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HomeMy WebLinkAbout2017 01-09 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION January 9, 2017 6:00 p.m. Constitution Hall, Community Center A copy of the full City Council packet is available to the public. The packet ring binder is located by the Secretary. 1.City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center Constitution Hall, Community Center January 9, 2017 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. Administer Ceremonial Oath of Office 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 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.December 5,2016-2016 Budget Hearing 2.December 5, 2016 - Special Session 3.December 12, 2016 - Study/Work Session 4.December 12, 2016 - Regular Session 5. December 13, 2016 - Special Session b. Licenses C. Resolution Designating Official Newspaper d. Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations CITY COUNCIL AGENDA -2- January 9, 2017 e.Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of the Brooklyn Bridge Alliance for Youth, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, Twin Lakes Joint Powers Organization, and Minneapolis Northwest Convention & Visitors Bureau f.Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees g.Resolution Designating Depositories of City Funds h.Resolution Granting Corporate Authority for Signing of Checks and Transactions of Financial Business Matters i.Resolution Opting Not to Waive Limited Tort Liability for 2017 j.Resolution Calling for a Public Hearing Regarding Proposed Use of 2017 Urban Hennepin County Community Development Block Grant Funds k. 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 2017-2018 1. Resolution Establishing the City Fee Schedule for Transient Accommodations Licenses 7. Presentations/Proclamations/Recognitions/Donations a.Resolution Expressing Recognition and Appreciation of Lin Myszkowski for Her Dedicated Public Service as Council Member Requested Council Action: —Motion to adopt resolution. b.Resolution Expressing Recognition and Appreciation of Rex Newman for His Dedicated Public Service on the Northwest Suburbs Cable Communications Commission Requested Council Action: —Motion to adopt resolution. C. Resolution in Support of Recognizing Brooklyn Center High School as a Heart Safe Campus Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -3- January 9, 2017 d. Resolution Recognizing the Designation of Brooklyn Center as a Heart Safe Community Requested Council Action: —Motion to adopt resolution. 8.Public Hearings —None. 9.Planning Commission Items —None. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.5350 71St Circle 2.6015 Aldrich Avenue North 3.Resolution Approving a Type IV 6-Month Provisional Rental License for 5420 Emerson Avenue North 4.Resolution Approving a Type IV 6-Month Provisional Rental License for 5636 Humboldt Avenue North 5.Resolution Approving a Type IV 6-Month Provisional Rental License for 6765 Humboldt Avenue North 6.Resolution Approving a Type IV 6-Month Provisional Rental License for 6418 Major Avenue North Requested Council Action: —Mayor poll audience for applicants to address Council. —Receive staff report. —Motion to open hearing. —Receive testimony from applicants. —Motion to close hearing. —Take action on rental license applications and mitigation plans. b. Select Presiding Officers - Mayor Pro Tern and Acting Mayor Pro Tern Requested Council Action: —Council discuss and 'select presiding officers. C. Resolution Declaring Commitment to the Brooklyn Center City Charter Requested Council Action: —Motion to adopt resolution. d. Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives/Voting Delegates for Other Organizations for 2017 Requested Council Action: —Motion to ratify Mayoral appointments. CITY COUNCIL AGENDA -4- January 9, 2017 11. Council Report 12.Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION January 9, 2017 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Constitution Hall, Community Center A copy of the full City Council packet is available to the public. The packet ring binder is located by the Secretary. ACTIVE DISCUSSION ITEMS 1.2017 Legislative Priorities 2.Presentation Defining the Police Department's Use of Force Policy PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Solar Energy Options 2.Body Camera Implementation and Policy 3.Liquor License Regulations 4.Paperless Council Process 5. Drinking Water Update City Counci l V.U]ti 1Item .[No. r MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA BUDGET HEARING DECEMBER 5, 2016 CITY HALL - COUNCIL CHAMBERS 1.CALL TO ORDER The Brooklyn Center City Council met for the 2016 Budget Hearing called to order by Mayor Tim Willson at 7:01 p.m. 2.ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, and Deputy City Clerk Rozlyn Tousignant. 3.PRESENTATION ON BUDGET PROCESS AND PROPOSED 2017 BUDGETS Mr. Boganey gave a brief introduction and summary of the budget as well as an overview of the December 5 th meetings. Mr. Reinhardt gave a presentation on the proposed budget. 4.PRESENTATION ON PROPOSED PROPERTY TAXES PAYABLE IN 2017 Mr. Reinhardt continued with a presentation on proposed property taxes payable in 2017. 5.OPPORTUNITY FOR PUBLIC COMMENT AND QUESTIONS Mayor Willson opened the Public Hearing. No public feedback was provided. 6.REVIEW REMAINING ACTIONS FOR ADOPTION A brief discussion was held over the proceeding agendas. Mayor Willson requested a motion from the Council. 7. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adjourn the Budget Hearing at 7:27 p.m. Motion passed unanimously. 12/05/16 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION DECEMBER 5, 2016 CITY HALL - COUNCIL CHAMBERS 1.CALL TO ORDER The Brooklyn Center City Council met in Special Session called to order by Mayor Tim Willson at 7:34 p.m. 2.ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, and Deputy City Clerk Rozlyn Tousignant. 3. CONSIDERATION OF 2017 BUDGET City Manager Curt Boganey stated that the 2017 Budget Hearing was held previous to this meeting and the items before the City Council at this Special meeting would be to adopt the final items for 2017 Budget. 3a.CITY MANAGER'S BUDGET TRANSMITTAL LETTER FOR 2017 FISCAL YEAR Councilmember Myszkowski moved and Councilmember Ryan seconded to accept the City Manager's Budget Transmittal Letter for 2017 Fiscal Year. Motion passed unanimously. 3b.RESOLUTION NO. 2016-200 APPROVING FINAL TAX CAPACITY LEVIES FOR THE GENERAL FUND AND HOUSING & REDEVELOPMENT AUTHORITY AND MARKET VALUE TAX LEVY FOR THE DEBT SERVICE FUND FOR PROPERTY TAXES PAYABLE IN 2017 Councilmember Graves moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2016-200 Approving Final Tax Capacity Levies for the General Fund and Housing & Redevelopment Authority and Market Value Tax Levy for the Debt Service Fund for Property Taxes Payable in 2017. Motion passed unanimously. 12/05/16 -1- DRAFT 3e. RESOLUTION NO. 2016-201 ADOPTING THE 2017 ANNUAL CITY BUDGET Councilmember Ryan moved and Couñcilmember Myszkowski seconded to adopt RESOLUTION NO. 2016-201 Adopting the 2017 Annual City Budget. Motion passed unanimously. 3d. RESOLUTION NO. 2016-202 APPROVING THE 2017-2031 CAPITAL IMPROVEMENT PLAN AND ADOPTING THE 2017 CAPITAL PROGRAM Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2016-202 Approving the 2017-2031 Capital Improvement Plan and Adopting the 2017 Capital Program. Motion passed unanimously. 4. ADJOURNMENT Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to adjourn the City Council meeting at 7:44 p.m. Motion passed unanimously. 12/05/16 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEP1N AND THE STATE OF MINNESOTA STUDY SESSION DECEMBER 12, 2016 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 April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan were present. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS None at this time. MISCELLANEOUS Councilmember Ryan stated he attended a recent Metro Cities meeting and is interested in having Ms. Harris here from the League of Minnesota Cities. Mayor Willson asked if there were any issues with having Ms. Harris speak at a meeting. It was the consensus of the City Council to invite Ms. Harris, League of Minnesota Cities, to attend and speak at a meeting. City Manager Curt Boganey asked if the City Council would like to consider new dates for the City Council retreat to accommodate, the League of MN Cities Conference that falls on the previously scheduled dates for the retreat. The City Council agreed it would be nice if they could attend the League of MN Cities Conference and agreed that February 24-25 would work for the retreat. Mr. Boganey stated he would inquire about these dates. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS CDBG FUNDING PROCESS - MR. ANDERSON 12/12/16 -1- DRAFT Deputy Director of Building and Community Standards Jesse Anderson introduced the item, discussed the history, and stated the purpose of this item. Mr. Anderson stated they are asking if the City Council would like to continue with the current process or if they wish to modify the process. He stated if they wish to modify the process they would like direction from the City Council on what process they would like to use to select the agencies that receive funding. Councilmember Graves stated she would like to see some funding be given to other agencies instead of those on the list provided who have received so much already for several years. She would like to see an agency that has received the funds be capped at some point so others have a chance to receive some funding. Councilmember Myszkowski stated she understands what Councilmember Graves is stating. She stated she feels the reason CEAP hasn't reached further is because it became too expensive in the past to continue the programs they wanted to do. She stated while she would like to see other organizations get more funding as well, she understands why the same ones get the funding year after year. Councilmember Ryan stated he agrees with Councilmember Graves; however, he thinks the process they have in place is good because they need to follow the rules and statutes provided by the State. He stated ideally it would be nice to sit down with all the other cities and make a decision together about where they will allocate funds. He noted to make further decisions they would need to get more information from the staff to look at this further. Mr. Boganey stated it is mainly due to the capabilities of the organization and in most cases, the larger ones with a track record with staff are more accountable, and giving them the funds to use are more reliable and their dollar can in some cases help a larger group of people. He noted it can be difficult to fund some smaller organizations and start-ups with great ideas and a huge desire to help people given they may lack a lot of the essential requirements needed to succeed. Councilmember Lawrence-Anderson stated she isn't opposed to changing the process and she is open to allowing new organizations that are not currently being funding to have a chance in the allocation process. It was the majority consensus of the City Council not to change the process and or policy at this time. BROOKLYN CENTER 2017 CITY SURVEY - MR. EDWAR]IS Interim Assistant to the City Manager Reggie Edwards introduced this item and provided a presentation on this topic. Mayor Willson stated he agrees with the consultants that it is nice to have comparisons from time to time with the same questions and feedback. Councilmember Ryan stated he would like to get some feedback on the water quality and get something on the survey. Mr. Boganey stated in the survey there is a question about liking the 12/12/16 -2- DRAFT City water. He stated once someone chooses poor or fair on that question, they would then have some follow-up questions to get more information on why they feel that way and then they can get a better understanding of how residents feel about the water. Councilmember Graves stated she would like to see other questions being added to the survey regarding strengthened and empowered youth, inclusive community engagement, and resident economic stability. Mr. Boganey stated they will add those questions to the survey. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Myszkowski moved and Councilmember Ryan seconded to recess the Study Session at 6:47 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to reconvene the Study Session at 6:48 p.m. Motion passed unanimously. ADJOURNMENT Councilmember Myszkowski moved and Councilmember Graves seconded to adjourn the Study Session at 6:59 p.m. Motion passed unanimously. 12/12/16 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 12, 2016 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 April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan were present. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Myszkowski said a few words regarding her last City Council meeting 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 7:00 p.m. 4.ROLL CALL 12/12/16 -1- DRAFT Mayor Tim Willson and Coundilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan were present. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kuj awa-Daniels, 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 Lawrence-Anderson seconded to approve the Agenda and Consent Agenda as presented and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.November 28, 2016— Study Session 2.November 28, 2016 - Regular Session 3. November 28, 2016 - Work Session 6b. LICENSES GASOLINE SERVICE STATION Holiday Stationstores, Inc. 420 66th Avenue North Royalty & Sons, Inc. Brooklyn BP 6044 Brooklyn Boulevard LIQUOR - CLASS A ON-SALE INTOXICATING AND SUNDAY Apple Minnesota LLC dba Applebee's Neighborhood Grill & Grill 1400 Shingle Creek Crossing Brooklyn Hotel Partners LLC dba Embassy Suites 6300 Earle Brown Drive 2200 Beverage Management, LLC dba Double Tree by Hilton Minneapolis N 2200 Freeway Boulevard LIQUOR - CLASS B ON-SALE INTOXICATING SUNDAY, AND 2 A.M. Jammin Wings LLC dba Jammin Wings 2590 Freeway Boulevard LIQUOR - CLASS F ON-SALE INTOXICATING AND SUNDAY Flik International Corp. 6155 Earle Brown Drivedba Earle Brown Heritage Center 12/12/16 -2- DRAFT LIQUOR - ON-SALE CLUB INTOXICATING AND SUNDAY Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard LIQUOR - ON-SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIQUOR Brooklyn Center Restaurant Inc. dba 50's Grill 5524 Brooklyn Boulevard LIQUOR - ON-SALE 3.2 PERCENT MALT LIQUOR Centerbrook Golf Course, Centennial Park, and Evergreen Park 6301 Shingle Creek Parkway Chipotle Mexican Grill 5711 Xerxes Avenue North UEC Hospitality LLC dba Wingstop #1005 1180 Shingle Creek Crossing/Gi LIQUOR - OFF-SALE 3.2 PERCENT MALT LIQUOR Awad Company dba Winner 6501 Humboldt Avenue North Diamond Lake 1994 LLC dba Cub Foods-Brookdale Kabalan Co dba Pump N Munch Leng Ku dba Sun Foods Northern Tier Retail LLC dba SuperAmerica#3192 Northern Tier Retail LLC dba SuperAmerica 44160 Northern Tier Retail LLC dba SuperAmerica 44058 MECHANICAL 3245 County Road 10 1505 69th Avenue N 6350 Brooklyn Boulevard 6950 Brooklyn Boulevard 6545 West Rive Road 1901 S7th Avenue N Ace Heating and Air Conditioning, Inc.6075 Highway 95 NW, Princeton Carter Custom Construction & Fireplaces, Inc.3276 Fanum RD 4400, Vadnais Hgts Northland Mechanical Contractors, Inc.9001 Science Center Dr., New Hope Transwave heating and cooling LLC 21205 Minnetonka Blvd, Shorewood SIGNHANGER Albrecht Sign Company TOBACCO RELATED PRODUCT Burr St. Market Inc. Quick Shop Holiday Stationstores, Inc. Holiday Stationstores, Inc. Royalty & Sons, Inc. Brooklyn BP RENTAL INITIAL (TYPE III— one-year license) 7775 Main Street NE, Fridley 5808 Xerxes Avenue N 420 66th Avenue N 6890 Shingle Creek Parkway 6044 Brooklyn Boulevard 12/12/16 -3- DRAFT 5304 Vincent Ave N 5924 Washburn Ave N INITIAL (TYPE II— two-year license) 2912 69th LnN 6013 Brooklyn Blvd 6138 Colfax Ave N RENEWAL (TYPE III— one-year license) 3224 67th Ave N 6712 Beard Ave N 6610 Colfax Ave N 7212 Lee Ave N 7006 Morgan Ave N RENEWAL (TYPE II— two-year license) 4824 71st Ave N 5706 Camden Ave N (Passed w/ Weather Deferral) 6713 Colfax Ave N 5 02 Lilac Dr N 5548 Logan Ave N RENEWAL (TYPE I— three-year license) 5332-36 Russell Ave N 2924 67thLnN 6018 Camden AveN (Passed WI Weather Deferral) 4746 Lakeview Ave 5901 Pearson Dr 7012 Unity Ave N 7021 Unity Ave N Pao Vang Ryan McLuen Lydia Kim Rosa Chiqui Irma Kovalsky Haymant Dasrath Morris Matthews (Missing 2 ARM meetings) RHA 3,LLC Qiang Fang (Missing 1 ARM meeting) Hesham Abdel Hakim Brick Dinh Gary Charles Parker Donald SpeesefNeighborhood Youth Community Development Carlos Bailbrera RHA 3,LLC Douglas Ryan Ivan Tkach Crystal Brummer Brian Meltzer Main Street Renewal LLC Shuxing (Mark) Sun & Manying Sun Geri Lynn Williams 6c.APPROVAL OF 2017 CITY COUNCIL MEETING SCHEDULE 6d.RESOLUTION NO. 2016-203 SETTING SALARIES FOR CALENDAR YEAR 2017 6e. RESOLUTION NO. 2016-204 AUTHORIZING EXECUTION OF PROFESSIONAL SERVICE AGREEMENTS WITH QUALIFIYING CONSULTING ENGINEERING FIRMS FOR 2017,2018,2019 Motion passed unanimously. 12/12/16 -4- DRAFT 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS Mayor Willson stated it has been a pleasure to serve and travel with Councilmember Myszkowski, noting she has done great things. Councilmember Lawrence-Anderson stated it has been great and Councilmember Myszkowski has been a great learning tool. Councilmember Ryan stated he echoes all others comments, he has greatly enjoyed working with Councilmember Myszkowski, and thanked for her great service. Councilmember Graves stated she wanted to thank Councilmember Myszkowski for being a great friend and for being there for her. Mr. Boganey stated Councilmember Myszkowski will be missed a lot. 8.PUBLIC HEARINGS 8a.ORDINANCE NO. 2016-13 AMENDING CHAPTER 4— PUBLIC UTLITY AND SERVICE DISTRICTS Finance Director Nate Reinhart introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the Council at this time. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt ORDINANCE NO. 2016-13 Amending Chapter 4—Public Utility and Service Districts. Motion passed unanimously. 8b.CONSIDERATION OF PUBLIC UTILITY RATES FOR 2017 Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to open the Public Hearing. Motion passed unanimously. Alisha Franczak, 6913 Morgan Avenue North, addressed the City Council. She stated she would like to propose they do not raise the water utility rates until the City gets to the bottom of what the issue is with the water. She stated the feedback on social media is that most people don't like 12/12/16 -5- DRAFT the water and are now buying bottled water. She stated she would like the fact that some residents are buying bottled water as a result of the current water taste and not raise the water utility costs. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 1.RESOLUTION NO. 2016-205 ADOPTING 2017 WATER UTILITY RATES, FEES AND CHARGES Councilmember Myszkowski moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2016-205 Adopting 2017 Water Utility Rates, Fees and Charges. Motion passed unanimously. 2.RESOLUTION NO. 2016-206 ADOPTING 2017 SEWER UTILITY RATES, FEES AND CHARGES Councilmember Graves moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2016-206 Adopting 2017 Sewer Utility Rates, Fees and Charges. Motion passed unanimously. 3.RESOLUTION NO. 2016-207 ADOPTING 2017 STORM SEWER UTILITY RATES, FEES AND CHARGES Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2016-207 Adopting 2017 Storm Sewer Utility Rates, Fees and Charges. Motion passed unanimously. 4.RESOLUTION NO. 2016-208 ADOPTING 2017 STREET LIGHT RATES AND CHARGES Councilmember Graves moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2016-208 Adopting 2017 Street Light Rates and Charges. Motion passed unanimously. 5. RESOLUTION NO. 2016-209 ESTABLISHING 2017 RECYCLING RATE AND CHARGES 12/12/16 -6- DRAFT Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2016-209 Establishing 2017 Recycling Rate and Charges. Motion passed unanimously. Mayor Willson stated he had asked for data on the tiers and appreciated staff adding that into their presentation. He noted the difference between tiers in the winter and summer was interesting and drastically different. 9.PLANNING COMMISSION ITEMS None at this time. 10.COUNCIL CONSIDERATION ITEMS lOa. MAYORAL REAPPOINTMENTS TO CITY ADVISORY COMMISSIONS Councilmember Graves moved and Councilmember Myszkowski seconded to ratify the following Mayoral Reappointments to City Advisory Commissions: Housing Commission - term to expire 12/31/2019 Kathie Amdahl David Johnson Park and Recreation Commission - term to expire 12/31/2019 Travis Bonovsky Gail Ebert Jerome Witalka Planning Commission - term to expire 12/31/2018 Randall Christensen John McMillan Stephen Schonning Susan Tade NW Hennepin Human Services Council Advisory Commission - term to expire 12/31/2018 Anna Burke Motion passed unanimously. lOb. RESOLUTION NO. 2016-210 CONDEMNING VIOLENCE AND HATE SPEECH, EXPRESSING SOLIDARITY WITH MUSLIMS AND ALL THOSE TARGETED FOR THEIR ETHNICITY, RACE, OR RELIGION Councilmember Graves introduced this item, and provided some background on it. She stated with all the violence occurring, especially against some racial groups, she felt it was time to 12/12/16 -7- DRAFT introduce a Resolution that shows the City does not condone hate crimes against any persons regardless of race or ethnicity. She stated she is very happy the City Council has agreed to pass this Resolution. Councilmember Myszkowski stated she showed the proposed Resolution to a student who is of Muslim background who read it and stated it was "Dope". She noted there is no higher statement from a teenager. Mayor Willson stated he agrees with Councilmember Graves, fully supports this Resolution, and noted the City will not stand for any hate crimes. Councilmembers Ryan and Lawrence- Anderson echoed Mayor Wilison's sentiments. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2016-210 Condemning Violence and Hate Speech, Expressing Solidarity with Muslims and all those Targeted for their Ethnicity, Race, or Religion. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • December 4, 2016: Attended Holly Sunday Celebration • December 5, 2016: Attended Truth in Taxation/Budget Hearing Meeting • December 13, 2016: Attending Rebranding meeting Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • December 5, 2016: Attended Truth in Taxation/Budget Hearing Meeting • December 13,2016: Attending Rebranding meeting \Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • December 1, 2016: Attended Minneapolis Tourism Open House • December 5, 2016: Attended Truth in Taxation/Budget Hearing Meeting • December 6, 2016: Attended Watch Captain Appreciation Dinner • December 13, 2016: Attending Rebranding meeting Councilmember Graves reported on his attendance at the following and provided information on the following upcoming events: • December 13, 2016: Attending Family Night at Brooklyn Center High School • December 14,2016: Attending Dance and Family Night Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: o December 1, 2016: Attended League of MN Cities meeting 12/12/16 -8- DRAFT • December 1, 2016: Attended Focus and Strategic Planning meeting • December 2, 2016: Attended Meeting with constituent, Mr. Bitel and Mr. Boganey • December 4, 2016: Attended Holly Sunday Tree Lighting • December 5, 2016: Attended Truth in Taxation/Budget Hearing meeting • December 13, 2016: Attending Rebranding meeting • December 14, 2016: Cable 12 Mayors Minutes 12. ADJOURNMENT Councilmember Graves moved and Councilmember Graves seconded adjournment of the City Council meeting at 7:43 p.m. Motion passed unanimously. 12/12/16 -9- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION DECEMBER 13, 2016 BROOKDALE LIBRARY MEETING ROOM F 1.CALL TO ORDER SPECIAL MEETING The Brooklyn Center City Council met in Special Session called to order by Mayor Tim Willson at 5:35 p.m. 2.ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, and Dan Ryan. Councilmember Lin Myszkowski was absent and excused. 3.CITY BRANDING AND IDENTITY DISCUSSION The City Council met with representatives of vitalink to discuss City branding and identity. 4.ADJOURNMENT The meeting adjourned at 6:35 p.m. 12/13/16 4-S City Coiinci1 Agenda Item No. 6b iES1IJ[iJ I I I 31k"A Ih'A I k'4 (I) 1I 1U3i DATE: January 3, 2017 TO: Curt Boganey, City Manager FROM: Rozlyn Tousignant, Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on January 9, 2017. 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. FIREWORKS PERMANENT Diamond Lake 1994 LLC Cub Foods Target #240 GASOLINE SERVICE STATION Boulevard Enterprises Inc. Christy's Auto Service MECHANICAL Blue Ox Heating & Air Excel Air J-Berd Mechanical Scenic Sign Corporation Star Equipment Team Mechanical RENTAL See attached report. TOBACCO RELATED PRODUCT Regal Foods Corporation Royal Tobacco Value Foods Corporation 3246 Co Rd No 10 6100 Shingle Creek Parkway 5300 Dupont Ave N 5720 International Pkwy, New Hope 5232 Glenbrook Ave N #200, Oakdale 3308 Southway Dr, St. Cloud 828 South 5th Street, Sauk Rapids 2100 107th Lane NE, Blame 3508 Snelling Ave, Minneapolis 615 66 t ' Ave N5 5625 Xerxes Ave N 6820 Humboldt Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [i]JJ[iJ I V V DVhYA U'A I IhYA (I] 1'WI IJk I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+: units 0-035 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 ____________________ 3+ units Greater thafi 1.5 but not more an-, Type IV - 6 Months 1-2 units Greater than 8 License Number of Units Validated Calls for Disorderly Conduct Category 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 1-2 Greater than 1 but not more than 3 Category 7Greater. than O.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 than1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive conznunity that enhances the quality of life for all people and preserves the public trust Vtci)>((04-' >- a)00 0. -oCCO U,ci) .4-, 4-, >-4-, I-) C0 4-,cti) U LI)CO U,LI) a)00 0. (1) *-- ---------> Z a)a) U =-===-==-===- -= ===- -=- - c a ===-=--=== ===-=-===---= <<01 .0 0 C C C C C 0 C C C C C C C C C C 0 C C 0zz N °°--------o CQ)==-=--=== ===--=-= ==---a) U>-- >-222• 0 A:!c-N 2c C - c N c N 1-to N N N -1 -1 -C N in in -1 -1 -t N E -e 141CL0) CV -.-.o i-£L !. oo5 —o 0 o N tLo c>8 Z'41 -(IL 'c0 -c E>-E ()0 -D 0 0)0 -0 0 <c W - --- ••(>c D-•O 1—o0 00 C:)>o$-(V._c><w Ex o -.4-'a°c 2 CL-- rq LILII-o ---- --U) a)CU co a)a)(v a)(u a)a)a)0)ai a)a)(vccca)a)a)ccca)ai (1)01C)ccc a)c >C-'cc c c C C ccc ccc )a)a a)a)a)a)a).9a) -C)C)w Cl)0 a)C)Wi cr(DC)I Q a)tX 0(DC)Or a)0 C)wQ a)cr 0 CX C1 O cu -'- -- 00 E E E E E c Co Cu ro Cu cu Co cu Cu CO CO Cu CO CO 'cnU-v Co co CO co U-U-L U- U-U-U-U- U-U-U-=LI a)b0 U U-U U-a)Ui C)a)a a)a)a)a)a)a)C)a)a)a)a)_Q o 0c cCcccCccCCCCCCCEco CL-1'FF—F-I- C) z CD z z GJ C)a)z za)Z C . to Vt Zc )D Za)WZZZ cu ai 0)41 a)^a)a)=ZZZlla)>a)a)a)DZCa)L/)CUi_>a)a)a)a)>>> 4-4 Ot a)t.in in .^C cj -i N 0 N --c >(0 .c -a -a)0 "JRrno-o COrn 't Ct II± N .0 C 01 -1 r-t tO CO (N in -1 -1 o in l-CO N C CO C N (0 0 N LI) .y .E o in in t,C N F r-(s-I N s-I H C C H H N HC CC C s-IC inin in00 CN Co s-I0) U- _J * - i-.0.__s-1LI)N CO(0 CL lflLn in-n intn HN inI-fl inin N s t-in s-Ii- min w(0 ID tnI-fl N N Cs)'n in (0 3 (0 I-fl j * ** * * City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Mana FROM: Sharon Knutson, City Clerk ;4^1^ DATE: January 3, 2017 SUBJECT: Resolution Designating Official Newspaper Recommendation: It is recommended that the City Council consider adoption of a Resolution Designating Official Newspaper. Background: Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circulation in the City as its official newspaper in which the City will publish ordinances, bids, public hearing notices, advertising for proposals, assessments, bonds, financial reports, and other matters as required by law. Sun Media has once again requested that the City Council consider designating Brooklyn Center Sun-Post to be the official newspaper for 2017. Brooklyn Center Sun-Post meets all necessary requirements of a qualified newspaper. The rate structure for 2017 is $11.75 per colunin inch (9 lines per inch = $1.30 per line). The circulation of the Sun-Post is 6,887 newspapers. Another alternative for the City Council to consider is the Minneapolis Star Tribune. It meets the requirements of a qualified newspaper, with circulation at zip code 55430 at 810 households and 55429 at 920 households. The rate structure for 2017 is $5.60 per line. Attachments: Re solution Designating Official Newspaper Sun Media Rate and Circulation Letter and Audit Report Minnesota Statutes Chapter 33 1A Budget Issues: The 2017 budget includes $7,000 for legal publications. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun-Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun-Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun-Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 2017. January 9, 2017 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. 1 5n. December 2016 City of Brooklyn Center City Council 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear City Council Members: Please accept the following bid from the Brooklyn Center Sun-Post for legal newspaper designation for the City of Brooklyn Center. This newspaper is qualified by the State of Minnesota as a legal news- paper under Minnesota Statutes Section 331A.02, Subd. 1. The following rate structure for legals is effective January 1, 2017: First insertion: $11.75 per column inch Subsequent insertions: $6.50 per column inch Characters per inch: 320 Lines per inch: 9 A notarized affidavit will be provided for each notice published. Additional affidavits are $2.50 each. A $20.00 charge will be assessed on legal notices that require typing. All published legal notices are posted on the Sun-Post website at no additional charge. The Sun-Post is published weekly on Thursdays. The deadline is 2:00 p.m. on Thursday for publication the following Thursday. Please email legal notices to pubIicnotice@ecm-inccom. Thank you for considering the Sun-Post as the official newspaper for the City of Brooklyn Center for the upcoming year. We appreciate the opportunity to serve the needs of your community. Sincerely, Michael Jetchick Sales Manager 10917 VALLEY VIEW ROAD, EDEN PRAIRIE, MN 55344 • 952-846-2019 • POST.MNSUN.COM AUDIT REPORT For the 12-month period ending Sept. 29, 2016 BROOKLYN CENTERSUN°POST ECM Publishers, Inc. Hennepin County, Minnesota Published Weekly: Thursday PUBLISHER'S STATED PUBLISHING AND CIRCULATION POLICY Policy is to publish weekly com- munity newspapers. Advertising is sold separately or in any combina- tion with ECM Publishers, Inc. Circulation policy In to home deliver single copies to a defined portion of households within Han- lapin, Dakota, Anoka, Carver, and Ramsey counties. Sulk deliveries (five or more copies) delivered to public buildings and limited retail locations. AVERAGE CIRCULATION, DISTRIBUTION AND NET PRESS RUN A. Paid circulation 1)Mail subscriptions ........a 2)Net retell sales (store, newsstand, rack, and counter .............0 3) Voluntary/optional paid circulation..............51 Total paid circulation 59 B. Unpaid circulation 1)Carrier single copies... ... tan? 2)Unpaid residential bulk ....... 0 3) Unpaid non-residential bulk....................190 Total unpaid circulation 7077 Total paid and unpaid circulation (sum otA&B) 7136 PUBLISHER'S BREAKDOWN OF TOTAL CIRCULATION FOR THE SINGLE ISSUE OF: BROOKLYN CENTER SUN POST THURSDAY, Sept. 29, 2016 A.Paid mailed circulation .......a B.Net retail sales (store, newsstand, rack, andcounter ...............0 C.Voluntary/optional paid circulation................52 D.Unpaid carrier ........... oa85 E.Bulk....................190 F.Total distribation (sum of A, B,C,D&R ......7135 Audit statement... We have examined the records at the publication(s) for the period stated. Our examination was made in ac- cordance with the Corporation's bylaws, rules and regulations, and auditing standards, and accord- ingly, included such tests of the accounting and circulation records and such auditing procedures as we considered necessary In the circumstances. In our opin- ion, this report presents fairly the circulation of the publication(s) of the period indicated. Certified Audit of Circulation 155 Willowbrook Blvd, Wayne, N.J. 07470Telephone: 973-785-2000 cac@certifiedaudit.cam PROOF OF PUBLICATION and STATEMENT OF OWNERSHIP Name and address of publication: Sun -Post 10917 Valley View Road Eden Prairie, MN 55344 Name of personnel: General Manager: Mark Weber Director of News: Keith Anderson Number at lasses printed each year: 52 Name and address of publishing company if different: ECM Publishers, Inc. 10017 Valley View Rood Eden Prairie, MN 55344 Name of shareholders, bondholders and/or mortgages: ECM Publishers, Inc. 4095 Coon Rapids Blvd Coon Rapids, MN 55433 MINNESOTA STATUTES 2016 331A.01 331A.01 DEFINITIONS. 331A.02 REQUIREMENTS FORA QUALIFIEDNEWSPAPER. 331A.03 WHERE NOTICE PUBLISHED. 331k04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL PUBLICATIONS. 331A.05 FORM OF PUBLIC NOTICES. 331A.06 RATES FOR PUBLICATION. 331A.01 DEFINITIONS. 33IA.07 AFFIDAVIT OF PUBLICATION. 331A.08 COMPUTATION OF TIME. 331A.09 PUBLICATION ON SUNDAY OR HOLIDAY. 331A.10 CHANGE OF NAME OR DISCONTINUANCE OF NEWSPAPER. 331.11 APPLICATION. 331A.12 WEB SITE ADVERTISEMENT FOR TRANSPORTATION PROJECT BIDS. Subdivision 1. Scope. As used in sections 331A.01 to 33 IA. 11, the terms defined have the meanings given them except as otherwise expressly provided or indicated by the context. Subd. 2. Known office of issue. "Known office of issue" means the newspaper's principal office devoted primarily to business related to the newspaper, whether or not printing or any other operations of the newspaper are conducted at or from the office. A newspaper may have only one known office of issue. Subd. 3. Political subdivision. "Political subdivision" means a county, municipality, school district, or any other local political subdivision or local or area district, commission, board, or authority. Subd. 4. Municipality. "Municipality" means a home rule charter or statutory city or town. Subd. 5. [Repealed, 2004 c 182 s 33] Subd. 6. Proceedings. "Proceedings" means the substance of all official actions taken by the governing body of a political subdivision at any regular or special meeting, and at minimum includes the subject matter of a motion, the persons making and seconding a motion, the roll call vote on a motion, the character of resolutions or ordinances offered, including a brief description of their subject matter, and whether defeated or adopted. Subd. 7. Public notice. "Public notice" means every notice required or authorized by law or by order of a court to be published by a qualified newspaper, and includes: (1)every publication of laws, ordinances, resolutions, financial information, and proceedings intended to give notice in a particular area; (2)every notice and certificate of election, facsimile ballot, notice of referendum, notice of public hearing before a governmental body, and notice of meetings of private and public bodies required by law; (3)every summons, order, citation, notice of sale or other notice which is intended to inform a person that the person may or shall do an act or exercise a right within a designated period 01 upon or by a designated date; and (4)this subdivision contains no independent requirement for the publication of any public notice. Subd. 8. Qualified newspaper. "Qualified newspaper" means a newspaper which complies with all of the provisions of section 33 1A.02. The following terms, when found in laws referring to the publication of a public notice, shall be taken to mean a qualified newspaper: "qualified legal newspaper," "legal newspaper," "official newspaper," "newspaper," and "medium of official and legal publication." Copyright 0 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 331A.01 MINNESOTA STATUTES 2016 2 Subd. 9. Secondary office. "Secondary office" means an office established by a newspaper in a community other than that in which its known office of issue is located, in the same or an adjoining county, open on a regular basis to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office. Subd. 10. Summary. "Summary" means an accurate and intelligible abstract or synopsis of the essential elements of proceedings, ordinances, resolutions, financial statements, and other official actions. It shall be written in a clear and coherent manner, and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a designated location or by standard or electronic mail. A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized had been published. No liability shall be asserted against a political subdivision in connection with the publication of a summary or agenda. Subd. 11. Recognized industry trade journal. "Recognized industry trade journal" means a printed or digital publication or Web site that contains building and construction news of interest to contractors in this state, or that publishes project advertisements and bids for review by contractors or other interested bidders in its regular course of business. History: 1984 c 543 s 20; 1986 c 444; 2004 c 182 s 3-7, 2013 c 46 s 1 331A.02 REQUIREMENTS FOR A QUALIFIED NEWSPAPER. Subdivision 1. Qualification. No newspaper in this state shall be entitled to any compensation or fee for publishing any public notice unless it is a qualified newspaper. A newspaper that is not qualified must inform a public body that presents a public notice for publication that it is not qualified. To be qualified, a newspaper shall: (a)be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches, or 800 square inches if the political subdivision the newspaper purports to serve has a population of under 1,300 and the newspaper does not receive a public subsidy; (b)if a daily, be distributed at least five days each week. If not a daily, the newspaper may be distributed twice a month with respect to the publishing of government public notices. In any week in which a legal holiday is included, not more than four issues of a daily paper are necessary; (c)in at least half of its issues each year, have no more than 75 percent of its printed space comprised of advertising material and paid public notices. In all of its issues each year, have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the community which it purports to serve. Not more than 25 percent of its total nonadvertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news services; (d)be circulated in the political subdivision which it purports to serve, and either have at least 400 copies regularly delivered to paying subscribers, or 250 copies delivered to paying subscribers if the political subdivision it purports to serve has a population of under 1,300, or have at least 400 copies regularly distributed without charge to local residents, or 250 copies distributed without charge to local residents if the political subdivision it purports to serve has a population of under 1,300; (e) have its known office of issue established in either the county in which lies, in whole or in part, the political subdivision which the newspaper purports to serve, or in an adjoining county; Copyright 0 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2016 331A.02 (f)file a copy of each issue immediately with the State Historical Society; (g)be made available at single or subscription prices to any person or entity requesting the newspaper and making the applicable payment, or be distributed without charge to local residents; (h)have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i)between September 1 and December 31 of each year publish a sworn United States Post Office periodicals-class statement of ownership and circulation or a statement of ownership and circulation verified by a recognized independent circulation auditing agency covering a period of at least one year ending no earlier than the June 30 preceding the publication deadline. When publication occurs after December 31 and before July 1, qualification shall be effective from the date of the filing described in paragraph (j) through December 31 of that year; and ) after publication, submit to the secretary of state by December 31 a filing containing the newspaper's name, address of its known office of issue, telephone number, and a statement that it has complied with all of the requirements of this section. The filing must be accompanied by a fee of $25. The secretary of state shall make available for public inspection a list of newspapers that have filed. Acceptance of a filing does not constitute a guarantee by the state that any other qualification has been met. Subd. 2. [Repealed, 2004 c 182 s 33] Subd. 3. Publication; suspension; changes. The following circumstances shall not affect the qualification of a newspaper, invalidate an otherwise valid publication, or invalidate a designation as official newspaper, (a)Suspension of publication for a period of not more than three consecutive months resulting from the destruction of its known office of issue, equipment, or other facility by the elements, unforeseen accident, or acts of God or by reason of a labor dispute. (b)The consolidation of one newspaper with another published in the same county, or a change in its name or ownership, or a temporary change in its known office of issue. (c) Change of the day of publication, the frequency of publication, or the change of the known office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to maintain its known office of issue in the county, shall deprive a newspaper of its standing as a qualified newspaper until it again becomes qualified pursuant to subdivision 1. Subd. 4. Declaratory judgment of legality. A person interested in a newspaper's qualification under this section may petition the district court in the county in which the newspaper has its known office of issue for a declaratory judgment to determine whether the newspaper is qualified. Unless filed by the publisher, the petition and summons shall be served on the publisher as in other civil actions. Service in other cases shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after ajudgment that it is qualified but before the judgment is vacated or set aside shall be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act and the Rules of Civil Procedure shall apply to the action. Subd. S. Posting notices on Web site. If, in the normal course of its business, a qualified newspaper maintains a Web site, then as a condition of accepting and publishing public notices, the newspaper must agree to post all the notices on its Web site at no additional cost. The notice must remain on the Web site Copyright 0 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 331A.02 MINNESOTA STATUTES 2016 during the notice's full publication period. Failure to post or maintain a public notice on the newspapers Web site does not affect the validity of the public notice. History: 1984c 543 s 21; 1985c 174s 1; 1Sp1985 c 13 s 315; 1987c 30s 1, 1987c 286s]; 1988c 682s 42, 1990c 395s 1; 1991 c205s 17; 1997c 137s 13; 2001 c 38s 1; 2004c 182 s 8-11; 2009 c 152 s5 331A.03 WHERE NOTICE PUBLISHED. Subdivision 1. Generally. Except as provided in subdivision 2, a public notice shall be published in a qualified newspaper, and except as otherwise provided by law, in one that is likely to give notice in the affected area or to whom it is directed. When a statute or other law requires publication in a newspaper located in a designated political subdivision or area and no qualified newspaper is located there, publication shall be made in a qualified newspaper likely to give notice unless the particular statute or law expressly provides otherwise. If no qualified newspaper exists, then publication is not required. Subd. 2. Exception; certain cities of the fourth class. A public notice required to be published by a statutory or home rule charter city of the fourth class located in the metropolitan area defined in section 473.121, subdivision 2, is not required to be published in a qualified newspaper if there is no qualified nondaily newspaper of general circulation in the city, provided the notice is printed in a newsletter or similar printed means of giving notice that is prepared by the city and either mailed or delivered to each household in the city. Subd. 3. Alternative dissemination of bids and requests. (a) In addition to or as an alternative to the statutory requirements for newspaper publication, a political subdivision may disseminate solicitations of bids, requests for information, and requests for proposals by a means authorized in paragraph (b), if the political subdivision simultaneously publishes, either as part of the minutes of a regular meeting of the governing body or in a separate notice published in the official newspaper, a description of all solicitations or requests so disseminated, along with the means by which the dissemination occurred. (b)A political subdivision may use its Web site or recognized industry trade journals as an alternative means of dissemination. A dissemination by alternative means must be in substantially the same format and for the same period of time as a publication required by this chapter. (c)For the first six months after a political subdivision designates an alternative means of dissemination, it must continue to publish solicitation of bids, requests for information, and requests for proposals in the official newspaper in addition to the alternative method. The publication in the official newspaper must indicate where to find the designated alternative method. After the expiration of the six-month period, an alternative means of dissemination satisfies the publication requirements of law for solicitation of bids, requests for information, and requests for proposals. History: 1984 c 543 s 22; 1991 c 53 s 1; 2004 c 182 s 12,13 331A.04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL PUBLICATIONS. Subdivision 1. Priority. The governing body of a political subdivision, when authorized or required by statute or charter to designate a newspaper for publication of its public notices, shall designate a qualified newspaper in the following priority. Subd. 2. Known office in locality. If there are one or more qualified newspapers, the known office of issue of which are located within the political subdivision, one of them shall be designated. Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2016 331A.05 Subd. 3. Secondary office in locality. When no qualified newspaper has a known office of issue located in the political subdivision, but one or more qualified newspapers maintain a secondary office there, one of them shall be designated. Subd. 4. General circulation in locality. When no qualified newspaper has its known office of issue or a secondary office located within the political subdivision, then a qualified newspaper of general circulation there shall be designated. Subd. 5. Other situations. If a political subdivision is without an official newspaper, or if the publisher refuses to publish a particular public notice, matters required to be published shall be published in a newspaper designated as provided in subdivision 4. The governing body of a political subdivision with territory in two or more counties may, if deemed in the public interest, designate a separate qualified newspaper for each county. Subd. 6. Exception to designation priority. (a) Notwithstanding subdivisions 1 to 3, the governing body of a political subdivision may designate any newspaper for publication of its official proceedings and public notices, if the following conditions are met: (1)the newspaper is a qualified medium of official and legal publication; (2)the publisher of the newspaper furnishes a sworn statement, verified by a recognized independent circulation auditing agency, covering a period of at least one year ending no earlier than 60 days before designation of the newspaper, stating that the newspaper's circulation reaches not fewer than 75 percent of the households within the political subdivision; (3)the newspaper has provided regular coverage of the proceedings of the governing body of the political subdivision and will continue to do so; and (4)the governing body votes unanimously to designate the newspaper. (b) If the circulation of a newspaper designated under this subdivision falls below 75 percent of the households within the political subdivision at any time within the term of its designation as official newspaper, its qualification to publish public notices for the political subdivision terminates. Subd. 7. Joint bidding. A bid submitted jointly by two or more newspapers for the publication of public notices must not be considered anticompetitive or otherwise unlawful if the following conditions are met: (1)all of the qualified newspapers in the political subdivision participate in the joint bid; (2)the existence ofthejoint bid arrangement is disclosed to the governing body of the political subdivision before or at the time of submission of the joint bid; and (3) the board is free to reject the joint bid and, if it does, individual qualified newspapers do not refuse to submit separate bids owing to the rejection of the joint bid. History: 1984 c 543 s 23; 2003 c 59 s 1; 2004 c 182 s 14 331A.05 FORM OF PUBLIC NOTICES. Subdivision 1. English language. All public notices shall be printed or otherwise disseminated in the English language. Subd. 2. Time of notice. Unless otherwise specified by law, or by order of a court, publication of a public notice shall be as follows: Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 331A.05 MINNESOTA STATUTES 2016 (a)the notice shall be published once; (b)if the notice is intended to inform the public about a future event, the last publication shall occur not more than 30 days and not less than seven days before the event; (c) if the notice is intended to inform the public about a past action or event, the last publication shall occur not more than 45 days after occurrence of the action or event. Subd. 3. Type face. Except as otherwise directed by a particular statute requiring publication of a public notice or by order of a court, a public notice shall be printed in a type face no smaller than six point with a lowercase alphabet of at least 90 points. Larger type faces may be used. Subd. 4. Title or caption. Every public notice shall include a bold face title or caption in a body type no smaller than brevier or eight point referring to the content of the notice. Larger type faces may be used. Subd. 5. Local options. The governing body of a political subdivision may, to better inform the public, increase the frequency of publication of a public notice beyond the minimum required by a particular statute. It may use forms and styles for the notice as it deems appropriate, including the use of display advertisements and graphics. In addition to publication in the newspaper required to be designated under section 33 1A.04, it may publish or disseminate the notice in other newspapers and by means of standard and electronic mail. Regardless of whether a particular statute specifies 'legal notice," "public notice," "notice," or uses similar terms, the governing body may use whatever form for the published notice that it deems appropriate in order to adequately inform the public, subject to the requirements of sections 33 1A.0 1 to 33 1A. 11. Nothing in the foregoing provisions of this subdivision shall require the governing body of a political subdivision to use the options described. Subd. 6. Conflict of laws. Nothing in this section shall invalidate or affect any statutory or charter provision imposing additional or special qualifications for publication of particular notices or proceedings. Subd. 7. Errors in publication. If through no fault of the political subdivision, an error occurs in the publication of a public notice, the error shall have no effect on the validity of the event, action, or proceeding to which the public notice relates. Subd. 8. Notice regarding published summaries. If a political subdivision elects to publish a summary of the political subdivision's financial statement or proceedings as authorized by other law, it must include with the published summary a notice stating that a copy of the full version of the financial statement or proceedings other than attachments to the minutes is available without cost at the offices of the political subdivision or by means of standard or electronic mail: History: 1984 c 543 s 24; 1997 c 56 si; 2004 c 182 s 15-19; 2008 c 154 art 10 s 4 331A.06 RATES FOR PUBLICATION. Subdivision 1. Maximum rate. The maximum rate charged for publication of a public notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears, and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. Subd. 2. Rate increases. Notwithstanding subdivision 1, no newspaper may increase its rates for publication of public notices by more than ten percent per year, as compared to the maximum rate actually charged by the newspaper in the previous year for publication of public notices, and in any case the new Copyright 0 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 7 MINNESOTA STATUTES 2016 331A.09 rate shall not exceed the rate described in subdivision 1. Nothing in this section shall be interpreted to mean that such an increase is required. Subd. 3. Rate from competitive bidding. When the governing board of a political subdivision awards a contract for the publication of public notices based on competitive bidding, the rate established by the competitive bidding shall be the rate charged for publication of the public notices. Subd. 4. Publication at legal rate. When a statute refers to publication of a public notice at the legal rate the maximum rate shall be as provided in this section. Subd. 5. Multiyear publication contracts. Notwithstanding other law, a political subdivision may enter into multiyear contracts with a qualified newspaper for publication of the political subdivision's public notices. No multiyear contract maybe for a term longer than three years. History: 1984 c 543 s 25, 1985 c 174 s 2; 1994 c 465 art 2 s 18; 2004 c 182 s 20,21 331A.07 AFFIDAVIT OF PUBLICATION. No compensation shall be recoverable for publishing a public notice in any newspaper unless the bill is accompanied by an affidavit of the publisher of the newspaper or the publisher's designated agent, having knowledge of the facts, stating that the newspaper has complied with all the requirements to constitute a qualified newspaper. The affidavit must set forth the dates of the month and year and the day of the week upon which the public notice was published in the newspaper. The affidavit must also include the publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to section 331A.06. History: 1984 c 543 s 26; 1993 c 48 s 7; 2004 c 182 s22 331A.08 COMPUTATION OF TIME. Subdivision 1. Time for publication. The time for publication of public notices shall be computed to exclude the first day of publication and include the day on which the act or event, of which notice is given, is to happen or which completes the full period required for publication. Subd. 2. Time for act or proceeding. The time within which an act is to be done or proceeding had or taken, as prescribed by the rules of procedure, shall be computed by excluding the first day and including the last. If the last day is Sunday or a legal holiday the party shall have the next secular day in which to do the act or take the proceeding. Subd. 3. Publication of proceedings. Notwithstanding other statutory publication requirements, if the governing body of a political subdivision conducts regular meetings not more than once every 30 days, the governing body need not publish the meeting minutes in the official newspaper until ten days after the proceedings have been approved by the governing body. History: 1984 c 543 s 27; 2004 c 182 s 23 331A.09 PUBLICATION ON SUNDAY OR HOLIDAY. Any public notice may lawfully be printed in a newspaper published on a Sunday or holiday. Any notice that, by law or the order of any court, is required to be published for any given number of weeks may be Copyright 0 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 331A.09 MINNESOTA STATUTES 2016 published on any day in each week of the term, and if published as many weeks and as many times in each week as required by the law or order, it is a lawful publication. History: 1984 c 543 s 28; 2004 c 182 s 24 331A.10 CHANGE OF NAME OR DISCONTINUANCE OF NEWSPAPER. Subdivision 1. Change of name. When a public notice is required or ordered to be published in a particular newspaper and the name of the newspaper is changed before the publication is completed, the publication shall be made or continued in the newspaper under its new name with the same effect as if the name had not been changed. The proof of the publication, in addition to other requirements, shall state the change of name and specify the period of publication in the newspaper under each name. Subd. 2. Discontinuance. When a newspaper ceases to be published before the publication of a public notice is commenced, or when commenced ceases before the publication is completed, the order for publication, when one is required in the first instance, may be amended by order of the court or judge, to designate another newspaper, as may be necessary. If no order is required in the first instance, publication may be made or completed in any other qualified newspaper. Any time during which the notice is published in the first newspaper shall be calculated as a part of the time required for the publication, proof of which may be made by affidavit of any person acquainted with the facts. History: 1984 c 543 s 29; 2004 c 182 s 25 331A.11 APPLICATION. Subdivision 1. Application. Sections 331.01 to 331.11 apply to all political subdivisions of the state. Subd. 2. Notices excluded. Sections 331A.01 to 331A.1l do not apply to notices required by private agreements or local laws to be published in newspapers, unless they refer expressly or by implication to this chapter or to particular provisions of this chapter. History: 1984 c 543 s 30; 2004 c 182 s 26,27 331A.12 WEB SITE ADVERTISEMENT FOR TRANSPORTATION PROJECT BIDS. Subdivision 1. Definitions. (a) The terms defined in this subdivision and section 33 1A.01 apply to this section. (b) "Web site" means a specific, addressable location provided on a server connected to the Internet and hosting World Wide Web pages and other files that are generally accessible on the Internet all or most of the day. Subd. 2. Designation. At the meeting of the governing body of a political subdivision at which the governing body designates its official newspaper for the yea!; the governing body may designate in the same manner publication of transportation projects on the political subdivision's Web site. Publication on the Web site may be used in place of or in addition to any other required form of publication. Each year after designating publication on the Web site for transportation projects, the political subdivision must publish, in a qualified newspaper in the jurisdiction and on the Web site, notice that the political subdivision will publish any advertisements for bids on its Web site. Subd. 3. Form, time for publication same. A political subdivision that publishes on its Web site under this section must post the information in substantially the same format and for the same period of time as required for publication in an official newspaper or other print publication. Copyright 0 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 9 MINNESOTA STATUTES 2016 331A.12 Subd. 4. Record retention. A political subdivision that publishes notice on its Web site under this section must ensure that a permanent record of publication is maintained in a form accessible by the public. History: 1Sp2003 c 19 art 2 s 56; 2014 c 287 s 22 Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. City Council Agenda Item No. 6d COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Mana FROM: Sharon Knutson, City Clerk )AMt 4wd^^- DATE: January 3, 2017 SUBJECT: Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations Recommendation: It is recommended that the City Council consider adoption of a Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations. Background: As part of the City Council's goal of inclusiveness, one of the aspects was to recognize the various ethnic populations and their contributions as well as heritage celebrations. The proposed resolution would implement that Council policy by an inclusive list of celebrations and contributions in one resolution. We have avoided adopting individual resolutions, while wishing to participate in an inclusive fashion in recognizing the various ethnic and heritage celebrations that occur during the year. By adopting this resolution, the City acknowledges these many events that occur throughout the course of the year. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS WHEREAS, the City Council has established a goal to promote the inclusion of all residents in Brooklyn Center's community life by emphasizing opportunities to include all residents in the community's activities and plans; and WHEREAS, the City Council recognizes that its cultural composition has changed significantly over the past two decades, with its ethnic population over half of its total population; and WHEREAS, Brooklyn Center is strengthened by the rich cultural diversity of its people, and welcomes individuals of all races, religions, and cultural backgrounds; and WHEREAS, each individual brings a part of his or her own heritage and over time each heritage becomes part of our common heritage, leading us to become a more united people; and WHEREAS, the City Council recognizes the vital contributions ethnic populations have made to the strength and diversity of our community and recognizes their rich legacy of ingenuity, perseverance, and achievement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following heritage celebrations and all other heritage celebrations reflected in Brooklyn Center's population are recognized for the purpose of encouraging our citizens to learn more about the history of ethnic populations and how they have contributed to the culture and heritage of our community: February March March 25 April 14 May May May 17 (Syttende Mai) June June 6 September 15-October 15 October October 6 November African American History Month Irish-American Heritage Month Greek Independence Day Pan American Day Asian/Pacific American Heritage Month Jewish American Heritage Month Norwegian Constitution Day Caribbean-American Heritage Month Swedish National Day Hispanic Heritage Month Italian American Heritage Month German-American Day Native American Heritage Month RESOLUTION NO. January 9, 2017 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. Il(wLiNi1I Agenda1Item No. 61 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manag FROM: Sharon Knutson, City Clerk ^Iwm 46t DATE: January 3, 2017 SUBJECT: Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, Twin Lakes Joint Powers Organization, and Minneapolis Northwest Convention & Visitors Bureau Reco mmendation : It is recommended that the City Council consider adoption of a Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, Twin Lakes Joint Powers Organization, and Minneapolis Northwest Convention & Visitors Bureau. Background: The City of Brooklyn Center has entered into several Joint and Cooperative Agreements with various organizations. I have reviewed each of the joint powers agreements and identified those organizations whose agreements provide that appointment of directors be made by the governing body or by City Council resolution. Some of the agreements require annual appointment, some provide that a director is appointed until succeeded, and some provide that a certain position serve as the representative. A summary of each of the Joint and Cooperative Agreements can be found in Section VII of the City Council Reference Book. A resolution is attached for review and consideration. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION, PETS UNDER POLICE SECURITY, TWIN LAKES JOINT POWERS ORGANIZATION, AND MINNEAPOLIS NORTHWEST CONVENTION & VISITORS BUREAU WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of the Brooklyn Bridge Alliance for Youth on November 24, 2008, and Article III, Section 3.2, of the joint powers agreement states that each member appoints one member of its governing body as a voting Director, one Alternate Director, one Director from the City's Police Department, and one Director from the City's Parks and Recreation Department; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Hennepin Recycling Group on August 1, 1988, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Local Government Information Systems (LOGIS), on May 1, 1972, and Article IV, Section 1, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of the North Metro Mayors Association on June 26, 1989, and the joint powers agreement states that the governing body of a member appoints two directors, one of whom shall be the City Manager or other designee; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Northwest Hennepin Human Services Council on December 8, 1975, and Article IV, Section 3, of the joint powers agreement states that the governing body of a party appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Northwest Suburbs Cable Communications Commission on September 24, 1979, and Article VI, Section 1, of the joint powers agreement states that the City Council of a member appoints Commissioners; and RESOLUTION NO. WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Pets Under Police Security (PUPS) on September 10, 1990, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Twin Lakes Joint Powers Organization on January 14, 1991, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the North Metro Convention and Tourism Bureau, now known as Minneapolis Northwest Convention & Visitors Bureau, on September 8, 1986, and Article IV, Section 2, of the bylaws states that each member City may appoint one Director and one Alternate Director to the Board of Directors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved: Brooklyn Bridge Alliance for Youth, Member Brooklyn Bridge Alliance for Youth, Alternate Member Brooklyn Bridge Alliance for Youth, Police Brooklyn Bridge Alliance for Youth, Parks and Recreation Hennepin Recycling Group, Director Hennepin Recycling Group, Alternate Director Local Government Information Systems (LOGIS), Director Local Government Information Systems (LOGIS), Alternate Director Minneapolis Northwest Convention & Visitors Bureau, Director Minneapolis Northwest Convention & Visitors Bureau, Alternate Director North Metro Mayors Association, Director - City Manager North Metro Mayors Association, Director Northwest Hennepin Human Services Council, Director Northwest Hennepin Human Services Council, Alternate Director Northwest Suburbs Cable Communications Commission, Council Northwest Suburbs Cable Communications Commission, Resident Pets Under Police Security, Director Pets Under Police Security, Alternate Director Twin Lakes Joint Powers Organization, Director Twin Lakes Joint Powers Organization, Alternate Director Tim Willson Dan Ryan Tim Gannon Jim Glasoe Curt Boganey Andrew Hogg Curt Boganey Patty Hartwig Tim Willson Dan Ryan Curt Boganey Tim Willson Curt Boganey Deputy City Manager Tim Willson Vacant Richard Gabler Garett Flesland Tim Gannon Tony Gruenig RESOLUTION NO. January 9, 2017 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. 6f EL COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City FROM: Sharon Knutson, City Clerk DATE: January 3, 2017 SUBJECT: Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees. Background: Article V of the Brooklyn Center Firefighters Relief Association Bylaws states, ARTICLE V BOARD OF TRUSTEES 5.1 Composition. The Board of Trustees shall consist of nine (9) members. Six (6) trustees shall be elected from the membership of the relief association. There shall be three (3) officials drawn from the Municipality. The three (3) Municipal Trustees must be one (1) elected municipal official and one (1) elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. The Municipal Trustees must be designated annually by the city council of the Municipality. A resolution is attached for review and consideration. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING MUNICIPAL TRUSTEES TO THE BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION BOARD OF TRUSTEES WHEREAS, Article V of the Brooklyn Center Firefighters Relief Association Bylaws states that the Board of Directors shall consist of three (3) officials drawn from the Municipality; and WHEREAS, the three (3) Municipal Officials must be one (1) elected municipal official and one (1) elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually, and the chief of the municipal fire department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved for 2017: Elected Municipal Official Tim Willson Elected or Appointed Municipal Official Nathan Reinhardt Fire Chief Jeremy Hulke January 9, 2017 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. 6g [S[I1IJ[SJ I U N 3k'A U I DIhY'A (I) 1II I1SJk I DATE: January 9, 2017 TO: Curt Boganey, City Manag FROM: Nathan Reinhardt, Finance Director (V SUBJECT: Depository Resolution Recommendation: It is recommended that the City Council consider adoption of the attached resolution designating depositories for the 2017 fiscal year. Background: At the beginning of each fiscal year, in accordance with Minnesota Statutes 11 8A.02 and City Council Policy 2.22.4.A, the City Council considers a resolution authorizing depositories for City funds. The resolution includes banks with a presence in Brooklyn Center as well as any banks with whom the City deals on a regular basis throughout the year. The attached resolution designates banks which may not currently hold City funds but which may during the fiscal year, become a depository for City funds. Other financial depositories, such as the 4M Funds, are included because we are members of those depositories. Not all investment dealers/brokers are part of the City's current program but are authorized, after filing the appropriate Broker Certification Form, a requirement of Minnesota Statutes 11 8A, to transact business with the City of Brooklyn Center. If the City has no contact or activity with a dealer/broker during the previous fiscal year, that firm is removed not included in the succeeding year's list. All banks, depositories, investment dealers and brokers, with the exception of the Federal Reserve Bank of Minneapolis, are checked for certification by FDIC, SIPC or other certification as required by Minnesota Statutes 11 8A. All of this documentation is reviewed by the City's auditors during the financial statement audit each year. Budget Issues: There is no direct financial impact on the City. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive COJnnUIJIIty 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 DESIGNATING DEPOSITORIES OF CITY FUNDS WHEREAS, Section 7.01 of the City Charter provides the City Council with authority over City funds that includes the safekeeping and disbursement of public monies; and WHEREAS, Section 7.10 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the City Manager and City Treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1.That US Bank, NA is hereby designated as a depository for funds of the City of Brooklyn Center for operational banking and investment purposes. 2.That the following named bankers and brokers are hereby designated as additional depositories to be used for investment purposes: Federal Reserve Bank of Minneapolis Wells Fargo Bank, N.A. Minnesota Municipal Money Market Fund (4M Fund) Minnesota Municipal Money Market Plus Fund (4M Plus Fund) Minnesota Municipal Money Market Time Series Pools (4M Time Series) Northland Securities Oppenheimer & Co., Inc UBS Financial Services Wells Fargo Advisors, LLC The City Treasurer is hereby authorized to deposit funds in accounts guaranteed by the Federal Deposit Insurance Corporation (FDIC), the Securities Insurance Protection Corporation (SIPC), successors of the FDIC or SIPC or other governmental institutions insuring the safety and liquidity of public monies. Funds deposited with designated depositories in excess of the insurance limits available through FDIC, SIPC or its successor institutions shall be covered by collateral in the form of government securities held in the City's name or other collateral proposed by the institution and approved by the City of not less than 110% of the value of the uninsured deposits. RESOLUTION NO. 3.That the following named clearinghouses for credit card transactions are hereby designated for accepting payments: Signapay of MN, LLC Wells Fargo Merchant Services Elavon Incorporated Sage Payment Solutions 4.Wells Fargo Institutional Trust Services is hereby designated as the safekeeping depository for investment instruments in the City's investment portfolio and as clearinghouse for the City's investment portfolio transactions. 5. That the City Council authorizes the City Manager, the City Treasurer, or the Deputy City Treasurer to act for the City in all of its business activities with these designated depositories. January 9, 2017 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 Couac1 VAg end auItem No. 6h iI[I1iJ[iJ I U N I D1 'A U'A I M'A 0) 1I fljJA I DATE: January 9, 2017 TO: Curt Boganey, City Manage4 FROM: Nathan Reinhardt, Finance Director SUBJECT: Corporate Resolution Recommendation: It is recommended that the City Council consider adoption of the attached resolution granting the City Manager, Finance Director and Assistant Finance Director the authority to transact financial business matters for the City of Brooklyn Center. Background: Many investment firms require the adoption of a resolution by the corporate board, in this case the City Council, authorizing specific officers to transact financial business involving treasury notes, certificates of deposit and other securities. The attached resolution fulfills that requirement by appointing the City Manager, the Finance Director, who serves as the City Treasurer, and the Assistant Finance Director, who serves as the Deputy City Treasurer, as the officers authorized to transact such business. Budget Issues: There are no budget issues to consider. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the pit blic trust Member introduced the following resolution and moved its adoption: RESOLUTION NO RESOLUTION GRANTING CORPORATE AUTHORITY FOR SIGNING OF CHECKS AND TRANSACTION OF FINANCIAL BUSINESS MATTERS WHEREAS, the City Treasurer must be a signatory to any and all checks issued by the City in payment of obligations of the City; and WHEREAS, specific individuals must be designated by the City Council as authorized to sell, assign and endorse for transfer various financial instruments in the regular conduct of City business. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Cornelius L. Boganey, City Manager, Nathan Reinhardt, Finance Director and Andrew Splinter, Assistant Finance Director, are hereby authorized to sell, assign and endorse for transfer certificates representing treasury notes, bonds, or other securities now registered or hereafter registered in the name of this municipality. January9,2017 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. 6i [IBA'LIJ I U I N ak'A U I ak 0) UI P1IJ'A I DATE: January 9, 2017 TO: Curt Boganey, City Manage FROM: Nathan Reinhardt, Finance DirectorfW- SUBJECT: Statutory Tort Liability Limits Recommendation: It is recommended that the City Council consider approval/adoption of the attached resolution adopting the no waiver option for statutory tort liability insurance. Background: Each year the City must chose whether to waive tort liability limit protections of Minnesota Statutes 466.04 as part of the insurance policy renewal application process. M.S. 466.04 states that the maximum liability for a city for any claim arising after January 1, 2010 is $500,000 with an aggregate maximum of $1,500,000 per incident. In past years the City Council has chosen not to waive the liability limits and the regular premium for insurance has covered all claims. If the City were to waive the limits set by statute, it would be prudent to purchase additional insurance coverage to cover possible higher awards in liability claims. Premiums for such insurance would be approximately $9,000 per year. Budget Issues: The 2017 budget anticipates leaving the no waiver option in place for 2017 and has anticipated insurance premiums based on that no waiver option. Waiving the statutory limits would require that at approximately $9,000 in additional premium costs be allocated for 2017 and in each succeeding year. Strategic Priorities: • Key Infrastructure Investments J1iission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION OPTING NOT TO WAIVE LIMITED TORT LIABILITY FOR 2017 WHEREAS, the City of Brooklyn Center has an option to waive its protection under the tort liability limitation contained in Minnesota Statutes 466.04; and WHEREAS, the statutory tort limit for 2017 is $500,000 per individual with an aggregate of $1,500,000 per incident; and WHEREAS, the City of Brooklyn Center has not opted to waive its rights to limited tort liability in past years and is required to make a declaration of its intention every year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04 for 2017. January 9, 2017 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. 6 i[I1IJ[J I fl V Mh'2 Ih'A I &'4 (I) t11I flflh'A I DATE: January 9, 2017 TO: Curt Boganey, City Manag FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Resolution Calling for a Public Hearing Regarding Proposed Use of 2017 Urban Hennepin County Community Development Block Grant Funds Recommendation: It is recommended that the City Council consider adoption of the Resolution Calling for a Public Hearing Regarding Proposed Use of 2017 Urban Hennepin County Community Development Block Grant Funds. Background: This agenda item provides for a Public Hearing for the City's annual Community Development Block Grant (CDBG) program. This Public Hearing is required for participation in the CDBG program. If this resolution is adopted, the Public Hearing will be scheduled for February 13, 2017. Brooklyn Center is one of 40 Hennepin County cities participating in the Urban Hennepin County CDBG program. In the program, federal dollars from the Department of Housing and Urban Development (HUD) are allocated to the County and are dispersed to the participating cities on a formula basis. At the time of preparation of this memorandum, the final funding amount for 2017 had not been determined. Hennepin County provided and estimate of the 2017 CDBG allocation amounts for consideration for 2017 until the final amount is determined. Therefore, the City of Brooklyn Center should use $255,616 as its preliminary estimate for its 2017 CDBG allocation. ADMINISTRATIVE REQUIREMENTS Pursuant to program requirements, each city receiving a CDBG allocation is limited of up to 15 percent cap on public service projects. Based on the estimated allocation for 2017, continued funding of these programs the estimated $255,616 would mean that the maximum dollar amount allocated to public service activities may not exceed $3 8,342. Please note that this number will likely change when the 2017 allocation is determined. In addition, the City is not required to allocate any funding to public service projects. PUBLIC HEARING AND HEARING NOTICE A resolution calling for a Public Hearing for the 2017 CDBG program is included with this memorandum. The required Public Hearing Notice has been prepared and includes an allocation for continued funding of neighborhood service projects at the 15% cap, funding for the code enforcement initiative at $150,000 and the remainder of funding for the City's Housing Mission: Ensurh ^g an attractive, dean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I[S1SJ[1 I N I I k'A U I MhYA (I) 1I )1IJkiI Rehabilitation program. The resolution prepared for City Council consideration with this memorandum, establishes the date of February 13, 2017 as the Public Hearing date for the City's 2017 CDBG program. Hennepin County requires that specific dollar amounts be specified in the hearing notice and that the City's 2017 CDBG program be submitted to Hennepin County by February 24, 2017. The Public Hearing Notice does not commit the City to funding any specific CDBG activity at this time. Further, the CDBG activities and dollar amounts allocated to them can be revised at the Public Hearing on February 13, 2017, or at any time within the 2017 CDBG program year upon conducting a Public Hearing to amend the City's CDBG program. The process to solicit requests for CDBG funding begins in January. Additional background information regarding 2017 CDBG requests for funding will be submitted with Council packets for the February 13, 2017 Public Hearing. Budget Issues: Since the Federal fiscal year for CDBG operations from July 2017 to July 2018, part of the 2017 CDBG program is reflected in the 2017 Annual City Budget. The programming of the 2017 CDBG funds for neighborhood revitalization code enforcement is consistent with the City's 2017 approved budget. Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, cicini, SaJ2, inclusive coiniininiiy 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 CALLING FOR A PUBLIC HEARING REGARDING PROPOSED USE OF 2017 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, Brooklyn Center is one of 40 Hennepin County communities that are members of the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Brooklyn Center has been notified by Hennepin County that its preliminary estimated allocation for the 2017 Urban Hennepin County CDBG Program is $259,455; and WHEREAS, a Public Hearing regarding the proposed use of 2017 Urban Hennepin County Community Development Block Grant funds is a requirement of the CDBG Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1.A Public Hearing regarding the proposed use of 2017 Urban Hennepin County Community Development Block Grant funds will be held at the reguIr1y scheduled Brooklyn Center City Council meeting on February 13, 2017, at approximately 7 p.m. or as soon thereafter as the matter may be heard. 2.Staff is authorized and directed to publish the attached Notice of Public Hearing on the proposed use of 2017 Urban Hennepin County Community Development Block Grant funds in the City's official newspaper not later than ten days prior to February 13, 2017, 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. [iII1IJOJ IU U U MhYA I'A I k"A [I) 1.II IlUk'A I DATE: January 9, 2017 TO: Curt Boganey, City Manager FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Resolution Calling for a Public Hearing Regarding Proposed Use of 2017 Urban Hennepin County Community Development Block Grant Funds Recommendation: It is recommended that the City Council consider adoption of the Resolution Calling for a Public Hearing Regarding Proposed Use of 2017 Urban Hennepin County Community Development Block Grant Funds. Background: This agenda item provides for a Public Hearing for the City's annual Community Development Block Grant (CDBG) program. This Public Hearing is required for participation in the CDBG program. If this resolution is adopted, the Public Hearing will be scheduled for February 13, 2017. Brooklyn Center is one of 40 Hennepin County cities participating in the Urban Hennepin County CDBG program. In the program, federal dollars from the Department of Housing and Urban Development (HUD) are allocated to the County and are dispersed to the participating cities on a formula basis. At the time of preparation of this memorandum, the final funding amount for 2017 had not been determined, Hennepin County provided and estimate of the 2017 CDB G allocation amounts for consideration for 2017 until the final amount is determined. Therefore, the City of Brooklyn Center should use $255,616 as its preliminary estimate for its 2017 CDBG allocation. ADMINISTRATIVE REQUIREMENTS Pursuant to program requirements, each city receiving a CDBG allocation is limited of up to 15 percent cap on public service projects. Based on the estimated allocation for 2017, continued funding of these programs the estimated $255,616 would mean that the maximum dollar amount allocated to public service activities may not exceed $38,342. Please note that this number will likely change when the 2017 allocation is determined. In addition, the City is not required to allocate any funding to public service projects. PUBLIC HEARING AND HEARING NOTICE A resolution calling for a Public Hearing for the 2017 CDBG program is included with this memorandum. The required Public Hearing Notice has been prepared and includes an allocation for continued funding of neighborhood service projects at the 15% cap, funding for the code enforcement initiative at $150,000 and the remainder of funding for the City's Housing Mission: Ensuring an aliradive, cleuni, safe, iJzclusiPe coiiuflhlIUtJ' that enhances the quality of!fe for all people aJUlpreser3'es the public trust [I[I11k1ii t fl V I D1YA U I 3 (I) 1I WJ I Rehabilitation program. The resolution prepared for City Council consideration with this memorandum, establishes the date of February 13, 2017 as the Public Hearing date for the City's 2017 CDBG program. Hennepin County requires that specific dollar amounts be specified in the hearing notice and that the City's 2017 CDBG program be submitted to Hennepin County by February 24, 2017. The Public Hearing Notice does not commit the City to funding any specific CDBG activity at this time. Further, the CDBG activities and dollar amounts allocated to them can be revised at the Public Hearing on February 13, 2017, or at any time within the 2017 CDBG program year upon conducting a Public Hearing to amend the City's CDBG program. The process to solicit requests for CDBG funding begins in January. Additional background information regarding 2017 CDBG requests for funding will be submitted with Council packets for the February 13, 2017 Public Hearing. Budget Issues: Since the Federal fiscal year for CDBG operations from July 2017 to July 2018, part of the 2017 CDBG program is reflected in the 2017 Annual City Budget. The programming of the 2017 CDBG funds for neighborhood revitalization code enforcement is consistent with the City's 2017 approved budget. Strategic Priorities: Enhanced Community Image Mission. Ensuring an attractive, clean, sq/c, 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 CALLING FOR A PUBLIC HEARING REGARDING PROPOSED USE OF 2017 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, Brooklyn Center is one of 40 Hennepin County communities that are members of the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Brooklyn Center has been notified by Hennepin County that its preliminary estimated allocation for the 2017 Urban Hennepin County CDBG Program is $259,455; and WHEREAS, a Public Hearing regarding the proposed use of 2017 Urban Hennepin County Community Development Block Grant funds is a requirement of the CDBG Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1.A Public Hearing regarding the proposed use of 2017 Urban Hennepin County Community Development Block Grant funds will be held at the regularly scheduled Brooklyn Center City Council meeting on February 13, 2017, at approximately 7 p.m. or as soon thereafter as the matter may be heard. 2.Staff is authorized and directed to publish the attached Notice of Public Hearing on the proposed use of 2017 Urban Hennepin County Community Development Block Grant funds in the City's official newspaper not later than ten days prior to February 13, 2017. 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. NOTICE OF PUBLIC HEARING CITY OF BROOKLYN CENTER 2017 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given that the City of Brooklyn Center in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a Public Hearing on February 13, 2017, at 7 p.m. or as soon thereafter as the matter may be heard, at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The Public Hearing is about the housing and community development needs and the City's proposed use of the estimated 2017 Urban Hennepin County Community Development Block Grant Program planning allocation of $255,616. The Public Hearing is being held pursuant to MS 471.59. The City of Brooklyn Center is proposing to undertake the following activities with 2017 Urban Hennepin County CDBG funds starting on or about July 1, 2017, based on appropriations in 2016. Activity Budget Rehab of Private Property $67,274 Public Service Agencies $38,342 Neighborhood Revitalization $150,000 For additional information about the priorities, proposed activities, level of funding and program performance, contact the City of Brooklyn Center at 763-569-3300 or the Hennepin County Housing Department at 612-348-9260. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. City Council Agenda Item No0 6k :.isJisi I U I IYA LA I Dk'A 0) 9 1I 1 JYA1 DATE: December 29, 2016 TO: Curt Boganey, City Manag FROM: Kelli Wick, Human Resources Director SUBJECT: Labor Agreement Public Works Maintenance Employees 2017-2018 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, 2017— December 31, 2018. Background: The current contract with the subject expired on December 31, 2016. 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 2017 Full-time employees Effective 1/1/17, the City will contribute payment of one thousand one hundred twenty-four dollars ($1,124) 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 1/1/17, 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. Reopener for 2018. Article 28 - Wage Schedule Two (2%) increase plus a $.50/hour market adjustment for 2017 effective January 1, 2017 Two (2%) increase plus a $.15/hour market adjustment for 2018 effective January 1, 2018 Article 32 - Duration Two year labor agreement January 1, 2017— December 31, 2018. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [Ei1lJ[iJ I I I ak SL' I 3I'4 (I) 111 I1IJ I Budget Issues: In 2017 the cost of the wage adjustment is approximately $62,300. There is no increase in the City's insurance contribution as it is remaining the same as 2016. The 2017 budget appropriates sufficient funds to cover this expense. Strategic Priorities: . Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive coinnwnity 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 2017-2018 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 2017-2018 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 2017-2018; 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, 2017. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Labor Agreement Between the City of Brooklyn Center And the International Union of Operating Engineers (IUOE) Local No. 49 January 1, 2017 - December 31, 2018 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 1 79A. 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 inform 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 3 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 may be 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 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 Pay 18.1 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 Works 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 Works 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 Works 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. 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 Employeô, 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. 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 2017 Full-time employees Effective 1/1/17, the City will contribute payment of one thousand one hundred twenty- four dollars ($1,124) 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 1/1/17, 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 Reopener for 2018. 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, 2017 (2% + $0.50/hour market adjustment Maintenance III $29.06 Maintenance II $27.70 Step $25.91 Step 2 $24.15 Step 1 $22.39 Start $20.61 Mechanic $29.06 Night Service Person $27.70 Effective January 1, 2018 (2% + $0.15/hour market adjustment Maintenance III $29.79 Maintenance II $28.40 Step 3 $26.58 Step 2 $24.78 Step 1 $22.99 Start $21.17 Mechanic $29.79 Night Service Person $28.40 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 #950B 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. 1.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 PEHSCP 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. 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, 2017, and shall remain in full force and effect until the 31st day of December 2018. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _______ day of 2017. 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 61 [EI1lJ[iJ I V N aI LA I 3hYA o iiu asii DATE: I December 19, 2016 TO: Curt Boganey, City Manag FROM: Tim Gannon, Chief of Police' SUBJECT: Resolution establishing the City Fee Schedule for Transient Accommodation's licenses. Recommendation: It is recommended that the City Council consider approval/adoption of a Resolution creating the City Fee Schedule for Transient Accommodation's licenses. Background: On November 18, 2016 the City Council unanimously approved an ordinance licensing Transient Accommodations, a provision of that ordinance requires the City Council to establish a licensing fee structure. The ordinance called for three separate tiers or types of licensing. A Type I license had a fee of $150, Type II license was $200, and the Type III was $300. The fees are not established to be punitive but are reflective of the amount of city services required to oversee and hold accountability those businesses that utilize more police services. Budget Issues: Since the City has not previously licensed Transient Accommodation businesses there will be no impact on the City budget. There is a potential for additional revenue to offset costs related to the police calls for service reviews completed by the Police Department. Strategic Priorities: Community Image 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 AMENDING THE CITY FEE SCHEDULE TO ADD LICENSE FEES FOR TRANSIENT ACCOMADATIONS WHEREAS, on November 28, 2016, the City Council adopted Ordinance NO. 2016-12 amending Chapter 23 of the City Code of Ordinances Relating to the licensing of Transient Accommodations; and WHEREAS, Section 232405 of Chapter 23 of the City Code of Ordinances provides that the City Council shall establish by resolution licensing fees for Transient Accommodations; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following Transient Accommodation licensing fees are hereby established: Transient Accommodation License Type I $150 Type II $200 Type III $300 BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that this resolution shall be effective January 21, 2017. January 9, 2017 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. 7a Member introduced the following resolution and moved its adoption: RESOLUTION NO.___________ RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF LIN MYSZKOWSKI FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER WHEREAS, Lin Myszkowski served as a member of the Brooklyn Center City Council from January 31, 2012, through December 31, 2016; and WHEREAS, her service to the City and her consistent leadership have contributed substantially to the sound progress and development of the city; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her services and achievements be permanently recognized and expressed. NOW, THEREFORE, BE IT. RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Lin Myszkowski is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service she has rendered and the benefits she has secured to the citizens of the city of Brooklyn Center. January 9, 2017 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. 7h Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF REX NEWMAN FOR HIS DEDICATED PUBLIC SERVICE ON THE NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION WHEREAS, Rex Newman served on the Northwest Suburbs Cable Communications Commission from February 27, 2012, through December 31, 2016; and WHEREAS, his amiable personality and knowledge made him an effective consumer advocate and a steadfast supporter of quality local cable programming; and WHEREAS, his leadership and expertise have been greatly appreciated by the Northwest Suburbs Cable Communications Commission; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Rex Newman is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service he has rendered to the citizens of Brooklyn Center. January 9, 2017 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 Hem No 7 [I1IJ[iJ I I N MI7A U'A I M'A (I] 1I I1IJ I DATE: January 3rd 2017 TO: Curt Boganey, City Managa, FROM: Jeremy Hulke, Fire Chief QT- SUBJECT: Resolution Recognizing the Designation of Brooklyn Center High School as a Heart Safe Campus Recommendation: It is recommended that the City Council consider approval of a resolution recognizing the accomplishment of Brooklyn Center High School being designated as a Heart Safe Campus. Background: Between May 9 and June 6, 2016, Brooklyn Center Heart Safe participated in a joint venture with Coon Rapids Heart Safe, Brooklyn Center Police and Fire, Minnesota Sudden Cardiac Arrest Network and Medtronic's "Mission in Motion" program to train every Brooklyn Center High School student in grades 6-12 (approximately 820 students) in "hands only" CPR and AED use. This training occurred over a total of three sessions. Students received 45 minutes of academic instruction on the signs, symptoms and recognition and the immediate treatment of sudden cardiac arrest on May 9. Students completed the hands on portion of the training using both of the school gyms and over 30 volunteer instructors. Each student performed one minute of compression only CPR to the satisfaction of the instructor. As a result, Brooklyn Center High School became the first junior and senior high school campus in Minnesota to achieve this designation. Representatives from Heart Safe Minnesota will make the official presentation to Brooklyn Center High School at the council meeting. Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced community image and to ensure a safe, secure community. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION IN SUPPORT OF RECOGNIZING BROOKLYN CENTER HIGH SCHOOL AS A HEART SAFE CAMPUS WHEREAS, three training sessions were conducted to train Brooklyn Center High School students in grades 6-12 (approximately 820 students), staff and coaches in bystander "hands only" only CPR and AED use; and WHEREAS, Brooklyn Center High School was the first in the State of Minnesota to be designed as Jr. and Sr. High Heart Safe Campus; and WHEREAS, this training was a joint venture of Brooklyn Center School District, Brooklyn Center Police and Fire working as Heart Safe Brooklyn Center, Coon Rapids Heart Safe, Minnesota Sudden Cardiac Arrest Network, and Medtronic's "Mission in Motion" program; and WHEREAS, Brooklyn Center High School's designation as a Heart Safe Campus aids in the goal of the City of Brooklyn Center becoming a Heart Safe Community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Brooklyn Center High School is recognized for its achievement of the designation of being a Heart Safe Campus. 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. 7d [EI1IJ[SJ I N V MTA UYA I MYA (I) 1'WI i1IJk I DATE: January 3ti, 2017 TO: Curt Boganey, City Manag FROM: Jeremy 1-lulke, Fire Chief 00? SUBJECT: Resolution Recognizing the Designation of Brooklyn Center as a Heart Safe Community Recommendation: It is recommended that the City Council consider approval of a resolution recognizing Brooklyn Center as a Heart Safe Community. Background: For the past year Brooklyn Center Fire and Police have worked together as Heart Safe Brooklyn Center. To achieve the designation of a Heart Safe Community, Heart Safe Brooklyn Center has met the criteria set forth by Heart Safe Minnesota, the American Heart Association, Minnesota Department of Health and a team of state-wide organizations. The city's Heart Safe Program includes the following: • Community awareness in Sudden Cardiac Arrest (SCA) • "Hands Only" CPR and Automated External Defibrillator (AED) training • AED placement and mapping within the community • Access to rapid emergency services and progressive hospital systems. Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image 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 RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A HEART SAFE COMMUNITY WHEREAS, the City of Brooklyn Center is committed to continued sudden cardiac arrest CPR and AED training; and WHEREAS, the State of Minnesota Heart Safe Committee has designated the City of Brooklyn Center as a Heart Safe Community; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The City Council hereby recognizes and accepts the designation of the City of Brooklyn Center as a Heart Safe Community. 2.The City Council reaffirms its commitment to support the Heart Safe Brooklyn Center Program and its continued efforts to train and educate the citizens and businesses in CPR, AED and in identifying Sudden Cardiac Arrest. 3. The City Council commends Brooklyn Center residents, businesses and staff for their continued interest, participation and training in becoming a safer community to live, work and play. January 9, 2017 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. lOa City C©ill Agenda- llm N©Q 10i #1 k'4 I øIV'A (I] 1WI lSJh'A EI1IJ[iJ I %'LI) 1 1i1OA1 DATE: January 5, 2017 TO: Curt Boganey, City Manager&5 FROM: Reggie Edwards, Interim Assistant to the City Manager SUBJECT: Discussion of 2017 Brooklyn Center State Legislative Issues Recommendation: It is recommended that the City Council consider discussing, modifying if necessary and indicating consensus on the Initial 2017 Brooklyn Center State Legislative Agenda. It is understood that that the Council may add or modify the list of legislative issues before the end of the 90thi Minnesota State Legislative Session or no later than May 22, 2017. Background: The City of Brooklyn Center historically prepares a legislative agenda to be presented and advocated for at the Minnesota State Legislature. The most recent Minnesota legislative session opened on Tuesday, January 3, 2017. Staff has developed a preliminary list (See Attachment) of state legislative issues to be considered by the Council. The issues were developed based upon: • Identification of unresolved 2016 Brooklyn Center State Legislative Issues • Review of the League of Minnesota Cities state policies for 2017 • Identification of key issues by departments Staff leadership identified issues that are critical to the success of the City. Strategies for moving these issues forward may include: • Partnering with North Metro Mayor's Association • Meeting directly with MN Senators and Representatives that represent Brooklyn Center • Dissemination of a legislative literature piece to Legislators The 90th Minnesota Legislative Session is scheduled to end no later than May 22''. Budget Issues: None Policy Issues: Is there a consensus of the Council to accept the Preliminary 2017 Brooklyn Center Legislative Agenda, with the understanding that the Council may add or modify the list of legislative issues before the end of the 90th Minnesota State Legislative, or before May 22, 2017? Strategic Priorities: All Mission: Ensuring an attractive. ck'au, safe, inclusive community that enhances the qnalit,v of lifi? fir all people anti preserves the public trust City of Brooklyn Center 2017 State Legislative Issues Administration • BCLG 01-2017 (Official Notifications / Information Access) - The City of Brooklyn Center supports the State eliminating outdated and unnecessary publication requirements that are no longer relevant or representative of the City's technological capabilities. Justification - Currently the State has laws mandating the City establish an "official" or "qualified" newspaper for formal city notifications. The laws specifies that designated of only "one" newspaper, it must be printed in English and if it is a daily newspaper it must be distributed at least five days each week, etc. While the notification standards established in 1949 were well intended the may not be complete or applicable to contemporary methods of communication or cost efficient. • BCLG 02-2017 (Election Judge Recruitment and Retention) - The City of Brooklyn Center supports efforts by the State to amend regulations to eliminate the party balance requirement of appointed and hired staff administering absentee balloting prior to Election Day and for city special elections, as well as, authorize college students to get time off from classes if they have been appointed to serve as an election judge. Justification - City elections are non-partisan and govern elections in a non-partisan manner. One of the City's strategic priorities is "community engagement across all segments of the City". The City desires to engage as many residents as possible in the election process. Housing and Development o BCLG 03-2017 (Building Officials) - The City of Brooklyn Center supports efforts of the State to increase training for new and diverse building officials, and provide sufficient education to help local officials administer and enforce construction regulations. Justification -The City has established city priorities related to resident economic stability and a value of diversity and inclusion. There is a shortage of building officials in the State and greater shortage of building officials of color. Sufficient funding and support by the state would permit the City and other cities to have access to a broader pool of candidates for building official in the future. Business and Economic Development/CARS o BCLG 04-2017 (Youth Tax Credit) - The City of Brooklyn Center supports efforts by the State to create an internship to work tax credit for organizations hosting young workers in Brooklyn Center. This type of tax credit program exists now, but is targeted to Greater Minnesota. Justification - One of the City's strategic priorities is "strengthening and empowering youth". This program would provide an incentive for businesses to participate in the BrookLynk Program of the Brooklyn Bridge Alliance. o BCLG 05-2017 (Workforce Readiness) - The City of Brooklyn Center supports efforts of the State to fully fund Minnesota Job Skills Partnership and other workforce training programs. The City also, supports the State providing flexible funding to local workforce councils and pursuing Page 1 of 4 City of Brooklyn Center 2017 State Legislative Issues creative programming and funding. Finally, the City supports efforts to design and implement programs designed to address youth employment and workforce readiness. Justification - One of the City's strategic priorities is "strengthening and empowering youth". This program would provide an incentive for businesses to participate in the BrookLynk Program of the Brooklyn Bridge Alliance. This effort would also, support the City's strategic priority of "Resident Economic Stability". BCLG 06-2017 (Tax Increment Financing - TIF) -The City of Brooklyn Center supports efforts of the State to increase the ability of TIF to facilitate redevelopment and housing activities; allow term extensions for redevelopment districts, which are taking longer to develop; amend Minn. Stat. § 469.1763, subd. 3 to eliminate the "Five-year Rule" for districts that are taking longer to develop; and modify the housing district income qualification level requirements to allow the levels to vary according to individual communities. Justification - The City would benefit by having the ability to extend the term for its redevelopment districts, which could have a positive impact on the financial stability and effectiveness of the districts. BCLG 07-2017 (Land Recycling and Redevelopment) - The City of Brooklyn Center supports the creation of a "land assembly grant or loan program" to assist cities and economic development authorities assemble small parcels for redevelopment. Also, the City supports efforts by the State to amend the definition of redevelopment district under TIF Act to include the obsolescence and incompatible land use. Justification - Due to the City being a fully developed city, the City would benefit from more resources and greater flexibility of existing economic development tools to redevelopment deteriorated, obsolete and vacant structures and contaminated land. Community Development - None CARS/Parks and Recreation - • BCLG 04-2017 (Youth Tax Credit) - Same as Business Development • BCLG 05-2017 (Workforce Readiness) - Same as Business Development Tourism - None Financial BCLG 08-2017 (Metro Area Fiscal Disparities) - The City of Brooklyn Center supports efforts by the State to continue its support for Metro Area Fiscal Disparities. Justification - Brooklyn Center was once a net contributor to the Fiscal Disparities pool. Today as a net recipient, Fiscal Disparities is a major factor contributing to the fiscal stability of the City and our taxpayers. Justification - Without Fiscal Disparities the property tax burden in Brooklyn Center would escalate dramatically, perhaps more than 25%. Page 2 of 4 City of Brooklyn Center 2017 State Legislative Issues BCLG 9-2017 (Sales Tax Exemption Simplification) - We advocate for a way to simplify the utility of the current sales tax exemption for construction materials. The process for using the current sales tax exemption on construction is so complicated, risky, and burdensome to contractors and cities (article enclosed) that we are aware of no city that has decided to use this exemption. Justification - In Brooklyn Center we estimate savings of $300-$400 thousand annually for our neighborhood construction projects if the sales tax exemption was viable. This issue would have saved the City significant resources with the construction of the Water Treatment Plant and remodeling of City Hall had it been in place. • BCLG 10-2017 (Local Government Aid - LGA) - The City of Brooklyn Center supports the States continued funding of LGA and the existing LGA funding formula as an appropriate mechanism to distribute LGA and opposes special funding using LGA funds. Justification - LGA has been cut for many years. The City's budget stability continues to be dependent on LGA funding. Any changes in the formula or siphoning of funds from the overall pool for special project may be detrimental to the City's financial stability. It allows us to make essential capital investments and it lowers the property tax levy annually. o BCLG 11-2017 (Local Option Sales Tax) - The City of Brooklyn Center supports efforts of the State's statutory change that will allow a city to enact a local sales tax for public improvements. Justification - The City continues to develop fiscal stability tools and methods for the City. The option of a sales tax provides the City with another tool to diversity its funding resources and equips the City to better manage the cost of doing business. • BCLG 12-2017 (Property Tax Relief) - The City of Brooklyn Center supports efforts by the State to provide increased property tax relief for property owners feeling the unexpected burden of this tax shift. Justification - City resident homeowners have endured a significantly greater tax burden over the past decade due to a shift in tax capacity growth from commercial and industrial to residential properties. We expect this trend will continue for the next few years as housing values continue to recover from the economic recession and we reach normal equilibrium with commercial and industrial value changes. Fire Safety - None Law Enforcement & Public Safety BCLG 14-2017 (Juveniles in Municipal Jails) —The City of Brooklyn Center supports efforts by the State to clarify state statute that would allow juveniles to be held for questioning and booking in the City jail for up to six hours. Justification - The City would have more of an opportunity and time to work with a juvenile to resolve or remedy their situations prior to being transported to Hennepin County Jails should the state increase the max time juveniles may be held in a licensed municipal jail. Page 3 of 4 City of Brooklyn Center 2017 State Legislative Issues o BCLG 14-2017 (21st Century Policing) - The City of Brooklyn Center supports action by the State to increase funding for peace officer training, peace officer wellness activities, and grants to the cities to deploy technologies such as dash cameras and body all of which align with the President's Task Force 21 Century Policing Report. Justification - The City initiated efforts to implement 21't Century Policing soon after the report was published. The City continues to develop and train peace officers in accordance with the report. Funding support from the State would help leverage and stretch the use of City resources. To date the City has taken on the expense of such efforts at the City's expense. Public Works - None Transportation BCLG 15-2017 (Transportation Funding) - The City of Brooklyn Center supports the State providing more funding to all components of the transportation system and upgrading of the Minnesota State Transportation Improvement Plan. Justification - The City has various transportation needs ranging from constructing highway overpasses to upgrading highways to freeways, as well as, transit related needs. Full funding by the state would permit the City to access various funding sources for city projects from the Minnesota Department of Transportation. The results will be a much safer and less congested transportation system for Brooklyn Center residents and the traveling public in general. Note: Each legislative item is listed by BCLG (Brooklyn Center Legislative Item) number. Page 4 of 4