWN FARM 19 FRANK & RITA BATHKE 2712 NASH RD 2 CITY OF B.C. EARLE BROWN DRIVE 20 CITY OF B.C. SUMMIT AVE /EARLS BR 21 CITY OF B.C. 6440 HUMBOLDT AVE 22 CITY OF B.C. 6440 HUMBOLDT AVE 23 CITY OF B.C. GARDEN CITY PARK 24 CITY OF BROOKLYN CENTER 6630 COLFAX AVE N 3 CITY OF B.C. CENTRAL PARK 4 CITY OF B.C. CENTRAL PARK 5 CITY OF B.C. CENTRAL PARK 6 CITY OF B.C. CENTRAL PARK 7 CITY OF B.C. CENTRAL PARK 8 CITY OF B.C. CENTRAL PARK 9 • RESOLUTION NO. 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: City Clerk 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. • O PpGUYN CES& BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Kline, Chief of Police DATE: May 20, 1997 SUBJECT: Application for Temporary On -Sale Liquor License St. Alphonsus Church - Silent Auction/Fund Raiser • On May 20, 1997, the Brooklyn Center Police Department received an Application for a Temporary On -Sale Liquor License from St. Alphonsus. This application is for an event to be held at the church located at 7025 Halifax Ave on Saturday, October 11, 1997. Certificate of appropriate insurance coverage along with the $25 fee has been submitted. If you or any member of the City Council objects to issuing this license, please advise. The attached application only needs your signature. Scott Kline Chief of Police SK:kh alpl,297.mem • Ps "" °79-0 1 (8'85` MINNESOTA DEPARTMENT OF PUBLIC SAFETY PHONE 612 -296 -6159 LIQUOR CONTROL DIVISION 333 SIBLEY • ST. PAUL, MN 55101 APPLICATION AND PERMIT °= FOR A 1 to 3 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED NO. OF MEMBERS TAX EXEMPT NUMBER ��L t l� ao y STREET ADDRESS . CI s,� ATE ZIP CODE NAME ERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE 3; 3 -ZrOo ( :561 7(p DATES LIQ L BE SOLD? O 3 DAYS) DOES ORGANIZATION HAVE A CHARTER GENERAL PURP OF GANIZATION � G Yes C3 No ORGA IZATION OFFICER'S NAME ADDRESS iz ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location where license will be used. If an outdoor area, describe. Will the applicant contract for intoxicating liquor services? If so, give the name and address of the Liquor Licensee providing the services, !V� Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage. (Note: Insurance is not mandatory) APPROVAL CITY OF �-o / �e DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID APPROVED LIQUOR CONTROL DIRECTOR SIGNATURE CITY LERK NOTE: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the City Clerk at least 30 days before the event. Memorandum To: Michael J. McCauley, City Manager �J% From: Tom Bublitz, Community Development Specialist r I`0 Date: May 21, 1997 Subject: Resolution Calling for a Public Hearing to Consider Amendment to Year 1995 Projected Use of Funds for the Urban Hennepin County Community Development Block Grant Program In the 1995 Community Development Block Grant (CDBG) program, the City Council allocated $181,657.75 to the Scattered Site Redevelopment Program. Of this 1995 amount, $122,755.65 was expended, leaving a balance of $58,920.06. This $58,920.06 represents the approximate cost of the acquisition and clearance of one scattered site property. With the establishment of the 53rd Avenue Development and Linkage Project, the City focused its redevelopment efforts on the 53rd Avenue Project and away from scattered site redevelopment. The City can reallocate the 1995 unexpended balance to the 53rd Avenue Development and Linkage Project. To accomplish this reallocation, the City Council must hold a public hearing. • _ The resolution included with this memorandum would call for a public hearing to receive public comments on the proposed reallocation of CDBG funds. The following is a summary of the current and proposed allocation of CDBG dollars for the 53rd Avenue Development and Linkage Project: 1996 Allocation $193,971.00 1997 Allocation $180,856.00 1995 Proposed Reallocation $58,920.06 Total $433,747.06 In addition to the resolution, a copy of a public hearing notice is included. If approved by the City Council, the public hearing would be scheduled for the June 23, 1997, City Council meeting. Staff is recommending approval of the resolution. • Notice of Public Hearing • Amendment of Year 1995 Statement of Projected Use of Funds for the Urban Hennepin County Community Development Block Grant NOTICE IS HEREBY GIVEN that Hennepin County and the City of Brooklyn Center will hold a public hearing on June 23, 1997, to consider a proposed amendment to the Year 1995 Statement of Projected Use of Funds for the Urban Hennepin County Community Development Block Grant Program, funded under Title I of the Housing and Community Development Act of 1974, as amended. The proposed amendment is the reprogramming of $58,920.06 from the Scattered Site Redevelopment Project to the 53rd Avenue Development and Linkage Project. Copies of the proposed funding request are available at City Hall for review prior to the hearing. The Urban Hennepin County Citizen Participation Plan is available at the County offices at 10709 Wayzata Blvd., Suite 260, Minnetonka, Minnesota. The hearing is to be held on June 23, 1997, at 7:00 P.M. or as, soon thereafter as the matter may be heard in the City Hall located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The public hearing is being held pursuant to a joint cooperation agreement between Hennepin County and the City of Brooklyn Center pursuant to Minnesota Statutes Section 471.59. Dated: May 27, 1997. Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER AMENDMENT TO YEAR 1995 PROJECTED USE OF FUNDS FOR THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Brooklyn Center established the 53rd Avenue Development and Linkage Project as a Community Development Block Grant (CDBG) project by approving Resolution No. 96 -214; and WHEREAS, the City of Brooklyn Center allocated $181,657.75 to the 1995 Community Development Block Grant scattered site redevelopment program; and WHEREAS, $122,755.69 of the 1995 Brooklyn Center CDBG allocation has been expended,'leaving a balance of $58,920.06; and WHEREAS, the City of Brooklyn Center desires to reallocate $58,9820.06 from the 1995 CDBG scattered site redevelopment project to the 53rd Avenue Development and • Linkage Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to call for a public hearing to amend the Year 1995 of the Urban Hennepin County CDBG program by reallocating $58,920.06 from the 1995 scattered site redevelopment program to the 53rd Avenue Development and Linkage Project; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to publish the attached Notice of Public Hearing in the City's official newspaper. 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. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk / DATE: May 22, 1997 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses and submitted appropriate applications and paid proper fees. Licenses to be approved by the City Council on May 27, 1997: • AMUSEMENT DEVICES - OPERATOR Earle Brown Bowl 6440 James Circle Fuddruckers 5800 Shingle Creek Parkway Lynbrook Bowl 6357 Lilac Drive North AMUSEMENT DEVICES - VENDOR American Amusement Arcades 2100 West 96th Street, Bloomington B & K Music and Sales 133 Spring Valley Circle, Bloomington GARBAGE AND REFUSE COLLECTION VEHICLES Aagard Sanitation 3291 Terminal Drive, Eagan MECHANICAL SYSTEMS C. O. Carlson Air Conditioning Co., Inc. 1203 Bryant Ave. N., Minneapolis Dependable Indoor Air Quality, Inc. 2619 Coon Rapids Blvd., Coon Rapids United Heating and A/C 1295 Hackamore Road, Medina RENTAL DWELLINGS Initial: Orval Hage 1807 70th Ave. N. • Licenses -2- May 22, 1997 is Renewal: James Soderberg Melrose Gates Apts. Lyndon and Carole Carlson 5819 Halifax Ave. N. Amos Levang 4100 Lakebreeze Ave. N. James and Bobbie Simons 4210 Lakebreeze Ave. N. David Theisen 5601 Lyndale Ave. N. Jan Gibson Talbot 6012 Zenith Ave. N. Edward Doll 1201 57th Ave. N. SIGN HANGER Attracta Sign 7420 West Lake Street, St. Louis Park TAXICAB Northstar Taxi 8481 Sumter Circle North, Brooklyn Park Cab Nos. 161, 162, 143, 141, 165, 180, 167, 170 United Cab Services, No. 11 1401 Portland Ave., Minneapolis • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION TO ULYSSESS BOYD FOR HIS DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION WHEREAS, Ulyssess Boyd has served on the Brooklyn Center Charter Commission from May 18, 1989, to April 20, 1997; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Ulyssess Boyd is hereby recognized and appreciated by the City of Brooklyn Center. 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. 7 • MEMO To: Michael J. McCauley, City Manager From: Sue LaCrosse, Program Supervisor Subject: Resolution Declaring Earle Brown Days As A Civic Event Date: May 15, 1997 Please consider the resolution declaring Earle Brown Days As A Civic Event for the next council meeting agenda. If further information is needed, please let me know. Thank you. • • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 22 THROUGH JUNE 29 1997 WHEREAS, the purpose of Earle Brown Days is to promote the City of Brooklyn Center, its people, and amenities; and WHEREAS, residents, the city community civic groups, and businesses participate in the annual civic celebration to demonstrate the vitality of the City of Brooklyn Center; and WHEREAS, in order for Earle Brown Days, Inc. to schedule certain events requiring City- issued administrative land use permits, it is necessary for Earle Brown Days to be declared a civic event. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Earle Brown Days are declared a civic event from June 22, 1997 through June 29, 1997. • 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. - 7 G BROOKLYN CENTER �r KLYN CENr� POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Kline, Chief of Police DATE: May 20, 1997 SUBJECT: Mobile Computing Device (MCD) System Update State of Minnesota Connection Over the past several months LOGIS has awaited the outcome of the Sparks, Nevada and the West Covina (California) Public Safety Department's development efforts to create an external link between the Sparks Police Department and the State of Nevada. The Sparks Police • Department operates the same HP 3000 police Computer Aided Dispatch (CAD) /Records Management System (RMS) as LOGIS, which is used by Brooklyn Center Police Department. In addition, the State of Nevada has the same Law Enforcement Messaging System (LEMS) as the Bureau of Criminal Apprehension (BCA) in Minnesota. The BCA indicated to LOGIS that when the programming and debugging efforts were completed by both Sparks and West Covina, LOGIS would implement this software solution for its interconnection with the State of Minnesota. In a meeting with LOGIS and BCA officials on April 22, 1997, it was discovered that the BCA in Minnesota may not now support this approach. The P rogramming mechanism for the messaging switch, called UNISCOPE, that is used to move messages between the State of Nevada and Sparks Police Department, is not currently an acceptable way of linking to the BCA in Minnesota. At this meeting Mr. Steve Correll and Mr. Bob Johnson of the BCA described what mechanisms (protocols) that would be supported and provided references to firms who have programmed connections to the BCA's systems. This is a fairly recent development resulting from the BCA in Minnesota continuing to customize their LEMS switch and computing environment differently from Nevada's system. This situation represents a major roadblock, which LOGIS is committed to overcome. LOGIS has decided to seek out and hire a firm who has completed police /state interconnections for other Minnesota law enforcement agencies. The cost of the programming is currently estimated between $30,000 and $40,000, or more. While these costs are not budgeted in 1997, LOGIS will • expend the necessary funds to provide the state link to the police system. This is a top priority project. LOGIS will hire a firm to do the programming within the next two weeks. The goal is to have the interconnect working within two to three months. Initial talks with West Covina indicate that they can support this time frame, and would like to get it finished sooner than that, if possible. Memorandum to Michael McCauley Page 2 May 20, 1997 LOGIS is also determining whether it makes sense for the contracted firm to program the connection to the Eagan Mobile Digital Terminal (MDT) system as well. Eagan recently found that they need custom programming to connect their system to the BCA in a different way than they have in the past. This would be undertaken, provided that it will not delay the implementation of the MCD interconnection for Brooklyn Center, Golden Valley, and St. Louis Park. LOGIS Director Mike Garris will provide an update in the next few weeks to member agencies concerning the status of this project. I will continue to keep you informed. SK:pph • Mobile Computing Comparison Differences Between LOGIS and Hennepin County Systems for Brooklyn Center Police Department LOGIS Mobile Computing Device (MCD) System Hennepin County Mobile Digital Terminal (MDT) System Hardware The MCD is a ruggedized notebook computer designed for The MDT is a display terminal (Motorola 9100). Since the public safety (Texlogix 80486DX4 -75 MHz, 20 Mb RAM). unit is not a pc and can only run "firmware ", it is not capable Since the unit is a pc, it has the capability of running of running software such as word processing and mapping . additional software such as word processing and mapping. Computer All calls for service are dispatched to the officer's MCD. Since Brooklyn Center has an independent dispatch center, Aided The officer can see all of the current call information, officers would not have any communication with our CAD Dispatch including the last five calls for service to that location and system using a Hennepin County MDT. (CAD) their disposition. The officer can enroute, arrive, and close Interface themselves from the call on the MCD. The officer can also add up to one line of comments about the call. Officers can also make a change in their status (i.e., LU - Lunch Break, RW - Report Writing, etc.). This change • would be updated on the dispatch center's status monitor. At any time officers can request the current status of all other officers and pending calls for service on their MCD. Records From the MCD, an officer can query the Brooklyn Center Hennepin County MDT's do not have a connection to the Mgmt. police records system. Officers can query by address, Brooklyn Center police records system. System business name, events (case, field inquiry, citation, or arrest (RMS) number), person name, and vehicle plate number. Interface State of Current status of State of Minnesota connection detailed in Officers could run drivers license and vehicle registration Minnesota the memorandum dated 5/20/97 to the city manager. checks on the current county system. Stolen vehicle "hits" Interface would be "flagged" to the Hennepin County dispatch center. Once the software is operational, officers will be able to Hennepin County dispatch would contact Brooklyn Center request drivers license and vehicle registration checks. In dispatch about the "stolen hit ". This process would cause a addition, when the system is searching the state, software delay in our dispatch responding to the officer's situation. will be in place that will search Brooklyn Center police records as well. In the event an officer runs a check on a stolen vehicle, it will immediately notify the officer and Brooklyn Center dispatch center. This is an important software feature for • officer safety. LOGIS Mobile Computing Device (MCD) System Hennepin County Mobile Digital Terminal (MDT) System nepin By law, Hennepin County is required to provide all warrant Warrant checks into Hennepin County warrant system can aunty information to the state. They currently provide felony and be executed on the MDT. When an officer requests a Warrant gross misdemeanor warrant information. They have warrant check, approximately 50% of the time, a call will Interface received an extension on providing misdemeanor warrant still need to be placed from a Hennepin County dispatcher information due to Hennepin County technical and staffing to Hennepin County Warrants to confirm the validity of the problems. Hennepin County's current warrant software was warrant. written in 1964. Hennepin County is in the process of designing new warrant software. Once the new software is completed, and Hennepin County has funds to put the software into place, all levels of warrants will be downloaded to the state. Once the state connection is in place on the MCD system, officers will be able to query Hennepin County felony and gross misdemeanor warrant information. They will not be able to access misdemeanor warrant information. Hennepin County will not support an interface to our MCD system for misdemeanor warrant information. In the interim, we are working on establishing a connection for our dispatchers to have access to the Hennepin County warrant system from our dispatch center by computer. Because of the current Hennepin County warrant software design, approximately 50% of the time, Brooklyn Center dispatchers will have to call Hennepin County Warrants to confirm the validity of the warrant. Hennepin County MDT system operates in the same fashion. Messaging Messaging can be done car to car, car to dispatch, and car to Messaging could be done car to car and car to dispatch. In _work station (i.e., chief, captain, etc.). Messaging also has a order to message to and from dispatch an MDT would have "broadcast" feature. to be installed in the Brooklyn Center dispatch center. Messaging to and from a work station (i.e. chief, captain, etc.) could not be done unless we installed MDT's at work stations in the police department. ' • 7o/ City of Brooklyn Center Agreat place to start. A great place to stay. • MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manager\ DATE: May 22, 1997 SUBJECT: Set Date for Meeting with Brooklyn Community Chamber of Commerce Board of Directors Mayor Kragness has been contacted by the Brooklyn Community Chamber of Commerce suggesting a dinner meeting with the Chamber Board. The Chamber has suggested setting a meeting on June 12 or 26 prior to the regularly scheduled City Council meeting. • 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 • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist Subject: Zoning Ordinance Regulations Regarding Accessory Buildings in the R -1 and R -2 Zoning Districts Date: May 21, 1997 You have requested me to provide background information relating to the upcoming City Council discussion regarding accessory buildings in the R -1 and R -2 zoning districts. There are two areas in the Zoning Ordinance that regulate accessory buildings in the R -1 and, R -2 zoning districts. One area is Subdivision lb 3 of Sections 35 -310 and 35 -311 which allow accessory buildings or carports as permitted accessory uses in these zoning districts provided the ground coverage of any accessory building not exceed 1,000 sq. ft.; no more than two • accessory structures are permitted on one residential premises; and that the total ground coverage of an accessory building or buildings not exceed the ground coverage of the dwelling building on the premises. The other area of the Zoning Ordinance is Section 35 -530 regarding buildings in the R -1 and R -2 districts which requires accessory buildings to be separated from principal buildings or other accessory buildings by at least six feet; prohibits accessory buildings within the side yard adjacent to the street of a comer lot; limits accessory buildings to no more than 15 ft. in height; prohibits accessory buildings as well as some other structures from being used as a residence or dwelling. These regulations have come under discussion during the last two City Council meetings. The first time was at the April 28, 1997 City Council meeting in conjunction with a variance request under Planning Commission Application No. 97005 submitted by Mr. Timothy Thompson, 5945 Camden Avenue North. His variance request was to allow an addition to an existing detached garage that would result in a single accessory building that would exceed both the 1,000 sq. ft. maximum size limitation of a single accessory building and which would also result in an accessory building exceeding the ground coverage of the principal building. The other time was at the May 12, 1997 City Council meeting during discussion of an ordinance amendment to Section 35 -530 that would prohibit accessory buildings to be provided with sanitary sewer facilities. These two items have also been the source of discussion at two Planning Commission meetings as well. • • Michael J. McCauley Page 2 May 21, 1997 The City Council on April 28, 1997, after denying Mr. Thompson's variance request on the grounds that the standards for variance were not met, deadlocked two in favor, two against, to request the Planning Commission to study the regulations relating to accessory buildings with the idea of allowing larger accessory buildings that might address the questions raised by Mr. Thompson's proposal. On May 12, 1997 during the City Council's discussion of an ordinance amendment which would prohibit sanitary sewer facilities in accessory buildings, Planning Commission member Rex Newman addressed the City Council and requested that they reconsider giving direction to studying the accessory building provisions in order to allow larger accessory buildings under certain circumstances. Commission member Newman was the only Planning Commission member favoring granting Mr. Thompson's variance request. It should be noted that the Planning Commission on April 28, 1997 discussed the possibility of making a recommendation to amend the Zoning Ordinance and accommodate Mr. Thompson's • request and allow accessory buildings to exceed 1,000 sq. ft. in area, but chose not to make such a recommendation to the City Council. The City Council should review and discuss the ordinance provisions as well as the implications of changing these provisions. If they believe it is appropriate to consider changes, then specific direction should be given to the Planning Commission as to what provisions should be considered for change. Again, the Commission as a whole did not opt to recommend changes to the existing regulations. The Commission seemed to think that 1,000 sq. ft. accessory buildings were large enough and that accessory buildings should not exceed the ground coverage of the principal building on the lot. Attached for your review is a copy of Section 35 -310, Subdivision lb 3 and Section 35 -530 of the Zoning Ordinance. Also attached for your review is the Planning Commission Information Sheet and minutes relating to Planning Commission Application No. 97005 and the Planning Commission minutes from May 1, 1997 relating to its' review and recommendation regarding an ordinance amendment to Section 35 -530 of the Zoning Ordinance relating to buildings in the R -1 and R -2 districts. Section 35-310. R1 ONE FAMILY RESIDENCE DISTRICT. • 1. Permitted Uses a. One family dwellings. b. Accessory uses incidental to the foregoing principal uses or to the following special uses when located on the same property with the use to which it is accessory, but not including any business or industrial accessory uses. Such accessory uses to include but not be restricted to the following: 1. Offstreet parking and offstreet loading. 2. Renting of not more than two indoor parking spaces. 3. Accessory buildings or carports, either detached or attached to the dwelling building, subject to the following limitations: aa. The ground coverage of any single accessory building shall be no greater than 1,000 square feet. bb. No more than two accessory structures shall be permitted on any one residential premises. cc. The total around coverage of the accessory building or buildings shall not exceed the ground coverage of the dwelling building. 4. Public recreational structures in parks, playgrounds and athletic fields. 5. Playground equipment and installations, including private swimming pools and tennis courts. 6. Home occupations not to occupations ncludes special home as defined in Section p P 35-900. 7. Signs as permitted by the Brooklyn Center Sign Ordinance. S. A temporary real estate tract office for the purpose of selling lots on the tract upon which it is located. 9. The renting of not more than two sleeping rooms by a resident family, provided adequate offstreet parking is provided. • 35 -16 Section 35 -520. FRONTAGE ON A PUBLIC RIGHT -OF -WAY. Every parcel proposed for • some use permitted by the terms of this ordinance shall abut a public right -of -way, provided that where unusual circumstances prevail, the City Council may waive this requirement in favor of a reasonable alternative. If a parcel does not abut a public right -of -way, the applicant may cause an appropriate right -of- way to be dedicated to the municipality provided that any such dedication must conform to the official street layout plan, or in the event the official plan does not comprehend such an appropriate right -of- way, the dedication shall conform to a street layout plan meeting the requirements of Section 15 -106 of these ordinances, approved by the Director of Public Works and adopted by the City Council. Section 35 -530. BUILDINGS IN R1 AND R2 DISTRICTS. In R1 and R2 districts every building hereafter erected or structurally altered shall be located on a lot, and in no case shall there be more than one principal building on one lot. The term "principal building" shall be given its common, ordinary meaning; in case of doubt, or on any question of interpretation, the decision shall rest with the zoning official 1. No accessory building, unless an integral part of the principal building, shall be erected, altered,' or moved, within six feet of the principal building, as measured from exterior wall to exterior wall. No accessory building shall be erected, altered, or moved within six feet of another accessory building, as measured from exterior wall to exterior wall. s 2. Accessory buildings may not be erected within the side yard adjacent to the street of a corner lot. 3. No accessory building shall exceed 15 feet in height. 4. No basement, cellar, garage, tent, or accessory building shall at any time be used as a residence or dwelling, temporarily or permanently. 5. All dwellings shall be on permanent foundations which comply with the State Building Code and which are solid for the complete circumference of the dwelling, except that accessory uses such as screened or enclosed porches, canopies, decks, balconies, stairs, etc., may be placed on a noncontinuous permanent foundation as approved by the Building Official. 6. The width and the depth of the main portion of any dwelling built after July 23, 1983, shall be no less than 18'. Section 35 -540. COMBINATION OF LAND PARCELS. Multiple parcels of land which are contiguous and adjacent and which are proposed to serve a single development use and which are under common ownership shall be combined into a single parcel through platting or registered land survey. 35 -67 Planning Commission Information Sheet . Application No. 97005 Applicant: Timothy Thompson Location: 5945 Camden Avenue North Request: Variance The applicant is requesting a variance from Section 35 -310, Subdivision lb 3 of the Zoning Ordinance to allow the construction of a 20 ft. by 30 ft. addition to an existing detached garage which would create an accessory building exceeding 1,000 sq. ft. and which would also exceed the ground coverage of the principal building on that lot. The property in question is located in an R -1 zoning district and is surrounded by other single family homes. The above cited section of the Zoning Ordinance allows detached or attached accessory buildings and carports provided the ground coverage of any single accessory building shall not exceed 1,000 sq. ft.; that no more than two accessory structures are permitted on any one residential premise; and that the total -round coverage of the accessory building or buildings shall not exceed the ground coverage of the dwelling building. The applicant has submitted a letter and various drawings showing his proposal. His existing house has ground coverage of 1,261 sq. ft., while his existing detached garage is 720 sq. ft. As the applicant's letter points out, he would like to add 600 sq. ft. (20 ft. by 30 ft.) to his existing garage in order to house four vehicles that he wishes to keep inside at all times. • The Zoning Ordinance allows the Planning Commission, sitting as a Board of Adjustments and Appeals, to recommend and the City Council approve variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. The provisions of the ordinance, considered in conjunction with the unique and distinctive circumstances affecting the property, must be the proximate cause of the hardship. Circumstances caused by the property owner or his/her predecessor in title shall not constitute sufficient justification to grant a variance. A variance may be granted by the City Council after demonstration by evidence that all of the Standards for Variances, contained in thte Zoning Ordinances, are met. These standards include the following: a. Because of the particular physical surroundings, shape or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. b. The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification. • 4 -17 -97 Page 1 • c. The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. I d. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. i It should be noted that the economics of a situation alone have not been considered to be a hardship under the meaning of standard `a' above. I The applicant's letter addresses how he believes his request meets the Standards for Variance. As indicated previously, he desires the variance in order to house four vehicles within an accessory building. He notes that the positioning of his present garage is not conducive to adding a third and fourth stall to the north side of the building. Also, the character of the houses and lot sizes in this particular area are oversized and his proposal would not be out of place if allowed. The provisions of the ordinance would not allow him to add a 30 ft. by 20 ft. addition to create a tandem style garage and would require him, therefore, to build a second detached structure behind his existing garage to be accessed by driving through the existing garage. He also notes that he believes the tandem style garage will minimize site line impacts on Camden Avenue and that surrounding neighbors will not notice a significant change in the mass of the building given his proposal. In summary, the applicant states that he believes that it is reasonable to grant the two variances he requests in that they are consistent with the spirit of the zoning code; they avoid an operational and functional obsolescence that would be created by the strict adherence to the ordinance in achieving shelter for the four cars; do not negatively impact the value, enjoyment or safety of the adjacent property; and they have little to no negative impact on the aesthetics of the site lines of the property and its improvements. A review of the variance proposal and the Standards for Variance leads the staff to believe and recommend that no ordinance related hardship has been shown. The idea of having one or two accessory buildings that would exceed the ground coverage of the home seems definitely to be contrary to the concept of principal and accessory buildings. The City's ordinances have long held that an accessory building or buildings should not be larger than the principal structure. In fact, prior to the adoption of the current provisions, accessory buildings were limited to being no more than 75 percent of the ground coverage of the principal building. The City's ordinances also do not even require that properties have an accessory structure or garage. The applicants situation is not unique. It is not uncommon for persons requesting additional garage space to construct two accessory buildings situated in such a way that additional overhead doors have to be constructed to access the second building. To be required to put up a second building as the applicant's drawing shows, in order to get additional space, is not uncommon nor 4 -17 -97 Page 2 • is it a hardship in the sense that the zoning ordinance refers. It is, rather, an inconvenience. As mentioned previously, the additional cost to comply with the ordinance provisions does not by itself constitute hardship. As noted, the applicant's situation is not necessarily unique to his parcel of land. Others have desired to have more accessory building space than their principal building, or to have a garage larger than 1,000 sq. ft. in area but have found ways to accommodate their needs and desires in a manner consistent with the provisions of the ordinance. To grant a variance in this situation, would basically mean that similar requests for more accessory space than principal building ground coverage should also be granted. If the Commission is sympathetic to the applicant's case, an ordinance amendment, rather than a variance, should be pursued in order to allow equal application of the ordinance on a city -wide basis. The current accessory building provisions (Section 35 -310, Subdivision lb 3) were adopted in 1981. They were adopted after denying a variance request to allow the construction of a garage that would exceed 75 percent of the ground coverage of the principal building on a particular site. In that particular case, the applicant was requesting to build a 24 ft. by 26 ft. garage that would be the same size as her 24 ft. by 26 ft. house. The Planning Commission at that time reviewed the provisions and determined that it was essential that no one accessory building, or combination of accessory buildings, should exceed the ground coverage of the principal building. They believed that two accessory buildings per lot was enough and that a single accessory building of 1,000 sq. ft. was large enough because the building code limited accessory buildings on floating slabs at that time to 1,000 sq. ft. The building code has since been amended to allow accessory buildings to be larger than 1,000 sq. ft. provided they meet certain other requirements of the building code. The Commission may wish to discuss further the possibility of an ordinance amendment which might affect the applicant's proposal in part at least. Again, we do not recommend a variance or an ordinance amendment that would allow an accessory build to exceed the ground coverage of the principal building. We have some reservations about large accessory buildings being a temptation to be used for other purposes such as non - permitted home businesses or attempting to convert them to habitable space and having accessory living arrangements in them. Other provisions in the ordinance limit accessory buildings to 15 ft. in height. We do not propose to change these either. Again, the Planning Commission may wish to discuss these matters and possibly recommend changes to the ordinance if they believe they are appropriate. With respect to the applicant's request for a variance, we recommend that it not be granted on the grounds that the Standards for Variances, particularly standard `a' regarding hardship and standard `b' regarding uniqueness, are not met. A public hearing has been scheduled and notices to surrounding property owners have been sent. • 4 -17 -97 Page 3 13. A Proof of Parking Agreement acknowledging the need to install up to 36 parking spaces on the site upon determination of the City shall be executed and filed with the • title to the property prior to the issuance of building permits for this project. 14. All drainage shall be retained and handled on the site. Voting for: Chair Willson, Commissioners Boeck, Newman, Reem, and Walker. The motion passed unanimously. The Council will consider the recommendation at its Monday, April 28, 1997 meeting. The applicant must be present. Chair Willson recessed the meeting at 8:56 p.m. and reconvened the meeting at 9:00 p.m. APPLICATION NO. 97005 (TIMOTHY THOMPSON) Chair Willson introduced Application No. 97005, a variance request to allow an addition to a detached garage at 5945 Camden Avenue North resulting in an accessory building that exceeds both the 1,000 square feet maximum size of a single accessory building and also the ground coverage of a principal building. Mr. Warren presented the staff report using overhead transparencies to show the location and site and building plans for the new proposal. (See Planning Commission Application Information Sheet for Application No. 97005 dated 4 -17 -97 attached.) ® Mr. Warren explained the above cited section on of the Zoning Ordinance allows detached or attached accessory buildings and carports provided the ground coverage of any single accessory building shall not exceed 1,000 square feet; that no more than two accessory structures are permitted on any one residential premise; and that the total ground coverage of the accessory building or buildings shall not exceed the ground coverage of the dwelling building. The applicant's existing house has a ground coverage of 1,261 square feet, while his existing detached garage is 720 square feet. He would like to add 600 square feet to his existing garage in order to house four vehicles that he wishes to keep inside at all times. There is an optional plan which would conform to the ordinance in which the applicant would build a 528 square feet accessory building to the west of the existing garage. This would require a second garage door on the first accessory building to allow access to the second accessory building. Mr. Warren advised that the applicant states he believes that it is reasonable to grant the two variances in that they are consistent with the spirit of the zoning code; they avoid an operational and functional obsolescence that would be created by strict adherence to the ordinance in achieving shelter for the four cars; do not negatively impact the value, enjoyment or safety of the adjacent property; and they have little to no negative impact on the aesthetics of the site lines of the property and its improvements. 4 -17 -97 Page 6 Mr. Warren stated staff believes and is recommending that no ordinance related hardship exists. Granting the variance would be contrary to the concept of principal and accessory buildings. The • City's ordinances have long held that an accessory building or buildings should not be larger than the principal structure. The applicant's situation is not unique. Mr. Warren advised that if the Commission is sympathetic to the applicant's case, an ordinance amendment rather than a variance, should be pursued. The current accessory building provisions were adopted in 1981. They were adopted as the Planning Commission believed that two accessory buildings per lot were enough and that a single accessory building of 1,000 square feet was large enough because the building code limited accessory buildings on floating slabs at that time to 1,000 square feet. The building code has since been amended to allow accessory buildings to be larger than 1,000 square feet provided they meet certain other requirements of the building code. Mr. Warren stated staff does not recommend a variance or an ordinance amendment that would allow an accessory building to exceed the ground coverage of the principal building. With respect to the applicant's request for a variance, staff recommends that it not be granted on the grounds that Standards for Variances, particularly standard 'a' regarding hardship and standard 'b' regarding uniqueness, are not met. PUBLIC HEARING (APPLICATION NO 97005) There was a motion by Commissioner Newman, seconded by Commissioner Boeck to open the public hearing at 9:22 p.m. The motion passed unanimously. • Mr. Timothy Thompson, 5945 Camden Avenue, stated he did not desire to construct a second accessory building as he felt the addition to the existing garage would keep the buildings in line and was more appealing to his neighbors. He noted the four neighbors abutting his property were in favor of the first proposal. Chair Willson asked if a stipulation could be attached to approval that this building be for no other use than housing four vehicles. Mr. Warren stated this was not possible. He stated however, that the typical definition of an accessory building includes storage of equipment and vehicles. He noted it was not allowable under the ordinance to utilize an accessory building as habitable space. Commissioner Boeck expressed concern that if the City continued to allow larger accessory buildings, they would be used as habitable space. He felt the ordinance should remain as is. If Mr. Thompson would like to build the second accessory building, he was in approval. He stated he would vote to deny the request for variance. Commissioner Walker stated he was concerned that granting this variance would set a precedent which could affect the quality of life in Brooklyn Center. He felt the ordinance should remain as is and the variance should be denied. i 4 -17 -97 Page 7 Mr. Thompson stated he would be using the accessory space for the storage of his boat, truck, car, snowmobile trailer and lawn equipment. • Commissioner Newman stated he felt there was some case that the property was unique with regard to the lot being long and narrow and the power line which would require that two accessory buildings would have to be located further apart. He stated he did not want to change the ordinance but felt this variance would be appropriate. He noted the City Council is looking for diversity in housing stock and this proposal would provide diversity. He stated he felt this was an aesthetically good proposal, would not set a precedent and that he would vote in favor of the variance. CLOSE PUBLIC HEARING (APPLICATION NO 97005 There was a motion by Commissioner Boeck, seconded by Commissioner Walker to close the public hearing at 9:50 p.m. The motion carried unanimously. ACTION RECOMMENDING DENIAL OF APPLICATION NO. 97005 There was a motion by Commissioner Boeck, seconded by Commissioner Walker, to recommend to the Council that it deny Application No. 97005, a request submitted by Timothy Thompson, 5945 Camden Avenue, for a variance request to allow an addition to a detached garage that exceeds both the 1,000 square feet maximum size of a single accessory building and also the ground coverage of a principal building as the Standards for Variance, particularly standard `a' regarding hardship and standard `b' regarding uniqueness, are not met. Voting for: Chair Willson, Commissioners Boeck, Reem, and Walker. Commissioner Newman • voted against. The motion passed. The Council will consider the recommendation at its Monday, April 28, 1997 meeting. The applicant must be present. APPLICATION NO. 97004 (LINE DRIVE BATTING CAGES) Mr. Warren informed the Commissioners that the applicant requested that Application No. 97004 be withdrawn. There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to acknowledge the withdrawal of Application No. 97004, Line Drive Batting Cages, as requested by the applicant. Voting for: Chair Willson, Commissioners Boeck, Newman, Reem, and Walker. The motion passed unanimously. DISCUSSION ITEMS MODIFICATIONS TO TAX INCREMENT DISTRICT NO 3 Mr. Warren noted the City Council has established April 28, 1997, as the public hearing to consider two modifications to the Tax Increment Financing District No. 3. 4 -17 -97 Page 8 agreement and building permit. The staff recommends approval of the ordinance amendment for • Council consideration and final approval. The Commissioners considered the draft ordinance. Discussion points included clarification regarding height of antenna and towers, advertising, accessory uses, and provision for removal upon abandonment of such facilities. Mr. Warren responded t Commissioners' o uestions. It was P q acknowledged that the federal Telecommunications Act of 1996 mandates that local governments facilitate requests for construction of such equipment within their jurisdictions. Following discussion, the Commissioners did not interpose objections to the draft ordinance as presented. ACTION RECOMMENDING APPROVAL OF ORDINANCE There was a motion by Commissioner Boeck, seconded by Commissioner Walker, to recommend to the Council that it approve an Ordinance Amending Chapter 35 of the City Ordinances regarding Telecommunications Towers and Telecommunications Facilities, as drafted by the Secretary. Voting for: Chair Willson, Commissioners Boeck, Booth, Reem, and Walker. The motion passed unanimously. The Council will consider the recommendation at its Monday, May 12, 1997 meeting. REVIEW DRAFT ORDINANCE AMENDING CHAPTER 35 REGARDING BUILDINGS IN R -1 AND R -2 DISTRICTS Chair Willson introduced the proposed amendment regarding buildings in R -1 and R -2 districts. Mr. Warren referred to the Commission's April 17 discussion regarding the city's policy to not allow sewer hook -ups to an accessory building in the R1 and R2 (residential) districts. He pointed out that the City's long - standing policy, administered by the building official, to prohibit such sewer connections is defensible. However, in response to the Commission's request that such ban be included in city ordinances, the proposed amendment amends chapter 35 by adding a new provision in section 35 -530: " No accessory building shall be provided with Sanitary sewer facilities The amendment includes renumbering the existing provisions in the section. The staff recommends approval of the ordinance amendment for Council consideration and final approval. The Commissioners considered the amendment. Other provisions of the ordinance were discussed. The secretary responded to questions and explained the relevancy of the new language within the ordinance. Commissioner Newman suggested that modification of the allowable size of accessory buildings may be appropriate for future discussion. Following discussion, the Commissioners interposed no objections to the proposed ordinance amendment. ACTION RECOMMENDING APPROVAL OF ORDINANCE 5 -1 -97 2 There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to recommend to • the Council that it approve an Ordinance Amending Chapter 35 of the City Ordinances Regarding Buildings in R1 and R2 Districts, as drafted by the Secretary. Voting for: Chair Willson, Commissioners Boeck, Newman, Reem, and Walker. The motion passed unanimously. The Council will consider the recommendation at its Monday, May 12, 1997 meeting. 50'S GRILL Mr. Warren used a transparency to show the location of a small addition planned by the owner of the 50's Grill, 5524 Brooklyn Boulevard, to increase the size of a previous expansion of the restaurant's cooler facility. He explained that although the new construction will eliminate one parking space for the restaurant, the proposal adequately meets requirements for granting a building permit. He stated that the permit will provide that at the City's discretionary request, a parking space be constructed on the north east corner of the property to meet the minimum parking requirements. Following discussion, the Commissioners unanimously supported the recommended staff action as described by Mr. Warren to allow the 50's Grill to expand it's cooler size and meet the required parking on the property, rather than require the owner to remove a seating space from the restaurant business and agreed that a building permit could be issued without the submission of a site and building plan application for this minor addition. • OTHER BUSINESS Mr. Warren responded to questions regarding the Rainbow /Walgreen development at 63rd and Brooklyn Boulevard. The Comprehensive Plan Update Task Force meets on Monday, May 5, 1997, at 7 p.m. in the Council Chambers. The next meeting of the Planning Commission will be Thursday, May 15, 1997. Chair Willson informed the Secretary and the Commissioners that he will be absent from the May 15 Commission meeting. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Walker, to adjourn the Planning Commission study session. The motion passed unanimously. The meeting adjourned at 8:35 p.m. Chair Recorded and transcribed by: Arlene Bergfalk • TimeSaver Off Site Secretarial 5 -1 -97 3 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23rd day of June , 1997, at 7 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider amending Chapter 35 of the City ordinances regarding buildings in R1 and R2 districts. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING BUILDINGS IN RI AND R2 DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is amended in the following manner: Section 35 -530. BUILDINGS IN R1 AND R2 DISTRICTS. In RI and R2 .• districts every building hereafter erected or structurally altered shall be located on a lot, and in no case shall there be more than one principal building on one lot. The term "principal building" shall be given its common, ordinary meaning; in case of doubt, or on any question of interpretation, the decision shall rest with the zoning official. 1. No accessory building, unless an integral part of the principal building, shall be erected, altered, or moved, within six feet of the principal building, as measured from exterior wall to exterior wall. No accessory building shall be erected, altered, or moved within six feet of another accessory building, as measured from exterior wall to exterior wall. 2. Accessory buildings may not be erected within the side yard adjacent to the street of a corner lot. 3. No accessory building shall exceed 15 feet in height. 4. No accessory building shall be provided with sanitary sewer facilities. 4 5. No basement, cellar, garage, tent, or accessory building shall at any time be used as a residence or dwelling, temporarily or permanently. 1 • ORDINANCE NO. 3 6. All dwellings shall be on permanent foundations which comply with the State Building Code and which are solid for the complete circumference of the dwelling, except that accessory used such as screened or enclosed porches, canopies, decks, balconies, stairs, etc., may be placed on a noncontinuous permanent foundation as approved by the Building Official. 6 7. The width and the depth of the main portion of any dwelling built after July 23, 1983, shall be no less than 18'. Section 3. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of , 1997. • Mayor ATTEST: Clerk Date of Publication Effective Date (Strikeout indicate matter to be deleted, underline indicates new matter.) • 2 470 Pillsbury Center - 7 F -'00 South Sixth Sucet Minneapolis NIN 55402 (012) 337 -9300 telephone (612) 33- -9310 Eve e-mail: atn•sCkennedv- grawn.com CHARTERED CHARLPS L. LF.NFVF,RF. Attomey at Law Direct Dial (612) 337 -9215 May 12, 1997 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 RE: Regulation of Secondhand Goods Dealers Dear Michael: You have asked for an overview of the regulations imposed on the operation of secondhand goods dealers such as the Tried and True Tools secondhand tool business which is proposing to relocate to Brooklyn Center. It does not appear that any of the exceptions in the ordinance regulating pawnshops and secondhand goods dealers would apply to the proposed business. Therefore, most of the regulatory provisions of the ordinance applicable to pawnshops would also apply to secondhand goods dealers. These include the a ment of a fee specified ) O bond; p y p ed by Council resolution; provision of a 9�S,Ot P submission of an application and site plan; a background investigation; a public hearing; the maintenance of detailed records of transactions including a photographic record of the seller, a photo ID, and the transaction report; daily reports of specified transactions to the police department; a 12 -day holding period; and a limitation on the hours and days of operation. The owner of Tried and True Tools has requested that his business be exempted from the ordinance or that certain provisions applicable to pawnshops be relaxed in the case of secondhand goods dealers. The State of Minnesota distinguishes between pawnshops and secondhand goods dealers. Pawnshops are subject to a number of regulations set forth in Minnesota Statutes Chapter 235J. However, this law is directed toward protecting persons borrowing money from the pawnshop rather than to protecting the public from a business which may be used for receiving stolen goods. A separate provision of state law authorizes counties and cities to license secondhand goods dealers. See Minn. Stat. §471.924 et secs 'L,.1 I Mr. Mike McCauley • May 12, 1997 Page 2 The Brooklyn Center City Code provisions relating to pawnshops and secondhand goods dealers appear to be directed primarily to issues relating to the receipt of stolen goods. That is, the purpose of the ordinance is to protect the public at large from the effect of a business that may be involved in receiving stolen goods rather than to protect the persons involved in the transaction. Therefore, in deciding whether to treat secondhand goods dealers differently from pawnshops, it seems to me that the Council should consider o der whether there is something about secondhand goods dealers that rritakes sued vusinesscs less iikcly to iii; involvedl i�l receiving stliletl goo's than pawnshops. Chief Kline has informed me that tools are frequent targets of theft, often from garages. He cited a recent theft of approximately $25,000 worth of tools from the motel construction site near TGI Fridays. As evidence of the need for regulation of pawnshops, some of the stolen tools have recently been recovered from a pawnshop in Blaine. 1 am aware of no reason why a thief would be less likely to sell stolen goods at a secondhand tool dealer than a pawnshop. If the Council is interested in pursuing the request of the owner of Tried and True Tools, 1 would recommend that the Police Department be consulted on the question of whether secondhand • goods dealers are less likely to receive stolen goods than pawnshops. If you have any further questions, please give me a call. Very truly yours, Charles L. LeFevere CLL:lh • PAWNBROKERS AND SECONDHAND DEALERS • Section 23 -601. DEFINITIONS. For the purpose of Sections 23 -601 through 23- 633, the terms defined in this section have the meanings given them. 1. Pawnbroker means a person who loans money on deposit or pledge of personal property, or other valuable thing, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part so mortgaged. 2. Secondhand Goods Dealer means a person whose regular business includes selling or receiving tangible personal property (excluding motor vehicles) previously used, rented, owned or leased. Section 23 -602. EXEMPTIONS. Sections 23 -601 through 23 -633 shall not apply to or include the following. 1. The sale of secondhand goods where all the following are present. a. The sale is held on property occupied as a dwelling by the seller or owned, rented or leased by a charitable or political organization; b. The items offered for sale are owned by the occupant; C. That no sale exceeds a sale of 72 consecutive hours; • d. That no more than four (4) sales are held in any 12 -month period; e. That none of the items offered for sale shall have been purchased for resale or received on consignment for the purpose of resale. 2. The sale of goods at an auction held by an auctioneer. 3. The business of buying or selling only those secondhand goods taken as part or full payment for new goods and where such business is incident to and not the primary business of a person. 4. A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or goods sold at open sale from bankrupt stock. 5. Goods sold at an exhibition, providing the exhibition does not last longer than ten days in any twelve month period. 6. Sales by a licensed automobile dealer. 7. Firearms, including antique firearms, sold by firearms dealers holding current valid federal firearms dealer licenses permitting them to deal in such sales. • 8. Sales made by the sheriff or other public officials in the discharge of their official duties. 23 -602 9. Sales made by assignees or receivers appointed in this state to make sales • for the benefit of creditors. Section 23 -603. LICENSE REQUIRED. No person may engage in the business of a secondhand goods dealer or pawnbroker without first having obtained a license. Subdivision 1. Separate Licenses Required: A pawnbroker may not conduct, operate or engage in the business of secondhand goods dealer without having obtained a secondhand goods dealer license in addition to a pawnbroker license. A secondhand goods dealer may not conduct, operate or engage in the business of a pawnbroker without having obtained a pawnbroker license in addition to a secondhand goods dealer license. Section 23 -604. MULTIPLE DEALERS. The owners of a business, at which two or more secondhand goods dealers are engaged in business by maintaining separate sales and identifying themselves to the public as individual dealers, may obtain a multiple secondhand goods dealer license for that location. A multiple license may not be issued unless the following requirements are met: 1. The business must have a single name and address; 2. The business must operate in a compact and contiguous space as specified in the license; 3. The business must be under the unified control and supervision of the one person who holds the license; 4. Sales must be consummated at a central point of register operated by the owner of the business, and the owner must maintain a comprehensive account of all sales. Subdivision 1. Compliance: The holder of a secondhand goods dealer license under this section for a business with more than one dealer at the same location must comply with all of the requirements of this section, including the responsibility for police reporting and record keeping in the same manner as any other dealer licensed under this section. A dealer licensed under this section is responsible to its customers for stolen or misrepresented goods sold at its place of business in the same manner as any other dealer licensed under this section. Section 23 -605. LICENSE FEE. Subdivision 1. Pawnbroker: The annual fee for a pawnbroker shall be set by the city council by resolution. Subdivision 2. Secondhand Goods Dealer: The annual license fee for a secondhand goods dealer, not a pawnbroker, shall be set by the council by resolution. Subdivision 3. Multiple Sales: The annual license fee for a secondhand • goods dealer for a location where more than one secondhand goods dealer is engaged in business shall be set by the council. 23 -605 • Subdivision 4. In addition to the annual fee, the City Council may establish, by resolution, an investigation fee to be paid upon initial application and upon any change in ownership. Change in ownership shall include, in the case of a partnership, a change in identity of any partner and in the case of a corporation, a change in ownership of more than five percent of shares. Section 23 -606. APPLICATION. Subdivision 1. Contents: A license applicant must complete an application form provided by the chief of police. The application must be in a form and request information of the applicant as determined by the chief of police. Subdivision 2. Execution: If the applicant is a natural person, the application must be signed and sworn by the person; if a corporation, by an agent authorized to sign; if a partnership, by a partner. Subdivision 3. Fees: The application must be accompanied by the required license fee and the established fee for investigation. The annual license fee, but not the investigation fee, will be returned to the applicant if the application is rejected or denied. Subdivision 4. False Statements: It is unlawful to knowingly make a g false statement in the license application. In addition to all other penalties, the license may be subsequently revoked by the city council for violation of this section. Section 23 -607. BOND. A pawnbroker or secondhand goods dealer license will not be issued unless the applicant files with the city clerk a bond with corporate surety, cash, or a United States government bond in the amount of $5,000 for a pawnbroker license or $5,000 for a secondhand goods dealer license. The bond must be conditioned on the licensee obeying the laws and ordinances governing the licensed business and paying all fees, taxes, penalties and other charges associated with the business. The bond must provide that it is forfeited to the city upon violation of law or ordinance. Section 23 -608. SITE PLAN. Subdivision 1. The application for a pawnbroker or secondhand goods dealer license must be accompanied by a site plan drawn to scale. The site plan must contain: a. A legal description of the property upon which the proposed license premises is situated. b. A survey. c. The exact location of the license premise on the property, customer and employee parking areas, access onto the property, and entrances into the premises. 23 -608 d. The location of and distance from the nearest church, school, • hospital and residence. e. A floor plan of the license premises. Section 23 -609. INVESTIGATIONS. Subdivision 1. Conduct: The city, prior to granting of an initial or renewed pawnbroker or secondhand goods dealer license, must conduct a background and financial investigation of the applicant. Any person having a beneficial interest in the license must be investigated. The chief of police shall cause to be made such investigation of the information requested in this ordinance and shall make a written recommendation and report to the city council. The chief of police must verify the facts stated in the application and must report all convicted violations of state, federal or municipal law involving the applicant, interested persons, or the unlicensed premises while under the applicant's proprietorship. Subdivision 2. At the time of each original application for a license, the applicant shall pay in full an investigation fee, in an amount set by city council resolution. All investigation fees are nonrefundable. Subdivision 3. At any time that an additional investigation is required because of a license renewal, a change in ownership or control of the licensee or because of an enlargement, alteration, or extension of • premises previously licensed, the licensee shall pay an investigation fee in an amount set by city council resolution. All investigation are nonrefundable. The investigation fee shall accompany the application. Section 23 -610. PUBLIC HEARING. A pawnbroker or secondhand goods dealer license will not be issued without a public hearing. Any person having an interest in or who will be affected by the proposed license will be permitted to testify at the hearing. The public hearing must be preceded by a 10 -day published notice specifying the location of the proposed licensed business premises. Section 23 -611. GRANTING OF THE LICENSE. After review of the license application, investigation report and public hearing, the city council may grant or refuse, for one or more of the reasons set forth in Section 23 -627, the application for a new or renewed pawnbroker or secondhand goods dealer license. A license will not be effective unless the application fee and bond have been filed with the chief of police. Section 23 -612. PERSONS INELIGIBLE FOR LICENSE. Subdivision 1. A pawnbroker or secondhand goods dealer license will not be issued to: a. A person who is not a citizen of the United States or a resident alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information; is 23 -612 b. A person under 18 years of age; • C. Subject to the provision of law, a person has been convicted of any state or federal law relating to receiving stolen property, sale of stolen property or controlled substance, burglary, robbery, theft, damage or trespass to property, operation of a business, or any law or ordinance regulating the business of pawnbrokers or secondhand goods dealers; d. A person who within five (5) years of the license application date had a pawnbroker or secondhand goods dealer license revoked; e. A person who the city council determines not to be of sufficient good moral character or repute; f. If the city council determines, after investigation and public hearing, that the issuance of or the renewal of the license would adversely affect public health, safety or welfare. Section 23 -613. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the city or the State of Minnesota on the licensee's business premise are delinquent and unpaid; • b. If the premise is located within 300 feet of a school or church; C. Where operation of a licensed premise would violate zoning ordinances or; d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed. Section 23 -614. LICENSE LIMITATIONS. A license will be issued to the applicant only and only for the business premises as described in the application. The license is effective only for the premise specified in the approved license application. Section 23 -615. TERMS; EXPIRATION; PRO RATA FEE. The license is issued for a period of one (1) year beginning on January 1 except that if the application is made during the license year, a license may be issued for the remainder of the license year for a monthly pro rata fee. The unexpired fraction of a month will be counted as a complete month. The license expires on December 31. Section 23 -616. LICENSE REFUND. The city council may, in its judgement, refund a pro rata share of the license to the licensee or the licensee's estate if: • a. The business ceases to operate because of destruction or damage; b. The licensee dies; C. The business ceases to be lawful for a reason other than license revocation; d. The licensee ceases to carry the licensed business under the license. Section 23 -617. DEATH OF A LICENSEE. In the case of the death of a licensee, the personal representative of the licensee may continue operation of the business for not more than 90 days after the licensee's death. Section 23 -618. RECORDS. A licensed secondhand goods dealer and pawnbroker, at the time of receipt of an item, must immediately record, in ink or other indelible medium, in the English language, in a book or word processing unit, the following information: a. An accurate description of the item including, but not limited to, any trademark, identification number, serial number, model number, brand name and /or other identifying mark(s) on such item; b. The purchase price; • C. Date, time and place of receipt; d. Name, address, phone number and date of birth of the person from. whom the item was received; e. The identification number from any of the following forms of identification of the seller; (1) Valid picture driver's license; (2) Official state photo identification, passport or military I. D. f. The books, as well as the goods received, must be open for inspection by the police department during business hours. The records required by this subsection must be stored and maintained by the licensee for a period of at least three (3) years. g. A secondhand goods dealer or pawnbroker must, at the completion of any transaction, make a photographic record of the seller, the identification used, and the transaction receipt using a split image photographic device. A video record of the seller, the identification used, and the transaction receipt may be used in place of a photographic record, provided the video recording device produces a clear image of at least five (5) seconds in duration. All ID's and receipts must be legible when printed and must bear the date of the transaction. The exposed film or video tape used to record these transactions must be retained for a minimum of one year after 23 -610 the date of the last transaction recorded: It must be turned over • to an authorized Peace Officer, upon demand, at any time during the retention period. Section 23 -619 DAILY REPORTS. For the following items, regardless of resale price, a secondhand goods dealer or pawnbroker must make out on forms approved by the police department, and send daily by mail or courier to the police department, a legible description of the goods received during the preceding day, together with the time received and a description of the individual from whom the goods were received. a. Items with a serial number, or other personal identification number or symbol or items from which such number or symbol has been, or may have been, removed, altered or obliterated; b. Cameras; C. Electronic audio or video equipment; d. Precious jewelry or gems, and precious metals; e. Artist signed or artist attributed works of art; f. Guns and firearms; g. Items not included in the above t eYCe p furniture and kitchen or • laundry appliances, which the secondhand goods dealer or pawnbroker intends to sell for more than $200. Section 23 -620 STOLEN GOODS. A licensed pawnbroker or secondhand goods dealer must report to the police any article pledged or received, or sought to be pledged or received, if the licensee has reason to believe that the article was stolen or lost. Section 23 -621 HOLDING. An item received by a secondhand goods dealer or pawnbroker for which a report to the police is required may not be sold or otherwise transferred for a period of 12 days after the date of such report to the police. However, an individual may redeem an item pawned 72 hours after the item was received on deposit, excluding Sundays and legal holidays. Section 23 -622 RECEIPT. A licensed secondhand goods dealer or pawnbroker must provide a receipt to the seller or consignor of any item which includes: a. The address and telephone number of the business; b. The date; C. A description of the items purchased; d. The purchaser's or co- signee's signature. Section 23 -623 POLICE ORDERS. If a city police officer or other law • enforcement officer notifies a dealer not to sell an item, the item ma not be sold or removed from the licensed premise until authorized to be released by the police, or court order. Said notification, if verbal, should be followed by a written order within 72 hours setting forth the item to be held and the reasons therefore. Section 23 -624. WEAPONS. • Subdivision 1. A licensed pawnbroker or secondhand goods dealer may not receive, as a pledge or otherwise, accept for consignment or sale, any revolver, pistol, rifle or shotgun unless said dealer also maintains a federal firearms dealer's license. Subdivision 2. A licensed pawnbroker or secondhand goods dealer may not receive, as pledge or otherwise, accept for consignment or sale, any sawed -off shotgun, automatic rifle, blackjack, switchblade, knife, or other similar weapons or firearms. Section 23 -625. HOURS OF OPERATION. From 9 p.m. Saturday to 7 a.m. Monday, no property shall be received as a pledge, on consignment or purchased by an pawnbroker or secondhand goods dealer; nor shall any property be sold during said hours by any pawnbroker or secondhand goods dealer, nor any other day before 7 a.m. nor any other day after 9 p.m. Further, no pawnbroker or secondhand goods dealer shall be open for business on Christmas Day or Thanksgiving Day. Section 23 -626. PROHIBITED ACTS. Subdivision 1. Minors: A minor may not sell or consign, or attempt to sell or consign, goods with a secondhand goods dealer or pawnbroker. A secondhand goods dealer or pawnbroker may not receive goods from a minor. Subdivision 2. Others: A secondhand goods dealer or pawnbroker may not receive any goods from a person of unsound mind or an intoxicated person. • Subdivision 3. Identification: A secondhand goods dealer or pawnbroker may not receive goods, unless the seller presents identification in the Z of a valid picture driver's license or official state photo identification, United States passport or military I.D. Section 23 -627. LICENSE DENIAL, SUSPENSION OR REVOCATION. A license under this section may be denied, suspended or revoked by the city council after a public hearing where the licensee is granted the opportunity to be heard, for one or more of the following reasons: a. The operation of the business is in conflict with any provision of this ordinance; b. The operation of the business is in conflict with any health, I uilding, maintenance, zoning, or other provision of this ordinance or law; C. The licensee or the business premise fails to conform with the standards for license application contained in this section; d. The licensee has failed to comply with one or more provisions of this . section or any statute, rile or ordinance pertaining to the business of pawnbroker or secondhand goods dealer; • e. Fraud, misrepresentation or bribery in securing a license; f. Fraud, misrepresentation or false statements made in the course of the applicant's business; 23 -627 g. Subject to the provisions of law, the licensee has been convicted of any state or federal law relating to receiving stolen property, sale • of stolen property or controlled substances, burglary, robbery, theft, damage or trespass to property, operation of a business, or any law or ordinance regulating the business of pawnbroker or secondhand goods dealer. Section 23 -628. REDEMPTION. A person who pawns an item shall have at least 120 days to redeem the item before it may be sold. Section 23 -629. PAYMENTS BY CHECK. When a secondhand goods dealer or pawnbroker makes payment for an item pledged or received at the license place of business, payment must be made by check, made payable to the named payee, who is actually the intended seller. Section 23 -630. INSPECTIONS. Any peace officer or a properly designated employee of the city or the state of Minnesota may enter, inspect and search business premises licensed under this section, during normal business hours, without a warrant. Section 23 -631. COUNTY LICENSE. Secondhand goods dealers and pawnbrokers dealing in precious metals and gems must be licensed by Hennepin County in addition to the city license. Section 23 -632. SEVEAABILITY. If any part of this ordinance shall be adjudged to be invalid by a court of competent -jurisdiction, such judgment or decree shall not affect or impair the remainder of this ordinance. t Section 23 -633. PENALTIES. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than seven hundred dollars ($700) and imprisonment for not more than 90 days, or both, together with the cost of prosecution. • 470 Pillsbury Ccntcr 200 South Sixth Street Minneapolis `(N 55 -W2 (61 2) 337 -9 -;00 telephone (612) 337 -1)310 tax entail: atn•sk ?kenneds•- graven.com CHARTERED CHARLE -S L LFF EVERF, Attomey at Law (Direct dial (612) _ ?7 -9215 May 16, 1997 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 RE: Transfer of Liquor Licenses Dear iVlichael: • Some time ago, the City Council requested information about the permissibility of transferring a liquor license from one location to another. As I recall, the question came up in connection with the request by a holderbf a liquor license at the Day's Inn for a refund of a portion of his liquor license fee when his lease was terminated. Although I do not believe that the applicant has requested a transfer, the following information is provided in case the question arises in the future. Liquor licenses are granted for a specific "premises" and for a specific applicant. The City Code, _ ra graph tl " s _, (`t1rrP11 y r prnyirloC ;',at nn t *wncfer of a licanaA at Section 11.707 a �hwll ), parr l�tta�l from place to place or person to person without complying with the requirements of an original application except as provided in subd. 9 of this section. For purposes of this subdivision, a change in the controlling interest of the licensee is deemed a transfer of the license." The exception referred to in subd. 9 is a situation in which the licensee incorporates and the ownership and control of the operation are not changed. With this exception, any transfer from place to place or person to person would require a new license application and payment of the appropriate fee. Notwithstanding the limitation in the Code described above, there may be circumstances in which the Council would be willing to consider a minor license amendment without requiring a new license. For example, if a hotel were remodeled so that the location of the licensed premises was • altered somewhat or changed to a new location within the same buiIdin_, the Council might not _qn' Mr. Michael McCauley May 16, 1997 0 Page 2 feel it necessary to require a new application. In general, however, a change in license premises or identity of the applicant would necessitate a new license application. Very truly yours, Charles L. LeFevere CLL:lh • 7H ��flOKLYN CEIyr BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Kline, Chief of Police DATE: May 21, 1997 SUBJECT: Minnesota Auto Theft Prevention Program (Local Law Enforcement Grant) The Brooklyn Center Police Department has submitted a grant application requesting approximately $98,000 to fund the investigation and prevention of auto thefts. Brooklyn Center's established commercial areas include six auto dealers, numerous movie theaters, restaurants, and Brookdale. These areas along with recent commercial development along Freeway Boulevard including additional restaurants and hotels have proven to be attractive to • auto thieves. There are approximately 200 vehicles stolen each year in the city of Brooklyn Center. Brooklyn Center historically ranks in the top ten cities in the state of Minnesota for the number of vehicles stolen. The department's efforts to combat auto theft through directed patrol by uniformed officers and extensive investigation by plain clothes officers have met with limited success. The grant funding will allow the Brooklyn Center Police Department to devote significant personnel and resources to combat auto theft without adversely impacting on the department's ability to respond to calls for service and to conduct complete investigations of reported crimes. JD /jm • mnautot£mem adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ENTER INTO AN AGREEMENT WITH THE MINNESOTA AUTO THEFT PREVENTION PROGRAM FOR THE LOCAL LAW ENFORCEMENT GRANTS PROGRAM WHEREAS, the Minnesota Auto Theft Prevention Program is sponsoring a Local Law Enforcement Grants Program and will supply funding to cities for approved programs; and WHEREAS, the City of Brooklyn Center is requesting approval to enter into an agreement with the Minnesota Auto Theft Prevention Program for the Local Law Enforcement Grants Program; and WHEREAS, the City of Brooklyn Center has submitted an application requesting funds totaling $97,922 for the implementation of the Local Law Enforcement Grants Program; and WHEREAS, the grant is to be used to proactively investigate and educate citizens in the area of auto thefts; and • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The City Manager be and hereby is authorized to enter into a cooperative agreement with the Minnesota Auto Theft Prevention Program for the Local Law Enforcement Grants Program on behalf of the City of Brooklyn Center. 2. That Scott Kline as Chief of Police is authorized to sign as project director and contact person for the grant. • RESOLUTION NO. • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • • MEMO To: Michael J. McCauley, City Manager From: Jane A. Chambers, Assistant City Manager/Human Resources Director Subject: Law Enforcement Labor Services, Local No. 82 Contract 1997 -1998 Date: May 21, 1997 After discussion with the representatives of Law Enforcement Labor Services (LELS) Local No. 82, City staff and union representatives have come to agreement on a two year contract, with exception of two points. Rather than hold up the activation of the majority of the contract it was agreed between LELS and the City that these two items would be settled through interest arbitration scheduled for July, 1997. These two points are: 1. The use of the words "shall" or "may" with regard to provision of options in the Cafeteria Plan, Article 28.5. LELS wants the word "shall" to apply to the options offered by the City as part of the cafeteria benefits plan. The City has argued that it cannot institute the word "shall" with regard to the options because the City's ability to offer long -term disability coverage is dependent upon the number of persons in the employee group signing -up for this coverage, a factor which the City cannot control. • 2. Sergeant's pay, contained in Article 29.2. LELS wants Sergeant pay commensurate with that of surrounding communities. The City maintains that Brooklyn Center Police Sergeant's do not have a supervisory role, as do Sergeant's in surrounding communities, and therefore, should not receive pay consistent with a supervisory role. Major provisions of the contract are as follows: WAGES - Article 29. The wage package is 3% on the base wages for two years, effective January 1 of each year, 1997 and 1998. A 3% increase is consistent with settlements that are occurring around the metro area for both organized and non - organized employees, and is consistent with the 3 year settlement made with Local 49 (Public Works), already approved by the City Council, and the pay for non -union employees. INSURANCE - Article 28. The contract provides for a cafeteria insurance plan. This plan is the same as that contained in the Local 49 contract, and the cafeteria plan offered to non - employees. Briefly, monthly contributions offered to full -time employees are: 1997 Dependent Health Insurance Contribution: $355 Single Health Insurance $255 1998 Dependent Health Insurance $360 Single Health Insurance $310 • INSURANCE - Continued Additional benefits may be purchased by the employee as made available through the Cafeteria Benefit Plan. Optional benefits included in this plan are group dental, supplemental life, long -term disability, deferred compensation or cash benefits. In addition, the City will provide basic $10,000 Life Insurance coverage. Enrollment in at least the Single Health Coverage of the Cafeteria plan is required. OTHER CHANGES Other changes in the Contract from previous 1995 -1996 agreement include the following items: 1. Article 3.8. Changed to eliminate the word Investigator/Detective as a definition, and substituted the word Detective only throughout the agreement. 2. Article 12.7. The Choice of Remedy clause no longer appears in the contract. This clause is being eliminated in contracts throughout the metro area on the advice of labor relations consultants. The clause required an employee to choose one procedure under which a grievance would be pursued when that employee had several avenues such as Veteran's preference, Fair employment, or Equal Rights under which to make a claim. Because limitation of procedures was found to be discriminatory by the Minnesota Department of Human Rights, and the Equal Employment Opportunity Commission, staff has removed the clause with the approval of the • union. Since the city can no longer limit the number of avenues an employee may take to pursue a grievance, a single grievance may have several separate claim procedures. It is the recommendation of staff that the Council consider this contract for approval at their regular City Council meeting of May 27, 1997. • lacilels 97.wpd • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 1997 & 1998 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City has negotiated in good faith with LELS 82 (Police) for a contract for the years 1997 and 1998 as attached; excluding sergeants pay and cafeteria benefit plan language to be determined by Interest Arbitration Case Number 96 -PN -540. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to execute the attached contract with LELS 82 (Police) for calendar years 1997 and 1998; excluding the issues to be determined by Interest Arbitration Case Number 96 -PN -540; and BE IT FURTHER RESOLVED that authorized wage and benefit adjustments not to exceed the maximum contained herein shall become effective according to the schedule of the • contract which commences Januar y 1 , 1997. 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 ENFORCEINIENT LABOR SERVICES, LOCAL NO. 82 JANUARY 1, 1997 - DECEMBER 31, 1998 • i TABLE OF CONTENT . ARTICLE 1. PURPOSE OF AGREEMENT ..................... ............................... 1 ARTICLE 2. RECOGNITION .................... ARTICLE 3. DEFINITIONS ............................. 1 ................... ............................... ARTICLE 4. EMPLOYER SECURITY ............. ARTICLE 5. EMPLOYER AUTHORITY ................................ ............................... 2 ARTICLE 6. UNION SECURITY ...... ............................... 2 ARTICLE 7. SAVINGS CLAUSE ......................................... ............................... 2 ARTICLE S. CONSTITUTIONAL PROTECTION .................. ............................... 3 ARTICLE 9. SENIORITY ............... ............................... 3 ARTICLE 10. WORK SCHEDULES ....................................... ............................... 4 ARTICLE 1I. DISCIPLINE ................................................... ..............................4 ARTICLE 12. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ..................... " ARTICLE 13. OVERTIME.. 7 ARTICLE 14. COURT TIME ................................................ ............................... 8 • ARTICLE 15. CALL BACK TIME ......................................... ............................... 8 ARTICLE 16. WORKING OUT OF CLASSIFICATION........ 9 ARTICLE 17. STANDBY PAY ............................................. ............................... 9 ARTICLE 13. LEAVES OF ABSENCE .................................... ............................... 9 ARTICLE 19. SEVERANCE .................................................. ..............................9 ARTICLE 20. INJURY ON DUTY ......................................... ............................... 10 ARTICLE 21. FALSE ARREST INSURANCE ......................... ............................... 10 ARTICLE22. TRAINING .................................................. ............................... 10 ARTICLE23. UNIFORMS ................................................. ............................... l I ARTICLE 24. LONGEVITY AND EDliCATIONAL INCENTIVE . ............................... 11 ARTICLE 25. HOLIDAY LEAVE .............. ARTICLE 26. VACATIONS .................................................. .............................12 ARTICLE '27. SICK LEAVE ............................................... ............................... 1 3 ARTICLE 28. INSURANCE ...................... ............................... ....................... 14 ARTICLE 2 9. WAGE RATES ............................................. ............................... 15 iNIASTER LABOR AGREEMENT BETWEEN CITY OF BROOKLYN CENTER AND LAW ENFORCENfENT LABOR SERVICES, LOCAL NO. $2 ARTICLE I PURPOSE OF AGREENIENT This AGREEMENT is entered into between the City of Brooklyn Center, hereinafter called the EMPLOYER, and Law Enforcement Labor Services, Local No. 82, 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 Police Officer In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or r exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 DEFLNITIONS 3.1 UNION: Law Enforcement Labor Services, Local No. 82. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services, Local No. 82. 3.3 DEPARTMENT: The City of Brooklyn Center Police Department. 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit 3.; 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. 82. 3.8 DETECTIVE: An employee specifically assigned or classified by the EMPLOYER to the job classification and /or job position of DETECTIVE. 3.9 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. REST BREAKS: Period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. -1- 3. L LUNCH BREAKS: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.13 REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, • including educational incentive pay, longevity pay, and differential for detective and school liaison officer excluding any other special allowance. 3.14 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 manpower, 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 soecificaily limited by this AGREEMENT. 5.1 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 UNTION 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 E.NMPLOYER in writing of such choice and changes in the position of steward andl'or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announce ment(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 SAVViGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Brookiyn 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. ARTICLE 9 SENIORITY 9.1 Seniority shall be determined by continuous length of service in all of the job classifications covered by this AGREEMENT. Employees promoted from classifications 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 ( ) y seer shall be based on length of service in all of the job classifications 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 revious position at the sole discretion P P on of the EMPLOYER. 9 A reduction of work force will be accom 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 his layoff before any new employee is hired. 9.Y Senior employees will be given preference with regard to transfer, job classification assignments, and promotions when the job - relevant qualifications of employees are equal. 9.5 Senior qualified employes 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 .han every four (4) months. • 9.6 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. 9.7 One continuous vacation period shall be selected on the basis of seniority until April 1 of each calendar year. 9.8 The EMPLOYER shall recognize seniority as the primary factor when authorizing holiday leave and compensatory time leave. 9.9 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 DISCIPLLNE 11.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one 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 acknowled by signature of the employee. Emplovees and the UNION will receive a copy of such reprimands and /or notices. • -4- 11.4 Employees may examine their own individual personnel tiles 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 disciplinary action 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. ARTICLE 12 EINIPLOYEE 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 UNTON R PR SFNTATIV S - 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 PROCF. PROCESS OF GRIEVAN - 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 b'e 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: 2zP I. 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 alter 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 i 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. St?p? 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. &Ca 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER - designated Step 3 representative. The EMPLOYER - designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the ENIPLOYER- 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. ,fit LL 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. 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.E ARBITRATOR'S AUTHORITY a. The arbitrator shall have no right to amend, modify, nullify, i add to, or subtract from the terns 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 sha11 be binding on both the EtiiPLOYER and the -C- 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. ARTICLE 13 OVERTIME 13.1 Employees will be compensated at one and one -half (1' /:!) 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. i _7 _ 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 uniformed patrol 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 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 option to monetary compensation for overtime, a uniformed patrol officer may annually elect compensatory time off at a rate of one and one -half (1 time, and an employee qualifying for detective differential on a long -term basis may annually elect compensatory time off at a rate of straight time plus one -half (I/=) hour monetary compensation. 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 y ear, the City will pay off by check the balance or compensatory time accumulated by each police officer. No compensatory time will be accumulated or used during the month of December. Special overtime duty assignments made available to all positions by the Chief of Police at the police officer'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'i) times the employee's regular pay rate for hours worked outside of the scheduled work period. :ARTICLE 1.3 COURT TL fE 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 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 times the employee's base pay rate. An extension or early report to a regularly scheduled shift for court appearance does not qualify the employee for the two (2) hour minimum. Employees shall not be required t q o work office or street duty to qualify for the court time minimum. ARTICLE 15 CALL BACK UNIE An employee who is called tc duty during their scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one -half (1 ;_) times the employee's base pay • _g_ 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 E1VfPLOYER 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 till the employee's position and the employee's benefits and rights shall be retained. 13.2 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 his compensation for regularly scheduled working hours lost because of jury service. 13.3 Employees ordered by proper authority o National Guard Y or Reserve Military Service not exceeding fifteen (15) working days in any ee calendar year shall be entitled to leave of absence without loss of status. Such em to h v ss all receive eceive compensation from the EMPLOYER equal to the difference o q erence betw•eP .,n his re ..ular a and his p y s lesser military pay. 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. 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 nears. If discharged for just cause. severance pay shall not be allowed. -9- 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 LNSURA_NCE 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 (i.e., 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 2 The EMPLOYER shall reimburse each employee who is required to maintain a license as a law enforcement officer under Minnesota Statutes, Section 626.84, _c acq,, 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 more 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 which meets the continuimz education requirements of the Minnesota Police Officers Standards and Training Boar -I, 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. ?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 (') years. • -10- ARTICLE 23 UNIFORMS The EMPLOYER shall provide required uniform and equipment items. In addition, the EMPLOYER shall pay to the uniformed officers a maintenance allowance of $85.00 per • year. Plainclothes officers, including the trainee, shall be paid a clothing allowance of $400.00 per year. ARTICLE 24 LONGEVITY AND EDUCATIONAL INCENTIVE Effective January 1, 1995, the following terms and conditions are effective: 24.1 After four (4) years of continuous employment, each employee shall choose to be paid supplementary pay of S 102 per month or supplementary pay based on educational credits as outlined in 24.6 of this Article. 24.2 After eight (8) years of continuous employment, each employee shall choose to be paid supplementary pay of $169 per month or supplementary pay based on educational credits as outlined in 24.6 of this Article. 24.3 After twelve (12) years of continuous employment, each employee shall choose to be paid supplementary pay of $237 per month or supplementary pay based on educational credits as outlined in 24.6 of this Article. 24.4 After sixteen (16) years of continuous employment, each employee shall choose to be paid supplementary pay of 5305 per month or supplementary pay based on educational credits as outlined in 24.6 of this Article. 24.5 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 24.6 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of: Educational Credits Stated in Terms Percentage Pay of College OLArrPr Credits Increment 45-89 5102 per month 90 - 134 5169 per month 135 - 179 5237 per month 180 or more S305 per month Not all courses are to be eligible for credit. Courses receiving qualifying credits must be job related. (Thus, a four -vear degree is nor automatically 180 credits; or a two -year certificate is nor automatically 90 credits.) Job - related courses plus those formally r equired to enter such courses shall be counted. If Principles of Psychology (8 credits) is required 'before taking Psychology of Police Work (3 credits), completion of these courses would yield a total of 11- qualifying credits. C.E.li.'s (Continuing Education • Units) in job- reiated seminars. short courses, institutes, etc. shall also be counted. -11- The EMPLOYER shall determine which courses are job - related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services • Case No. 78 -PN- 370 -A. ARTICLE 25 HOLIDAY LEAVE 25.1 Holiday leave shall be granted for the following holidays: New Year's Day Columbus Day Martin Luther King Day Veterans' Day Presidents' Day Thanksgiving Day Memorial Day Christmas Day Independence Day Two (2) floating holidays Labor Day 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 New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, iVlemorial Day, Veterans' Day, Columbus Day, Martin Luther King's Day, or Presidents' Day shall receive time and one -half (1' /.:) his regular pay rate for all hours worked in addition to straight compensatory time off for the holiday. 35.4 Except as provided in 25.3, overtime pay shall not be authorized for employees for • hours worked on holidays when such work is part of the planned schedule. 25.6 An employee may request a holiday oft, 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 tilled five (5) days prior to the holiday. ARTICLE 26 VACATIONS 36.1 Permanent full -time employees shall earn vacation leave with pay as per the following schedule: 0 through 5 years of service - eighty (80) hours per year (accrued at 3.08 hours per pay period) 6 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 • I 1 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. No employee shall be allowed to use vacation leave during his initial six (6) months of service. Employees shall not be permitted to waive vacation leave and receive double pay. 26.4 Employees with less than five (5) years of service may accrue a maximum of one hundred twenty (120) hours of vacation leave. Employees with more than five (5) but less than fifteen (15) consecutive years of service (uninterrupted except for Iayoff 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. 2 7.2 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 of the employee. Sick leave may be used for th e P rP u one of attending the funeral of immediate family embers plus brothers -in -law, i o Y sisters-in-law, w P a , , randparents, 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. -13- 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 EgSURANCE 28.1 1997 Full -time employees selecting dependent health insurance coverage with eligible • dependent(s). Effective 1/1/97, the City will contribute payment of three hundred fifty -five dollars (8) 55) 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 1997 Full -time employees selecting single health insurance. Effective 3 /11 the City will contribute up to a maximum of two hundred fifty five dollars (5255) per month per employee for use in the Emolo •er' • Cafeteria P ti � Cafe.ena Benefit Plan. Additional benefits may be purchased by the employee as made available through the Employer's Cafeteria Benefit Plan. 2 8. 3 1993 Full -time employees selecting dependent health insurance coverage with eligible dependent(s). ` Effective 1/ 1/98, the City will contribute payment of three hundred and sixty dollars (5360) 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. 1993 Full -time employees selecting single health insurance E *festive 1 the City v,-iii contribute up to a maximum of three hundred ten dollars • (S= 10) Per month per employee for use in the Employer's Cafeteria Benefit Plan. -1 - Additional benefits may be purchased by the employee as made available through Employer's Cafeteria Benefit Plan. v • 28.5 Required employee contribution for participation in the Employer's Cafeteria Benefit Plan Single Health Coverage; Basic $10,000 Life Insurance. The employee may use the remainder of the contribution (limits as stated above) for use as provided in the Employer's Cafeteria Plan. Such options (to be determined by Arbitration - Case No. 96 -PN -540) group dental, supplemental life, long -term disability, deferred compensation or benefits. p cash ARTICLE 29 WAGE RATES REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for detective, and school liaison officer: and excluding any other special allowance. _9.1 v r 7 Police Officer base rate (P5) After 36 months of continuous employment $3,716 per month (P4) After 24 months of continuous employment 9 3 1% of After 36 months rate (P3) After 12 months of continuous employment 860 of After 36 months rate (P2) After 6 months of continuous employment 79% of After 36 months rate (P1) Starting rate 72% of After e 36 months rate Sergeant 1997 Rates to be Determined by Arbitration - Case No. 96 -PN -540 • Administrative Sgt 1997 Rates to be Determined by Arbitration - Case No. 96 -PN -540 Comm. Services Sgt 1997 Rates to be Determined by Arbitration - Case No. 96 -PN -540 2 9. 2 - 1 1Q L8 Pct1ice Officer base rate: (P5) After 36 months of continuous employment 53,828 per month (P4) After 24 months of continuous employment 93 % of After 36 months rate (P3) After 12 months of continuous employment 86 a of After 36 months rate (P2) After 6 months of continuous employment 79 a of After-' 6 months rate (PI) Starting rate -,2 % o of After 3 3)6 months rat.. Sergeant 1998 Rates to be Determined by Arbitration - Case No. 96 -PN -540 Administrative Sgt 1998 Rates to be Determined by A - Case No. 96 -PN -540 Comm. Services Sgt 1998 Rates to be Determined by Arbitration - Case No. 96 -PN -540 =9.3 Employees classified or assigned by the EMPLOYER to the following job classifications or positions will receive one hundred seventy five dollars (S175) per month or one hundred seventy five dollars (S 175) prorated for less than a full month in addition to their regular wage rate: Detective School Liaison Office: • - 15- 39.4 Employees classified by the EMPLOYER to the canine handler classification will receive the following in addition to their regular wage rate: • a. The officer will receive the last thirty (30) minutes of each scheduled shift for dog maintenance and care at the officer's home. I b. The officer will receive forty -five (45) minutes of overtime pay for dog maintenance, care, and training for each of the officer's scheduled days off. c. When the officer uses time off (sick, vacation, or comp time) for any whole scheduled shift, he must take time equivalent to one -half hour less than whole shift and be paid for whole shift. d. When the officer uses holiday time for any whole schedule shift, he must take eight (8) hours of leave time and will be paid for eight (8) hours. e. When the officer uses a portion of a scheduled shift as sick or vacation time, which is less than the full eight (8) hours, he must take the actual time used in leave time. f. When dog is out of the care of the canine officer, all above items do not apply. ARTICLE 30 AGREEMENT LVIPLENIENTATION 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 31 WAIVER 30.1 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. 30.? 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 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. • - lb - ARTICLE 32 DURATION This AGREEMENT shall be effective as of January 1, 1997, and shall remain in full force • and effect until the thirty -first (31) day of December, 1998, as noted in the contract. IN WITNESS THERETO, the parties have caused this AGREEMENT to be executed this day of 1997. FOR THE CITY OF FOR LAW ENFORCEMENT BROOKLYN CENTER LABOR SERVI � SERVICES NO. 8_ Mayor �... y Business Agent City Manager Union Steward • • - 17-