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Home My WebLink About2010 05-24 CCP Regular Session AGENDA • CITY COUNCIL STUDY SESSION May 24, 2010 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adj ourn • • CITY COUNCIL MEETING City of Brooklyn Center • May 24, 2010 AGENDA 1. Informal Open Forum with City Council — 6:45 p.m. — provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance . 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. May 10, 2010 — Study Session 2. May 10, 2010 — Regular Session b. Licenses Liquor License C. Approval of Application and Permit for Temporary On -Sale Li q Submitted by St. Alphonsus Catholic Church, 7025 Halifax Avenue North, for an Event to be Held August 7 and 8, 2010 7. Presentations / Proclamations /Recognitions/Donations a. Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Officer Robert Traxler Requested Council Action: — Motion to adopt resolution. . CITY COUNCIL AGENDA -2- May 24, 2010 • 8. Public Hearings a. An Ordinance Relating to Fire Code; Amending a Section Brooklyn Center City Code, Section 5 -203 —This item was first read on April 26, 2010; was published in the official newspaper on May 6, 2010; and is offered this evening for second reading and Public Hearing. Requested Council Action: — Motion to open Public Hearing. — Motion to take public input. — Motion to close Public Hearing. — Motion to adopt ordinance. 9. Planning Commission Items —None 10. Council Consideration Items a. Rental Dwelling License Approval for Partial Occupancy at Gateway Commons —2900, 2904, 2908, and 2912 Northway Drive Requested Council Action: — Motion to approve the partial rental dwelling license. • b. Amend 2010 City Council Meeting Schedule Requested Council Action: — Motion to amend the 2010 City Council meeting schedule to add joint Budget Work Sessions with Financial Commission on June 21, July 19, August 2, and August 16, and to cancel the October 4 meeting C. An Ordinance Relating to Dangerous Dog Requirements; Amending City Code Sections 1 -250 to 1 -300 Requested Council Action: — Motion to approve first reading and schedule second reading and Public Hearing for June 14, 2010. d. Resolution Approving the Contract for Law Enforcement Labor Services (LELS) Local 82 and the City of Brooklyn Center for the Calendar Year 2010 Requested Council Action: — Motion to adopt resolution. 11. Council Report CITY COUNCIL AGENDA -3- May 24, 2010 • 12. Adjournment Agenda Items Tabled or Continued An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 —This item was first read on April 12, 2010; was published in the official newspaper on April 22, 2010; and the Public Hearing was continued at the May 10, 2010, meeting until such time as the Charter Commission makes its recommendation to the City Council. Resolution Establishing Fees for Community Garden Plots in the City of Brooklyn Center —This item was tabled at the May 10, 2010, meeting. EDA MEETING • City of Brooklyn Center May 24, 2010 AGENDA 1. Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 2. Roll Call 3. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) 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 1. May 10, 2010 — Regular Session 2. May 10, 2010 — Executive Session • 4. Commission Consideration Items a. Resolution Authorizing Economic Development Authority Consent to Assignment of Development Agreement and Authority to Convey Development Property (FBI Regional Field Office Project) Requested Commission Action: — Motion to adopt resolution. 5. Adjournment • AGENDA. CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION May 24, 2010 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. • Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. John Roder Request to Reconsider Sterling Square Rental License Revocation 2. 6101 Beard -6037 Brooklyn Blvd Update 3. Bus Shelter Location Policy 4. Apartments with Delinquent Payments Policy 5. State Funded Local Government Aid Policy PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Sister City Update — Curt 2. 57th and Logan Update 3. Strategic Outcome Reports 4. Prosecutor Services Contract • 5. Community Schools Update 6. 2011 Brooklyn Center Celebration Update 7. Neighborhood Designations 8. Junk and Inoperable Vehicles Update — Back Yard Parking 9. Minn. Stat. 273.128 4d Rental Properties — Annual Report — January 10. Brookdale Mall Update 11. Joslyn/City Property Remediation Update 12. Department Year End Reports 13. Active Living Program 14. RER — Howe Fertilizer Update 15. Garbage Hauler Report City Council'Agenda Item No. fa r Office of the City Clerk MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: May 24, 2010 SUBJECT: COUNCILMEMBER LASMAN: Requested Change to Minutes Councilmember Lasman requested the following change to the May 10, 2010, Study Session minutes: Page 3 Miscellaneous, Paragraph g � h 2: g P Councilmember Lasman asked staff to research the benefits of adopting a social hosting • ordinance eense quenees of h ,,. ° paFty f r miner-s. Mayor Willson agreed this bears some scrutiny with the understanding the City has limited resources. Council consensus was reached to direct staff to conduct an analysis and contact the League for more information. (St-r-ikeex indicates matter to be deleted, underline indicates new matter.) MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 10, 2010 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Pro Tem Kay Lasman at 6:03 p.m. ROLL CALL Mayor Tim Willson (arrived at 6:08 p.m.) and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested that Item 6e, Resolution Establishing Fee for Community • Garden Plots in the City of Brooklyn Center, be pulled from the Consent Agenda and placed on the regular meeting. The Council expressed no objections to this request. Councilmember Yelich requested discussion on Item 8a, Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land (Southwest Quadrant of Brooklyn Boulevard and 71 Avenue). He noted residents had previously expressed concern about increased traffic on Perry Avenue and asked how it would be addressed in the event traffic is significantly higher than anticipated. Mayor Willson arrived at 6:08 p.m. Public Works Director /City Engineer Lillehaug reviewed the traffic survey and determination there are just over 800 vehicles. In 2001, over 1,100 vehicles were counted. He stated staff and the developer have looked at strategies to mitigate traffic impacts for this site and should there be a future traffic safety issue, a perception, or reality of increased volume, it would be addressed by the City's Administrative Traffic Committee. Mr. Lillehaug commented on the "tool box" that is available should the City determine the need to address traffic calming. With regard to the range of calming options, he stated it can range from installation of traffic bumps to road closure. The Council discussed whether posting a "Not Through Street" sign should be considered to assure flow of traffic goes to Brooklyn Boulevard instead of onto Perry Avenue and into a residential area. It was noted staff had determined a baseline traffic count and will be able to . detect any change in the future. Mr. Lillehaug explained that calming measures can apply to 05110110 -1- DRAFT volume as well as speed, though sometimes it is not as effective on volume without a road closure. • With regard to whether consideration should be given to a road closure, Mr. Lillehaug advised the data does not warrant that action at this time. In addition, a road closure may not be supported by all in the neighborhood and it may impact emergency vehicle response times so it is not an easy decision. He explained there is not an established "threshold" for closure of a local road but there is a threshold of when a local street becomes a collector. At this point, he suggested the Council take a "wait and see" approach and implement the calming measures staff has recommended. Mayor Willson agreed the traffic numbers do not warrant more calming measures than are being recommended by staff. He commented on the benefit of the proposed project and the Council's efforts for redevelopment. Mayor Willson indicated that Item 6e, which was removed from the Consent Agenda by Councilmember Ryan, will be considered as Item 8a since a number of residents are in the audience for that item. He stated he would also remove Item 6c Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2010 -01, 02, 03, and 04, Dupont Area Neighborhood Street, Storm Drainage, and Utility Improvements, and Item 6d Accepting Bid and Awarding a Contract, Improvement Project Nos. 2010 -05, 06, 07, and 08, Twin Lake Area Neighborhood Street, Storm Drainage, and Utility Improvements, which will be considered as Items 1 Oc and IOd respectively. With regard to Item 6e, Mr. Boganey noted that written communication had been received from • g g Y residents expressing concern about the location of the proposed community gardens. In addition, staff has concerns about the suitability of the soil since it had been used for storage and would recommend that a different site be identified. Mr. Boganey advised that in retrospect, staff should have engaged the neighborhood more directly because not having done that added to the concerns raised by the community. Given limited staff resources, he suggested this item be tabled this year or until there is a full staff to search for a suitable site. Mr. Boganey apologized for not having the neighborhood more directly engaged since this is an activity that will impact the neighborhood. Mayor Willson stated at the last meeting he had raised the issue of staffing to run this program and there were also concerns with water delivery which solidified his position to look for a different site for the next growing season. He noted that when this issue originally came forward, it was by a group of concerned citizens. He supported the creation of a sponsoring community group to monitor, maintain, and run the Community Garden Program. Councilmember Lasman stated she shared the same concerns and suggested the Council hold a Public Hearing when a garden site is identified to assure more public input. She agreed it is too late for this growing season, but a lot of research has been completed so it will be easier next year once a suitable site is found. • 05/10/10 -2- DRAFT Councilmember Roche thanked the City Manager for offering an apology. He stated he believed . the City needed community gardens and he is embarrassed it won't happen this year. He stated he does not accept that the City does not have enough money or staff and the Council needs to assure the program is rolled out next year. Councilmember Ryan stated he is not questioning the merit of the Community Garden Program but is opposed to the use of this site because of the many limitations and negative impact on the neighborhood. He stated that he viewed the site last week and was glad for the opportunity to speak with the neighbors. He thanked the City Manager for staff's recommendation to not proceed with this site. Councilmember Yelich stated he also visited the site and received a first -hand perspective. He stated he agrees with Councilmember Ryan's comments that this is not a good location but he does support the Community Garden Program. Councilmember Yelich questioned whether it would be prudent to remove this item from tonight's agenda. Councilmember Lasman suggested it would be helpful to have some discussion on camera so residents know this program is being looked at by the Council. The Council discussed whether another commission could be tasked with locating a suitable site for a community garden. Councilmember Lasman indicated the Special Events Committee is already busy planning the Centennial Celebration. Consensus was reached that an option may be to create an Environment and Sustainability Committee to address the Council's established . goals. MISCELLANEOUS Councilmember Lasman requested an update on the MangoTango liquor license. Mr. Boganey stated he has no new information since the last meeting but understands they plan to be open by the end of May 2010. Councilmember Lasman asked staff to research the consequences of holding a party for minors. Mayor Willson agreed this bears some scrutiny with the understanding the City has limited resources. Council consensus was reached to direct staff to conduct an analysis and contact the League for more information. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 05/10/10 -3- 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 MAY 10, 2010 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. John Roder, 6610/6700 Humboldt Avenue N., presented a written request asking the Council to • rescind the order given at the last meeting to revoke his rental license. He indicated he had been the owner for ten years and was a six -year resident when he bought the building so he had an interest in Brooklyn Center and appreciated the City's recent rental ordinance modifications. Jo Roberts, 6001 — 78 Avenue N., stated she represents one business and the neighborhoods of Brooklyn Center, Brooklyn Park, and Crystal. She addressed the Council regarding her research of Calls for Service (CFS) at rental properties that the City had licensed and urged the Council to pay attention to CFS prior to considering renewal of rental licenses. Mayor Willson asked Ms. Roberts whether she would share that data with the City Manager. Ms. Roberts answered in the affirmative and asked staff to contact her. Mr. Boganey asked whether the CFS being referenced meet the definition under the ordinance. Ms. Roberts answered in the affirmative, noting her source is the Police Department and she will provide staff with that documentation. Gordy Johnson, 57 and Colfax Avenues, stated the six residents in attendance all live in the block proposed for a community garden. He explained that while they do not oppose community gardens, this neighborhood is too small. • 05/10/10 -1- DRAFT John Roder, 6610/6700 Humboldt Avenue N., referenced the comments of Ms. Roberts and • offered an example of a police officer responding to a complaint of loud music but when the officer arrives, the loud music is not found so the call is determined to be unfounded. Judy Johnson, 57 ffi and Colfax Avenues, stated all on their block are gardeners and not opposed to community gardens but think a better location would be a park or school where there is adequate parking, garbage and recycle receptacles, and a place for children to safely play while parents are gardening. Mayor Willson apologized on behalf of the Council for straying from its established policy of obtaining community input when acting on the community garden issue. Lori Hengel, 5700 Colfax Avenue, stated her agreement with Ms. Johnson's comments and noted this is a dead end street that cannot handle traffic or parking from a community garden. She felt a better location could be found. Councilmember Lasman moved and Councilmember Yelich seconded to close the Informal Open Forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Roche provided a reflection on the importance of mothers. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA 05110110 -2- DRAFT Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, to remove Items 6c, 6d, and 6e, and the following consent items . were approved: 6a. APPROVAL OF MINUTES 1. April 26, 2010 — Study Session 2. April 26, 2010 — Regular Session 3. April 26, 2010 — Work Session 4. May 3, 2010 — Board of Appeal and Equalization Continuation 6b. LICENSES FIREWORKS — PERMANENT Holiday Station Stores, Inc. 420 66 Avenue N. FIREWORKS — TEMPORARY STAND TNT Fireworks — Cub Foods 3245 County Road 10 MECHANICAL Cornerstone Mechanical 11315 Florida Avenue, Champlin Louis Degidio Services, Inc. 21033 Heron Way, Lakeville United Heating A/C 1295 Hackamore Road, Medina MOTOR VEHICLE DEALERSHIP Luther Brookdale Buick GMC 4301 68 Lane N. Luther Brookdale Chevrolet 6701 Brooklyn Boulevard R.L. Brookdale Motors 6801 Brooklyn Boulevard RENTAL — STANDARDS PRIOR TO MARCH 6, 2010 INITIAL (two-year license) 6819 Humboldt Avenue N. A101 Raymond Charest 6819 Humboldt Avenue N. A203 Raymond Charest RENEWAL (two-year license) 49016 l' Avenue N. Antonio Smith (passed with weather deferral) 5425 Irving Avenue N. Nathan Pollock 6825 Scott Avenue N. Douglas Pederson RENTAL — CURRENT STANDARDS INITIAL (TYPE II — two-year license) 5432 Dupont Avenue N Xiangming Guan 6607 Beard Avenue N. Ernie Zheng RENEWAL (TYPE I — three-year license) 5407 Brooklyn Boulevard Duane Orn 05/10/10 -3- DRAFT (passed with weather deferral) 5319 Queen Avenue N. Karen Pelak 5115 Twin Lake Boulevard E. Ruth Cioni 5901 Aldrich Avenue N. Scott & Vickie Huber 6724 Toledo Avenue N. Steve & Cheryl Schleif 4118 Woodbine Lane Ron & Jeanette Blasewitz RENEWAL (TYPE H— two year license) 5200 France Avenue N. Christian Knutson SIGNHANGER Signs by RSG 6080 Highway 10, Ramsey Sign Source 7660 Quattro Drive, Chanhassen 6c. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2010 -01, 02, 03, AND 04, DUPONT AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS This item was considered as Agenda Item l Oc. 6d. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2010 -05, 06, 07, AND 08, TWIN LAKE AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS This item was considered as Agenda Item 10d. 6e. RESOLUTION ESTABLISHING FEES FOR COMMUNITY GARDEN PLOTS IN THE CITY OF BROOKLYN CENTER This item was considered as Agenda Item 8a. Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. PRESENTATION OF PLAQUE FOR BOND RATING UPGRADE FROM SPRINGSTED /STANDARD & POORS TO THE CITY OF BROOKLYN CENTER Kathleen Aho, Springsted, described the municipal bond rating process and noted the City's rating increased by two "notches" from A+ to AA. In addition, the credit rating agency attributed the City with a categorization of "stable," meaning they expect Brooklyn Center to be able to retain that rating. Ms. Aho offered Springsted's congratulations and presented Director of Fiscal and Support Services Dan Jordet with a plaque commemorating the AA upgrade. 05/10/10 -4- DRAFT Mr. Jordet thanked Springsted for this recognition on behalf of the City. He recognized that this accomplishment is not just for the Fiscal and Support Services Department but for every City • Department, the City Manager, and the Council for making decisions on use and allocation of funds. 7b. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING TO THE CITY OF BROOKLYN CENTER Mr. Jordet described the application process for a Certificate of Achievement for Excellence in Financial Reporting and read in full the plaque received for the 2008 financial report. He recognized the contribution of Assistant Finance Director Clara Hilger for putting this information together and thanked the City Manager for his support, the Council, and citizens. Councilmember Lasman moved and Councilmember Ryan seconded to accept the plaque commemorating bond rating upgrade from Springsted and Certificate of Achievement for Excellence in Financial Reporting. Motion passed unanimously. 8. PUBLIC HEARING 8a. (FORMERLY CONSENT AGENDA ITEM NO. 6e) RESOLUTION ESTABLISHING FEE FOR COMMUNITY GARDEN PLOTS IN THE CITY OF BROOKLYN CENTER • Councilmember Ryan stated the matter before the Council is the establishment of a fee for community garden plots to cover the City's expenses. However, he requested the item be removed from the Consent Agenda to address the appropriateness of the location. He urged the Council to reconsider its P rovisional decision to locate community gardens at the Xcel property north of the 5700 block of Colfax Avenue. Councilmember Yelich stated he also supports the Community Garden Program; however, as discussed at the Study Session, the City did not take the necessary steps in site selection by contacting neighbors so he would apologize for that. He indicated support to move forward in the future because it is an important component for building community if done in a more acceptable manner to find an appropriate location. Councilmember Yelich moved and Councilmember Lasman seconded to table consideration of establishing a fee for community garden plots in the City of Brooklyn Center. I Councilmember Roche asked whether staff's recommendation to not proceed is due to P poor soil P quality. Mr. Boganey stated the quality of the soil at that location is one issue but other issues are significant factors as well. Councilmember Ryan recognized the attendance of residents from this neighborhood and stated he visited them last Thursday when they made their valid concerns clear should the program • 05/10/10 -5- DRAFT move forward. He indicated he would not support a community garden at this location due to the • objections of the neighborhood and wants to assure proper guidance is given regarding the need to address setback, parking, and nuisance issues that may occur from a community garden. Mayor Willson noted if this consideration is tabled, the $25 fee may need to be adjusted depending on when it is reconsidered and the garden location. Motion passed unanimously. Mayor Willson thanked Mr. Eitel of all of his work on the Community Garden Program. 8b. ORDINANCE NO. 2010 -05 AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST QUADRANT OF BROOKLYN BOULEVARD AND 71 AVENUE) City Manager Curt Boganey introduced the item and stated the purpose of the proposed ordinance. Mr. Eitel presented the background of the property located on Brooklyn Boulevard and described the proposed addition to the adult education building, three -story parking structure, a redesign of access and internal movement within the parking lot of the Early Child Learning Center, and access improvements from 71 Avenue North. It was noted the Planning Commission • recommended approval with conditions. Mr. Lillehaug presented an aerial map and described the realigned intersection to guide and encourage traffic from this building and school to Brooklyn Boulevard and closure of two driveways off Perry Avenue. It was noted bus access to the school will be from Brooklyn Boulevard instead of Perry Avenue. Staff is confident these road improvements will result in decreased traffic on Perry and 71 Avenues. However, it is estimated 70 new trips per day will come to this site using Perry and 71 Avenues, which will offset the decrease resulting from the road improvements. Mr. Lillehaug presented traffic volumes as measured last week and indicated staff does not see any traffic issues that need to be mitigated based on volumes. However, if a safety issue arises or there is an extreme increase in traffic volume, it will be addressed by the City through the City's Traffic Advisory Committee. He noted the significant roadway improvement as well as signal modifications will be paid by the developer. Mr. Lillehaug recommended the City continue its support of this project with the improvements as recommended. The Council noted staff has given a lot of thought to traffic issues, how they can be addressed should something arise, and a baseline measurement has been made so it can be objectively known if there is a change. The question was raised who would cover the cost if mitigation is needed after the project is constructed. Mr. Boganey stated all of the improvements the City believes need to be made have been proposed and the developer is paying the vast majority of 05/10/10 -6- DRAFT the costs associated with those improvements. In the future, if an improvement needs to be made on a public right -of -way street, it will be the costs of the City. • Councilmember Yelich raised the issue of projects that result in unforeseen negative impacts and questioned who would be liable for those negative impacts. He noted in this case, the City is considering amending the Zoning Ordinance to allow a private development project. Mr. Boganey advised that impact fees would cover such a cost but in Minnesota, cities do not have the statutory authority to charge such a fee. Mayor Willson asked whether it has been common practice to use a Planned Unit Development (PUD) for rezoning of property. Mr. Eitel stated the practice of using a PUD is fairly common for rezonings and noted in this case the PUD is due to a minor adjustment to an interior setback between two property owners who are making the request. If not for the lot line move, a PUD would not be needed and the City would not have been able to negotiate the closing of the Perry Avenue parking lot access, roadway improvements, and driveway closures. He advised that PUDs allow the City more flexibility in adjusting and coordinating the development of property for the common good of the community. Councilmember Ryan referenced the resident suggestion to close 71 Avenue west of Brooklyn Boulevard in the interest of reducing traffic. Mr. Lillehaug advised that the data does not support a road closure and there are other City streets with more traffic than Perry Avenue will experience. Mayor Willson cautioned the Council is charged to make decisions based on the information • presented. He indicated the project is warranted, he saw no rationale to change plans or ask the developer to pay more money, and he welcomed it to the City. Councilmember Lasman moved and Councilmember Roche seconded to open the Public Hearing. Motion passed unanimously. Brian Crux, 7060 Perry Avenue, stated his concern with the safety of his and neighborhood children because the volume of shortcut traffic is already high and traveling too fast. He believed the development would change the character of this residential neighborhood and that the City should consider issues like installing a cul -de -sac, the intensity of use, number and types of traffic, size of roadways, and that there are no sidewalks or walkways to get to the townhomes. Mr. Crux explained why he believed the project would greatly devalue his property and suggested the project be located in downtown Brooklyn Center where there are acres of vacant land, a rezoning would not be needed, and a parking ramp is needed. Dale Magnuson, 4830 71 Avenue N., concurred with the statements of Mr. Crux. He indicated that every homeowner in America has the right to reasonable use of their property and he believed this project compromised his right to enjoy his property. In addition, it removes three viable homes, one -half of his neighborhood, that pay taxes to the City, County and State. Mr. Magnuson questioned the need to increase the size of the intersection to handle traffic that staff • 05/10/10 -7- DRAFT says will not be there. He expressed concern for the safety of his grandchildren, commented on • short cut traffic coming from the west, and encouraged the City to protect the viability of this neighborhood and consider use of the Brookdale Center property that is currently available. Mayor Willson clarified that the City does not own the Brookdale Center property. Judy Thorbus, 6265 Brooklyn Drive, stated that the Community Emergency Assistance Program (CEAP) and the Adult Educational Facility may have different hours. She expressed concern with traffic congestion and requested clarification on points of access for the parking ramp. Mike Schraad, Welsh Construction and representing CEAP and the School District, offered to answer questions of the Council. Heather DeFrance, 7049 Perry Avenue, stated she has three children and agrees with her neighbor's comments. She indicated they are open to having a cul -de -sac that would help protect the neighborhood and thanked staff for closing exits onto Perry Avenue. Councilmember Roche moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. The Council discussed the option of installing a cul -de -sac at the Perry and 71 Avenues intersection. Mr. Lillehaug estimated the cost would be $25,000 and described the pattern of • traffic circulation to and from the site. He noted a cul -de -sac could be three to four houses into the neighborhood or if located at the intersection it would be less expensive to install. Mr. Lillehaug answered questions of the Council regarding the available range of traffic calming options and stated he thinks the roadway realignment will encourage more drivers to use Brooklyn Boulevard. The Council acknowledged that absent this project, there is still a problem with cut through traffic from 69 Avenue to Perry Avenue. Councilmember Ryan stated his support to move forward with this project as long as all traffic calming options remain available, should the need arise. Councilmember Roche stated his support for this project, ' noting it is a perfect place for redevelopment. He noted there are many solutions available should an issue arise and he hoped the neighbors would grant trust to staff that this will be monitored. Councilmember Yelich stated the City's engineers have done due diligence to analyze traffic impact but thinks the City is "taking out a $25,000 insurance policy" since that is the cost of a cul -de -sac to mitigate a possible impact to those residents as a result of this development. He stated he believes this will be a good development, but he is sensitive to the concerns of the neighbors about traffic impact. Councilmember Roche moved and Councilmember Ryan seconded to adopt ORDINANCE NO. • 2010 -05, An Ordinance Amending Chapter 35 of the City Code of Ordinances regarding the 05/10/10 -8- DRAFT Zoning Classification of Certain Land (Southwest Quadrant of Brooklyn Boulevard and 71" Avenue). • Motion passed unanimously. 8c. ORDINANCE NO. 2010 -06 RELATING TO MUNICIPAL ELECTIONS; AMENDING CITY CODE SECTIONS 29-401,29-402, AND 29 -403 City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance, explaining that State Law had been amended to move the Primary Election date up to the second Tuesday in August. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Yelich seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Roche seconded to adopt ORDINANCE NO. 2010 -06, an Ordinance Relating to Municipal Elections; Amending City Code Sections 29- 401, 29 -402, and 29 -403. • Motion passed unanimously. 8d. ORDINANCE AMENDING CHAPTER 4 OF THE BROOKLYN CENTER CITY CODE, SECTIONS 4.01 AND 4.02 City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. He noted the Charter Commission had met; however, it had not made a recommendation to the City Council on this charter amendment ordinance. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lasman seconded to continue the Public Hearing on An Ordinance Amending Chapter 4 of the City Charter, Sections 4.01 and 4.02 until such time as the Charter Commission makes its recommendation to the City Council. Motion passed unanimously. 8e. ORDINANCE NO. 2010 -07 RELATING TO CAMPAIGN SIGNS; AMENDING CITY CODE SECTION 34 -140 • 05/10/10 -9- DRAFT • City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance, explaining that State Law had been amended to move the Primary Election date to the second Tuesday in August, resulting in an earlier date to place campaign signs. Councilmember Ryan moved and Councilmember Lasman seconded to open the Public Hearing. Motion assed unanimous p Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Yelich seconded to adopt ORDINANCE NO. 2009-07, An Ordinance Relating to Campaign Signs; Amending City Code Section 34 -140. Motion passed unanimously. 8f. ORDINANCE NO. 2010 -08 RELATING TO THE DEFINITION OF THE CLEAR VIEW TRIANGLE; AMENDING CITY CODE SECTION 25 -802 City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of • the proposed ordinance. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Tom Arneson, 6825 Abbott Avenue, stated his property has trees at all four corners that would be within this sight triangle as well as some light poles. It was explained that the ordinance, if adopted, would provide the City with more flexibility within the sight triangle. Councilmember Yelich moved and Councilmember Lasman seconded to close the Public Hearing. Motion passed unanimously. Councilmember Roche moved and Councilmember Lasman seconded to adopt ORDINANCE NO. 2010 -08, An Ordinance Relating to the Definition of the Clear View Triangle; Amending City Code Section 25 -802. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS • 05/10/10 -10- DRAFT 9a. PLANNING COMMISSION APPLICATION NO. 2010 -007 SUBMITTED BY VANGUARD CONSTRUCTION, INC. FOR A PUD AMENDMENT AND SITE . AND BUILDING PLAN APPROVAL FOR CONSTRUCTION OF A 6,757 SQ. FT. MULTI- TENANT OFFICE BUILDING. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS APRIL 29, 2010, MEETING 1. RESOLUTION NO. 2010 -80 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2010 -007 SUBMITTED BY VANGUARD CONSTRUCTION FOR THE DEVELOPMENT OF LOT 2, BLOCK 1, JOHNCO ADDITION Director of Business and Development Gary Eitel provided an overview of Planning Commission Application No. 2010 -007 and advised the Planning Commission recommended approval of the applications at its April 29, 2010, meeting. The Council indicated the parapet is well reorientation and an asset. The applicant was asked to address the neighborhood concern about the potential for a 24 -hour operation. Craig Moss, 2350 Wycliff Street, St. Paul, advised they are in preliminary discussion with some restaurants but none plan to stay open 24 hours. The Council acknowledged that litter is under control and reports from the Police Department have indicated loitering has been dealt with adequately. It was suggested Mr. Moss contact the Police Department and other business owners to collaborate on those efforts. • Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -80 Regarding the Disposition of Planning Commission Application No. 2010 -007 Submitted by Vanguard Construction for the Development of Lot 2, Block 1, Johnco Addition. Motion carried unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2010 -81 DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 24 THROUGH JUNE 26, 2010 Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -81, Declaring Earle Brown Days as a Civic Event from June 24 through June 26, 2010. Motion passed unanimously. 10b. AMENDMENT OF 2010 GENERAL FUND AND UTILITY OPERATING BUDGETS 1. RESOLUTION NO. 2010 -82 AMENDING THE 2010 GENERAL FUND • 05/10/10 -11- DRAFT BUDGET • City Manager Curt Boganey introduced a item discussed the budgetary impact, and stated the tY g g Y the g ary p , purpose of the proposed resolution. He reviewed the additional cuts identified by staff and that the proposed shifts from the General Fund to the Utility Fund are justified since those expenses directly benefit utility operations. However, there will probably not be additional shifts for future consideration. Councilmember Yelich stated he is glad to hear that shifts from the Utility Funds have come to an end, noting these shifts make it difficult from a financial planning standpoint. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010-82, Resolution Amending the 2010 General Fund Budget. Motion passed unanimously. 2. RESOLUTION NO. 2010 -83 AMENDING THE 2010 UTILITY FUND BUDGETS Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2010-83, Amending the 2010 Public Utility Fund Budgets. Motion passed unanimously. • 10c. (FORMERLY CONSENT AGENDA ITEM NO. 6c ) RESOLUTION NO. 2010 -84 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2010 -01, 02, 03, AND 04, DUPONT AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mayor Willson noted the low bid amount was $2,489,652.24, the estimated budget was $3,459,000, and amended to $3,210,770.24, an approximate 7.2 percent decrease. He stated this speaks volumes about the City's staff in how they put out bids, secure those bids, and the economic times. Mayor Willson moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2010 -84, Accepting Bid and Awarding a Contract, Improvement Project Nos. 2010 -01, 02, 03, and 04, Dupont Avenue Street, Storm Drainage, and Utility Improvements. The Council asked whether quality standards of materials are assured. Mr. Boganey advised that quality standards are part of the bid specifications, testing is conducted, and inspectors are on site to ensure quality. Mr. Boganey recommended, as part of the budget process and CIP, that staff research whether the CIP should be moved forward a little faster to take advantage of the competitive bidding environment. The Council indicated support for staff to research that option. Motion passed unanimously. 05/10/10 -12- DRAFT 10d. (FORMERLY CONSENT AGENDA ITEM NO. 6d) RESOLUTION NO. 2010 -85 ACCEPTING BID AND AWARDING A CONTRACT IMPROVEMENT • PROJECT NOS. 2010-05,06,07, AND 08, TWIN LAKE AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mayor Willson noted the low bid amount was $3,433,246.65, the estimated budget was $5,604,000, amended to $4 207 896.65 an approximate 24.9 percent decrease. PP P Councilmember Roche moved and Councilmember Ryan seconded to approve RESOLU TI O N NO. 2010 -85, Accepting Bid and Awarding a Contract, Improvement Project Nos. 2010 -05, 06, 07, and 08, Twin Lake Area Neighborhood Street, Storm Drainage, and Utility Improvements. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich deferred his report in the interest of time. Councilmember Lasman reported on her attendance at the following: • April 27, 2010, Robbinsdale Legislative Action Coalition meeting held at the Brooklyn Center Library to address budget issues being faced by school districts and cities • May 1, 2010, Brooklyn Center Annual Prayer Breakfast, which was well attended • May 3, 2010, Reconvene of the Board of Appeal and Equalization • Councilmember Roche reported on his attendance at the following: • May 3, 2010, Board of Appeal and Equalization • May 4, 2010, Highway Investment Study meeting where he obtained information on Highway 252 Councilmember Roche announced the May 12, 2010, Crime Prevention event scheduled for 6:00 p.m. He commented on the offerings of the Park and Recreation program this summer including swimming lessons. Councilmember Roche also commented on the good press received by the City today on Channel 12 news when Mayor Willson spoke about the City and projects, and the StarTribune Metro Section article that included quotes from Mayor Willson. Councilmember Ryan highlighted one event he attended on April 27, 2010, at the Hennepin County Brookdale Library that was sponsored by Robbinsdale School District #281 with a presentation by Minnetonka City Manager Gunyou on the State's budget shortfalls. He noted that Mr. Gunyou was very knowledgeable and had formerly been the Budget Director for Governor Carlson. Mayor Willson stated he had nothing to add in addition to the events already reported on by other Councilmembers. 05/10/10 -13- DRAFT Councilmember Lasman reminded all of the May 21, 2010, Crime Prevention Golf Tournament and advised that hole sponsorships remain available and contributions are welcome. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Yelich seconded adjournment of the City Council meeting at 9:03 p.m. Motion passed unanimously. • 05/10/10 -14- DRAFT City Council, Agenda Item No. 6b • • COUNCIL ITEM MEMORANDUM DATE: May 18, 2010 • TO: Curt Bo ane City Manager g Y� Y g FROM: Maria Rosenbaum, Deputy City Clerk p tY tY �p SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its May 24, 2010, meeting. Background: The following businesses /persons have applied for City licenses as noted. Each business /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate a lications and aid proper fees. Applicants for rental dwelling applications, p P P pp g licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. AMUSEMENT DEVICES American Amusement Arcades 6440 James Circle N Metro Coin of Minnesota, Inc. 6301 Shingle Creek Parkway LIQUOR — CLASS D ON -SALE INTOXICATING, SUNDAY, AND OPTIONAL 2 A.M. Robert J. Cardinal /Gemstone Nuggets, Inc. 2101 Freeway Blvd. dba Mango Tango MECHANICAL Airic's Heating LLC 16067 310 Street, New Prague Automatic Door & Fireplace 8900 109 Avenue N, Champlin Cayman's Heating & Cooling 7900 Excelsior Boulevard, Hopkins Mespo Heating & Cooling 8448 Logan Avenue, Brooklyn Park St. Marie Sheet Metal P.O. Box 32148, Fridley Total Refrigeration 949 S. Concord Street, So. St. Paul RENTAL See attached reports. SIGN HANGER Express Signs & Balloons 19320 Yukon Street NW, Cedar Budget Issues: . There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Rental Standards Prior to March 6, 2010 3400 66th Ave N Single Family Initial Solomon Frank - Sawari 0 OK OK 6031 Brooklyn Blvd Single Family Initial Emeka Okeakpu 0 OK OK Brookdale Towers 2 Bldgs 6915 Humboldt Ave N 1 50 units Renewal Hillaway Investments LLC 10 OK OK i �I r � • Current Rental Standards �. , ,�. r � a� ...:a�,s �"" `yak,. A,�•a • 'a � �',�* ��,.,� :� �: � i 7085 Unity Ave N Single Family Initial I -Chang Wen 0 II 0 II OK OK 5401 Brooklyn Blvd ISingle Family lRenewal I Northport Properties 4 II 1 II OK OK * US = Calls For Service ** Final License Type Type 1 = 3 year Type II = 2 year Type III = 1 year Type IV = 6 mos I I City Council Agenda Item No. 6c • COUNCIL ITEM MEMORANDUM DATE: May 17, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Application and Permit for Temporary On -Sale Liquor License Submitted by St. Alphonsus Catholic Church, 7025 Halifax Avenue North, for an Event to be Held August 7 and 8, 2010 Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on -sale liquor license submitted by St. Alphonsus Catholic Church, 7025 Halifax Avenue North, for an event to be held August 7 and 8, 2010. Background: The St. Alphonsus Catholic Church, 7025 Halifax Avenue North, has submitted an application and permit for temporary on -sale liquor license for an event to be held August 7 and 8, 2010. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a religious organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11 -107 (6) Temporary On -Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12 -month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On -Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, .safe community that enhances the quality of life and preserves the public trust A-an Ari co 1(z OF Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133 St. Paul MN 55101 -5133 - ,TFO `""' " (651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282 - 6555 WWW.DPS.STATE.MN.US APPLICATION AND PERMIT (� FOR A 1 TO 4 DAY TEMPORARY ON - SALE LIQUOR LICENSE J TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER St Alphonsus Catholic Church 1959 ES 32045 STREET ADDRESS CITY STATE ZIP CODE 7025 Halifax Brooklyn Center MN 55429 NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE Michelle Karlson 463)503 -3389 DATES LIQUOR WILL BE SOLD August 7 & 8th TYPE OF ORGANIZATION CLUB CHARITABLE OTHER NONPROFIT ORGANIZATION OFFICER'S NAME 6ulu ADDRESS r. Patrick J. Grile C.Ss.R. same as above ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area, describe school parking lot Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. no Will the applicant car liquor liabilit insurance? If so, please provide the carrier's name and amount of coverage. Catholic Mutu &1 Relief S - yes, ociety $500;000,00 APROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT 0 OUNTY J ) 1 b D V_ 1 r e DATE APPROVED ff) CITY FEE AMOUNT c p V d � Q� LICENSE DATES DAIE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and /or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS -09079 (05/06) City Council Agenda Item No. 6d COUNCIL ITEM MEMORANDUM • DATE: May 20, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Application and Permit for Temporary On -Sale Liquor License Submitted by Miracle Empowerment Center, 5801 John Martin Drive, for an Event to be Held June 19 2010 Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on -sale liquor license submitted by Miracle Empowerment Center, 5801 John Martin Drive, for an event to be held June 19, 2010. Background: Miracle Empowerment Center has submitted an application and permit for temporary on -sale liquor license for an event to be held June 19, 2010, at 5801 John Martin Drive, Brooklyn Center. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a nonprofit organization for at least three years. The application and accompanying • documentation has been forwarded to the Police Department for review and follow -up. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11 -107 (6) Temporary On -Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12 -month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On -Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of fife and preserves the public trust Minnesota Department of Public Safety OF AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133, St. Paul MN 55101 -5133 I •} 4 TTY 651 -� 651 201 -7507 Fax 651 297 -5259 ( ) 282 -6555 WWW.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER ST ET ADDRE S n' CITY STATE ZIP CODE � r�W ! t NAME OF PERSON MAKING kPPLICATION BUSINESS PHONE HOME PHONE V r &9 G x- CI6 3 _mil �0 6� DATES LIQUOR WILL BE SOLD G TYPE OF ORGANIZATION F ORGANIZATION OFFICER'S NAME ADDRESS I ��j L n . Lino MAj 501 GANIZATION OFFICER'S NAME ADDRESS T (A l G( t o Da & r ds ORGANIZATION OFFICER'S NAME ADDRESS Location 'cense will be ed. outdoor a describ 0 b /7 Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. Will the applicant c4py liquor liability insurance? If so pleas provide the came 's na d amou of coverage. �i APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY / UNTY ��o 1 u ►� C�n� -er DATE APPROVED CITY FEE AMOUNT 2 . 6 4 o LICENSE DATES DATE FEE PAID �' 1 " I C SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS-09079 (05/06) I � e of Minne 5�a s ° ta SECRETARY OF STATE CERTIFICATE OF INCORPORATION I, Mary Kiffineyer, Secretary of State of Minnesota, do certify that: Articles of Incorporation, duly signed and acknowledged under oath, have been filed on this date in the Office of the Secretary of State, for the incorporation of the following corporation, under and in accordance with the provisions of the chapter of Minnesota Statutes listed below. This corporation is now legally organized under the laws of Minnesota. Corporate Name: Miracle Empowerment Center Corporate Charter Number: 1844849 -2 Chapter Formed Under 317A This certificate has been issued on 05/10/2006. i l F J • x ecreta of State. 111111111111111111111111111111 A N/ 18448490002 ARTICLES OF INCORPORATION OF MIRACLE EMPOWERMENT CENTER • The undersigned, for the purpose of forming a corporation under the Minnesota Nonprofit i Corporation Act, Minnesota Statutes Chapter 317A, hereby adopts the following Articles of Incorporation: ARTICLE I Name The name of this corporation shall be Miracle Empowerment Center. ARTICLE II Purposes and Activities This corporation is organized and shall be operated exclusively for religious, charitable, and educational purposes, within the meaning of Sections 170(c)(2) and 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code "). Within the limitations established by the • preceding sentence, this corporation is organized and shall be operated primarily to equip and empower the people of Minneapolis by engaging the issues, barriers, and challenges that affect them. The corporation will achieve this by developing and implementing programs in youth development and education, economic development, health care, and other areas of importance to the community. ARTICLE III Powers This corporation shall have and exercise only such powers as are required by and are consistent with the purposes enumerated in Article H above. Within these limitations, this corporation may acquire and receive property of every kind by any legal means, whether by purchase, conveyance, lease, gift, grant, bequest, legacy, devise or otherwise, and whether in trust or otherwise; i own, hold, manage, expend, and make gifts, grants, and contributions of, and convey, transfer, and dispose of any property and the income thereof to further any of the purposes of this corporation; lease, mortgage, encumber, any such property; and exercise any other powers that are consistent with the foregoing purposes and that are afforded to this corporation under the Minnesota Nonprofit Corporation Act. ARTICLE IV Restrictions Notwithstanding any other provisions of these Articles, the restrictions set forth in this Article IV shall govern the activities of this corporation. This corporation shall not engage in any activity which may not be carried on (i) by an organization which is exempt from federal income taxation under Section 501(a) of the Code by virtue of being described in Section 501(c)(3) of the Code, or (ii) by an organization the ' contributions to which are deductible under Sections 170(c)(2), 2055(a) and 2522(a) of the Code. This corporation shall not, incidentally or otherwise, afford or pay any pecuniary gain, dividends, or other pecuniary remuneration to its members, and no part of the net income or net earnings of this corporation shall, directly or indirectly, inure to the benefit of or be distributed to any member, director, officer or other private individual. This corporation shall not lend any of its assets to any officer, director, or member of this corporation, or guarantee to any person the payment of a loan by any officer, director, or member of this corporation. Nonetheless, this corporation may pay reasonable compensation for services rendered and for supplies furnished to this corporation in furtherance of the purposes set forth in Article II above. This corporation shall not, as a substantial part of its activities, attempt to influence legislation by propaganda or otherwise. This corporation shall not participate in or intervene in any 2 political campaign on behalf of or in opposition to any candidate for public office (whether the publishing or distributing of statements or otherwise). ARTICLE V Registered Office -� The registered office of this corporation shall be located at 7810 County Road 30, Waconia, MN 55387. ARTICLE VI Incorporator The name and address of the incorporator, who is an adult, natural person, is: Michael P. Haag 6900 Wedgwood Road, Suite 200 Maple Grove, MN 55311 ARTICLE VII Board of Directors The management and direction of the business and affairs of this corporation shall be vested in a Board of Directors. The Bylaws of this corporation shall specify the number, qualifications, • Y IP p fY q term of office, method of election, powers, authority, and duties of the directors of this corporation, the time and place of their meetings, and such other provisions with respect to them as are not inconsistent with the expressed provisions of these Articles of Incorporation. ARTICLE VIII Members This corporation shall have no voting members. Any action that would otherwise require member approval under Minnesota law shall be taken upon approval by the Board of Directors. The Board of Directors may establish one or more classes of nonvoting members upon such terms and conditions as it from time to time deems appropriate. ARTICLE IX No Personal Liability • 3 The officers, directors and members of this corporation shall not be personally liable to any extent whatsoever for any debts or obligations of this corporation, nor shall any property of any officer, director or member be subject to the payment of the debts or obligations of the corporation. ARTICLE X Capital Stock This corporation shall have no capital stock, either authorized or issued. ARTICLE XI Written Actions An action required or permitted to be taken at a Board of Directors meeting may be taken by written action signed by all of the directors, except for an action which does not require member � approval, which maybe signed by the number of directors that would be required to take the same action at a meeting of the Board at which all directors were present. When an action is taken by less than all of the directors, all directors must be notified immediately of its text and effective date. ARTICLE XII Dissolution This corporation may be dissolved in accordance with the Laws of the State of Minnesota. Upon dissolution of this corporation, and after the payment of all liabilities and obligations of this corporation and all costs and expenses incurred by &ds corporation in connection with such dissolution, and subject always to the further provisions of this Article XII, any remaining property shall be distributed to one or more organizations that are exempt from federal income taxation under aru g p Section 501(a) of the Code by virtue of being described in Section 501(c)(3) of the Code, or to the United States government, or to the State of Minnesota, or any political subdivision or agency of the State for exclusively public purposes, all in such proportions as shall be determined (i) by the Board of Directors of this corporation if the dissolution of this corporation is not required by the laws of the . State of Minnesota then in existence to be conducted under court supervision, or (ii) by a court of 4 competent jurisdiction if the dissolution of this corporation is required by the Laws of the State of Minnesota then in existence to be conducted under court supervision. Notwithstanding anything • apparently or expressly to the contrary contained in this Article XII, if any assets are then held by this corporation in trust or upon condition or subject to any executory or special limitation, and if the condition or limitation occurs by reason of the dissolution of this corporation, such assets shall revert or be returned, transferred, or conveyed in accordance with the terms and provisions of such trust, conditions, or limitations, provided that such assets shall not be distributed to the corporation's members, directors or officers. IN WITNESS WHEREOF, I have signed these Articles of Incorporation on 2006. Incorporator • STATE ®F MINNESOTA. QEpARTMENT OF STATE FILED MAY 10 200b ii r o3�ve :t •'3 of State (Y\ E 5 ACt3R� -- __ C O F LI A B IL I TY INSU THIS CERTIFICATE JS ISSUED AS J� Mgl?ER OF MibW �T ONLY ANa CONFERS NO RIG HTS UPON THE CERTIFICATE HOLDE2 TN1S CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGA7TilELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES - BELOW. THIS CERTIFICATE OR PRO C W SURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING MS S URER AUT RESEN OR PRODUC AND THE CER HOLDER (). HORIZED VIP r, T: If the certificate holder is .an ADD ONAL Jilt - ` - -- - — _ __ _ the terms and conditions of the of URED, the WAIVED, subject to e Jcy, cxttain policies may require statement on this ce 8cy"es) must be endorsed. !f SUBROGATION IS WA - -- - -- - _ c ertificate h in lieu of s uch end orse mentl an endorsemenL A stat rtificaRe does not confer rights to the I PRODUCER —_-' -- �— .� - - -_ i Peace OF [And Insurance Agency T A _ PHONE Crosslown Dr Nw STE 205 --. -- Tali -- -- - - - -- Andover, WI 55304 A MESS - _ - - - - - -- `��'— -- -- Phone (7 63) 4 3 2 - 2843 63 2 PRODUCER - — } 2843 Fax (763)432- 6523 ro nrER INSURED - -- - - -- -- _ INSURER(S)AFFOR NNC BeryiePotte DBA MIRRICLE IMPOWERNAENTCEMTER LR' I SURERA: SYdte ALIFOMIIbBNf — — 5807 John Martin Dr Brooklyn Center, MN 55430 I NSURER C: _ INSURER O- —r - -- {6) 501 -3914 INS E _ - - - - -- - -- -- COVERA'C' CE NUMBER: - -- EN SU RE R F: — ION NUMBER THFS IS TO CERTIFY THAT _ _ THE POUJgES qF JNSURANCE LISTED BELOW HAV B EEN IE EB -- Id' 1SUED TO THE INSURED NAMED ABOVE FOR THE ppLlC PERT INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEC7T0 WH PE IOD - CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. L _EXCLUS IONS AND CO OF SUC POLICIES. UMITS SHOW MAY HA VE BEEN REDUCED BY PAID CLAIMS. �G�E�NERAL INSURANCE LIABILrtY -- -_ SR WVD PO LICYNUNB E R OryEyF yF POLJL�fgl(p - -- _ - -- lYYY Mf.DDFrYYY C - -- LM1rT5 'T — OM NERClALGENE4ALLIA B EACH JlfTY I �CURRENCE 5 � A -- - - 3,000 0 00. I n ry G�lRAS- 1 BOP2SM21 � � 1RADE F ❑ cccuR I PRI s - 1,000,000 LIQUORLIABJLITY Y NED ;SP(AnponePerson) S - -- � � 02f02J10 � a 210?11 1 �---- - - - - -� 1 0000 -• -- —.�` I PERSONALBADV I NJURY S 3,40( 000 GEN'C AGGREGATE LIMn A ?PLIES PER ` ! I I I GENERAL AG3REGATE I $ — 4,400,00 -- ❑ POL' ❑ ECT L� LOC I I — PROD CO NPJOP_AGGT $� 4,000,000 j TOMOBI LE LIABILITY } --- .�_`- - - - -�. S ANY AUTO I I I CO'l BINED SINGLE LIMIT - - � L_� ALL OW NED I !Ea accdent) -- $ AUTOS ' I BODILY INJURY (Par Person) S SCHEDULED AUTOS — —� -- _ - - J I ❑ HIRED AUTOS BODILY INJURY (Per accident) S — I + ! [_PROPERTY DAMAGE �� NON -OWNED AUTOS f + L — �`�- -- —� i — - -- 5 -- - -� i I UMBRELLALIAS _r —� -- �— OCCUR _ S EX CESS S V ❑ CLAMdS4.4ADE I I EACH OCCURRENCc $ -- DEDUCTIBLE I I I AGGREG - -� s — - - -- -_1FJ RETENTION 4 WORKERS COkAPENSATIDN - - -. - -_ — ARE EMPLOYERS' LIABILITY - -- - - -` — S ANY PROPRIETDRrPAR7NERIE7CECU77YE dIN I ri'C S: ATU- —'L; OFFICERINEMBER EXCLUDED? (Mandato lA (1 T . i ry In NH; E L EACH A IpENT g Myes, describe wrier +._ - -- DE3:.RIPTIpN OF OPEr7ATLOAIS below --}I I E.L. rMSEA EA EMPLDY ; — ` —' - - -- I �� •--- - - - �_ — - - - -- EL.DISE POL ICYL'MIT� - - - - - -- _ IESCRIPTTDN OF OPERATIONS/ LOCATIONS I VEHICLE$ � — -- --- ( ---- . --.i - —L_— I IAttach ACORD tOt, Addltlonal Remarks Schedule, if room space Is required) ------- ' - - - - -- 1 I ERTIF�ATEHOI.� - ` ~�----- -. - - -- - CANC ELLATION - - - - - - - -- �J SH EJL ANY OF TfiE THE ABOABOVE BRIBED POLICIES BE CANC 1 F p FOR CITY OF BROOKLYN CENTER 7 E?(PIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY HALL I ACCORDANCE WITH THE POLICY PROVISIONS. 6301 SHINGLE CREEK PKWI' BROOKLYN CENTER, MN 55 -OD i AUTHOR - - - -� 1 9 -ORD 28 (2009100) QF ®1986 2009 ACORD CORPORATION. All rights reserver] The ACORD name anti logo are, registered marks of ACORD — ~— l,'d A0u96V Sub PUIW }o meld dt :Z6 06 61, ABW City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM DATE: May 17, 2010 • TO: Curt Boganey, City Manager FROM: Kevin Benner, Interim Chief of Police SUBJECT: Recognition for Retiring Officer Bob Traxler Recommendation: It is recommended that the Council consider to recognize Officer Robert Traxler for over twenty- four years of his service to the City of Brooklyn Center. Background: Attached please find a City Council resolution expressing appreciation to Officer Robert Traxler who will be retiring effective May 31, 2010, after over 24 years of dedicated service to the City of Brooklyn Center. Budget Issues: • There are no budget issues to consider. Council Goals: Not applicable Hz"hm Ewu� ring an rartractive, clean, safie ctanarnuni;v that efekwrrvs the qualify €f4ft= and pre,, €Tres ihe}ambli €.' t €'a €st adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF OFFICER ROBERT TRAXLER WHEREAS, Officer Robert Traxler was hired as a police officer by the City of Brooklyn Center Police Department, on January 6, 1986; and WHEREAS, Officer Robert Traxler has served as the department's Field Training Officer. He was instrumental in training and serving as a role model to multiple new officers; and WHEREAS, Officer Traxler has received numerous commendations for outstanding police work; and WHEREAS, Officer Traxler has received letters of thanks from numerous citizens for assistance that he has rendered; and WHEREAS, his dedicated public service and civic effort for the betterment of the community merit gratitude of the citizens of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, upon the recommendation of the City Manager, that the dedicated public service of Officer Robert Traxler is hereby recognized and appreciated by the City of Brooklyn Center. May 24, 2010 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • City Council Agenda Item No. 8a 5/24/2010 I 2s' Reading & Public Hearing May 24, 2010 Pres Vickie Schleuning, Assistant City Manager /Direct& ommunity Standards in cooperation with Fire De t City of Brooklyn Center Council Meeting i Agenda • Background • Highlights of Proposed Changes • Q &A • Council Action I i ® sizaizoio �I I 1 5/24/2010 Background Information • TimeTable • 1" Reading of the Ordinance April 26, 2010 • 2n Reading and Public Hearing tonight- May 24, 2010 • If passed, ordinance goes into effect 30 days from publication • Fire Department, Building & Community Standards Department, and legal counsels reviewed city ordinance, and received input from Minnesota Housing Association • Court Case in 2008 limiting cities' authority to exceed Minnesota State Building Code for compcsj • building structure; Other statewide implications- staff o monitor, communicate and adjust as necessary • Ongoing efforts to review ordiian6es,�prb esses and procedures ® 5/24/2010 Highlights of Proposed Amendments • Address 2 specific areas in Section S -203- smoke alarms, outdoor recreational fires • General language cleanup- grammar, clarity, changing "detector" to "alarm" • Provide conformity with Minnesota State Building and Fire Codes • Cannot require hard -wired smoke alarms for all types of rental properties- Depends on various factors (year built, type of dwelling, significant remodels, etc.) • Change distance of a recreatio> um of twenty -five feet from buildings or combustibles," ent 15 feet requirement consistent with the Minne e Fire Code regulations S r 10 512412010 2 5/24/2010 Highlights of Proposed Amendments cont... • Provide a minimum assurance of safety to occupants and neighbors • Smoke alarms must be installed properly in accordance with codes and manufacturer specifications • Smoke alarms must be operable and maintained in good condition • Where battery operated smoke alarms are allowed and provided: • Requires testing of smoke alarms by the owner /owner's agent at least every 6 months, including keeping a record of that testing. Note: Changed from monthly from Pt reading • Requires the property owner /y�r dvise tenant of the requirement to contact the owner /a alarm is faulty, defective, or otherwise inoperable. • Requires a tenant to notify the owner in g within 24 hours when a smoke alarm isn't functional. ® 512412010 Questions? Thank you. ' 5/24/2010 3 COUNCIL ITEM MEMORANDUM • DATE: May 24, 2010 TO: Curt Boganey, City Manager FROM: Vickie SchleuningAssistant City Manager/Director of Building & Community Standards SUBJECT: An Ordinance Relating To Smoke Alarms and Outdoor Recreational Fires; Amending Fire Code Section 5 -203 of the Brooklyn Center City Code Recommendation: It is recommended that the City Council consider approving an ordinance amending the Fire Code Section 5 -203 of the Brooklyn Center City Code. Background: The City Council passed the first reading of the ordinance on April 26, 2010, setting the public hearing and second reading for May 24, 2010 of an ordinance amending City Code Section 5- 203 of the Brooklyn Center Fire Code pertaining to smoke alarms and outdoor recreational or cooking fires. The notification for public hearing was published in the City's official newspaper on May 6, 2010. • Please refer to the attached Council Item Memorandum dated April 26, 2010 for more information. One change was made to the proposed ordinance since the first reading based on feedback received to change the frequency of testing of battery operated smoke alarms by owners /owner's agent to every six months versus monthly. A highlight of the proposed ordinance amendment is as follows: • General cleanup of the ordinance language, including changing the term "detector" to "alarm" as indicated by the State Fire Code to denote its true function. • Eliminate the requirement to install hardwired smoke alarms for all rental dwellings, where not otherwise required by the Minnesota State Building Code. This issue may be readdressed in the future if changes occur to the State requirements or law. • Require smoke alarms be installed and maintained in accordance with State Fire and Building Codes and manufacturer specifications. • Require smoke alarms to be operable and maintained in good condition. • Where battery- operated smoke alarms are allowed and provided: o Requires testing of smoke alarms by the owner /owner's agent every six months, including keeping a record of that testing. o Requires the property owner /owner's agent to advise tenant of the requirement to • contact the owner /agent if a smoke alarm is faulty, defective, or otherwise inoperable. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM o Requires a tenant to notify the owner in writing within 24 hours when a smoke • alarm isn't functional. Outdoor Recreational and Cooking Fires A proposed amendment is recommended to change the distance of a recreational fire to a minimum of twenty -five feet from buildings or combustibles in order to be consistent with the Minnesota State Fire Code regulations. Brooklyn Center Fire Code currently references fifteen feet instead of twenty -five feet. Budget Issues: There are no budget issues to consider at this time. Council Goals: Strategic: 1. We will ensure a safe and secure community 3. We will stabilize and improve residential neighborhoods • • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 24 day of May, 2010, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to Fire Code; Amending Brooklyn Center City Code, Section 5 -203. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO FIRE CODE; AMENDING A SECTION OF BROOKLYN CENTER CITY CODE, SECTIONS 5 -203 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS: Section 1. Brooklyn Center City Code, Section 5 -203, is amended as follows: Section 5 -203. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The city manager, building & community standards director development d --eete--, building official, fire inspector, and the chief of the fire department, and • other city officials as designated ted by the cjjy manager shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies—,wkieh that shall require permits, in addition to those now enumerated in said eede this Chapter The fire chief shall post such list in a conspicuous place, upon approval or denial I by the committee, and distribute copies thereof to interested persons. f. Fire Alarm Systems and Smoke Alarms: 1. Standards linstallation, inspection and maintenance of the fire alarm system or alarm device shall comply with be- aeeer-ding a standards in W-C Minnesota State Fire and Building Codes, and manufacturer specifications 2. Whoever shall render a smoke deteete - alarm or fire alarm system inoperable of disconnecting., of dismantlin ope able by removing the battery,, g or damaging the smoke alarm detester, or fire alarm system in any residential rental, commercial or business unit, is guilty of a misdemeanor. 3. Special provisions for rental properties. A41 Where Bbattery- operated smoke alarms detester-s are allowed by code, they shall be removed f-e all r-e nt , -A ,.,its an r-e plaeed vvM s e ke d + h.,..a v4 ed into the units' 110 . meet the following conditions: • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust a. Installation. Properly installed and maintained in . compliance with Minnesota State Fire and Building Codes, and manufacturer specifications. b. Maintenance. Maintained in an operable and good condition. C. Testing and Record. Be tested in accordance with manufacturer's recommendations and no less than every six months. The owner and/or owner's agent of a rental property is responsible for keeping records indicating compliance with testing and applicable codes. These records must be made available to the code official upon request. d. Tenant & Owner Responsibility. i. Property owners or their owner's agent must advise tenants to notify the owner /agent about faulty, defective or inoperable smoke alarms. ii. Tenants of each rental unit must give written notice to the owner or their agent within 24 hours of finding any non - functional smoke alarm. A copy of the written notice must be provided to the City's rental inspections department. Failure to notify an owner, the owner's agent or City is a petty misdemeanor. The owner or owner's agent must make any corrections necessary to maintain a smoke alarm(s) in compliance with applicable codes. i. Open Burning_ 2. Outdoor recreational or cooking fires may be permitted subject to the following requirements: a. All fires must be in an approved outdoor fireplace or a pit which is at least one (1) foot below grade. A pit must be located at least twenty five (25) fin (15) feet from buildings, fences, property lines or flammable materials. Pits may be no more than three (3) feet in diameter, and the outside edge shall be ringed with brick or rock. Commercially manufactured outdoor fire pits may be used provided they are not more than three (3) feet in diameter. Section 2. This ordinance shall be effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2010. . Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves the public trust Tim Willson Mayor ATTEST: Sharon Knutson City Clerk Date of Publication Effective Date (SkgEeeut indicates matter to be deleted, underline indicates new matter.) i s Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM DATE: April 26, 2010 • TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager/Director of Building & Community Standards SUBJECT: An Ordinance Relating To Smoke Alarms and Outdoor Recreational Fires; Amending Fire Code Section 5 -203 of the Brooklyn Center City Code Recommendation: It is recommended that the City Council consider approving on first reading an ordinance amending the Fire Code Section 5 -203 of the Brooklyn Center City Code, and scheduling a second reading and Public Hearing for May 24, 2010. Background: The Fire and Building & Community Standards Departments are proposing changes to Section 5 -203 of the Brooklyn Center Fire Code pertaining to smoke alarms and outdoor recreational or cooking fires. Fire and Smoke Alarm Regulations . The City of Brooklyn Center Fire Code has requirements for hard -wired smoke alarms. In a recent court case in 2008, the State of Minnesota Supreme Court ruled that cities may not enforce building code standards pertaining with component systems or building structure more restrictive than a standard provided by the Minnesota State Building Code. City staff and the City Attorney have reviewed codes relating to residential rental property. As a result, Fire Department and Building & Community Standards Department are recommending updates to the Fire Code, Chapter 5 pertaining to smoke alarms. The changes required pertain primarily to single family and dwellings other than apartment buildings built prior to August 1, 1989. Homes constructed after that date require smoke alarms to be connected through permanent wiring and equipped with battery backup. Apartment buildings have different smoke alarm requirements. A working smoke alarm saves lives by helping the occupants escape a fire. It can also help save lives of fire fighters who would otherwise search for people in a burning building. The hard- wired smoke alarms generally provide a higher level of assurance than battery operated smoke alarms partly because they require less frequent human maintenance actions to ensure they are working properly. The proposed code amendments aim to meet current legal requirements without compromising the safety of the public, provide clear requirements and language, and provide accountability for property owners and tenants. A highlight of the proposed ordinance amendment is as follows: • General cleanup of the ordinance language, including changing the term "detector" to • "alarm" as indicated by the State Fire Code to denote its true function. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • Eliminate the requirement to install hardwired smoke alarms for all rental dwellings, where not otherwise required by the Minnesota State Building Code. • Require smoke alarms be installed and maintained in accordance with State Fire and Building odes and manufacturers specifications. g P • Require smoke alarms to be operable and maintained in good condition. q g • Where battery- operated smoke alarms are allowed and provided: o Requires monthly testing of smoke alarms by the owner /owner's agent, including keeping a record of that testing o Requires the property owner /owner's agent to advise tenant of the requirement to contact the owner /agent if a smoke alarm is faulty, defective, or otherwise inoperable. o Requires a tenant to notify the owner in writing within 24 hours when a smoke alarm isn't functional. Outdoor Recreational and Cooking Fires A proposed amendment is recommended to change the distance of a recreational fire to a minimum of twenty -five feet from buildings or combustibles in order to be consistent with the Minnesota State Fire Code regulations. Brooklyn Center Fire Code currently references fifteen feet instead of twenty -five feet. Budget Issues: • There are no budget issues to consider at this time. Council Goals: Strategic: 1. We will ensure a safe and secure community 3. We will stabilize and improve residential neighborhoods i Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2010, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to Fire Code; Amending Brooklyn Center City Code, Section 5 -203. Auxiliary ds for persons with disabilities are available upon request at least 96 hours in �' P p q advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO FIRE CODE; AMENDING A SECTION OF BROOKLYN CENTER CITY CODE, SECTIONS 5 -203 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS: Section 1. Brooklyn Center City Code, Section 5 -203, is amended as follows: Section 5 -203. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The city manager, building &community standards director sew develepme�+ a;, ° ° + °r, building official, fire inspector, and the chief of the fire department, and other city officials as designated by the cily manager shall act as a committee to determine and , specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies- - that shall require permits, in addition to those now enumerated in said eede this Chapter The fire chief shall post such list in a conspicuous place, upon approval or denial by the committee, and distribute copies thereof to interested persons. f. Fire Alarm Systems and Smoke. Alarms: 1. ids - a Iinstallation, inspection and maintenance of the fire alarm system or alarm device shall comply with be- aeeerd a standards in WG Minnesota State Fire and Building Codes, and manufacturer specifications 2. Whoever shall render a smoke deteetsT--alarm or fire alarm system inoperable by removing the battery of disconnecting eF dismantling, or damaging the smoke alarm deteeter, or fire alarm system in any residential rental, commercial or business unit is guilty of a misdemeanor. 3. Special provisions for rental properties. All Where Rbattery- operated smoke alarms deteeter-s are allowed by code, they shall be removed 49m volt eleetlieal system bT fie 2 t�9-3. meet the following conditions: • • a. Installation. Properly installed and maintained in compliance with Minnesota State Fire and Building Codes, and manufacturer specifications. b. Maintenance. Maintained in an operable and good condition. C. Testing and Record. Be tested in accordance with manufacturer's recommendations and no less than once a month. The owner and/or owner's agent of a rental property is responsible for keeping records indicating compliance with testing and applicable codes. These records must be made available to the code official upon request. d. Tenant & Owner Responsibility. i. Property owners or their owner's agent must advise tenants to notify the owner /agent about faulty, defective or inoperable smoke alarms. ii. Tenants of each rental unit must give written notice to the owner or their agent within 24 hours of finding any non - functional smoke alarm. A copy of the written notice must be provided to the Cily's rental inspections department. Failure to notify an owner, the owner's • agent or City is apetty misdemeanor. The owner or owner's agent must make any correction(s) necessary to maintain a smoke alarm(s) in compliance with applicable codes. L Open Burning_ 2. Outdoor recreational or cooking fires may be permitted subject to the following requirements: a. All fires must be in an approved outdoor fireplace or a pit which is at least one (1) foot below grade. A pit must be located at least twenty five (25) fifteen (15) feet from buildings, fences, property lines or flammable materials. Pits may be no more than three (3) feet in diameter, and the outside edge shall be ringed with brick or rock. Commercially manufactured outdoor fire pits may be used provided they are not more than three (3) feet in diameter. Section 2. This ordinance shall be effective after adoption and upon thirty (30) days following its legal publication. . Adopted this day of , 2010. Tim Willson • Mayor ATTEST: Sharon Knutson City Clerk Date of Publication Effective Date ( eeut indicates matter to be deleted, underline indicates new matter.) • • City Council Agenda Item No. 10a , COUNCIL ITEM MEMORANDUM • DATE: May 17, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Rental Dwelling License Approval for Partial Occupancy at Gateway Commons Recommendation: It is recommended that the City Council consider approval of a rental dwelling license for partial occupancy at Gateway Commons for building addresses at 2900, 2904, 2908, and 2912 Northway Drive. This completes the licensing of the 2900 side of Gateway Commons. Background: At its February 8, 2010, meeting the City Council adopted Resolution No. 2010 -28 Receiving a Report from the City Manager Outlining a Partial Rental License Review Process for the Gateway Commons Apartments Located at 2802 -2838 and 2900 -2940 Northway Drive (see attached). On March 29, 2010, and April 6, 2010, Gary Brummer, owner of Gateway Commons, submitted an application for rental dwelling license and paid the $1,664 license fee for four buildings • located at 2900, 2904, 2908, and 2912 Northway Drive. Taxes and utilities are current. Building Official Gary Gilpin has been working closely with Gary Brummer inspecting the units and buildings. The inspection has passed for these buildings and all license requirements have been met, as well as requirements of Resolution No. 2010 -28. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will stabilize and improve residential neighborhoods Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preservers the public trust Member Tim Roche introduced the following resolution and moved its adoption: • RESOLUTION NO. 2010 -28 RESOLUTION RECEIVING A REPORT FROM THE CITY MANAGER OUTLINING A PARTIAL RENTAL LICENSE REVIEW PROCESS FOR THE GATEWAY COMMONS APARTMENTS LOCATED AT 2802 -2834 AND 2900- . 2940 NORTHWAY DRIVE WHEREAS, the rental license for the apartments at 2802 -2834 and 2900 -2940. Northway Drive known as Gateway Commons is revoked; and WHEREAS, the owner Mr. Gary Brummer has requested that the City Council rescind the revocation for the property and allow for a partial occupancy license; and WHEREAS, the City Council directed the City Manager to meet with the owner to develop a process that would allow for a phased license rental process that would meet the objectives of the City; and WHEREAS, the parties have met and agreed to the conditions outlined in Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center, Minnesota, that the City Council will review and consider the issuance of a license for partial occupancy of the property at 2802 -2834 and 2900 -2940 Northway Drive known as Gateway Commons, in accordance with the conditions outlined in Exhibit A February 8 2010 a 9:: 6. Date Mayor ATTEST: Jiow 4 M� City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Mark Yelich and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Tim Rohce,.Dan Ryan, and Mark Yelich; and the following voted against the same: none; duly p assed and ado ted. whereupon said resolution was declared d y p p RESOLUTION NO. 2010 -28 EXHIBIT A • Gateway ommons Partial Property License Y P rtY • The City Council will consider issuing a two year license for partial occupancy subject to all of the following conditions being met. • The license fee will be prorated based on the fee in effect at the time of occupancy approval. • The first approval (Buildings 2940 ,2928,2924,2936,2932,2920,291 require the following: o 100 % of all vacant units must be completely renovated to approved standards o All interior common areas must meet approved renovation standards • o All occupied units must meet housing code standards o All exterior areas must meeting housing code standards o All previously approved occupied units that become vacant must be renovated before new buildings are approved buildings at a time require the e uent approvals minimum of two ) q Subs g q Pp ( following: o All previously approved occupied units that become vacant must be renovated before new buildings are approved o Same improvement standards as above required. • i • City Council Agenda.Item No. 10b COUNCIL ITEM MEMORANDUM • DATE: May 18, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Amend 2010 City Council Meeting Schedule Recommendation: It is recommended that the City Council consider amending the 2010 City Council meeting schedule to add the following dates as Joint Budget Work Session with Financial Commission: • Monday, June, 21, 6:30 p.m. City Hall Council Chambers • Monday, July 19, 6:30 p.m. City Hall Council Chambers • Monday, August 2, 6:30 p.m. City Hall Council Chambers • Monday, August 16, 6:30 p.m. City Hall Council Chambers It is further recommended that the City Council consider amending the 2010 City Council meeting schedule to CANCEL the October 4, 2010, Joint Budget Work Session with Financial Commission. Background: Fiscal and Support Services Director Dan Jordet has prepared a 2011 budget calendar, which includes the followin g City Council meeting schedule: • Monday, June, 21 — strategic and ongoing operation targets; revenue targets and options • Monday, July 19 — tax levy, tax base, taxation issues • Monday, August 2 — capital projects, capital budget funding • Monday, August 16 — governmental funds and tax levy (general fund, grant funds, TIF funds, debt service funds) including staffing implications Budget Issues: There are no budget issues to consider. s Mission: Ensuring an attractive, clean, safe conun.unity that enhances the quality of life and preserves the public. trust City Council Agenda Item No. lOc COUNCIL ITEM MEMORANDUM DATE: May 17, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk Wk SUBJECT: An Ordinance Relating to Dangerous Dog Requirements; Amending City Code Sections 1 -250 to 1 -300 Recommendation: It is recommended that the City Council consider approval of first reading of An Ordinance Relating to Dangerous Dog Requirements; Amending City Code Sections 1 -250 to 1 -300 and schedule second reading and Public Hearing for June 14, 2010. Background: Assistant City Attorney Mary Tietjen has drafted an amendment to Chapter 1 of the City Code of Ordinances relating to dangerous dog requirements. Attached is a memorandum from Ms. Tietjen outlining the need to amend this section of the City Code. Attached also is Minnesota Statutes, Sections 347.50 to 347.565. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will ensure a safe and secure community Mission: Ensuring an attractive, cleats, safe community that enhances the quality of life and preserves the public trust Mary D. Tietjen • 470 US Bank Plaza 200 South Sixth Street x ° Minneapolis MN 55402 NeR (612)337 -9277 telephone .. (612)337 -93 10 fax mtietjen@kennedy- graven.com 9 htta' / /www.kennedy- graven.com CHARTERED MEMORANDUM To: Brooklyn Center City Council Curt Boganey, City Manager Sharon Knutson, City Clerk From: Mary Tietj en Date: May 11, 2010 Re: Amendments to Dangerous Dog Ordinance Attached for the Council's consideration are draft amendments to the City's ordinance regulating . potentially dangerous and dangerous dogs. The amendments incorporate changes that were made to the state law last year, as well as some more minor house - keeping changes that resulted from the experience of the Animal Control Review Panel. Amongst other changes, the state statute was amended to require that the provisions in state law "must be enforced by animal control authorities or law enforcement agencies, whether or not these sections have been adopted into local ordinance. " Minn S tat. § 347.564. Thus, because the to , we are recommending that these ty p visions in the state state g to enforce certain provisions City is required provisions be reflected in the City's ordinance for ease of reference by both staff and residents. cc: Charlie LeFevere 368376v1 MDTBR291 -4 • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of June, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, at City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Relating to Dangerous Dog Requirements; Amending City Code Sections 1 -250 to 1 -300. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 612 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO DANGEROUS DOG REQUIREMENTS; AMENDING CITY CODE SECTIONS 1 -250 TO 1 -300 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 1 -250 of the Brooklyn Center City Code is amended as follows: Section 1 -250. DEFINITIONS. For the purposes of Sections 1 -250 through 1 -280, the terms defined in this Section shall have the meaning given them. Terms not defined in this . Section shall have the meaning given them in Section 1 -101 of this Code. 1. Dangerous dog. Dangerous dog means any dog that has: a. without provocation, inflicted substantial bodily harm on a human being or domestic animal on public or private property; b. killed . d 1 .,; +t etA pr-eyeeeeAi6n while —e ff the evffi pr-epf b. c-. been found to be potentially dangerous and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals; or c. d-. been determined to be a dangerous dog by the City or 'any other governmental jurisdiction. 2. Potentially dangerous dog. Potentially dangerous dog means any dog that: a. when unprovoked, has inflicted s a bites on a human being or domestic animal on public or private property; ORDINANCE NO. • b. when unprovoked, has chaseds or approacheds a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; C. has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals; or d. has been determined to be a potentially dangerous dog by the City eF any other governmental jurisdiction. 3. Proper Enclosure. Proper enclosure means securely confined indoors or in , a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting. 4. Owner. Owner means any person, firm, corporation organization, or department • possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog. 5. Great bodily harm. Great bodily harm means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. 6. Substantial bodily harm. Substantial bodily harm means bodily injury which invokes a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. 7. Animal control officer. Animal control officer means an individual who has been designated for animal control operations within the jurisdiction of the City. 8 Ci1y Manager. City Manager means the City Manager or the City Manager's designee. 9 Provocation Provocation means an act that an adult could reasonably expect may cause a dog to attack or bite. ORDINANCE NO. • Section 2. Section 1 -255 of the Brooklyn Center City Code is amended as follows: Section 1 -255 DECLARATION OF DANGEROUS OR POTENTIALLY DANGEROUS DOGS. 1 Adoption by Reference Except as otherwise provided in Sections 1 -250 to 1- 300 the regulatory and procedural provisions of Minnesota Statutes, sections 347.50 to 347.565 are adopted by reference. 2 Declaration by Police or Animal Control. A police officer, community service officer, or animal control officer may declare a dog to be dangerous or potentially dangerous. 3. Exceptions. a The provisions of Sections 1 -250 to 1 -300 do not apply to dogs used by law enforcement officials for police work. b Dogs may not be declared dangerous or potentially dangerous if the threat injury or danger was sustained by a person who was: i) committing a willful trespass or other tort upon the premises occupied by the owner of the dog; ii) provoking, tormenting abusing or assaulting the dog, or who can be shown to have a history of rgpeatedly provoking tormenting abusing, or assaulting the dog; or, iii) committing or attempting to commit a crime. 4. 4-. Notice to Owner. If the ' ' effi eer- a t "ft° investigati tiat a dog is declared potentially dangerous or dangerous according to the criteria in Section 1 -250 (1) or (2), the animal control officer will give notice, by delivering or mailing it to the owner of the dog, serve a nefiee of intent en he o to declare the dog potentially dangerous or dangerous. Such notice shall inform the owner of this designation, the basis for the designation, the procedures for contesting the designation as described in Section 1 -255 (5)(a) and the result of the failure to contest the designation as described in Section 1- 255(5)(b). Upon receipt of notice of intent, the dog owner must comply with the requirements of Section 1 -270.1 and continue to comply with such requirements until the dog is dead or removed from the City, or the City has determined that the dog is not dangerous or potentially dangerous. The owner shall be informed of this requirement in the notice of intent. 5.2-. Contesting Declaration of Dangerous or Potentially Dangerous Dogs. a. If the owner of a dog has received a notice of intent under Section 1 -255 (4), the owner may request that a hearing be conducted to determine . whether or not such a designation is justified. Such request must be made ORDINANCE NO. • in writing and delivered to the City Manager within 14 days of receipt of the notice of intent. b. If the owner fails to contest the notice of intent within 14 days, the owner forfeits the right to a hearing and the declaration of the dog as potentially dangerous or dangerous is final. The City Manager will then issue a declaration to the owner and the owner must comply with all applicable requirements of this Section or cause the dog to be humanely destroyed or removed from the City limits. 6. -3-. Hearing Procedure. Within ten days after receiving the owner's request for a hearing, the City Manager will notify the dog owner of the hearing date. The hearing will be scheduled within forty-five days. The hearing will be conducted by the Animal Control Review Panel, which will consist of three members, as appointed by the Mayor. The owner may call witnesses and present evidence on his or her behalf. A simple majority of the members of the Panel is necessary for a finding that the dog is either dangerous or potentially dangerous. The Panel will must inform the owner of its decision in writing and must state the reasons for its decision. 7. 4 Effect of Findings. If the Panel finds that there is a sufficient basis to declare the dog potentially dangerous or dangerous, the owner must immediately comply with all applicable requirements of Sections 1 -265 to 1 -270 or immediately cause the dog to be humanely destroyed or removed front the City limits. 8. -5-. Appeal. If the owner of the dog disputes the decision of the Panel, the owner may appeal the decision of the Panel to the City Council. An appeal to the City Council must be in writing and submitted to the City Manager within 14 days of the Panel's decision. The owner may appeal the decision of the City Council in accordance with procedures under state law. Section 3. Section 1 -260 of the Brooklyn Center City Code is amended as follows: Section 1 -260 REVIEW OF DECLARATION. Beginning six months after notice is given of intent to declare a dog is deelared a to be potentially dangerous or dangerous dog, an owner may request annually that the Animal Control Review Panel review the designation. The owner must provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the Panel finds sufficient evidence that the dog's behavior has changed, it may rescind the potentially dangerous or dangerous designation. may b ed • ORDINANCE NO. • Section 4. Section 1 -265 of the Brooklyn Center City Code is amended as follows: Section 1 -265 REGISTRATION. 1. Requirement. No person may own a potentially dangerous or dangerous dog in the City unless the dog is registered as provided in this Section. 2. Certificate of Registration. The City Manager will issue a certificate of registration to the owner of a potentially dangerous or dangerous dog if the owner presents sufficient evidence that: a. a proper enclosure exists for the dog and all accesses to the premises are posted with clearly visible warning signs issued or approved by the Animal Control Officer, that there is a potentially dangerous or dangerous dog on the property; b. in the case of a dangerous dog only, a surety bond to be held by the City Clerk has been issued by a surety company authorized to conduct business in this state in a form acceptable to the City Clerk and the City Attorney in the sum of at least $300,000, payable to any person injured by the dangerous dog, or a policy of liability insurance has been issued by an insurance company authorized to conduct business in this state in the t least 300 000 insuring the owner for an personal injuries � amount of a $ g Y p J inflicted by the dangerous dog; C. the owner has paid the annual registration fee as provided for in this Section; and d. the owner has had microchip identification implanted in the dangerous dog or potentially dangerous dog as required under Minn. Stat. § 347.515. 3. Warning Sign. If the City issues a certificate of registration to the owner of a potentially dangerous dog or dangerous dog under Section 1 -265 (2), the City will provide, for posting on the owner's property, a copy of a warning symbol to inform children that there is a dangerous dog on the property. The City may charge the dog owner a reasonable fee to cover its administrative costs and the costs of the warning symbol. 4. Fee. The City will charge the owner an annual fee to obtain a certificate of registration for a potentially dangerous or dangerous dog. I I 5. Tag. A potentially dangerous or dangerous dog registered under this Section must have a tag, issued by the City, identifying the dog as potentially dangerous • or dangerous. This tag must be affixed to the dog's collar and worn by the dog "at all times. ORDINANCE NO. 6. Rxemp tie n. D egs may t b a t „a etentiall da nger-eus danger-,.us i a. • w em + + a w illful t - e t ... a th '�'�LLlb u , Z � ZOi � - Ci „ t lyu ua` eupied by the eviner- of the 7 b. w h o pr-eve' , teffnenting, abusing, „ ass "fing t h e d e. - te- have repeatedly, the past, pr-evoked, *e...4,o� *oar abused, er- assaulted the deg; e 7. Law Eafer-eement Exemptien. The previsions ef this Seefien de fiet apply to Section 5. Section 1 -270 of the Brooklyn Center City Code is amended as follows: Section 1 -270 POTENTIALLY DANGEROUS AND DANGEROUS DOGS; ADDITIONAL REQUIREMENTS. 1. Enclosure and Proper Restraint An owner of a potentially dangerous or • dangerous dog shall keep the dog, while on the owner's property, in a proper enclosure. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. 2. Registration Renewal. An owner of a potentially dangerous or dangerous dog must renew the registration of the dog annually until the dog is deceased. If the dog is removed from the jurisdiction, it must be registered as a potentially dangerous or dangerous dog in its new jurisdiction. 3. Death or Transfer. An owner of a potentially dangerous or dangerous dog must notify the City Manager Ajiiffial CepArel Offieef in writing of the death of the dog or its transfer, and must, if requested by the Cily Manager Offieer execute an affidavit under oath setting forth either the circumstances of the dog's death and disposition or the complete name, address, and telephone number of the person to whom the dog has been transferred. 4. Sterilization. The animal control officer shall require a potentially dangerous or dangerous dog to be sterilized at the owner's expense. If the owner does not have the animal sterilized within 30 days, the animal control officer shall have . the animal sterilized at the owner's expense. The owner may contest and appeal a decision by the Affiimal CentFel Offieer- requiring a dog to be sterilized in ORDINANCE NO. • accordance with the procedures set forth in Section 1 -255 (5)(a). 5. Rental Property. A person who owns a potentially dangerous or dangerous dog and who rents property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a potentially dangerous or dangerous dog that will reside at the property. A dog owner, who is currents renting_ property, must notify the property owner within 14 days of City notification if the dog is newly declared as dangerous or potentially dangerous and the owner keeps the dog on the property. 6. Sale. A person who sells a potentially dangerous or dangerous dog must notify the purchaser that the dog has been declared as otentiall dangerous or dan dangerous. The seller must also notify the P Y g fY Ci . Manager with the new owner's name, address, and telephone number. Section 6. Section 1 -275 of the Brooklyn Center City Code is amended as follows: Section 1 -275 SEIZURE. • 1. Immediate Seizure. a. The animal control officer or any police officer or community service officer may immediately seize any potentially dangerous or dangerous dog if W V after 14 days after the owner has notice that the dog is potentially dangerous or dangerous, the dog is not registered as required under Section 1 -265 and no appeal has been filed b: (D in the case of a dangerous dog, after 14 days after the owner has notice that the dog is dangerous, the owner does not secure the proper liability insurance or surety coverage as required under Section 1- 265 (2) (b); E (D the dog is not maintained in the proper enclosure; d: (4) the dog is outside the proper enclosure and not under physical restraint of responsible person as required under Section 1- 270.1 of e t5l after the owner has been notified that the dog is potentially dangerous or dangerous, the dog bites or attacks a person or domestic . animal; or ORDINANCE NO. • (6) the dog is not sterilized within 30 days pursuant to Section 1- 270.4. b. If an owner of a dog is convicted of a crime for which the dog was originally seized, the court may order that the dog be confiscated and destroyed in a proper manner, and that the owner pay the costs incurred in confiscating, confining, and destroying the dog_ 2. Reclaimed. A potentially dangerous or dangerous dog seized under Section 1- 275 (1) may be reclaimed by the owner of the dog upon payment of impounding and boarding fees, and presenting proof to the animal control officer that the requirements of Section 1 -265 and Section 1 -270 will be met. A dog not reclaimed within seven days of seizure may be disposed of as provided in Minn. Y Y p P Stat. §35.71, subdivision 3. The owner is liable to the City for costs incurred in confining and disposing of the dog. 3. Subsequent Offenses. If a person has been convicted of a misdemeanor for violating a provision of Section 1 -265 or 1 -270, and the person is charged with a subsequent violation relating to the same dog, the animal control officer must may seize the dog. If the owner is convicted of the crime for which the dog was seized, the Gity court shall order that the dog be destroyed the de in a proper and humane manner and the owner is responsible for paying the cost of confining and destroying the animal. If the person is not convicted of the crime • for which the dog was seized, the owner may reclaim the dog upon payment to the City of a fee for the care and boarding of the dog. If the dog is not reclaimed by the owner within seven days after the owner has been notified that the dog may be reclaimed, the dog may be disposed of as provided under Minn. Stat. § 35.71, subdivision 3. The owner is liable to the City for the costs incurred in confining, impounding and disposing of the dog. 4. Disposition of Seized Dogs. a. Right to a Hearing. The owner of any seized dog has the right to a hearing by the Animal Control Review Panel. The notice and hearing requirements in Section 1 -255 will apply to a hearing requested under this section. Any hearing requested under this section will be held within 14 days of the request. In the event that the seizure is upheld by the Panel, actual expenses of the hearing up to a maximum of $1,000 will be the responsibility of the dog owner. The Panel will issue a decision within ten days after the hearing. The decision will be hand - delivered to the dog's owner or delivered via registered mail as soon as practical and a copy will be provided to the animal control officer and CitesManager. b. Security. A person claiming an interest in a seized dog may prevent • disposition of the dog by posting_ security in an amount sufficient to provide for the dog's actual cost of care and keeping. The security must ORDINANCE NO. be posted within seven days of the seizure inclusive of the date of seizure. Section 7. Chapter 1 of the Brooklyn Center City Code is amended by adding the following new Section 1 -276: Section 1 -276. RESTRICTIONS ON DOG OWNERSHIP. 1 Dog ownership prohibited Except as provided in paragraph 3 of this Section no person may own a do ig_ f the person has been: a convicted of a third or subsequent violation of Sections 1 -265 or 1 -270 or Minnesota Statutes, section 347.515; b convicted of 2 degree manslaughter due to negligent or intentional use of a dog under a violation under Minnesota Statutes, section 609,205, clause 4; C. convicted of a gross misdemeanor harm caused by a dog under Minnesota Statutes, section 609.226, subdivision 1; • d been convicted of a violation under Minnesota Statutes, section 609.226, subdivision 2• e had a dog ordered destroyed under Section 1 -280 and been convicted of one or more violations of Section 1 -265 1 -270, Minnesota Statutes, sections 347.515 or 609.226, subd. 2. 2 Household members If any member of a household is prohibited from owning a dog under paragraph 1 unless specifically gpproved with or without restrictions by the Ci1y, no person in the household is permitted to own a dog_ 3 Dog ownership prohibition review. Beginning three years after a conviction under Section 1 -276(1 ) that prohibits a person from owning�a dog, and annually thereafter, the person may request in writing to the City Manager that the Animal Control Review Panel review the prohibition The Panel may consider such facts as the seriousness of the violation or violations that led to the prohibition, any criminal convictions or other facts that the Panel deems appropriate. The Panel may rescind the prohibition entirely or rescind it with limitations. The Panel also may establish conditions a person must meet before the prohibition is rescinded, including but not limited to successfully completing dog training or dog handling courses. If the Panel rescinds a person's prohibition and the person subsequently fails to comply with any limitations imposed by the Cily or the . person is convicted of any animal violation involving unprovoked bites or dog attacks the Panel may permanentlyprohibit the person from owning a dog in this state. ORDINANCE NO. • Section 8. Section 1 -280 of the Brooklyn Center City Code is amended as follows: Section 1 -280 DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES. 1. Circumstances. Notwithstanding Sections 1 -265 to 1 -27-56, ° deg fl,°+ i ° +° vAffieut pr-eveeatien may be des4eyed in a proper and humane manner by the a dog may be ordered destroyed in a proper and humane manner by the animal control officer if the dog:_ a. inflicted substantial or great bodily harm on a human being on public or private property without provocation; b. inflicted multiple bites on a human being on public or. private property without provocation, C. bit multiple human victims on public or private property in the same attack without provocation; • d. bit a human on public or private property without provocation in an attack where more than one dog participated in the attack; or 2. Hearing. The animal control officer may not destroy the dog until the dog owner has had the o pporWp ty for a hearing before the Animal Control Review Panel. Section 9. Section 1 -300 of the Brooklyn Center City Code is amended as follows: Section 1 -300 PENALTY. 1. Any person violating the provisions of Sections 1 -265 or 1 -275, , er any ° ..a; +;°ns of a fieens°, shall, upon conviction thereof, be guilty of a misdemeanor and shall be subject to penalties specified for misdemeanors in Minnesota Statutes section 609 03 as amended from time to time. a f of not ° �° tog ether- --T+'i the eests of p ° utie . Each day that a violation exists shall constitute a separate offense. 2. It is a misdemeanor to remove a microchip from a dangerous or potentially dangerous dog, to fail to renew the registration of a potentially dangerous or dangerous dog, to fail to account for a dangerous dog's death or change of location where the dog will reside, to _sigma a false affidavit with respect to a • dangerous dog's death or change of location where the dog will reside, or to fail ORDINANCE NO. to disclose ownership of a dangerous dog to a property owner from whom the person rents property. 3. A person who is convicted of a second or subsequent violation of paragraphs (1) or-(2) is guilly of a gross misdemeanor. 4. An owner who violates Minnesota Statutes, section 347.542 or Section 1 -276 of this Code is guilly of a gross misdemeanor. 5. Any household member who knowingly violates Minnesota Statutes, section 347.542, subdivision 2, or Section 1 -276 of this Code is guift_y of a gross misdemeanor. Section 10. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2010. Mayor ATTEST: City Clerk Date of Publication: Effective Date: 13 MINNESOTA STATUTES 2009 347.50 as though reviewed by certiorari, except that new or additional evidence may be taken, if in the opinion of the court additional evidence is necessary or proper to the disposition of the case. P �' P P P History: 1967 c 695 s 8, 1980 c 467 s 42; 1987 c 380 art 3 s 8 347.39 PENALTIES. Violation of any provision of sections 347.31 to 347.40 or of any rule of the Board of Animal Health issued pursuant to sections 347.31 to 347.40, or operation of a kennel or as a dealer without a license, or operation of a kennel or as a dealer after revocation of a license or during a period of suspension, shall constitute a misdemeanor. History: 1967 c 695 s 9; 1980 c 467 s 43; 1987 c 380 art 3 s 9 347.40 EXCEPTIONS. Sections 347.31 to 347.40 shall in no way apply to any veterinarian licensed to practice in the state of Minnesota who keeps, congregates, or confines dogs or cats in the normal pursuit of the practice of veterinary medicine. History: 1967 c 695 s 11; 1969 c 363 s 2; 1987 c 380 art 3 s 10 REGULATION OF DANGEROUS DOGS • 347.50 DEFINITIONS. Subdivision 1. Terms. For the purpose of sections 347.50 to 347.56, the terms defined in this section have the meanings given them. Subd. 2. Dangerous dog. "Dangerous dog" means any dog that has: (1) without provocation, inflicted substantial bodily harm on a human being on public or private property; (2) killed a domestic animal without provocation while off the owner's property; or (3) been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Subd. 3. Potentially dangerous dog. "Potentially dangerous dog" means any dog that: (1) when unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, • in an apparent attitude of attack; or Copyright 0 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved 14 MINNESOTA STATUTES 2009 347.51 • tY , tendency, , or disposition 3) has a known ro i s osition to attack unprovoked, causing injury or ( P P Y otherwise threatening the safety of humans or domestic animals. Subd. 4. Proper enclosure. "Proper enclosure" means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting. Subd. 5. Owner. "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog. Subd. 6. Substantial bodily harm. "Substantial bodily harm" has the meaning given it under section 609.02, subdivision 7a. Subd. 6a. Great bodily harm. "Great bodily harm" has the meaning given it under section 609.02, subdivision 8. Subd. 7. Animal control authority. "Animal control authority" means an agency of the state, county, municipality, or other governmental subdivision of the state which is responsible for • animal control operations in its jurisdiction. Subd. 8. Provocation. "Provocation" means an act that an adult could reasonably expect may cause a dog to attack or bite. History: 1988 c 711 s 1; 1989 c 3 7 s 3 -5; 1994 c 550 s 1; 1 Sp2001 c 8 art 8 s 14,15; 2008 c 325 s 2 347.51 DANGEROUS DOGS; REGISTRATION. Subdivision 1. Requirement. No person may own a dangerous dog in this state unless the dog is registered as provided in this section. Subd. 2. Registration. An animal control authority shall issue a certificate of registration to the owner of a g P dangerous do if the owner resents sufficient evidence that: g (1) a proper enclosure exists for the dangerous dog and a posting on the premises with a clearly visible warning sign that there is a dangerous dog on the property, including a warning symbol to inform children; (2) a surety bond issued by a surety company authorized to conduct business in this state in a form acceptable to the animal control authority in the sum of at least $300,000, payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance Copyright 0 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 15 MINNESOTA STATUTES 2009 347.51 company authorized to conduct business in this state in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the dangerous dog; (3) the owner has paid an annual fee of not more than $500, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section; and (4) the owner has had microchip identification implanted in the dangerous dog as required under section 347.515. Subd. 2a. Warning symbol. If an animal control authority issues a certificate of registration to the owner of a dangerous dog pursuant to subdivision 2, the animal control authority must provide, for posting on the owner's property, a copy of a warning symbol to inform children that there is a dangerous dog on the property. The warning symbol must be the uniform symbol provided by the commissioner of public safety. The commissioner shall provide the number of copies of the warning symbol requested by the animal control authority and shall charge the animal control authority the actual cost of the warning symbols received. The animal control authority may charge the registrant a reasonable fee to cover its administrative costs and the cost of the warning symbol. Subd. 3. Fee. The animal control authority may charge the owner an annual fee, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under • this section. Subd. 3a. Dangerous dog designation review. Beginning six months after a dog is declared a dangerous dog, an owner may request annually that the animal control authority review the designation. The owner must provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the animal control authority finds sufficient evidence that the dog's behavior has changed, the authority may rescind the dangerous dog designation. Subd. 4. Law enforcement; exemption. The provisions of this section do not apply to dangerous dogs used by law enforcement officials for police work. Subd. 5. Exemption. Dogs may not be declared dangerous if the threat, injury, or damage was sustained by a person: (1) who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog; (2) who was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or (3) who was committing or attempting to commit a crime. Subd. 6. [Repealed, 1 Sp2001 c 8 art 8 s 30] Copyright 0 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 16 MINNESOTA STATUTES 2009 347.52 • Subd. 7. registered . A dangerous dog under this section must have a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol, affixed to the dog's collar at all times. Subd. 8. Local ordinances. A statutory or home rule charter city, or a county, may not adopt an ordinance regulating dangerous or potentially dangerous dogs based solely on the specific breed of the dog. Ordinances inconsistent with this subdivision are void. Subd. 9. Contracted services. An animal control authority may contract with another political subdivision or other person to provide the services required under sections 347.50 to 347.565. Notwithstanding any contract entered into under this subdivision, all fees collected under sections 347.50 to 347.54 shall be paid to the animal control authority and all certificates of registration must be issued in the name of the animal control authority. History: 1988 c 711 s 2; 1989 c 37 s 6 -10; 1991 c 195 s 1; 1994 c 550 s 2; 1997 c 187 art 3 s 32; ISp2001 c 8 art 8 s 16 -18; 2008 c 325 s 3 -7 347.515 MICROCHIP IDENTIFICATION. The owner of a dangerous or potentially dangerous dog must have a microchip implanted • in the dog for identification, and the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority. If the microchip is not implanted by the owner, it may be implanted by the animal control authority. In either case, all costs related to purchase and implantation of the microchip must be borne by the dog's owner. History: 1 Sp2001 c 8 art 8 s 19 347.52 DANGEROUS DOGS; REQUIREMENTS. (a) An owner of a dangerous dog shall keep the dog, while on the owner's property, in a proper enclosure. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. (b) An owner of a dangerous dog must renew the registration of the dog annually until the dog is deceased. If the dog is removed from the jurisdiction, it must be registered as a dangerous dog in its new jurisdiction. (c) An owner of a dangerous dog must notify the animal control authority in writing of the death of the dog or its transfer to a new location where the dog will reside within 30 days of the death or transfer, and must, if requested by the animal control authority, execute an affidavit under oath setting forth either the circumstances of the dog's death and disposition or the complete Copyright C 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. i 17 MINNESOTA STATUTES 2009 347.54 name address and telephone number of the person to whom the do has been transferred or • P P g the address where the dog has been relocated. (d) An animal control authority shall require a dangerous dog to be sterilized at the owner's expense. If the owner does not have the animal sterilized within 30 days, the animal control authority shall seize the dog and have it sterilized at the owner's expense. (e) A person who owns a dangerous dog and who rents property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a dangerous dog that will reside at the property. (f) A person who transfers ownership of a dangerous dog must notify the new owner that the animal control authority has identified the dog as dangerous. The current owner must also notify the animal control authority in writing of the transfer of ownership and provide the animal control authority with the new owner's name, address, and telephone number. History: 1988 c 711 s 3; 1 Sp2001 c 8 art 8 s 20; 2008 c 325 s 8 347.53 POTENTIALLY DANGEROUS AND DANGEROUS DOGS. Any statutory or home rule charter city, or any county, may regulate potentially dangerous and dangerous dogs. Except as provided in section 347.5 1, subdivision 8, nothing in sections • 347.50 to 347.565 limits any restrictions that the local jurisdictions may place on owners of potentially dangerous or dangerous dogs. History: 1988 c 711 s 4; 1989 c 37 s 11; 2008 c 325 s 9 347.54 CONFISCATION. Subdivision 1. Seizure. (a) The animal control authority having jurisdiction shall immediately seize any dangerous dog if: (1) after 14 days after the owner has notice that the dog is dangerous, the dog is not validly registered under section 347.51; (2) after 14 days after the.owner has notice that the dog is dangerous, the owner does not secure the proper liability insurance or surety coverage as required under section 347.5 1, subdivision 2; (3) the dog is not maintained in the proper enclosure; (4) the dog is outside the proper enclosure and not under physical restraint of a responsible person as required under section 347.52; or (5) the do g Y is not sterilized within 30 days, pursuant to section 347.52, paragraph (d). • Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved 18 MINNESOTA STATUTES 2009 347.541 • (b) If an owner of a dog is convicted of a crime for which the dog was originally seized, the court may order that the dog be confiscated and destroyed in a proper and humane manner, and that the owner pay the costs incurred in confiscating, confining, and destroying the dog. Subd. 2. Reclaimed. A dangerous dog seized under subdivision 1 may be reclaimed by the owner of the dog upon payment of impounding and boarding fees, and presenting proof to the appropriate animal control authority that the requirements of sections 347.51 and 347.52 will be met. A dog not reclaimed under this subdivision within seven days may be disposed of as provided under section 35.71, subdivision 3, and the owner is liable to the animal control authority for costs incurred in confining and disposing of the dog. Subd. 3. Subsequent offenses; seizure. If a person has been convicted of a misdemeanor for violating a provision of section 347.51, 347.515, or 347.52, and the person is charged with a subsequent violation relating to the same dog, the dog must be seized by the animal control authority having jurisdiction. If the owner is convicted of the crime for which the dog was seized, the court shall order that the dog be destroyed in a proper and humane manner and the owner pay the cost of confining and destroying the animal. If the owner is not convicted and the dog is not reclaimed by the owner within seven days after the owner has been notified that the dog may be reclaimed, the dog may be disposed of as provided under section 35.71, subdivision 3. • History: 1988 c 711 s 5; 1989 c 37 s 12; 2008 c 325 s 10,11 347.541 DISPOSITION OF SEIZED ANIMALS. Subdivision 1. Hearing. The owner of any dog declared dangerous has the right to a hearing by an impartial hearing officer. Subd. 2. Security. A person claiming an interest in a seized dog may prevent disposition of the dog by posting security in an amount sufficient to provide for the dog's actual cost of care and keeping. The security must be posted within seven days of the seizure inclusive of the date of the seizure. Subd. 3. Notice. The authority declaring the dog dangerous shall give notice of this section by delivering or mailing it to the owner of the dog, or by posting a copy of it at the place where the dog is kept, or by delivering it to a person residing on the property, and telephoning, if possible. The notice must include: (1) a description of the seized dog; the authority for and purpose of the dangerous dog declaration and seizure; the time, place, and circumstances under which the dog was declared dangerous; and the telephone number and contact person where the dog is kept; (2) a statement that the owner of the dog may request a hearing concerning the dangerous dog declaration and, if applicable, prior potentially dangerous dog declarations for the dog, and Copyright © 2009 by the Revisor of Statutes, State of Minnesota All Rights Reserved. 19 MINNESOTA STATUTES 2009 347.542 that failure to do so within 14 days of the date of the notice will terminate the owner's right to a • hearing under this section; (3) a statement that if an appeal request is made within 14 days of the notice, the owner must immediately comply with the requirements of section 347.52, paragraphs (a) and (c), and until such time as the hearing officer issues an opinion; (4) a statement that if the hearing officer affirms the dangerous dog declaration, the owner will have 14 days from receipt of that decision to comply with all other requirements of sections 347.51, 347.515, and 347.52; (5) a form to request a hearing under this subdivision; and (6) a statement that all actual costs of the care, keeping, and disposition of the dog are the responsibility of the person claiming an interest in the dog, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law. Subd. 4. Right to hearing. Any hearing must be held within 14 days of the request to determine the validity of the dangerous dog declaration. The hearing officer must be an impartial employee of the local government or an impartial person retained by the local government to conduct the hearing. In the event that the dangerous dog declaration is upheld by the hearing officer, actual expenses of the hearing up to a maximum of $1,000 will be the responsibility of • the dog's owner. The hearing officer shall issue a decision on the matter within ten days after the hearing. The decision must be delivered to the dog's owner by hand delivery or registered mail as soon as practical and a copy must be provided to the animal control authority. History: 2008 c 325 s 12 347.542 RESTRICTIONS. Subdivision 1. Dog ownership prohibited. Except as provided in subdivision 3, no person may own a dog if the person has: (1) been convicted of a third or subsequent violation of section 347.51, 347.515, or 347.52; 2 been convicted of a violation under section 609.205, clause (4); (3) been convicted of a gross misdemeanor under section 609.226, subdivision 1; (4) been convicted of a violation under section 609.226, subdivision 2; or (5) had a dog ordered destroyed under section 347.56 and been convicted of one or more violations of section 347.51, 347.515, 347.52, or 609.226, subdivision 2. Subd. 2. Household members. If any member of a household is prohibited from owning a dog in subdivision 1, unless specifically approved with or without restrictions by an animal control authority, no person in the household is permitted to own a dog. Copyright 0 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 20 MINNESOTA STATUTES 2009 347.56 Subd. 3. Dog ownership prohibition review. Beginning three years after a conviction under subdivision 1 that prohibits a person from owning a dog, and annually thereafter, the person may request that the animal control authority review the prohibition. The animal control authority may consider such facts as the seriousness of the violation or violations that led to the prohibition, any criminal convictions, or other facts that the animal control authority deems appropriate. The animal control authority may rescind the prohibition entirely or rescind it with limitations. The animal control authority also may establish conditions a person must meet before the prohibition is rescinded, including, but not limited to, successfully completing dog training or dog handling courses. If the animal control authority rescinds a person's prohibition and the person subsequently fails to comply with any limitations imposed by the animal control authority or the person is convicted of any animal violation involving unprovoked bites or dog attacks, the animal control authority may permanently prohibit the person from owning a dog in this state. History: 2008 c 325 s 13; 2009 c 86 art I s 62 347.55 PENALTY. (a) A person who violates a provision of section 347.51, 347.515, or 347.52 is guilty of a misdemeanor. • (b) It is a misdemeanor to remove a microchip from a dangerous or potentially dangerous dog, to fail to renew the registration of a dangerous dog, to fail to account for a dangerous dog's death or change of location where the dog will reside, to sign a false affidavit with respect to a dangerous dog's death or change of location where the dog will reside, or to fail to disclose ownership of a dangerous dog to a property owner from whom the person rents property. (c) A person who is convicted of a second or subsequent violation of paragraph (a) or (b) is guilty of a gross misdemeanor. (d) An owner who violates section 347.542, subdivision 1, is guilty of a gross misdemeanor. (e) Any household member who knowingly violates section 347.542, subdivision 2, is guilty of a gross misdemeanor. History: 1988 c 711 s 7, I Sp2001 c 8 art 8 s 21; 2008 c 325 s 14 347.56 DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES. Subdivision 1. Circumstances. Notwithstanding sections 347.51 to 347.55, a dog may be destroyed in a proper and humane manner by the animal control authority if the dog: (1) inflicted substantial or great bodily harm on a human on public or private property without provocation; (2) inflicted multiple bites on a human on public or private roe without provocation; P P P property �3' P Copyright 0 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 21 MINNESOTA STATUTES 2009 347.565 (3) bit multiple human victims on public or private property in the same attack without • provocation; or (4) bit a human on public or private property without provocation in an attack where more than one dog participated in the attack. Subd. 2. Hearing. The animal control authority may not destroy the dog until the dog owner has had the opportunity for a hearing before an impartial decision maker. The definitions in section 347.50 and the exemptions under section 347.5 1, subdivision 5, apply to this section. History: I Sp2001 c 8 art 8 s 22; 2008 c 325 s 15 347.565 APPLICABILITY. Sections 347.50 to 347.56 must be enforced by animal control authorities or law enforcement agencies, whether or not these sections have been adopted into local ordinance. History: 2008 c 325 s 16 • Copyright 0 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. City Council Agenda Item No. 10d COUNCIL ITEM MEMORANDUM DATE: May 18, 2010 TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Director SUBJECT: RESOLUTION APPROVING THE LABOR AGREEMENT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 (POLICE OFFICERS AND DETECTIVES) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2010 Recommendation: It is recommended that the City Council adopt resolution approving the labor agreement between the City of Brooklyn Center and Law Enforcement Labor Services (LELS) Local 82 for the period January 1, 2010 — December 31, 2010. Background: The current contract with LELS 82 (Police Officers and Detectives) expired on December 31 2009. The City and the Union have met and negotiated in good faith to reach a settlement on all issues of concern. This labor agreement covers police officers and police detectives for a total of 38 employees. The attached agreement has been approved by a vote of the members and upon adoption by the • City Council will establish wages and working conditions for 2010. The Articles affected by these negotiations include the following: Article 13 — Overtime Agreed to increase the maximum compensatory time bank to sixty (60) hours and provide that the first forty (40) hours will be paid into the Health Care Savings Plan as provided. Hours in excess of forty (40) up to twenty (20) hours will be paid out on or about the first check in December. Any hours less than 20 will be paid out on or about the first check in December. Article 14 — Court Time Agreed to incorporate the Memo of Understanding (MOU) regarding court time and stand -by pay into the labor agreement. The MOU was agreed upon by both parties in July 2009 after a grievance was filed based on previous language that was difficult to interpret. Article 19 — Severance Agreed to add new language that allows employees participating in a Health Care Savings Plan to receive 40% sick leave severance that is paid into their Health Care Savings Plan. Employee's not eligible to participate in the Health Care Savings Plan will receive one -third of sick leave severance. i Afission: Ensuring an attractive. clean, safe cmnmuraiti that enhances the quality aj'life land preserves rite public mist COUNCIL ITEM MEMORANDUM Article 29 — Insurance Increase the insurance contribution by $40 to $858. Also, provide an incentive of $40 for those • employees participating in a high deductible health plan. Article 30 — Wage Rates 0% increase for 2010. Existing scheduled pay steps will be processed accordingly. Also agreed to pay employees assigned to specific job classifications or positions $100 per month or $100 prorated for less than a full month in addition to their regular wage rate. These job classifications are School Resource Officer, Auto Theft Officer, Task Force Officer, and Juvenile Officer. Article 36 — Duration One year labor agreement January 1— December 31, 2010. Budget Issues: The cost of the increase in the City's insurance contribution equals $36,480 if all employees elect a high deductible health plan. The estimated cost of the step movements is approximately $22,000. The proposed 2010 budget appropriates sufficient funds to cover this expense. Council Goals: Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources • • Mission: Ensuring an attractive, clean, safe community that entrances the rtualir} rrf Iifs arty! preserves the ptiblic trrtst Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2010 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City has negotiated in good faith with LELS Local 86 (Commanders /Sergeants) for a contract for the year 2010 as attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to execute the attached contract with LELS Local 86 (Commanders /Sergeants) for calendar year 2010 with such language changes as may be necessary to clarify any terms, provided such language changes do not change the substance or monetary compensation set forth in the attached contract. BE IT FURTHER RESOLVED that authorized wage and benefit adjustments shall become effective according to the schedule of the agreement which commences January 1, 2010. • 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. i Master Labor Agreement Between City of Brooklyn Center And Law Enforcement Labor Services, Local Number 82 (Police Officers) January 1, 2010 — December 31, 2010 • TABLE OF CONTENTS i ARTICLE PAGE 1 Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Employer Security 2 5 Employer Authority 2 6 Union Security 2 7 Savings Clause 2 8 Constitutional Protection 2 9 Seniority 3 10 Work Schedules 4 11 Discipline 4 12 Employee Rights — Grievance Procedure 5 13 Overtime 7 14 Court Time 8 15 Call Back Time 8 16 Working Out of Classification 8 17 Standby Pay 9 • 18 Leaves of Absence 9 19 Severance 9 20 Injury on Duty 10 21 False Arrest Insurance 10 22 Training 10 23 Post License Fees 10 24 Uniforms 10 25 Longevity and Educational Incentive 10 26 Holiday Leave 11 27 Vacation Leave 12 28 Sick Leave 12 29 Insurance 13 30 Wage Rates 14 31 Benefits for Retirees 15 32 Mileage and Expense Reimbursement 15 33 Light Duty 16 34 Health Care Savings Plan 16 34 Agreement Irnplementation 16 35 Waiver 16 • 36 Duration 17 ARTICLE 1— Purpose of Agreement This Agreement is entered into between the City of Brooklyn Center, hereinafter called the Employer, • and Law Enforcement Labor Services, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2 - Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under the Minnesota Public Employment Labor Relations Act, for all police personnel in the following job classifications: Detective Police Officer 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 - Definitions 3.1 UNION: Law Enforcement Labor Services. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services. • 3.3 DEPARTMENT: The City of Brooklyn Center Police Department. 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.5 EMPLOYER: The City of Brooklyn Center. 3.6 CHIEF: The Chief of the Brooklyn Center Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services (Local No. 82). 3.8 DETECTIVE: An employee specifically assigned or classified by the Employer to the job classification and/or job position of Detective. 3.9 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAKS: A eriod during the scheduled shift during which the employee remains on p g g P i continual duty and is responsible fo r assigned duties. 3.13 REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for detective and school liaison officer excluding any other special allowance. 3.14 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of inducing, influencing, or . coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. 1 ARTICLE 4 - Employer Security • The Union agrees that during the life of this Agreement the Union will not cause, encourage, participate in or suppo any strike slowdown or other interruption of or interference with the normal functions of the Employer. ARTICLE 5 - Employer Authority 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel, to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this discretion o f the Employer to modi establish or Agreement shall remain solely within the , �' Y w modify, eliminate. ARTICLE 6 — Union Security 6.1 The Employer shall deduct the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7 - Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Brooklyn Center. In the event any provision of the Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in i full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 8 — Constitutional Protection . Employees shall have the rights granted to all citizens by the United States and Minnesota Constitutions. 2 ARTICLE 9 - Seniority 9.1 Seniority shall be determined by continuous length of service in all of the job classifications • covered by Agreement. this A eement Employees promoted or assigned to classifications covered by this Agreement shall accrue classification seniority in the promoted or assigned classification in addition to bargaining unit seniority. Employees promoted from classifications covered by this Agreement to a position outside the bargaining unit will continue to accrue seniority under this Agreement until the completion of their promotional probationary period or for no longer than twelve (12) months. The seniority roster shall be based on length of service in all of the job classifications covered by this Agreement. Employees lose seniority under this Agreement under the following circumstances: resignation, discharge for cause, or transfer or promotion to a classification not covered by this Agreement after completion of the promotional probationary period or for no longer than twelve (12) months after transfer or promotion. 9.2 There shall be an initial probationary period for new and promoted employees of twelve (12) months. During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. The Employer shall give the Union and the employees at least two (2) weeks written notice in advance of any layoff. Employees shall be recalled from layoff on the basis of seniority. An employee • on layoff shall have an opportunity to return to work within two (2) years of the time of the layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments, and promotions when the job - relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full -time employment. Except as noted in the preceding sentence, shift assignments shall be bid on the basis of seniority on April 1 for the period May 1 through October 31 and October 1 for the period November 1 through April 30, or after a permanent change in the work schedule. A permanent change in the work schedule will not result in re- bidding the work schedule if the permanent change in the work schedule would be effective within 90 days of April 1 or October 1. If the work schedule is to be re -bid by virtue of a permanent change in the work schedule, shift assignments will be re -bid within 30 days after an permanent change in the work schedule. Employees will not be subject to shift any rotation more often than every four (4) months. 9.6 The Employer shall recognize reverse seniority by classification as the primary factor when calling off -duty employees to duty and when considering scheduled duty changes if such employees are qualified. 9.7 One continuous vacation period shall be selected on the basis of seniority until April 1 of . each calendar year. 3 i 9.8 The Employer shall recognize seniority as the primary factor when authorizing holiday leave • and compensatory time leave. 9.9 No time shall be deducted from an employee's seniority accumulation due to absences occasioned by an authorized leave with pay, layoffs of less than two (2) years in duration, or any military draft or government call -up to Reserves or National Guard. ARTICLE 10 — Work Schedules 10.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each employee through: a. hours worked on assigned shifts, b. holidays, C. assigned training, and d. authorized leave time. 10.2 Authorized leave time (including holiday hours) is to be calculated on the basis of the actual hours used for such leave based on the time that the employee would otherwise have been scheduled to work. 10.3 Nothing in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. ARTICLE 11- Discipline 11.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a. oral reprimand; b. written reprimand; C. suspension; d. demotion; or e. discharge. 11.2 Suspension, demotions, and discharges will be in written form. 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 11.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer. 11.5 A single disciplinary action for failure to attend training, court or tardiness will be removed from the personnel file after 18 months if, during that time, the single incident of discipline . for failure to attend training, court or tardiness, is the only occurrence of discipline during that 18 month period. 4 11.6 Discharges will be preceded by a five (5) day suspension without pay. 11.7 For purposes of discipline, a day will mean eight (8) hours. • 11.8 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 11.9 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article 12. ARTICLE 12 — Employee Rights — Grievance Procedure 12.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 12.2 Union Representatives - The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when so designated as provided by 6.2 of this Agreement. 12.3 Processing of a Grievance - It is recognized and accepted by the Union and the Employer • that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 12.4 Procedure - Grievances, as defined by Section 12. 1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty -one (2 1) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer - designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer - designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. 5 Std If appealed, the written grievance shall be presented by the Union and discussed with the Employer - designated Step 2 representative. The Employer - designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer - designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. SIM 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer - designated Step 3 representative. The Employer - designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer - designated representative's final answer to Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual Agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timelines for Step 4 of the grievance procedure. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days of mediation shall be considered waived. Step 4. A grievance unresolved in Step 3 or Step 3a and appealed to Step 4 by the Union i shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 12.5 Arbitrator's Authority a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne • equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing 6 it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. • 12.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived ". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union in each step. ARTICLE 13 — Overtime 13.1 Employees will be compensated at one and one -half (1 '/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be i pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest six (6) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the employee from so working. 13.7 When uniformed patrol employees have less than twelve (12) hours of duty -free time between assigned shifts, they will be compensated at a rate of one and one -half (1 %) times the employee's regular base pay rate for the next shift. For purposes of this Article, shift extensions, elected overtime, voluntary changes of shifts, City - contracted work, training, and court time are considered as duty -free time. The twelve (12) hour requirement may be waived by mutual Agreement between the Employee and the Police Administration. 13.8 As an option to monetary compensation for overtime, an employee may elect compensatory time off at a rate of one and one -half (1 ' /z) time. An employee's compensatory time bank shall not exceed sixty (60) hours at any time during a calendar year. Hours in excess of forty . (40) up to twenty (20) hours will be paid out on or about the first check in December. Any hours less than 20 will be paid out on or about the first check in December. No compensatory time will be accumulated or used during the month of December. Special overtime duty assignments made available to all positions by the Chief of Police at the police . officer's rate of compensation will not be eligible for compensatory time. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer - designated supervisor. 7 13.9 Employees given less than sixteen (16) hours notice of a scheduled duty change other than • their regularly scheduled work period shall be compensated at one and one -half (1 %2) times the employee's regular pay rate for hours worked outside of the scheduled work period. ARTICLE 14 - Court Time 14.1 Court Appearances: 14.1.1 An employee who is required to appear in court during their scheduled off -duty time shall receive a minimum of three (3) hours pay at one and one -half (1 1 /2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for court appearance does not qualify the employee for the three (3) hour minimum. Employees shall not be required to work office or street duty to qualify for the court time minimum. 14.1.2 An employee who is required to appear in court during their scheduled off -duty time shall be given 12 hours prior notification of cancellation of the court appearance. If the notification if not given 12 hours prior to the scheduled court time, the employee will receive the three (3) hour court time minimum. 14.2 Standby Pay: : Y 14.2.1 Any employee placed on standby on scheduled days on will be paid three (3) hours at one times the employee's base pay. IE: If an officer is scheduled to work night shift on Monday and Tuesday night and is placed on standby on Monday or Tuesday, then • standby pay would be at straight time. 14.2.2 An employee who is placed on standby for court during their scheduled off -duty time shall be given 12 hours prior notification of cancellation of the court appearance. If the notification is not given 12 hours prior to the scheduled court time, the employee will receive the three (3) hour minimum as provided in Section 14.2.1 or 14.2.2. 14.2.3 Any employee who is placed on stand -by for court should retain a copy of the notice placing them on stand -by, or obtain the name of the person placing them on stand -by. ARTICLE 15 - Call Back Time An employee who is called to duty during their scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one -half (1 '/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hours minimum. ARTICLE 16 - Working Out Of Classification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. 8 ARTICLE 17 — Standby Pay Employees required by the Employer to standby shall be paid for such standby time at the rate of one • hour's pay for each hour on standby. ARTICLE 18 — Leaves of Absence 18.1 In cases of demonstrated need and where sick leave has not been abused, the Employer shall grant to employees a leave of absence without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence, the Employer will not permanently fill the employee's position and the employee's benefits and rights shall be retained. 18.2 An employee called to serve on a jury shall be reimbursed the difference between the amount paid for such service (exclusive of travel and expense pay) and compensation for regularly scheduled working hours lost because of jury service. 18.3 Employees ordered by proper authority to National Guard or Reserve Military Service not exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence without loss of status. Such employees shall receive compensation from the Employer equal to the difference between his regular pay and the lesser military pay. 18.4 Employees called and ordered by proper authority to active military service in time of war or • other properly declared emergency shall be entitled to leave of absence without pay during such service. Upon completion of such service, employees shall be entitled to the same or similar employment of like seniority, status, and pay as if such leave had not been taken, subject to the specific provisions of state and federal law. 18.5 Members of the bargaining unit will receive such additional leaves as provided for under State or Federal law, as the same laws may be amended from time to time. 18.6 Additional leaves of absence may be granted in the City Manager's discretion upon the same terms and conditions as then applicable to non -Union employees pursuant to the City's Personnel policy applicable to non -Union employees at the time of application for a leave of absence. ARTICLE 19 - Severance 19.1 An employee shall give the Employer two (2) weeks notice in writing before terminating his employment. 19.2 Severance pay in the amount of one -third (1/3) the accumulated sick leave employees have to their credit at the time of resignation or retirement, times their respective regular pay rate, shall be paid to employees who have been employed for at least five (5) consecutive years. If discharged for just cause, severance pay shall not be allowed. 19.3 Employees electing to participate in the Health Care Savings Plan will receive 40% of sick leave severance paid into the Health Care Savings Plan. If the employee is not eligible to have a Health Care Savings Plan they will receive the one -third sick leave severance. 9 ARTICLE 20 — Injury on Duty Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the employee's regular pay and Workers' Compensation insurance payments for a period not to exceed 720 hours per injury, not charged to the employee's vacation, sick leave, or other accumulated paid benefits, after a three (3) calendar day initial waiting period per injury. The three (3) calendar day waiting period shall be charged to the employee's sick leave account if they were regularly scheduled work days less Workers' Compensation insurance payments. ARTICLE 21- False Arrest Insurance The City of Brooklyn Center shall maintain liability insurance that includes a provision for unlawfully detaining an individual when an employee is acting within the scope of their duties on behalf of the City of Brooklyn Center. ARTICLE 22 - Training 22.1 The Employer shall reimburse each employee who is required to maintain a license as a law enforcement officer under Minnesota Statutes, Section 626.84, et sec ., for actual expenses of tuition, meals, travel, and lodging incurred in meeting the continuing education requirements of the Minnesota Police Officers Standards and Training Board, not to exceed 48 hours of such training every three (3) years. The Employer need not make such reimbursement for attendance at a course located less than sixty (60) miles from the City of Brooklyn Center and such reimbursement shall not exceed similar allowances for state employees. If the Employer provides in- service training to its employees which meets the continuing education requirements of the Minnesota Police Officers Standards and Training Board, and if the Employer provides its employees with an opportunity to attend such in- service training courses, to the extent that such opportunity is provided to each employee, the obligation of the Employer to reimburse such employee for expenses incurred in attending continuing education courses shall be reduced. 22.2 The Employer shall pay each employee a minimum of their regular salary for all scheduled course hours while attending Employer approved or Employer required continuing education courses, whether or not such courses attended are in- service training courses or courses given by instructors other than the Employer. Should a course exceed the scheduled course hours, the Employer shall pay the employee for the actual hours in attendance. ARTICLE 23 — Post License Fees The Employer shall pay up to $90 for the cost of POST license fees for all employees requiring such license during each license period. ARTICLE 24 - Uniforms The Employer shall provide required uniform and equipment items. In addition, the Employer shall pay to the uniformed officers a maintenance allowance of $155 per year. Plainclothes officers, including the trainee, shall be paid a clothing allowance of $590 per year. ARTICLE 25 — Longevity and Educational Incentive . 25.1 After twelve (12) years of continuous employment, each employee shall choose to be paid supplementary pay of $118 per month or supplementary pay based on educational credits as outlined in 25.4 of this Article. 10 25.2 After sixteen (16) years of continuous employment, each employee shall choose to be paid supplementary pay of $202 per month or supplementary pay based on educational credits as • outlined in 25.4 of this Article. 25.3 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 25.4 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of: Bachelor's Degree $118 /month Master's Degree $202 /month ARTICLE 26 — Holiday Leave 26.1 Employees shall receive eight (8) hours of holiday leave per month. Ninety -six (96) hours of holiday leave shall be advanced to employees on January 1 St of each calendar year beginning on January 1 St 2002. In the event an employee is not employed for the entire calendar year, the employee's holiday leave shall be reduced by eight (8) hours for each full month that the employee will not have worked in that calendar year. 26.2 Employees may use holiday leave with the approval of the Employer. 26.3 An employee who works on New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Memorial Day, Veteran's Day, Columbus Day, Martin Luther King • Day, or President's Day shall receive one and one -half (1 1 /2) times the employee's regular pay rate for all hours actually worked during the named holiday. 26.4 Except as provided in 26.3, overtime pay shall not be authorized for employees for hours worked on holidays when such work is part of the planned schedule. 26.5 An employee who is on their regularly scheduled day off for a holiday as specified in 26.3, and is called in to work or kept over to work such holiday due to staff shortage(s), etc., will receive two times the employee's regular pay rate for all hours actually worked during the named holiday in lieu of one and one -half (1 1 /2) times the employee's regular pay rate under Section 26.3. Employees who accept a shift under 26.6 shall be paid as provided in 26.3 and 26.4 and shall not be eligible for payment pursuant to 26.5. 26.6 An employee may request a holiday off, which they are required to work, prior to fourteen calendar days before the holiday. The Employer shall post the open holiday shift to be filled by another employee at the holiday rate of pay. The employee making the request for the holiday off is responsible for working the holiday if the posting is not filled five (5) days prior to the holiday. 26.7 Employees beginning employment after January 1 St of a calendar year shall receive eight (8) hours of holiday leave per month beginning on the first month in which they are working as of the first day of that month. Such employees shall receive an advance of holiday leave • hours equal to eight (8) hours multiplied by the number of whole months they will work through December of the year in which they were first employed. 11 26.8 Any holiday leave not used on or before December 31" of each year will be deemed forfeited • and shall not carry over into the next calendar year. ARTICLE 27 — Vacation Leave 27.1 Permanent full -time employees shall earn vacation leave with pay as per the following schedule: 0 through 5 years of service - eighty (80) hours per year (accrued at 3.08 hours per pay period) 6 through 10 years of service - one hundred twenty (120) hours per year (accrued at 4.62 hours per pay period) eight (8) additional hours per year of service to a maximum of one hundred sixty (160) hours after fifteen (15) years of service 11 years - 4.92 hours per pay period 12 years 5.23 hours per pay period 13 years - 5.54 hours per pay period 14 years - 5.85 hours per pay period 15 years - 6.15 hours per pay period 27.2 Employees using earned vacation leave or sick leave shall be considered working for the • purpose of accumulating additional vacation leave. 27.3 Vacation may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. No employee shall be allowed to use vacation leave during their initial six (6) months of service. Employees shall not be permitted to waive vacation leave and receive double pay. 27.4 Employees with less than five (5) years of service may accrue a maximum of one hundred twenty (120) hours of vacation leave. Employees with more than five (5) but less than fifteen (15) consecutive years of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of one hundred sixty (160) hours of vacation leave. Employees with fifteen (15) consecutive years or more of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of two hundred thirty (230) hours of vacation leave. 27.5 Employees leaving the service of the Employer shall be compensated for vacation leave accrued and unused. ARTICLE 28 — Sick Leave 28.1 Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight (8) hours per month or ninety -six (96) hours per year (computed at 3.69 hours per pay period) of full -time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use during the first six (6) months of service. 12 28.2 Sick leave shall be used normally for absence from duty because of personal illness or legal quarantine of the employee, or because of serious illness in the immediate family. Immediate • family shall mean brother, sister, parents, parents -in -law, spouse, or children of the employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers -in-law, sisters -in -law, grandparents, grandparents -in -law, and grandchildren of the employee. In addition to the preceding conditions, supervisors may approve the use of sick leave, up to a maximum of four (4) days (32 hours) per calendar year, for the care of the employee's children or spouse when the employee's supervisor determines that the situation requires the employee's presence. The four (4) special-use days (32 hours) cannot be accumulated from one year to the next, and if they are not used, they are included in the employee's normal sick -leave accumulation. 28.3 Sick leave shall accrue at the rate of eight (8) hours per month or ninety -six (96) hours per year until nine hundred sixty (960) hours have been accumulated (shall be computed at 3.69 hours per pay period). Effective January 1, 1994, after nine hundred sixty (960) hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month or forty- eight (48) hours per year (computed at 1.85 hours per pay period), and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month or twenty -four (24) hours per year (computed at .925 hours per pay period). Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workers' Compensation benefits shall be credited against the compensation due employees utilizing sick leave. 28.4 In order to be eligible for sick leave with pay, an employee must: • a. notify the Employer prior to the time set for the beginning of their normal scheduled shift; b. keep the Employer informed of their condition if the absence is of more than three (3) days duration; C. submit medical certificates for absences exceeding three (3) days, if required by the Employer. 28.5 Employees abusing sick leave shall be subject to disciplinary action. 28.6 An employee who has accumulated 960 hours of sick leave and who uses not more than the equivalent of two regularly scheduled shift's worth of sick leave hours in a calendar year shall receive a wellness incentive equal to one of the employee's regularly scheduled shifts' compensation at the employee's regular rate of compensation. TICLE 29 - Insurance 29.1 2010 Full -time employees Effective 1/1/10, the City will contribute payment of eight hundred fifty -eight dollars ($858) per month per employee for use in participating in the City's insurance benefits. For 2010 employee electing to participate in a high deductible health plan will receive an incentive of $40 per month. 13 • 29.2 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use as provided in the Employer's Benefit Plan. The Employer will make a good faith effort to provide the following options for employee selection: group dental, supplemental life, long -term disability, deferred compensation or cash benefits. The Employer will be excused from the requirement of offering a particular option where such becomes unfeasible because of conditions imposed by an insurance carrier or because of other circumstances beyond the City's control. ARTICLE 30 - Wage Rates REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for detective, drug task force and school liaison officer; and excluding any other special allowance. 30.1 Effective January 1. 2010 Police Officer base rate: There shall be no general wage increase and the salary structure for 2009 shall continue unchanged for 2010. (P5) After 36 months of continuous employment $5660.29 per month (P4) After 24 months of continuous employment 93% of After 36 months rate • (P3) After 12 months of continuous employment 86% of After 36 months rate (P2) After 6 months of continuous employment 79% of After 36 months rate (Pl) Starting rate 68% of After 36 months rate 30.2 Employees classified or assigned by the Employer to the following job classifications or positions will receive two hundred dollars ($200) per month or two hundred dollars ($200) prorated for less than a full month in addition to their regular wage rate. Detective. Employees classified or assigned by the Employer to the following job classifications or positions will receive one hundred dollars ($100) per month or one hundred dollars ($100) prorated for less than a full month in addition to their regular wage rate. Theft Officer Task Force Officer Juvenile Officer School Resource Officer Auto O 30.3 Detectives Serving On -Call: Detectives will work a schedule which requires them to serve on -call on a rotating basis. The City will pay each Detective serving on -call on a rotating basis one hundred sixty -five dollars ($165.00) per month in addition to their regular wage. Detectives who are called back to duty while serving on -call will be paid according to Article 15 of the labor Agreement. Officers assigned to work with the Detectives for training purposes will not receive the one hundred sixty -five ($165.00) per month nor will they be required to serve on -call. • 30.4 Employees classified or assigned by Employer to the position of Field Training Officer (FTO) will receive one additional vacation hour for every shift of eight hours or longer. 14 30.5 When there is no Sergeant on duty, and senior management personnel do not assume • command of the shift, the senior officer working will be in charge of the shift. The senior officer working the shift will have the choice to opt out of working as officer in charge of the shift. An election to opt out of working as officer in charge of the shift shall be effective for the balance of the calendar year. Officers wishing to make an election to opt out of serving as officer in charge of the shift shall make such election during the first 2 weeks of January. Employees may opt out of working as senior officer in charge of shift on an annual basis at the beginning of each year. The officer in charge will receive, in addition to their regular hourly pay, two dollars ($2.00). Officer in charge pay will be calculated to the nearest six (6) minutes. 30.6 Field Training Officers while serving in the capacity of a Field Training Officer (working g 0 is s e s g p ty g ( g with a new olice officer shall not serve as the senior officer in e. char p ) g 30.7 Employees classified by the Employer to the canine handler classification will receive the following in addition to their regular wage rate: a. The officer will receive the last thirty (30) minutes of each scheduled shift for dog maintenance and care at the officer's home. b. The officer will receive forty-five (45) minutes of overtime pay for dog maintenance, • care, and training for each of the officer's scheduled days off. C. When the officer uses time off (sick, vacation, or comp time) for any whole scheduled shift, he must take time equivalent to one -half hour less than whole shift and be paid for whole shift. d. When the officer uses holiday time for any whole schedule shift, he must take eight (8) hours of leave time and will be paid for eight (8) hours. e. When the officer uses a portion of a scheduled shift as sick or vacation time, which is less than the full eight (8) hours, he must take the actual time used in leave time. f. When dog is out of the care of the canine officer, all above items do not apply. ARTICLE 31— Benefits For Retirees Retirees at the time of retirement shall receive the same options and level of City contribution for insurance coverage upon retirement as are provided b the City's Personnel Policy covering g P P Y tY Y g non- Union employees as such options and contributions may be changed by the City from time to time. ARTICLE 32 — Mileage and Expense Reimbursement Employees shall receive the same mileage and expense reimbursement rates upon the same terms and conditions as generally provided in the City's Personnel Policy covering non -Union employees as such policy may be changed by the City from time to time. 15 ARTICLE 33 — Light Duty • Members of the bargaining unit will be eligible for temporary light duty assignment upon approval of the City Manager upon such terms and conditions as would apply to non -Union employees of the City as set forth in the City's Personnel Policy, as the same may be amended from time to time by the City. ARTICLE 34 — Health Care Savings Plan 34.1 The State of Minnesota through Minnesota Statute 352.98 has authorized the Minnesota State Retirement System (MSRS) to establish and administer a Health Care Savings Plan (HCSP.) 34.2 Participation in this program is mandatory, based on specific criteria, for all employees covered by this labor agreement. 34.3 All Employees with three or more years of service with a compensatory time balance as of December 1 of each year will pay the first 40 hours of the existing balance to the Employee's HCSP account. 34.4 All Employees eligible for retirement according to PERA and who terminate their employment from the City of Brooklyn Center will pay to the Employee's HCSP account at the time of termination, 40% of accumulated sick leave, all of the Employee's accrued vacation up to a maximum of 230 hours, and all of the Employee's accrued compensatory time up to a maximum of 60 hours. • ARTICLE 34 - Agreement Implementation Employer shall implement the terms of this Agreement in the form of a resolution. If the implementation of the terms of this Agreement require the adoption of a law, ordinance, or charter amendment, the Employer shall make every reasonable effort to propose and secure the enactment of such law, ordinance, resolution, or charter amendment. ARTICLE 35 - Waiver 35.1 Any and all prior Agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 35.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. 16 ARTICLE 36 - Duration This Agreement shall be effective as of January 1, 2010 and shall remain in full force and effect until • the thirty-first (3 1) day of December, 2010, as noted in the contract. IN WITNESS THERETO, the parties have caused this Agreement to be executed this day of , 2010. FOR THE CITY OF FOR LAW ENFORCEMENT BROOKLYN CENTER LABOR SERVICES Mayor Business Agent City Manager Union Steward • • 17 AGENDA, CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION • May 24, 2010 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. John Roder Request to Reconsider Sterling Square Rental License Revocation 2. 6101 Beard -6037 Brooklyn Blvd Update 3. Bus Shelter Location Policy 4. Apartments with Delinquent Payments Policy 5. State Funded Local Government Aid Policy PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Sister City Update — Curt 2. 57th and Logan Update 3. Strategic Outcome Reports • 4. Prosecutor Services Contract 5. Community Schools Update 6. 2011 Brooklyn Center Celebration Update 7. Neighborhood Designations 8. Junk and Inoperable Vehicles Update — Back Yard Parking 9. Minn. Stat. 273.128 4d Rental Properties — Annual Report — January 10. Brookdale Mall Update 11. Joslyn/City Property Remediation Update 12. Department Year End Reports 13. Active Living Program 14. RER — Howe Fertilizer Update 15. Garbage Hauler Report • Work Session Agenda Item No. 1 r MEMORANDUM - COUNCIL WORK SESSION • DATE: May 18, 2010 TO: City Council FROM: Curt Boganey, City Managerl� SUBJECT: Sterling Square Revocation Appeal Recommendation: It is recommended that the City Council consider providing direction to staff regarding the request of Sterling Square Apartments to reconsider the one year rental license revocation approved by the City Council on April 26 Background: On April 12 the City Council held a rental license suspension/revocation hearing for the Sterling Square Apartments, due to delinquent utility and property tax payments. On April 26 the City Council adopted Resolution 2010 -77 revoking the license for one year based on a finding of facts (attached). On May 10 Mr. John goder approached the City Council during open forum asking the City • Council reconsider the revocation and he provided a written statement justifying the request (attached). On May 18 at my request Mr. Roder provided further written justification for his request. This item is placed on the worksession so that so that you may provide further direction in response to Mr. Roder and his request. Mr. Roder will be notified of the meeting and advised that input is allowed at the end of the Council discussion unless otherwise approved by the City Council. Policy Issues: 1. Is the public interest served by reconsidering the license revocation action of the City Council? Council Goals: Select not more than two. Strategic: 1. We will stabilize and improve residential neighborhoods . Ongoing: Mission: Ensuring an attractive, clean, safe conununity that enhances the quality of life any! preserves the public trust MEMORANDUM - COUNCIL WORK SESSION 1. We will ensure the financial stability of the City • Mission: Ensuring an attractive, clean, safe community that enhances the nlualih of life and preserves the public trust • Member Tim Roche introduced the following resolution and moved its adoption: RESOLUTION NO. 2010 -77 RESOLUTION MAKING FINDINGS OF FACT AND ORDER RELATING TO STERLING SQUARE APARTMENTS, 1400 AND 1401 67TH AVENUES NORTH AND 6640 AND 6700 HUMBOLDT AVENUES NORTH A hearing was held by the Brooklyn Center City Council on the 12th day of April, 2010, at 7:00 pm at the Brooklyn Center City Hall on the matter of the rental license of John Paul Roder for Sterling Square Apartments (1400 and 1401 - 67th Avenue North and 6640 and 6700 Humboldt Avenue North) pursuant to Sections 12 -901 and 12 -910 of the Brooklyn Center City Code. City staff, presenting the alleged violations, was represented by William G. Clelland, Esq., Carson, Clelland & Schreder, Brooklyn Center, Minnesota. The licensee did not appear. Having heard and duly considered the evidence presented at the hearing and having given due regard to the frequency and seriousness of the violation, the ease with which the violation could have been cured or avoided and good faith efforts to comply, the Council makes the following FINDINGS OF FACT and ORDER: . FINDINGS OF FACT 1. John Paul Roder is the holder of a regular rental license for properties located at 1400 and 1401 - 67th Avenue North and 6640 and 6700 Humboldt Avenue North. 2. City Code Section 12 -901, paragraph 9 provides that at all times during the term of a rental license, the licensee shall be current in payments of taxes, utilities, and assessments. 3. Notice of this proposed license action was mailed to John Paul Roder. 4. Received in evidence was a copy of the notice of proposed license action and the letter serving the notice, and copies of Hennepin County tax payment status and utility billing history. 5. The City Clerk testified that utility payments totaling over Ten Thousand Dollars ($10,000) that had been unpaid and delinquent at the time of giving notice of the hearing had been paid by the date and time of the hearing on April 12, 2010, except for a balance remaining of $10.35 and that real estate taxes in the amount of $35,055.41 were unpaid and delinquent at the time and date of the hearing. RESOLUTION NO. 2010 -77 • BASED UPON SAID FINDINGS, the City Council now makes the following ORDER 1. The rental housing license held by John Paul Roder for the rental dwellings at 1400 and 1401 - 67th Avenue North and 6640 and 6700 Humboldt Avenue North is hereby revoked. No application for a new license shall be granted unless all payments are current in accordance with City Code, Section 12 -901, paragraph 9. No application for a new license will be considered by the City Council until April 27 20 11 . 2. This revocation applies to all parts of 1400 and 1401- 67th Avenue North and 6640 and 6700 Humboldt Avenue North. 3. Revocation shall be effective on and from April 27, 2010. 4. The City Clerk is directed to mail a copy of this Resolution to the licensee. 5. The licensee is advised that Brooklyn Center City Code, Section 12 -910, paragraph 8, prohibits the reletting, rental or occupancy of rental units that are vacant at the time • of revocation and/or that become vacant during the period of revocation and until the licensee has a valid rental license. 6. The licensee is further advised that Brooklyn Center City Code, Section 12 -910, paragraph 8 also provides that revocation shall not excuse the owner from compliance with all terms of state law and codes and the City Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all the terms of the City Code, Chapter 12 during the term of the revocation is a misdemeanor and grounds for a decision not to issue a new license. • RESOLUTION NO. 2010 -77 By Order of the City Council of the City of Brooklyn Center this 26th day of April, 2010. April 26, 2010 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kay Lasman and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. • May 10 2010 • City of Brooklyn Center, Minnesota City Council Meeting — Open. Forum 1) Owner John Roder /Sierra Sterling Investments, LLC requests rescission of Council adopted Resolution Number 2010 -77, April 20, 2010 based on the following information: 2) Owner John Roder was not present at hearing dated A 12TH , 2010 due to the illness of co- worker John Cooke who has been extensively treated at Mayo Clinic and Hennepin Medical Center stemming from an original cancer diagnosis on July 31 sT , 2009, radiation/chemotherapy treatments, and resulting post surgical near death complications from cancer surgery done on October 20 2009. Owner John Roder has known John Cooke over 28 years. 3) The aforesaid creating extensive internal stress on Sierra Sterling investments Management of Sterling Square Apartments due to John Cooke being off work over 6 months total and nearly expiring on three separate occasions which ultimately caused the resolution 2010 -77 to be adopted. 4) The issues resulting in Resolution number 2010 -77 are now complied with, to wit: utilities are current, property taxes are paid. 5) Sierra Sterling Investments, LLC has effectively owned/operated this property , 10 years with no prior license revocation and has maintained the property and buildings in a manner consistent.with State Law, and appropriate City Ordinances. 6) Sierra Sterling Investments, LLC is not immune from recent external macro and micro economic forces in the general U.S. economy and if the Council -- resolution 2010=77 - does no rescind said au ion based on all conditions -in tlie resolution now being resolved, Sierra Sterling Investments, LLC. may not be for 1 said rental license as the able to own/manage the property y ear without rental income would be decidedly affected to the point of potential bankruptcy. ALL OF THE AFORESAID, TO WIT: COMES NOW JOHN RODER/SIERRA STERLING INVESTMENTS, LLC. TO: respectfully request the City of Brooklyn Center City Council to rescind resolution number 2010-77, and reinstate said rental license, all being in the best interest of Sterling Square Apartments located within the City of Brooklyn Center, Minnesota. MAll 13 May 18 2010 • City of Brooklyn Center, Minnesota, City Council meeting agenda topic for May 24 2010 City Council hearing. Comes Now Sierra Sterling Investments, John Roder, to request the City of Brooklyn Center Council to adopt a resolution to reinstate Sterling Square Apartments rental license for the forthcoming reasons: On April 12 2010, The Brooklyn Center City Council adopted resolution 2010 -77, in which Sterlin g Square S Apartments rental license was revoked. P ' 1) Owner John Roder was not present at hearing dated April 12 2010 due to the illness of co- worker John Cooke who has been extensively treated at Mayo Clinic and Hennepin Medical Center stemming from an original cancer diagnosis on July 31 ST, 2009, radiation /chemotherapy treatments, and resulting post surgical near death complications from cancer surgery done on October 20 2009. Owner of Sterling Square Apartments, John Roder has known John Cooke over 28 years. i 2) John Cooke is recovering from Major cancer surgery done at Mayo Clinic on October 20 2009, in which the post surgical complications were, in fact, life threatening and almost fatal, to wit: M.R.S.A. infection with an aneurysm. 3) John Cooke was, in fact, receiving medical treatment during the month at April 2010, during the time the City was in the process of reviewing the license for Sterling Square Apartments. John Cooke was treated at both Hennepin Medical Center and Mayo Clinic during this month. Due to the nature of John Cooke and John Roder having a lifelong friendship and helping with the care of John Cooke in April 2010, John Roder did inadvertently miss the Council hearing on April 12 2010 and apologizes for such occurring. 4) All of the aforesaid creating extensive internal stress on Sierra Sterling Investments, LLC. and the management of Sterling Square Apartments due to John Cooke being off work over 6 months total and nearly expiring on three separate occasions which ultimately caused the resolution 2010 -77 to be adopted. . Page 1 of 2 5) The issues resulting in Resolution number 2010 -77 are now complied with, to wit: utilities are current, property taxes are now paid. 6) Sierra Sterling Investments, LLC has effectively owned/operated this property 10 years with no prior license revocation and has maintained the property and buildings in a manner consistent with State Law, and appropriate City Ordinances. 7) Sierra Sterling Investments, LLC is not immune from recent external macro and micro economic forces in the general U.S. economy and if the Council resolution 2010 -77 does not rescind said action based on all conditions in the resolution now being resolved, Sierra Sterling Investments, LLC. may not be able to own/manage the property for 1 year without said rental license, as the rental income would be decidedly affected to the point of potential bankruptcy. ALL OF THE AFORESAID, TO WIT: COMES NOW JOHN RODER/SIERRA STERLING INVESTMENTS, LLC. TO: respectfully request the City of Brooklyn Center City Council on April 24 2010 agenda, to rescind resolution number 2010- 77, and/ or adopt a new resolution to reinstate said rental license, all being in the best interest of Sterling Square Apartments located within the City of Brooklyn Center, Minnesota. P John Roder, for Sierra Sterling Investments, LLC. e* I j� Date I Page 2 of 2 • Work Session Agenda Item No. 2 MEMORANDUM- COUNCIL WORK SESSION • DATE: May 20, 2010 TO: Curt Boganey, City Manager FROM: Kevin Benner, Interim Chief of Police SUBJECT: 180 Day Report of the 500' Radius of 61 and Brooklyn Blvd Recommendation: The following council item is for information only and no action is required. Background: In November, Chief Bechthold discussed with the Council a four point strategy to address the violent crime in a 500' radius of the 6100 block of Brooklyn Boulevard. This area includes three properties that have had an elevated number of police calls for service— BP Amoco, Beard Ave Estates (6101 Beard Ave N) and Northbrook Apts. (6037 Brooklyn Blvd). The strategy is part of a problem solving partnership between the Police Department and each of the business owners. An analysis of the work and results for the past 180 days has been collected and evaluated. • The four point strategy and 180 day summary is as follows: 1. BP Amoco, Beard Ave Apartments and 6037 Brooklyn Blvd Apartments are being tasked with a top to bottom security review (Crime Prevention Through Environmental Design- CPTED). a. The crime prevention specialist completed a CPTED review of all three properties and recommendations were forwarded to the respective owners. i. Lighting issues completed ii. Fencing issues completed 2. Identify problem people and the remove the attraction' to each of the properties. a. BP Amoco — i. Eliminate the sales of drug paraphernalia, loitering, employee indifference. 1. Drug paraphernalia has been removed from shelves ii. Need to provide uniformed security during identified "high call" times. 1. Private security has been hired. 22 hours of uniformed patrol are . contracted for every week. The hours of patrol are those identified Mrs. }i;trr: l~rr:srtring> an arttactive. t:amnwttttV drat enhanc The qu al €o of lt& tsttdpn� .:ecrres the public, tr°rt:ct MEMORANDUM- COUNCIL WORK SESSION as higher risk hours. Thursday, Friday & Saturday 2000 -0200 and • one other weekday from 2000 -0000. 2. Uniformed security continued through April. iii. Must provide employee training and clear expectations. 1. Instill in his employees a proactive approach to monitoring the business for those loitering. 2. Increase the level of cooperation between his employees and responding police officers. To include access to store video evidence. b. Beard Ave Apartments & 6037 Brooklyn Blvd Apartments — i. Officer Troy Peasley has been assigned as a direct Liaison with the 6101 Beard Ave property & Officer Bob Traxler has been assigned as a direct liaison with the 6037 Brooklyn Blvd property. 1. Will become a Crime Free Multi Housing Property. • Mr. Fenstad from 6037 Brooklyn Blvd. completed the December Crime Free Multi Housing Phase I training. • Mr. Phelan from 6101 Beard completed the March Crime Free Multi Housing Phase I training. • 2. Will provide proper screening and criminal history checks on residents and prospective residents including current rent rolls. (every 30 days) • Rent rolls received for all 6 months. 3. Will become involved in manager training. (A.R.M. involvement) • Mr. Fenstad did attend the January & March ARM meeting. • Mr. Phelan did attend the January & March ARM meeting 4. Identified problem tenant accountability. • Both Mr. Fenstad and Mr. Phelan are held accountable for their problem tenants. Both properties are scrutinized for their response to police calls for service. The police department receives status updates on tenants who've had police calls that meet the ordinance criteria. For those tenants that have not received a first or second notice but have been problem tenants, both managers move towards voluntary separation from the properties. • z sarttr. Ensuring an antra tine. cleans sta fe= c 0mmutritV rhal adrance^s the quality nf'l fe and preserres the public fr ust MEMORANDUM- COUNCIL WORK SESSION • • We have had one individual unit violation in the first 180 days of this assessment. Unit #10 was violated for the involvement in the assault call. This unit is expected to vacate the unit by the end of June 2010. Calls for Service 6037 Brooklyn Blvd — One validated Nuisance call in 180 days. November 2009 - 0 calls December 2009 - 0 calls January 2010 - 5 calls 1 — utility check, 2- 911 hang -ups, 1- suspicious activity, 1- civil matter February 2010 - 2 calls 1- Suspicious activity— unfounded, ]-theft March 2010 - 0 calls April 2010 - 3 calls 1- Theft — unfounded, 1- harassment by text messaging, 1- suspicious vehicle- it was a renter Total calls for service are 11 compared to 16 for the same time period last year which is a 32% reduction with an aggregated 12.901 ratio of .33. Calls for Service 6101 Beard Ave N— One validated nuisance call in 180 days. November 2009 - 4 calls 1 — residence review, 1- warrant pick up, 1 — phone call, 1- 911 hang -up December 2009 - 4 calls 1- lost property, 2 — medicals, 1— 911 hang -up January 2010 - 2 calls 1- suspicious activity, 1- medical February 2010 - 4 calls 1- medical, 1- unwanted person, 2- civil assists with roommate issue March 2010 - 6 calls 1- domestic arrest, 1- aggravated assault, 1- medical, 2- assists, April 2010 - 10 calls JV"laan; Ensuring gen arttacave, €°team, sca}"c cx numunitr that enhances the quality of le fi, anal pn— . the publir tt•uw MEMORANDUM- COUNCIL WORK SESSION 1 -fight call (verbal between family), 5 — reference wanted person • from MPLS that may be on site — not on site, 1- 911 Hangup, 1- traffic stop, 1- runaway returned home, 1- domestic unfounded, Total calls for service are 30 compared to 38 during the same period last year which is a 22% reduction with an aggregated 12.901 ratio of .36. 3. The police analyst will complete a statistical review of each of the properties and a 500' radius that encompasses all three properties. a. See attached statistics b. First 180 days show one violent crime in the area. c. First 180 days show one serious crime in the area. d. A High Visibility detail was enacted on 10- 23 -09. Patrol was required to spend three hours of uniformed high visibility response at the three properties and in the 500' radius during peak CFS times. Detail logs were required. i. Detail hours were completed and a strong Zero tolerance initiative has been occurring in this area, including traffic enforcement. ii. For the first 90 days the amount of time spent on the detail averaged 120 minutes per day. • iii. For the past 90 days the amount of time spent on the detail averaged 87 minutes per day. iv. Traffic enforcement and subject stops have resulted in 10 of the 17 Part II crimes reported in the area. e. Total Part 1 crimes show 2 incidents, as opposed to 4 in 2008 & 2007 L 2010 incident is a Fight call at 6101 Beard in the parking lot. One subject was taken into custody and charged with assault. Part 11 crimes show a 22.73% reduction over the same period last year. g. Total Part 1 & 2 crimes show reductions of 26.92% from last year. h. Total CFS is up 76.74 % over the same time period last year and 275.31 % over the same time period two years ago. This is mostly attributable to the increased patrols and zero tolerance initiatives the police department has employed. i. Spot checks are up 578.26 % over the same time period last year and 7700 % over . . the same time frame two years ago. j. Total non -self initiated calls for service is down 31.49% over the same time period last year. 4. A follow -up Neighborhood meeting will be held. a. Meeting is being scheduled prior to June 12, 2010. • , :,, M€:4.i'ion: Ensuring an artrd£.'tive. L'tNan, S"aP cfBfttFYEunitr that C'fTh1IF#S.ev the quality £Ff lFfe and pf'E.':serres the pubfic trust MEMORANDUM- COUNCIL WORK SESSION • Summary: Overall, the efforts with all three property owners have been cooperative and proactive. They have all invested their time to improve their properties and ensure a successful strategy. The sector sergeant Frank Roth continues to monitor the 500' radius of the 6100 block of Brooklyn Blvd and, in particular, the three noted properties. Our self initiated activities performed by patrol have clearly demonstrated that when a high visibility enforcement effort is successfully run, the amount of violent and/ or serious crime in the high visibility area reduces. We have been involved in three patrol initiated traffic and curfew enforcement efforts in the area during the 180 day period. Those details were in addition to the daily assigned individual patrols. These efforts coupled with the building of partnerships with the community and the return of responsibility and accountability by the troubled property managers has paved a path to a better, safer neighborhood. The police department will continue to closely monitor this area and will present a yearend report detailing the continued efforts and a statistically review of results specific to this neighborhood. Council Goal: • 1. We will ensure a safe and secure community Alission. Insuring an attractive. clean, safe com'" utaitt' that enhances the quality oflI & tandpreserreg Ike public trust 500ft Radius - BP Amoco Nov 1st -Apr 30th Nov 12009 -Apr 30 Nov 12008 -Apr 30 Nov 12009 -Apr 30 Nov 12007 -Apr 30 2010 2009 Percent Change 2010 2008 Percent Change Part Crimes • Homi cide 0 0 n/a 0 0 n/a Rape 0 0 n/a 0 1 - 100.00% Robbery 0 1 - 100.00% 0 0 n/a Aggravated Assault 1 1 0.00% 1 0 n/a 0.00% Burglary n/a "/a Larceny 1 2 - 50.00% 1 2 - 50.00% Auto theft n/a 1 - 100.00% Arson n/a n/a Total S�n�iisrlrra� Y 2 3 6b fi7% 7tl Wdrt;Cr�rn . '° 4 S( flb" 4 SO ilt3 %i kU Part iCremes . <A Other Assaults 2 2 0.00% 2 n/a Forgery 1 - 100.00% n/a Fraud 1 - 100.00% 1 - 100.00% Stolen Property 1 - 100.00% n/a Vandalism 1 - 100.00% 3 - 100.00% Weapons 1 n/a 1 1 0.00% Prostitution n/a n/a Sex Offences 1 n/a 1 n/a Narcotics 2 4 - 50.00% 2 1 100.00% Family Offences 2 - 100.00% 1 - 100.00% DWI 1 n/a 1 1 0.00% Liquor 2 - 100.00% n/a Disorderly Conduct 1 1 0.00% 1 1 0.00% Curfew 3 5 - 40.00% 3 n/a False Info to Police 2 n/a 2 n/a Trespassing 1 n/a 1 n/a • Dangerous Dog 1 n/a 1 n/a OFP Violation 1 n/a 1 1 0.00% Accident - Hit and Run 1 n/a 1 1 0.00% Drunkenness 1 - 100.00% n/a Traffic - Seat belt required passenger - child 1 - 100.00% n/a Obstruction n/a 1 - 100.00% Traffic Accident - Fail to yeild right of way n/a 1 - 100.00% Total Part 2 Crime... lI 22 22 73% , .,, 17 13 30:7Ti Tatal.Part and 2...,.., 19 . 9 X25 ?6 92% 17 11.76% 344 76 7il% y „ 60$ .. • 62 275," 31 %' Spot Cheeks r_ % TrafficStops i=36 82 7.8 05% . i 146 k . 24 5,08.33% Subjett Stops , . ., u . ;'•; 8 9 „ 1ti 119 8 3 1b6.67% w T.ata1 Non Self Inttiated" Work Session Agenda Item No. 3 MEMORANDUM - COUNCIL WORK SESSION DATE: May 19, 2010 TO: Curt Boganey, City Manager AM FROM: Gary Eitel, Director of Business and Development SUBJECT: Bus Shelter Location Policy Recommendation: It is recommended that the City Council consider providing direction to staff regarding actions to pursue relative to the location of bus shelters in Brooklyn Center. Background: The April 26 City Council Study Session included a discussion on the Northwest Family Service Center application and the potential location of a Metro Transit bus stop /shelter to serve this development within the Brooklyn Boulevard Corridor. The discussion expanded to include the transit shelter needs in the Humboldt Square area and recognized that there may be other potential areas of service needs within the community. The majority consensus of the Council was to direct staff to obtain Metro Transit's criteria for . bus shelter locations and to formulate a recommendation of shelter locations based on that criteria for Council's review and comment at a future Work Session. On May 13 staff met with representatives of Metro Transit to review the Northwest Family Service Center site plan, the Humboldt Square bus stop area, and the Metro Transit's Guidelines for passenger shelter placements & amenities. The Metro Transit staff informed the City that buses operating with the Metro Transit System have been equipped with electronic counters and now enables them to accurately monitor system ridership. A map of the weekday ridership of the routes that serve the City of Brooklyn Center and the current bus shelter locations was provided to the City. The Metro Transit staff did indicate that the current budgetary issues have affected their abilities to undertake new capital improvements and expanding their operational/service needs of the bus shelter program. Metro Transit Guidelines — Passenger Shelter Placements & Amenities: The Metro Transit Guidelines outlines the process used in the consideration of new projects, such as the Northwest Family Service Center and provides guidelines /criteria for Metro Transit Standard and Custom Shelters Installation which meet their warrant criteria of a minimum . ridership. Additionally, their guidelines address the process for a Local Public Party (LPP) to undertake standard and custom bus shelters which do not meet Metro Transit criteria. 1 MEMORANDUM - COUNCIL WORK SESSION The following provides a brief overview of the Metro Transit guidelines: • - A standard shelter at a location which meets a warrant of 25 boarding passengers per day will be constructed by Metro Transit and all costs, including installation costs, maintenance, repair and utility costs are the responsibility of Metro Transit. The guideline includes a provision that increasing operating costs to maintain the shelter requires approval by the Assistant Director of Maintenance prior to design. - A custom designed shelter which meets a warrant of 100 boarding passengers per day and is part of the following components of the Metro Transit System: - Part of a larger project such as a bus corridor - Transit Centers - Park and Ride lots owned and maintained by Metro Transit - Downtown bus stops will be constructed by Metro Transit and all costs associated with a custom shelter including design, installation, maintenance, repair and utility costs, are the responsibility of Metro Transit. The guidelines indicate that increasing operating costs to maintain a custom shelter requires approval by the Assistant Director of Maintenance during design. The guidelines state that non - warranted requests will not be considered because of limited capital • and operating funds and notes that there are a number of bus stops that meet warrants that are awaiting a standard shelter installation. However, there are provisions within the guidelines which outline a process where Metro Transit will work with a Local Public Party's (LPP) request for a shelter that does not meet warrants or if the LPP seeks to upgrade to a custom shelter. The guidelines requires that the Local Public Party (LPP) assumes all costs associated with purchase, installation, maintenance and ownership of a non - warranted shelter. Page G -4 of the guidelines also identifies the Metro Transit amenities that are included with the various types of bus shelter locations, which ranges from lights, heaters, trash receptacles, stand alone benches, cameras, and electronic customer information displays. Attached for your reference is a copy of the Metro Transit guidelines for Passenger Shelter Placements and Amenities. Brooklyn Center Transit Services Weekly Ridership by Route Type and Current Shelter Locations The following information has been taken from the map provided Metro Transit and identifies those bus stops that meet Metro's criteria for a bus stop with a shelter (a minimum of 25 riders per day).. • 2 MEMORANDUM - COUNCIL WORK SESSION • Additionally, the map identifies a bus shelter at the Metro Transit Garage Facility that is not currently on a scheduled bus route: Ridership Express Routes With Shelter Without Shelter Regal Theater & Hwy 252 117 73` Ave. & Hwy 252 83 Brooklyn Blvd & 65 Ave. 125 Humboldt & 69 Ave (NW Quadrant) 19 Urban Local and Suburban Land Brooklyn Blvd. & Hwy 100 82 Xerxes & 55 (Goodyear) 37 Xerxes & 56 (IHOP) 113 Shingle Creek Pkwy &Summit (Library). 80 Shingle Creek Pkwy & John Martin Dr 30 Xerxes & Bass Lake Road Southwest 81 Xerxes & Northway (NE corner) 33 Xerxes & Northway ( SE corner) 60 Humboldt & 69 Ave. (SE corner) 84 • Brooklyn Blvd & 51 Ave 30 Ridership Approaching Metro Standards (25 plus) 69 — East of Humboldt 24 Humboldt at PD 22 Freeway Blvd & Dupont Ave 21 Humboldt & Freeway Blvd 21 Bass Lake Rd — Xerxes (NW corner) 23 A copy of the map and photographs of these bus stops will be available at the meeting. Policy Issues: 1. Does the City Council want potential bus shelter locations to be reviewed by the Administrative Traffic Committee before requests for warranted locations are submitted to Metro Transit? 2. Does the City Council want to use the Metro Transit warrant criteria (minimum of 25 ridership) as the sole standard for the location of bus stop shelters to serve the residential, business, and employment needs within the City of Brooklyn Center? 3. Does the City Council want to pursue the Local Public Party option of placing bus shelters at bus stops which currently do not meet the Metro Transit warrants /criteria of minimum daily ridership? 3 MEMORANDUM - COUNCIL WORK SESSION 4. Does the City Council want staff to process requests for Metro Transit installation of • standard shelters at the following locations which meet currently meet warrant criteria of 25 or more of daily ridership: - Southeast corner of Humboldt Ave. & 69 Ave. ( Humboldt Square) - Northeast corner of Xerxes Ave. & Northway Dr. (Gateway Commons) - Southeast corner of Xerxes Ave. & Northway Dr. - Southwest corner of Xerxes Ave. and Bass Lake Rd - Shingle Creek Parkway & John Martin Drive (Library /Gov't Center) - Brooklyn Blvd. & 51 Ave. (South of Hwy 100) Council Goals: 1. We will ensure a safe and secure community 2. We will improve the image of the City with citizens and others • 4 • Guideline MetroTransit Last Revised: 07/24/08 PASSENGER SHELTER PLACEMENTS & AMENITIES WHAT ARE PASSENGER SHELTERS Passenger Shelters are open or enclosed structures used by bus or rail passengers while waiting for their next trip. Standard shelters refers to facilities that are purchased and installed in large quantities and share common features such as dimension, material and appearance. Custom shelters are often unique to a specific location and are of varying dimensions, materials, finishes, and appearances. APPLICATION Passenger Shelter Placements is a required component of the siting, design and construction of new facilities, including: park & rides, shelters /stations, transit centers, and layover facilities and encompasses easements, leases, purchases and condemnation. PURPOSE To set forth a fair and consistent process for determining when a standard or custom shelter is warranted at a bus or rail stop location. Also to determine what involvement Metro Transit is willing to provide in terms of financial and staff resources in the design, construction and maintenance of these shelters. ACKGROUND Passenger shelters are an essential part of the overall transit system. These facilities provide a covered and occasionally heated area for passengers to wait until their next planned trip. Upkeep and ongoing maintenance of these facilities is both critical and resource intensive. The intent of these guidelines is to ensure that these limited resources activities are an important component of siting new facilities. The Metropolitan Council and Metro Transit have made a commitment to involve citizens, local governments and stakeholders in siting, design and construction of new facilities. The federal government also requires public involvement activities (including other state /local agencies) if federal funds are involved. In addition to ensuring meaningful public involvement, communications between Metro Transit and the Metropolitan Council is to be clear and consistent. An emphasis on internal communications is to ensure that the Council and its operating agencies present a unified, consistent vision in its relationship with those outside the Council. • Printed: 10/03/08 Page G -1 Guideline ® MetroTransit Last Revised: 07/24/08 GUIDELINE FOR METRO TRANSIT STANDARD /CUSTOM SHELTERS INSTALLATION • At the onset of a new project, the Project Manager develops a Project Execution Plan identifying: a. Interested parties; b. Plan components; c. Entities (including outside consultants, if needed) responsible for the plan components; and d. Time lines for the plan components. e. Project finances Project Manager identifies capital funding source(s) and secures approval from the Ass't. Director of Maintenance for the additional operating cost to maintain all new shelters. Standard Shelter 1. A standard shelter location will meet a warrant of 25 boarding passengers per day in the suburbs and 40 boarding passengers per day in St. Paul and Minneapolis. Heaters are occasionally installed in shelters with a warrant of 80 or more passenger boardings per day. 2. Project Manager identifies standard shelter site locations and determines the shelter type A, B, C, D or E based on number of passengers, City right of way constraints and proximity of other existing shelters. 3. Project Manager /Engineer Firm creates drawing for internal review and review by government agencies. 4. Project Manager coordinates the installation of the standard shelter. • 5. All costs associated with a Council owned standard shelter's that meet warrants including installation costs, maintenance, repair and utility costs, are 100% Metro Transit's responsibility. Increasing operating costs to maintain the shelter requires approval by the Ass't. Director of Maintenance prior to design. 6. All standard shelter designs will include specifications for route information holders that meet Shelter Display Standards. Custom Shelter 1. A custom designed shelter location will meet a warrant of 100 boarding passengers per day. The following is the criteria for a custom shelter: • Part of a larger project such as a bus corridor • Transit Centers • Park and Ride lots owned and maintained by Metro Transit • Downtown Bus Stops 2. The project will have funds specifically designated for design and construction of a custom shelter. 3. The custom shelter design is required to meet Metro Transit's glass specifications. 4. All cost's associated with a Council owned custom shelter, including maintenance, repair and utility costs, are 100 Metro Transit's responsibility. Increasing operating costs to maintain the shelter requires approval by the Ass't. Director of Maintenance during design. • 5. All custom shelter designs will include specifications for route information holders that meet Shelter Display Standards. Printed: 10/03/08 Page G -2 Guideline d MetroTransit Last Revised: 07/24/08 • GUIDELINES FOR METRO TRANSIT STANDARD /CUSTOM SHELTERS NOT MEETING WARRANTS Standard Shelter 1. When a request is made for a standard shelter at a bus stop not meeting warrant the request is not considered because of limited capital and operating funds. There are a number of bus stops that meet warrant and are awaiting a standard shelter installation. 2. When a Local Public Party (LPP) makes a request for a standard shelter, and warrants are not met, the LPP assumes all costs associated with maintenance and ownership of the standard shelter. Metro Transit will assist, if time and funds are available, by providing shelter specification, ADA guidelines for bus shelters, the names of shelter manufacturers, and general contractors familiar with concrete and electric installation. 3. When a LPP makes a request for a standard shelter, and warrants are not met but the LPP is willing and able to reimburse Metro Transit for the purchase and installation cost of a shelter and its amenities, a Financial Participation Agreement and /or Interagency Agreement will be agreed to and signed by both parties prior to design work. The LPP assumes repair and maintenance costs and ownership of the shelter unless otherwise noted in the Financial Participation or Interagency Agreement and prior approval by the Ass't..Director of Maintenance for operating funds to maintain shelter. 104. When a request is made for a standard shelter at a bus stop not meeting warrant but is serving disabled persons, (group homes or work locations or senior citizen housing) the installation is determined on a case by case basis. Metro Transit may assume 100% of the purchase, installation, maintenance and repair costs. Increasing operating costs to maintain the shelter requires approval by the Ass't. Director of Maintenance prior to installation. Custom Shelter 1. When a LPP makes a request for a custom shelter, and warrants are not met, the LPP assumes all costs associated with repair and maintenance and ownership of the custom shelter. Metro Transit will assist, if time and funds are available, by providing shelter specifications, names of engineer and architectural firms familiar with custom shelter design, and ADA guidelines. 2. When a LPP makes a request for a custom design shelter, and warrants are not met, but the LPP is willing and able to reimburse Metro Transit for design, construction, and amenities, a Financial Participation Agreement and /or Interagency Agreement will be agreed to and signed by both parties prior to design work. The LPP assumes repair and maintenance costs and ownership of the shelter unless otherwise noted in the Financial Participation or Interagency Agreement. 3. When a LPP makes a request for an upgrade to a custom shelter at a location that meets or exceeds standard shelter warrants but is less than a custom shelter warrant, the LPP assumes all design and construction costs. Metro Transit may assume utility, and maintenance costs providing the Ass't. Director of Maintenance approves the increase in operating cost. The LPP will retain ownership of the custom shelter. Printed: 10 /03/08 Page G -3 • Guideline MetroTransit Last Revised: 07/24/08 • GUIDELINE FOR METRO TRANSIT FACILITY AMENITIES Metro Transit provides a range of amenities at bus stops, transit centers and other facilities for the comfort, convenience and safety of our customers. The following table identifies the standard amenities that are included with various facility types. Some amenities are always provided and others are occasionally provided, depending on the specific size, location or use of the facility. Trash Stand Alone Electronic Customer Facility Type Lights Heaters Receptacles Benches Cameras Information Displays* Transit Centers Y Y Y Y O O Park & Ride Lots Y O O O O O Rail Stations Y Y Y Y Y Y Standard Shelters O O N N N O Custom Shelters O O N O O. O Y = Yes, always provided N = No, not provided O = Occasionally provided Note that this guideline applies only to Metro Transit -owned facilities. Metro Transit also leases park & ride lots, and some shelters are owned and maintained by other entities. In those cases, Metro Transit does not normally • provide customer amenities, although some may be included in certain situations. • Printed: 10/03/08 Page G-4 x [_ °.. PL O ra nz ^W ,�p H � c.• •' 3 r .z� � n ' 3 ``mad - .. d .. O Mz r5' _ . 17�+ • d� y� o 3 i � a n Work Session Agenda Item No. 4 MEMORANDUM - COUNCIL WORK SESSION • DATE: May 18, 2010 TO: City Council FROM: Curt Boganey, City Manage SUBJECT: Apartments with Delinquent Payments Recommendation: It is recommended that the City Council consider providing direction to staff regarding policies governing responses to apartment owners who have delinquent payments owed to the City. Background: In recent years the City has had to schedule and hold license hearings for apartment owners that have failed to remain current on taxes and/or utility payments due to the City. At the April Study Session the Council directed that we consider a change in . policy that might eliminate /mitigate this problem or provide an incentive to apartment owners to remain current on their payments to the City. • The Council also discussed the practice of cancelling a scheduled hearing when the delinquent owner has paid the past due amounts prior to the hearing. The City Attorney will be at the Work Session Monday to provide insight and comments regarding this issue as well. Policy Issues: 1. Should owners be allowed to avoid a revocation/suspension hearing by making payments prior to the scheduled hearing? 2. Should there be additional penalties i.e. fines for those who fail to meet their financial obligations to the City? 3. Should repeat violators be treated the same as first time violators? Council Goals: Strategic: 1. We will stabilize and improve residential neighborhoods Ongoing: 1 will i stability f the Cit We it ensure the financial s bi i o ty • Hission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY • OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION APRIL 12, 2010 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Clerk Sharon Knutson, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Roche g requested discussion on agenda item 10b, hearing for Hyder Jaweed, q concerning nonpayment of taxes and possible suspension or revocation of rental license. Mr. Boganey explained the Council will be asked to determine whether to revoke or suspend the rental license. However, the City's legal counsel recommends the Council remove item 10b from the agenda and take na action regarding the Hyder Jaweed rental license since taxes were paid and are now current. Staff and legal counsel had discussed the issue of this repeated behavior to withhold payment until after the Public Hearing had been scheduled and advertised and recommends the Council adopt a policy to consider licensing action regardless of property tax payment prior to the hearing. Should the Council find this appropriate, a motion could be made directing staff to prepare a policy to address this specific issue for Council's future consideration. The Council and staff discussed the timing of action and it was explained staff checks with the County when taxes are due and once it is known it is beyond the date for payment, staff takes action to notify the property owner of the delinquency.. The Council recognized that a pattern has developed with some rental property owners who habitually make late payments and the current procedure required a lot of time for staff to "babysit" rental property owners to assure payment of taxes and utilities. It was felt the City should be compensated, through a penalty or licensing fee structure, for staff time used to assure payment of delinquencies. The Council considered what should be included in a policy such as: • 04/12/10 -1- creation of a mechanism to assure payment of rental property taxes and utilities; instituting a • cash penalty for delinquent payment; incorporation of a time line; action to be triggered when the hearing date is scheduled; and to address repeat offenders the policy would indicate that "it would not preclude license action and even if payment is made prior to the hearing, the hearing will be held." It was the majority consensus of the Council to direct staff to schedule this topic for a future Work Session prior to the next notification. With regard to agenda item 10c, hearing for John Paul Roder, Mr. Boganey advised that the property owner had not paid the taxes due October 15, 2009, and delinquent in January of 2010. Staff recommends the Council make a finding of fact and direct staff to prepare a resolution to either suspend or revoke the rental license for the apartment. The Council asked staff to review the effect of revocation versus suspension during the Council meeting. City Clerk Sharon Knutson referenced the printout in the Council's meeting packet that identified the owner of record at Hennepin County and past due amounts. Councilmember Lasman requested discussion on agenda item 8a, Proposed Special Assessments for Delinquent Public Utility Service Accounts for 7120 Logan Avenue N, specifically in relation to the payment plan. She expressed concern that doing so would create "a can o worms" due to the staff time to complete additional record keeping. Mr. Boganey explained that record keeping is not a major issue; however, it would establish precedence for future requests. He indicated it is s preference to certify the assessment. a The Council acknowledged Ms. Beelen s spotless payment record and concern with establishing i g P PY g an adverse precedence. Councilmember Lasman requested discussion on agenda item 10e, An Ordinance Relating to Definition of the Clear View Triangle; Amending City Code Section 25 -802, specifically in relation to examples of what would be included in the sight triangle. Mr. Boganey described the types of permanent structures that would be allowed such as a tree or fence which, in reality, already exist. Currently, the Ordinance requires the structures be removed. The amended language provides discretion when something is in the clear view triangle but does not represent a safety hazard. He advised that a policy should be in place that is either Council adopted or creates a standard followed administratively. It was the majority consensus of the Council to direct staff to draft a policy for Council's review and comment at a future Work Session. Councilmember Lasman g requested discussion on agenda item 6d, Resolution Designating 2010 q Planting List of Allowable Boulevard Tree Species, specifically in relation to the engineer's estimate and low bid. • 04/12/10 -2- Public Works Director /City Engineer Steve Lillehaug described staff s activities to interview and compare proposals from two consultants for design services. He advised of the bids received and • determination that the hourly rates were comparable and the difference in costs related to the number of hours included in each proposal. Mr. Lillehaug presented his recommendation to award the bid to SRF, noting they also designed the project. The Council indicated support to award the bid to the contractor that realistically estimated the number of hours involved. Councilmember Yelich requested discussion on agenda item 10g, Special Assessment Hearing Appeal for 6233 Scott Avenue N., requesting clarification of the $100 inspection fee. Mr. Boganey stated the ordinance allows a $100 inspection fee each time staff goes back to the same property. In this case, staff is not recommending the $100 fee be certified because it is unlikely the property owner would have known about the $100 fee since the inspection occurred on the same date the property was purchased. The Council discussed this item and noted that while the owner of record may have a claim, it is not against the City so it supported certifying the assessment. Mr. Boganey stated the information in the meeting packet is not intended to suggest this is the actual purchase agreement but, rather, it is a standard document that is typical for this type of property transaction. He noted the buyer or seller would have known about the $350 assessment had they called the City to ask about pending assessments. • ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Roche moved and Councilmember Lasman seconded to close the Study Session at 6:47 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Yelich seconded to reconvene the Study Session at 6:49 p.m. Motion passed unanimously. The discussion continued on agenda item 10g, Special Assessment Hearing Appeal for 6233 Scott Avenue N. Councilmember Lasman stated that after reading the sample purchase agreement and other information, she changed her mind because the agreement clearly stated the buyer or seller is responsible for unpaid assessments. She supported certifying the $350 assessment and forgiving the $100 re- inspection fee since the buyer and seller may not have known about it. It was noted • 04/12/10 -3- that this item was tabled to the April 12, 2010, Council meeting because the motion to dismiss • one -half of the assessment on 6233 Scott Avenue N. had failed on a tied vote. MISCELLANEOUS Councilmember Lasman requested an update on the MangoTango liquor license. Mr. Boganey explained there may be a change in management so a background check would be required. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS MAJOR PLAN AMENDMENT TO THE SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION'S SECOND GENERATION MANAGEMENT PLAN AMENDMENT Mr. Boganey introduced the item and explained this was a continuation of a previous discussion of the Shingle Creek and West Mississippi Watershed Management Commission's major plan amendment. The Council had requested additional information pertaining to the Capital Improvement Plan (CIP). Mr. Lillehaug noted the corrected CIP information has been provided to the Council as well as a memorandum to explain how they arrived at the specific levy amounts, broken down per watershed. He requested Council input whether it supports the major plan amendment and exceeding the maximum levy amount for 2010 of $500,000 to levy $637,500. This increase is a . result of projects not occurring when originally programmed. The Council discussed the proposed levy, noting the assessment to an individual property would equal about $1.00 for each $100,000 of value on the property. Mr. Lillehaug stated that is a relatively close estimate, noting the 2010 Shingle Creek projects for a $150,000 home would be assessed $6.15. Mr. Lillehaug answered the Council's questions regarding proposed 2010 capital improvement projects, noting it was a good time to undertake construction projects due to the favorable bid environment. ADJOURNMENT Councilmember Lasman moved and Councilmember Roche seconded to close the Study Session at 7:03 p.m. Motion passed unanimously. 04/12/10 -4- Work Session Agenda Item No. MEMORANDUM - COUNCIL WORK SESSION DATE: May 18, 2010 City TO: y Council FROM: Curt Boganey, City Managg45 SUBJECT: Local Government Aid Policy Recommendation: It is recommended that the City Council consider providing direction to the staff regarding the use of revenue from the State of Minnesota that has proven to be volatile and unpredictable. Background: During our budget review last year the Council requested a discussion regarding our reliance on Local Government Aid as a source of ongoing revenue. The current State budget crisis and recent unallotment reinforce the importance of reviewing this issue. As you can see from the chart attached the history of State Aid to the City of Brooklyn Center has been varied and unpredictable over the last ten years. As noted in the chart general State Aid has been as high as $3.5 million and as low as $538 thousand. It has represented as much as 24.66% of the operating budget and as little as 3.2 %. « identify major Budgeting" a government should As indicated in the Best Practices in Public g g g fY or J revenue sources it considers unpredictable and define how these revenues may be used. The purpose of the meeting on Monday is to begin that discussion as it relates to general aid from the State of Minnesota. If the Council is in agreement that a policy should be adopted, you may wish to provide guidance a direction to the Financial Commission to formulate a final draft policy for your consideration. For the purpose of stimulating discussion I have attached an outline of potential policies for your consideration. One approach to this issue is to limit the use of State aid to specific uses. The second is to limit the percentage of general operating revenue that comes from State aid. The final approach is a combination of the two. There may other approaches that you may wish to consider and of course you may choose to continue as we have in years past. Policy Issues: h use of 1. Should the Council b policy restrict the general aid from the State of Minnesota? g Yp Y 2. If the use is to restricted, how should it be restricted? Mission: Ensuring an attractive, clean, safe conunnnity that enhances the quality of life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Council Goals: : On oin g g 1. We will provide streamlined, cost effective, quality services with limited resources 2. We will ensure the financial stability of the City 3. We will move toward maintaining or lowering the level of City property taxes Alissiort: Ensuring an attractive, clear:, safe community that enhances the duality of life and preserves the public trust Best Practices in Public Budgeting Page 1 of 1 Practice 4.4a Evaluate the Use of Unpredictable Examples: Revenues City of Germantown, TN: Practice: General Economic Settinq A government should identify major revenue sources it considers unpredictable and define how these revenues may be used. Prince William County, VA: Revenue Estimates Rationale: Element 4 Unpredictable revenue sources cannot be relied on as to the level of revenue they will generate. Particularly with major revenue sources, it is important to consider how significant variation in revenue receipts will affect the government's financial outlook and ability to operate programs in the current and future budget periods. Outputs: For each major unpredictable revenue source, a government should identify those aspects of the revenue source that make the revenue unpredictable. Most importantly, a government should identify the expected or normal degree of volatility of the revenue source. For example, revenues from a particular source may fluctuate, but rarely, if ever, fall below some predictable minimum base. A government should • decide, in advance, on a set of tentative actions to be taken if one or more of these sources generates revenues substantially higher or lower than projected. The plans should be publicly discussed and used in budget decision making. Notes: Many of the most important revenue sources relied on by state and local governments are unpredictable to some degree. Examples may include intergovernmental revenues, inheritance taxes, taxes on mineral production, interest income, sales and use tax, lottery revenues, and revenues subject to future judicial rulings. These revenues are often used to fund ongoing programs. A financial plan for governments should take into account the unpredictable nature of key revenues. This ensures that a government understands the potential impact on its ability to cover service costs and develops contingency plans in advance to address unpredictable revenue fluctuations. Specific allocation and contingency plans do not have to be developed for all unpredictable revenues, but become increasingly necessary as the size or unpredictability of the revenue source increases. This practice may address or refer to a separate policy on the use of stabilization funds. (See Practice 4.1 entitled: Develop Policy on Stabilization Funds and Practice 4.7 entitled: Develop Policy on Contingency Planning.) • © 2000 Government Finance Officers Association. All Rights Reserved. httn: / /www_vfca.crg /services /nacslb/Practices /4 4a.htm 5/19/2010 Actual State General Funding . Received as a MVHC /HACA MVHC /HACA Total General State General Fund Budgeted Percent of GF Year LGA Received LGA Budgeted Received Budgeted Funding Revenue Budgeted Revenue 2010 411,544 411,544 126,968 538,512 16,443,922 3.27% 2009 1,019,990 776,827 S83,308 - 1,603,298 16,017,021 10.01% 2008 572,708 1,113,243 543,128 - 1,115,836 15,518,836 7.19% 2007 1,229,388 767,665 573,464 - 1,802,852 14,544,372 12.40% 2006 667,66S 667,665 642,709 - 1,310,374 13,841,838 9.47% 2005 543,183 542,522 715,71S - 1,258,898 13,391,078 9.40% 2004 877,555 877,555 782,031 - 1,659,586 12,982,258 12.78% 2003 1,319,661 2,501,033 753,820 - 2,073,481 15,408,271 13.46% 2002 2,265,267 2,265,267 - - 2,265,267 15,154,421 14.95% 2001 2,179,744 2,179,744 1,380,106 1,380,106 3,559,850 14,437,943 24.66% Notes: 1 HACA, not MVHC, was the State Aid source for 2001 2 No HACA or MVHC is found in General Ledger for 2002 3 There are other amounts of State Funding received on an annual basis such as Fire Pension Aid, Police Pension Aid, Police Training Aid, etc. 4 MVHC is not budgeted separately; it is included in tax revenue amount because MVHC Received + Property Tax Received = Property Tax Levied • • BUDGET POLICY REGARDING SIGNIFICANT and VOLATILE REVENUE • SOURCES LIMITATION BY USE SIGNIFICANT VOLATILE REVENUE SOURCES (SVRS) should not be used to fund normal ongoing operations. SVRS should be restricted to capital expenses. SVRS should be saved to fund extraordinary one time expenditures LIMITATION BY SHARE OF OPERATING REVENUE SVRS should not exceed % of total operating revenue LIMITATION BY SHARE AND USE All revenue from SVRS exceeding % of total operating revenue should be used to fund 1. Emergency Fund 2. Capital Fund • 3. Building Maintenance Fund 4. Undesignated Fund Balance 5. Reduce Property Tax Levy In Subsequent Years