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Home My WebLink About1997 08-11 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER • August 11, 1997 7 p.m. 1. Call to Order ?"00 COV4 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 b one motion. There will e b no separate discussion of these items unless a Councilme e Y p mb r 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. June 25, 1997 - Special Work Session 2. July 14, 1997 - Regular Session 3. July 28, 1997 - Regular Session b. Resolution Authorizing Application for the Livable Communities Demonstration Program C. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1997 -08, Contract 1997 -D, Reforestation of 1996 Street Improvement Areas d. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees e. Licenses 6. Open Forum 7. Council Consideration Items a. Resolution Commending the Winners of the 1997 Citywide Landscape and Garden Contest -Requested Council Action: • - Motion to adopt resolution. b. Personnel Rules and Regulations - Requested Council Action: - Council discuss. • CITY COUNCIL AGENDA -2- August 11, 1997 1. An Ordinance Repealing Chapter 17, in Its Entirety, of the City Ordinances Regarding Personnel - Requested Council Action: - Motion to approve first reading of ordinance and set date for second reading and public hearing. C. Regulation of Pull -Tabs - Requested Council Action: - Council discuss. 1. An Ordinance Amending Chapters 11 and 23 of the City Ordinances Relating to the Sale of Pull -Tabs - Requested Council Action: -Motion to approve first reading of ordinance and set September 8, 1997, for public hearing and second reading. d. Resolution Authorizing Application for Multifamily Super Request for Proposals - Requested Council Action: - Motion to adopt resolution. • e. An Ordinance Amending Chapter g p 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 September 8, 1997, for public hearing and second reading. f. Report on Regulation of Secondhand Goods Dealers - Requested Council Action: - Council discuss. g. Police/Fire Bond Referendum - Requested Council Action: - Council discuss. h. Staff Report Re: Potential 1998 Street Improvement Projects Requested Council Action: - Receive report. i. Set Dates for City Council Meetings - Requested Council Action: • - Motion by Council to set dates for meetings. 8. Adjournment CITY COUNCIL AGENDA -3- August 11, 1997 EDA AGENDA CITY OF BROOKLYN CENTER August 11, 1997 7 p.m. 1. Call to Order 2. Roll Call 3. Approval of Agenda PP g -The following items are considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. • 1. July 14, 1997 - Regular Session 4. Commission Consideration Items a. Update on 53rd Avenue Project - Requested Commission Action: -Brief oral update by Tom Bublitz. 1. Resolution Accepting Bids and Awarding Contract for Residential Structure Removal for 53rd Avenue Development and Linkage Project - Requested Commission Action: - Motion to adopt resolution. b. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for Final Phase of Demolition of Residential Structures for 53rd Avenue Development and Linkage Project - Requested Commission Action: - Motion to adopt resolution. c. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for Final Phase of Asbestos Abatement for 53rd Avenue Development and Linkage Project • - Requested Commission Action: - Motion to adopt resolution. 5. Adjournment [ 0 )"RAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JUNE 25, 1997 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in a work session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley and Council Secretary LeAnn Larson. Councilmember Debra Hilstrom arrived at 7:10 p.m. • COUNCIL ITEMS COUNCILMEMBER LASMAN: RANDOM ACTS OF KINDNESS DAY Councilmember Lasman expressed her interest in promoting a "Random Acts of Kindness Day" in Brooklyn Center. Several possibilities were discussed, along with possible involvement with other organizations and/or commissions. Councilmember Debra Hilstrom arrived at 7:10 p.m. City Manager McCauley will contact several other cities and the League of MN Cities for suggestions. This event may be held in conjunction with Cities Week later this year. COUNCILMEMBER CARMODY• DISCUSS HAVING QUARTERLY REPORTS ON ATTENDANCE BY COMMISSION CHAIRS AND REMINDER OF POLICY ON UNEXCUSED ABSENCES Councilmember Carmody noted the attendance problem that the Human Rights and Resources Commission has had, with meetings often having no quorum. The Human Rights and Resources Commission has not been able to complete work on the Bias/ Hate Crime Response Proposal. A letter will be sent to the Human Rights and Resources Commission asking for the completion of the Bias/Hate Crime Response Proposal or the issue will be brought to City staff 6/25/97 -1- 'A m F I for final completion and implementation. • COUNCILMEMBER HILSTROM• DISCUSSION OF POLICE PRESENCE AT BROOKDALE Councilmember Hilstrom voiced her concerns over several incidents at Brookdale. Mr. McCauley responded that our police department meets regularly with Brookdale's security personnel and responds to calls when needed. MINNESOTA POLICE RECRUITMENT SYSTEM City Manager McCauley suggested authorizing and approving the City's participation in the cooperative activities of the Minnesota Police Recruitment System (MFRS). Per a court order dated November 7, 1996, the City and MPRS are obligated to undertake certain activities relating to the recruitment and hiring of minority persons, and MPRS has offered to undertake some of these activities on behalf of the City in order to fulfill their obligation set forth in the court order. By allowing MPRS to handle the compiling and reporting requirements for the court, the City would be able to present its information in the standardized format developed and would save staff expense necessary to develop and catalogue all of the activities, as well as prepare the ongoing reports mandated. MAYOR KRAGNESS• PULL -TABS AT EARLE BROWN BOWL • Mayor Kragness has received a request for a second set of pull -tabs at the Earle Brown Bowl. Mr. McCauley will check with the City Attorney on the legalities of this issue. DISCUSSION ON FINANCIAL STATEMENT FOR 1996 Due to recent questions and concerns raised at the Council meeting of June 23, 1997, on the City's Annual Financial Report for 1996, the Council agreed that several issues need to be dealt with in future work sessions prior to budget approval. STAFF ITEMS SELECTION OF DATE FOR FACILITATED CITY COUNCIL GOAL SETTING SESSION City Manager McCauley suggested the date of Saturday, August 23, 1997, to meet with Carl Neu for the Council goal setting session. DISCUSSION OF FUTURE WORK SESSION DATES Council discussed setting a date of Wednesday, August 20, 1997, 7 p.m., for a work session. • 6/25/97 -2- DRAFT • DISCUSSION OF VOLUNTEER RECOGNITION FOR OUTGOING COMMISSION MEMBERS City Manager McCauley suggested having some type of reception to recognize commission service and present certificates of appreciation. It was agreed that holding such an event at 6:15 p.m., prior to a Council meeting in September, would be a good opportunity to honor these individuals. DISCUSSION OF POLICE/FIRE BOND REFERENDA NEXT STEPS City Manager McCauley noted that RFPs have been sent for updating the police space needs. Schematics would follow. ADJOURNMENT A motion by Councilmember Peppe and seconded by Councilmember Carmody to adjourn the meeting at 10 p.m. passed unanimously. • City Clerk Mayor Recorded and transcribed by: LeAnn Larson • 6/25/97 -3- t 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 JULY 14, 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 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Services Director Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. • Councilmember Kathleen Carmody was absent and excused. INVOCATION Invocation was given by Pastor McKinley Moore, Jehovah Jireh Church. COUNCIL REPORTS Mayor Kragness thanked City staff and others for working so diligently on cleanup efforts after recent storm damage in Brooklyn Center. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Hilstrom requested that items 5.b. and 5.c. be removed from the consent agenda for discussion. Councilmember Peppe requested that item 5.d. be removed from the consent agenda for - discussion. Mayor Kragness requested that item 5.e. be removed from the consent agenda for discussion. • A motion by Councilmember Peppe and seconded by Councilmember Lasman to approve the 7/14/97 -1- DRAFT revised agenda and consent agenda passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Peppe and seconded by Councilmember Lasman to approve minutes of the May 22, 1997 - -Joint Session with Financial Commission, and June 16, 1997- - Work Session as printed passed unanimously. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 97-110 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. SITE PERFORMANCE GUARANTEE RELEASE - MOORWOOD TOWNHOMES (5825 • 27, 29.31.33. AND 35 LAKE CURVE LANE A motion was made by Councilmember Peppe to approve the site performance guarantee release for Moorwood Townhomes (5825, 27, 29, 31, 33, and 35 Lake Curve Lane). The motion was seconded by Councilmember Lasman and passed unanimously. LICENSES Amusement Devices - Operator Chuckwagon Grill 1928 57th Avenue North Davanni's 5937 Summit Drive Hilton Minneapolis North 2200 Freeway Boulevard K -Mart 5930 John Martin Drive MCTO 6845 Shingle Creek Parkway Nickels and Dimes, Inc. D.B.A. Tilt #243 1328 Brookdale Center Scoreboard Pizza 6816 Humboldt Avenue North Amusement Devices - Vendor CDL 12322 Business Park Boulevard North, Champlin Theisen Vending Company 3800 Nicollet Avenue South, Minneapolis • 7/14/97 -% DRAFT • Garbage and Refuse Collection Aspen Waste Systems, Inc. 2523 Wabash Avenue, St. Paul Environmental Refuse 4123 Russell Avenue North, Minneapolis Hilger Transfer, Inc. 8550 Zachary Lane, Maple Grove Midwest Grease Buyers, Inc. PO Box 26, Redwood Falls T & L Sanitation Service, Inc. PO Box 34695, Blaine Mechanical Systems Energy Solutions International, Inc. 1385 Mendota Heights Road, Mendota Heights Paul Falz Company, Inc. 359 Atwater Street, St. Paul Marsh Heating and Air 6248 Lakeland Avenue North, Brooklyn Park Osseo Stove and Feed 115 Central Avenue, Osseo Rickert Heating and Air 10355 Quaker Lane North, Maple Grove River Cities Mechanical, Inc. 14960 Afton Boulevard Afton Rental Dwellings Initial: Francis and Lorri Kaas 5448 Humboldt Avenue North Randolph and Cynthia Stahl 6224 Noble Avenue North Michael Cederberg 7230 West River Road • Renewal: Michael and Jane Danielson 4216 Lakebreeze Avenue North Heinz Pollinger 4207 Lakeside Avenue North, #320 Lewis and Vivian Hedlund 5316 Russell Avenue North Fred and Judie Swenson 5340 -44 Russell Avenue North Douglas Finch 6637 Xerxes Place North Tobacco Related Products Walgreen Company D.B.A. Walgreens #04320 6390 Brooklyn Boulevard OPEN FORUM There were no requests for open forum. PLANNING COMMISSION ITEM PLANNING COMTvIISSION APPLICATION NO 97008 SUBMITTED BY ROBERT ELLEDGE FOR A SPECIAL USE PERMIT TO CONDUCT TRUCK RENTAL BUSINESS FROM AN EXISTING SERVICE STATION LOCATED AT 6840 HUMBOLDT AVENUE • NORTH 7/14/97 -3- 1, AFT f Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. t 97008 submitted by Robert Elledge requesting a special use permit to conduct a truck rental business from an existing service station. The applicant is seeking a special use permit to rent up to four trucks at the Humboldt Unocal, 6840 Humboldt Avenue North. The property is zoned C -2, and truck rental and leasing is listed as a special use in the C -2 zoning district. Parked trucks on the lot should have no effect on any neighboring business. Mr. Tony Ouellette, owner of Humboldt Square shopping center, expressed concern that storage of rental vehicles in the southeast corner of the service station property would obscure some shopping center signage and create a snow removal hindrance. Mr. Robert Elledge was present to respond to Mr. Ouellette and several Council questions. Councilmember Hilstrom suggested that staff assist Mr. Elledge and Mr. Ouellette with a workable resolution to any difficulties. A motion was made by Councilmember Hilstrom to approve Planning Commission Application No. 97008 subject to the following conditions: 1) The special use permit is granted for a truck rental operation involving no more than • four trucks in conjunction with the automobile service station use at 6840 Humboldt Avenue North. No other uses, other than those approve in conjunction with this and the previous special use permit, are comprehended by this approval. 2) The special use permit is subject to all application codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3) No banners, pennants, streamers, balloons, or other attention attracting devices may be used in conjunction with the storage and display of these vehicles on the site other than that which is authorized under administrative permits comprehended under the City's zoning ordinance. 4) This special use permit approval does not comprehend any additional signery other than that allowed under Chapter 34 of the City ordinances. 5) The parking of rental trucks shall be confined to the southeasterly portion of the site, as shown on the site plan with the longer vehicles being parked closest to the east property line. The motion was seconded by Councilmember Lasman and passed unanimously. 7/14/97 -4- i DRAFT • COUNCIL CONSIDERATION ITEMS RESOLUTION ORDERING THE RAZING AND REMOVAL OF A HAZARDOUS BUILDING AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES. SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5501 BROOKLYN BOULEVARD LEGALLY DESCRIBED AS TRACT E REGISTERED LAND SURVEY NO. 40, IN THE CITY OR BROOKLYN CENTER HENNEPIN COUNTY MINNESOTA City Manager McCauley explained that this address has been the source of neighborhood complaints due to trash and its deteriorated condition. Compliance orders were issued and the trash from the yard was removed, but the structure itself remains both an eyesore and structurally compromised. This resolution would allow the issuance of an order to raze and remove this hazardous building and thus abate a public nuisance created by its current deteriorated and unsafe condition. RESOLUTION NO. 97-111 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION ORDERING THE RAZING AND REMOVAL OF A HAZARDOUS • BUILDING AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5501 BROOKLYN BOULEVARD, LEGALLY DESCRIBED AS TRACT E, REGISTERED LAND SURVEY NO. 40, IN THE CITY OR BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION AUTHORIZING AND APPROVING PARTICIPATION IN COOPERATIVE ACTIVITIES OF MINNESOTA POLICE RECRUITMENT SYSTEM City Manager McCauley explained that the City has been a defendant along with MPRS (Minnesota Police Recruitment System) and 35 other Minnesota cites in two companion civil actions in Hennepin County District Court relating to recruitment and hiring of minority persons. By allowing MPRS to handle the compiling and reporting requirements for the court, the City would be able to present its information in the standardized format developed and would save staff expense necessary to develop and catalogue all of the activities, as well as prepare the ongoing reports mandated. • 7/14/97 -5- DRAFT RESOLUTION NO. 97 -112 • Member Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AND APPROVING PARTICIPATION IN COOPERATIVE ACTIVITIES OF MINNESOTA POLICE RECRUITMENT SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION EXPRESSING SUPPORT FOR BROOKLYN BOULEVARD IMPROVEMENTS AND RESCINDING RESOLUTION NO 96 -235 City Manager McCauley explained that on November 25, 1996, the Council adopted Resolution No. 96 -235, expressing concerns because the total cost of improving Brooklyn Boulevard (CSAH 152) between 64th Avenue North and 71st Avenue North, including right -of -way acquisition and streetscape enhancement costs was not known. At that time, the Council expressed its intent to defer the Brooklyn Boulevard streetscape enhancements and sought Hennepin County postponement of the road reconstruction project in favor of a pavement mill and overlay improvement. Pursuant to receipt of the said Resolution, Hennepin County has indicated a desire to retain all ISTEA funds previously awarded for roadway reconstruction and streetscape enhancements, while postponing said improvement until the year 2000. Hennepin • County has also expressed its willingness to provide for the pavement mill and overlay of Brooklyn Boulevard between 64th Avenue North and 71st Avenue North in 1997. With the new information and assistance from Hennepin County, the City Council was supportive of continued efforts with the additional time to work with the County on the property. RESOLUTION NO. 97 -113 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING SUPPORT FOR BROOKLYN BOULEVARD IMPROVEMENTS AND RESCINDING RESOLUTION NO. 96-235 The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. SET DATES FOR CITY COUNCIL MEETINGS A motion was made by Councilmember Hilstrom to set the following dates for City Council meetings: 7/14/97 -6- A F • Saturday, August 23, 1997, Facilitated Council Goal Setting Session, Earle Brown Heritage Center, 9 a.m. Monday, September 8, 1997, Recognition Reception for Commissions, Conference Room B, 6:15 p.m. The motion was seconded by Councilmember Lasman and passed unanimously. UPDATE ON CODE ENFORCEMENT City Manager McCauley explained the progress in this year's Code Enforcement sweep of the City. This year's efforts address structural issues, in addition to rubbish, junk cars, etc. RESOLUTION AUTHORIZING PURCHASE OF THE PROPERTY AT 6236 BROOKLYN BOULEVARD City Manager McCauley explained that the owner of 6236 Brooklyn Boulevard has offered to sell this property to the City at the sum of $90,000. This property is adjacent to the current fire station and liquor store. In looking at the potential redevelopment of the site, as well as the general plan to eliminate residential uses along Brooklyn Boulevard, acquisition of this property would appear to be reasonable and timely. This would allow greater flexibility in • designing a new fire station and provide the potential for additional opportunities such as retention of a liquor store operation. The monies for this acquisition would be taken from the Capital Improvement Fund. RESOLUTION NO. 97-114 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF THE PROPERTY AT 6236 BROOKLYN BOULEVARD The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. REGULATION OF SECONDHAND GOODS DEALERS City Attorney Charlie LeFevere provided the Council with further information about the option available to it in the regulation of secondhand goods dealers. It appears that the regulations in other cities range from no regulation of pawn shops or secondhand goods dealers to the comprehensive regulation of both pawn shops and secondhand • goods dealers similar to the ordinances of Brooklyn Center. The City Council has the options 7/14/97 -7- A FT to eliminate all regulation, leave the regulations as they are or even impose stricter regulations, • or follow some course between these alternatives. Several categories of changes which might be considered are: 1) Delete all secondhand goods dealers from the regulations unless the transaction involves a pawn. 2) Exempt secondhand goods dealers where the transaction involves a consignment sale. 3) Exempt additional businesses from the licensing provisions of the ordinance. 4) Relax the restrictions to make them less burdensome to businesses in the City. 5) Relax restrictions which apply to some businesses but not others. Mayor Kragness stated she believes that the present ordinance was keeping some businesses out of the City that should be allowed. Councilmembers Hilstrom, Lasman, and Peppe spoke in favor of keeping the strictness on items that are problematic or easily fenced. The City Attorney will discuss this issue with the police department and prepare • recommendations and options for the City Council. RESOLUTION APPROVING AN AGREEMENT FOR RISK MANAGEMENT CONSULTING SERVICES City Manager McCauley explained that the City's Policy and Procedure for Proposals for Financial Professional Services has a schedule which calls for doing a request for proposal (RFP) for risk management consultant during 1997. RFPs were sent out to consultants known to have experience in municipal risk management. The recommendation was to continue to retain Berkley Risk Services, Inc., as the City's risk management consultant. Councilmember Hilstrom asked if we are locked into a contract in case the City decides there is a need to re- evaluate this area in the future; Mr. McCauley said we could do an annual review. RESOLUTION NO. 97 -115 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION APPROVING AN AGREEMENT FOR RISK MANAGEMENT CONSULTING SERVICES • 7/14/97 -8- • The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO 1997 -15 POOL OZONIZATION SYSTEM APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS City Manager McCauley explained that the Capital Improvements Fund budget includes $60,000 for the addition of an ozonization system to the Community Center pool's current filtration system. An ozone filtration system for the Civic Center swimming pool would provide several cost and safety benefits. Councilmember Hilstrom questioned whether this filtration also needs to be done in the wading pool. Mr. McCauley said he would seek a clarification on this issue prior to requesting award of a contract. RESOLUTION NO. 97-116 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1997 -15, POOL • OZONIZATION SYSTEM, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT #1, IMPROVEMENT PROJECT NOS 1997 -04 05 AND 06 CONTRACT 1997 -F FRANCE AVENUE 69TH AVENUE TO NORTH CITY LIMITS STREET STORM DRAINAGE, AND UTILITY IMPROVEMENTS City Manager McCauley explained that the City has already awarded a contract to Thomas and Sons Construction, Inc., for street and utility improvements on France Avenue North from 69th Avenue to 73rd Avenue. These improvements also include the installation of an emergency water interconnect with the City of Brooklyn Park with the City of Brooklyn Center's Tower No. 1 and 69th Avenue trunk water main, which will provide the City with an emergency water source in the event of a power or other well shutdown at the City's well supply facilities. Because of the proximity of Minnegasco lines and subsequent need to relocate new parallel main lines, it has been proposed that the 12 -inch trunk main be upgraded to a 14 -inch diameter size to provide adequate service as both a local service line and trunk distribution link. A • Supplemental Agreement has been negotiated with Thomas and Sons. 7/14/97 -9- DAAFT Councilmember Hilstrom inquired if the City has the funds for the increase in the total contract • amount; Mr. McCauley said yes. RESOLUTION NO. 97 -117 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT #1, IMPROVEMENT PROJECT NOS. 1997 -04, 05, AND 06, CONTRACT 1997 -1 FRANCE AVENUE, 69TH AVENUE TO NORTH CITY LIMITS, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION AMENDING THE CITY OF BROOKLYN YN CENTER'S SPECIAL ASSESSMENT POLICY i City Manager McCauley explained that at its June 23, 1997, meeting, the City Council discussed and agreed to, 1) Eliminate the Assessment Stabilization Program, and, 2) Amend the senior deferral program to redefine "financial hardship" as being an income for the household's size which is at or below the "very low income" limit established annually by • HUD. Grady Boeck, 5601 Indiana Avenue North, noted that the language of the Special Assessment Policy differs slightly from MN Statute 429. Mr. McCauley responded that the content of the statute was contained in the City's Special Assessment Policy and acknowledged that the policy might benefit from further refinement. i RESOLUTION NO. 97 -118 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE CITY OF BROOKLYN CENTER'S SPECIAL ASSESSMENT POLICY The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. • 7/14/97 -10- t e DRAFT ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Peppe to adjourn the meeting at 8:45 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson • • 7/14/97 -11- r 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 JULY 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 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Services Director Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. • Councilmember Kay Lasman was absent and excused. INVOCATION Invocation was given by Reverend Robert Cilke, Brookdale Christian Church. COUNCIL REPORTS There were no Council Reports. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Peppe requested that item 51. be removed from the consent agenda for discussion. A motion b Councilmember Carmody ody and seconded by Councilmember Hilstrom to approve the revised agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve minutes of the June 23, 1997 -- Regular Session as printed passed unanimously. 7/28/97 -1- Y ice{ RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC • HEARING. IMPROVEMENT PROJECT NOS. 1997 -01 AND 02. CONTRACT 1997 -E. ORCHARD LANE WEST STREET AND STORM DRAINAGE IMPROVEMENTS RESOLUTION NO. 97-119 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1997 -01 AND 02, CONTRACT 1997 -E, ORCHARD LANE WEST STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING. IMPROVEMENT PROJECT NOS 1997 -04 AND 05 CONTRACT 1997 -F FRANCE AVENUE. 9TH AVENUE TONORTH ITY LIMITS. THE ANDSTORM DRAINAGE IMPROVEMENTS RESOLUTION NO. 97 -120 Member Carmody ntroduced the following resolution and moved its adoption: Y g op on. RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1997 -04 AND 05, CONTRACT 1997 -F, FRANCE AVENUE, 69TH AVENUE TO NORTH CITY LIMITS, STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, PUBLIC UTILITY HOOKUP CHARGES AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS RESOLUTION NO. 97 -121 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, • 7/28/97 -2- DRAFT • PUBLIC UTILITY HOOKUP CHARGES, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION AMENDING THE 1997 CENTRAL GARAGE BUDGET, APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR ONE SIDEWALK SNOWPLOW RESOLUTION NO. 97 -122 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1997 CENTRAL GARAGE BUDGET, APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR ONE SIDEWALK SNOWPLOW The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. • RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 97 -123 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT IMPROVEMENT PROJECT NO. 1995 -05, CONTRACT 1997 -G. 69TH AVENUE SHINGLE CREEK PARKWAY TO DUPONT AVENUE LANDSCAPING RESOLUTION NO. 97-124 Member Carmody introduced the following resolution and moved its adoption: • RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT 7/28/97 -3- D RAt� PROJECT NO. 1995 -05, CONTRACT 1997 -G, 69TH AVENUE, SHINGLE CREEK • PARKWAY TO DUPONT AVENUE, LANDSCAPING The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. LICENSES Amusement Devices - Operator Mendota Valley Amusement, Inc. 9177 East Courthouse Boulevard Court, Inver Grove Heights Amusement Devices - Vendor Chi -Chi's 2101 Freeway Boulevard Mechanical Systems O'Brien Mechanical Systems 144 Glenwood Avenue, Minneapolis Rental Dwellings Renewal: Helene Ebhardt 5639 Girard Avenue North Gary Nesseth 5919 Pearson Drive r OPEN FORUM Mr. Walt Wenholz, 501 69th Avenue North, requested that "No Parking" signs be put up on 69th Avenue across from the apartments. Mr. David Gelvick 210171 st Avenue North requested an amended timetable for completion rn 1 q P of code compliance items for his property. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION 7 N N . 9 009 SUBMITTED BY LLOYD T. PEW H.T.P.O., INC.. REQUESTING A PRELIMINARY REGISTERED LAND SURVEY TO DIVIDE TRACT B. RLS 1619 LOCATED AT THE NORTHWEST CORNER OF SHINGLE CREEK PARKWAY AND FREEWAY BOULEVARD INTO TWO PARCELS City Manager McCauley introduced Planning Commission Application No. 97009, submitted by Lloyd T. Pew, H.T.P.O., Inc. This was a request for a preliminary Registered Land Survey to divide Tract B, RLS 1619, which is located at the northwest corner of Shingle Creek • 7/28/97 -4- 1 a. • Parkway and Freeway Boulevard, into two parcels. This Application was considered by the Planning Commission at its July 17, 1997, meeting and was recommended for approval, subject to several conditions. Planning and Zoning Specialist Ron Warren answered several Council questions. A motion was made by Councilmember Carmody to approve Planning Commission Application No. 97009 for a preliminary Registered Land Survey subject to the following conditions: 1) The final plat is subject to review and approval by the City Engineer. 2) The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3) Appropriate driveway and cross access easements shall be developed and filed with the titles to the properties in question. These easements are subject to the review and approval of the City Engineer and City Attorney prior to final plat approval. The motion was seconded b Councilmember Hilstrom and passed unanimously. Y p ammous y. • COUNCIL CONSIDERATION ITEMS REPORT FROM FINANCIAL COMMISSION Financial Commission Chair Donn Escher presented a report of the July 17, 1997, Financial Commissions' recommendations to the City Council on the issues of the upcoming bond election and for long range planning for the City's capital needs. The four recommendations made by the Financial Commission were: 1) That the City Council develop and prioritize a list of major capital expenditure needs and the anticipated methods of providing for their funding. 2) That the City Council develop a long -term comprehensive financial plan. 3) That the City Council consider a single question for the ballot (to address police and fire needs) with the amount of the bond issue to be between $7,500,000 to $8,500,000. 4) That the City Council consider the impact on the City's tax base as one of the site selection factors, with regard to selecting a new site for a police department building. • 7/28/97 -5- Mayor Kragness thanked Mr. Escher and the Financial Commission for their hard work. • RESOLUTION OF APPRECIATION FOR ASSISTANCE PROVIDED BY THE CITY OF RICHFIELD Mayor Kragness expressed appreciation to the City of Richfield for its assistance to Brooklyn Center in dealing with recent storm damage. The City of Richfield allowed the City of Brooklyn Center use of a boom truck and operator for two days. RESOLUTION NO. 97-125 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION OF APPRECIATION FOR ASSISTANCE PROVIDED BY THE CITY OF RICHFIELD The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION OF APPRECIATION FOR ASSISTANCE PROVIDED BY THE CITY OF ST. ANTHONY Mayor Kragness expressed appreciation to the City of St. Anthony for its assistance to Brooklyn Center in dealing with recent storm damage. The City of St. Anthony allowed the City of Brooklyn Center use of a limb and brush chipper for a number of days. RESOLUTION NO. 97 -126 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION OF APPRECIATION FOR ASSISTANCE PROVIDED BY THE CITY OF ST. ANTHONY The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION APPROVING SECTION 63 OF CHAPTER 231 OF THE LAWS OF hMf LMSOTA 1997 - RENTAL PROPERTY IMPROVEMENTS ASSESSED VALUATION ADJUSTMENT DEFERRAL City Manager McCauley noted that Speaker Phil Carruthers has included Brooklyn Center (along with the Cities of Richfield and St. Louis Park) in recent legislation designed to encourage improvements in rental housing. If approved by the legislature, qualifying properties • 7/28/97 -6- DRAFT would be allowed to make improvements that would not result in an increase in assessed value for tax purposes for five years following the year of the improvements. In subsequent years, 20 percent of the value due to the improvements would be added to the assessed value until the entire value associated with the improvements was taxable ten years after the improvements were put in place. This legislation applies to apartment buildings of four or more units that are at least 30 years old at the time of improvements. Qualifying improvements must exceed $5,000 per unit, and qualifying improvements must be completed prior to January 1, 1999. RESOLUTION NO. 97 -127 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING SECTION 63 OF CHAPTER 231 OF THE LAWS OF MINNESOTA 1997 - RENTAL PROPERTY IMPROVEMENTS ASSESSED VALUATION ADJUSTMENT DEFERRAL The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. REPORT ON CODE ENFORCEMENT City Manager McCauley gave an update on the Code Enforcement sweep of the City. Most of the southwest and west central portions of the City have been inspected thus far, with inspections to continue in a clockwise fashion throughout the City. Types of correction orders issued have consisted of the following: 51% Building Maintenance and Structural Integrity Issues, 27% Rubbish Violations, 12% Vehicle Violations, 4 % Yard Maintenance Violations, 3% Fence Issues, and 3% Other Issues. Mr. McCauley also noted that the City was trying to link people having specific needs addressing their code violations with resources and volunteers to assist them. SETTING OF DATE FOR FUTURE WORK SESSION A motion was made by Councilmember Hilstrom to set the date of August 7, 1997, at 7 p.m. to conduct a work session. The motion was seconded by Councilmember Carmody and passed unanimously. REPORT ON PULL -TAB ORDINANCE City Manager McCauley noted the City Attorney's letter regarding ordinance restrictions on pull -tab operations. According to City Attorney LeFevere, state law does not contain a limitation of how many charitable organizations are permitted to sell pull -tabs on the premises 7/28/97 -7- R A of a liquor establishment. However, Brooklyn Center City Code, Section 11- 717,3. provides that only one charitable organization is permitted to sell pull -tabs on the premises of a liquor establishment. After discussing whether one of more charitable organizations selling pull -tabs was appropriate, Council consensus was to direct Mr. LeFevere to investigate what other neighboring cities are doing and report back to the Council INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON CERTAIN CHURCH AND SCHOOL USES IN PARTICULAR COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS City Manager McCauley explained that the City Attorney has prepared a proposed Interim Ordinance that would establish a moratorium on churches and schools in the heart of the City's commercial district. This would be an area consistent with the discussions at the Comprehensive Plan Update Task Force meeting of July 21, 1997. A moratorium had been suggested to be imposed so this matter may be studied as part of the Comprehensive Plan Update, as well as the potential changes to the zoning code. Establishing a moratorium would allow a review and discussion of the suitability of this area for possible zoning code changes, without having additional uses in that area occurring prior to an evaluation of the proposal to remove churches and schools as permitted uses in this central • business corridor. Planning and Zoning Specialist Ron Warren outlined this area as roughly from Brookdale north to the other side of I -94, containing the CIA, C2, II, and PUD districts. ORDINANCE NO. 97 -10 Member Carmody introduced the following ordinance and moved its adoption: AN INTERIM EMERGENCY ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT OF EDUCATIONAL AND RELIGIOUS USES IN CERTAIN COMMERCIAL AND INDUSTRIAL AREA OF THE CITY The motion for the foregoing ordinance was duly seconded by member Hilstrom and passed unanimously. A motion was made by Councilmember Carmody to approve first reading of an Interim Ordinance for the Purpose of Protecting the Planning Process and health, Safety, and Welfare of the Residents of the City, and Regulating and Restricting Development of Education and • 7/28/97 -8- D RAFT • Religious Uses in Certain Commercial and Industrial Areas of the City and to set August 25, 1997, for public hearing and second reading. The motion was seconded by Councilmember Hilstrom and passed unanimously. RESOLUTION AUTHORIZING APPLICATION FOR A METROPOLITAN COUNCIL PLANNING ASSISTANCE GRANT City Manager McCauley explained that the City requires a planning assistance grant to complete a life cycle housing study to assist in preparation of the housing element and official controls of its planning. The Metropolitan Council gives funds to local units of government to review and amend their local comprehensive plans, fiscal devices, and official controls. Councilmember Peppe asked if the City would be "stuck" with any mandates by the Metropolitan Council if we received this grant. Mr. McCauley said no. Councilmember Hilstrom asked that wording to that effect be part of the resolution. RESOLUTION NO. 97-128 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING APPLICATION FOR A METROPOLITAN COUNCIL • PLANNING ASSISTANCE GRANT The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 8:13 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson 7/28/97 -9- Memorandum To: Michael J. McCauley, City Manager From: Brad Hoffman, Community Development Director Date: August 7, 1997 Subject: Resolution Authorizing Application for the Livable Communities Demonstration Program On Monday evening, the City Council will be asked to approve a resolution authorizing the application for a Livable Communities grant in the amount of $1,000,000. The Met Council grant would be used to facilitate the redevelopment of the northeast corner of 69th Avenue North and Brooklyn Boulevard (northeast corner). The Council will have final approval of the grant should Brooklyn Center be awarded one. Since Brooklyn Center already meets its goals relative to affordable housing under the Livable Communities Act, the obligations the City would incur would be limited to the redevelopment project specifically and as outline in the grant agreement. Again, the City Council would be have to approve that agreement. • • Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM WHEREAS, the City of Brooklyn Center (the "City") is a participant in the Livable Communities Act's Housing Incentives Program for 1996 as determined by p the Metropolitan Council and is therefore eligible to make application for funds under the Livable Communities Demonstration Account; and WHEREAS, the City has identified a proposed project within the city that meets the Demonstration Account's purpose(s) and criteria; and WHEREAS, the City has the institutional, managerial, and financial capacity to ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS, the Brooklyn Center City Council agrees to act as legal sponsor for the • project contained in the Demonstration Account application submitted on August 8, 1997. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Brooklyn Center and to execute such agreements as are necessary to implement the project on behalf of the applicant. 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 DATE: August 5, 1997 TO: Michael J. McCauley, City Manager FROM: Scott A. Brink, City Engineers SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1997 -08, Contract 1997 -1), Reforestation of 1996 Street Improvement Areas On March 10, 1997, the City Council awarded a contract to Midwest Landscapes, Inc. in the amount of $29,417,78 for Contract 1997 -D. Midwest Landscapes, Inc. has completed the work as specified. The final contract amount has increased by $2,846.66 due to additional trees required to replace those removed during the 1996 construction season. Thirteen (13) trees were added to the contact after the award. The original contract specified 166 trees and the final quantity was 179 • trees planted. It is recommended to accept the work performed in the amount of $32,264.44. Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1997 -08, CONTRACT 1997 -D, REFORESTATION OF 1996 STREET IMPROVEMENT AREAS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Midwest Landscapes, Inc. has satisfactorily completed the following improvement in accordance with said contract: Improvement Project No. 1997 -08, Contract 1997 -D, Reforestation of 1996 Street Improvement Areas. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $32,264.44. 2. The work completed under said contract is accepted and approved according to • the following schedule: As Bid As Final Project Area Orchard Logan, James, Total Orchard Logan, James, Total Lane East Knox Avenues 1997 -08 Lane East Knox Avenues 1997 -08 Contract $22,853.03 $6,564.75 $29,417.78 $24,995.93 $7,268.51 $32,264.44 Contingency $2,284.60 $656.40 $2,941.00 (10 %) Subtotal $25,137.63 $7,221.15 $32,358.78 $24,995.93 $7,268.51 $32,264.44 Construction Eng. Legal, $1,005.50 $288.85 $1,294.35 $999.84 $290.73 $1,290.57 Admin. (4 %) Total $26,143.13 $7,510.00 $33,653.13 $25,995.77 $7,559.24 $33,555.01 Project Cost • RESOLUTION NO. As Bid As Final Improvement No. 1996 -01, 02 & 03 1996 -06, 07 & 08 1996 -01, 02 & 03 1996 -06, 07 & 08 Project Area Orchard Lane Logan, James, Orchard Lane Logan, James, East Knox Avenues East Knox Avenues Special $9,672.96 $262.70 $9,618.43 $262.70 Assessments (37 %) GO Bonds $16,470.17 $16,377.34 (63 %) MSA $7,247.30 $7,296.54 Total $26,143.13 $7,510.00 $25,995.77 $7,559.24 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 DATE: August 6, 1997 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Administrative Aide SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that 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 08/11/97 ) 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 MELROSE GATES 6507 CAMDEN AVE N 100 • BARBARA MERCIER 5601 LOGAN AVE N 101 ELLEN MULLANEY 5341 MORGAN AVE N 102 PATRICIA HOTCHKISS 5506 JUDY LN 103 JAMES SARTELL 5506 IRVING AVE N 104 CITY OF B.C. CAHLANDER PARK 105 B.KRAEMER & G. KRUSE 1106 72ND AVE N 106 BRYANT & LAURA WOODFIN 5225 EWING AVE N 107 VINCENT & BARBARA BRUNNER 6301 PERRY AVE N 108 DAVID & DONNA JORGENSON 3707 COMMODORE DR 109 LUTHERAN SOCIAL SERVICE MN 6018 ADMIRAL PL 110 U S POSTAL SERVICE 6848 LEE AVE N 111 U S POSTAL SERVICE 6848 LEE AVE N 112 U S POSTAL SERVICE 6848 LEE AVE N 113 U S POSTAL SERVICE 6848 LEE AVE N 114 U S POSTAL SERVICE 6848 LEE AVE N 115 U S POSTAL SERVICE 6848 LEE AVE N 116 U S POSTAL SERVICE 6848 LEE AVE N 117 I • 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 • g against the same: g whereupon said resolution was declared duly passed and adopted. • City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City FROM: Sharon Knutson Cit Clerk M er m — t - �� Y DATE: August 7, 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 b the City Council on August 11 1997• PP Y tY g , AMUSEMENT DEVICES - OPERATOR Toys `R Us 5425 Xerxes Avenue North • AMUSEMENT DEVICES - VENDOR Just Kiddie Rides, Inc. 12 -2 Dubon Court, Farmingdale, NY GARBAGE AND REFUSE COLLECTION VEHICLES Twin City Sanitation, Inc. P. O. Box 120174, St. Paul MECHANICAL SYSTEMS Burnsville Heating & A/C, Inc. 12481 Rhode Island Ave. S., Savage Louis DeGidio Services, Inc. 6501 Cedar Ave. S. Minneapolis nne polls Suburban Air 8419 Center Drive, Minneapolis SIGN HANGER Universal Signs, Inc. 1033 Thomas Ave., St. Paul TAXICAB Town Taxi, Cab No. 80 7000 57th Ave. N. TOBACCO RELATED PRODUCT Fleming Companies, Inc. d.b.a. Rainbow Foods 6350 Brooklyn Blvd. 6301 Shingle Creek Pkwy, Brooklyn Center, i IN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center A great place to start. A great place to stay. r MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manager DATE: August 11, 1997 SUBJECT: Amended City Council Agenda for August 11, 1997 Attached are two resolutions relating to approval of liquor licenses. One is from Brooklyn Center Beverage, Inc., d/b /a Holiday Inn requesting a Class B and Sunday on -sale intoxicating liquor license; the other is from Fleming Companies, Inc., d/b /a Rainbow Foods requesting an off -sale non - intoxicating malt liquor license. Also attached are memorandums from the Chief of Police recommending approval of both liquor licenses. I would recommend the following motion to amend the Council agenda (this would also include the addition of item no. 7.i. to set dates for City Council meetings): Motion to amend the agenda and add the two liquor licenses to the consent agenda under item 5.e. (licenses), and to add Set Dates for City Council Meetings as item 71 under Council Consideration Items. Attachment • 6301 Shingle Creek Pkta 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 O QpOKLYN CEIAVIr BROOKLYN CENTER r POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Scott Kline DATE: August 8, 1997 SUBJECT: Liquor License For Brooklyn Center Beverage Holiday Inn 1501 Freeway Blvd The Brooklyn Center police department has done a background investigation of the license holder and on -site managers for the bar in the Holiday Inn located at 1501 Freeway Blvd, doing business as the Brooklyn Center Beverage Company, Inc. After reviewing the information on the owner, Carol Sue Murray, the overall manager, Patrick George Laniel, whom we know from past management positions within Brooklyn Center at the old Holiday Inn (which is currently the Hilton) and his bar manager, Christopher Andrew Lang, we find that there is no background problems to preclude the issuance of a license. Also, after a considerable amount of delay, we have finally received all of the background information for the overall corporation, Remington Hotel Corporation of Dallas, Texas, which is the management firm for which the innkeeper, Patrick Laniel, and the beverage manager, Christopher Lang, are direct employees. After getting by the initial reticence by the board of directors and owners of the Remington Hotel Corporation, we have received all the pertinent background information for the principals from the parent corporation which will be managing and owning the motel, restaurant and bar. A thorough check of all the owners and board of directors of this corporation was made and nothing has surfaced to preclude this liquor license being issued for intoxicating liquor and Sunday on -sale at this location. • remine l.mem BROOKLYNCENTER _ROOKLY11 CEIyTF9 POLICE DEPARTMENT • POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Scott Kline DATE: August 8, 1997 SUBJECT: New Liquor License / Class B Intoxicating Liquor and Sunday On -Sale Brooklyn Center Beverage, Inc., dbwHoliday Inn Brooklyn Center Beverage, Inc., dba/Holiday Inn has applied for a Class B Intoxicating and Sunday On -Sale liquor license. A thorough background investigation was completed on the Remington Hotel Corporation, the license holder Brooklyn Center Beverage, Inc. and the on -site managers for the hotel and bar. The Remington Hotel Corporation of Dallas, Texas, is the actual management firm. Nothing was found in the background investigation that would preclude Brooklyn Center Beverage from being • issued a liquor license. All appropriate fees have been submitted along with all required documentation. It is requested that the Brooklyn Center City Council approve a Class B On -Sale Intoxicating and Sunday On -Sale Liquor License. 97reming.mem • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION APPROVING ISSUANCE OF A CLASS B AND SUNDAY ON- SALE INTOXICATING LIQUOR LICENSE TO BROOKLYN CENTER BEVERAGE. INC., DBA/HOLIDAY INN WHEREAS, Brooklyn Center Beverage, Inc., dba/Holiday Inn has applied for a Class B and Sunday On -Sale Intoxicating liquor license for its establishment located at 1501 Freeway Boulevard within the City of Brooklyn Center; and WHEREAS, Brooklyn Center Beverage, Inc. is a corporation in good business standing; WHEREAS, Brooklyn Center Beverage, Inc. has submitted all appropriate fees and necessary documentation for their liquor license and a thorough background investigation has been conducted by the Brooklyn Center Police Department regarding the corporate officers, hotel and bar manager, and the corporation itself and nothing was found in that investigation that would preclude the issuance of a liquor license to Brooklyn Center Beverage, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center that the issuance of a Class B and Sunday On -Sale Intoxicating Liquor License to Brooklyn Center Beverage, Inc. dba/Holida Inn is hereby approved. Y Y pP 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. BROOKLYN CENTER KLYN CEHr POLICE DEPARTMENT r POLICE • MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Scott Kline X DATE: August 8, 1997 SUBJECT: New Liquor License /Off Sale Non - Intoxicating Malt Liquor Fleming Companies, Inc., dba/Rainbow Foods Fleming Companies, Inc., dba/Rainbow Foods has applied for an Off Sale Non - Intoxicating Malt Liquor License. A thorough background investigation was completed on the Fleming Companies, which is the license holder, and the on -site managers for the store. Nothing was found in the background investigation that would preclude Fleming Companies, Inc. from being issued a liquor license. All appropriate fees have been submitted along with all required documentation. • It is requested that the Brooklyn Center City Council approve an Off Sale Non - Intoxicating Malt Liquor License. 97rainbw.mem • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION APPROVING ISSUANCE OF AN OFF SALE NON - INTOXICATING MALT LIQUOR LICENSE TO FLEMING COMPANIES, INC. DBA/RAINBOW FOODS WHEREAS, Fleming Companies Inc., dba/Rainbow Foods has applied for an Off Sale Non - Intoxicating Malt liquor license for its establishment located at 6350 Brooklyn Boulevard within the City of Brooklyn Center; and WHEREAS, Fleming Companies Inc. is a corporation in good business standing; WHEREAS Fleming Companies Inc. has submitted all appropriate fees and g P necessary documentation for their liquor license and a thorough background investigation has been conducted by the Brooklyn Center Police Department regarding the corporate officers, store on -site managers, and the corporation itself and nothing was found in that investigation that would preclude the issuance of a liquor license to Fleming Companies Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the issuance of an Off Sale Non - Intoxicating Malt Liquor License to Fleming- Companies Inc. dba/Rainbow Foods is hereby approved. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • 7a, • MEMORANDUM DATE: August 6, 1997 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Administrative Aide SUBJECT: Resolution Commending the Winners of the 1997 Citywide Landscape and Garden Contest Winners of the third annual Landscape and Garden competition were announced July 28, 1997. The contest, initiated in the City's continuing efforts to encourage beautification and enhancement of properties in the City, had fourteen very qualified candidates entered in the competition. The judges for the contest were Master Gardener Doris Wickstrom, and Horticulturists Wayne Biers and Lowell Blom. The judges were extremely complimentary of all entrants and praised the residents of our community for their gardening and landscaping expertise. • The Award of Excellence was awarded to Darnell and Allan Hancock at 5520 Fremont Avenue. The judges recognized them for this award because of their exceptional species variety, landscape design and overall general yard plan in creating a neighborhood friendly yard. The Outstanding Landscape award went to Jane and Robert McGowan of 6937 Oliver for their excellent four season plant materials, good turf, healthy trees, and exceptional maintenance. Their front yard has outstanding curb appeal and their backyard invites you to their perennial garden as well as their cutting garden and vegetable garden. More than 250 hostas grace the property line of both the front and back yards. The Outstanding Garden award is a repeat contender from last year, Anna Larsen of 5425 Colfax Avenue. She was recognized for her rare, choice plants, arranged in a very natural setting. The judges awarded a Special Recognition to Patricia Scott of 6812 Grimes Place for her efforts in establishing a very pleasant perennial garden in a very limited space in a multi - family dwelling. All the entrants created unique masterpieces of art to enhance and improve the environment and quality of life in our community with their gardening and landscaping skills A resolution recognizing the winners of the 1997 Landscape and Garden Contest is attached for • consideration. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION COMMENDING THE WINNERS OF THE 1997 CITYWIDE LANDSCAPE AND GARDEN CONTEST WHEREAS the Ci ty Council desires to promote beautification of residential and commercial properties in Brooklyn Center; and WHEREAS, the Council is appreciative of the hard work and efforts of many residents and businesses. in gardening and landscaping their properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the following winners of the 1997 Citywide Landscape and Garden Contest are recognized and commended for their achievements: AWARD OF EXCELLENCE Darnell and Allan Hancock 5520 Fremont Avenue North • OUTSTANDING LANDSCAPE Jane and Robert McGowan 6937 Oliver Avenue North OUTSTANDING GARDEN Anna Larsen 5425 Colfax Avenue North SPECIAL RECOGNITION Patricia Scott 6812 Grimes Place Date Mayor ATTEST: City Clerk I The motion for the adoption of the foregoing resolution was duly seconded by member • and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Notice is hereby iven that a public hearin will be held on the 8th day of September, 1997 Y� P g Y p , at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance repealing Chapter 17, in its entirety, of the City Ordinances regarding personnel. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 17, IN ITS ENTIRETY, OF THE CITY ORDINANCES REGARDING PERSONNEL THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 17, in its entirety, of the City Ordinances of the City of Brooklyn Center is hereby repealed. Section 2. This ordinance shall be effective after adoption and thirty days • following its legal publication. Adopted this day of , 1997. Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) • 3 City of Brooklyn Center A great 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: August 6, 1997 SUBJECT: Personnel Rules and Regulations Attached please find a memorandum from Jane Chambers and proposed personnel rules. These would be the rules that would be submitted for your consideration should the ordinance repealing Chapter 17 be adopted. As indicated in Ms. Chambers' memorandum, this proposal would streamline the City's personnel policies by taking it out of the ordinance book and putting it into the resolution so that publication costs may be avoided when changes are made to the personnel policy either to comply with changes in Federal or State law or to make our policies more effective or relevant. • Attachment • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center • Memorandum TO: Michael J. McCauley, City Manager FROM: Jane Chambers, Assistant City Manager /Human Resources Director DATE: August 5, 1997 SUBJECT: Revised Personnel Rules for the City of Brooklyn Center Human Resources staff reviewed the current personnel ordinance and noted a number of areas which are out of date. Areas of concern in the current ordinance are mandatory retirement which is unlawful, incomplete leave policies and out of date discipline and dismissal language. Updates are also needed to address policies that are in place which are not reflected in a comprehensive personnel document. To address these concerns, a new manual of Personnel Rules and Regulations has been • developed. This document is comprehensive, and provides the policies and procedures necessary to meet legal obligations and current accepted personnel practices. Instead of continuing the past practice of adopting personnel rules by ordinance, it is recommended that the document be adopted by resolution. A resolution process will make it much easier to update policies and procedures as necessary, and will result in savings of publication costs associated with the ordinance process. Once adopted, this document will serve as the City's comprehensive personnel manual. The Manuel will be updated on a regular basis, as needed, and will be distributed to all employees. Attached is a copy of the Personnel Rules and Regulations manual. Some changes to the personnel rules are as follows: • Probationary Period - may be extended to 12 months, depending upon position. • Compensatory time - allows FLSA non - exempt employees to have the option of selecting compensatory time at the rate of one and one half times their regular rate of pay and move over -time to maximum of 40 hours comp time accrual. • Tuition Refund Program - capping a maximum yearly reimbursement per employee to $1,500 per calendar year. • Vacation Accumulation - the total number of vacation hours accrued to be increased from a cap of 200 hours to 230 hours. • Bone Marrow Donation Leave - added to comply with law. • Parent Leave for School Conferences - added to comply with State Statutes. • Family Medical Leave Act - added to comply with State and Federal Leave Laws. • Benefits for City Retirees - in 1990 the City of Brooklyn Center City Council adopted Resolution 90 -166 establishing retirement health insurance program benefits for city retirees. The program will continue with the elimination of one section which follows: In lieu of City payment of the single person premium the qualified employee may elect to receive a lump -sum payment of the amount calculated by multiplying the number of months between the date on which the employee retires and the employee's 65th birthday times the monthly average the single person premium which the city is paying for employee's at the times the monthly average the single person premium which the city is paying for employees at the time of employee's retirement. • Retirement - eliminated mandatory retirement language. • Discipline and dismissal - Language in this section reduced, allowing the City more flexibility in this area. • Grievance Policy - Language in this section reduced, allowing the City more flexibility in this area. • Membership on advisory commissions - added. Recommendation Council rescind the existing Personnel Ordinance, and replace it by adopting the proposed Personnel Rules and Regulations by resolution. kw • • City of Brooklyn Center Personnel Rules and Regulations SECTION 1- PURPOSE ...................... ............................... 4 1.1 Purpose ......................... ..............................4 1.2 Adoption & Amendment ............ ............................... 4 1.3 Savings Clause .................... ..............................4 1.4 Department Rules ................. ............................... 4 1.5 Application - Positions ............. ............................... 4 1.6 At -Will Employment ............... ............................... 4 1.7 Employment Guidelines ............ ............................... 4 1.8 Labor Agreements ................. ..............................4 1.9 Management Rights .............. ............................... 5 SECTION 2- DEFINITIONS .................... ..............................6 SECTION 3 - RECRUITMENT /EMPLOYMENT ... ............................... 8 3.1 Position Opening Authorization ...... ............................... 8 3.2 Recruitment ...................... ..............................8 3.3 Notification of Appointment ......... ............................... 8 3.4 Probationary Period ............... ............................... 8 3.5 Dismissal During the Probationary Period .............................. 8 3.6 Benefits During Probationary Period ... ............................... 8 3.7 Reference Checks ................. ............................... 9 • 3.8 Employment of Relatives ........... ............................... 9 3.9 Discipline .9 .......... 110 Grievances ....................... ..............................9 SECTION 4 - EMPLOYEE COMPENSATION .... ............................... 10 4.1 Compensation Plan ............... ............................... 10 4.2 Reclassification .................. ............................... 10 4.3 Overtime /Compensatory Time - Fair Labor Standards Act ................ 10 4.4 FLSA Exempt Employee .......... ............................... 10 4.5 FLSA Non - Exempt Employees ...... ............................... 10 4.6 Compensatory Time - Non - Exempt Employees ......................... 10 4.7 General Rules - Overtime /Comp Time ............................... 11 4.8 Temporary Fill- In at a Higher Classification ........................... 11 SECTION 5 - GENERAL BENEFITS ........... ............................... 12 D. Health Coverage ................. ............................... 12 5.2 Dental Benefits ................. ............................... 12 5.3 Life Insurance ................... ............................... 12 5.4 P.E.R.A. . ....................... .............................12 5.5 Deferred Compensation Program .... ............................... 12 5.6 Flexible Benefits Plan ............. ............................... 12 5.7 Payroll Savings .................... .............................12 • SECTION 6 - TUITION REFUND PROGRAM .... ............................... 13 • 6.1 Tuition Refund .................... .............................13 SECTION 7 - RECORDS AND REPORTS ....... ............................... 14 7.1 Personnel File ..................... .............................14 7.2 Job Descriptions ................. ............................... 14 7.3 Performance Reports ............ ............................... 1 14 7.4 Employee Identification Card Policy .. ............................... 14 SECTION 8 - LEAVE BENEFITS ............. ...............:............... 15 8.1 Official City Holidays ............. ............................... 15 8.2 Personal Floating Holiday - Regular Full -time .......................... 15 8.3 Vacation Leave - Regular Full -time Employees ........................ 15 8.4 Sick Leave - Regular Full -time Employees ............................ 16 8.5 Workers' Compensation ........... ............................... 17 8.6 Official Record - Sick, Vacation, and Compensatory ..................... 17 8.7 Funerals ............... 17 ........ ............................... 8.8 Military Leave for Training Purposes . ............................... 17 8.9 Jury Duty ..................................................... 8.10 Bone Marrow Donation Leave ...... ............................... 18 8.11 Parent Leave for School Conferences . ............................... 18 8.12 Leave of Absence .................. .............................18 • 8.13 Family Medical Leave Act - FMLA .. ............................... 18 8.14 Limitation of Grants of Leave without Compensation .................... 21 8.15 Leave Extension Request ......................................... 22 8.16 Reinstatement From Leave of Absence ........................... 22 5.17 Inclement Weather ............... ............................... 22 SECTION 9 - SEPARATION FROM ENIPLOYMENT ............................. 23 9.1 Resignations ....... ............................... , 9.2 Dismissal .................23 93) Lay - Offs ......................... .............................23 9.4 Benefits for City Retirees .......... ............................... 23 SECTION 10 - CONDUCT AND ETHICS ........ ............................... 25 10.1 Sexual Harassment Prevention Policy . ............................... 25 10.2 Definition of Sexual Harassment ............................. I ...... 25 10.3 Examples of Sexual Harassment ..... ............................... 25 10.4 Reporting Procedure ............. ............................... 26 10.5 Investigation and Recommendation ... ............................... 26 10.6 Drug -Free Workplace Policy ....... ............................... 26 10.7 Gifts and Gratuities ............... ............................... 27 10.8 Smoking Policy .......... 28 ....... ............................... 10.9 Membership on Advisory Commissions .............................. 28 • City of Brooklyn Center • SECTION 11 - EXPENSE REIMBURSEMENT POLICY ........................... 29 1 l.1 Mileage Reimbursement ........... ............................... 29 11.2 Personnel Expense Reimbursement ............. I .................... 29 11.3 Accrual of Benefits for Airline For City Business ....................... 30 11.4 City Vehicles ................... ............................... 30 SECTION 12 - LIGHT DUTY POLICY ......... ............................... 31 12.1 Purpose ......................... .............................31 12.2 Policy ........................... .............................31 12.3 Procedure: Applying for Light Duty Work ............................ 31 SECTION 13 - DECLARATION OF POLICY OF AFFIRMATIVE ACTION ............ 32 • City of Brooklyn Center • SECTION 1 1.1 Purpose The purpose is to provide a uniform, comprehensive and efficient system of personnel administration for the City of Brooklyn Center. 1.2 Adoption & Amendment These rules were prepared and recommended by the City Manager in accordance with the personnel ordinance. The City of Brooklyn Center reserves the right to unilaterally modify the personnel rules, policy and ordinance. 1.3 Savings Clause If a personnel regulation is held invalid by judicial or legislative action, the remainder of these rules will not be affected. 1.4 Department Rules In accordance with these Rules, each Department Head may establish written departmental rules of procedure that do not conflict with these regulations to cover unique circumstances. Departmental rules must be approved in writing by the City Manager prior to implementation. 1.5 Application - Positions • All employees (regular full and part- time), offices and positions in the municipal employ, now existing or hereafter created, will be subject to the provisions of these regulations except the following: a. Elected officials. b. Members of boards and commissions. C. Volunteer members of the Fire Department. d. City Manager. e. City Attorney. f Persons engaged under contract to supply expert, professional, technical, or any other services. Other positions so designated. 1.6 At -Will Employment All City employees are hired on an at -will basis. 1.7 Employment Guidelines These rules and regulations are guidelines for the City and its employees regarding City employment. They do not constitute an employment contract. The City reserves the right to change any personnel policy at any time at its discretion. • 1.8 Labor Agreements With respect to employees whose positions are included in a collective bargaining unit, provisions of the applicable collective bargaining agreements negotiated pursuant to the 4 Citv of Brooklyn Center • Public Employment Labor Relations Act MS 179A.01- 179A.25, supersede these rules and regulations on any subject area covered by both the collective bargaining agreement and these rules and regulations. The City Manager is signatory to any collective bargaining agreement applicable to employees covered. 1.9 Management Rights The City, through the City Manager, retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure, to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by current collective bargaining agreements, these regulations, and City Council resolutions. • • 5 City of Brooklyn Center SECTION 2- DEFINITIONS • Unless otherwise indicated, the following words and terms have meanings indicated below: Appointment i s pp ent - a regular assignment to a paid position in the City service. Days - Calendar day; including Saturday, Sunday, and holidays unless otherwise specified. Demotion - a change of an employee's status from a position in one job class to a position in another job class with less responsible duties and could result in a lower salary range. FLSA - Fair Labor Standards Act which is a federal law regarding minimum wage and overtime compensation, classifying positions as exempt or non - exempt. a. Exempt Employee - employee specifically exempt from the overtime compensation provisions of applicable FLSA (Fair Labor Standards Act) legislation as defined and limited by administrative rules and regulations; these employees generally have as their primary duty management, administration, or work of a professional nature. b. Non- exempt - employees who are entitled to a minimum wage and overtime compensation pursuant to applicable fair labor standards legislation (FLSA). • Position - a group of current duties and responsibilities requiring the full -time or part-time employment of one person. Regular Full -Time - an employee in a classified position who works a 40 -hour work week and was hired for a service duration in excess of 12 months and has successfully completed the probationary period. Regular Part -Time - an employee in a classified position who works less than the 40- hour work week and was hired for service duration in excess of six months and has successfully completed the probationary period. Temporary Full -Time - an employee who works a 40 -hour work week whose employment is limited by duration of a specific project or task; temporary employees serve at the will of the City Manager. Temporary Part -Time - an employee who works less than the 40 -hour work week whose employment is limited by duration of the specific project or task, temporary employees serve at the will of the City Manager. Probationary Employee - an employee who is serving a probationary period in a position to or from which the employee was appointed, promoted, transferred, demoted, • reclassified or reinstated. Probationary Period - a six to twelve month working trial period. 6 City of Brooklyn Center • Promotion - a change of an employee from a position of one job class to a position of another job class with more responsible duties and a higher salary range. Reclassification - a change in classification of an individual position by raising it to a higher job class, reducing it to a lower job class, or moving it to another class at the same level on the basis of significant changes in kind, difficulty or responsibility of the work performed in such a position. Veteran - a person defined as a veteran by Minnesota Statutes, Section 197.447. Veteran's Preference - the preference granted to veterans by Minnesota Statutes, Sections 43A.11 and 197.481. • 7 City of Brooklyn Center SECTION 3 - RECRUITNIENVENIPLOYNIENT 3.1 Position Opening Authorization Department Heads will notify the City Manager and make recommendations when a replacement vacancy exists in a department or when there is a desire to fill a newly created position. The City Manager will review the request and recommendations and advise the department head on the proper course of action. The City Manager is the final authority in the filling of all positions. 3.2 Recruitment The recruitment of applicants for employment with the City shall take place at the direction of the City Manager through Human Resources. 3.3 Notification of Appointment The City Manager will notify the candidate selected for appointment in writing. The notification must include the employment starting date and salary. The Department Head must provide the newly appointed employee with a current position description to indicate those duties and responsibilities for which the employee is accountable. 3.4 Probationary Period The probationary period begins immediately upon starting date and continues for six 6 to • twelve (12) working month unless ( ) g � s u ess otherwise specified in union contract. Department Head must inform the City Manager of employee's successful completion of the probationary period. All newly hired or rehired employees will serve a six (6) to twelve (12) month probationary period. At any time during the probationary period newly hired, promoted, or rehired employees may be terminated, demoted, or reassigned at the sole discretion of the employer. No cause for discharge is necessary. Time served in tem ora positions is not considered art of the probationary period. p ryP P P ryp o 3.5 Dismissal During the Probationary Period A Department Head may recommend to the City Manager dismissal of a probationary employee at any time during probation for any reason. The employee must be notified of the termination date in writing. 3.6 Benefits During Probationary Period Sick and vacation leave will accrue during the initial probationary period. Sick leave may be used as earned, however, vacation may not be used until after the first six months of employment. In rare cases, the Department Head may recommend to the City Manager to approve the use of vacation leave during probation. Promoted employees who serve a probationary period are eligible to use their sick and vacation leave accrued during the probationary period for the promotional position. S City of Brooklyn Center 3.7 Reference Checks All reference checks for current or terminated employees must be routed to Human Resources. 3.8 Employment of Relatives More than one family member may not be employed within any department where they routinely interact with each other in the course of business or where one may influence the work or working conditions of another. Relatives may not be placed where they will work under the direction of the same immediate supervisor, or where there may be a conflict of interest or not in the best interest of the City as determined by the City Manager. 3.9 Discipline The City reserves the right to take any disciplinary action it deems approriate under the circumstances. 3.10 Grievances Regular full and part-time employees claiming a grievance shall timely submit such grievance to the employee's supervisor who shall consider and examine the grievance and attempt to resolve it to the extent of their authority. If the grievance is not resolved at the supervisory level, it may be referred by the employee to their department head who shall consider and examine the grievance and attempt to resolve it. If the grievance is not resolved at the department head level, it may be referred by the employee to the Assistant • City Manager /Human Resources Director for disposition. 0 9 City of Brooklyn Center SECTION 4 - E1v1PLOYEE COMPENSATION • 4.1 Compensation Plan The City Manager must develop and maintain a compensation plan so all positions substantially similar with respect to the type, difficulty, and responsibility of work are included in the same grade and that the same salary range may be applied to all positions in a grade. The plan shall classify positions in accordance with federal and state laws for all positions. The City Manager will present the compensation plan to the City Council for its approval. The effective date of the compensation plan shall be the date stated in the plan approved by the City Council 4.2 Reclassification When the duties of a position change substantially, the Department Head may request or the City Manager may initiate a review of the duties of the positions. Based on the results of the review, the City Manager may reclassify the position. 4.3 Overtime /Compensatory Time - Fair Labor Standards Act Pursuant to federal and state wage and hour laws, employees classified as full time and nonexempt under FLSA who are authorized overtime work in excess of the regular scheduled workweek or pay period will be compensated at a rate of one and one -half times their base rate of pay for hours worked in excess of their regular schedule. The Fair Labor Standards Act (FLSA) is a federal law which sets minimum wage, overtime pay, equal pay, record keeping and child labor standards for all regular and temporary employees. FLSA mandates that the City classify employees in regards to overtime /compensatory time as one of the following categories: FLSA Exempt Employee or FLSA Non - Exempt Employee. 4.4 FLSA Exempt Employee Exempt employees are not paid for overtime over 40 hours unless otherwise provided by collective bargaining or contract agreement. Exempt employees are generally employees who are classified as professional, administrative, executive and seasonal- recreation, under the FLSA exempt status. 4.5 FLSA Non- Exempt Employees Overtime or compensatory time must be paid at a rate of one and one -half times the non- exempt (this includes full -time, part-time and temporary employees) employee's regular rate of pay for each hour worked in a work week in excess of 40 hours per week. 4.6 Compensatory Time Non- Exempt Employees FLSA non - exempt employees have the option of selecting compensatory time at the rate of one and one half times their regular rate of pay in lieu of overtime, to a maximum of 40 is hours of comp time accrual 10 City of Brooklyn Center 4.7 General Rules - Overtime /Comp Time • All overtime and comp time to be worked must be pre- approved by the Department Head prior to working overtime or comp time. Failure to obtain prior approval of overtime and comp time may result in discipline. 4.8 Temporary Fill -In at a Higher Classification From time to time employees may be asked to fill in temporarily at work in a higher classification. The assignment will be made by the Department Head with the approval of the City Manager. If a temporary assignment extends beyond 20 working days, additional compensation at the higher classification may be provided. The duration of a temporary assignment may not exceed six months, unless authorized by the City Manager. • 11 City of Brooklyn Center • SECTION 5 - GENERAL BENEFITS 5.1 Health Coverage - Cafeteria Benefits Plan The City will provide a contribution for regular full -time employees. Benefits may be purchased by employee as made available through the Employer's Cafeteria Benefit Plan. A set dollar amount for benefits will be included in the compensation plan approved by City Council as a separate document. The City will review its contribution on a regular basis. 5.2 Dental Benefits The City will provide a contribution for regular full -time employees. Benefits may be purchased by employee as made available through the Employer's Cafeteria Benefit Plan. The City will review its contribution on a regular basis. 5.3 Life Insurance The City will provide a contribution towards life insurance for regular full time employees. Employees provided this benefit may purchase through payroll deduction additional term life insurance to supplement the insurance coverage provided by the City. Life insurance coverage paid by the City terminates at the end of the calendar month of employee termination. 5.4 P.E.R.A. • Public Employees Retirement Account will be maintained for regular full and part -time employees or as regulations specify. For details see the PERA manual in the Finance Department. 5.5 Deferred Compensation Program The City provides employees the opportunity to participate in a Deferred Compensation Plan. This voluntary plan allows employees to place a portion of their earnings into pretax deferred investment program. Check with the Finance Department for more information. 5.6 Flexible Benefits Plan The City offers an optional plan in which a portion of the employee's salary can be set aside to cover estimated health care and day care costs. The employee must expend all the money set aside in the flexible benefit plan or lose it. Proof of medical and day care expenses must be submitted. Check with Human Resources for more details. 5.7 Payroll Savings The City offers an optional payroll savings plan. Check with the Finance Department for more details. 12 City of Brooklyn Center . SECTION 6 - TUITION REFUND PROGRAM 6.1 Tuition Refund Regular full time employees who have passed their initial probation period may be eligible for reimbursement of tuition and required course fees for courses taken for credit through accredited educational institutions. Tuition reimbursement may be approved for courses with the following criteria: 1. a college level course available for credit; and 2. course is taken on personal time; and 3. course is "work related "; and 4. grade of "C" or better or "satisfactory" is received upon completion; and 5. the training request receives pre - approval, and final approval by the City Manager. Full -time employees who have successfully completed probation may be eligible for a 60% reimbursement of books, tuition and required fees upon completion. Employees who have at least five years of consecutive full -time service are eligible for 75% reimbursement. All regular full time employees who are interested in participating in this program must first submit course work to City Manager for pre- approval. Pre - approval forms may be obtained from Hurnan Resources. Employees must obtain pre - approval to ensure they obtain reimbursement through participation in this program. Maximum reimbursement is • $1,500 per employee per calendar year; or may be lower due to budget constraints. • 13 City of Brooklyn Center SECTION 7 - RECORDS AND REPORTS is 7.1 Personnel File The official personnel file for each regular employee is in the Administration office with the exception of data regarding payroll, which is maintained in Finance. The employee's personnel file contents are proprietary to the City and the employee may not exercise his /her right to review their file more often than once every six months unless new information has been added to the file. 7.2 Job Descriptions The City Manager, with assistance of Department Heads shall establish and maintain a job description for each position. Administration will maintain the official copy of each current job description for regular positions. 7.3 Performance Reports Department Heads and Supervisors shall conduct performance evaluations with regular employees on an annual basis. Evaluations may be conducted more frequently if an employee's performance is unsatisfactory, there are changes to the position or as determined by the supervisor. Performance evaluations should be discussed with the employee before being submitted to the City Manager. Performance evaluations shall be retained in the employee's personnel file. • 7.4 Employee Identification Card Policy Y All full -time and part-time regular employees out in the field and /or conducting inspections are required to have a City employee identification card. Employee identification cards are available in the Administration office. Upon termination with the City of Brooklyn Center, employee identification cards must be returned to the Administration. • 14 City ofBrooklvn Center SECTION 8 - LEAVE BENEFITS 8.1 Official City Holidays New Year's Day January 1 Martin Luther King Day Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day First Monday in September Columbus Day Second Monday in October Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Day December 25 One Personal Floating Holiday (See description below) When a holiday falls on a Saturday or Sunday, the preceding Friday or following Monday is a holiday for employees whose normal work schedule is Monday through Friday. Employees may observe a religious holiday on days which do not fall on Sunday or a legal holiday. Observance of such a religious holiday must be taken off without pay except where the employee has accumulated vacation and in that case such religious holidays may • be charged against such leave accumulations at the option of the employee. Employees who are in collective bargaining must check their agreements and follow contract language for holiday schedules. In order to be paid for Holiday leave, the benefit earning employee must be working or using vacation, sick or other approved paid leave on both the day before and after the holiday. 8.2 Personal Floating Holiday - Regular Full -time Employees Employees have one eight hour personal floating holiday per year which is taken off as a lump sum at the employee's discretion, unless staff and City Manager agree otherwise to collectively arrange to take the personal floating holiday on the same day. The personal holiday must be used within the calendar year or lose it. The request for use of a personal holiday follows the request for vacation. 8.3 Vacation Leave - Regular Full -time Employees 1. Regular employees shall earn vacation leave at the rate of 6.67 hours for each calendar month of full -time service or major fraction thereof. Regular employees with five consecutive years of service through 10 consecutive years of service shall earn vacation leave at the rate of 120 hours per year. Regular employees with • more than ten consecutive years of service shall earn vacation leave according to the following schedule: 15 City or Brooklyn Center During 1 lth year of service 128 hours per year. During 12th year of service 136 hours per year. During 13th year of service 144 hours per year. During 14th year of service 152 hours per year. During 15th year of service 160 hours per year. In the best interest of the City, vacation leave in excess of the established amount specified in this section may be granted by the City Manager. Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional vacation leave. 2. Probationary Period No accrued vacation may be taken during the first six - months of the probationary period for newly hired employees. Vacation begins accumulating in accordance with date of hire. 3. Usage Vacation leave may be used as earned after the first six months of employment, except that the City Manager shall approve the time at which the vacation leave may be taken. 4. Xiininrttm Pearly Vacation Use Each full -time employee must expend a minimum of 80 hours of vacation each calendar year. Newly hired employees may request in writing to the City Manager to allow carrying over vacation from their first year. 5. Vacation accumulation Vacation accumulation, including the current vacation earned from year to year, may not exceed a total accumulation equal to one and one -half times the number of hours the employee is currently earning in one year. The total number of vacation hours accrued may not exceed 230 hours, except where approved in writing by the City Mana 8.4 Sick Leave - Re;ular Full -Time Employees Sick leave with pay shall be granted to probationary and regular full -time employees for each calendar month of full -time service or major fraction thereof. Sick leave shall accrue at the rate of eight hours per month until 960 hours have been accumulated, and at the rate of four hours per month after 960 hours have been accumulated. Employees using earned sick leave shall be considered to be working for the purposes of accumulating additional sick leave. In the best interest of the City, an advance of a maximum of 96 hours of sick leave which must be earned before additional hours accumulate may be granted by the City Manager to • newly hired employees who have a minimum of five years of job experience which is directly related to the position for which they are hired. 16 City of Brooklyn Center • Sick leave may be taken only to the extent that it is earned. Sick leave may be used for illness, injury, employee assistance program, or by necessity for medical or dental care. Sick leave may be used by the employee to care for the employee's spouse, dependents, children, or parents in case of illness or as otherwise approved by the City Manager. The City Manager may require a medical certificate as may be deemed necessary before approving the utilization of sick leave. Sick Leave Request Employees must notify their immediate supervisor on the first day of sick leave and each day of sick leave request before the start of his or her shift unless otherwise required by the supervisor. When possible, sick leave must be requested in advance. Sick Leave Severance Severance pay in the amount of one -third the accumulated sick leave employees have to their credit at the time of resignation, retirement, or death shall be paid to employees who have been employed for at leave five consecutive years. If discharged for cause, severance pay shall not be allowed. 8.5 Workers' Compensation An employee who is temporarily disabled from work by an injury or illness sustained in the performance of the employee's work with the City, may be eligible for Workers' o Compensation payment and additional salary through the use of accrued sick leave. The total of the Workers' Compensation check and the accrued sick leave compensation may not exceed the employee's normal gross pay. For more information on Workers' Compensation contact your supervisor or the City Clerk. 8.6 Official Record - Sick, Vacation, and Compensatory The City's computerized payroll system is the official record for sick, vacation and compensatory balances. 8.7 Funerals Earned sick leave may be taken in the event of a death in an employee's immediate family. In this section, the term "immediate family" includes spouse; dependents; parents; grandparents, sisters; brothers; mother and father -in -law; sister or brother -in -law; grandchildren; nieces and nephews. The length of leave will be determined by the Department Head and the City Manager. 8.8 Military Leave for Training Purposes Employees who are members of any reserve component of the military forces of the United States or National Guard, will be granted leave of absence without loss of status or pay not to exceed 15 working days per year when ordered to training or active service. The City must receive a copy of the orders from the proper authority directing the employee to report to duty. Military leaves of absence with or without pay shall be • granted as provided in Minnesota and Federal Regulations. 17 City of Brooklyn Center 8.9 Jury Duty Any regular or probationary employee who is required to serve as a juror or who is under subpoena as a witness in court on City matters, will be granted leave with pay while serving in such capacity. Th employee must give any fees received for such service with the exception of mileage to the City. Temporary employees will be given leave without pay and may retain all fees received. 8.10 Bone Marrow Donation Leave A regular or probationary full -time or temporary employee who averages 20 or more hours per week throughout the calendar year, who seeks to undergo a medical procedure to donate bone marrow will be granted up to 40 hours of paid leave. The City may require a verification by a physician of the purpose and length of each leave requested. 8.11 Parent Leave for School Conferences In compliance with MN Statutes IS 1.9412; regular employees may leave up to a total of 16 hours during any school year to attend school conferences or classroom activities related to the employee's child, provided the activities cannot be scheduled during non- working hours. Parental leave must be requested in writing in advance and processed through the Department Head or Supervisor. An employee may request use of vacation or leave without pay to a maximum total of 16 hours during a calendar year. 8.12 Leave of Absence Leave of absence without compensation may be granted by the City Manager for up to six • calendar months to an employee for any reasonable purpose and extended by the City Manager r for any y reasonable period. Employees must submit a written request for personal leave to the department head and, if approved, the Department Head must submit the request to the City Manager. The City Manager may extend the leave of absence if it is found to be in the best interest of the City. 8.13 Family Medical Leave Act - FMLA Family Leave is governed by the Family Medical Leave Act of 1993 and Federal Regulations. The following is a summary of the Family Medical Leave Act and how it applies to employees of the City of Brooklyn Center. 1. Eligible Employees Eligible employees are those who have: a. Been employed by the City of Brooklyn Center for at least one year; and b. Have worked a minimum of 1,250 hours within the previous 12- month period. • 18 CZ of Brooklyn Center ?. Circumstances Covered by Family Leave FMLA leave will be granted to an eligible employee for any of the following • reasons: a. To care for their child (birth, placement for adoption, or foster care with the employee); b. To care for their spouse, son, daughter, or parent who has a serious health condition; or C. For a serious health condition that makes an employee unable to perform their job duties. 3. Serious Health Condition A serious health condition is an illness or injury that involves: a. An overnight stay in a hospital, hospice or residential medical care facility, and any period of incapacity or subsequent treatment in connection with such medical care; and b. A period of incapacity of more than three consecutive calendar days (including any subsequent treatment period of incapacity relating to the same condition) that also involves: 1. Treatment two or more times by a health -care provider or certain 0 others (e.g., a nurse or physical therapist) under the supervision of or referral by a health -care provider; or ?. Treatment by a health -care provider at least once which results in a regimen of continuing treatment under the health -care provider's supervision. C. Any period of incapacity due to pregnancy or for prenatal care. d. A chronic condition which: 1. Requires periodic visits for treatment by a health -care provider or a person supervised by a health -care provider; Continues over an extended period of time (including recurring episodes of a single underlying condition); and 3. May cause episodes of incapacity rather than a continuous period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). e. A period of incapacity which is permanent or long term due to a O condition for which treatment may not be effective. A person must be 19 City of Brooklyn Center under the continuing supervision of, but need not be receiving active treatment by, a health -care provider (e.g., Alzheimer's, a severe stroke, is or the terminal stages of a disease). f. Any period of absence to receive multiple treatments for restorative surgery after an injury or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention (e.g., cancer chemotherapy, kidney dialysis, etc.). 4. Length of Leave The length of FMLA leave is not to exceed 12 weeks in any 12 -month period. The entitlement to FMLA leave for the birth or placement of a child expires 12 months after the birth or placement of the child. 5. Leave Year The leave year will begin the first day the employee is absent from work on FMLA leave, or calendar year - final determination to be made by City Manager. 6. Notice The employee must give the City at least 30 days advance notice if the leave is foreseeable. If leave must be taken in less than 30 days, the employee should • give as much notice as is practicable. 7. Medical Certification The employee must provide a medical certification if the leave is for the serious health condition of a child, spouse, parent or the employee. The City may require a second or third medical opinion at the City's expense. 8. Use of Annual Leave and Sick Leave The employee may choose to use accrued annual leave while on any FMLA leave, but will not be required to do so by the City. Those employees with accrued sick leave banks may choose to substitute sick leave in place of annual leave, or they may choose to supplement their leave with sick -leave hours after their annual leave has been depleted. The use of annual leave and /or sick leave occurs simultaneously with FMLA leave and does not extend the length of FMLA leave. 9. Both Spouses Employed by City When both spouses are employees of the City, each spouse may take up to 12 weeks of FMLA leave per leave year. The leaves may run simultaneously. • 20 City of Brooklyn Center 10. Continuation of Insurance and Payment of Premiums An employee on FMLA leave may choose to continue existing health -care benefits (health and dental) and life insurance if they so desire. These benefits will be maintained under the same conditions and at the same level of City contribution as before the employee goes on leave. If there are changes to the City's contribution levels and /or premium rates while the employee is on leave, those changes will take place as if the employee were still on the job. The employee will be required to continue payment of the employee portion of the health -care and /or other insurance coverage they choose to continue. The employee may choose not to retain health -care or other insurance coverage during FMLA leave. When the employee returns from leave, they will be reinstated on the same terms as prior to taking leave, without any qualifying period, physical examination, exclusion of pre- existing conditions or other requirement. 11. Premium Reimbursement The employee will be required to reimburse the City for any premiums paid during the leave if the employee does not return to work, unless the employee cannot return to work due to the continuation of a serious health condition of the child, spouse, parent or employee, or due to other circumstances beyond the control of the employee. • 12. Effect on Benefit. Accrual The employee will not accrue benefits such as annual leave while on unpaid FMLA leave. Step increases will be extended by the length of the leave. 13. Key Employees Employees who are not "key" employees will be reinstated to their same position or an equivalent position upon return from leave with equivalent pay, benefits- and working conditions. A key employee is defined as a salaried employee who is in the highest ten percent of all employees. Key employees may be denied reinstatement to the same or an equivalent position after a leave if denial is necessary to prevent substantial economic injury to the City's operations. (A "key" employee is a salaried, "eligible" employee who is in the highest paid ten percent of employees within 75 miles of the work site.) 8.14 Limitation of Grants of Leave without Compensation Sick leave and vacation leave accruals will not accumulate during leave of absence without compensation, accrued amounts of both sick leave and vacation leave will remain on the record at the inception of the leave of absence and shall continue upon the return of the employee. If the leave extends for more than 3)0 days, health and dental coverage and life • insurance premiums must be paid in full by the employee during such leave or the coverage will lapse. 21 City of Brooklyn Center For leaves without compensation of 30 days or less, the City will continue its normal premium contribution or as policy allows. • 8.15 Leave Extension Request Failure on the part of the employee to request and receive authorization for an extension of leave within three working days of expiration of initial leave is considered as a resignation from employment. 8.16 Reinstatement From Leave of Absence 1. An employee returning from leave must notify the employee's supervisor at least two weeks prior to the anticipated return date. 2. Upon return from a leave of absence, the employee will be assigned to the previously held position or a position in a comparable class except as herein provided. J. An employee may be returned to employment at any time prior to the expiration of the leave by the action of the City Manager. 4. Employees returning from leave will retain all previously accrued benefits of employment and seniority. 8.17 Inclement Weather On days when severe weather occurs, the City of Brooklyn Center offices, operations and facilities will remain open. When severe weather conditions prohibit an employee to report to work or an employee leaves work due to weather, the employee will use either • vacation leave or unpaid leave for such absence unless otherwise determined by the City Manager. 22 City of Brooklyn Center SECTION 9 - SEPARATION FROM EMPLOYMENT • 9.1 Resignations 1. To leave employment in good standing employees must submit written resignation to the employer. Such written notices must indicate the effective date of resignation and must be submitted at least fourteen (14) calendar days before such effective date. Failure to comply with this procedure may be considered cause for denying future employment by the municipality and denial of benefits. 2. Unauthorized Absences. Unauthorized absence from work for a period of three working days may be considered as resignation without benefits. 9.2 Dismissal The City retains the right to an immediate discharge of an employee. 9.3 Lay -Offs The City Manager may lay off any employee whenever such action is made necessary by reason of shortage of work or funds, the abolition of a position, or because of changes in the organization. A full -time benefit earning employee who is laid off from employment shall be provided with a minimum of 14 days advance notice of such layoff or as provided for in Labor Agreement. • A laid off full -time benefit earning employee shall have the rights to recall to the same position from which the employee was laid off for up to six months (180 calendar days) following the layoff. Part-time, seasonal, temporary, non - benefit earning employees may be separated from employment at any time, without advance notice and shall have no recall rights. 9.4 Benefits for City Retirees On August 13, 1990, Brooklyn Center City Council adopted Resolution 90 -166 establishing Retirement Health Insurance Program: Benefits for City Retirees have continued to be approved by Council through the date of adoption of this document. It is in the best interest of the City of Brooklyn Center that retiring employees have available to them at their option a duality health insurance program. Therefore the City established a Retirement Health Insurance Program as follows: 1. Severance Pay Severance pay in the amount of one -third the accumulated sick leave employees have to their credit at the time of resignation, retirement, or death shall be paid to employees who have been employed for at leave five consecutive years. If dischar�,ed for cause severance pay shall not be allowed. 2. Benefits for City Retirees • Qualified employees shall have the option of retaining membership in the City of Brooklyn Center's employee health insurance plan for which the City will pay the single- person premium until such time as the retiree is eligible for 2 3 Medicare coverage or at age 65, whichever is sooner. If the retiree desires to continue the family coverage and if such coverage is available under the City's policies, the additional cost for family coverage shall be paid monthly by the retiree to the City of Brooklyn Center. To qualify under this program, an employee, on the day of his /her retirement, must meet eligibility requirements for a full- retirement annuity under PERA or PERA Police without reduction of benefits because of age, disability, or any other reason for reduction. In addition, to be eligible for this program, an employee must have been employed full time by the City of Brooklyn Center for the last ten consecutive years prior to the effective date of his /her retirement. Employees participate in this program on a voluntary basis. Eligible employees, as described in the provision above, who become disqualified from participation under the policies of the City's health insurance carriers because of a move out of the service area of such carriers, may elect to continue participation in this program as follows: The employee may recommend to the City an insurance carrier providing health insurance in the area to which the employee has moved. Upon approval of the carrier by the City, qualification for coverage by the employee and submission of any additional information reasonably required by the City, the City will make monthly payments to the carrier on behalf of the employee for premiums for such policy up to the amount paid by the City for the lowest sin person • premium of the City's employee health insurance plans at the time of payment. Any additional amount required shall be paid by the eligible employee. Eligible employees electing this option must prove residence in a non - covered geographic area and must submit a written notice of election to the City Manager on a corm provided by the City. Once an eligible employee has been removed from coverage under the City's group health insurance plans pursuant to such an election, the employee may not thereafter re -enter the group and will not be covered under the City's group policies. • 24 ECTION 10 - CONDUCT AND ETHICS . 10.1 Sexual Harassment Prevention Policy This sexual harassment policy applies to all officials and employees of the City including regular full -time and regular part-time employees, elected and appointed officials, temporary, seasonal and non - regular employees, employees covered or exempted from personnel rules or regulations, and independent contractors and consultants. Sexual harassment is a form of sex discrimination prohibited by state and federal law. Employees have the right to a workplace free of sexual harassment. The City will not tolerate sexual harassment of its employees by anyone- supervisors, other employees, officials or citizens. Persons harassing others will be promptly and firmly disciplined. All personnel must become familiar with the policy and comply with it. 10.2 Definition of Sexual Harassment Sexual harassment includes, but is not limited to, unwelcome sexual advances, request for sexual favors, sexually motivated physical contact, or communication of a sexual nature when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of employment or public service; e 2. Submission to or rejection of such conduct by an employee is used as the basis for an employment decision such as promotion, assignment, demotion, discipline, or discharge; 3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. 10.3 Examples of Sexual Harassment Behavior that could be considered sexual harassment may include: I . ti'erbal harassment (e.g., sexually- oriented comments, innuendoes, or derogatory remarks), 2. Physical harassment (e.g., unwelcome touching, gestures, assault, impeding one's movement or other physical contact that an employee finds offensive); 3. Visual forms of harassment (e.g., derogatory posters, letters, poems, graffiti, cartoons or drawings); or 4. Requests for sexual favors or unwelcome sexual advances. • 25 10.4 Reporting Procedure Employees who believe they have experienced sexual harassment or who know of conduct they believe might constitute sexual harassment toward an employee, are required to report it to their supervisor or department head, the Assistant City Manager/ Human Resources Director or the City Manager. The Supervisor or Department Head who receives the report should inform the Assistant City Manager/Human Resources Director or the City Manager in confidence as soon as possible. If any employee directly receives an oral or written complaint from an alleged victim of sexual harassment, he or she must immediately forward the complaint to the Assistant City Manager/Human Resources Director or the City Manager or direct the alleged victim to report the incident. Failure to forward a report of alleged sexual harassment to the appropriate person could result in disciplinary action against the person who neglected to make the report. 10.5 Investigation and Recommendation Upon receiving any report alleging sexual harassment, the Assistant City Manager/Human Resources Director or City Manager will conduct an investigation. To the extent possible, the allegations and investigation will be kept confidential. An alleged victim may have a staff person of the same gender present during all contacts with the Assistant City Manager/Human Resources Director. The alleged victim and any witnesses may be asked to put their reports in writing. If the facts are found to support the allegations, the harasser will be subject to disciplinary action up to and possibly including immediate termination depending on the circumstances and severity of the harassment. The Assistant City Manager/Human Resources Director may report on the investigation and its results to the City Manager. The City will keep a complete record of the nature of the complaint, its investigation and its resolution. Pending completion of the investigation, the designated personnel representative may take any appropriate action necessary to protect the alleged victim, other employees, or citizens. Anyone who makes a false complaint of sexual harassment or anyone who gives false information during a sexual harassment investigation could also be subject to disciplinary action up to and including immediate termination. The City may also discipline any individual who retaliates against a person who testifies, assists or participates in any manner in a sexual harassment investigation. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. 10.6 Drug -Free Workplace Policy The City recognizes the value of having a drug -free workplace and in conjunction with the Drug -Free Workplace Act of 1988 adopts the following policy 26 1. The unlawful manufacturing, distribution, dispensation, possession or use of a controlled substance is prohibited in the workplace. For purposes of this section, the term "controlled substance" is defined as a controlled substance which appears to Scheduled I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812). 2. A violation of this drug -free policy constitutes "just cause" for disciplinary action, Lip to and including immediate suspension or termination, or both. 3. As a condition of employment, employees will abide by the terms and conditions of this drug -free policy and will notify their department head of any criminal drug statute conviction for which a violation occurs in the workplace within five calendar days after such conviction. 4. The City will notify the contracting agency within ten calendar days after receiving actual notice of an above conviction. 5. Within 30 days of receiving notice from an employee of a drug related workplace conviction, the City may require an employee to satisfactorily participate in a drug abuse assistance or an appropriate rehabilitation program. 6. The City will establish a drug -free awareness program to inform employees about: • a. the dangers of drug abuse in the workplace; b. the policy of maintaining a drug -free workplace; C. the availability of drug counseling, rehabilitation and employee assistance programs; d. the penalties that may be imposed upon employees for drug abuse violations. Each situation will be evaluated on a case -by -case basis depending upon the severity and circumstances. The City will make a good faith effort to continue to maintain a drug -free workplace through implementation of this policy. 10.7 Gifts and Gratuities An employee may not solicit am gill or gratuity from any other employee or member of the general public. In no instance may a gift or gratuity be solicited or even hinted. In no instance may any gift or gratuity be accepted by a City employee, even if the gift or gratuity was unsolicited. There are very limited exceptions to what is considered a gift or gratuity. The exceptions include: 1. A plaque or similar memento recognizing an individual's services in a field of specialty • or to a charitable cause. 2. A trinket or memento of insignificant vahie. 27 3. Informational materials of unexceptional value. • 4. Food or beverage given at a reception, meal, or meeting away from your normal place of work by an organization before whom you are appearing to make a speech or answer questions as a part of a program. All other gifts of food or beverage are prohibited. Vendor contributions to a meeting of local officials for breakfasts, hospitality rooms, snacks, or refreshments are prohibited. S. Usual or customary gift giving among employees during the holiday season, birthdays, retirements, weddings, baby showers, rolls, cookies, flowers. etc., provided by coworkers. 6. Gifts from a family member. Good judgment is advised. When you are faced with a situation concerning the acceptance of an item, you should seek approval from your supervisor prior to its acceptance and, if not resolved with your supervisor, proceed up the departmental ladder. It is important that each of us maintain high standards of public service and remain within the letter and spirit of ethical behavior. 10.8 Smoking Policy Smoking is prohibited in City buildings and vehicles. 10.9 Membership on Advisory Commissions City employees are, pursuant to City Council policy, ineligible for appointment or service 0 on City Advisory Commissions. City employee participation with commissions is assigned by City Manager. • 28 SECTION 11 - EXPENSE REIhIBURSEMENT POLICY e 11.1 Ntileage Reimbursement Personal automobile use for authorized trips, meetings, work, etc., will be reimbursed at the rate consistent with IRS regulations. Mileage reimbursement requests must be in writing and approved by the Department Head. Use of personal vehicle for work purposes must be pre - approved by the Department Head. 11.2 Personnel Expense Reimbursement Reimbursements of travel expenses are intended to refund actual costs incurred by City employees and officials while traveling as authorized representatives of the City of Brooklyn Center. In order to qualify for travel reimbursement, trips to a destination exceeding 100 miles from Brooklyn Center must have the prior approval of the City Manager. Requests for travel advances intended to defray costs incurred while on a trip and prior to submission of an expense report shall be submitted to the City Manager for approval at least seven days in advance of the trip. Travel advances shall be limited to 90 percent of the estimated expenses for lodging, meals, and other related travel expenses. Costs of transportation and registration shall be advanced in full. A. A properly verified, itemized expense claim shall be submitted to the City Manager for approval within ten days following the date of return from an authorized trip. Expense claims shall be accompanied by receipts for: • 1. Transportation costs to and from the destination via coach, tourist, or economy class transportation. 2. Lodging costs not to exceed a reasonable single- occupancy rate as determined by the City Manager. 3. Conference or meeting registration fees. 4. Any unusual items for which advance approval has been obtained from the City Manager. B. The mode of transportation must be approved by the City Manager prior to any authorized trip. Personal automobile use for authorized trips will be reimbursed at a rate consistent with IRS regulations, or an amount equal to air travel tourist class, whichever is lesser. C. Reimbursement for meals while on authorized travel will be for actual expenditures. See current pay plan for maximum allowable amount. D. Employees and officials of the City shall be reimbursed for individual or actual meal cost unless meal cost is part of function. See current pay plan for maximum allowable amount. • ?9 11.3 Accrual of Benefits for Airline For City Business City employees /officials using City funds, traveling on City business and using commercial airlines cannot claim frequent flyer mileage or any other similar type credit as their own. Employees /officials must certify that they have not claimed frequent flyer mileage or similar such credits for personal use when they apply for travel reimbursement for City trips. Employees /officials are encouraged to obtain a separate frequent flyer card exclusively for City travel. Employees /officials must use frequent flyer tickets earned while traveling on City business for City travel. Employees /officials cannot use frequent flyer miles as reimbursement for City trips. 11.4 City Vehicles Certain employees of the City are required to drive a City vehicle to their home and keep it there while off duty. They must do so to be able to respond to emergency situations. These emergency situations include fire and police protection, civil defense, and restoring City services such as water, sewer, and streets. It may also be necessary to keep a City vehicle at home for security purposes or other City business purposes. These vehicles must be used for City business use only and cannot be used for the personal use of any employee. Such use is assigned and approved by the City Manager. The employees who are authorized to keep a City vehicle at their home on a regular basis while off duty are as follows 1 Chief of Police 2 Police Captains 3. Fire Chief 4. Public Works Superintendent 5. Supervisor of Street and Parks Maintenance 6. Supervisor of Public Utilities 7. Liquor Stores' Manager • 30 SECTION 12 - LIGHT DUTY POLICY • 12.1 Purpose The purpose of this policy is to establish guidelines for temporary assignment of work to temporarily disabled employees who are medically unable to perform their regular work duties. Light duty is evaluated by the City Manager on a case -by -case basis. This policy does not guarantee assignment to light duty. 12.2 Policy The City of Brooklyn Center's Light Duty Program is for short -term, temporary disability -type purposes; assignment of light duty is at the discretion of the City Manager. The City Manager reserves the sole right to determine when and if light duty work will be assigned. 12.3 Procedure: Applying for Light Duty Work When an employee is unable to perform the essential requirements of the employee's job due to a temporary disability, the employee will notify the City Manager or Department Head in writing as to the nature and extent of the disability and the reason why the employee is unable to perform the essential functions, duties, and requirements of the position. This notice must be accompanied by a physician's report containing a diagnosis, current treatment, and any work restrictions related to the temporary disability including the expected time frame regarding return to work full time with no restrictions, meeting all essential requirements and functions of the City's position description along with a written request for light duty. The City may require an independent evaluation conducted by a physician selected by the City to verify the diagnosis, current treatment, expected length of temporary disability, and work restrictions. It is at the discretion of the City Manager whether or not to assign light duty work to the employee. Although this policy is handled on a case -by -case basis, light duty is recommended to last no lon than six months. The circumstances of each disabled employee performing light duty work will be reviewed regularly. 31 SECTION 13 - DECLARATION OF POLICY OF AFFIRMATIVE ACTION • This is to affirm the City of Brooklyn Center's policy of providing Equal Opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity /Affirmative Action laws, directives and regulations of Federal, State, and Local governing bodies or agencies thereof, specifically Minnesota Statutes 363. The City of Brooklyn Center will not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, sexual or affectional orientation, disability, age, marital status, status with regard to public assistance, or familial status. The City of Brooklyn Center will take Affirmative Action to ensure that all employment practices are free of such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The City of Brooklyn Center will commit the time and resources reasonably necessary, both financial and human, to achieve the goals of Equal Employment Opportunity and Affirmative Action. The City. of Brooklyn Center will evaluate the performance of its management and supervisory personnel on the basis of their involvement in achieving these Affirmative Action objectives as J well as other established criteria. Any employee of this City who does not comply with the Equal Employment Opportunity policies and procedures as set forth in this statement and plan may be subject to disciplinary action. No part of this program is to be construed as a contract between the City of Brooklyn Center and any individual employee. It does not describe in any way the terms and conditions of employment of City employees. Such terms and conditions are set forth in, and the employment relationship is governed by, applicable collective bargaining agreements, employment agreements, or the personnel rules of the City. The City of Brooklyn Center has appointed the Assistant City Manager/Human Resources Director to manage the Equal Employment Opportunity /Affirmative Action program. The Assistant City Manager /Human Resources Director's responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this Affirmative Action program, as required by Federal, State and Local agencies. Brooklyn Center City Manager will receive and review reports on the progress of the program. If any employee or applicant for employment believes he /she has been discriminated against, please notify the Assistant City Manager /Human Resources Director, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, >j430 -2199, or call (612) 569 -3300. e 32 470 Pillsbury � Center /1 200 South Sixth Street c, _ M= Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax • e -mail: attvsCa graven.coni CHARTERED CHARLES L. LEFEVERE Attorney at Law Direct Thal (612) 337 -9215 July 30, 1997 Mike McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 RE: Regulation of Pull Tabs Dear Mike: Attached, for consideration by the City Council, is a proposed ordinance amendment relating to • the sale of pull -tabs. I should first note that the Brooklyn Center Ordinances allow pull -tabs as the only permissible form of charitable gambling. Under state law, other forms such as tipboards and paddle wheels are also allowed. Minnesota Statutes, Section 349.213, subd. 1(c) authorizes cities to prohibit the use of paddle wheels but requires that other regulations or prohibitions of lawful gambling apply equally to all forms of lawful gambling within the city. This could be interpreted to restrict the ability of the city to prohibit forms of gambling other than paddle wheels. On the other hand, subdivision 1(a) of the same section authorizes the city to adopt more stringent regulation of lawful gambling then state law, and I am informed by Steve Peterson, of the &" a i_ _.il .'... s,, i• L1:� !�_ _.. -I T .._; U L. t A L„ _ iL.....uu.� :.✓�.rua aii.,u 1. vi 3.:::. :. - a::i iiu v.G >Li ua1tV1311 �,.VIIU ::. ' 0a l:, it liii L11G Jltll� vv Vii iii ,IVs w concerned about the city's prohibition against forms of gambling other than pull -tabs. Therefore, I am not suggesting that the ordinance provision limiting gambling to pull -tabs be amended. Sections 1 and 2 of the attached ordinance amendment relate to the limitations on expenditures of charitable gambling proceeds. The current ordinance requires a significant amount (90% over a 3 year average) of proceeds to be contributed within the City of Brooklyn Center. Such a restriction is no longer authorized by state law. Minnesota Statutes, Section 349.213, subd. 1(b) does, however, authorize a city to require that all, or a portion of the charitable organization's expenditures of gambling proceeds be expended on lawful purposes conducted or located within the city's trade area. The statute also specifies that a trade area must include each contiguous • city. The attached ordinance provides that all of the money expended for lawful purposes must be expended in the cities of Brooklyn Center and cities contiguous to Brooklyn Center. This is CLLiz7548 BftL' 1 i Mike McCauley • July 30, 1997 Page 2 the most restrictive provision allowed by state law. However, if the council wished to have a less strict requirement, it could do so. A less strict requirement could either expand the number of cities within which the lawful expenditures are made or reduce the percentage of lawful expenditures which are subject to the regulation. Therefore, if the City Council wishes to adopt a less strict provision relating to the area within which the charitable organization must expend its gambling proceeds, it should provide direction to the staff as to its wishes. Section 3 of the attached ordinance deletes the provision of the current ordinance which limits the number of organizations permitted to sell null -tabs on 'a licensed premises to one. Sharon Knutson is conducting a survey of nearby cities to determine whether other such cities have similar limitations in their ordinances. If, after consideration of the results of Sharon's survey, or any other relevant information, the City Council wishes to leave the ordinance in its current form, Section 3 of the attached ordinance can simply be deleted. Please give me a call if you have any questions. Very truly yours, e Charles L. LeFevere CLL /cmm Enclosure • /`,d° CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 8th day of September, 1997, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapters 11 and 23 of the City Ordinances Relating to the Sale of Pull -Tabs. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 11 AND 23 OF THE CITY ORDINANCES RELATING TO THE SALE OF PULL -TABS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 11 of the City Ordinances is amended as follows: Section 11 -717. GAMBLING REGULATIONS. 1. Only licensed charitable nonprofit organizations that have been in existence in Brooklyn Center for at least three years and who earAribute the majority may be allowed to sell pull -tabs on the premises. 3. 9nly atte eharitable argattitation shall be permitted to sell pull tabs Ott the lieensed. 4 3. The licensee may not be reimbursed by the charitable organization for any license or permit fees, and the only compensation which the licensee may obtain from the charitable organization is the rent fixed in the lease agreement. 3 4. The licensee must commit to a minimum of twenty -five (25) hours of sales of pull -tabs for the charitable organization per week. 6 5. The licensee shall be responsible for the charitable organization's conduct of selling pull -tabs. The city council may suspend for a period up to sixty (60) days or revoke the licensee's permission to allow gambling on the premises for any violation of state or local gambling laws or regulations that occur on the premises by anyone, including the licensee or the charitable organization. • Any violation may also be considered by the city council as grounds for suspension or revocation of the on -sale liquor license. ORDINANCE NO. • Section 2. Chapter 23 of the City Ordinances is amended as follows: Section 23 -1902. PULL -TABS SALE IN ON -SALE PREMISES. 3. lawful gambling to lawful purposes within the Gity of Braak4yn Genter- rzaicc; the work - - The organization must expend all of its expenditures for lawful purposes conducted or located within the city's trade area This restriction applies only to lawful purpose expenditures of gross profits derived from gambling conducted at premises within Brooklyn Center.- The city's trade area is defined as the cities of Brooklyn Center. Brooklyn Park Minneapolis Crvstal. Robbinsdale and Fridley . Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. • Adopted this day of , 1997. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) • MEMORANDUM TO: Michael J. McCauley, City Man a er I ✓ FROM: Sharon Knutson, City Clerk c� T '� ��L ��✓u_ �� • DATE: August 5 1997 ` SUBJECT: Regulation of Pull -Tabs Survey of Cities At its July 28, 1997, meeting, the City Council discussed regulation of pull -tab operations as it relates to the number of charitable organizations permitted to sell pull -tabs on the premises of liquor establishments. The City Council requested a survey of nearby cities to determine whether such cities have similar limitations in their ordinances. I conducted a fax survey of 18 nearby cities (Maple Grove did not respond) posing the following question: "Does your City's ordinance provide that only one charitable organization be permitted to sell pull -tabs on the premises of a liquor establishment ?" X. s ....: Flo Bloomington X (provides for no more than 3 organizations per authorized location) Brooklyn Park X Champlin X Columbia Heights X Coon Rapids X Crystal X Edina X Fridley X Golden Valley X Minneapolis X Minnetonka X (does not allow pull -tabs at liquor establishments) New Hope X Plymouth X (does not allow pull -tabs at liquor establishments) Richfield X Robbinsdale X St. Louis Park X • Spring Lake Park X (limits the number of locations per organization; however, does not limit the number of organizations per location) City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: August 7, 1997 SUBJECT: Resolution Authorizing Application for Multifamily Super Request for Proposals The Council is asked to authorize the City Manager to execute grant applications for Minnesota Housing Finance Agency's Multifamily Super Request for Proposals, due to the state August 21, 1997. The grant application is being prepared by Management Intern Patricio Cajiao. The application will request the maximum amount of funds available ( $175,000) for purchase of one building at Lyn • River apartments. The activity to be undertaken with the grant funds would be acquisition and demolition, for the purpose of preparing the site to create an improved housing mix in the area. We also propose to submit a second application under the same grant program for the equivalent amount to provide monies to assist apartment owners /managers with building corrections and improvements and other necessary improvements. This would allow us to provide an incentive to obtain value adding improvements as a complement to our enforcement activities. We would target these monies, if received, for extraordinary improvements such as street closure, curbs, access controls, etc. • 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 • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION AUTHORIZING APPLICATION FOR MULTIFAMILY SUPER REQUEST FOR PROPOSALS WHEREAS, the City has identified eligible project(s) within the city that meets the Multifamily Super Request for Proposals criteria; and WHEREAS, the City has the institutional, managerial, and financial capacity to ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager is hereby authorized to apply to the Minnesota Housing Finance Agency for this funding on behalf of the City of Brooklyn Center and to execute such agreements as are necessary to implement the project(s) on behalf of the applicant, provided such grant agreements are received and approved by the City Council prior to execution of a binding grant agreement. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • - 7 MEMO TO`. Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning Speci ist .a ' SUBJECT: City Council Consideration Item - An Ordinance Amending Chapter 35 of the City Ordinances Regarding Buildings in R -1 and R -2 Districts DATE: August 1, 1997 On the August 11, 1997 City Council Agenda is a proposed ordinance amending Chapter 35 of the City Ordinances regarding buildings in the R -1 and R -2 districts. This ordinance amendment deals exclusively with accessory buildings in these zoning districts and has been the subject of discussion over the past few months. The City Council first considered an ordinance amendment to this particular section of the ordinance on May 12, 1997, at which time a Planning Commission recommended amendment which would prohibit the connection of sanitary sewer facilities to accessory buildings in the R -1 and R -2 zoning districts was considered. Planning Commission member, Rex Newman, appeared at the City Council meeting during discussion of this item and suggested that the current policy with respect to accessory buildings be reviewed by the Planning Commission. The City Council tabled the matter at that meeting and requested a staff report be brought back Which was on May 27, 1997. The City Council, following extensive discussion on this subject, took action to direct the Planning Commission to review and recommend accessory building regulations. Attached for your review are excerpts from the City Council minutes of May 12 and May 27, 1997 regarding this matter. The Planning Commission, following the City Council's direction, discussed the accessory building regulations at their May 29, June 26 and July 17, 1997 meetings and has recommended the current draft ordinance amendment for the City Council's consideration. Attached for your review are excerpts from the minutes of the meetings at which time the Planning Commission discussed this matter. The recommended ordinance amendment consolidates all accessory building regulations into one section of the zoning ordinance, that being Section 35 -530, dealing with buildings in the R -1 and R -2 districts. The recommended ordinance amendment also eliminates the 1,000 sq. ft. limitation on the size of a single accessory building and prohibits sanitary sewer hook -ups to accessory buildings in these zoning districts. The Planning Commission continues to recommend that there be no more than two accessory buildings per residential premises and that the total ground coverage of an accessory building or buildings not exceed the ground coverage of the principal building on the premises. ® The City Council concerns and direction to the Planning Commission were, I believe, that the accessory building restrictions on garage sizes were too restrictive and that, hopefully, the City could encourage single accessory building structures on premises. I believe the Planning Commission's recommendation is consistent with the City Council's direction and also continues to regulate the matters which they believe are important as well. It is recommended that the City Council, following discussion of this matter, have a first reading on the recommended ordinance amendment. CITY CotA Ntl(., MIPJWTSS e A motion was made by Councilmember Lasman to set June 9, 1997, for public hearing and second reading. The motion was seconded by Councilmember Carmody and passed unanimously. y AN LQ AMEND N CHAPTER 35 OF CITY ORDFt\T Pq R TARDINCT 7� BUILDNGS rN R -1 AND R -2 DISTRICTS City Manager McCauley explained that this ordinance is offered for a first reading and sets June 9, 1997. for public hearing and second reading. This ordinance amendment was recommended by the Planning Commission and prohibits connection of sanitary sewer to accessory buildings in R -1 and R -2 zoning districts. Rex Newman, Planning Commission member, suggested that the current zoning policy on accessory buildings be reviewed by the Planning Commission. A motion was made by Councilmember, Hilstrom to table this issue. The motion was seconded by Councilmember Carmody and passed unanimously. DISASTER RELIEF City Manager McCauley explained that FEEL -� (Federal Emergency - Management Association) has offered t reimburse public agencies for extraordinary costs incurred during the recent flood. Mr. McCauley 'will be responsible for executing the agreement with FELLA on behalf of the City. RESOLUTION NO 97 -47 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A SUB -GRANT AGREEivIENT `VITH THE ' fIti DEPARTMENT OF PUBLIC SAFETY FOR DISASTER RELIEF The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. v BROOKDALE PONDNG LEGISLATION UPDATE City Manager McCauley noted the progress in the Legislature for funding of the Brookdale Ponding bill due to the efforts of Speaker Carruthers and Senator Scheid. v `i' 1':97 - A motion was made by COUnCilmember Carmody to set a date of June 9, 1997, 5:;0 p. • Constitution Hall, fora dinner meeting with the Brooklyn Community Chamber of Commerce. The motion was seconded by Councilmember Peppe and passed unanimously. BU ORDINANCE AMENDNG CHAPTER 35 OF THE PITY ORDIN iy ES R GARDCNG BUILDN TS N R -1 AND R -2 DISTRICTS City Manager McCauley noted that the Council has had recent discussions reaarding accessory buiIdinas in the R -I and R -2 Districts in relation to a recent variance request under Planning Commission Application No. 97005 submitted by Mr. Timothy Thompson. 5945 Camden Avenue North. There are two areas in the Zoning Ordinance which regulate accessory buildings in these districts. One area allows accessory buildings or carports as permitted accessory uses provided the ground coverage of any ac cessory buildin o not exceed 1,000 t square feet, more q , than two accessory structures are permitted on one residential premises, and the total ground coverage of an accessory building or build' nQs not exceed the around coverage of the dweIlina building on the premises. The other area of the Zoning Ordinance requires accessory buildings to be separated from principal buildings or other accessory buildinQs by at least six feet, prohibits accessory buiIdinas within the side yard adjacent to the street of a corner lot, limits accessory buildings • to no more:than 15 feet in height, and prohibits accessory Q as well as some other structures from being used as a residence or dwelling. Councilmember Peppe stated that restrictions on garage sizes in the Zoning Ordinance were too restrictive. Planning and Zoning Specialist Ron Warren addressed several questions from the Council and asked Council's direction in how the Council wants the present ordinance amended. A motion vas made by Councilmember Carmodv to direct the Planning . Co mmissi onto review and recommend on accessory structure regulations. The motion was seconded by Councilmember Hilstrom and passed unanimously. REGULATION OF SECONDHAND GOODS DEALERS City tilanaQer McCauley noted City Attorney Charlie LeFevere's 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. Most of the regulatory provisions of the ordinance applicable to pawnshops would also apply to secondhand goods dealers. According the Mr. LeFevere, the Brooklyn Center City Code provisions relating to pav and secondhand goods dealers appear to be directed primarily to issues relating "; 9 � �.. r► N N f N L L..fl M nti 1 � p .v M t OJ TE S r Mr- Warren responded to Commissioner Reem's questions regarding the status of the Rainbow /Walgreen development, future plans of the 63rd Avenue liquor store and fire station, and the 50's Grill response to the recommended parkin; plan related to their small expansion. Mr. Warren noted the Council recently directed the Commission to review the ordinance regardim accessory buildings in residential districts. The Secretary reviewed the current regulations and applicable State Statute. The Commissioners participated in a preliminary discussion on the ordinance to provide the Secretary a basis to prepare draft ordinance language to reflect the Commissioners' views and concerns on potential revisions. In addition, the Commission is directed to consider further limitations regarding the location of pawnshops with respect to adjacent properties. The Commissioners agreed to discuss these topics at its June 26 study session. Chair Willson informed the Secretary and the Commissioners that he will be absent from the June 12 Commission meeting to attend his wife's college graduation ceremonies. ADJOURN MENT There was a motion by Commissioner Boeck, seconded by Commissioner Holmes, to adjourn the Planning Commissi 8:55 p.m. - g adjourned study session. The motion passed unanimously. The meeting at Chair Recorded and transcribed bv: Arlene Bergfa&, TimeSaver Off Site Secretarial • 9 -9 �L N �•+ra r N� �o ti..tM. r S S� o .v /✓t t rJ uT�s S The Council will consider the recommendation at its Monday, July 14, 1997 meeting. The applicant • must be present. Major changes to the application as reviewed by the Commissioners will require that the application be returned to the Commission for re- consideration. ORDINANCE AMENDING CHAPTER 35 Mr. Warren directed the Commissioners' attention to a draft ordinance amendment distributed at the meeting prepared by the Secretary based on the Commission's discussion at its May 29, 1997 meeting and a directive from the City Council. The amendment contemplates revising Chapter 35 regarding accessory buildings in the R -1 and R -2 zoning districts. The specific discussion point involves elimination of the current 1000 sq. ft. size or ground coverage limitation of an accessory building on a residential property. Mr. Warren reviewed applications regarding accessory buildings recently denied by the Commission and Council, explained the state statutes and city ordinance requirements regulating accessory uses, and responded to questions from the Commissioners. The Commissioners discussed the effects of increasing the allowable size of a single accessory building. They agreed to eliminate the 1,000 sq. ft. limitation on the size of a single accessory building and utilize State Building Code provisions only to limit the size of an accessory building. However, because of the size of existing homes and residential lots in Brooklyn Center it would not be appropriate to allow construction of any accessory building that would be larger in size than the primary residence. • The Commissioners agreed to editorial changes recommended b the Secret that sets forth the g Y �'Y limitations regulating accessory buildings in residential districts into Section 35 -530. This change removes the limitations from Sections 35 -310 and 311 and referencing Section 35 -530 so as to include all the limitations in one subsection for clarity and simplification. Commissioner Boeck suggested adding a clarifying phrase into Section 35 -310, 1.b.9: "The renting of not more than two sleeping rooms in the principal building, by a resident family, providing adequate off -street parking is provided." (New material underscored.) The Commissioners agreed to this clarification. ACTION REGARDING AMENDING CHAPTER 35 There was a motion by Commissioner Boeck, seconded by Commissioner Walker, to recommend to the Council that it approve the revisions recommended by the Secretary and suggested by Commissioner Boeck to Chapter 35 of the City Ordinances regarding buildings in R -1 and R -2 districts. The motion passed unanimously. However, recognizing this issue is of specific interest to Commissioner Newman who is absent from this meeting, the Commissioners agreed to table final action on the matter. • 6 -26 -97 4 There was a motion by Commissioner Boeck, seconded by Commissioner Holmes to table final • action to July 17, 1997 on the draft amendment to Chapter 35 of the city ordinances. The motion passed unanimously. OTHER BUSINESS Mr. Warren noted the next meeting of Commission is on July 17 and the Comprehensive Plan meeting is on July 21. Chair Willson informed the Secretary and the Commissioners that he will be absent from the July 17 Commission meeting. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to adjourn the Planning Commission study session. The motion passed unanimously. The meeting adjourned at 9:00 P.M. Chair Recorded and transcribed by: • Arlene Bergfalk Timesaver Off Site Secretarial • 6 -26 -97 5 �LA Nit N G CQ frvl fM f Z Lf O rJ � � IV fri?'f� s The Commissioners interposed no objections to approval of the preliminary Registered Land Survey • dividing Tract B, RLS 1619 into two parcels, subject to certain conditions. ACTION RECOMMENDING APPROVAL OF APPLICATION NO 97009, H T P O , INC There was a motion by Commissioner Boeck, seconded by Commissioner Holmes, to recommend to the Council that it approve Application No. 97008, a request submitted by H.T.P.O., Inc., to divide Tract B, RLS 1619, into two parcels to be known as Tracts A & B, of a yet unnumbered Registered Land Survey (RLS), subject to the following conditions: 1. The final RLS is subject to review and approval by the City Engineer. 2. The final RLS is subject to the provisions of Chapter 15 of the City Ordinances. 3. Appropriate driveway and cross access easements shall be developed and filed with the titles to the properties in question. These easements are subject to the review and approval of the City Engineer and City Attorney prior to final RLS approval. Voting for: Chair pro tern Holmes, Commissioners Boeck, Erdmann, Newman, Reem, and Walker. The motion passed unanimously. The Council will consider the recommendation at its Monday, July 28, 1997 meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioners will require • that the application be returned to the Commission for re- consideration. ORDINANCE AMENDING CHAPTER 35 REGARDING ACCESSORY BUILDINGS IN THE R -1 AND R -2 ZONING DISTRICTS Mr. Warren directed the Commissioners' attention to the draft ordinance amendment based on the Commission's discussion at its May 29 and June 26 meetings. He reviewed the changes which consolidates accessory building regulations into one zoning ordinance, eliminates the 1000 sq. ft. limitation on the size of a single accessory building, and utilizes the State Building Code to limit the size of an accessory building. The ordinance states that no accessory building shall be provided with sanitary sewer facilities, no more than two accessory buildings shall be permitted on any one residential premises, and the total ground coverage of the accessory building or buildings shall not exceed the ground coverage of the principal building/residence. A clarifying phrase is also added to Section 35 -310, l .b.9: "The renting of not more than two sleeping rooms in the principal building by a resident family, providing adequate off -street parking is provided." Mr. Warren noted that on June 26 the Commissioners tabled final action on the amendment to this meeting pending Commissioner Newman's comments. Commissioner Newman stated that after careful review of the issues, he concurs with the proposed ordinance amendments as outlined by the Secretary. • 7 -17 -97 3 ACTION REGARDING AMENDING CHAPTER 35 • There was a motion by Commissioner Newman, seconded by Commissioner Holmes, to recommend to the Council that it approve An Ordinance Amending Chapter 35 of the City Ordinances regarding Buildings in R1 and R2 Districts. The motion passed unanimously. OTHER BUSINESS Mr. Warren informed the Commissioners that the July 31 study session is canceled, and the next meeting of the Commission will be on Thursday, August 14, 1997. He noted the next meeting of the Comprehensive Plan task force is on Monday, July 21. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Walker, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:20 p.m. Chair Recorded and transcribed by: Arlene Bergfalk r TimeSaver Off Site Secretarial • 7 -17 -97 4 CITY OF BROOKLYN CENTER is Notice is hereby given that a ublic hearing will be held on the 8th day of S p g y p , 1997, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding Buildings in Rl and R2 Districts. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING BUILDINGS IN R1 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 -310. Rl ONE FAMILY RESIDENCE DISTRICT. • 1. Permitted Uses 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 fig limitations t set forth in Section 35 -530. be no greater than 1,000 square fee�. ORDINANCE NO. 4 bttildings shall not exeeed the ground eaverage of the dwelling bttilding. 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 include special home occupations as defined in Section 35 -900. 7. Signs as permitted by the Brooklyn Center Sign Ordinance. 8. 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 in the principal • building by a resident family, provided adequate offstreet parking is provided. 10. Tents, stands and other temporary structures for churches, charities, carnivals and similar purposes as provided by Section 35 -800 of these ordinances. 11. Rummage sales as defined in Section 35 -900. Section 35 -311. R2 TWO FAMILY RESIDENCE DISTRICT. 1. Permitted Uses 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. ORDINANCE NO. 3. Accessory buildings or carports, either detached or attached to the dwelling building, subject to the fallawing limitations t set forth in Section 35 -530. aa. The ground eoverage of a" single aeeessery bttilding shall be no greater than 1,900 square . building, or buildings shall not exeeed the gratind eaverage of the dwelling bttilding.' 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 include special home occupations as defined in Section 35 -900. 7. Signs as permitted by the Brooklyn Center Sign Ordinance. 8. 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 in the principal wilding by a resident family provided adequate offstreet parking is provided. 10. Tents, stands and other temporary structures for churches, charities, carnivals and similar purposes as provided by Section 35 -800 of these ordinances. 11. Rummage sales as defined in Section 35 -900. 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 ORDINANCE NO. 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 5. No more than two accessory buildings shall be permitted on any residential premises. • 6. The total ground coverage of the accessory building or buildings shall not exceed the ground coverage of the principal building 4 7. No basement, cellar, garage, tent, or accessory building shall at any time be used as a residence or dwelling, temporarily or permanently. 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 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 9. The width and the depth of the main portion of any dwelling built after July 23, 1983, shall be no less than 18'. • ORDINANCE NO. 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 indicates matter to be deleted, underline indicates new matter.) • 470 Pillsbury Center 7F 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone � , (612) 337 -9310 fax e -mail: atrvs@kennedvraven.com raven.com CHARTERED CHARLES L LFFEVERE Atlomey at Law Direct Dial (612) 337 -9215 August 1, 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 Mike: On July 29, 1997, I met with Jane Chambers, Captain Downer, and Captain McComb to discuss amendments to the ordinance regulating pawnshops and secondhand goods dealers. It was decided that we would recommend to the Council amendments which would exempt a number of additional kinds of secondhand goods dealers from the ordinance. These would include goods sold at a public market (such as a flea market), furniture which is not electronic, clothing provided no new clothing is sold, motor oil recyclers, charitable organizations selling donated goods, antiques or collectibles, used books and magazines, and secondhand sporting goods stores. Secondhand goods dealers selling goods on consignment would have somewhat relaxed requirements in that reporting to the Police Department would not be required; however, such businesses would be required to keep certain records. The Police Department felt that the ordinance should be "tightened up" in some ways to provide for more effective control of stolen goods. The Department will be reviewing the ordinance to recommend such changes. Additionally, it was decided that some additional investigation would be beneficial. Staff will be checking with other cities which have a high number of secondhand goods dealers to determine what their ordinances provide. Additionally, the Police Department wished to take a closer look at the regulation of sales of secondhand computer games. • LL 27sI BR2°: -20 Mr. Michael McCauley August 1, 1997 Page 2 While these investigations are underway, the Police Department will not actively enforce the current ordinance as it relates to existing secondhand goods dealers such as those dealing in used clothing, used sporting goods equipment, and used computer games. Very truly yours, Charles L. LeFevere CLL:lh cc: Captain Joel Downer Ms. Jane Chambers • BR3 ?1 -s0 City of Brooklyn Center A great place to start. A great place to stay. r MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manager DATE: August 6, 1997 SUBJECT: Police/Fire Bond Referendum I would request that the Council preliminarily indicate that a special election would be called for November 4, 1997, on the bond referendum for police and fire building construction, renovation, and furnishing. If that date was acceptable to the City Council, I would have the City Attorney draft the formal resolutions for the August 25, 1997, City Council meeting. At the August 25, 1997, Council meeting, the Council could then formally set the election date and establish the dollar amount for the bonds. It is my expectation that the work of the architect hired to update the 1989 study should be far enough along to have a viable cost estimate by the August 25 • meeting. While I had originally hoped to schedule a special election earlier than November 4, the process of updating the 1989 study with a new architect has, of course, delayed my original time schedule. Thus, I would propose November 4, 1997, in order to allow more time for the public to discuss and inform themselves regarding the issue surrounding the proposal. • 6301 Shingle Creek Pkwy, Brooklyn Center, iWN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 .Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer MEMORANDUM DATE: August 5, 1997 TO: Michael McCauley, City Manager FROM: Diane Spector, Director of Public Service - SUBJECT: Staff Report Re: Potential 1998 Street Improvement Projects Within the next few months the Council will review and act on the 1998 -2002 Capital Improvement Program (CIP). Included in the CIP is the proposed listing of street improvement projects to be completed during that time. The purpose of this memo is to identify in advance the specific projects proposed for 1998, and obtain authorization from the Council to go forward with field work, testing, and initial surveys. Given the constraints upon our resources in 1998, it is essential that we more accurately estimate costs to determine if there are adequate resources to move forward with all these projects in 1998, or if some projects or portions of projects must be reassigned to 1999. Two neighborhood projects are proposed: the Bellvue Park neighborhood, and in the northwest corner of the city, Grimes, Halifax, Indiana, and 70th east and south of St. Al's Church. Three mill and overlay projects are also proposed: John Martin Drive from TH 100 to Shingle Creek Parkway; • James and 67th Avenues north of Freeway Boulevard; and Lee and 68th Avenues between 69th Avenue and Brooklyn Boulevard. (See Figure 1) The Bellvue Park improvement would include 4th Street, Camden, Bryant, Colfax, and Dupont Avenues, all from 53rd to 55th; 55th Avenue from 4th Street to just west of Irving Avenue; and the street and utility improvements necessary for the 53rd Avenue Development and Linkage Project. This project would total just under 2 miles. The primary reasons for recommending this area for 1998 are: 1) to complete the major upgrade to the 55th Avenue trunk storm sewer begun in 1996 during the Logan/Knox/James project; 2) to upgrade infrastructure in this neighborhood as a part of the overall plan for revitalization; and 3) to correct areas of sanitary sewer root infiltration by replacing sewer main and services. Dupont Avenue is a state aid street, and state aid funds are available to help finance the improvement. Other financing sources would include special assessments, public utilities, local state aid, and the capital reserve. The neighborhood south of St. Al's is necessary but is scheduled at this time primarily to "finish off' that neighborhood and complement the redevelopment of the northeast quadrant of 69th Avenue and Brooklyn Boulevard. Improvement of 70th Avenue is an integral component of the 69th and Brooklyn Boulevard redevelopment as it is logical to complete the work at the same time as construction proceeds on the development, rather than complete the development and then tear up the street as the businesses are getting established. The streets and utilities are in a condition similar to those in the Woodbine Neighborhood which was improved in 1995. The project would total about 0.9 miles. Financing sources would include special assessments, public utilities, local state aid, and • the capital reserve. The three mill and overlay are on commercial streets which all currently u have curb Y gutter installed. Work would consist of replacement of curb and gutter as necessary; reconstruction or rehabilitation of utility structures as necessary; and full -depth mill and crack sealing followed by bituminous overlay. John Martin Drive is a state aid route, and thus funds would be available to help finance the improvement. Other financing sources would include special assessments, public utilities, and local state aid. James /67th and Lee /68th are not state aid streets. By current policy, the entire cost of the street improvement would be assessed to the abutting property owners. Other financing sources would include public utilities and local state aid. Process The first step n the process would be acquiring field data to start the preliminary p desi P q g n. This g would require the City's survey crew to do a complete topographical survey of the proposed improvement areas. Sanitary sewers should be televised, and soil borings need be taken. Maintenance records should be compiled to help pin point problem areas. Finally, a very important part of the process is a preliminary survey to the residents of the proposed project areas requesting information about their utility services, observations of street flooding, traffic concerns, etc. This survey would be mailed along with a letter explaining that the neighborhood is being considered for an improvement project, explaining the process, and notifying them that if a project is approved there would be special assessments. Since the upcoming assessment rates have not been established, the practice has been to present the current year assessments, noting that there would likely be a small increase. At this time we request the Council's authorization to: 1) Send a letter to residents in the proposed project areas notifying them of the proposed projects and including the initial survey. 2) Begin field work. 3) Obtain quotes for sewer televising and soil borings. The cost of the sewer televising would be paid by the sanitary sewer utility. The cost of the soil borings would be paid by the capital reserve. We would expect to return to the Council in October with more detailed information, for the Council to consider establishing projects, authorizing informational meetings, and ordering the preparation of preliminary plans. • -.� 'St Al's j „p'?� ,2 . y •,,�. -_� Neighborhood '*"? -ate ( -s •r 4 .a A t^ F is E c n r "... Mill and Owday ..- .- ,.tea.. ... Mill . and Y ..Overlay 1 ti � i y .— tee«• ri it y . Mill and° -- - Bellwe Park �,� _ _ -Area - x City of Brooklyn Center igure 1 1998 Proposed Improvement Projects 3 City of .Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Kragness, Councilmembers 7 armody, Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manager DATE: August 8, 1997 SUBJECT: Additional Council Agenda Item: 7.i. Set Dates for City Council Meetings I would ask that the Council set/reschedule dates and times for City Council Work Sessions as follows: Reschedule budget work session with Financial Commission from Monday, August 18, 1997, to Tuesday, August 26, 1997, 7 p.m. in Conference Room B, City Hall Reschedule facilitated Council goal setting session from 9 a.m. to 8 a.m. on Saturday, August 23, • 1997, at Earle Brown Heritage Center Schedule special Council meeting to review funding partnership requests on Monday, August 25, 1997, at 5 p.m. in Conference Room B, City Hall Schedule Council work session on Monday, September 22, 1997, at 6 p.m. to perform annual review of City Manager Schedule Council work session on Monday, September 29, 1997, at 7 p.m. in Conference Room B, City Hall e 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 1 Equal Opportunities Employer