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HomeMy WebLinkAbout2014 10-27 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION October 27, 2014 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. City Council Discussion of Agenda Items and Questions 2. Miscellaneous Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center October 27, 2014 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.October 13, 2014— Study/Work Session 2.October 13, 2014 - Regular Session b. Licenses C. Resolution Rejecting Bids, Centennial Civic and Veterans Memorial Amphitheater d.Resolution Authorizing the Community Activities, Recreation and Services Department to Apply for Grant Funding Through the Hennepin Youth Sports Program e.Resolution Approving the Contract for International Union of Operating Engineers (IUOE) Local 49 (Public Works Maintenance) and the City of Brooklyn Center for the Calendar Years 2015-2016 CITY COUNCIL AGENDA -2- October 27, 2014 7. Presentations/Proclamations/Recognitions/Donations a.Proclamation Declaring October 27, 2014, to be Designated as Random Acts of Kindness Day Requested Council Action: —Motion to adopt proclamation. b.Random Acts of Kindness Presentation of Recognition and Certificate Ceremony Requested Council Action: —City Council Members read nominations received. —Mayor presents certificates to those nominees present. 8. Public Hearings —None. 9.Planning Commission Items a. Planning Commission Application No. 2014-015, Submitted by the City of Brooklyn Center for Special Use Permit to Allow the Grading and Placement of Fill Material in the Floodway District, Located in Centennial Park (6301 Shingle Creek Parkway). The Planning Commission recommended unanimous approval of this special use permit application at the October 16, 2014, meeting. Resolution Regarding the Disposition of Planning Commission Application No. 2014-015, Submitted by the City of Brooklyn Center for Special Use Permit to Allow the Grading and Placement of Fill Material in the Floodway District, Located in Centennial Park (6301 Shingle Creek Parkway) Requested Council Action: —Motion to adopt resolution. 10.Council Consideration Items —None. 11.Council Report 12.Adjournment Agenda Items Tabled Tobacco Related Products License for Value Foods, 6820 Humboldt Avenue North —This item was tabled at the September 8, 2014, meeting, until the applicant has resolved the court case. City Council Agenda Item No. 6a 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 OCTOBER 13, 2014 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 Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember Carol Kleven was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, Fire Chief Lee Gatlin, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan referred to Consent Agenda Item 6d, Resolution Authorizing Execution of a Professional Services Agreement for Design Services and In-Construction Services, Project Nos. 2015-05, 06, 07 and 08, 63'' Avenue North. Street and Utility Improvements. He asked about the contract language given the issues in the past with a certain contractor. He also asked whether staff had decided to address those issues through existing contract language or certain procedures with the contractor should issues arise with quality of work or on-time service. City Manager Curt Boganey stated some• contract language has been changed to make expectations imminently clear. He explained that based on problems experienced in the past, staffs communications with the contractor will also be handled differently. Councilmember Ryan noted there has been discontent with the results of turf restoration to right- of-way areas. He noted that in the past, there had been mention of improving contract specification standards relating to restoration following utility projects. City Engineer Steve Lillehaug explained that several projects in 2010 had issues with boulevard restoration using sod but since then, staff has worked with contractors and increased contract requirements/specifications. He stated the contractor on this year's projects is outstanding. Mr. Lillehaug stated communication with residents had also been increased to explain the point at which the project is completed and it is the resident's responsibility to take over turf maintenance. 10/13/14 -1- DRAFT Mayor Willson stated the City Council has discussed the issue of sod replacement several times with residents, even replacing sod a year or so later. He noted the City conducts a project every year so perhaps areas of turf that were not established from the previous year's projects can be addressed. Mr. Lillehaug explained how staff addresses issues of turf damage caused by snowplows and areas of poor restoration. Councilmember Myszkowski also referenced Consent Agenda Item 6d, Resolution Authorizing Execution of a Professional Services Agreement for Design Services and In-Construction Services, Project Nos. 2015-05, 06, 07 and 08, 63'' Avenue North Street and Utility Improvements, stating she appreciated the thorough documentation including correspondence between the contractor and project manager to address items that have been issues in the past. Councilmember Myszkowski referenced Consent Agenda Item 6e, Deer Program Report, and asked if the City was conducting a hunt. Councilmember Lawrence-Anderson noted it is an annual consideration whether to allow a hunt. She asked whether the City will participate next year. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning explained that aerial counts will be conducted along with monitoring and based on that data, it will be determined whether to allow a hunt. Mr. Boganey stated the current rules restrict it to bow hunting and based on past experience, there is probably no reason to change. The City Council commented on their past experience with observing deer, even large-sized deer, within Brooklyn Center. Councilmember Ryan referenced EDA Item 5a, Resolution Authorizing the Acquisition of Property to Facilitate Neighborhood Improvements and Redevelopment Opportunities within the Brooklyn Boulevard Corridor (6301 Brooklyn Boulevard), noting it appears that closing was expected within 60 days after approval of the Purchase Agreement. Mr. Boganey stated that is correct but the anticipated closing date is actually tomorrow after which the City will own that property. He indicated that once the City has ownership, the currently posted campaign signs will be removed Councilmember Lawrence-Anderson stated she is pleased the City will own this property and that blighted corner will be gone, as she drives that area three times a day. She noted this is a gateway location so she would support enhancements such as a clear-glass bus shelter, wider sidewalk/walking path, or fountain. Mayor Willson suggested the use of large stone blocks with the City's name and lighting to enhance the gateway. Councilmember Lawrence-Anderson noted a bench beside a fountain would create a nice 'pause' along busy Brooklyn Boulevard. The City Council supported staff reviewing these suggestions and options for that property rather than housing. Mr. Boganey stated staff has discussed options for creating gateway features and after vetting those options, a recommendation will be presented for City Council consideration. MISCELLANEOUS 10/13/14 -2- DRAFT FOLLOW-UP REPORT ON REVOKED RENTAL LICENSE AT 6830 PERRY AVENUE NORTH City Manager Curt Boganey explained that several weeks ago the City Council had considered and revoked a rental license request at 6830 Perry Avenue North. At that point, the City Council asked staff to provide an update. He indicated the property owner will be moving into this property so it will no longer be a rental property. October 20, 2014, Work Session Councilmember Myszkowski stated she will be gone Friday to Monday and unable to attend the Monday, October 20, 2014, Work Session. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS PROGRESS REPORT - AMPHITHEATER FUNDRAISING TASK FORCE Dr. Urn, Chair of the Amphitheater Fundraising Task Force, reviewed past considerations and decision to develop plans and specifications for an Amphitheater. Dr. Urn stated the City Council had approved the plans and specifications and authorized advertisement for bids. Those bids were received and despite an architect's estimate of $410,000, the lowest responsible bid received was $599,000. Dr. Orn described considerations and modifications made to lower the cost including a new location to reduce site preparation costs. He noted that after donations received, a funding gap remains of $168,565. Dr. Orn explained why the bids received were higher than the architect's estimate due to higher commodity prices, decreased competition in the construction industry, and added work to comply with the floodplain regulations. He presented the following options for City Council consideration: Return the donations and shelve the project; move forward with the original design and lowest responsible bid of $599,000; move forward with the architect's design with reductions at a cost of $537,155; move forward with a pre-engineered alternative design structure; or, wait two or more years to see if the bidding market changes. Dr. Urn stated it is the recommendation of the Amphitheater Fundraising Task Force to move forward with the project that would include reductions identified by the lowest responsible bidder and the City fund the remaining deficit of $168,505.69. Councilmember Myszkowski asked about the need to construct a wall with wiring. Dr. Urn explained the initial site on a berm contained utility and computer cables, so in order to protect that wiring, a wall would need to be constructed. When the structure was moved from the berm to the parking lot where better soils were found, there were no utilities or cable to deal with so the wall is no longer needed. Councilmember Ryan asked about the bidding process. Director of Community Activities, Recreation and Services Jim Olasoe stated 19 contractors held bids for the amphitheater and five bids were received. The lowest responsible bidder was at $599,000, and the City Attorney has 10/13/14 -3- DRAFT indicated that because it is a public bidding process, the bids will need to be rejected and the project rebid if substantial changes are made to the project. Dr. Orn stated the contact who had offered to provide shingles and roof cover is no longer making that offer, but he thinks there are other design elements that can be modified to lower the cost of construction. Councilmember Lawrence-Anderson asked about the roof material. Dr. Orn stated it is budgeted at $61,000, and he thinks it is for asphalt shingles. Councilmember Lawrence-Anderson stated her concern with the ongoing cost for maintenance of asphalt shingles, noting they have a shorter life span than other roof materials. Mr. Glasoe clarified that the bid of $599,000 included a standing seam metal roof. Mayor Willson stated a lot of work has gone into this effort and many in the community are looking forward to its construction. He stated the City could go out for bids again after looking at roof materials and other items identified to bring down the cost but it would mean no construction until Spring. Mayor Willson noted that would give more time to raise funds and develop new specifications. In addition, it would put the project into 2015 when it may be more palatable for the City Council to consider funding part of the project. Councilmember Myszkowski asked about the support of the community. Dr. Orn stated they have opportunity to sell 500 tiles and if the cost to engrave the tiles can be lowered, it would raise additional funds. He noted that as the project is delayed, there is potential the project cost will increase. Dr. Orn stated the Task Force recommends proceeding but it is not exhausted and will continue to seek funds into 2015 if that is the City Council's direction. Myrna Kragness Kauth, Amphitheater Task Force Member, stated from the beginning, this is the type of structure that has been presented to the community so she prefers to not reduce the design. She commented on the importance of showing civic pride and veterans the appreciation they deserve for what they have done for this community. She stated the Task Force will continue with fund raising but it is discouraging to ask for additional donations from those who have already donated. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Myszkowski seconded to reconvene the Study Session at 6:50 p.m. Motion passed unanimously. 10/13/14 -4- DRAFT PROGRESS REPORT - AMPHITHEATER FUNDRAISING TASK FORCE - CONTINUED Councilmember Myszkowski stated she fears delaying this project as she thinks construction costs will rise. In addition, she would like additional information about funding if this project maintains the same timeline and resulting impact to other projects. She stated she learned about a community that constructed a building with the use of Legacy dollars and asked whether that may be an option. Councilmember Myszkowski stated she would like to assure that this will be the best and a most enduring structure. Councilmember Ryan concurred and stated he also felt that costs would increase the longer the project is put off. Yet, there is a significant funding gap that would impact the City's budget given other pressing needs. Councilmember Ryan stated he strongly favors building the amphitheater and exploring how to close the funding gap. He felt this structure was a fundamental building block and would impact what Brooklyn Center will become into the future. Ms. Kragness Kauth stated a Legacy grant was researched but found it funds programs, not brick and mortar projects. Councilmember Lawrence-Anderson stated she also wants to see the amphitheater built but the City Council has to be responsible with use of the City's dollar. She stated she supports constructing an enduring structure that will last for years and additional research on funding options. Mayor Willson stated he would not oppose the City funding the project but acknowledged it is a significant number of dollars with a budget impact. The City Council supported the suggestion by Mayor Willson to ask the Finance Department to consider whether it is possible, under the current budget, to find the dollars to fund this project. Mayor Willson read into the record a communication from Councilmember Kieven addressing the work of the Task Force, progress made in raising donations, and opinion that the Amphitheater Task Force should go back to the drawing board, regroup, rethink like a business, and start from scratch; obtain three bids; consider whether to build a bandstand that does not have glass or unnecessary extras possibly located by Heritage Square or near the fountain; or purchase a very nice trailer to replace the old one and return the donations. Councilmember Kleven indicates in her communication that she cannot, in good conscience, support giving any more money to this endeavor as the Community Center has great need of repair and there are other urgent needs. Councilmember Kleven suggests scheduling a meeting to gain public input before January 1, 2015. ADJOURNMENT Mayor Willson adjourned the Study Session at 7:01 p.m. 10/13/14 -5- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OFHENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 13, 2014 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 Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember Carol Kleven was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, Fire Chief Lee Gatlin, 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. Bart Dabrowski, 5001 Ewing Avenue N., Apartment 2, asked why the $450 inspection fee for his four-plex is the same as the inspection fee for a 34-unit apartment building. This item was referred to staff. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Myszkowski read a prayer for the day as the Invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:01 p.m. 4.ROLL CALL 10/13/14 -1- DRAFT Mayor Tim Willson and Councilmembers Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember Carol Kieven was absent and excused. Also present were City Manager Curt Boganey, 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, Police Chief Kevin Benner, Fire Chief Lee Gatlin, 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 Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.September 22, 2014 - Study/Work Session 2.September 22, 2014 - Regular Session 3. October 6, 2014 - Joint Work Session with Financial Commission 6b. LICENSES LIQUOR - CLASS A ON-SALE INTOXICATING, SUNDAY, AND 2 A.M. 2200 Beverage Management, LLC dba Minneapolis Boulevard Hotel 2200 Freeway Boulevard MECHANICAL Air Rite Heating & A/C Inc. Associated Mechanical Contractors, Inc. Cities 1 Plumbing & Heating Freedom Heating & Air Conditioning, Inc Friendly Home Services, Inc. Northwest Heating & Cooling Pfiffner Heating & Air Conditioning Sedgwick Heating RENTAL INITIAL 'TYPE III— two-year license) 39065211 Avenue 4007 Joyce Lane INITIAL (TYPE II— two-year license) 5340 Queen Avenue N 6935 146 " Street W #3, Apple Valley 1257 Marschall Road, Shakopee 787 Hubbard Avenue, St, Paul 2500 Highway 88, Minneapolis 7510 Lannon Avenue NE, Otsego 434 Taylor Street, Anoka 6301 Welcome Ave N #26, Brooklyn Park 1408 Northland Drive, Mendota Heights Randy Hammond John Jorgensen Thanh Oan 10/13/14 -2- DRAFT RENEWAL (TYPE III— one-year license) 6305-6507 Camden Avenue N Melrose Gates Apartments 5324-26 James Avenue N 280163 rd Avenue N 6800 Dupont Avenue N 7007 Morgan Avenue N RENEWAL (TYPE II— two-year license) 5240 Drew Avenue N 5408 Girard Avenue N 5256 Twin Lake Boulevard E 100765 th Avenue N 284167 th Lane N 532872 d Circle 3819 Burquest Lane 1537 Humboldt Place N RENEWAL (TYPE I— three-year license) 6825-27 Noble Avenue N 833 S7th Avenue N 270165 th Avenue N 5956 Beard Avenue N 6315 Brooklyn Boulevard 5926 Colfax Avenue N 6801 Fremont Place N 3301 Mumford Road 6649 Xerxes Place N SIGN HANGERS DeMars Signs Landmark Architectural Signs, LLC Designer Sign Systems Soderberg Apt Specialists Steven & Debra Elhardt Thomas Bennett Yi Lin Lin Shuang LLC Bradley Schumacher Michaele Gardner Brian Somkhan John Deering Brooke Berner Shuxing (Mark) Sun Amir Chaboki ShoeMiller Properties Christian Vitale Bruce Goldberg Trinh Vu Ann Cook Raymond He Jack Froelke Olamiyi Kuku Danny Vo Lane Schwartz 11570 Foley Boulevard. NW, Coon Rapids 17576 Hemlock Avenue, Lakeville 9975 Flanders Court, Blame 6e. RESOLUTION NO. 2014-137 SETTING 2015 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES 6d.RESOLUTION NO. 2014-138 AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES AND IN-CONSTRUCTION SERVICES, PROJECT NOS. 2015-05, 06, 07 AND 08, 63RD AVENUE NORTH STREET AND UTILITY IMPROVEMENTS 6e.DEER PROGRAM REPORT 10/13/14 -3- DRAFT 6f.RESOLUTION NO. 2014-139 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 6g.RESOLUTION NO. 2014-140 ADOPTING THE JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT OF JANUARY 1, 2015, FROM THE HENNEPIN COUNTY CHIEFS OF POLICE ASSOCIATION MUTUAL AID PACT Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2014-141 RECOGNIZING VOLUNTEERS WHO PARTICIPATED IN THE CITY OF BROOKLYN CENTER'S 2014 LANDSCAPE AND GARDEN SPOTLIGHT Public Works Director/City Engineer Steve Lillehaug presented pictures of three spotlight properties and described the landscaped enhancements of each: 4207 Lakeside Avenue; 7200 Newton Avenue N.; and, 6726 Fifth Street. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-141 Recognizing Volunteers who Participated in the City of Brooklyn Center's 2014 Landscape and Garden Spotlight. Mayor Willson stated at this time of year he enjoys being out in the City and has found many residents who take great pride in the care of their yards and gardens. Motion passed unanimously. 8.PUBLIC HEARINGS 8a. ORDINANCE NO. 2014-08 REGULATING SIGNS THAT ARE WORKS OF PUBLIC ART; AMENDING BROOKLYN CENTER CITY CODE, SECTION 34- 140 City Manager Curt Boganey introduced the item and stated the purpose of the proposed ordinance to address the location of public art. It was noted this ordinance received first reading on September 8, 2014, was published in the official newspaper on September 18, 2014, and is offered tonight for public hearing and adoption. Director of Business and Development Gary Eitel reviewed the past consideration of an ordinance amendment relating to the location and setback of public art and the City-sponsored quilted mural project that was found to exceed the limits of the Mn/DOT permit. He explained that if adopted, the setback for public art will change from 150 feet to 125 feet and allow the mural to remain as painted. 10/13/14 -4- DRAFT Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. No one addressed the City Council. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Mr. Boganey clarified that the School District was the permit applicant for this mural and endorsed the ordinance amendment. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2014-08 Regulating Signs that are Works of Public Art; Amending Brooklyn Center City Code, Section 34-140. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS -None. 10.COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 4407 66 " AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 4407 66 " Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. lOb. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6200 BROOKLYN BOULEVARD Mayor Willson polled the audience and asked whether anyone was in attendance to provide 10/13/14 -5- DRAFT testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6200 Brooklyn Boulevard, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. lOc. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5245-47 DREW AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5245-47 Drew Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. lOd. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5001 EWING AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 5001 Ewing Avenue North was inspected and 32 (8/unit) property code violations were cited and ultimately corrected. There have been zero validated police incidents/nuisance calls within the last 12 months. This property qualifies for a Type IV six-month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan and all applicable ordinances. Councilmember Ryan asked about the fee charged by the City for inspection. Ms. Schleuning stated there are fees for the rental license, inspection, and re-inspection. Councilmember Ryan clarified the fees are to cover the City's cost for the inspection and permit processing, not to raise money. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to open the hearing. 10/13/14 -6- DRAFT Motion passed unanimously. Bart Dabrowski, 5001 Ewing Avenue N., Apartment 2, took exception to the $450 re-inspection fee, as he believed it was scheduled on August 17, 2014, but instead the inspector came on September 17, 2014. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5001 Ewing Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Councilmember Ryan asked staff to review the record to assure inspection fees were appropriately charged and that the property owner is not being charged for a missed inspection as a result of miscommunication. The City Council supported the suggestion of Mayor Willson to take action on this rental license tonight and direct staff to research the inspection fee as a separate issue. Mr. Boganey agreed that the issue of fees is separate from the issue of rental licensing so the license can be acted upon tonight. He stated staff will review the record and come to a determination on how the inspection fees were calculated. Mr. Boganey described the opportunity for the property owner, if desired, to appeal the amount of inspection fees. Motion passed unanimously. lOe. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5618 HILLS VIEW ROAD Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5618 Hillsview Road, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. lOf. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5307 HOWE LANE Mayor Willson polled the audience and asked whether anyone was in attendance to provide 10/13/14 -7- DRAFT testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5307 Howe Lane, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. lOg. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5442 JAMES AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5442 James Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. lOh. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 4207 LAKESIDE AVENUE #337 Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Mayor Willson moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 4207 Lakeside Avenue #337, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. lOi. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5400-02 RUSSELL AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. 10/13/14 -8- DRAFT Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5400-02 Russell Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. lOj. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 1510 69TH AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. 1. RESOLUTION NO. 2014-142 APPROVING A TYPE IV RENTAL LICENSE FOR 1510 69TH AVENUE NORTH Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-142 Approving a Type IV Rental License for 1510 6911 Avenue North. Motion passed unanimously. 10k. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6316 QUAIL AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. 1. RESOLUTION NO. 2014-143 APPROVING A TYPE IV RENTAL LICENSE FOR 6316 QUAIL AVENUE NORTH Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-143 Approving a Type IV Rental License for 6316 Quail Avenue North. Motion passed unanimously. 101. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 160167 TH LANE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. 10/13/14 -9- DRAFT 1. RESOLUTION NO. 2014-144 APPROVING A TYPE IV RENTAL LICENSE FOR 1601 67TH LANE NORTH Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-144 Approving a Type IV Rental License for 1601 67th Lane North. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • October 6, 2014, Joint Work Session with Financial Commission • October 11, 2014, Community Fundraising Event at Prince of Peace Lutheran Church to raise funds for homeless teens • October 13, 2014, Along with the Lions Club, distributed dictionaries to students of Earle Brown Elementary School Councilmember Ryan commended the City of Brooklyn Center for its support, along with Avenues of Youth, to address the 4,000 teens and young people who are homeless and living on the streets in Minnesota. Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • September 27, 2014, Memorial Service for Patrick Sawyer, the first American to die of Ebola September 28, 2014, Lions Club Pancake Breakfast • October 6, 2014, Joint Work Session with Financial Commission • October 10, 2014 Evergreen Park Elementary Book Fair • October 11, 2014, Community Fundraising Event at Prince of Peace Lutheran Church to raise funds for homeless teens • October 13, 2014, Brooklyns Youth Council Meeting Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • September 24, 2014, Odyssey Academy Board Meeting • October, 1 2014, North Hennepin Community Candlelight Vigil to bring awareness to Domestic Violence • October 3, 2014, Odyssey Academy Family Fun Night • October 6, 2014, Joint Work Session with Financial Commission • October 7, 2014, Brooklyn Center High School Latino Heritage Night • October 9, 2014, spoke with daughter at the Forensic Science Seminar, an organ donation venue • October 25, 2014, Odyssey Academy Pancake Breakfast and Health & Wellness Fair Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: 10/13/14 -10- DRAFT • September 23, 2014, City Hall met with City Manager Boganey and representatives of Sister City • September 27, 2014, Memorial Service for Patrick Sawyer, the first American to die of Ebola • September 27, 2014, Center for Families for West African Family Day • September 28, 2014, Lions Club Pancake Breakfast • October 2, 2014, Dangerous Dog Hearing • October 6, 2014, Joint Work Session with Financial Commission • October 7, 2014, Brooklyn Center Fire Relief Association Meeting • October 11, 2014, Community Fundraising Event at Prince of Peace Lutheran Church to raise funds for homeless teens • October 11, 2014, spoke before the Stone Arch Group • October 12, 2014, Riverview Autumn Pumpkin Fest • October 12, 2014, Webelos Cub Scout meeting at St. Alphonsus • October 14, 2014, Earle Brown Elementary School to speak to Fourth Grade Class 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 7:51 p.m. Motion passed unanimously. 10/13/14 -11- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: October 21, 2014 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk2 All SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on October 27,2014. 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 applications, and paid proper fees. Applicants for rental dwelling 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. MECHANICAL, Barnes Plumbing Co. Bell Mechanical G-HVAC Professional Mechanical Services Soderlin Plumbing, Heating & Air Steinkraus Plumbing, Inc. RENTAL See attached report. SIGN HANGERS Sign Maintenance Lighting & Electrical, Inc. 3923 Washington Avenue N, Minneapolis 855 Village Center Drive, North Oaks 16036 Mallard Way SE, Prior Lake 8851 Research Center Road, New Hope 3612 Cedar Avenue 5, Minneapolis 112 East 5th Street, Chaska 700 Tower Drive, Medina Mission: Ensuring an UIImC/LVe, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 S or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring In attractive, clean, saft, inclusive coininuluty that enhances the quality of life for all people and preserves the public trust COa)>--1 Q)0>.I- (0a)>-N a)0 a)0 II a) - bjD CO CL , COC3C ** ** * Cd,a) Ca4J>- a)0.0 0. -DC(0 a)4-J 4.) >-4.) 0C04.) a) 0 a) (0 u_, *= w *0 C wQJ ====-===-—- (f)*- C w =====-=-====—-== 00000 0000000* LI0 LLCL U a)U) CLUg7 r4 U)w C - .9 m 0 N 0 (fl N m CO 00o o o—Co - <I 0 0 0 00.biD -= 00-C -C 0v -C 0 00 4— U) O 0 CO 0= - U zEbao )C'C C>-CL>> LU C 4-'a)-9--E CO— a)a0)0.0)C 0 ><4-C -U) o CO CO E CO CO CO 0 ->a) U I-o - CO CO CO COCO a)a)a)0)0)Cl)a)a)a)a)a)(fl C-C C C C C C C C C C CC U, a) L a)a)a)a)a)Cl)a)a)a)a)a)a) C U >->->>>.>->->.>..>->.>>- _ -bO CO CO CO CO CO E CO CO CO CO CO CO CO CO CO CO COCU.LL LJ LLLL CO LI.LI.LI.LI.LI.LL U..U U..LI.U4I--a)a)Cl)U-(V a)0)a)Cl)Cl)a)a)a)a)a)C CC C C CCCCC C CC C CCC a) ZzZa)z Cl)Cl)Z Z ICl)<>Cl Cl)a)<>C -<OCx<o >><<Za) 0 0 a)0 <C >0 E CO C'-C - C -CO ..0 0 I-N-1 41v CI'>CO a)Cl) E Co C-to a)-..I'D -00 a)00a)o <CO uJ>Lr)L ILD CO O w u I 0.N 0 0 CO LD LO If)N N Ln v-4 CO fl)0 N000o0c'I lzT 0 0 m 0 0 m 0 m -1 F->- 0 -i-Cfl 0)0)N 0 m t CO -1 N LO rfl -N 0-t Lfl U)mall co D Lfl LO N If)If 0 W City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM DATE: October 17, 2014 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation & Services SUBJECT: Resolution Rejecting Bids, Centennial Civic & Veterans Memorial Amphitheater Recommendation: It is recommended that the City Council reject bids for the Centennial Civic & Veterans Memorial Amphitheater Project. Background: Bids for the Centennial Civic & Veterans Memorial Amphitheater were received and opened on September 4, 2014. The bidding results are tabulated below: BIDDER TOTAL Maertens-Brenny $ 599,000.00 Ebert Construction $ 607,800.00 Kue Contractors $ 625,488.00 Terra General Contractors $ 640,700.00 Project One Construction $ 759,581.00 The amphitheater project had a projected construction cost of $410,000 and the low bid received was $599,000.00, approximately 46% above the planned amount. As this project was to be largely funded by private donations, there are currently insufficient revenues to support the project construction. Staff proposes to revise the scope and plans for the project to more closely reflect the current funding levels and consider rebidding the project at a later date. Budget Issues: Strategic Priorities: . Civic Engagement Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REJECTING BIDS, CENTENNIAL CIVIC & VETERANS MEMORIAL AMPHITHEATER PROJECT WHEREAS, pursuant to an advertisement for bids for the Centennial Civic & Veterans Memorial Amphitheater Project, sealed bids were received, opened, and tabulated by the CARS Director on the 4th day of September, 2014. Said bids were as follows: BIDDER TOTAL Maertens-Brenny $ 599,000.00 Ebert Construction $ 607,800.00 Kue Contractors $ 625,488.00 Terra General Contractors $ 640,700.00 Project One Construction $ 759,581.00 WHEREAS, the lowest bid exceeds the current revenues for the project; and WHEREAS, the City desires to reduce the project cost by revising the scope and plans for the project, then consider re-advertising and rebidding the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The construction contract bids for Centennial Civic & Veterans Memorial Amphitheater Project are hereby rejected. The City Clerk shall return 'all bid securities provided to the City in response to the solicitation of bids for said improvement project. 2. City staff shall proceed to revise the scope and plans of the Centennial Civic & Veterans Memorial Amphitheater Project. October 27, 2014 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. 6d I1SI[.I I N V M4 I'A I D (I) 11I )1IJ'AU DATE: October 17, 2014 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation & Services 7 SUBJECT: Resolution Authorizing the Brooklyn Bridge Alliance for Youth to Apply for Grant Funding Through the Hennepin Youth Sports Program Recommendation: It is recommended that the City Council consider approval/adoption of a resolution authorizing the Brooklyn Bridge Alliance for Youth to apply for grant funding through the Hennepin Youth Sports Program Background: The Brooklyn Bridge Alliance for Youth is a joint powers agreement between the Cities of Brooklyn Center, Brooklyn Park, Hennepin County, and the Osseo, Brooklyn Center, Robbinsdale and Anoka-Hennepin school districts. Ex Officio Members include: Hennepin Technical College & North Hennepin Community College. The Alliance mission is to coordinate a system of high-quality accessible and fully resourced opportunities that lead to: An increase in high school graduation rates > Improved pathways to college or career A reduction in young people's experience of violence. Alliance members have identified increasing access to programs and services as a priority and recognize the need to bring recreation facilities and programs to youth with limited mobility and other barriers to participation. The Brooklyn Bridge Alliance for Youth is requesting the support of the City of Brooklyn Center, in partnership with the City of Brooklyn Park, in submitting a grant proposal to the Hennepin Youth Sports Program The Hennepin Youth Sports Program was developed through legislation funding the new Twins Stadium, and provides Hennepin County with a portion of the .15% sales tax surcharge to assist municipalities, park districts and school districts to create, expand or improve athletic and recreation facilities that enhance opportunities for youth participation. The Amateur Sports Commission has been contracted to administer the application process, with the Hennepin County Board having final project approval. The grant request is in the amount of $140,000 to purchase two (2) vehicles equipped to bring recreation programs to high density, high need areas and geographically isolated neighborhoods in the "Brooklyns". These vehicles would be used to transport equipment, supplies and staff to various neighborhoods with limited mobility and barriers to participation in current programs. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality oJ'life for all people and preserves the public (lust SLIIU[SJ lUll MA UYA S 1L74 O 1I UBJk' I This project proposal addresses transportation barriers that were first identified in 2000, and again outlined as a high need area by various youth serving organization in 2011, during an Afterschool Summit hosted by the Alliance partners. The public's desire for an innovative solution to transportation issues and the structure of the Alliance are key factors to developing a cohesive and cross-organizational mobile recreation solution. A mobile recreation program would expand the number of programs available to youth, expand the number of sites youth can access to participate in programming and will expand access to programs for disengaged youth. Mobile recreation also allows for shifting programming sites as neighborhoods expand, shift and develop over time. Mobile recreation will continue to bring programming to those most isolated and in need of opportunities. The programs offered through mobile recreation vehicles will be developed and refined through a collaborative programming planning process, and will leverage partnerships and resources that will be gathered during this process. An implementation plan will be brought back to the City Council prior to the vehicle purchase. The attached resolution is needed as a part of the grant application. Budget Issues: The grant request is for $140,000 (2 vehicles @ $75,000 each). The Alliance will provide $10,000 in matching funds. The Hennepin Youth Sports grant request is for $140,000 to purchase two vehicles; one for Brooklyn Center and one for Brooklyn Park. The funds will pay for a vehicle and/or equipment (i.e. trailer) yet to be determined. Examples of vehicle options are included in this packet. Cities will assume the annual operating cost for maintenance and contributions to capitol asset replacement funds, which is estimated at approximately $7,200/ year for each agency. Strategic Priorities: o Civic Engagement Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO RESOLUTION AUTHORIZING THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH TO APPLY FOR GRANT FUNDING THROUGH THE HENEPIN YOUTH SPORTS PROGRAM WHEREAS, The Brooklyn Bridge Alliance for Youth is a joint powers agreement between the City of Brooklyn Center, City of Brooklyn Park, Hennepin County, and the Osseo, Brooklyn Center, Robbinsdale and Anoka-Hennepin school districts. Ex Officio Members include: Hennepin Technical College & North Hennepin Community College; and WHEREAS, The mission The Brooklyn Bridge Alliance for Youth is to coordinate'a system of high-quality, accessible and fully resourced opportunities that lead to: 1) an increase in high school graduation; 2) pathways to college or career; and 3) reduction in young people's experience of violence; and WHEREAS, Hennepin County, via its Hennepin Youth Sports Program, provides capital funds to assist local government units of Hennepin County for the development of sports or recreation facilities; and WHEREAS, the Brooklyn Bridge Alliance for Youth is submitting a grant application for the purchase of two mobile recreation vehicles; and WHEREAS, the estimated cost of the vehicles is $75,000 each ($150,000). The Brooklyn Bridge Alliance for Youth is requesting $140,000 from the Hennepin Youth Sports Program and will assume responsibility for a matching funds requirement of $10,000; and WHEREAS, the City of Brooklyn Center agrees to own and assume operational and maintenance costs for one of these vehicles, if the application is approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center I.That the estimate of the total cost of purchasing the (2) vehicles shall be $150,000.00 and the Brooklyn Bridge Alliance for Youth is requesting $140,000.00 from the Hennepin Youth Sports Program and will assume responsibility for a match requirement of $10,000.00. II.That the City of Brooklyn Center agrees to own, assume one hundred (100) percent of the operation costs for one mobile recreation vehicle and will operate the vehicle for its intended purpose for the functional life of the vehicle, which is estimated to be 10 years. III. That the City of Brooklyn Center agrees to enter into any necessary and required agreements with Hennepin County for the specific purpose of purchasing a mobile recreation vehicle. 10/27/2014 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. 60080IN "': Brooklyn BridgeALLIANCEVOUTH 3ky llcog F© Youth HennqoAn Youth Sports Pmgirn Fffly Appficat OMn 200 Project summary This project will be located in District 1, covered by Hennepin County Commissioner Mike Opat. The Brooklyn Bridge Alliance for Youth (the Alliance) submits this application, in partpership with the Cities of Brooklyn Center Recreation and Parks Department and the City of Brooklyn Park Recreation and Parks department, who will provide ongoing operational support for these vehicles once a sustainability plan is completed in 2015 and approved by each City Council, thereby the Alliance requests funds to purchase two vehicles to support the implementation of a Mobile Recreation Vehicle within each city. The Alliance is a joint powers agreement between the City of Brooklyn Center, Brooklyn Park, Hennepin County, and the school districts of Osseo, Brooklyn Center, Robbinsdale and Anoka- Hennepin. Ex Officio Members include: Hennepin Technical College & North Hennepin Community College. Our mission it to: coordinate a system of high-quality accessible and fully resourced opportunities that lead to an 1) increase in high school graduation; 2) pathways to college or career; and 3) reductions in young people's experience of violence. Alliance members have identified the need to bring recreation facilities and programs to youth with limited mobility and barriers to participation, therefore, increasing access to pro-social opportunities that reduce their experience of violence. Alliance research has identified the needs of youth in the Brooklyn's. Community surveys completed in 2008, 2012 and in 2014 identified transportation as one of the top three barriers to their participation. During the summer of 2014 survey, a statistically significant sample of youth indicated the following: o 61% of respondents said that they were not currently participating in any program, o 45% of respondents said "not knowing what's available" was a barrier to participation, o 34% of respondents said that transportation was a barrier to their participation, o 45% of respondents expressed interest in outdoor recreation activities. Our solution is to bring mobile 'brick and mortar' facilities to the community that will increase participation, eliminate barriers and tap into youth interests. Additionally, to sharpen our implementation planning that will occur in 2015, we have used GIS analysis to identify high density and high crime areas that the Mobile Recreation Vehicle will engage with. At this time, this proposal will assist each city with building their Mobile Recreation programming by providing the vehicle. The City of Brooklyn Park's Recreation and Parks Department will build off of their current mobile recreation pilot in partnership with the District 279 Foundation. This pilot was implemented in partnership with Osseo School district and focused on literacy and recreation, bringing summer recreation to four apartment sites 4 times per week for 6 weeks, reaching a total of 180 youth. 2 The City of Brooklyn Center will launch a planning process to implement and sustain the programming for a Mobile Recreation Vehicle. This will be a completely new line of recreation services serving 1000's of kids for the 1st time. In conclusion, each city has unique needs and assets to build on, and has through its joint- powers agreement with the Alliance, created a collaborative table to develop solutions. Once this grant is approved, we will have the essential resource needed to develop the programming that will fully utilize this vehicle. Once programming planning is approved, the vehicle purchase will be approved by City Council, and funds will be used. Geographic location map Attached (Attachment 1) are three maps outlining the data that will be taken into consideration to determine target sites for the mobile recreation program. We've overlaid census data from 2010 with crime mapping data to illustrate the areas that are in need of positive opportunities for youth during the afterschool and summer hours. Also included is a map that illustrates the geographic isolation of many community neighborhoods from recreation and parks facilities. These maps also illustrate the isolation and lack of interconnectedness of some neighborhoods in each community. Targeted locations for use of the Vehicle are intentional and aligned with each city's Youth Violence Prevention Strategy - "to ensure that youth are safe, supervised and connected to positive programs during the out of school time hours." This is particularly relevant when caregivers may not be there to supervise, and specifically in regions with a high population of youth isolated from resources and opportunities. These maps will be used to designate specific sites for mobile programming during a collaborative planning process that will take place in early 2015. This planning process will include community members, parents, apartment managers and other stakeholders and funders from Brooklyn Center and Brooklyn Park. Site plan See (Attachment 2) Time/me Timing Action Oct-Dec 2014 Submit application - planning pending grant reward January-June 2015 Build Support for Sustainability Organizations who are partners of the Brooklyn Bridge Alliance for Youth (Robbinsdale Schools, Brooklyn Center Schools, Osseo Area schools, Anoka Hennepin Schools, Hennepin County, City of Brooklyn Park, City of Brooklyn Center, Hennepin Technical College, North Hennepin Community College) will mobilize their partners in the community to engage them in the collaborative planning process to sustain vehicle utilization. These partners will include: • City Councils • City Park Commissions • Community members and youth • Police Departments, Youth Violence Prevention Initiative • Property and Apartment Managers • Churches and faith communities Create Sustainability Plan After gathering input from partners, the Alliance will facilitate the joint planning process between the two cities. This will result in each city determining 1.What vehicle they need to purchase 2.Programming Plans 3.Budget Planning for Programming 4.Budget Planning for Vehicle 5. Development of fundraising, partnership and sustainability plans to sustain the use of the vehicle. July 2015- December 2015 Implement Sustainability Planning With the new project plan, the Alliance will build partnerships with local business and City Councils to identify funds to sustain the mobile recreation vehicle long term (and ongoing program costs related to mobile recreation) The vehicle is a leveraging opportunity for funders to rally around. 1.Vehicle Purchase: Upon the approval of this grant, with approve of city councils, and in partnership with our local dealerships, Luther Automotive, the vehicles will be purchased and integrated into the respective Cities Vehicle Fleets. 2.Budget Programming and Vehicle operational costs January 2016-May 2016 Implement Programming Plans Implementation is dependent on the scope and sequence of programming plans. June-August 2016 Implement Phase 1: Summer Program Recreation staff from the collaborative partners will work with apartment site managers and visit mobile recreation program sites leading up to the start of summer programming. Publicity materials will be created and outreach efforts will be conducted to inform residents and parents about the program. August-October 2016 Implement Phase 2: Fall Program Programs will continue to be offered on a weekly basis at sites during the afterschool hours in the fall, so long as weather permits. October - December 2016 Complete Phase 1 Evaluation During the winter months, partners will reconvene to review the quality of the programming offered, identify and address issues that arose during program delivery, and refine the program model in preparation for a fully sustained 2017 program delivery. January 2017 Share innovation lessons learned with Alliance members and the following partners:• City Councils• City Park Commissions• Community members and youth• Police Departments, Youth Violence Prevention Initiative• Property and Apartment Managers• Churches and faith communities• Minnesota Parks and Recreation Association Creating opportunities The Mobile Recreation Vehicle will target geographically isolated communities, and focus on caregivers and youth usually disengaged and isolated from community resources and not currently participating in programs. Mobile Recreation Vehicle will be easy to access and youth will be able to walk to the vehicle because it will be in their neighborhood. New opportunities include: 1.Opportunities available to non-participating youth, 2.Increased number of sites youth can access programming, and 3. Programs made possible by the Mobile Recreation Vehicle. Expanded opportunities include: 1.Increased availability of current facilitates by expanding access at off-site locations, 2.Increased availability to all parts of the community, including those that may already utilize recreation services. (e.g. A youth might have a ride to the Community Center for a Wednesday practice, and now, will also be able to access a Monday flag-football pick-up game at a mobile recreation site), and 3. Increased programming: As outlined above, the programs offered through mobile recreation vehicles will be developed and refined through the collaborative programming planning process, and will leverage partnerships. Partnerships The Alliance is formed through a 3 year Joint Powers Agreement (Attachment 3). The work of the Alliance is based on a commitment of partners to working collaboratively across organizations in achieving its mission of coordinating a system of high-quality, accessible and fully resourced opportunities that lead to 1) an increase in high school graduation; 2) pathways to college or career; and 3) reductions in young people's experience of violence. The Alliance is comprised of public entities which share a common interest in the success and achievement of youth in Brooklyn Park and Brooklyn Center. In addition to the two cities of Brooklyn Park and Brooklyn Center, other signatories to the Joint Powers Agreement include Hennepin County, Osseo Area Schools, Anoka-Hennepin School District, Robbinsdale School District, Brooklyn Center School District, with Ex-officio members North Hennepin Community College, and Hennepin Technical College. This legally bound and effectively coordinated system of partners has laid the foundation for this joint application. The Alliance Strategy Team, consisting of the members listed below, crafted this application. The Alliance has success in developing and implementing joint efforts to plan and execute projects. Current projects include raising funds for expanded opportunities for youth in the community, sharing resources, connections and joint-marketing of existing opportunities for youth (www.brooklynsconnect.org ) across organizations. Alliance Strategy Team Member Organization Role Jan Ficken City of Brooklyn Park Co-chair Dara Hagen Hennepin Technical College Member Aviva Hillenbrand Robbinsdale Area Schools Member Melissa Leimbeck North Hennepin Community College Member Jim Glasoe City of Brooklyn Center Member Brian Siverson-Hall Osseo Area Schools Member Rebecca Gilgen Alliance Executive Director Chair This active and effective group will be coordinating the collaborative planning efforts for the Mobile Recreation Vehicle, and will act as resources and partners in developing and implementing the programming offered. Included is a letter of support from Alliance partner Osseo Area Schools and Hennepin Technical College (Attachment 4 and 5). The lead partners in this proposal are the City of Brooklyn Center and the City of Brooklyn Park. Included is a Resolution from both Local Government Units in support of this application by the Alliance. Pending the approval of this grant, each vehicle will be entered into the fleet of the cities (maintenance and insurance). See attached draft resolution for the Alliance and each City. Project budget Item Cost Funding Source 2 Mobile Recreation Vehicles 140,000 Hennepin Youth Sports Program $75,000 per vehicle Facilities Grant 1 vehicle for Brooklyn Center 10,000 Brooklyn Bridge Alliance for Youth 1 vehicle for Brooklyn Park (Currently in reserve) $150,000 Monthly vehicle maintenance $1,200/per vehicle/per Cities Contribution fees (gas, oil changes, repairs,month City of Brooklyn Center and City of vehicle cleaning, regular Brooklyn Park capital equipment plan maintenance, vehicle for fleet management in the 2016 insurance, staff drivers safety =$28,800/per year for both budget. class)vehicles (Future Commitment) Program supply costs (program $75,000/city/year In kind donation from each City supplies, staffing)(Currently in reserve) =$150,000 per year Matching funds The Brooklyn Bridge Alliance will provide matching funds of $10,000 to this proposal. The City of Brooklyn Center and the City of Brooklyn Park will provide in-kind funds to support each vehicle in being entered into the fleet of vehicles for each respective city. In addition, both Parks and Recreation departments have committed to shifting programming and staff time allocation over the next 2 years to ensure sustainability. While these are not new funds, it is a substantial commitment of resources towards this new vision of mobile recreation. We intend to collaboratively raise additional resources for this project over the next year. We have learned that having a "rallying point" for funders such as "match grant" motivates investment. In this case, a brand new, community supported "Mobile Recreation Vehicle" will be a tremendous rallying point for all. Key in the Alliance's fundraising strategy is our collaborative approach to building partnerships and developing and implementing a sustainability plan. And lastly, measuring the results of our efforts and using these results to improve. The Alliance will utilize already established, and as needed build new relationships with funders and businesses aligned with the vision of this project. Community Support This project has the support of the Brooklyn Bridge Alliance for Youth and all of its partners (Attachment 4). Because of this unique partnership outlined by the Joint Powers Agreement, the partners involved in this project have already developed shared projects, collaboratively planned and executed projects, and have a legally outlined commitment to working together. These partners are passionate, have a proven track record of committing and following through on work, and have the resources necessary to sustain the project over time. Reducing barriers to participation in after school programs is one of the core principals of the work of the Alliance, and addressing the transportation barrier particularly is a project outlined in the Strategic Plan of the Alliance. This project is based on the need to develop creative solutions to the issue of transportation barriers that was first identified in 2000, and outlined again by the community in 2011 during an Afterschool Summit hosted by the partners that would later form the Alliance. The public's desire for innovative solutions to transportation and the structure of the Alliance is key to developing a cohesive and cross-organizational solution through mobile recreation. Letters of support will be provided by Osseo School District, Hennepin Technical College, Alliance Board action and both Cities will take council action to support the submission of this proposal. Number of youth served and user characteristics Potential users of the mobile recreation programming will be youth from neighborhoods with a high concentration of poverty, people, crime and diversity. They are also geographically isolated from other recreation sites and opportunities. Based on the pilot mobile recreation project Brooklyn Park did in 2014, we estimate that with two fully operating vehicles we will jointly reach 21,000 youth visits per year. During the 6 week pilot, 180 youth were engaged during 4 days of programming per week, with a total of 4,320 visits throughout the summer. We believe that we will reach these numbers with the addition of these vehicles, more funding, partnerships, programming sites, and an expanded schedule of programs being offered in the spring, summer and fall, as well as a presence at city events and city festivals. Environmental improvements Investing in mobile recreation is extremely energy efficient. It allow for the use of programming space that is outdoors - decreasing use of energy to power lights, heating and cooling of recreation facilities. Vehicle efficiency will also be a high priority when identifying the best vehicle to purchase for offering mobile recreation programming. Sustainability The operations and maintenance of the vehicles will be assumed by the cities of Brooklyn Center and Brooklyn Park. Overall maintenance will be managed through integrating the vehicle into the respective cities' fleet of vehicles. This will be made possible through City Council action approving the purchase and maintenance of the vehicle. If approved by City Council, funds will be allocated from the city vehicle fleet management in the 2016 budget. The Alliance partners will be responsible for facilitating partnerships to sustain the programming offered by the Mobile Recreation Vehicles. Resolution of Local Government Unit The Alliance will execute a resolution which authorizes the filing of this application and pledges execution of final agreements with Hennepin County if a grant is awarded on November 25th. A resolution by the local government unit(s), the City of Brooklyn Park and City of Brooklyn Center will execute resolutions on October 20th and October 27" respectively. (see attached resolutions) - City of Brooklyn Park, October 20th - City of Brooklyn Center, October 27th - Brooklyn Bridge Alliance for Youth, November 25th Application form The application form is complete and will be hand delivered on October 20. I U) U)a 0 Ca 0—J bjO U 0a) cü 0 - ow, IiWA U) U) U) 0> 0) 0) 0 0 00 co fin -I I M. Hr 'F o C j o= E reall '!L: Letter of Support: Attachment 4 To: Hennepin County Youth Sports Facility Grant Review Team From: Brian Siverson-Hall, Osseo Area Schools Date: September 29, 2014 Re: Support for Giant Proposal Dear Grant Review Team, My name is Brian Siverson-Hall and I am the Executive Director of Community Engagement for Osseo Area Schools. I am writing this letter to express my support for the Brooklyn Bridge Alliance for Youth request for funds to purchase two vehicles to provide mobile recreation programs. As the Director of Community Engagement one of my responsibilities is to oversee programming for youth in their non-school hours. While I am proud of the number of youth we reach with high quality programs, I am also aware of the number of youth who are still not participating in these opportunities. Youth in both Brooklyn Park and Brooklyn Center consistently indicate transportation is a primary barrier to participation. It is my opinion that this proposal directly addresses this barrier and will offer great opportunities for youth in these two communities by providing programming where they are located versus asking them to go to where programs are. This past summer a pilot was implemented with Brooklyn Park Recreation focused on literacy and recreation which brought programming to four apartment sites reaching a total of 180 youth. I believe the mobile recreation program would be able to have the same positive impact. Thank you for your consideration of the proposal. If you should have any questions, please feel free to contact me at 763-391-7115 or siversonhallb(district279.org . Respectfully Submitted, Brian Siverson-Hall Executive Director of Community Engagement, Osseo Area Schools Ossio.AIF.A Scuooi.s Our mission is to inspire and prepare all students with the confidence, courage and competence to achieve their dreams; contribute to community; and engage in a lifetime of learning. City Council Agenda Item No. 6e COUNCIL ITEM MEMORANDUM DATE: October 16, 2014 TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Director \ SUBJECT: Labor Agreement Public Works Maintenance Employees 2015-2016 Recommendation: It is recommended that the City Council consider adoption of the resolution approving the contract between the City of Brooklyn Center and International Union of Operating Engineers Local 49 for the period January 1, 2015 - December 31, 2016. Background: The current contract with the subject will expire on December 31, 2014. 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 all public works maintenance employees for a total of 25 employees. The attached agreement has been approved by a vote of the member and upon adoption by the City Council will establish wages and working conditions for the next two years. The Articles affected by these negotiations include the following: Article 25 - Insurance 2015 Full-time employees Effective 1/1/15, the City will contribute payment of one thousand and fifty-nine dollars ($1,059) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a high deductible health plan. Effective 1/1/15, the City will contribute payment of eight hundred fifty-two dollars ($852) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a non-high deductible health plan. For 2016 the City will offer the best of any agreement that we have for any other group for 2016. Article 28 - Wage Schedule Two (2%) increase plus a $ .25/hour market adjustment for 2015 effective January 1, 2015 Two (2%) increase plus a $.13/hour market adjustment for 2016 effective January 1, 2016 Article 32 - Duration Two year labor agreement January 1, 2015 —December 31, 2016. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: In 2015 the cost of the wage adjustment is approximately $47,000. The increase in the City's insurance contribution equals $17,100. The 2015 budget appropriates sufficient funds to cover this expense. Strategic Priorities: • Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2015-2016 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 IUOE Local 49 (Public Works Maintenance) for a contract for the years 2015-2016 as attached. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center approves the attached contract with IUOE Local 49 (Public Works Maintenance) for the calendar years 2015-2016; and BE IT FURTHER RESOLVED that authorized wage and benefit adjustments not to exceed the maximum contained herein shall become effective according to the schedule of the contract which commences January 1, 2015. October 27, 2014 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 CITY OF B ROOKLYN CENTER A GREAT PLACE TO START, A GREAT PLACE TO STAY www.cityofbrooklyncenter.org September 19, 2014 Kent Korman, Business Representative IUOE Local 49 2829 Anthony Lane South Minneapolis, MN 55418-3285 Dear Kent: Listed below are the changes we've discussed for the 2015 —2016 tentative labor agreement. ARTICLE 25—Insurance 25.1 2015 Full-time employees Effective 1/1/15, the City will contribute payment of one thousand and fifty-nine dollars ($1,059) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a high deductible health plan. Effective 1/1/15, the City will contribute payment of eight hundred fifty-two dollars ($852) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a non-high deductible health plan. For 2016 the City will offer the best of any agreement that we have for any other group for 2016. ARTICLE 28 - Wage Schedule Two (2%) increase plus a $ .25/hour market adjustment for 2015 effective January 1, 2015 Two (2%) increase plus a $.1 3/hour market adjustment for 2016 effective January 1, 2016 ARTICLE 35— Duration Two year agreement January 1, 2015 - December 31, 2016. City Hall Community Center Police & Fire Departments 6301 Shingle Creek Parkway 6301 Shingle Creek Parkway 6645 Humboldt Avenue North Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-1853 763.569,3300 Fax: 763.569.3494 763.569.3400. Fax: 763.569.3434 763.569.3333 Fax: 763.561.0717 Please let me know if you have any questions. Sincerely; Kelli Wick Human Resources Director Cc: Curt Boganey, City Manager Vickie Schleuning, Assistant City Manager/Building & Community Standards Director Steve Lillehaug, Public Works Director/City Engineer IUOE 49 2014 Negotiations 9/9/2014 Actual Proposed 2014 Increase 2015 Increase Brooklyn Center $ .65/hr M2; $.60 Mech Crystal 2% Fridley 1.5% approx Golden Valley market 4.25+% Maplewood 2% New Hope 2% + $.28/mrkt top rate Richfield 2% Roseville 2% +2% mrkt adj Shoreview 2% White Bear Lake 12% Union 1U0E49 IUOE 49 non-union non-union AFSCME IUOE 49 tent 11J0E49 IUOB 49 settled non-union 1U0E49 2% 2015; 2% 2016 2% Labor Agreement Between the City of Brooklyn Center And the International Union of Operating Engineers (IUOE) Local No. 49 January 1, 2015 - December 31, 2016 TABLE OF CONTENTS ARTICLE PAGE 1 Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Savings Clause 2 5 Union Security 2 6 Employer Security 2 7 Employer Authority 2 8 Seniority 3 9 Discipline 3 10 Employee Rights - Grievance Procedure 3 11 Job Posting 6 12 Probationary Periods 6 13 Right of Subcontract 6 14 Safety 6 15 Work Schedules 6 16 Relief and Meal Periods 7 17 Special Clothing 7 18 Overtime Pay 7 19 Call Back 8 20 Standby Pay 8 21 Holiday Leave 8 22 Vacation Leave 9 23 Sick Leave 9 24 Severance Pay 10 25 Insurance 10 26 Seasonal/Temporary Employees 11 27 Part-time Employee Benefits 11 28 Wage Schedule 11 29 Working Out of Classification Pay 12 30 Legal Defense 12 31 Waiver 12 32 Injury on Duty 13 33 Local 49 Central Pension Fund 13 34 Post Employment Health Care Savings Plan (PEHCSP)14 35 Duration 16 ARTICLE 1 - Purpose of Agreement This Agreement is entered into between the City of Brooklyn Center hereinafter called the Employer, and Local No. 49, International Union of Operating Engineers, hereinafter called the Union. 1.1 Purpose a.Establish certain hours, wages and other conditions of employment; b.Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; C. Specify the full and complete understanding of the parties; and d. Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2 - Recognition The Employer recognizes the Union as the exclusive representative for all Employees in the job classifications listed below who are public Employees within the meaning of Minnesota Statute 179A.03, Subdivision 14 excluding supervisory, confidential and all other employees: Mechanic, Maintenance I, Maintenance II, Maintenance III, and Night Service Person. ARTICLE 3- Definitions 3.1 Union: The International Union of Operating Engineers, Local No. 49. 3.2 Employer: The individual municipality designated by this Agreement. 3.3 Union Member: A member of the International Union of Operating Engineers, Local No. 49. 3.4 Employee: A member of the exclusively recognized bargaining unit. 3.5 Base Pay Rate: The Employee's hourly pay rate exclusive of longevity or any other special allowance. 3.6 Seniority: Length of continuous service in any of the job classifications covered by Article 2 - Recognition. Employees who are promoted from a job classification covered by this Agreement and return to a job classification covered by this Agreement shall have their seniority calculated on their length of service under this Agreement for purposes of promotion, transfer and lay off and total length of service with the Employer for other benefits under this Agreement. 3.7 Severance Pay: Payment made to an Employee upon honorable termination of employment. 3.8 Overtime: Work performed at the express authorization of the Employer in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 3.9 Call Back: Return of an Employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. ARTICLE 4 - Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this 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 provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE 5- Union Security In recognition of the Union as the exclusive representative the Employer shall: 5.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the wages of all Employees authorizing in writing such deduction, and 5.2 Remit such deduction to the appropriate designated officer of the Union. 5.3 The Union may designate certain Employees from the bargaining unit to act as stewards and shall infonn the Employer in writing of such choice. 5.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE 6- Employer Security The Union agrees that during the life of this Agreement it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the Employer. ARTICLE 7- Employer Authority 7.1 The Employer retains the full and unrestricted right to operate and manage all workforce, 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. 2 7.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 8- Seniority 8.1 Seniority will be the determining criterion for transfers, promotions and lay offs only when all job-relevant qualification factors are equal. 8.2 In the event of a lay-off the Employer will lay-off on the basis of seniority across all three divisions within the public works department for employees that are represented by I.U.O.E. Local 49. 8.3 Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled Employees shall have ten (10) working days after notification of recall by registered mail at the Employee's last known address to report to work or forfeit all recall rights. Recall rights will be based on seniority across the three divisions within the public works department for employees that are represented by I.U.O.E. Local 49. ARTICLE 9- Discipline 9.1 The Employer will discipline Employees only for just cause. 9.2 An Employee(s) will not be required to participate in an investigatory interview by the Employer where the information gained from the interview could lead to the discipline of the Employee(s) unless the Employee(s) is given the opportunity to have a Union Representative present at the interview to act as a witness for the Employee(s). ARTICLE 10 - Employee Rights-Grievance Procedure 10.1 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. 10.2 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. 10.3 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 the Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 10.4 Procedure Grievances, as defined by Section 10. 1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer- designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 maybe appealed to Step 4 within ten (10) calendar days following the Employer- designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the Employer's final answer in Step 4. Any grievance not appealed in writing to Step 5 by the Union within ten (10) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. If the parties cannot agree upon an arbitrator, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. If the parties cannot agree upon an Arbitrator, then the parties may request a list of Arbitrators from the Bureau of Mediation Services. 10.5 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 the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 10.6 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 Agreement of the Employer and the Union. 10.7 Choice of Remedy If, as a result of the Employer response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of Section 10.4 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of Section 10.4 the grievance is not subject to the arbitration procedure as provided in Step 5 of Section 10.4. The aggrieved Employee shall indicate in writing which procedure is to be utilized--Step 5 of Section 10.4 or another appeal procedure--and shall sign a statement to the effect that 5 the choice of any other hearing precludes the aggrieved Employee from making a subsequent appeal through Step 5 of Section 10.4. ARTICLE 11 - Job Posting 11.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion or transfers from within provided that applicants have the necessary qualifications to meet the standards of the job vacancy, have the ability to perform the duties and responsibilities of the job vacancy. 11.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article 12- Probationary Periods. 11.3 The Employer has the right of final decision in the selection of Employees to fill posted jobs based on qualifications, abilities and experience. 11.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 12 - Probationary Periods 12.1 All newly hired or rehired Employees will serve a twelve (12) months' probationary period. 12.2 All Employees will serve a twelve (12) months' probationary period in any job classification in which the Employee has not served a probationary period. 12.3 At any time during the probationary period a newly hired or rehired Employee may be terminated at the sole discretion of the Employer. 12.4 At any time during the probationary period a promoted or reassigned Employee may be demoted or reassigned to the Employee's previous position at the sole discretion of the Employer. ARTICLE 13 - Right of Subcontract Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by Employees covered by this Agreement. ARTICLE 14 - Safety The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. ARTICLE 15 - Work Schedules 15.1 The sole authority of work schedules is the Employer. The normal work day for an Employee shall be eight (8) hours. The normal workweek shall be forty (40) hours Monday through Friday. 15.2 Service to the public may require the establishment of regular shifts for some Employees on a daily, weekly, seasonal, or annual basis other than the normal 7:00 - 3:30 day. The Employer will give seven (7) days advance notice to the Employees affected by the establishment of work days different from the Employee's normal eight (8) hour work day. 15.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an Employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each Employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the Employee from so working. 15.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE 16 - Relief And Meal Periods 16.1 Two relief periods not to exceed fifteen (15) minutes are authorized at a practicable time within each Employee's shift. One relief period may be taken during the first half of the shift and the second relief period may be taken during the second half of the shift. 16.2 Each Employee shall be authorized one unpaid thirty (30) minutes meal period per shift. ARTICLE 17— Special Clothing The Employer will purchase and maintain sufficient sets of work coveralls to be available and specifically assigned for wear by Employees, other than mechanics, when engaged in unusually dirty tasks for the respective job classification. A determination of coverall assignments shall rest exclusively with the Employer. Mechanics shall be provided with uniforms by the Employer up to 11 pants and 11 short and long-sleeved shirts per week. ARTICLE 18- Overtime Pay18.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one-half (1-1/2) times the Employee's regular base pay rate. For the purposes of this section, "hours worked" shall include hours designated as holiday, sick or vacation time off. 18.2 Overtime will be distributed as equally as practicable. 18.3 Overtime refused by Employees will for record purposes under Article 18.2 be considered as unpaid overtime worked. 18.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 18.5 Employees will be paid in accord with Article 21 for work on holidays. 7 18.6 As an option to monetary compensation for overtime, an Employee may elect compensatory time off at a rate of one and one-half (1 1/2) the amount of overtime worked or two (2) times the amount of overtime worked for holidays paid in accordance with Article 21. Maximum compensatory time accumulated shall not exceed forty (40) hours at anytime. However, if an employee uses some hours they will be allowed to accrue back to the 40 hour maximum. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer designated supervisor. Compensatory time must be used by the end of December. Any remaining compensatory time will be paid to the employee no later than the last pay period before December 31 of each year. 18.7 Employees leaving the service of the Employer shall be compensated for all comp time hours accrued as of the date of separation. ARTICLE 19- Call Back An Employee called in for work at a time other than the Employee's normal scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one-half (1-1/2) times the Employee's base pay rate. ARTICLE 20- Standby Pay Public Utility Employees who are designated by their supervisor to serve in a "standby" status on behalf of the City on a weekend will receive as compensation for such service five and one half (5 1/2) hours of overtime pay for the period beginning the end of the work day on Friday and ending the start of the work day on Monday when serving in such status. Public Utility Employees who are designated by their supervisors to serve in a "standby" status on behalf of the City on a week night (Monday, Tuesday, Wednesday, or Thursday) that is not a holiday will receive as compensation for such service one (1) hour of overtime pay for each week night served in such status. Public Utility Employees who are designated by their supervisors to serve in a "standby" status on behalf of the City on a holiday will receive as compensation for such service two (2) hours of overtime pay for each holiday served in such status. Such standby pay shall be in addition to other compensation which the Employee is entitled to under this Agreement. ARTICLE 21 - Holiday Leave Holidays Defined. Holiday leave shall be granted for the following holidays: New Year's Day, January 1; Martin Luther King, Jr. Day, third Monday in January; Washington's and Lincoln's Birthdays, third Monday in February; Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, first Monday in September; Christopher Columbus Day, second Monday in October; Veteran's Day, November 11; Thanksgiving Day, fourth Thursday in November; Post- Thanksgiving Day, Friday after fourth Thursday in November; Christmas Day, December 25; and one floating holiday annually to be scheduled with permission of the Employee's supervisor. When New Year's Day, Independence Day, Veteran's Day, or Christmas Day fall on Sunday, the following day shall be observed as a holiday. When they fall on Saturday, the preceding day shall be observed as a holiday. Employees' absence from work on the day following or the day preceding such a three-day holiday weekend without the express authorization of the Employer shall forfeit rights to holiday pay for that holiday. 8 Employees working a normal Monday through Friday workweek, who are required to be on duty on any holiday, shall be paid time and one-half for the hours worked in addition to the base pay rate, except that such employees who are required to be on duty on New Year's Day, Thanksgiving Day, or Christmas Day, shall be paid twice the employee's regular pay for the hours worked in addition to the base pay rate. ARTICLE 22- Vacation Leave 22.1 Amount. Permanent Employees shall earn vacation leave at a rate of 6.67 hours for each calendar month of full-time service or major fraction thereof. Permanent Employees with five consecutive years of service through ten consecutive years of service shall earn vacation at the rate of 120 hours per year. Permanent Employees with more than ten consecutive years of service shall earn vacation leave according to the following schedule: During 11th year of service 128 hours per year. During 12th year of service 136 hours per year. During 13th year of service 144 hours per year. During 14th year of service 152 hours per year. During 15th year of service 160 hours per year. Employees using earned vacation leave or sick leave shall be considered to be working for purposes of accumulating additional vacation leave. 22.2 Usage. Vacation leave may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. Employees shall not be permitted to waive vacation leave and receive double pay. 22.3 Accrual. An Employee may accumulate no more than a maximum of 230 hours of vacation leave that can be carried over from year to year. 22.4 Termination Provisions. Employees leaving the service of the Employer in good standing, after having given the Employer proper notice of termination of employment, shall be compensated for vacation leave accrued and unpaid, computed to the date of separation. ARTICLE 23- Sick Leave 23.1 Eligibility. Sick leave with pay shall be granted to probationary and permanent Employees at the rate of eight hours for each calendar month of full-time service or major fraction thereof. 23.2 Usage. Sick leave may be used normally for absence from duty because of personal illness, injury, 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. 9 23.3 Accrual. Sick leave shall accrue at the rate of eight hours per month until 960 hours have been accumulated. After 960 hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month, and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month. Employees using earned vacation leave or sick leave shall be considered to be working for the purposes of accumulating additional sick leave. Worker's Compensation benefits shall be credited against the compensation due Employees during sick leave. 23.4 Procedure. In order to be eligible for sick leave with pay, Employees must: 1.Notify their superior prior to the time set for the beginning of their normal work day. 2.Keep their superior informed of their condition. 3. The City Manager may require a medical certificate as may be deemed necessary before approving the utilization of sick leave consistent with the Family Medical Leave Act. 23.5 Misuse Prohibited. Employees claiming sick leave when physically fit, except as otherwise specifically authorized in 23.2 shall be subject to disciplinary action up to and including discharge. ARTICLE 24- Severance Pay Severance pay in the amount of one-third the accumulated sick leave Employees have to their credit at the time of resignation shall be paid to Employees who have been employed for at least five consecutive years. If discharged for cause, severance pay shall not be allowed. Employees hired after 1/1/1992 and having 25 years of continuous service at the time of separation, shall be paid 40% of their accumulated sick leave into the City authorized Post Employment Health Care Savings Plan (PEHSCP) if a plan is established. In the event that the retiree benefit in effect on September 1, 2005 is completely eliminated by the employer for employees hired before 1/1/92, the sick leave severance pay for employees hired prior to 1/1/92 and having 25 years of continuous service will be paid at 40% of their accumulated sick leave into the City authorized PEHSCP (if a plan is established). If discharged for cause, severance pay shall not be allowed. ARTICLE 25- Insurance 25.1 2015 Full-time employees Effective 1/1/15, the City will contribute payment of one thousand and fifty-nine dollars ($1,059) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a high deductible plan. Effective 1/1/15, the city will contribute payment of eight hundred fifty-two dollars ($852) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a non-high deductible health plan. 10 For 2016, the City will offer the best of any agreement that we have for any other group for 2016. 25.3 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use in participating in the City's insurance benefits. ARTICLE 26 - Seasonal/Temporary Employees Employees employed by the Employer on a seasonal/temporary basis for no more than 180 calendar days per calendar year either in a full-time or part-time capacity (more than 14 hours per week) will be compensated as determined by the Employer for the term of this employment. Such Employees will not be eligible for any benefits under this Agreement except those which may be required by law or those which are specifically outlined below. ARTICLE 27- Part-Time Employee Benefits Part-time Employees shall not be eligible to receive fringe benefits under this Agreement. ARTICLE 28 - Wage Schedule - Effective January 1, 2015 (2% + $0.25/hour market adjustment Maintenance III $27.32 Maintenance II $26.02 Step 3 $24.29 Step 2 $22.61 Step 1 $20.91 Start $19.21 Mechanic $27.32 Night Service Person $26.02 Effective January 1, 2016 (2% + $0.13/hour market adjustment Maintenance III $28.00 Maintenance II $26.67 Step 3 $24.91 Step 2 $23.19 Step 1 $21.46 Start $19.72 Mechanic $28.00 Night Service Person $26.67 Crew Leader: An Employee assigned in writing by the Department Head or Public Works Superintendent to assist a supervisor as crew leader will be paid $1.50 per hour over their base wage of their regular position while performing such duties. Night Service Person: A night service person who is assigned in writing by the supervisor to do mechanics work will receive mechanics hourly rate of pay for time working such assignment. 11 ARTICLE 29- Working Out of Classification Pay Employees required by the Employer and who are adjudged by the Employer to be qualified to operate the following items of equipment will be paid the Maintenance III rate of pay for those hours assigned to the unit: Equipment Requiring Class "A" CDL Aerial Bucket Truck-Mounted Vactor Backhoes Crawler Dozer Patch Truck Motor Grader Sewer Jet Caterpillar #95013 Front-End Loader Caterpillar Front-End Loader Model 928 Street Sweeper/Pick-up or Vac Type Welding Employees required by the Employer and who are adjudged by the Employer to be qualified to operate the following items of equipment will be paid the Maintenance II rate of pay for those hours assigned to the unit: Blacktop Paver Truck (20' reach and over) Or similar Boom Type Units Brush Chipper Mower over 10' cutting width Paint Striper - Truck Mounted Trucks - Single - Axle Over 26,000 GVW Bombardier or MT Trackless Sidewalk and Trail Units Sewer Rodding machine Tandem Axle Trucks Tree Spade Farm Type Tractors Skid Steer Employees assigned by the Employer to Utility Operator will be paid the wage rate of the job classification to which the Employee is assigned. ARTICLE 30- Legal Defense 30.1 Employees involved in litigation because of negligence, ignorance of laws, non- observance of laws, or as a result of Employee judgmental decision may not receive legal defense by the municipality. 30.2 Any Employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the Employee's employment, when such act is performed in good faith and under direct order of the Employee's supervisor, shall be provided with a City assigned representative to accompany the employee and shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such Employee in defending against such charge. ARTICLE 31 - Waiver 31.1 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. 12 31.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or 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 parties at the time this contract was negotiated or executed. ARTICLE 32—Injury on Duty Employees injured while performing the official duties of their employment with the Employer and who are thereby rendered unable to work and are eligible for Workers' Compensation shall receive their regular wages and benefits for up to sixty (60) working days after an initial three (3) day eligibility period, pending doctor's authorization. The three (3) day eligibility will be taken from the Employee's own accrued sick leave. While out on injury on duty, all monies received from Workers' Compensation shall be turned over to the City of Brooklyn Center. ARTICLE 33— Local 49 Central Pension Fund The Employer and the Union have explored the feasibility and process necessary for implementation of the language and contributions required for employee participation in the International Union of Operating Engineers Central Pension Fund (hereinafter CPF). It was determined by the Employer and the Union that it is in the best interests of the employees to reduce their wages in order to allow Union members to participate in the CPF. The parties agree that the amount that would otherwise be paid in salary or wages will be contributed instead to the CPF as pre-tax employer contributions. The CPF is a supplemental Pension Fund authorized by Minnesota Statutes, 356.24, subdivision 1(9). Effective January 1, 2006, a pension contribution of ninety-six cents ($0.96) per hour, will commence. The hourly contribution rate will be applied to all compensated hours. (Cap has been raised to $5,000 per year.) The Employer shall pay this contribution directly to the I.U.O.E. Central Pension Fund. The Union agrees to indemnify and hold the Employer, its Officers, Agents, and employees harmless against any claims, suits, orders or judgments, brought against the Employer as a result of any action taken or not taken by the Employer on the specific provisions of this Article. This "hold harmless" clause does not hold the Employer harmless for failing to transfer the agreed contributions to the I.U.O.E. Central Pension Fund. It is agreed that for purposes of determining future wage rates, the Employer shall first restore the amount of the wage deduction, then apply the applicable wage multiplier, then reduce the revised wage by the CPF contribution rate. It is further agreed that for purposes of calculating overtime compensation the Employer shall first restore the amount of the wage reduction then apply the applicable 1.5 or 2 wage multiplier required under the Fair Labor Standards Act and the 13 collective bargaining agreement, then pay the resulting amount of overtime worked. The CPF Plan of Benefits and the Agreement and Declaration of Trust will serve as the governing documents. ARTICLE 34— Post Employment Health Care Savings Plan (PEHCSP) The Post Employment Health Care Savings Plan (PEHCSP) is established to help defray the cost of medical expenses and health insurance premiums for employees, spouses and dependents after the employee leaves employment with the City of Brooklyn Center. Participation Eligibility Regular full-time benefit earning employees may have contributions made on their behalf into the PEHCSP. Participants must be 21 years of age or older. Unless noted otherwise in this policy, the minimum period of service required to participate in the plan is 60 days. Every eligible employee in an employee group is required to participate in the PEHS CP for their group as outlined in this applicable labor agreement. 2.PEHCSP Contributions When appropriate, each employee will have an account established in his or her name. Unless specifically noted otherwise, contributions (and earnings) to an employee's PEHCSP account are not taxable income. 3.Accessing Funds a.Employees may access the funds in their PEHCSP account when they are eligible to retire under the Public Employees Retirement Association's (PERA) rules. b.Unless prohibited by the IRS, employees leaving employment with the City prior to being eligible for retirement through PERA, for the reasons noted below, may make withdrawals on a tax-free basis for eligible health-related expenses. • Upon termination of employment. • If employee is collecting a disability. • If employee is on a medical leave (six months or longer) • If employee is on a leave of absence (one year or longer). • If the employee returns to work and is earning medical benefits, they are no longer eligible to make withdrawals from their PEHCSP account. The IRS does not allow these funds to be rolled into any other type of plan, including an IRA. C. Access following death. The surviving spouse and eligible dependents continue to access the account for eligible expense reimbursements until the PEHCSP account is exhausted. Such reimbursements are not taxable. Unless prohibited by the IRS, reimbursements may also be made to a beneficiary other than a surviving spouse or eligible dependent. However, such reimbursements would be taxable to the recipient. 14 4. Eligible Expenses Reimbursed by Plan Funds in a PEHCSP account may be used to reimburse: 1.Insurance premiums (health insurance premiums, Medicare supplemental insurance premiums, Medicare Part B insurance premiums, COBRA and Chapter 488 insurance premiums, long term care insurance premiums (not long term care expenses), and dental insurance premiums. 2.Most qualifying medical expenses as defined in Internal Revenue Code Section 213 (i.e. medical costs that would otherwise be deductible to the employee on his or her individual income tax return). A third-party claims administrator will handle claims administration. 5. No Opt-out Employees and retirees in groups covered by the PEHCSP program are not permitted to opt-out of the program. Participation is mandatory. 6.Program Administration Along with the Human Resources Division, the company selected will administer the PEHCSP program. The employee controls how the money is invested similar to the section 457 deferred compensation plan. The employee receives an account statement from the company for his or her PEHCSP account. 7.Administrative Fees Please contact the vendor selected for current administrative and mutual fund fees. 8. Plan Modifications The details of the Vendor's administration of the PEHCSP as well as other features of the plan are set forth in the PEHCSP materials as provided. These details and IRS regulations regarding the PEHCSP may be revised, necessitating the revision to this policy or other agreements between employee groups and the City. The City reserves the right to modify its policy to comply with any other regulations regarding the plan and to add contribution requirements. 9. Contribution Formulas 1.No contribution formulas currently. 2.Severance Pay. No severance contributions currently elected. 15 ARTICLE 35- Duration This Agreement shall be effective as of January 1, 2015, and shall remain in full force and effect until the 31st day of December 2016. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _______ day of 2014. FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, Business Manager Union Steward Union Steward FOR THE CITY OF BROOKLYN CENTER Mayor Business Representative Union Steward City Manager 16 City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM DATE: October 20, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Proclamation Declaring October 27, 2014, to be Designated as Random Acts of Kindness Day Recommendation: It is recommended that the City Council consider adoption of a Proclamation Declaring October 27, 2014, to be Designated as Random Acts of Kindness Day. Background: The City of Brooklyn Center has celebrated Random Acts of Kindness since 1997. Each year the nominees are recognized by the City Council at its second meeting in October. The attached proclamation encourages residents to celebrate Random Acts of Kindness. 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 PROCLAMATION DECLARING OCTOBER 27, 2014, TO BE DESIGNATED AS RAND OM A CTS OF KINDNESS DAY WHEREAS, Random Acts of Kindness are the expression of our empathy and compassion for one another; and WHEREAS, the daily acts of kindness of most of the citizens of Brooklyn Center often go unrecognized; and WHEREAS, by recognizing these daily acts of kindness, all citizens of Brooklyn Center will • become more aware of the importance of being kind to others throughout the year; and WHEREAS, the City of Brooklyn Center celebrated the first Random Acts of Kindness in 1997, and is celebrating its 18th Annual Random Acts of Kindness by encouraging schools, employees, and community groups to participate in Random Acts of Kindness. NOW THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim October 27, 2014, to be Random Acts of Kindness Day and urge all residents of the City of Brooklyn Center to join in celebrating and performing Random Acts of Kindness. October 27, 2014 Date Mayor Council Members ATTEST: City Clerk City Council Agenda Item No. 7b COUNCIL ITEM MEMORANDUM DATE: October 20, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Random Acts of Kindness Presentation of Recognition and Certificate Ceremony Recommendation: It is recommended that the City Council Members alternately read nominations received for Random Acts of Kindness while Mayor Willson presents the recognition certificate to the nominee. Background: Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness during the month of October. An article seeking nominations was printed in the fall 2014 edition of the resident newsletter City Watch, as well as in the Brooklyn Center Sun-Post. Random Acts of Kindness nomination forms were made available at the customer service counters at the Community Center and City Hall, and a letter was sent out to community organizations. Information about Random Acts of Kindness and a nomination form was available on the City's web site. Attached are copies of the 17 nominations received this year. A letter was sent to the nominees who were identified (and carbon copied to the nominator) inviting them to participate in the Random Acts of Kindness recognition at the City Council meeting to be held October 27, 2014, at 7 p.m. A copy of the letter sent on behalf of the City Council is attached. Those persons attending the recognition will receive their certificates at the meeting. The certificates will be mailed to those nominees who are unable to attend the meeting. Budget Issues: There are no budget issues to consider. JVlissioi,: Ensuring an attractive, clean, safe community that enhances the quality of//fe aizdpieserves the public trust [i[i1IJ[iJ i V V IhY4 IA I Dk'4 (I) 1I WJh I Nominee Nominated by Bill Miller Jean Beales Walter Horstman Jane Oliver Daniel Geiger Bee Yang Family Diane Sannes Pat Swanson, Brooklyn United Methodist Church Diane Saimes Phil and Carole Nelson, AGAPE Food Distribution Diane Sannes Principal Todd Tischer, Garden City Elementary School Superintendent Kate McGuire, Osseo ISD No. 279 Diane Sannes Dana Anderson, Cub Foods Darryl Sannes Steve DeWenter, Restaurant Depot Darryl Sannes Vino Ambrose, The UPS Store Darryl Saimes Maria Isabel Ambriz-Espinoza Linda Hanka Perpetua Jones Linda Hanka Kate Hauer, Mobile Loaves & Fishes Craig Housworth, New Life Church of Woodbury Linda Hanka Diane Sannes Linda Hanka Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust 4P ;wm 0" •11 00 ow +NJ 0 F oil /- -- ------- ac CITY OF A GREAT PLACE TO START, A GREAT PLACE TO STAY www.cityofbrooklyncenter.org ( September 29, 2014 Nominee's Name Nominee's Address Dear Nominee: Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. Again this year the City Council has received nominations to recognize Brooklyn Center residents and groups who have performed random acts of kindness that help make our community a wonderful place to live and work. Congratulations! You have been nominated for Random Acts of Kindness and will be recognized by the Mayor and Council Members during their City Council meeting on Monday, October 27, 2014. The City Council meeting starts at 7 p.m. and is held at Brooklyn Center City Hall in the Council Chambers, 6301 Shingle Creek Parkway, Brooklyn Center. Your presence would be greatly appreciated. Enclosed is a copy of the nomination. C If you have any questions, please contact City Clerk Sharon Knutson at 763-569-3306. Sincerely, Tim Willson, Mayor Carol Kieven, Council Member Kris Lawrence-Anderson, Council Member Lin Myszkowski, Council Member Dan Ryan, Council Member Enclosure cc: Nominator (w/o enclosure) City Hall Community Center Police & Fire Departments 6301 Shingle Creek Parkway 6301 Shingle Creek Parkway 6645 Humboldt Avenue North Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-1853 763.569.3300 - Fax: 763.569,3494 763.569.3400 Fax: 763.569.3434 763.569.3333. Fax: 763.561.0717 City of Brooklyn Center Random Acts of Kindness Nomination Form A Nominator may nominate lip to four (4) Nominees. Nominator Name: Street Address: City, State, Zip Code: Email: Telephone: Nominee Individual OR Organization or Group Individual's Name:Name of Organization or Group: Street Address:Street Address: City, State, Zip Code:City, State, Zip Code: Email:Email: Telephone:Telephone: Brief summary of kind act - a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate letter) Return Nomination Form BY SEPTEMBER 25, 2014, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Random Acts of Kindness ,IL Since 1997, the City of Brooklyn Center has celebrated Random Acts of Kindness. In Octobe'r the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected - done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed a random act of kindness over the past year. You may send a card or letter, or drawings or photographs of people performing kind acts, or use the City's nomination form on the reverse side of this page. You may submit up to four nominations. All Random Acts of Kindness nominees are recognized by the City Council during an October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted" -Aesop What is a Random Act of Kindness? Most people try to fulfill obligations in life like doing their fair share of chores and supporting and comforting their families and friends - but these deeds are expected of us. When we make the extra effort of being kind when we aren't expected or required to and surprise someone, including ourselves - this is a Random Act of Kindness, a good deed that is truly the embodiment of compassion and caring. Examples of Random Acts of Kindness e Walk a neighbor's dog • Donate your time to perform lawn services for the elderly or disabled • Collect soda can tabs for recycling and give the proceeds to the Ronald McDonald house • Feed a stranger's expired parking meter • Donate to a food shelf or clothing shelter • Photograph someone being kind to another • Read to a child • Donate books to a daycare or school • Tutor a student • Be a Safety Patrol and help kids get to and from school safely • Pick up litter (Adopt-A-Street or • Collect mittens or socks and give to those in need • Care for the sick • Volunteer in the community (schools, hospitals, churches, etc.) • Plant a tree • Visit someone in the hospital • Bake a hot dish for someone who just returned from the hospital • Pick up the mail for a senior citizen on your block each day • Adopt a homeless pet at the Animal Humane Society • Donate time at a senior center • Clean graffiti from neighborhood walls and buildings • Transport someone who can't drive Park) IiitiurnvTtiu1 TLsir Presentation of Recognition and Certificate Ceremony 1.City Council read nominations received for Random Acts of Kindness 2.Certificates issued to those nominees present The following form was submitted via your website: Random Acts of Kindness Online Nomination Form Nominator Name:: Jean Beales Address:: 736 Woodbine Lane City:: Brooklyn Center State: : MN Zip:: 55430 Daytime Phone Number:: 763-561-9753 Email Address:: bealesjean@yahoo.com NOMINEE Individual, Group, or Organization Being Nominated:: Bill Miller Nominee Address:: 730 Woodbine Lane City:: Brooklyn Center State:: IYIIN Zip Code:: 55430 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: Even though Bill is handicapped he is always eager to snowbiow his neighbors driveways. His hard work has been appreciated many times my me and Fm sure others. I know he loves snow, so he uses that as his excuse to do good. Additional Information: Form submitted on: 8/15/2014 2:21:37 PM R.ECEIVED City of Brooklyn Center SEP 05 2014 -Random Acts of Kindness Nomination FormA Nominator may nominate up to four (4) Nominees. Nominator Name: Street Address: Ll 3 City, State, Zip Code: Email: Telephone:(( g Nominee - Individual OR Organization or Group Individual's Name: -JE Name of Organization or Group: w A-Lr-i L-ro Street Address: Street Address: City, State, Zip Code: City, State, Zip Code: Email: '- Email: Telephone: 7ç3 ç Telephone: Brief summary of kind act - a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate letter) CS w &4 -- v4- ci-s kLi- 3d (e-NOcç &J -c-( '- €/±L-3 v Return Nomination Form BY SEPTEMBER 25, 2014, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. The following form was submitted via your website: Random Acts of Kindness Online Nomination Form Nominator Name:: diane sannes Address:: 7006 willow Lane City:: BC State: : MN Zip:: 55430 Daytime Phone Number:: Email Address:: makendmeet@aol.com NOMINEE Individual, Group, or Organization Being Nominated:: The Bee Yang Family Nominee Address:: 7224 Major Ave N City:: BC State:: MN Zip Code:: 55429 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: Farmer and BC Farmers Market vendor-- Bee Yang and family donated over 1000# of Fresh produce to the local Garden Gleaning Project. These Locally grown vegies-found their way to the supper tables of many many families in Need Additional Information: Form submitted on: 9/25/2014 12:12:41 AM 1 4 C I NwIll $'fMj; •.*:.* 4 i r.1 - -T The following form was submitted via your website: Random Acts of Kindness Online Nomination Form Nominator Name:: diane sannes Address:: 7006 Willow Lane City:: BC State: : IVIN Zip:: 55430 Daytime Phone Number:: Email Address:: makendmeet@aol.com NOMINEE Individual, Group, or Organization Being Nominated:: Brooklyn United Methodist Church and Pat Swanson for the Summer Sunny and Loaves and Fishes Noon Meal Program Nominee Address:: 7200 Brooklyn Blvd City:: BC State:: MN Zip Code:: 55429 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: Over 7600 lunch meals were served to Families this summer at Brk United Methodist Church in Brk Ctr Young and old enjoyed the FREE Meal and fellowship. Thanks to all the volunteers for assisting with this meal program and helping so many!!! Additional Information: Form submitted on: 9/25/2014 12:00:20 AM n \ J ('1 The following form was submitted via your website: Random Acts of Kindness Online Nomination Form Nominator Name:: diane sannes Address:: 7006 willow Lane City:: BC State: : MN Zip:: 55430 Daytime Phone Number:: Email Address:: makendmeet@aol.com NOMINEE Individual, Group, or Organization Being Nominated:: AGAPE Food Distribution Volunteers Phil and Carole Nelson Nominee Address:: 4700 Barbara Ave E City:: Inver Grove Heights State:: MN Zip Code:: 55077 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: For Several years Phil and Carole Nelson drive from their home in Inver Grove Heights, to Brk Ctr to assist with the Agape Food Distribution--They work SO hard and Always stay till everything is Cleaned up-They are a Great Gift to our Community - Thank You Additional Information: Form submitted on: 9/24/2014 11:49:51 PM 4 t 1 ) AlA oil ZI!it tllfl;! t. V.- The following form was submitted via your website: Random Acts Of Kindness Online Nomination Form Nominator Name:: Diane Sannes Address:: 7006 Willow Lane City:: Brk Ctr State: : IVIN Zip:: 55430 Daytime Phone Number:: Email Address:: makendmeet@aol.com NOMINEE Individual, Group, or Organization Being Nominated:: Principal Todd Tischer Superintendent --Osseo School District #279 Kate McGuire Nominee Address:: 11200 93rd ave n City:: Maple Grove State:: MN Zip Code:: 55369 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: As Principal for 8 years of Garden City Elementary, a District 279 Osseo School in Brooklyn Center, Todd Tischer helped shaped the Promising Future for hundreds of students living in Brooklyn Center. We are grateful to Mr Tischer and to Osseo Superintendent Kate Maguire for her Leadership in making Each Student in the Osseo District a Priority in Being the Best they can Be.Thank you both! Additional Information: Form submitted on: 9/25/2014 10:51:27 AM W-W IIH ITI The following form was submitted via your website: Random Acts of Kindness Online Nomination Form Nominator Name:: Darryl Sannes Address:: 7006 Willow Lane City:: Brk Ctr State: : MN Zip:: 55430 Daytime Phone Number:: Email Address:: dalTyl73(2iJaol.com NOMINEE Individual, Group, or Organization Being Nominated:: Manager of the BC CUB Dana Anderson and his amazing Staff!! Nominee Address:: 3245 Cty Road #10 City:: Brk Ctr ( State:: MN Zip Code:: 55429 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: CUB == Community Dana and his Staff worked to donate over 3 tons of FOOD to Local Food Shelf s in Brk Ctr-- Which Included over 17,000 # of fresh Produce. Thanks for helping those in Need in Brk Ctr to get Fresh food for their families Additional Information: Form submitted on: 9/25/2014 11:27:13 AM VLf:::,,Wr 'I. J "' ,qqv 'wiivItf Ak II. W I'4. Api The following form was submitted via your website: Random Acts of Kindness Online Nomination Form Nominator Name:: Darryl Sannes Address:: 7006 Willow Lane City:: Brk Ctr State: : MN Zip:: 55430 Daytime Phone Number:: Email Address:: da1Tyl73@ao1.com NOMINEE Individual, Group, or Organization Being Nominated:: Restaurant Depot Manager Steve DeWenter and Asstt Manager DeAnna Rodriguez Nominee Address:: 5925 Earle Brown Drive City:: Brk Ctr State:: MN Zip Code:: 55430 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: Restaurant Depot Opened for Business in Brk Ctr in Dec 2013 and stepped right to the plate in Giving back to the Community and has already Donated over $7000 of FOOD to local Food Programs and to those in Need in BC -Welcome and Thank You! Additional Information: Form submitted on: 9/25/20 14 12:45:48 PM II" L I - The following form was submitted via your website: Random Acts of Kindness Online Nomination Form Nominator Name:: Darryl Sannes Address:: 7006 Willow Lane City:: Brk Ctr State: : MN Zip:: 55430 Daytime Phone Number:: Email Address:: darryl73@aol.com NOMINEE Individual, Group, or Organization Being Nominated:: Vino Ambrose Owner The UPS Store of Brooklyn Center Nominee Address:: 6066 Shingle Creek Parkway City:: Brk Ctr State:: MN Zip Code:: 55430 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: Vino Ambrose is the New owner of The BC UPS Store She showed a huge Act of Kindness for residents of Brk Ctr when she provided a FREE paper shredding truck to be at the April 26, 2014 BC EarthFest event and tons of paper was recycled. Thank You Vino and your staff! Additional Information: Form submitted on: 9/25/2014 11:59:15 AM cm j . The UPS Stoid Al: • I r1cPapaISwatGhS o ____ • ( VI - an SECURE S, _& The following form was submitted via your website: Random Acts of Kindness Online Nomination Form Nominator Name:: Linda Hanka Address:: 5517 James Ave. No. City:: Brooklyn Center State: : MN. Zip:: 55430 Daytime Phone Number:: 763-560-2583 Email Address:: thanka@brookcntr.kl2.mn.us NOMINEE Individual, Group, or Organization Being Nominated:: Maria Isabel Ambriz- Espinoza Nominee Address:: 1121 67th Av. No. Apt. #303 City:: Brooklyn Center State:: I\'IN Zip Code:: 55430 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: Maria is a young wife and mother of 3 active preschoolers. She is so full of life, and is always watching for ways she can contribute to making our community a better place. Last winter, she volunteered to teach a class at the Community Corner. Being of Hispanic heritage, she wanted to teach families how to make their own pinata. Parents and their children were invited to attend for 2 hours, one evening a week for 8 weeks. What a fun way for families to interract during the long and gruelling winter! Maria also facilitates a Women's Empow-Her group at the Community Corner, for Spanish speakers in the community;free of charge. Maria has reached out to so many women in B.C. and has espcially contributed to Spanish speaking women, enabling them to be more involved with their children's schools and the Brooklyn Center Community at large. Additional Information: Form submitted on: 9/25/2014 1:51:45 PM The following form was submitted via your website: Random Acts of Kindness Online Nomination Form Nominator Name:: Linda Hanka, Community Corner Coordinator Address:: 1500 69th ay. no. City:: Brooklyn Center State: : MN Zip:: 55430 Daytime Phone Number:: 763-561-2481 Email Address:: lhanka@brookcntr.kl.mn.us NOMINEE Individual, Group, or Organization Being Nominated:: Perpetua Jones Nominee Address:: 6920 Humboldt No. #208 City:: Brooklyn Center State:: MN Zip Code:: 55430 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: Perpetua is a bright light in her neighborhood! She has touched so many people with her positive and upbeat view of life; but i want to share one incident that happened this past summer. We had received a large donation of children's books, to be given to families who came into the Community Corner for programs and sevices. Perpetua came in and selected a book for each of her 4 children, then asked me if she could take some for other children living at her apartment complex. I told her to help herself, and take as books as she thought that she could find a child that would enjoy them! She was thrilled, and went out with armloads of books to share with her neighbors. Over the weekend, she took all of those books out onto the lawn at her building, and began handing out books. There were children of every age; wee ones, middle-schoolers, and even teens came to check it out! Perpetua asked older kids to sit down with younger ones, and read to them, and and every child went home with a book of their own! There were 30 children that came that day, and whenever they see Perpetua, they ask when they can do the book club again! Additional Information: Form submitted on: 9/25/2014 2:18:10 PM -a--. t ' \ ..,-.. - J - -:•.--- • •-:- /•' 1: / • i -ii - -_i_ _•__; •,S- f A - --- I - I S .: The following form was submitted via your website: Random Acts of Kindness Online Nomination Form Nominator Name:: Linda Hanka Community Corner Coordinator Address:: 1500 69th Ave. No. City:: Brooklyn Center State: : MN Zip:: 55430 Daytime Phone Number:: 763-561-2481 Email Address:: lhanka@brookcntr.kl2.mn.us NOMINEE Individual, Group, or Organization Being Nominated:: Mobile Loaves and Fishes attn. Kate Hauer and New Life Church of Woodbury, attn. Craig Housworth Nominee Address:: 4537 3rd Ave. So. City:: Mpls. State:: MN Zip Code:: 55419 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: Mobile Loaves and Fishes has been serving our Brooklyn Center Community monthly for more than 2 years. Volunteers from this organization come out to Georgetown Park Apartments on the the 4th Sunday of each month bringing a hot meal, basic clothing, and hygiene products to struggling families who live in Brooklyn Center. Volunteers come each time, with love and encourgement to spare, and approximately 100 people each month benefit from their generosity Additional Information: Form submitted on: 9/25/2014 3:04:41 PM The following form was submitted via your website: Random Acts of Kindness Online Nomination Form Nominator Name:: Linda Hanka Community Corner Coordinator Address:: 1500 69th Ave. No. City:: Brooklkyn Center State: : MN. Zip:: 55430 Daytime Phone Number:: 763-5612481 Email Address:: lhanka@brookcntr.kl.mn.us NOMINEE Individual, Group, or Organization Being Nominated:: Diane Sannes Nominee Address:: I do not know Diane's address City:: Brooklyn Center State:: MN Zip Code:: 55430 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: She has contributed more to the good things that happen in Brooklyn Center than anyone else I know! She was the driving force behind the placement of all of the lovely new bus shelters that have been placed here in B.C. in the past year or so, and she worked diligently to bring Mobile Loaves and Fishes to Brooklyn Center. She organized the community gardens in Brooklyn Center 4 years ago, and families that live near the Community Corner have enjoyed having their own garden plot! She has been the co-organizer of the Brooklyn Center Earthfest for the past several years.. giving hours and hours of her time and energy to this cause. She is an active member of the B.C. Historical Society, and the Friends of the Library. I couldn't possibly name all of the wonderful things that Diane adds to this community, and she still finds time to visit an elderly neighbor daily to check on her and see how she is! Diane is constantly finding ways to make BC a better place! Additional Information: Form submitted on: 9/25/2014 3:29:07 PM ft ", II9 - ___ 1*•4 __ I rr ) 4 aw-dropWAW- nais 4 II fr' 4g t ____ J'!iP City Council Agenda Item No. 9a COUNCIL ITEM MEMORANDUM DATE: October 27, 2014 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2014-015, submitted by the City of Brooklyn Center for Special Use Permit to allow the Grading and Placement of Fill Material in the Floodway District, located in Centennial Park (6301 Shingle Creek Parkway) Recommendation: It is recommended the City Council, following consideration of this item, adopts the Resolution regarding the disposition of Planning Commission Application No. 2014-015, submitted by the City of Brooklyn Center for Special Use Permit to allow the grading and placement of fill material in the Floodway District, located in Centennial Park, 6301 Shingle Creek Parkway. Background: On October 16, 2014, the Planning Commission reviewed Planning Commission Application No. 2014-015, submitted by the City of Brooklyn Center for a special use permit, which would allow the city to grade and place fill material in the Floodway District in the Shingle Creek corridor. This fill material will be used to provide a small, low-lying berm along the outer perimeter of the softball fields located in Centennial Park. The berm is meant to reduce or alleviate flood-water damage to the fields in early spring or during high-water events from adjacent Shingle Creek. At the October 16th meeting, this item was presented before the Planning Commission under a public hearing. The Commission received comments from one resident located on Brooklyn Drive (which are noted in the attached minutes). Upon closing the public hearing and further discussion with city staff, the Planning Commission moved to adopt Planning Commission Resolution No. 2014-16, which provides a favorable and unanimous recommendation of this special use permit. Excerpt minutes from this October 16, 2014 Planning Commission meeting as related to this matter are also attached for the Council's review. Budget Issues: There are no budget issues to consider. Strategic Priorities: o Community Image IUisslo,,: Ensiiriizg an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-015 SUBMITTED BY THE CITY OF BROOKLYN CENTER, MINNESOTA FOR SPECIAL USE PERMIT TO ALLOW THE GRADING AND PLACEMENT OF FILL MATERIAL IN THE FLOODWAY DISTRICT, LOCATED IN CENTENNIAL PARK AT 6301 SHINGLE CREEK PARKWAY WHEREAS, the City of Brooklyn Center, Minnesota ("City") and pursuant to City Code Section City Code Section 35-2140, Subpart 3.f, has submitted Planning Commission Application No. 2014-015, requesting a Special Use Permit to allow the grading and placement of fill material in the Floodway District of Centennial Park at 6301 Shingle Creek Parkway; and WHEREAS, this area of Centennial Park where the City intends to place this fill material is located in the established Floodway District boundaries identified in the City's own Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps, Map No. 27053CO204-E, dated September 2, 2004, and which area and land uses are subject to City Code Section 35-2140 and all related ordinances under Floodplain Management Section 35-2100; and WHEREAS, this special use permit would authorize the City to place fill material necessary for the installation of a low-lying, 3-foot wide earthen berm within the open space area between the Shingle Creek waterway channel and the Centennial Park softball fields, for the expressed purposes of a low-level flood protection berm system, to help reduce or alleviate flood water damage to these public recreational ball fields and area; and WHEREAS, as required by City Code Section 35-2190; Subpart 4.b, the City has officially notified the Commissioner of the Department of Natural Resources of this proposed berm project, and no comments or objections have been received by the Commissioner or his representatives; and WHEREAS, on October 16, 2014, the Planning Commission held a duly called public hearing, whereby a staff report and public testimony regarding the special use permit were received and noted for the record; and WHEREAS, the Planning Commission considered the Special Use Permit request, and in light of all testimony received, and reviewing and considering the guidelines and standards for evaluating this special use permit as contained in City Code Section 35-2190; Subpart 4.d, that this special use permit meets the general standards and factors for issuing or approving said special use permit, and generally complies with the goals and objectives of the City's 2030 Comprehensive Plan; and RESOLUTION NO. WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 2014-16, which provides a favorable and unanimous recommendation to the City Council that Planning Application No. 2014-0 15, the special use permit submitted by the City of Brooklyn Center, Minnesota, is approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Special Use Permit to allow the grading and placement of fill material for a flood-protection berm in the Floodway District of Centennial Park, located at 6301 Shingle Creek Parkway, is hereby approved subject to the following conditions: 1.Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 2.The areas of disturbance in and around the berm area shall be restored to its pre-existing natural environment, and the berm shall be provided with approved vegetative cover to ensure stability and prevent erosion of fill material into Shingle Creek. 3.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the Engineering Department. 4.An as-built survey must be completed upon installation of the new berm, and the Special Use Permit must be title registered with the property in the Office of the County Recorder. October 27, 2014 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. D * R * A * F * T MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA OCTOBER 16, 2014 CALL TO ORDER The Planning Commission meeting was called to order by Chair Burfeind at 7:00 p.m. ROLL CALL Chair Scott Burfeind, Commissioners Randy Christensen, Benjamin Freedman, Katy Harstad, Stephen Schoiming, Rochelle Sweeney and Carlos Morgan, were all present. Also present was Director of Business & Development Gary Eitel; and Secretary to the Planning Commission/City Planner Tim Benetti. CHAIR'S EXPLANATION Chair Burfeind explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPROVAL OF MINUTES - SEPTEMBER 11, 2014 There was a motion by Commissioner Christensen, seconded by Commissioner Schotming to approve the minutes of the September 11, 2014 meeting as submitted. The motion passed. APPLICATION NO. 2014-015 CITY OF BROOKLYN CENTER SPECIAL USE PERMIT (PUBLIC HEARING) Chair Burfeind introduced Planning Application No. 2014-015, consideration of a request from the City of Brooklyn Center of a Special Use Permit to allow for the grading and placement of fill material within the established Floodway District along Shingle Creek (see Planning Commission Report dated October 16, 2014 regarding this item). Chair Burfeind requested Secretary/City Planner Benetti to present his report. Benetti provided a PowerPoint presentation, which included information the City of Brooklyn Center is requesting consideration and approval of a Special Use Permit to allow for the grading and placement of fill material within the established Floodway District along Shingle Creek. This fill will be used to install a new flood-protection berm between Shingle Creek and the softball fields within Centennial Park. This request is made pursuant to City Code Section 35- 2 140, Subpart 3.f. Benetti provided maps and illustrations which identified the project site location generally west of the City Hall/Community Center, and immediately east of the Shingle Creek waterway channel. Benetti stated the City intends to install a low-level (6" to 1-ft. high) floodway berm, approximately 3-ft. wide on top with a 3:1 slope off each side. The berm will be installed along ( PC Minutes - 10-16-14 Page 1 of D*R*A*F*T the outer perimeter (fence-line) of the fields. The berm is intended to alleviate flooding of the fields during the spring melt-off periods and occasional high water levels experienced from the adjacent Shingle Creek water corridor. Benetti stated that due to the location and natural waterway of Shingle Creek, most of Centennial Park and the surrounding city-owned lands are subject to a large floodplain boundary overlay. A large portion of the park and majority of the ball fields are covered under the established (mapped) floodplain boundaries of the city. Benetti further stated these floodplain boundaries are determined and established under the city's Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps, dated September 2, 2004. Benetti provided information and detailed mapping regarding City Code Section 35-2100, the city's Flood Plain Management section, in which the city identifies three separate floodplain boundaries: 1) Floodway District; 2) Flood Fringe District; and 3) General Flood Plain District. Benetti stated the Floodway Districts are typically area(s) immediately adjacent to a natural waterway feature, and are subject to periodic flooding and retention of excess water caused by large rainfall events and/or spring ice/snow melts in the region; while the Flood Fringe is commonly referred to as the 100-year floodplain and the general floodplain district is referred to as the 500-year floodplain district. Benetti provided an overhead map that shows the location of these various floodplain boundaries in this project area. Benetti then stated that any floodway special uses are subject to the procedures and standards contained in Section 35-2190.4 of City Code, and includes the following standards: 1)The danger to life and property due to increased flood heights or velocities caused by encroachments. 2)The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. 3,) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. 4)The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 5)The importance of the services provided by the proposed facility to the community. 6) The requirements of the facility for a wateifront location. 7,) The availability of alternative locations not subject to flooding for the proposed use. 8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. PC Minutes - 10-16-14 Page 2 of 7 D*R*A*F*T 9)The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. 10)The safety of access to the property in times offlood for ordinary and emergency vehicles. 11)The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. 12)Such other factors which are relevant to the puiposes of this Ordinance. Benetti stated the 10-16-14 planning report provides a response or analysis to each of these standards, and will avail himself to any questions, comments or concerns to these standards or responses. Benetti concluded his initial presentation by asking for any questions from the Commission. Chair Burfeind called for comments or questions from the Commission to city staff. Commissioner Schoiming requested clarification or explanation of the impact of the berm in this area. Benetti responded the berm is meant to be a very low-level, berm along this area; which is intended to alleviate but not entirely prevent flooding in this area. The berm will help reduce or hold back floodwaters during certain periods of the year, and the berm will be hardly noticeable once it has been installed. ( Commissioner Freedman asked if dredging the creek or other work in this channel way would be an alternative instead of the berm - and stated his concern with the soggy areas along the trail system to the south of the fields. Benetti replied dredging would impact too much of the Shingle Creek waterway, and local governing agencies tend to seek out those alternatives that cause less disturbance or reduce the impacts upon water features as much as possible. This berm is considered a minimal impact project. Benetti further stated he was unaware of the soggy trail situation, and would discuss or pass on to the city engineers Mr. Freedman's concerns. Commissioner Christensen stated he thought the berm was actually a 3-foot high berm, but is now clear and reassured after the presentation that this is not the case. Mr. Christensen asked if water running off the fields would be impacted by the berm, in essence would it be stopped or prevented from draining back into the creek area, which is where it probably should go. Benetti stated that the berm will likely prevent water from leaving the channel area and flowing over and inundating the adjacent fields. Rainwater and standing water areas will hopefully drain naturally down into the ground, or if it is carried away toward the berm, there should be enough space to capture drainage between the fields and the berm. Benetti also stated that due to the high groundwater table in this area, drainage will undoubtedly be impacted or slowed, and this berm may help prevent any high water events from the Shingle Creek waterway. PC Minutes - 10-16-14 Page 3 of 7 D * R * A * F * T Director Gary Eitel stated that the city looked at installing a tile system and brought in sump- pumps to drain these fields on multiple occasions. This berm will be the first step in providing some type of permanent measure to help reduce flooding in this area. Commissioner Christensen then asked has flooding happened enough for the city to justify the costs or needs of this project. Mr. Eitel responded that the local Dudley Softball Tournament has been impacted the last 3 years and probably more due to flooding or water damaged fields. The tournament has been postponed, canceled or moved to different locations due to this flooding, which affects our local economy. The costs of fixing or pumping the fields every year will help save costs or staff time. Commissioner Christensen then asked if it were possible for the city to adjust the floodplain boundaries as part of this project. Benetti replied that in some cases, individual homeowners can request their own properties be taken out or exempted from the FEMA established floodplains, but the process is not cheap and requires a licensed surveyor or civil engineer to provide a floodplain elevation certificate and a request to FEMA for a letter of map amendment (LOMA) requesting a structure or the lot to be exempted from a floodplain. Benetti further stated in some case, if a local government unit (LGU) believed a localized area or large segment of a neighborhood was included in a floodplain area and could be removed, the city could submit to FEMA a similar letter of map change (LOMC), and essentially exempt out the targeted area, instead of a single property. To do this may require a lot of time and expense on the city - and would be a policy decision or directive from the LGU's governing body. Commissioner Morgan asked what the policy would be or how much money would it take to take the city out of a floodplain. Benetti replied he is unable to give an exact dollar figure at this time; and the policy issue was simply a general statement that would need to come from the city council. Commissioner Freedman then asked if this project complies with the Clean Water Act; and if the fill material to be brought in for the berm will be suitable or not impact this Shingle Creek water feature. Benetti stated the specifics and nature of this berm installation is being worked out between our city engineers the Shingle Creek Watershed engineers and professionals. Staff does not believe this berm has any impact or interferes with the Clean Water Act or its priority in keeping and maintaining the nation's waterways. Benetti stated that if this berm were to negatively affect or impact this area, the Shingle Creek Watershed and Dept. of Natural Resources personnel would likely have objected and stopped the project from coming forward. City engineers will ensure the berm is constructed with suitable materials and reestablished upon installation. With no further comments, Chair Burfeind requested a motion to open the public hearing. PC Minutes - 10-16-14 Page 4 of 7 D * R * A * F * T PUBLIC HEARING —APPLICATION NO. 2014-015 There was a motion by Commissioner Morgan, seconded by Commissioner Christensen to open the public hearing. The motion passed unanimously. Chair Burfeind called for comments from the public. Mr. Jim McClure of 6318 Brooklyn Drive appeared, and stated that he agrees the Dudley Tournament is a big event for the city, and wants to see that it held each year for the good of the city. He is however, concerned with higher water or having this new berm "push" the water onto his land. Mr. McClure asked if the city [engineers] would come over to his house and sandbag when it floods. Mr. McClure also voiced his concerns with the soggy areas along the trails, and suggested the trails may have sunk lower as well and never drains. Mr. McClure also suggested dredging the creek as an alternative. Mr. McClure also asked who is funding the project, and will he need to buy flood insurance after this berm goes in. Mr. McClure summed up by stating "...the city has a Cadillac of a park; not sure if we treat it that way"; and he urged the Commission to use caution in allowing this project. Chair Burfeind thanked Mr. McClure for his comments, and asked if there were any other persons wishing to come forward to address this issue. There were no other persons present or public comments received. MOTION CLOSE PUBLIC HEARING There was a motion by Commissioner Christensen, seconded by Commissioner Schonning to close the public hearing. The motion passed unanimously. Chair Burfeind called for further discussion or questions from the Commissioners. Hearing none, Chair Burfeind called for a motion on the proposed resolution presented to the Planning Commission. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2014-16 A RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-015 SUBMITTED BY THE CITY OF BROOKLYN CENTER, MINNESOTA FOR SPECIAL USE PERMIT TO ALLOW THE GRADING AND PLACEMENT OF FILL MATERIAL IN THE FLOODWAY DISTRICT, LOCATED IN CENTENNIAL PARK AT 6301 SHINGLE CREEK PARKWAY There was a motion by Commissioner Harstad, seconded by Commissioner Sweeney to approve Planning Commission Resolution No. 2014-16 as presented, with certain conditions. Voting in favor: Chair Burfeind, Commissioners Freedman, Harstad, Morgan, Schonning, Harstad and Sweeney. And the following voted against the same: None The motion passed unanimously. PC Minutes - 10-16-14 Page 5 of 7 D*R*A*F*T The Council will consider the application at its October 27, 2014 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. DISCUSSION ITEMS Mr. Benetti presented the City's Community Development Activities & Projects Map 2014, and highlighted Map Area No. 6 - the I-i Industrial Park Study Area. Benetti requested feedback from the Planning Commission of a possible study to be done by planning staff of the city's Industrial Park area, specifically related to outdoor storage area. Benetti stated that a recent inquiry by a business wanting to relocate to the city included their need to have a dedicated outdoor display area, along with an outdoor storage area. Benetti stated that a number of potential users and agents/property managers have asked for similar outdoor storage spaces for their clients. Under the current I-i (Industrial Park) zone, outdoor storage is not allowed. It is however, allowed under the 1-2 (General Industry) zone. Benetti asked if the Planning Commission wished to have staff research this item and come back with some findings; but also wanted to know if the Commissioners have any initial thoughts, ideas or concerns. Chair Burfeind stated his desire in making sure the existing industrial users or properties are protected; and the city needs to eliminate dissimilar uses if possible. Burfeind continued by stating that a screened in storage area would be acceptable to him, provided it fits nicely in the area and on the site. Commissioner Christensen also felt this outdoor displays and storage areas offers an easier means between other users to work together; especially by having contractors work directly with their wholesaler or suppliers and see what is available. General consensus of the Planning Commission was to authorize the planning staff to begin research on this issue and bring it back for official review in the near future. City staff presented the Brookdale Corporate Center V2 aerial fly-over marketing film-clip http://vimeo.co m/noithstaraerial/brookdale-coMorate-center-scp . The Commissioners were very impressed and stated a number of positive and supportive comments. Planning staff presented an update on the recent acquisition by the City of the former Blind Man Shop at 902 - 53' Avenue North, and the recent purchase agreement with the owners of 6301 Brooklyn Boulevard (former Donald Blum residence); and the new housing project on the former city-owned parcel located at 5919 Xerxes Avenue North. Staff also notified the Commission that four residential properties (5800 Bryant Ave., 5400 Bryant Ave., 5338 Logan Ave. and 5331 Morgan Ave.) all previously acquired and cleared by the City's EDA, have been approved for sale to Novak-Fleck Builders. Novack-Fleck is now planning to have or beginning to construct new 2,200 sf. split-level, single family homes with 3- car attached garages on each lot. PC Minutes- 10-16-14 Page 6 of 7 D * R * A * F * T There were no other discussion items. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Freedman, seconded by Commissioner Sweeney to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:40 p.m. Chair Recorded and transcribed by: Tim Benetti, Secretary to the Planning Commission PC Minutes - 10-16-14 Page 7 of XBRO 1ER Planning Commission Report - AMENDED Meeting Date: October 16, 2014 •Application Filed: 09/23/14 • Review Period (60-day) Deadline: N/A • Extension Declared: N/A • Extended Review Period Deadline: N/A Application No. 2014-015 Applicant: The City of Brooklyn Center Location: 6301 Shingle Creek Parkway Request: Special Use Permit for Grading and Placement of Fill Material in Floodway District of Shingle Creek INTRODUCTION Pursuant to City Code Section 35-2140, Subpart 3.f, the City of Brooklyn Center is requesting consideration and approval of a Special Use Permit to allow for the grading and placement of fill material within the established Floodway District along Shingle Creek. This fill will be used to install a new berm between Shingle Creek and the softball fields within Centennial Park. Review of this special use permit application requires a public hearing. Notices of this hearing were mailed to the adjacent properties within 150-feet of the subject site; along with an official notice to the commissioner of the Department of Natural Resources. BACKGROUND The project site is generally located west of the City Hall/Community Center, and immediately east of the Shingle Creek waterway channel (see location/aerial map below). The city intends to install a low-level (6" to 1-ft. high) floodway berm, approximately 3-ft. wide on top with a 3:1 slope off each side. The berm will be installed along the outer perimeter (fence-line) of the fields. The berm is intended to alleviate flooding of the fields during the spring melt-off periods and occasional high water levels experienced from the adjacent Shingle Creek water corridor. ft 57A 47F,/j , V CENTENNIAL V ) / '/1 , V PARK kit Hall SUP —City of BC PC 10/16/14 Page 1 Due to the location and natural waterway of Shingle Creek, most of Centennial Park and the surrounding city-owned lands are subject to a large floodplain boundary overlay. A large portion of the park and majority of the ball fields are covered under the established (mapped) floodplain boundaries of the city. These floodplain boundaries are determined and established under the city's Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps, dated September 2, 2004. These maps are used to determine potential floodplain impacts to adjacent properties, and regulate certain land uses and development standards within these districts. City Code Section 35-2100 relates to the city's Flood Plain Management section. Within this ordinance, the city has identified three separate floodplain boundaries: 1) Floodway District; 2) Flood Fringe District; and 3) General Flood Plain District. The Floodway District are typically the area(s) immediately adjacent to a natural waterway feature, and are subject to periodic flooding and retention of excess water caused by large rainfall events and/or spring ice/snow melts in the region. This Floodway area is shown in the "red" hatching in the diagram below. The Flood Fringe Districts are those areas typically adjacent to floodways, and are commonly referred to as the "100-Year Floodplain". These flood fringe/100-year areas are typically areas that may incur some flooding events, but are limited to 1% chance of flooding each year or an abnormal rainfall event. This area is shown in purple in the diagram above. The General Floodplain District is commonly referred to as the "500-year floodplain" areas, and are typically adjacent to the Fringe/100-year Floodplains. These areas typically experience flooding or impacts at 0.2% chance in a year or an event. These areas are noted in tan color. SUP —City of BC PC 10/16/14 Page 2 According to the City Engineers, over 20-years ago the ball diamonds and surrounding areas were graded or modeled based on the measured Shingle Creek ordinary water level/elevation of 841.5 feet. Starting from the creek channel and working eastward towards the fields, the slope of this area was intended to be a gradual (and unnoticeable) incline up to the graveled infields. Updated elevation readings however, indicate some areas of the outfield areas have slightly sunk, and are now measuring below this original 841.5-ft. elevation. The berm is meant to provide a small stop-gap measure or structure to temporarily hold back excess floodwaters away from the lower elevated ball diamond areas. Engineering determined the berm would be a much more cost effective and suitable alternative than bringing in large amounts of fill material to raise the levels of the outfield areas. STANDARDS FOR FLOODWAY DISTRICT The standards for the Floodway District are found under City Code Sect. 35-2140. The permitted uses in these areas are fairly limited, from general farming, parking areas, lawns, gardens, and parks and recreational fields. Under this section, the "placement of fill" is only allowed by means of a special use permit. This same section also provides specific "Standards for Floodway Special Uses", which are noted as follows (relevant to this berm project only): 4. Standards for Floodway Special Uses a.All Uses. No structure (temporary or permanen), Jill ('including Jill for roads and levees), deposit, obstruction, storage of materials, or equipment, or other uses may be allowed as a Special Use that will cause any increase in the stage of the 100-year or regional flood or any obstruction of flood flows or increase in flow velocity, or cause an increase in flood damages in the reach or reaches affected. b.All floodway Special Uses shall be subject to the procedures and standards contained in Section 35-2190.4 of this ordinance. C. The special use shall be permissible in the underlying zoning district if one exists. d. Fill 1)Fill, dredge spoil and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. 2)Dredge spoil sites and sand and gravel operations shall not be allowed in floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. 3) As an alternative, and consistent with Subsection 2 immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which SUP —City of BC PC 10/16/14 Page 3 would have caused an increase to the stage of the 100-year or regional flood but only after the City has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available, The Special Use Permit must be title registered with the property in the Office of the County Recorder. g.Structural Works for Flood Control that will change the course, current or cross section ofprotected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 103G. Community-wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. h.A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-year or regionalflood and the technical analysis flu/st assume equal conveyance or storage loss on both sides of a stream. COMPLIANCE FOR STANDARDS FOR SPECIAL USE PERMITS As noted previously, all floodway special uses shall be subject to the procedures and standards contained in Section 35-2190.4 of this ordinance. This specific section/subpart is attached as Exhibit-A to this planning report. The factors however, upon which the decision of the City Council shall be based, are noted as follows: 1)The danger to life and property due to increased flood heights or velocities caused by encroachments. 2)The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. 3)The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. 4)The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 5)The importance of the services provided by the proposed facility to the community. 6)The requirements of the facility for a waterfront location. 7,) The availability of alternative locations not subject to flooding for the proposed use. 8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. SUP —City of BC PC 10/16/14 Page 4 9)The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. 10)The safety of access to the property in times offlood for ordinary and emergency vehicles. 11)The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. 12)Such other factors which are relevant to the purposes of this Ordinance. ANALYSIS & FINDINGS of SPECIAL USE PERMIT As part of the analysis formulated under this special use permit application and report, the following responses and findings to the above-noted factors are being presented for Planning Commission consideration: 1)The danger to life and property due to increased flood heights or velocities caused by encroachments. Response: Staff does not believe the placement of fill to create this small, 3-foot wide flood-protection berm system will create a dangerous situation to life and properties, either upstream or downstream of this Shingle Creek channel system, nor negatively impact the surrounding or immediate properties in this area. There does not appear to be any evidence or findings which may lead to increased flood heights or velocities caused by this fill encroachment. The full engineering and design of this berm structure by the City Engineer will ensure this berm does not create any negative issues or impacts upon completion of this project. 2)The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. Response: Staff does not believe there will be any danger of materials swept downstream or onto other lands, as this project will be properly protected during the installation and construction of the berm by means of silt-fencing and other erosion control measures. Should any materials be accidentally swept away (say during a large rainfall event), the city has resources to immediately address or mitigate the damages or remove any materials or obstructions. The berm will be vegetated with certain plant materials that should help stabilize and maintain the integrity of the berm, including times of high water impacts. 3,) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. Response: This project will have no effect upon the city water supply and/or sanitation systems in the city. 4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. SUP —City of BC PC 10/16/14 Page 5 Response: Staff believes this new flood-berm will help alleviate or reduce flood impacts upon the city owned lands and ball fields. 5)The importance of the services provided by the proposed facility to the community. Response: This new floodplain berm will help alleviate, reduce or prevent the continual flooding and water damaged to these ball diamonds caused almost each year by the spring melt-off and rainfall events typically received or experienced in this area. The fields have consistently been inundated or unplayable for periods of long time, due to the proximity of the creek, the lower field elevations, and high water tables in this area. Flooding has caused the relocation of games and cancellation of the city's annual Dudley Softball Tournament, which is a very prestigious and recognized tournament that attracts many teams throughout the US and other countries. This tournament is an important economic generator for the city; and this berm should help provide added protection measures during the early spring periods, and help keep the fields open and playable for this important recreational event and for the other recreational teams from local residents. The berm will allow city staff to begin spring maintenance and clean-up as needed earlier than normal, and help reduce or eliminate the added costs of restoring or repairing flood damaged areas. 6)The requirements of the facility for a wateifront location. Response: the berm is necessary to be placed along the outer edge of the ball diamond (outfield fence line) and creek channel due to this being the most logical placement of the berm. The berm will provide a small means of diverting the water away from the ball diamonds and redirecting the water back into the creek channel and wetland areas. A large section of open space and wetland area will be unaffected by this berm. 7)The availability of alternative locations not subject to flooding for the proposed use. Response: The shape and outline of the Shingle Creek channel and the sharp bend at this location may contribute to increased flooding impacts in this area. Flood waters typically flow from the north to south, and this water typically jumps the banks at this location and directly impacts these lower elevated play fields. The berm is specifically meant to provide an easier and cost-effective alternative that is not available on this site. As noted previously, the berm is meant to provide a low-lying stop-gap measure or structure to temporarily hold back excess floodwaters near these areas. It was determined that the berm would be a much more cost effective and suitable alternative than brining in large amount of fill material to raise the levels of the outfield areas. 8)The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. Response: the berm is designed to be compatible with the existing use as it will be SUP —City of BC PC 10/16/14 Page 6 placed outside of the useable areas of the ball diamonds, and does not impact any other recreational or passive uses or areas within the park, such as the trails. The development of this site will remain a city park and recreational play field, so no major changes or different land use plans are called for in the foreseeable future. 9)The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. Response: The City's floodplain ordinance provides the procedures and steps the city must follow in order to obtain this special use permit. The City's 2030 Comprehensive Plan identifies certain goals and policy statements that address the city's efforts in dealing with local water and stormwater management practices: Goal 1 To minimize public capital and maintenance expenditures necessary to control excessive volumes and rates for stormwater runoff. Policy 1.1: Preserve existing storage capacities of protected waters, wetlands and natural water courses. Policy 1.5: Implement cost effective and efficient methods of stormwater management to limit public expenditures. Goal 2 To provide a reasonable level of stormwater flood protection within the City of Brooklyn Center to limit potential flood damage. Policy 2.1: Prohibit encroachment that will reduce the storage capacity of floodplains, unless mitigating action is undertaken. Staff believes this new berm meets these goals and complies with these specific policy statements. 10)The safety of access to the properly in times offlood for ordinary and emergency vehicles. Response: Centennial Park has adequate access to most areas of the park. There should be little if any need to access this area where the berm is to be installed, unless there is a need for maintenance or repairs. There should be no impacts or limitations to access by city or emergency vehicles. 11) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site. Response: the City Engineers states the small scale of the berm, once it has been fully vegetated and established upon completion, should have little if any effect upon the expected heights, water velocities or sediment transport caused by this low-level berm. SUP —City of BC PC 10/16/14 Page 7 12) Such other factors which are relevant to the purposes of this Ordinance. Response: Staff believes there are no other factors or issues to comprehend on this project. As part of this public hearing and processing of this special use permit, the City is required to notify the commissioner of the Dept. of Natural Resources. This notice was sent Sept. 25, 2014, which meets (exceeds) the minimum 10-days prior to the public hearing, as required by city ordinance. As of the preparation of this report, no replies or return comments have been received by the DNR commissioner (nor any DNR staff or representative). Provided no comments are received from the commissioner before the public hearing, staff will assume the DNR has no concerns or issues with the city proceeding on this berm/flood- protection project. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 20 15-16, which provides findings and conditions of approval of a Special Use Permit to the City of Brooklyn Center, which would allow the grading and placement of fill to complete a new flood-protection berm in the Floodway District. The conditions are noted as follows: 1.Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 2.The areas of disturbance in and around the berm area shall be restored to its pre- existing natural environment, and the berm shall be provided with approved vegetative cover to ensure stability and prevent erosion of fill material into Shingle Creek. 3.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the Engineering Department. 4.An as-built survey must be completed upon installation of the new berm, and the Special Use Permit must be title registered with the property in the Office of the County Recorder. SUP —City of BC PC 10/16/14 Page 8 EXHIBIT-A SECTION 35-2190.4. Special Uses The City Council shall hear and decide applications for Special Uses permissible under this Ordinance. Applications shall be submitted to the Director of Planning and Inspections who shall forward the application to the Planning Commission for consideration. a.Hearings. Upon filing with the Planning and Inspection Department an application for a Special Use Permit, the Director of Planning and Inspection shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Special Use sufficiently in advance so that the Commissioner will receive at least ten (10) day notice of the hearing. b.Decisions. The City Council shall arrive at a decision on a Special Use within 48 days of a recommendation by the Planning Commission. In granting a Special Use Permit, the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in Section 35-2190.4f, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the Special Use Permit is granted, shall be deemed a violation of this Ordinance punishable under Section 35-2210. A copy of all decisions granting Special Use Permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. C. Procedures to be followed by the City Council in Passing on Special Use Permit Applications Within all Flood Plain Districts. 1) Require the applicant to furnish such of the following information and additional information as deemed necessary by the City Council for determining the suitability of the particular site for the proposed use. a)Five Sets of Plans drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures, and the relationship of the above to the location of the stream channel. b)Specifications for building construction and materials, flood- proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. 2) Transmit one copy of the information described in subsection 1) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters, 3) Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. d. Factors Upon Which the Decision of the City Council Shall Be Based. In passing upon Special Use Permit applications, the City Council shall consider all relevant factors specified in other sections of this Ordinance, and: 1)The danger to life and property due to increased flood heights or velocities caused by encroachments. 2)The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. 3)The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. 4)The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 5)The importance of the services provided by the proposed facility to the community. 6)The requirements of the facility for a waterfront location. 7)The availability of alternative locations not subject to flooding for the proposed use. 8)The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 9)The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. 10)The safety of access to the property in times of flood for ordinary and emergency vehicles. 11) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. 12) Such other factors which are relevant to the purposes of this Ordinance. e.Time for Acting on Application. The City Council shall act on an application in the manner described above within 48 days from receiving a recommendation from the Planning Commission on the application, except that where additional information is required pursuant to Section 35-2190.4d of this Ordinance, the City Council shall render a written decision within 30 days from the receipt of such additional information. f.Conditions Attached to Special Use Permits. Upon consideration of the factors listed above and the purpose of this Ordinance, the City Council shall attach such conditions to the granting of Special Use Permits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions may include, but are not limited to, the following: 1)Modification of waste treatment and water supply facilities. 2)Limitations on period of use, occupancy, and operation. 3)Imposition of operational controls, sureties, and deed restrictions. 4)Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. 5) Flood-proofing measures, in accordance with the State Building Code and this Ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood-proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. CENTENNIAL PARK I CITY HALL I COMMUNITY CENTER 6301 SHINGLE CREEK PARKWAY 200C -2100 / 2401/ W\N r PARK L630 fr63oe / Co Mm' ur1ityI I/ 44c / r/ •f / 1rc4 — 6300 '7J Hat)pk91l( 6300 I! 6200 L6I60' 4 - v— I I/ — (j6125..-" / ' 0 /:N I oe — ti __rc 22 V 5951 5930 14 Aj 22 4 I - \ / 593711pol '1':03 i/ I (7rr,f BROOKL)'!% 0 300 600 1,200 CENTER___________________________________________________ iFect r - --f;-- - - - --- - w w I - \ \ L :1 I \O11 -. 0 _/) Lo 1. niz Im ri LJL \ / .' J\'\\ / i••' 'ir 4 ------- I 1 Legend X TER, 1 KLYN 0 200 400 800v.Feet FLOOD ZONES ZONE AE (FLOODWAY) ZONE AE (100-YR FP wI BASE FLOOD ELEVS.) ZONE A (100-YR FP w/o BASE FLOOD ELEVS.) EEl ZONE X (500 YR FP 010.2% ANN. CHANCE FLOOD HAZARD) ZONE X (OUTSIDE FLOOD PLAIN) Commissioner Harstad introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2014-16 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-015 SUBMITTED BY THE CITY OF BROOKLYN CENTER, MINNESOTA FOR SPECIAL USE PERMIT TO ALLOW THE GRADING AND PLACEMENT OF FILL MATERIAL IN THE FLOODWAY DISTRICT, LOCATED IN CENTENNIAL PARK AT 6301 SHINGLE CREEK PARKWAY WHEREAS, the City of Brooklyn Center, Minnesota ("City") and pursuant to City Code Section City Code Seètion 35-2140, Subpart 3.1', has submitted Planning Commission Application No. 2014-015, requesting a Special Use Permit to allow the grading and placement of fill material in the Floodway District of Centennial Park at 6301 Shingle Creek Parkway; and WHEREAS, this area of Centennial Park where the City intends to place this fill material is located in the established Floodway District boundaries identified in the City's own Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps, Map No. 27053CO204-E, dated September 2, 2004, and which area and land uses are subject to City Code Section 35-2140 and all related ordinances under Floodplain Management Section 35-2100; and WHEREAS, this special use permit would authorize the City to place fill material necessary for the installation of a low-lying, 3-foot wide earthen berm within the open space area between the Shingle Creek waterway channel and the Centennial Park softball fields, for the expressed purposes of a low-level flood protection berm system, to help reduce or alleviate flood water damage to these public recreational ball fields and area; and WHEREAS, as required by City Code Section 35-2190; Subpart 4.b, the City has officially notified the Commissioner of the Department of Natural Resources of this proposed berm project, and no comments or objections have been received by the Commissioner or his representatives; and WHEREAS, on October 16, 2014, the Planning Commission held a duly called public hearing, whereby a staff report and public testimony regarding the special use permit were received and noted for the record; and WHEREAS, the Planning Commission considered the Special Use Permit request, and in light of all testimony received, and reviewing and considering the guidelines and standards for evaluating this special use permit as contained in City Code Section 35-2190; Subpart 4.d, that this special use permit meets the general standards and factors for issuing or approving said special use permit, and generally complies with the goals and objectives of the City's 2030 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center does hereby recommend to the City Council, that Planning Application No. 2014-015, a special use permit submitted by the City of Brooklyn Center, Minnesota, be approved based upon the following conditions:: Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 2. The areas of disturbance in and around the berm area shall be restored to its pre-existing natural environment, and the berm shall be provided with approved vegetative cover to ensure stability and prevent erosion of fill material into Shin g le Creek. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the Engineering Department. 4. An as-built survey must be completed upon installation of the new berm, and the Special Use Permit must be title registered with the property in the - Office of the County Recorder. October 16, 2014 Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Sweeney, and upon vote being taken thereon, the following voted in favor thereof: Chair Burfeind, Commissioners Schoiming, Morgan, Christensen, Freedman, Harstad, and Sweeney and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION October 27, 2014 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 PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Consideration of Modifying Setback Requirements for Front Porches 2.Sister City Voinjama Visit Update 3.Highway 252 Open House 4.Paperless Packets Report Parking Lot Issues Joint Meeting with Charter Commission