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REGULAR COUNCIL MEETING – AGENDA _2

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REGULAR COUNCIL MEETING – AGENDA _2 Powered By Docstoc
					Monday, January 10, 2005                                                                      Brooklyn Park Council Chambers
7:00 p.m.                                                                                                 5200 85th Ave North
                             REGULAR COUNCIL MEETING – AGENDA #2
If due to a disability, you need auxiliary aids or services during a City Council Meeting, please provide the City with 72 hours notice
by calling 493-8012 or TDD 493-8392 or FAX 493-8391.


             Our Mission: An Attractive, Diverse, Healthy, Safe and Prosperous Community at a reasonable tax burden.


        INVOCATION


I.      ORGANIZATIONAL BUSINESS

        1.        CALL TO ORDER/ROLL CALL/PLEDGE OF ALLEGIANCE

        2.       OPEN FORUM 7:00 – 7:15 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 (if no one is in attendance for the Open Forum, the Regular
        Meeting may begin), 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.

        3A.       Approval of Agenda (Items specifically identified may be removed from Consent or added elsewhere on the agenda
                  by request of any Council member.)

        3B.       PUBLIC PRESENTATIONS/PROCLAMATIONS/RECEIPT OF GENERAL COMMUNICATIONS
                  None.

II.     STATUTORY BUSINESS AND/OR POLICY IMPLEMENTATION

        4.      CONSENT (All items listed under Consent, unless removed from Consent in Agenda Item 3A shall be
        approved by one Council motion.) Consent Agenda consists of items delegated to city management or a commission
        but requires Council action by State, law, City Charter or City Code. These items must conform to a Council
        approved policy, plan, capital improvement project, ordinance, or contract. In addition, meeting minutes shall be
        included.
                4.1     Approval of Minutes
                        4.1      SPECIAL COUNCIL MEETING, NOVEMBER 13, 2004
                        4.1      REGULAR MEETING, NOVEMBER 15, 2004
                        4.1      EXECUTIVE SESSION, NOVEMBER 15, 2004
                        4.1      REGULAR MEETING, NOVEMBER 22, 2004
                        4.1      REGULAR MEETING, DECEMBER 6, 2004
                        4.1      REGULAR MEETING, DECEMBER 13, 2004
                        4.1      EXECUTIVE SESSION, DECEMBER 13, 2004
                        4.1      REGULAR MEETING, DECEMBER 20, 2004
                        4.1      EXECUTIVE SESSION, DECEMBER 20, 2004
                4.2     Letters of Credit/Bond Releases, Escrow/Cash Bond Releases.
                4.3     Approve a Temporary On-Sale Liquor license for Hennepin Technical College Foundation, 9000 Brooklyn
                        Boulevard North for their Manufacturer’s Marketplace event to be held on January 25, 2005.
                4.4     Confirm City Manager’s Appointment of City Clerk

        The following items relate to the City Council’s long-range policy-making responsibilities and are handled
        individually for appropriate debate and deliberation. (Those persons wishing to speak to any of the items listed in this
        section should fill out a speaker’s form and give it to the City Clerk. Staff will present each item, following in which
        audience input is invited. Discussion will then be closed to the public and directed to the Council table for action.)

        5.        Public Hearings
                  None.
        6.      Land Use Actions
                None.

        7.      General Action Items
                7.1     Set Date for Council Retreat
                7.2     Appointment of Council Liaisons to Commissions
                        7.2      2005 COUNCIL LIAISON CHART FORM
                        7.2      2004 COUNCIL LIAISON CHART
                        7.2      2003 COUNCIL LIAISON CHART
                7.3     Resolution Authorizing Supplemental Compensation of Mayor and Council Members who Attend
                        Approved Municipal Functions
                        7.3      RESOLUTION
                7.4     Resolution Relating to Council/Staff Responsibilities
                        7.4      RESOLUTION
                7.5     Resolution Relating to Business Expenses of the City Council
                        7.5      RESOLUTION
                7.6     Approve 2005 General Pay Increase for Non-represented City Employees and Paid-On-Call Firefighters
                        7.6      RESOLUTION FOR NON-REPRESENTED CITY EMPLOYEES
                        7.6      RESOLUTION FOR PAID-ON-CALL FIREFIGHTERS
                        7.6      RESOLUTION #1984-96
                7.7     Appointment to the Northwest Suburbs Cable Communications and the Northwest Community Television
                        Board of Directors
                7.8     First Reading of an Ordinance to Amend Chapter 30 of the City Code pertaining to Council Meetings
                        7.8      ORDINANCE
                7.9     SECOND READING of an ordinance amending chapter 94 of the city code relating to public nuisances
                        7.9      PROPOSED ORDINANCE
                        7.9      SUMMARY ORDINANCE
                        7.9      LETTER TO BUSINESSES

III.    REPORTS AND ANNOUNCEMENTS FROM COUNCIL MEMBERS

IV.     DISCUSSION ITEMS-These items will be discussion items but the City Council may act upon them during the course
        of the meeting.
                8.1     Police Use of Voice Recognition Software for Transcription
                        8.1     REPORT
                8.2     Local Board of Appeal and Equalization Training
                8.3     Sign Code, Chapter 150 Review
                        8.3     MEMORANDUM – “REVIEW OF SIGN REGULATIONS”
                        8.3     BROCHURE – “TEMPORARY REAL ESTATE & TEMPORARY AREA IDENTIFICATION
                                 SIGNS
                        8.3     BROCHURE – “TEMPORARY SIGNS – COMMERCIAL & RESIDENTIAL REQUIREMENTS”
                8.4     Review of Regulations regarding Commercial Vehicles and Equipment
                        8.4     MEMORANDUM
                        8.4     PHOTOS – EXAMPLES OF COMMERCIAL VEHICLES AND EQUIPMENT
                        8.4     BROCHURE – “VEHICLES AND EQUIPMENT – RESIDENT STORAGE, USE, AND
                                PARKING REQUIREMENTS
                8.5     Review Chaska Wireless Service Report
                        8.5     CHASKA WIRELESS REPORT

V.      EXECUTIVE SESSION (Discuss Proposed Labor Union Agreement)
             9.1    Approval of Collective Bargaining Agreement with Teamsters Local No. 320, Police Non-licensed
                    Personnel

VI.     ADJOURNMENT

Since we do not have time to discuss every point presented, it may seem that decisions are preconceived. However,
background information is provided for the City Council on each agenda item in advance from City staff and appointed
commissions; and decisions are based on this information and past experiences. If you are aware of information that has not
been discussed, please raise your hand to be recognized. Please speak from the podium. Comments that are pertinent are
appreciated. Items requiring excessive time may be continued to another meeting.
City of Brooklyn Park
Request for Council Action
Agenda Item No:      4.1                   Meeting Date    January 10, 2005
                                           Originating
Agenda Section:      Consent               Department:     City Clerk

Resolution           N/A

Ordinance            N/A                   Prepared By:    Devin Montero, City Clerk

No. of Attachments   9                     Presented By:   Devin Montero, City Clerk

Item:                Approval of Minutes

City Manager’s Proposed Action:

MOTION__________, SECOND__________ TO APPROVE THE MINUTES OF THE BROOKLYN PARK
CITY COUNCIL SPECIAL MEETING OF NOVEMBER 13, 2004 AS PRESENTED BY THE CITY CLERK.

MOTION__________, SECOND__________ TO APPROVE THE MINUTES OF THE BROOKLYN PARK
CITY COUNCIL REGULAR MEETING OF NOVEMBER 15, 2004 AS PRESENTED BY THE CITY
CLERK.

MOTION__________, SECOND__________ TO APPROVE THE MINUTES OF THE BROOKLYN PARK
CITY COUNCIL EXECUTIVE SESSION OF NOVEMBER 15, 2004 AS PRESENTED BY THE CITY
CLERK.

MOTION__________, SECOND__________ TO APPROVE THE MINUTES OF THE BROOKLYN PARK
CITY COUNCIL REGULAR MEETING OF NOVEMBER 22, 2004 AS PRESENTED BY THE CITY
CLERK.

MOTION__________, SECOND__________ TO APPROVE THE MINUTES OF THE BROOKLYN PARK
CITY COUNCIL REGULAR MEETING OF DECEMBER 6, 2004 AS PRESENTED BY THE CITY CLERK.

MOTION__________, SECOND__________ TO APPROVE THE MINUTES OF THE BROOKLYN PARK
CITY COUNCIL REGULAR MEETING OF DECEMBER 13, 2004 AS PRESENTED BY THE CITY
CLERK.

MOTION__________, SECOND__________ TO APPROVE THE MINUTES OF THE BROOKLYN PARK
CITY COUNCIL EXECUTIVE SESSION OF DECEMBER 13, 2004 AS PRESENTED BY THE CITY
CLERK.

MOTION__________, SECOND__________ TO APPROVE THE MINUTES OF THE BROOKLYN PARK
CITY COUNCIL REGULAR MEETING OF DECEMBER 20, 2004 AS PRESENTED BY THE CITY
CLERK.

MOTION__________, SECOND__________ TO APPROVE THE MINUTES OF THE BROOKLYN PARK
CITY COUNCIL EXECUTIVE SESSION OF DECEMBER 20, 2004 AS PRESENTED BY THE CITY
CLERK.
Overview: N/A

Primary Issues/Alternatives to Consider: N/A

Budgetary/Fiscal Issues: N/A

Attachments:
4.1   SPECIAL COUNCIL MEETING, NOVEMBER 13, 2004
4.1   REGULAR MEETING, NOVEMBER 15, 2004
4.1   EXECUTIVE SESSION, NOVEMBER 15, 2004
4.1   REGULAR MEETING, NOVEMBER 22, 2004
4.1   REGULAR MEETING, DECEMBER 6, 2004
4.1   REGULAR MEETING, DECEMBER 13, 2004
4.1   EXECUTIVE SESSION, DECEMBER 13, 2004
4.1   REGULAR MEETING, DECEMBER 20, 2004
4.1   EXECUTIVE SESSION, DECEMBER 20, 2004
                         SPECIAL BROOKLYN PARK CITY COUNCIL MEETING

Saturday, November 13, 2004                                  Brooklyn Park Police Department Training Room
8:02 a.m.                                                                           5400 85th Avenue North

CALL TO ORDER - Mayor Lampi

PRESENT: Mayor Steve Lampi; Council Members Jeanette Meyer, Rand Haglund (arrived at 10 a.m.), and
Scott Simmons; City Manager Doug Reeder; City Engineer Doran Cote; Finance Director Greg Andrews;
Recreation and Parks Director Linda St. John; Police Chief Wade Setter; Operations and Maintenance Director
Jon Thiel; Fire Chief Steve Schmidt; Community Development Director Bob Schreier; Assistant Finance
Director Diane Deblon; Assistant to the City Manager Calvin Portner; and City Clerk Devin Montero. ALSO
PRESENT: Council Members-elect Terry Gearin; Mark Mata; and Mike Trepanier.

ABSENT: Scott Draeger, Mason Schmitz, and Peter Schnellman (all excused).

Mayor Lampi opened the meeting with introductions of all in attendance.

City Manager Doug Reeder briefed Council on the agenda for the retreat and stated the information provided to
Council compared the city with other cities on performance and output measurements.

Finance Director Greg Andrews gave an overview of the budget calendar provided: On November 22, 2004 the
CIP and CEP would be presented for adoption; review and approve the Public Purpose Expenditure Policy; On
December 6, the Truth and Taxation public hearing; and on December 13, 2004 adopt the final levy. He stated
that the 2005 budget was presented to Council on September 7, 2004 and Council took action and approved the
preliminary budget and tax levy on September 13, 2004. The bulk of the expenditures were in department
expenditures; with reduction of the $875,000 and reducing the contingency fund by $250,000 approved by
Council on September 13, 2004.

He provided an overview comparison with other cities on: types of services; types of revenues; per capita
analysis of cities-prepared annually and submitted to the State Auditor; reflects special revenue funds, capital
expenditure funds, project funds; does include EDA; comparison done with cities in excess of 50,000 in
population and average of those cities and compared with the state wide average. The state wide average for
smaller cities-one police officer for 500 people as per capita in public safety according to the information from
the State Auditor for 2002. The 2003 information would be provided next spring.

Discussions were held on: Obtaining the 2003 information for Brooklyn Park from the State Auditor; compared
the City of Eagan’s budget on: cable television franchise fees, allocation of internal service charges; assessing
costs; not having a deputy registrar, contingency.

Police Chief Wade Setter, Police Department, provided Council with performance measurements in the Police
Department on: Patrol Response Times; Officers per 1,000 Residents; Comparisons of 2002 and 2003 Officers
per 1,000 Population; Employee FTE’s per 1,000 Residents; Comparisons of 2002 and 2003 Law Enforcement
Employees per 1,000 Residents; Crime Rate Comparison with other cities; Violent Crime Index, Comparison of
2002 and 2003 Violent Crimes Rate with other cities; 2002 and 2003 Crimes per Officer with other cities; 2002
and 2003 Calls per Officer with other cities; Arrests per Crime & Arrests per Officer; 2002 and 2003 Case
Clearance Rate comparison with other cities.

Chief Setter stated that 30 Mobile Data Computers were in the budget and that a grant through Hennepin
County from the Justice Systems Bureau would enable them to receive 18 units and would only have to buy the
additional 12. He stated a more comprehensive report would be provided to Council.
           SPECIAL BROOKLYN PARK COUNCIL MEETING; NOVEMBER 13, 2004…Page 2

Discussions were held on: terminal replacements, annual replacements costs, operating costs; affect on the Fire
Department; match expected on the grant; warranty of computers, and additional personnel in budget.

Doran Cote, Director, Engineering and Building Inspections, briefed Council on: Staffing comparisons, 2002
Metro Area comparisons of Total Permits, Permit Valuations, FTEs, Property Maintenance Inspections, and
GIS comparisons.

Discussions were held on: Rental unit inspections, inspection areas exceeding State codes and 2001 State Code.

Linda St. John, Director, Recreation and Parks, briefed Council on: Recreation categories, Online
Registrations, Noble Sports Park, Park Planning Facilities, Ice Arena comparisons,

Discussions were held on: Vandalism in parks, Ice Arena pricing, sale of merchandise at the Executive 9 Golf
course-the new building will open in the spring, and Edinburgh golf course new practice area.

Diane Deblon, Assistant Finance Director, briefed Council on: city bond rating, awards, State rating of deputy
registrar; unqualified audit opinion; assessing; and permits.

Discussions were held on: Budget costs per capita, ratio of homes per assessor, computer aided system.
Discussion was held on continuing the presentations or stopping and go into the scheduled Council budget
discussions. The consensus of the Council was to continue with a ten minute time limit.

Calvin Portner, Assistant to the City Manager, briefed Council on: City Clerk department, commission/advisory
boards; Council information sources; Communications/ITS; newsletters; news releases; computers per ITS
employee; servers per ITS employee; Human Resources and Loss Control.

Discussions were held on: IT staffing levels, employee turnover rates, personal injuries, lost work days and
number of vehicle accidents.

Fire Chief Steve Schmidt, Fire Department, briefed Council on: Number of Fire Department runs, Average
Response Time, Structure Fires per 1000 Residents, Percentage of Firefighters Certified at Firefighter II, Public
Educational Programs Presented, Number of Commercial Inspections Completed, Emergency Management in
the Fire Department, Cost per Capita, and Cost per Household.

Discussions were held on: Comparison of City fire code and the national code.

Bob Schreier, Director, Community Development, briefed Council on: Code Enforcement and Public Health
Performance measures-Number of Nuisance/Property Maintenance complaints, Number of Health complaints,
Total Number of Inspection for Nuisance Properties; Economic Development Performance measures-Tally of
Businesses Assisted, Percent Change in Assessed Value of Properties Redeveloped, Value on Permits of
Improvements made, 1 Year Percentage Change in Property Value for City, Percentage of Owner Occupied
Housing, Achievement of MET Council Housing goals; Planning Department Performance measures-FTEs per
population, Number of Zoning Ordinance/Map updates, Number of Comprehensive Plan updates/changes,
Number of Planning Commission meetings, Number of Housing Units approved, Number of Planning cases,
and Number of Projects/Developments approved.

Discussions were held on: Approval of temporary and permanent signs, health code standards, and inspections.
           SPECIAL BROOKLYN PARK COUNCIL MEETING; NOVEMBER 13, 2004…Page 3

John Thiel, Director, Operations and Maintenance, briefed Council on: Comparisons with nine cities of over
50,000 in population, General Performance goals, General Administration, Calls for Service Requests for 2003,
Emergency Call backs, Project Management, Recycling-Use Hennepin Recycling Group program, Street
Maintenance, Park Maintenance, Public Utilities, and Central Services.

Discussions were held on: Where funds go when equipment is sold and the purchase of street lights.

At 10:55 a.m. Mayor Lampi called for a recess and reconvened the meeting at 11:07 a.m.

Discussion was held on touring the renovated Police Department. It was the consensus of Council to reschedule
the tour for a later date.

Mayor Lampi commenced with the budget discussion and commented on the $875,000 reduction of proposed
budget.

Discussions were held on: Identifying items to cut, the Budget Advisory Commission recommendations; police
computers, modem replacements, grant by Hennepin County for computers-leave budgeted funds for police
computers in budget; Budget Advisory Commission’s recommendation on rolling $150,000 in contingency
forward to the 2005 budget; and set up account in fund balance for contingency. Diane Deblon stated that it
would be more of a designation rather a reserve fund.

Other Discussions were held on: 50 year plan, Enterprise and General funds used for city improvements;
assessments; street reconstructions; Deputy City Clerk; Engineering and Senior Planner positions; two patrol
officers; park and recreational hours-Noble Sports Park concession will be operated by city employees;
reducing the number of polling places; new voting equipment information coming from Hennepin County-City
will pay for one unit per polling place.

Other Discussions were held on: City map printed every other year, sell advertising to cover costs, combine
newsletter and map with savings of $25,000, third party agency should sell advertisements versus city staff.
City Manager Reeder stated that a proposal for a newsletter would be on the agenda for next week for the
January/February issue; other city newsletters paid by advertising, funding the city map, road salt purchases.

At 12:05 p.m. Council Member Simmons departed.

Other Discussions: Shingle Creek maintenance-City Manager Reeder stated that the Watershed Commission
would be making recommendations in December; is a 1 million dollar project; 3 million dollars to fix the entire
creek; should be a high priority to address erosion, storm sewers and runoffs.

Other Discussions: Reduction of health insurance premium costs; police reassigned vehicles, number of squad
cars lost due to accidents; squad cars parked in the Operations and Maintenance parking lot; seized vehicles,
patrol officer, senior planner positions and printing of city publications with advertising-suggested using one
page for advertising possibly the back page; Wireless internet connections offered by the City of Chaska-City
Manager Reeder stated that a report will be provided to Council.
          SPECIAL BROOKLYN PARK COUNCIL MEETING; NOVEMBER 13, 2004…Page 4


ADJOURNMENT - With consensus of the Council, Mayor Lampi adjourned the meeting at 12:35 p.m.

                                              _____________________
                                              STEVE LAMPI, MAYOR

_____________________________
DEVIN MONTERO, CITY CLERK
                      REGULAR BROOKLYN PARK CITY COUNCIL MEETING

Monday, November 15, 2004                                              Brooklyn Park Council Chambers
7:00 p.m.                                                                      5200 85th Avenue North

CALL TO ORDER - Mayor Lampi

PRESENT: Mayor Steve Lampi; Council Members Mason Schmitz, Scott Draeger, Jeanette Meyer, Rand
Haglund, Mason Schmitz, Peter Schnellman, and Scott Simmons; City Manager Doug Reeder; City Attorney
Jim Thomson; City Engineer Doran Cote; and City Clerk Devin Montero.

ABSENT: None.

Cub Scout Troop #581 from Monroe Elementary School led the Pledge of Allegiance.

3A. MOTION MEYER, SECOND DRAEGER TO APPROVE THE AGENDA AS SUBMITTED BY THE
CITY CLERK AND ADDITION OF ITEM 8.2, NORTH METRO CROSSING COALITON BUDGET
DISCUSSION. MOTION PASSED UNANIMOUSLY.

4.0 MOTION MEYER, SECOND HAGLUND TO APPROVE THE FOLLOWING ADMINISTRATIVE
CONSENT ITEM:

      4.1 TO WAIVE THE READING AND ADOPT RESOLUTION #2004-284 ACCEPTING THE
      FEASIBILITY REPORT AND ORDERING PUBLIC HEARING FOR STREET AND STORM
      SEWER IMPROVEMENTS ON 69TH AVENUE AND MYER AVENUE FROM WEST BROADWAY
      TO 700 FEET WESTERLY (ST-1437 AND SS-1438) AND MARYLAND AVENUE FROM 62ND
      AVENUE TO 62-1/2 AVENUE (ST-1439 AND SS-1440).

      4.2 TO ACCEPT THE WORK AND AUTHORIZE FINAL PAYMENT IN THE AMOUNT OF
      $4,635.20 FOR A TOTAL CONTRACT AMOUNT OF $125,127.56 TO LANDWEHR
      CONSTRUCTION, INC. FOR IMPROVEMENT 2002-10, PROJECT ST-1359, BRUNSWICK
      AVENUE CUL-DE-SACS, SUBJECT TO THE RECEIPT OF A ONE YEAR’S MAINTENANCE
      BOND.

      4.3 Removed from agenda prior to the meeting.

      4.4 TO ACCEPT THE WORK AND AUTHORIZE FINAL PAYMENT IN THE AMOUNT OF
      $1,272.53 FOR A TOTAL CONTRACT AMOUNT OF $127,252.96 TO JAY BROS., INC. FOR
      CONSTRUCTION OF IMPROVEMENT 2003-10, PROJECT ST-1406, SUBJECT TO THE RECEIPT
      OF A ONE YEAR’S MAINTENANCE BOND.

      4.5 TO RECEIVE AND PLACE ON FILE THE VACATION PETITION FOR STREET AND
      UTILITY EASEMENTS ON BRUNSWICK AVENUE, SECTION 28, TOWNSHIP 119, RANGE 21.

      4.5 TO WAIVE THE READING AND ADOPT RESOLUTION #2004-285 ORDERING HEARING
      FOR THE VACATION OF STREET AND UTILITY EASEMENTS ON BRUNSWICK AVENUE,
      SECTION 28, TOWNSHIP 119, RANGE 21.

      4.6 TO WAIVE THE READING AND ADOPT ON FIRST READING AN ORDINANCE
      EXTENDING A MORATORIUM UNTIL FEBRUARY 28, 2005 ON DEVELOPMENT IN THE
      CITY’S FLOODPLAIN AREA TO ENACT REQUIRED OFFICIAL CONTROLS.
                 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 15, 2004…Page 2

MOTION PASSED UNANIMOUSLY.

7.1 MOTION MEYER, SECOND HAGLUND TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-286 AUTHORIZING STAFF TO LAUNCH A TEST EDITION OF PARK PAGES WITH PRIME
ADVERTISING FOR THE JANUARY-FEBRUARY ISSUE, AND TO PREPARE A CONTRACT WITH
PRIME ADVERTISING THAT WOULD BE PRESENTED TO THE COUNCIL IN JANUARY. MOTION
PASSED UNANIMOUSLY.

7.2 MOTION MEYER, SECOND DRAEGER TO WAIVE THE READING AND ADOPT ON SECOND
READING ORDINANCE #2004-1021 AMENDING CHAPTER 117 OF THE CITY CODE RELATING TO
RENTAL BUSINESS. MOTION PASSED UNANIMOUSLY.

7.2 MOTION MEYER, SECOND DRAEGER TO APPROVE THE TEXT OF THE SUMMARY OF
ORDINANCE #2004-1021 DETERMINING THAT IT CLEARLY INFORMS THE PUBLIC OF THE
INTENT AND EFFECT OF THE ORDINANCE. MOTION PASSED UNANIMOUSLY.

Discussions were held on: License fees compared to other cities; a letter received by a law firm representing the
apartment owners; other rental units paying higher fees than apartments.

Council Member Simmons provided Council with a chart of annual rental license fees per 50 units and stated
that the city was in line with the other cities and the fee should be increased to pay for the program.

City Attorney Thomson stated that Council should adopt a fee that is reasonably related to the entire program
and staff recommendations were generated before the letter was received and had no affect on what staff was
recommending. He stated that what was uncertain at this stage was what could and couldn’t be included in the
phrase “entire program”, primarily police time. He stated that before adopting a permanent fee he recommended
giving staff more time to look at the program based on 2005 data not 2004 data. If the program was challenged,
the fee to justify is the “unrebatable” fee or the base fee and that is why staff needed more time to look at and
work with the police department. He recommended to adopt the $8 semi annual fee, which covered the cost of
the basic program, doesn’t cover the cost of the COPS unit, and that is the issue of the dispute, whether the
program could or could not include any of the COP’s unit costs. That issue was not addressed in the lawsuit.
The validity of the fee was only addressed in the lawsuit. This was another reason to compare this in more detail
and give staff more time to compare what other cities have.

He stated that it didn’t mean Council couldn’t adopt a higher fee than other cities. If the cost of the program was
greater because of a more intense inspection program, which was a policy decision for Council and would
clearly be defensible if challenged. There are more of those issues that need more evaluation before adopting a
permanent fee. He stated staff recommended adopting the Benefit of the Doubt fee which covered the basic
costs, licensing, inspection and Mrs. Verbrugge’s time. He also stated he would prepare a response to the law
firm that sent the letter to the city.

7.2 MOTION MEYER, SECOND DRAEGER TO WAIVE READING AND ADOPT A RESOLUTION
ESTABLISHING INTERIM RENTAL HOUSING LICENSE FEE OF $8. MOTION FAILED. ROLL CALL
VOTE: YES: DRAEGER, LAMPI, MEYER; NO: SCHNELLMAN, HAGLUND, SIMMONS, SCHMITZ.

7.2 MOTION HAGLUND, SECOND SCHMITZ TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-287 TO ESTABLISH A SIX MONTH INTERIM RENTAL FEE FOR THE AMOUNT OF $11.
MOTION PASSED. LAMPI VOTED NO.
                 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 15, 2004…Page 3

7.2 MOTION MEYER, SECOND DRAEGER TO APPROVE THE DRAFT REBATE PROGRAM
CRITERIA POLICY. MOTION PASSED UNANIMOUSLY.

8.1 City Engineer Doran Cote briefed Council on the 109th reconstruction from Jefferson Highway to west city
limits, Project ST-1418. He stated that the City of Champlin was requesting the city to allow the widening of
109th Avenue on the city’s side and acquire the additional right of way to accommodate the widening.

Discussions were held on: priority list of the street project in the area-ten years; losing potential development;
start of proposed project in 2005; project value to the city; and the City of Champlin bearing all costs of the
project.

8.2 City Manager Reeder briefed the Council on the North Metro Crossing Coalition proposed 2005 budget. He
provided the Council with budget worksheets and stated discussions were held on how to handle the consultants
used for lobbying in Washington and at the State; the current work plan considers using the same lobbyist. He
stated appropriations for transit money has not been made for this fiscal year and could happen before congress
adjourns. The estimated cost to finish T.H. 610 was 110 million dollars. He stated that the city’s portion would
increase to $41,700 and the City of Coon Rapids would be contributing $5,000 next year.

Council Member Simmons requested information on who benefits from the lobbyists fee at the state and federal
level. Is there a management fee on top of that? He stated he also asked that same information of the North
Metro Mayors Association.

9.1 At 8:36 Mayor Lampi recessed the meeting and stated the meeting would reconvene in executive session in
the Administration Conference Room at 8:45 p.m.

At 9:56 p.m. Mayor Lampi and Council returned from the executive session and reported that discussion was
held on the periodic performance of the City Manager.

9.1 MOTION HAGLUND TO TAKE A VOTE TO TERMINATE THE CITY MANAGER BASED ON THE
INACTION TO DEAL WITH THE ATTACHED ISSUES: TO DEAL WITH THE BUDGETED CEP/CIP
AUDITS DUE TO THE AUDIT COMMITTEE’S REPORT. THE MEMBER SHOULD OPENLY SHARE
INFORMATION WITH THE GOVERNING BODY WHILE DILIGENTLY CARRYING OUT THE
MEMBER’S RESPONSIBILITIES SET FORTH.

Council Member Meyer asked to hear the rest of the motions.

9.1 MOTION HAGLUND TO HIRE THE STATE AUDITOR TO COMPLETE THE AUDIT OF THE
CEP/CIP THAT REEDER AND STAFF SAID COULDN’T BE DONE BECAUSE OF THE LACK OF
DOCUMENTATION.

9.1 MOTION HAGLUND TO PUT GREG ANDREWS ON ADMINISTRATIVE LEAVE UNTIL THE
OUTCOME OF THE AUDIT IS CONDUCTED.

9.1 MOTION HAGLUND TO MAKE DORAN COTE THE ACTING CITY MANAGER AND BOB
SCHEIER THE ALTERNATE.

9.1 MOTION HAGLUND TO MAKE DIANE DEBLON ACTING CITY FINANCE DIRECTOR UNTIL
THE CONCLUSION OF THE AUDIT.
               BROOKLYN PARK COUNCIL MEETING; NOVEMBER 15, 2004…Page 4

9.1 MOTION HAGLUND, TO DIRECT ACTING CITY MANAGER TO INITIATE AN RFP FOR A
SEARCH FIRM TO REPLACE THE CITY MANAGER.

A second was not made to the previous motions.

9.1 MOTION SIMMONS, SECOND LAMPI TO ADJOURN THE MEETING. MOTION PASSED. ROLL
CALL VOTE: YES: LAMPI, SIMMONS, SCHMITZ, DRAEGER; NO: SCHNELLMAN, MEYER,
HAGLUND.

ADJOURNMENT - Mayor Lampi adjourned the meeting at 10:04 p.m.


                                                 _____________________
                                                 STEVE LAMPI, MAYOR
______________________________
DEVIN MONTERO, CITY CLERK
                             BROOKLYN PARK CITY COUNCIL MEETING
                                  CLOSED EXECUTIVE SESSION


Monday, November 15, 2004                                                 Brooklyn Park Council Chambers
8:50 p.m.                                                                         5200 85th Avenue North

CALL TO ORDER – Mayor Steve Lampi

PRESENT: Mayor Steve Lampi, Council Members Scott Draeger, Rand Haglund, Jeanette Meyer, Mason
Schmitz, Peter Schnellman and Scott Simmons; City Manager Doug Reeder; and City Clerk Devin Montero.

ABSENT: None.

The Council met in a closed executive session to conduct a periodic performance review on the City Manager.

The closed Executive Session ended at 9:55 p.m. and reconvened to the regular meeting.



                                                  _____________________
                                                  STEVE LAMPI, MAYOR


_____________________________
DEVIN MONTERO, CITY CLERK
                       REGULAR BROOKLYN PARK CITY COUNCIL MEETING

Monday, November 22, 2004                                               Brooklyn Park Council Chambers
7:00 p.m.                                                                       5200 85th Avenue North

CALL TO ORDER - Mayor Lampi

Cub Scout Troop #571 led the Pledge of Allegiance.

PRESENT: Mayor Steve Lampi; Council Member Mason Schmitz, City Manager Doug Reeder; City Attorney
Jim Thomson; City Engineer Doran Cote; and Recording Secretary Theresa Fruend.

ABSENT: Scott Draeger, Jeanette Meyer, Rand Haglund, Peter Schnellman, and Scott Simmons (All excused)

Because of the lack of a quorum, Mayor Lampi adjourned the meeting to December 6, 2004 at 7:00 p.m.

ADJOURNMENT - Mayor Lampi adjourned the meeting at 7:15 p.m.



                                                     _____________________
                                                     STEVE LAMPI, MAYOR




___________________________________________
THERESA.FREUND, RECORDING SECRETARY
                 ADJOURNED REGULAR BROOKLYN PARK CITY COUNCIL MEETING

Monday, December 6, 2004                                                       Brooklyn Park Council Chambers
7:00 p.m.                                                                              5200 85th Avenue North

Pastor Stan Weese, North Center Baptist Church, gave the invocation.

CALL TO ORDER - Mayor Lampi

PRESENT: Mayor Steve Lampi; Council Members Mason Schmitz, Scott Draeger, Jeanette Meyer, Rand
Haglund, Peter Schnellman, and Scott Simmons; City Manager Doug Reeder; City Attorney Jim Thomson; City
Engineer Doran Cote; and City Clerk Devin Montero.

ABSENT: None.

Cub Scout Pack #454 led with the Pledge of Allegiance.

Mayor Lampi stated that a citizen would like to address Item 6.4 and requested it be delayed if he did not make
it in time for the item. It was the consensus of the Council to delay Item 6.4 so the citizen could address it.

Council Member Meyer asked if an executive session could be added to the agenda to resolve issues regarding
the last executive session held November 15, 2004. City Attorney Thomson stated there was trial court decision
out of southern Minnesota where a court ruled that it was improper to add an executive session as part of the
regular agenda. It required the three day notice of the special meeting. It was a fairly recent trial court decision
and felt that a three day notice was required as stated by State law.

3A MOTION MEYER, SECOND HAGLUND TO APPROVE THE AGENDA AS SUBMITTED BY THE
CITY CLERK WITH ITEM 4.1 PULLED FROM THE CONSENT AGENDA FOR SEPARATE
CONSIDERATION AND DELAY ITEM 6.4. MOTION PASSED UNANIMOUSLY.

MOTION MEYER, SECOND HAGLUND TO CALL AN EXECUTIVE SESSION FOR THURSDAY,
DECEMBER 9 AT 7 P.M. TO CONDUCT A PERFORMANCE REVIEW AND RESOLVING ISSUES
FROM THE LAST EXECUTIVE SESSION.

Discussion was held on conducting the executive session at the next Council meeting. Council Member Meyer
withdrew the motion and requested that the executive session be added to the agenda for the next Council
meeting. Council Member Simmons asked that Council be provided with issues to be resolved prior to the
Council meeting.

MOTION MEYER, SECOND HAGLUND SET AN EXECUTIVE SESSION FOR DECEMBER 13, 2004 AT
7 P.M. MOTION PASSED UNANIMOUSLY.

3B1 Chief Wade Setter introduced Jeff Barsness and Joseph Haider as new members to the Police Department.

3B2 MOTION MEYER, SECOND SCHMITZ TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-288 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF BROOKLYN PARK. MOTION
PASSED UNANIMOUSLY.

3B3 MOTION MEYER, SECOND SCHMITZ TO WAIVE THE READING AND ADOPT
RESOLUTION #2004-289 ACKNOWLEDGING A CONTRIBUTION TO THE CITY OF BROOKLYN
PARK. MOTION PASSED UNANIMOUSLY.
       ADJOURNED BROOKLYN PARK COUNCIL MEETING; DECEMBER 6, 2004…Page 2

3B4 MOTION MEYER, SECOND SCHMITZ TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-290 ACKNOWLEDGING DONATIONS TO THE CITY OF BROOKLYN PARK FOR
RECREATION. MOTION PASSED UNANIMOUSLY.

3B5 MOTION MEYER, SECOND SCHMITZ TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-291 ACKNOWLEDGING RECEIPT OF THE CENTERPOINT ENERGY MINNEGASCO
COMMUNITY PARTNERSHIP GRANT FOR THE PURPOSE OF PURCHASING MULTI-GAS
ATMOSPHERE MONITORS. MOTION PASSED UNANIMOUSLY.

3B6 MOTION HAGLUND, SECOND MEYER TO ACCEPT AMERICA’S CROWN COMMUNITIES
AWARD FROM AMERICAN CITY AND COUNTY FOR KARA’S CROSSING, PROJECT M-1322.
MOTION PASSED UNANIMOUSLY.

3B7 MOTION MEYER, SECOND HAGLUND TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-292 TO ACKNOWLEDGE PRESENTATION OF RECOGNITION PLAQUE FOR NOBLE SPORTS
PARK. MOTION PASSED UNANIMOUSLY.

4.0 MOTION SCHMITZ, SECOND MEYER TO APPROVE THE FOLLOWING ADMINISTRATIVE
CONSENT ITEM: (Item #4.1 was removed for separate consideration)

     4.2 TO WAIVE THE READING AND ADOPT RESOLUTION #2004-293 APPROVING SEASON’S
     IN THE PARK 2ND ADDITION AN AMENDED FINAL PLAT #03-116 FOR 7 ATTACHED UNITS
     LOCATED WEST OF ZANE AVENUE AND NORTH OF 85TH AVENUE.

     4.3 Removed from the agenda prior to the meeting.

     4.4 TO WAIVE THE READING AND ADOPT RESOLUTION #2004-294 TO AUTHORIZE
     ENTERING INTO AN AGREEMENT AMENDMENT WITH THE CITY OF MAPLE GROVE AND
     UNDERSTANDING WITH THE CHURCH OF ST. VINCENT DEPAUL TO PROVIDE POTABLE
     WATER SUPPLY TO A PROPOSED RECTORY BUILDING.

     4.5 TO REDUCE THE OFF-SITE LETTER OF CREDIT #200264 ($132,000) BY LAKELAND
     CONSTRUCTION FINANCE, LLC TO $106,000 AND RELEASE THE ON-SITE LETTER OF
     CREDIT #200263 ($66,000) BY LAKELAND CONSTRUCTION FINANCE, LLC FOR
     SATISFACTORY PROGRESS ON “PRAIRIE GARDENS” PROJECT #03-159 LOCATED SOUTH
     EAST CORNER OF OXBOW CREEK DRIVE AND DOUGLAS DRIVE FOR PREMIER
     DEVELOPMENT OF THE TWIN CITIES, INC.

     4.5 TO REDUCE THE OFF-SITE LETTER OF CREDIT #22629 ($108,328) BY BUILDERS
     DEVELOPMENT & FINANCE, INC. TO $73,000, RELEASE THE ON-SITE LETTER OF CREDIT
     #22628 ($97,688) BY BUILDERS DEVELOPMENT & FINANCE, INC. AND REDUCE THE
     ENGINEERING ESCROW ACCOUNT BY $10,000 FOR SATISFACTORY PROGRESS ON
     “OAKWOOD AT OXBOW COMMONS” PROJECT #03-115 LOCATED SOUTH OF 101ST
     AVENUE AT WELCOME FOR OAKCREEK BUILDERS, INC.

     4.5 TO REDUCE THE OFF-SITE LETTER OF CREDIT #720612502 ($269,000) BY HIGHLAND
     BANK TO $62,000 AND REDUCE THE ON-SITE BONDING REQUIREMENT ($66,400 CASH) TO
     $26,000 FOR SATISFACTORY PROGRESS ON “ASPEN COVE” PROJECT #04-142 LOCATED
 ADJOURNED BROOKLYN PARK COUNCIL MEETING; DECEMBER 6, 2004…Page 3

NORTH OF 107TH AVENUE AND WEST OF SCOTT AVENUE FOR HANSON LAND
DEVELOPING, LLC.

4.5 TO RELEASE THE OFF-SITE LETTER OF CREDIT #NZS404745 ($63,705) BY WELLS
FARGO BANK, N.A. RELEASE THE ON-SITE LETTER OF CREDIT #NZS404747 ($145,208) BY
WELLS FARGO BANK, N.A., RELEASE THE ENGINEERING ESCROW (APPROX. $7,800) AND
RELEASE THE CASH BOND ($24,772) FOR SATISFACTORY COMPLETION OF “MEYERS
VILLAS” PROJECT #00-126 LOCATED SOUTH OF 101ST AVENUE AND WEST OF NOBLE
AVENUE FOR RIVER WEST HOMES, INC. (LES REYNOLDS).

4.5 TO RELEASE THE ON-SITE LETTER OF CREDIT #NZS399919 (35,000) BY WELLS FARGO,
CASH BOND ($3,750) AND ENGINEERING ESCROW (APPROX. $2,800) FOR SATISFACTORY
COMPLETION OF THE “GOLF DOME” PROJECT #00-118 LOCATED AT 8401 83RD AVENUE N
FOR RIVERWEST HOMES, INC. (LES REYNOLDS).

4.5 TO RELEASE THE CASH BOND ($42,756) AND ENGINEERING ESCROW
(APPROXIMATELY $17,500) FOR SATISFACTORY COMPLETION OF THE “WILLOWS OF
ASPEN 4TH ADDITION” PROJECT #99-115 LOCATED SOUTH OF 101ST AVENUE NORTH AND
EAST ON NOBLE PARKWAY FOR RENYOLDS HOMES, INC. (LES REYNOLDS).

4.5 TO RELEASE THE PERFORMANCE BOND #929193340 ($227,000) BY NATIONAL FIRE
INSURANCE COMPANY OF HARTFORD FOR SATISFACTORY COMPLETION OF THE “AUTO
ZONE” PROJECT #00-146 LOCATED AT 7708 BROOKLYN BOULEVARD FOR AUTOZONE,
INC.

4.5 TO RELEASE THE SUBDIVISION BOND #B2885782 ($175,000) BY RELIANCE INSURANCE
COMPANY FOR SATISFACTORY COMPLETION ON THE “DUKE BUILDING #5” LOCATED
AT 9100 WYOMING AVENUE NORTH FOR DUKE REALTY.

4.5 TO RELEASE THE SUBDIVISION BOND #B2962975 ($175,000) BY RELIANCE
INSURANCE COMPANY FOR SATISFACTORY COMPLETION ON THE “DUKE BUILDING #6”
LOCATED AT 9201 WEST BROADWAY FOR DUKE REALTY.

4.6 TO APPROVE THE MINUTES OF THE BROOKLYN PARK CITY COUNCIL REGULAR
MEETING OF OCTOBER 11, 2004 AS PRESENTED BY THE CITY CLERK.

4.6 TO APPROVE THE MINUTES OF THE BROOKLYN PARK CITY COUNCIL REGULAR
MEETING OF OCTOBER 25, 2004 AS PRESENTED BY THE CITY CLERK.

4.6 TO APPROVE THE MINUTES OF THE BROOKLYN PARK CITY COUNCIL REGULAR
MEETING OF NOVEMBER 1, 2004 AS PRESENTED BY THE CITY CLERK.

4.6 TO APPROVE THE MINUTES OF THE BROOKLYN PARK SPECIAL CITY COUNCIL
CANVASS BOARD MEETING OF NOVEMBER 8, 2004 AS PRESENTED BY THE CITY CLERK.

4. 6 TO APPROVE THE MINUTES OF THE BROOKLYN PARK CITY COUNCIL REGULAR
MEETING OF NOVEMBER 8, 2004 AS PRESENTED BY THE CITY CLERK.
         ADJOURNED BROOKLYN PARK COUNCIL MEETING; DECEMBER 6, 2004…Page 4

       4.7 TO APPROVE THE FOUR APPLICATIONS TO DEFER 2004 AND FUTURE SPECIAL
       ASSESSMENTS FOR THE PROPERTIES IDENTIFIED BELOW.

       4.8 TO WAIVE THE READING AND ADOPT RESOLUTION #2004-295 APPROVING CHANGE
       ORDER NO. 6 TO IMPROVEMENT 2002-03 AND ADDING THERETO FOR STREET
       RECONSTRUCTION ON WEST RIVER ROAD FROM BROOKDALE DRIVE TO 97TH AVENUE
       TO THE CONTRACT OF PALDA AND SONS, INC.

       4.8 TO REDUCE RETAINADE FROM 2% TO 1% FOR IMPROVEMENT 2002-03, PROJECT ST-
       977 AND ST-1350.

       4.9 TO WAIVE THE READING AND ADOPT RESOLUTION #2004-296 MODIFYING AN
       EXISTING CONTRACT AND ADDING THERETO FOR IMPROVEMENT 2004-04, PROJECTS
       ST-1410, SS-1411, W-1412, ST-1413 AND SS-1414, CHANGE ORDER NO. 1 IN THE AMOUNT OF
       $29,835.45 FOR A TOTAL CONTRACT AMOUNT OF $1,000,653.68 TO S. R. WEIDEMA, INC.

       4.10 TO WAIVE THE READING AND ADOPT RESOLUTION #2004-297 MODIFYING AN
       EXISTING CONTRACT AND ADDING THERETO FOR IMPROVEMENT 2002-04, PROJECTS
       ST-1368, W-1369, SS-1370 AND S-1387, CHANGE ORDER NO. 3, IN THE AMOUNT OF $4,473.50
       FOR A TOTAL CONTRACT AMOUNT OF $826,408.31, TO S. R. WEIDEMA, INC.

       4.11 TO AFFIRM THE CULLIGAN COMPANY SEWER SERVICE USE AGREEMENT TERMS
       AND AUTHORIZE THE PREPARATION OF THE AGREEMENT.

       4.12 TO WAIVE THE READING AND ADOPT RESOLUTION #2004-298 APPROVING THE
       “SETTLEMENT AGREEMENT AND RELEASE” AND AUTHORIZE THE MAYOR AND CITY
       MANAGER TO ENTER INTO THE AGREEMENT.

       4.13 TO APPROVE RESOLUTION #2004-299 AMENDING ICMA-RC ADMINISTRATIVE
       SERVICES AGREEMENT TO ESTABLISH A RETIREE HEALTH SAVINGS PLAN.

MOTION PASSED UNANIMOUSLY.

4.1 MOTION SCHMITZ, SECOND SIMMONS TO WAIVE THE READING AND ADOPT ON SECOND
READING ORDINANCE #2004-1022 EXTENDING A MORATORIUM UNTIL FEBRUARY 28, 2005 ON
DEVELOPMENT IN THE CITY’S FLOODPLAIN AREA TO ENACT REQUIRED OFFICIAL CONTROLS.
MOTION PASSED UNANIMOUSLY

5.1 Mayor Lampi opened the hearing to the public to consider vacation of street and utility easements on
Brunswick Avenue, Section 28, Township 199, Range 21.

5.1 Mayor Lampi closed the hearing to the public and returned this item to the Council table for consideration.

5.1 MOTION MEYER, SECOND HAGLUND TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-300 VACATING STREET AND UTILITY EASEMENTS ON BRUNSWICK AVENUE, SECTION 28,
TOWNSHIP 119, RANGE 21. MOTION PASSED UNANIMOUSLY.

5.2 City Manager Doug Reeder gave an overview of the effect of proposed local budgets on:
         ADJOURNED BROOKLYN PARK COUNCIL MEETING; DECEMBER 6, 2004…Page 5

future trends, strategies, personnel and staff additions, personnel and staff reductions, property taxes, how
property taxes are determined, City of Brooklyn Park taxes on the median valued home for taxes payable 2005,
where property taxes go, and illustrated tax levy comparisons.

Mayor Lampi opened the Truth-in-Taxation hearing to the public. The following addressed the Council: Patty
Bloedow, 10015 Russell Avenue North (Opposed tax increase); Nick Verstegen, 8408 Riverview Lane (get
detail on the increases, how to get more informed on this process, how to have true feedback); Sandy Noble,
7432 Meadowwood Dr (Opposed tax increase); Dennis Hanson, 2216 Potomac Trail (Opposed tax increase).

City Clerk Montero read a letter from Mr. Stanley Kondziolka, 9127 Glen Edin Lane opposing taxes for street
maintenance. Mayor Lampi closed the hearing to the public. City Manager Reeder stated that the State
announced their budget and the 1.4 million received from the State for market value relief could be cut.

5.3 Mayor Lampi opened the hearing to the public to consider City Code appendix fee resolution amendments
to recycling utility service charges.

5.3 Mayor Lampi closed the hearing to the public and returned this item to the Council table for consideration.

5.3 MOTION MEYER, SECOND DRAEGER TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-301 TO APPROVE CITY CODE APPENDIX FEE RESOLUTION TABLE AMENDMENTS TO
RECYCLING UTILITY SERVICE CHARGES. MOTION PASSED. ROLL CALL VOTE: YES: DRAEGER,
LAMPI, MEYER, SCHMITZ; NO: SCHNELLMAN, HAGLUND, SIMMONS.

At 8:55 p.m. Mayor Lampi called for a recess and reconvened the meeting at 9:05 p.m.

6.1 MOTION MEYER, SECOND SIMMONS TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-302 APPROVING SITE PLAN REVIEW #04-143 FOR A CHANGE IN USE AND SITE
IMPROVEMENTS LOCATED AT 3045 BROOKDALE DRIVE, SUBJECT TO THE CONDITIONS IN THE
RESOLUTION. MOTION PASSED. HAGLUND AND SCHMITZ VOTED NO.

6.1 MOTION MEYER, SECOND DRAEGER TO APPROVE THE “FIRST RIGHT OF REFUSAL
AGREEMENT” AND AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER INTO THE
AGREEMENT. MOTION PASSED UNANIMOUSLY.

6.2 MOTION HAGLUND, SECOND SIMMONS TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-303 APPROVING COMPREHENSIVE PLAN AMENDMENT #04-153, REGUIDING LAND USE
PLAN FROM OFFICE/LIMITED BUSINESS TO COMMERCIAL FOR BENCHMARK COMMERCIAL
REAL ESTATE GROUP AT 8500 EDINBROOK PARKWAY NORTH. MOTION PASSED. (Draeger out of
the room and returned at 9:28 p.m.)

6.3 MOTION MEYER, SECOND DRAEGER TO WAIVE THE READING AND ADOPT ON FIRST
READING AN ORDINANCE APPROVING ZONING CODE AMENDMENT #04-155 REMOVING
TOWNHOUSES AS USES FROM THE B1, B2, AND B3 ZONING DISTRICTS. MOTION PASSED
UNANIMOUSLY.

6.3 MOTION MEYER, SECOND DRAEGER TO WAIVE THE READING AND ADOPT ON FIRST
READING AN ORDINANCE APPROVING REZONING OF “PARKHAVEN VILLAS” FROM B2 TO R4A;
          ADJOURNED BROOKLYN PARK COUNCIL MEETING; DECEMBER 6, 2004…Page 6

“RIVER WALK ESTATES” FROM B3 TO R6; AND “BROOKLYN PLAZA CONDOMINIUMS” FROM B1
TO R6. MOTION PASSED UNANIMOUSLY.

6.3 MOTION MEYER, SECOND DRAEGER TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-304 APPROVING LAND USE AMENDMENTS #04-155 REDESIGNATING “RIVER WALK
ESTATES” AND “BROOKLYN PLAZA CONDOMINIUMS” TO HIGH DENSITY RESIDENTIAL.
MOTION PASSED UNANIMOUSLY.

6.4 MOTION HAGLUND, SECOND DRAEGER TO WAIVE THE READING AND ADOPT ON FIRST
READING AN ORDINANCE AMENDING CHAPTER 150, THE SIGN CODE, REGARDING TEMPORARY
SIGNS FOR NON-PROFIT AGENCIES. MOTION PASSED UNANIMOUSLY.

6.5 MOTION SCHNELLMAN, SECOND MEYER TO WAIVE THE READING AND ADOPT
RESOLUTION #2004-305 APPROVING COMPREHENSIVE LAND USE PLAN AMENDMENT #04-154
REDESIGNATING PUBLIC LANDS TO PUBLIC INSTITUTION OR PARKS AND OPEN SPACE.
MOTION PASSED UNANIMOUSLY.

6.5 MOTION SCHNELLMAN, SECOND MEYER TO WAIVE THE READING AND ADOPT ON FIRST
READING AN ORDINANCE APPROVING ZONING MAP AMENDMENT #04-154 REZONING PUBLIC
LANDS TO PUBLIC INSTITUTION OR CONSERVANCY DISTRICT. MOTION PASSED
UNANIMOUSLY.

6.6 MOTION MEYER, SECOND HAGLUND TO WAIVE THE READING AND ADOPT ON FIRST
READING ZONING CODE AMENDMENT #04-156 CREATING THE R-4B DETACHED TOWNHOUSE
DISTRICT AND RELATED ORDINANCE MODIFICATIONS. MOTION PASSED UNANIMOUSLY.

6.7 MOTION MEYER, SECOND HAGLUND TO WAIVE THE READING AND ADOPT ON FIRST
READING ZONING CODE AMENDMENT #04-140 MODIFYING REGULATIONS RELATED TO
TOWER PERFORMANCE STANDARDS. MOTION PASSED UNANIMOUSLY.

Council Member Draeger requested that Item #7.7 be put ahead of 7.2 due to the representatives being in the
audience and the lateness of the time.

7.7 MOTION HAGLUND, SECOND MEYER TO WAIVE THE READING AND ADOPT
RESOLUTION#2004-306 AUTHORIZING THE FOOD AND BEVERAGE CONTRACT WITH LOOKOUT
CATERING FOR THE COMMUNITY ACTIVITY CENTER. MOTION PASSED. (Draeger out of the room
and returned at 10:25 p.m.)

7.1 Removed from General Action and placed under Consent as Item #4.11.

7.2 MOTION HAGLUND, SECOND DRAEGER TO WAIVE THE READING AND ADOPT ON SECOND
READING ORDINANCE #2004-1023 AMENDING CHAPTER 112 OF THE CITY CODE. MOTION
PASSED UNANIMOUSLY.

7.2 MOTION HAGLUND, SECOND DRAEGER TO ADOPT A RESOLUTION AMENDING CITY CODE
CHAPTER 112.097 THE ON-SALE WINE FEE.

Discussion was held on: the fee being proposed, what it cost the city to have the license in place, the proposed
fee being too high, being business friendly; staff to conduct a study to justify the increase in fee
         ADJOURNED BROOKLYN PARK COUNCIL MEETING; DECEMBER 6, 2004…Page 7


7.2 MOTION SIMMONS, SECOND SCHNELLMAN TO AMEND MOTION TO REDUCE THE FEE TO
$500.

Discussion was held on a study conducted a few years ago to justify the current $800 fee.

7.2 MOTION LAMPI, SECOND HAGLUND TO AMEND THE MOTION TO KEEP THE FEE AT $800.
Mayor Lampi withdrew motion. Seconder agreed.

7.2 MOTION MEYER TO AMEND THE MOTION TO ADOPT A $1000 FEE. MOTION FAILED DUE TO
LACK OF A SECOND.

7.2 VOTE ON AMENDMENT TO MOTION TO REDUCE THE FEE TO $500. MOTION FAILED. ROLL
CALL VOTE: YES: SCHNELLMAN, SIMMONS. NO: LAMPI, MEYER, HAGLUND, SCHMITZ,
DRAEGER.

7.2 VOTE ON MAIN MOTION. MOTION FAILED. MEYER VOTED YES. (The fee stays at $800).

7.3 Moved to the December 13, 2004 Council Meeting.

7.4 MOTION HAGLUND, SECOND DRAEGER TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-307 AUTHORIZING THE PURCHASE OF SELF CONTAINED BREATHING APPARATUS (SCBA)
AND ASSOCIATED EQUIPMENT FROM CLAREY'S SAFETY EQUIPMENT PER THE APPROVED
FEDERAL GRANT.MOTION PASSED UNANIMOUSLY.

7.4 MOTION HAGLUND, SECOND DRAEGER TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-308 AUTHORIZING THE FIRE DEPARTMENT TO SUBMIT A SUPPLEMENTAL APPLICATION
TO FEMA FOR APPROVAL TO PURCHASE FIRE PREVENTION SUPPLIES AND/OR EQUIPMENT
WITH EXCESS GRANT FUNDS. MOTION PASSED UNANIMOUSLY.

7.5 MOTION MEYER, SECOND DRAEGER TO AUTHORIZE A PARTIAL REIMBURSEMENT OF THE
FINES SPECIALLY ASSESSED TO 2200 YELLOWSTONE TR N. (PID 23-119-21-42-0042) TO CUTLER
MORTGAGE, INC. IN THE AMOUNT OF $7,800.00. MOTION PASSED UNANIMOUSLY.

7.6 MOTION HAGLUND, SECOND DRAEGER TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-309 AUTHORIZING ACCEPTANCE OF (18) POLICE MOBILE DATA COMPUTERS FROM
HENNEPIN COUNTY’S FEDERAL TECHNOLGY GRANT. MOTION PASSED UNANIMOUSLY.

7.8 MOTION HAGLUND, SECOND DRAEGER TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-310 AMENDING FEE RESOLUTION #2000-202 ADOPTING A SCHEDULE OF FEES AND
CHARGES FOR VARIOUS SERVICES, LICENSES AND PERMITS. MOTION PASSED
UNANIMOUSLY.

7.9 MOTION SIMMONS, SECOND SCHNELLMAN TO WAIVE THE READING AND ADOPT A
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FOUR YEAR CONTRACT FOR
CITY PROSECUTOR WITH ROGER FELLOWS, P.A. AND FOR CIVIL LEGAL SERVICES (CITY
ATTORNEY) WITH KENNEDY & GRAVEN, CHARTERED.
          ADJOURNED BROOKLYN PARK COUNCIL MEETING; DECEMBER 6, 2004…Page 8

Discussions were held on: The difference in the Civil Legal retainer of $20,000 between the two firms,
providing a copy of the request for proposal to Council Member Haglund. Council Member Haglund stated he
had questions that he would like to ask and would provide a copy of the questions to Council. He also stated he
would like to interview the firms.

7.9 MOTION DRAEGER, SECOND HAGLUND TO CONTINUE THE RESOLUTION AUTHORIZING
THE CITY MANAGER TO EXECUTE A FOUR YEAR CONTRACT FOR CITY PROSECUTOR WITH
ROGER FELLOWS, P.A. AND FOR CIVIL LEGAL SERVICES (CITY ATTORNEY) WITH KENNEDY &
GRAVEN, CHARTERED TO THE NEXT COUNCIL MEETING. MOTION PASSED UNANIMOUSLY.

8.1 City Manager Reeder briefed Council on the Capital Improvement Plan/Capital Equipment Plan final drafts.
(Council Member Draeger out of the room at 1140 p.m.). At 11:45 p.m. City Attorney Thomson departed; City
Manager Reeder gave a brief overview of the process; CIP program categories; Funding descriptions; revenue
only funds; source and expenditure funds; (Council Member Draeger back at 11:46 p.m.) CIP source documents
used; CIP proposed expenditures for 2005; CEP program categories; CEP funding descriptions; Source funds;
source and expenditure funds; CEP proposed expenditure summary for 2005; and five year plan.

Discussions were held on: what’s left in the city hall remodeling program; trail and pedestrian bridge rehab;
river park renovation; Edinburgh ponds; traffic signal construction at $800,000; 109th Avenue reconstruction;
Kyle Avenue reconstruction; refurbishing and rehabbing the armory; 62nd Avenue reconstruction; traffic signal
on 85th/Regent; budget for the water park;

8.2 City Manager Reeder briefed Council on the 2004-2008 CIP/CEP 2004 Projects Draft Audit
Reports produced by the departments as requested by Council. He stated the reports would be provided in
March and April of each year and compared the plan with what actually happened in the budget.

Discussions were held on: adding a note column to see what happened in 2004; assigning names to the project
numbers; all departments to have the same design and similar columns.

8.3 MOTION DRAEGER, SECOND HAGLUND TO APPROVE STANDING EXECUTIVE POLICY 12,
PUBLIC PURPOSE EXPENDITURES.

Discussions were held on: Reviewing policy on employees using city vehicles to go to the airport, employees
receiving car allowances being reimbursed for mileage, travel policy; and reviewing the Public Purpose
Expenditures policy again for the new Council Members in January.

8.3 MOTION SIMMONS, SECOND LAMPI TO CONTINUE APPROVAL OF THE STANDING
EXECUTIVE POLICY 12, PUBLIC PURPOSE EXPENDITURES UNTIL NEXT WEEK. MOTION PASSED
UNANIMOUSLY.

8.4 Communications Director Mary Cosgrove demonstrated the CitySearch e-packet service to the Council.
(Council Member Schnellman departed at 12:15 a.m.)

Discussions were held on: How much server time it would take; What would it cost for additional servers; how
often to change those servers out; the staff time to review and implement; adding the Charter and City codes for
quick reference; keeping it up to date; the City website needs to be updated and should be taken care of first; the
search capability needs to be refined; and the additional costs associated with program.

8.5 Moved to the December 13, 2004 Council Meeting.
         ADJOURNED BROOKLYN PARK COUNCIL MEETING; DECEMBER 6, 2004…Page 9

8.6 Added to Item #5.2 as an attachment.

ADJOURNMENT - With consensus of the Council, Mayor Lampi adjourned the meeting at 12:48 a.m.

                                              _____________________
                                              STEVE LAMPI, MAYOR
_____________________________
DEVIN MONTERO, CITY CLERK
                       REGULAR BROOKLYN PARK CITY COUNCIL MEETING

Monday, December 13, 2004                                   Brooklyn Park Council Chambers
7:05 p.m.                                                           5200 85th Avenue North

CALL TO ORDER - Mayor Lampi

PRESENT: Mayor Steve Lampi; Council Members Mason Schmitz, Scott Draeger, Jeanette Meyer, Rand
Haglund, Peter Schnellman, and Scott Simmons; City Manager Doug Reeder; City Attorney Jim Thomson; City
Engineer Doran Cote; and City Clerk Devin Montero.

ABSENT: None.

Mayor Lampi opened the meeting with the Pledge of Allegiance.

3A MOTION DRAEGER, SECOND MEYER TO APPROVE THE AGENDA AS SUBMITTED BY THE
CITY CLERK WITH THE ADDITION OF ITEMS 3B2, CITY MANAGERS EMPLOYMENT CONTRACT,
7.11 LIQUOR LICENSES, 8.3 DISCUSSION OF COUNCIL MEETING. MOTION PASSED
UNANIMOUSLY.

3B1 At 7:07 p.m. Mayor Lampi recessed to the Administration Conference room for an executive session.

At 9:55 p.m. Mayor Lampi and Council returned from the executive session and reported that discussion was
held on completing the City Manager’s performance review, discuss issues of concern and put a work plan
together to resolve these issues. He also stated that due to the length of the executive session it was the
consensus of the Council to move Items 7.8 through 7.10 and Items 8.1 through 8.3 to the December 20, 2004
Council Meeting.

3B2 Council Member Haglund withdrew his motion to add Item 3B2. Seconder agreed.

3C1 Mayor Lampi and Council interview applicants for the Citizen Long-Range Improvement Committee.

3C2 MOTION SCHMITZ, SECOND HAGLUND TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-311 ACKNOWLEDGING A CONTRIBUTION TO THE CITY OF BROOKLYN PARK. MOTION
PASSED UNANIMOUSLY.

City Manager Reeder stated that Communications Director Mary Cosgrove was out sick and staff was not
available to brief Council on Chaska wireless services.

3C3 MOTION MEYER, SECOND SCHMITZ TO CONTINUE THIS ITEM TO NEXT WEEK. MOTION
PASSED UNANIMOUSLY.

4.0 MOTION MEYER, SECOND SCHMITZ TO APPROVE THE FOLLOWING ADMINISTRATIVE
CONSENT ITEMS:

       4.1 TO APPROVE EXPENDITURES THAT EXCEED OR WILL EXCEED DIVISION LINE-ITEM
       BUDGETS BY MORE THAN $2,000.

       4.2 TO APPROVE AGREEMENT REGARDING TRANSFER OF CERTAIN IMPROVEMENTS
       BETWEEN THE PARKWOOD TERRACE EAST HOMEOWNER’S ASSOCIATION AND THE
       CITY OF BROOKLYN PARK.
            BROOKLYN PARK COUNCIL MEETING; DECEMBER 13, 2004…Page 2

     4.2 APPROVING RELEASE OF REMAINING ESCROW TO PARKWOOD TERRACE EAST
     HOMEOWNER’S ASSOCIATION, PROJECT THU015.

     4.3 TO AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE A CONTRACT
     BETWEEN XCEL ENERGY AND THE CITY OF BROOKLYN PARK FOR STREET LIGHT
     INSTALLATION FOR PROJECTS ST-1410, SS-1411 AND W-1412, IMPROVEMENT 2004-04.

     4.4 TO WAIVE THE READING AND ADOPT RESOLUTION #2004-314 MODIFYING AN
     EXISTING CONTRACT AND ADDING THERETO FOR IMPROVEMENT 2004-03, PROJECTS
     ST-1399 AND SS-1419, CHANGE ORDER NO. 2 IN THE AMOUNT OF $4,020.64 FOR A TOTAL
     CONTRACT AMOUNT OF $732,323.74 TO FOREST LAKE CONTRACTING, INC.

     4.5 TO WAIVE THE READING AND ADOPT RESOLUTION #2004-313 DETERMINING
     VALIDITY AND SUFFICIENCY OF PETITION AND ORDERING PREPARATION OF
     FEASIBILITY REPORT FOR PROJECTS ST-1420, S-1421, W-1422 AND SS-1423, STREET AND
     UTILITIES ON 97TH AVENUE FROM ZANE AVENUE (CSAH 14) TO HAMPSHIRE AVENUE.

MOTION PASSED UNANIMOUSLY.

6.1 MOTION MEYER, SECOND HAGLUND TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-314 TO DENY THE REQUEST FOR COMPREHENSIVE PLAN AMENDMENT, REGUIDING
LAND USE PLAN FROM COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL; REZONING 11.76
ACRES FROM B2 TO R4A; PRELIMINARY PLAT; AND DEVELOPMENT PLAN REVIEW WITH
PLANNED DEVELOPMENT OVERLAY #04-135 FOR “PARK LANDING”. MOTION PASSED. ROLL
CALL VOTE: YES: DRAEGER, SCHNELLMAN, MEYER, HAGLUND. NO: LAMPI, SIMMONS,
SCHMITZ.

6.2 MOTION HAGLUND, SECOND SCHNELLMAN TO WAIVE THE READING AND ADOPT
RESOLUTION #2004-315 APPROVING VARIANCE TO ZONING CODE #04-152 FOR FENCE HEIGHT
AT GARDEN GATES APARTMENTS. MOTION PASSED UNANIMOUSLY.

6.3 MOTION HAGLUND, SECOND DRAEGER TO WAIVE THE READING AND ADOPT
RESOLUTION #2004-316 APPROVING SITE PLAN REVIEW AND CONDITIONAL USE PERMIT
AMENDMENT OF CUP #1988-3419 & #2000-104 FOR FACILITIES RENOVATION, ADDITION AND
MODIFICATIONS TO THE SITE FOR THE EXISTING HOUSEHOLD HAZARDOUS WASTE AND
RECYCLING CENTER AT 8100 JEFFERSON HIGHWAY. MOTION PASSED UNANIMOUSLY.

6.4 MOTION HAGLUND, SECOND DRAEGER TO WAIVE THE READING AND ADOPT ON SECOND
READING ORDINANCE #2004-1024 APPROVING ZONING CODE AMENDMENT #04-155 REMOVING
TOWNHOUSES AS USES FROM THE B1, B2, AND B3 ZONING DISTRICTS. MOTION PASSED
UNANIMOUSLY.

6.4 MOTION HAGLUND, SECOND DRAEGER TO WAIVE THE READING AND ADOPT ON SECOND
READING ORDINANCE #2004-1025 APPROVING REZONING OF “PARKHAVEN VILLAS” FROM B2
TO R4A; “RIVER WALK ESTATES” FROM B3 TO R6; AND “BROOKLYN PLAZA CONDOMINIUMS”
FROM B1 TO R6. MOTION PASSED UNANIMOUSLY.
                BROOKLYN PARK COUNCIL MEETING; DECEMBER 13, 2004…Page 3

6.5 MOTION SCHMITZ, SECOND HAGLUND TO WAIVE THE READING AND ADOPT ON SECOND
READING ORDINANCE #2004-1026 AMENDING CHAPTER 150, THE SIGN CODE, REGARDING
TEMPORARY SIGNS FOR NON-PROFIT AGENCIES. MOTION PASSED UNANIMOUSLY.

6.5 MOTION SCHMITZ, SECOND MEYER TO APPROVE THE TEXT OF THE SUMMARY OF
ORDINANCE #2004-1026 DETERMINING THAT IT CLEARLY INFORMS THE PUBLIC OF THE
INTENT AND EFFECT OF THE ORDINANCE. MOTION PASSED UNANIMOUSLY.

6.6 MOTION SCHNELLMAN, SECOND SCHMITZ TO WAIVE THE READING AND ADOPT ON
SECOND READING ORDINANCE #2004-1027 APPROVING ZONING MAP AMENDMENT #04-154
REZONING PUBLIC LANDS TO PUBLIC INSTITUTION OR CONSERVANCY DISTRICT. MOTION
PASSED UNANIMOUSLY.

6.7 MOTION MEYER, SECOND HAGLUND TO WAIVE THE READING AND ADOPT ON SECOND
READING ORDINANCE #2004-1028 ZONING CODE AMENDMENT #04-156 CREATING THE R-4B
DETACHED TOWNHOUSE DISTRICT AND RELATED ORDINANCE MODIFICATIONS. MOTION
PASSED UNANIMOUSLY.

6.7 MOTION MEYER, SECOND HAGLUND TO APPROVE THE TEXT OF THE SUMMARY OF
ORDINANCE #2004-1028 DETERMINING THAT IT CLEARLY INFORMS THE PUBLIC OF THE
INTENT AND EFFECT OF THE ORDINANCE. MOTION PASSED UNANIMOUSLY.

6.8 MOTION MEYER, SECOND HAGLUND TO WAIVE THE READING AND ADOPT ON SECOND
READING ORDINANCE #2004-1029 ZONING CODE AMENDMENT #04-140 MODIFYING
REGULATIONS RELATED TO TOWER PERFORMANCE STANDARDS. MOTION PASSED
UNANIMOUSLY.

6.8 MOTION MEYER, SECOND HAGLUND TO APPROVE THE TEXT OF THE SUMMARY OF
ORDINANCE #2004-1029 DETERMINING THAT IT CLEARLY INFORMS THE PUBLIC OF THE
INTENT AND EFFECT OF THE ORDINANCE. MOTION PASSED UNANIMOUSLY.

7.1 Removed from the agenda prior to the meeting.

7.2 MOTION HAGLUND, SECOND MEYER TO WAIVE THE READING AND ADOPT ON FIRST
READING AN ORDINANCE AMENDING CHAPTER 94 OF THE CITY CODE RELATING TO PUBLIC
NUISANCES. MOTION PASSED UNANIMOUSLY.

7.3 MOTION HAGLUND, SECOND SIMMONS TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-317 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROSECUTION
LEGAL SERVICES (CITY PROSECUTOR) WITH ROGER FELLOWS, P.A. MOTION PASSED
UNANIMOUSLY.

7.3 MOTION SCHMITZ, SECOND LAMPI TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-318 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR CIVIL LEGAL
SERVICES (CITY ATTORNEY) WITH KENNEDY & GRAVEN, CHARTERED. MOTION PASSED
UNANIMOUSLY.
               BROOKLYN PARK COUNCIL MEETING; DECEMBER 13, 2004…Page 4

7.4 MOTION HAGLUND, SECOND MEYER TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-319 APPROVING THE MERIT COMPENSATION PLAN FOR EXEMPT EMPLOYEES. MOTION
PASSED UNANIMOUSLY.

7.5 MOTION MEYER, SECOND SCHMITZ TO AUTHORIZE AND DIRECT THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THE AUDITING FIRM OF KERN, DEWENTER, VIERE, LTD. FOR
THE AUDIT OF CALENDAR YEAR 2004. MOTION PASSED UNANIMOUSLY.

7.6 MOTION MEYER, SECOND DRAEGER TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-320 AUTHORIZING FUNDING FOR AN AQUATIC FACILITY FEASIBILITY STUDY. MOTION
PASSED. HAGLUND VOTED NO.

7.7 MOTION MEEYER, SECOND DRAGER TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-321 ALLOWING PAYMENT OF FUNDS IN THE AMOUNT OF $7,800.00 FROM THE
CONTINGENCY FUND TO CUTLER MORTGAGE, INC. MOTION PASSED UNANIMOUSLY.

7.11 MOTION HAGLUND, SECOND DRAEGER TO WAIVE THE READING AND ADOPT ON FIRST
READING AN ORDINANCE AMENDING CHAPTER 112 OF THE CITY CODE.

ADJOURNMENT - With consensus of the Council, Mayor Lampi adjourned the meeting at 12:02 a.m.

                                              _____________________
                                              STEVE LAMPI, MAYOR

_____________________________
DEVIN MONTERO, CITY CLERK
                             BROOKLYN PARK CITY COUNCIL MEETING
                                  CLOSED EXECUTIVE SESSION


Monday, December 13, 2004                                   Brooklyn Park Council Chambers
7:05p.m.                                                            5200 85th Avenue North

CALL TO ORDER – Mayor Steve Lampi

PRESENT: Mayor Steve Lampi, Council Members Scott Draeger, Rand Haglund, Jeanette Meyer, Mason
Schmitz, Peter Schnellman and Scott Simmons; and City Manager Doug Reeder.

ABSENT: None.

The Council met in a closed executive session to resolve issues from the Executive Session held on November
15, 2004.

The closed Executive Session ended at 9:55 p.m. and reconvened to the regular meeting.


                                                  _____________________
                                                  STEVE LAMPI, MAYOR


_____________________________
DEVIN MONTERO, CITY CLERK
                      REGULAR BROOKLYN PARK CITY COUNCIL MEETING

Monday, December 20, 2004                                 Brooklyn Park Council Chambers
7:03 p.m.                                                         5200 85th Avenue North

CALL TO ORDER - Mayor Lampi

PRESENT: Mayor Steve Lampi; Council Members Mason Schmitz, Jeanette Meyer, Rand Haglund, Peter
Schnellman, and Scott Simmons; City Manager Doug Reeder; City Attorney Jim Thomson; City Engineer
Doran Cote; and City Clerk Devin Montero.

ABSENT: Scott Draeger (excused)

Mayor Lampi opened the meeting with the Pledge of Allegiance.

3A MOTION SCHMITZ, SECOND MEYER TO APPROVE THE AGENDA AS SUBMITTED BY THE
CITY CLERK WITH THE ADDITION OF ITEMS 3B2, CONTRIBUTIONS TO THE CITY FROM
COUNCIL MEMBER MEYER; 3B3, CONTRIBUTIONS TO THE CITY FROM COUNCIL MEMBER
SCHMITZ; AND 7.13 INCOMPATABILE OFFICE AND CONFLICT OF INTEREST DISCUSSION.
MOTION PASSED UNANIMOUSLY.

3B1 MOTION MEYER, SECOND SCHMITZ TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-322 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF BROOKLYN PARK. MOTION
PASSED UNANIMOUSLY.

3B2 MOTION SCHMITZ, SECOND HAGLUND TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-323 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF BROOKLYN PARK. MOTION
PASSED UNANIMOUSLY.

3B3 MOTION MEYER, SECOND LAMPI TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-324 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF BROOKLYN PARK. MOTION
PASSED UNANIMOUSLY.

4.0 MOTION MEYER, SECOND LAMPI TO APPROVE THE FOLLOWING ADMINISTRATIVE
CONSENT ITEM:

       4.1 TO APPROVE A TOBACCO SALES LICENSE FOR HAMZA SUMRIN AND HEIDER
       ELMEALA, DBA QUICK STOP AT 5700 BROOKDALE DRIVE NORTH.

       4.2 TO WAIVE THE READING AND ADOPT RESOLUTION #2004-325 MODIFYING AN
       EXISTING CONTRACT AND ADDING THERETO FOR IMPROVEMENT 2004-03, PROJECTS
       ST-1399 AND SS-1419, CHANGE ORDER NO. 2 IN THE AMOUNT OF $4,393.64 FOR A TOTAL
       CONTRACT AMOUNT OF $732,696.74 TO FOREST LAKE CONTRACTING, INC.

MOTION PASSED UNANIMOUSLY.

7.8 MOTION LAMPI, SECOND MEYER TO APPROVE THE 2005-2009 CAPITAL IMPROVEMENT
PLAN (CIP) AS A FLEXIBLE GUIDE FOR YEARS 2006-2009 AS A BUDGETING TOOL FOR THE
CURRENT YEAR. MOTION PASSED ROLL CALL VOTE: YES: SCHNELLMAN, LAMPI, MEYER,
SIMMONS; NO: HAGLUND, SCHMITZ. ABSENT: DRAEGER.
                 BROOKLYN PARK COUNCIL MEETING; DECEMBER 20, 2004…Page 2

7.8 MOTION LAMPI, SECOND MEYER TO APPROVE THE 2005-2009 CAPITAL EQUIPMENT PLAN
(CEP) AS A FLEXIBLE GUIDE FOR YEARS 2006-2009 AS A BUDGETING TOOL FOR THE CURRENT
YEAR. MOTION PASSED. SCHMITZ VOTED NO.

7.9 MOTION SCHMITZ THAT COUNCIL RAISES ARE TO REMAIN AT A ZERO INCREASE FOR THE
NEXT TWO YEARS. Discussion was held on the council salary set by ordinance and completed prior to the
next election. MOTION FAILED DUE TO LACK OF SECOND.

7.9 MOTION SCHMITZ, SECOND MEYER TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-326 APPROVING THE 2005 GENERAL FUND AND DEBT SERVICE FUNDS BUDGETS.

7.9 MOTION SIMMONS, SECOND SCHNELLMAN TO AMEND MOTION TO REDUCE THE BUDGET
BY TWENTY PERCENT ($7,400) GOING TO THE NORTH METRO MAYORS ASSOCIATION. MOTION
FAILED. ROLL CALL VOTE: YES: SCHNELLMAN, HAGLUND, SIMMONS; NO: LAMPI, MEYER,
SCHMITZ; ABSENT: DRAEGER.

7.9 MOTION MEYER, SECOND HAGLUND AMEND MOTION TO NOTIFY SILVER BLUE THAT THE
CITY WILL EXERCISE THE OPTION TO EXTEND THE CONTRACT FOR ONE YEAR. MOTION
PASSED. ROLL CALL VOTE: YES: MEYER, HAGLUND, SCHMITZ, SCHNELLMAN; NO: LAMPI,
SIMMONS; ABSENT: DRAEGER.

7.9 MOTION SIMMONS, SECOND HAGLUND, TO AMEND MOTION TO REMOVE THE
ASSOCIATION OF METROPOLITAN MUNICIPALITIES (AMM) FROM THE BUDGET. MOTION
PASSED. LAMPI VOTED NO.

7.9 MOTION SIMMONS, SECOND SCHNELLMAN TO AMEND MOTION TO REDUCE THE SUPPLY
BUDGET BY $80,000. MOTION PASSED. MEYER VOTED NO.

7.9 MOTION HAGLUND, SECOND SCHNELLMAN TO AMEND MOTION TO WITHDRAW THE
MEMBERSHIP FROM THE NATIONAL LEAGUE OF CITIES. MOTION FAILED. ROLL CALL VOTE:
YES: HAGLUND, SIMMONS, SCHNELLMAN; NO: MEYER, SCHMITZ, LAMPI; ABSENT: DRAEGER.

7.9 VOTE ON MAIN MOTION. MOTION PASSED. HAGLUND VOTED. NO.

7.9 MOTION SCHMITZ, SECOND MEYER TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-327 CERTIFYING THE 2005 GENERAL TAX LEVY. MOTION PASSED UNANIMOUSLY.

It was the consensus of the Council to move to Item 7.12 due to the representative being in the audience.

7.12 Diane Deblon, Assistant Finance Director, briefed Council on the audit proposed. Discussions were held
on: the years to be audited; test expenditures for items in CIP/CEP; project numbers in CIP/CEP not
transferable to the financial management system; other cities with similar problems with planning documents.

7.12 MOTION SCHMITZ, SECOND LAMPI, TO HAVE KERN, DEVWENTER, VIERE (KDV) PERFORM
AN AUDIT FOR THE YEAR 2004. MOTION FAILED. SCHNELLMAN, HAGLUND, MEYER VOTED
NO.

At 9:50 p.m. Mayor Lampi called for a recess and reconvened the meeting at 10:00 p.m.
            BROOKLYN PARK COUNCIL MEETING; DECEMBER 20, 2004…Page 3

7.9 MOTION MEYER, SECOND SCHMITZ TO WAIVE THE READING AND ADOPT A RESOLUTION
APPROVING A SPECIAL BENEFIT TAX AND CITY TAX LEVY FOR THE PURPOSE OF DEFRAYING
THE COSTS INCURRED BY THE BROOKLYN PARK ECONOMIC DEVELOPMENT AUTHORITY
UNDER ITS HOUSING AND REDEVELOPMENT POWERS FOR THE YEAR 2005 AND APPROVAL OF
THE ECONOMIC DEVELOPMENT FUND BUDGET FOR 2005.

7.9 MOTION SIMMONS, SECOND SCHNELLMAN TO AMEND MOTION TO REDUCE THE
ECONOMIC DEVELOPMENT AUTHORITY LEVY BY $200,000. Council Member Simmons withdrew
motion. Seconder agreed.

7.9 MOTION MEYER, SECOND LAMPI TO AMEND MOTION TO REDUCE THE LEVY AMOUNT
EQUAL TO $200,000. MOTION FAILED. SCHNELLMAN, SIMMONS, HAGLUND, SCHMITZ VOTED
NO.

7.9 MOTION SCHNELLMAN, SECOND MEYER TO AMEND MOTION TO REDUCE THE ECONOMIC
DEVELOPMENT AUTHORITY TAX LEVY BY $400,000. MOTION FAILED. ROLL CALL VOTE: YES:
SIMMONS, SCHNELLMAN; NO: HAGLUND, SCHMITZ, LAMPI, MEYER; ABSENT: DRAEGER.

7.9 VOTE ON MAIN MOTION FAILED. ROLL CALL VOTE: YES: SCHMITZ, LAMPI, MEYER; NO:
SIMMONS, SCHNELLMAN, HAGLUND. ABSENT: DRAEGER.

7.9 MOTION SCHMITZ, SECOND MEYER TO APPROVE THE HRA LEVY PART OF THE PREVIOUS
RESOLUTION.

7.9 MOTION MEYER, SECOND SCHNELLMAN TO AMEND MOTION TO WITHDRAW THE
MEMBERSHIP FROM THE 610 CROSSING COALITION AND USE IT FOR AN EDA PROJECT.
MOTION FAILED. ROLL CALL VOTE: YES: SCHNELLMAN, MEYER; NO: SCHMITZ, LAMPI,
HAGLUND, SIMMONS; ABSENT: DRAEGER.

7.9 VOTE ON MAIN MOTION TO WAIVE THE READING AND ADOPT RESOLUTION #2004-328
APPROVING A SPECIAL BENEFIT TAX FOR THE PURPOSE OF DEFRAYING THE COSTS
INCURRED BY THE BROOKLYN PARK ECONOMIC DEVELOPMENT AUTHORITY UNDER ITS
HOUSING AND REDEVELOPMENT POWERS FOR THE YEAR 2005 AND APPROVAL OF THE
ECONOMIC EVELOPMENT FUND BUDGET FOR 2005. MOTION PASSED. ROLL CALL VOTE: YES:
LAMPI, MEYER, SIMMONS, SCHMITZ; NO: SCHNELLMAN, HAGLUND.

7.9 MOTION MEYER, SECOND SCHMITZ TO APPROVE AN ADDITIONAL LEVY RELATED TO THE
DECERTIFICATION OF VARIOUS TAX INCREMENT DISTRICTS WITHIN THE CITY. MOTION
FAILED. ROLL CALL VOTE: YES: LAMPI, MEYER, SCHMITZ; NO: SCHNELLMAN, HAGLUND,
SIMMONS; ABSENT: DRAEGER.

7.10 MOTION MEYER, SECOND SIMMONS TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-329 APPROVING THE APPROPRIATIONS AND REVENUE SOURCES FOR ALL ENTERPRISE
FUNDS. MOTION PASSED UNANIMOUSLY.

7.10 MOTION MEYER, SECOND SIMMONS TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-330 APPROVING THE APPROPRIATIONS AND REVENUE SOURCES FOR ALL INTERNAL
SERVICE FUNDS. MOTION PASSED UNANIMOUSLY.
                BROOKLYN PARK COUNCIL MEETING; DECEMBER 20, 2004…Page 4

7.10 MOTION MEYER, SECOND SIMMONS TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-331 APPROVING THE APPROPRIATIONS AND REVENUE SOURCES FOR ALL NON-LEVY
EDA FUNDS. MOTION PASSED UNANIMOUSLY.

7.10 MOTION MEYER, SECOND SIMMONS TO WAIVE THE READING AND ADOPT RESOLUTION
#2004-332 APPROVING THE APPROPRIATIONS AND REVENUE SOURCES FOR ALL OTHER NON-
LEVY FUNDS. MOTION PASSED UNANIMOUSLY.

7.11 MOTION LAMPI, SECOND SCHMITZ TO APPOINT EUGENE DIX TO THE CITIZEN LONG-
RANGE IMPROVEMENT COMMITTEE REPRESENTING THE CITY AT-LARGE, EFFECTIVE
JANUARY 1, 2005, FOR THE BALANCE OF A TERM TO EXPIRE ON APRIL 1, 2006. MOTION PASSED
UNANIMOUSLY.

7.11 MOTION LAMPI, SECOND SCHMITZ TO APPOINT BEN DOSSMAN IV TO THE CITIZEN LONG-
RANGE IMPROVEMENT COMMITTEE REPRESENTING THE EAST DISTRICT EFFECTIVE
IMMEDIATELY FOR THE BALANCE OF A TERM TO EXPIRE ON APRIL 1, 2006. MOTION PASSED
UNANIMOUSLY.

7.13 City Attorney Thomson briefed Council on issues of incompatible office and conflict of interest; a
volunteer firefighter being on council; another Council Member issue with part time employment with the city;
and contacting the Attorney General for an updated opinion on this issue.

7.13 MOTION SCHMITZ, SECOND MEYER TO HAVE THE CITY ATTORNEY CONTACT THE
ATTORNEY GENERAL FOR AN OPINION PERTAINING TO PART TIME EMPLOYMENT WITH THE
CITY. MOTION PASSED. LAMPI VOTED NO.

8.1 MOTION SIMMONS, SECOND SCHNELLMAN TO APPROVE STANDING EXECUTIVE POLICY 12,
PUBLIC PURPOSE EXPENDITURES DATED MAY 24, 2004. MOTION PASSED UNANIMOUSLY.

8.2 At 11:32 p.m. Mayor Lampi recessed to the Administration Conference room for the executive session. City
Attorney Thomson stated the purpose of the executive session was the continuation of the performance review
of the City Manager.

At 12:00 a.m. Mayor Lampi and Council returned from the executive session and Mayor Lampi reported that
discussion was held on the City Manager’s work plan and made adjustments.

ADJOURNMENT - With consensus of the Council, Mayor Lampi adjourned the meeting at 12:10 a.m.



                                                   _____________________
                                                   STEVE LAMPI, MAYOR

_____________________________
DEVIN MONTERO, CITY CLERK
                             BROOKLYN PARK CITY COUNCIL MEETING
                                 CLOSED EXECUTIVE SESSION


Monday, December 20, 2004                                   Brooklyn Park Council Chambers
11:35 p.m.                                                          5200 85th Avenue North

CALL TO ORDER – Mayor Steve Lampi

PRESENT: Mayor Steve Lampi, Council Members Rand Haglund, Jeanette Meyer, Mason Schmitz, Peter
Schnellman and Scott Simmons; and City Manager Doug Reeder.

ABSENT: Scott Draeger (excused).

The Council met in a closed executive session to conduct a performance review on the City Manager’s work
plan.

The closed Executive Session ended at 12:00 a.m. and reconvened to the regular meeting.



                                                  _____________________
                                                  STEVE LAMPI, MAYOR


_____________________________
DEVIN MONTERO, CITY CLERK
 City of Brooklyn Park
 Request for Council Action
 Agenda Item No.:            4.2                                     Meeting Date:        1-10-2005

                                                                     Originating          Community
 Agenda Section:             Consent
                                                                     Dept.:               Development

 Resolution:                 N/A
                                                                     Prepared By:         JoAnn Millette
 Ordinance                   N/A

 No. of Attachments:         N/A                                     Presented By:        Cindy Sherman

 Item:                       Letters of Credit/Bond Releases, Escrow/Cash Bond Releases.

City Manager’s Proposed Action:

MOTION              , SECOND              , TO RELEASE THE CASH BOND ($14,680) AND
THE ENGINEERING ESCROW ($1,930.47) FOR SATISFACTORY COMPLETION OF THE “ST.
GERARD’S MANOR 3RD ADDITION” PROJECT #00-102 LOCATED SOUTH OF 101ST AVENUE AND
EAST OF REGENT AVENUE FOR TSM DEVELOPMENT.

 MOTION                 , SECOND           , TO RELEASE THE ENGINEERING ESCROW
($6,758.79) FOR SATISFACTORY COMPLETION OF THE “BROOKLYN PARK EDA DIVISION 3”
PROJECT #00-129 LOCATED NORTH OF NEDDERSEN PARKWAY AND WEST OF ZANE AVENUE
FOR TSM DEVELOPMENT.

MOTION                , SECOND            , TO RELEASE THE CASH BOND ($15,700) AND
THE ENGINEERING ESCROW ($2,696.26) FOR SATISFACTORY COMPLETION OF THE “PINEBROOK
VILLAGE 5TH ADDITION” PROJECT #00-150 LOCATED NORTH OF 610 AND EAST OF NOBLE
PARKWAY FOR NEWLAND COMMUNITIES.

MOTION               , SECOND             , TO REDUCE THE CASH BOND BY $80,000 AND
REDUCE THE ENGINEERING ESCROW ACCOUNT BY $50,000 FOR SATISFACTORY PROGRESS ON
“PINEBROOK ESTATES 1ST AND 2ND ADDITION” PROJECT #00-155 LOCATED NORTH OF 97TH
AVENUE AT ALMOND AVENUE FOR NEWLAND COMMUNITIES.

The “Pinebrook Estates 1st & 2nd Addition” project located north of 97th Avenue at Almond Avenue has nearly
completed the improvements required for the project. This warrants a reduction in the sureties held by the City
on the project. The City will continue to hold a cash bond in the amount of $40,000, and an engineering escrow
in the amount of approximately $11,500.

Attachments: N/A
City of Brooklyn Park
Request for Council Action
                                               Meeting Date:
Agenda Item No:        4.3                                            January 10, 2005
                                               Originating
Agenda Section:        Consent                 Department:            Finance & Administrative Services

Resolution             N/A                     Prepared By:

Ordinance              N/A                                            Linda Norrbohm

No. of Attachments     N/A                      Presented By:         Betty Peterson
                       Approve a Temporary On-Sale Liquor license for Hennepin Technical College
Item:                  Foundation, 9000 Brooklyn Boulevard North for their Manufacturer’s Marketplace
                       event to be held on January 25, 2005.


City Manager’s Proposed Action:

MOTION____________, SECOND_____________, TO APPROVE A TEMPORARY ON-SALE LIQUOR
LICENSE FOR HENNEPIN TECHNICAL COLLEGE FOUNDATION, 9000 BROOKLYN BOULEVARD
NORTH FOR THEIR MANUFACTURER’S MARKETPLACE EVENT TO BE HELD ON JANUARY 25,
2005.

Overview:

The Police Department has completed their investigation and recommends approval of this Temporary On-Sale
Liquor license. An inspection was conducted by the Community Development Division and no code violations
were witnessed. Therefore, Community Development recommends approval of this license. The reports from
the Police Department and Community Development are on file in the Licensing Division and are available
upon request.

Primary Issues/Alternatives to Consider: N/A

Budgetary/Fiscal Issues: N/A

Attachments: N/A
City of Brooklyn Park
Request for Council Action
                                                 Meeting Date:
Agenda Item No:         4.4                                              January 10, 2005
                                                 Originating
Agenda Section:         Consent                  Department:             Administration

Resolution              N/A                      Prepared By:
                                                                         Calvin Portner, Asst. to City
Ordinance               N/A                                              Manager

No. of Attachments      N/A                      Presented By:           Doug Reeder

Item:                   Confirming the City Manager’s Appointment of Devin Montero As City Clerk

City Manager’s Proposed Action:

MOTION _______________, SECOND _______________ TO CONFIRM THE CITY MANAGER’S
APPOINTMENT OF DEVIN MONTERO AS CITY CLERK EFFECTIVE JANUARY 4, 2005.

Overview:

The City Charter, Chapter 7.03, Section 2, requires the City Council approve the City Manager’s appointment to
City Clerk.

The City received a Notice of Resignation dated August 12, 2003, from City Clerk Joan Schmidt effective
September 5, 2003. FAS Director Greg Andrews was appointed City Clerk by the City Manager and approved
by the Council effective September 8, 2003 with many of the City Clerk duties reassigned to Deputy City Clerk
Devin Montero.

Deputy Clerk Devin Montero was appointed by the Council as Acting City Clerk in June of 2004.

In December of 2004, following the direction of the City Council, the City began a search for a permanent City
Clerk in accordance with City hiring policies. On January 3, 2005, the City Manager appointed Devin Montero
as City Clerk.

The City Manager recommends the appointment of Devin Montero as City Clerk effective January 4, 2005, and
requests City Council’s approval of the appointment as required by City Charter.


Attachments: N/A
 City of Brooklyn Park
 Request for Council Action
 Agenda Item No.:             7.1                                       Meeting Date:        January 10, 2005
                                                                        Originating
 Agenda Section:              General Action Items                      Dept.:               Administration
 Resolution:                  N/A
                                                                                             Doug Reeder,
 Ordinance                    N/A                                       Prepared By:         City Manager

                                                                                             Doug Reeder,
 No. of Attachments:          N/A                                       Presented By:        City Manager
 Item:                        Set Date for Council Retreat

City Manager’s Proposed Action:

MOTION ______________, SECOND______________ TO SET ______________________________ AS
THE DATE FOR A COUNCIL RETREAT TO BE HELD AT _______________________.

Overview:

Annually the City Council has met in a retreat to establish goals for the year. Prior to 2003 the only staff in
attendance was the City Manager, Director of Finance, City Clerk, and City Attorney.

Primary issues/alternatives to consider:

1. Date of Retreat:
       - Monday, January 31, 7:00 p.m.
       - Saturday, January 29, 8:00 a.m. (conflicts with League seminars – Meyer, Mata and Gearin)
       - Saturday, February 19, 8:00 a.m.

2. Location of Retreat:
      - Brooklyn Township Conference Room
      - Community Activity Center
      - Council Chambers

3. Facilitator
       - Yes
       - No

4. Staff Present:
       - City Manager and City Clerk
       - City Manager and all Directors
       - City Manager and some Directors

5. Topics:
      - Goal setting for 2005
      - Other
6. Quarterly Retreat Meetings
      - The only months with the 5th Monday are January, May, August and October
      - On Saturdays in other months (March, June and September)
      - 4th Monday in April (have four regular meetings in May if needed), 5th Monday in August, 5th Monday
        in October
      - Combine with 4th Monday regular Council meeting in April, June and November

Budgetary/Fiscal Issues: N/A

Attachment: N/A
 City of Brooklyn Park
 Request for Council Action
 Agenda Item No.            7.2                                    Meeting Date:       January 10, 2005
                                                                   Originating         Administration
 Agenda Section:            General Action Items                   Dept.:
 Resolution:                N/A                                                        Marlene Kryder,
                                                                   Prepared By:        Program Assistant
 Ordinance                  N/A
 No. of Attachments:        3                                      Presented By:       Steve Lampi, Mayor
 Item:                      Appointment of Council Liaisons


City Manager’s Proposed Action:

MAYOR LAMPI APPOINTED __________________ AND __________________ AS LIAISONS BETWEEN
THE CITY COUNCIL AND THE APARTMENT OWNERS ADVISORY BODY FOR THE YEAR 2005.

MAYOR LAMPI APPOINTED __________________, __________________, AND __________________,
AS MEMBERS OF THE AUDIT COMMITTEE FOR THE YEAR 2005.

MAYOR LAMPI APPOINTED __________________ AS LIAISON BETWEEN THE CITY COUNCIL AND
THE BUDGET ADVISORY COMMISSION FOR THE YEAR 2005.

MAYOR LAMPI APPOINTED __________________ AS LIAISON BETWEEN THE CITY COUNCIL AND
THE CHARTER COMMISSION FOR THE YEAR 2005.

MAYOR LAMPI APPOINTED __________________ AS LIAISON BETWEEN THE CITY COUNCIL AND
THE CITIZEN LONG-RANGE IMPROVEMENT COMMITTEE FOR THE YEAR 2005.

MAYOR LAMPI APPOINTED __________________ AS LIAISON BETWEEN THE CITY COUNCIL AND
THE HUMAN RELATIONS COMMISSION FOR THE YEAR 2005.

MAYOR LAMPI APPOINTED __________________ AS LIAISON BETWEEN THE CITY COUNCIL AND
THE PARK AND RECREATION ADVISORY COMMISSION FOR THE YEAR 2005.

MAYOR LAMPI APPOINTED __________________ AS LIAISON BETWEEN THE CITY COUNCIL AND
THE PLANNING COMMISSION FOR THE YEAR 2005.

MAYOR LAMPI APPOINTED __________________ AS LIAISON BETWEEN THE CITY COUNCIL AND
THE PROPERTY MANAGER’S COALITION FOR THE YEAR 2005.

Overview:
Council Liaisons need to be appointed to be in compliance with Resolution #2003-76 “Establishing Standards
for City Boards and Commission, Section 12 d. Liaisons. The Mayor must annually appoint one Council
member as an ex-officio member without voting rights to each advisory commission who shall serve as liaison
between the Council and the Commission.”
Primary issues/alternatives to consider: N/A

Budgetary/Fiscal Issues: N/A

Attachments:

7.2   2005 COUNCIL LIAISON CHART FORM
7.2   2004 COUNCIL LIAISON CHART
7.2   2003 COUNCIL LIAISON CHART
                                                        2005 COUNCIL LIAISON/DELEGATE
                                                       TO CITY COMMITTEES/COMMISSIONS


                                                        Mayor               Terry    Mark       Jeanette      Mason               Scott     Mike      Doug
                                                        Lampi               Gearin   Mata        Meyer        Schmitz           Simmons   Trepanier   Reeder


    AMM (Association
    Of Metropolitan
    Municipalities)


    Apartment Owners Advisory
    Body


    Audit Committee



    Budget Advisory Commission
    2nd Tues., 7:00 p.m.
    Sept. through May

    Charter
    2nd Wed., 7:30 p.m.


    CLIC
    2nd & 4th Thurs., 7:00 p.m.


    Come Home to the Park



    Human Relations
    3rd Thurs., 7:00 p.m.


    Park/Rec. Advisory
    3rd Wed., 7:00 p.m.


    Planning
    2nd & 4th Wed., 7:00 p.m.


    Property Mgr's. Coalition
    (formerly Apt. Mgr’s. Coalition)


    Suburban Rate Authority                          (Diane Deblon, Director; Doran Cote, Alternate Director to SRA for 2005)




G:\CITYMGR\WPFILES\Council Guidebook\Council Liaison Delegate 01-2005.doc
                                   2004 COUNCIL LIAISON/DELEGATE
                                  TO CITY COMMITTEES/COMMISSIONS


                                  Mayor           Scott             Rand               Jeanette           Mason          Peter       Scott   Doug
                                  Lampi          Draeger           Haglund              Meyer             Schmitz     Schnellman   Simmons   Reeder


AMM (Association
Of Metropolitan
Municipalities)                                                     (Alternate)




Apartment Owners Advisory
Body


Audit Committee



Budget Advisory Commission
2nd Tues., 7:00 p.m.
Sept. through May

Charter
2nd Wed., 7:30 p.m.


CLIC
2nd & 4th Thurs., 7:00 p.m.


Come Home to the Park



Human Relations
3rd Thurs., 7:00 p.m.


Park/Rec. Advisory
3rd Wed., 7:00 p.m.


Planning
2nd & 4th Wed., 7:00 p.m.


Property Mgr's. Coalition
(formerly Apt.          Mgr’s.
Coalition)

Suburban Rate Authority          (Diane Deblon, Director; Doran Cote, Alternate Director to SRA for 2004)




                                          G:\CITYMGR\WPFILES\Council Guidebook\Council Liaison Delegate 01-2004.doc
                                                                      Rev. 011504
                                                2003 COUNCIL LIAISON/DELEGATE
                                               TO CITY COMMITTEES/COMMISSIONS
                                                Mayor          Scott       Rand             Jeanette   Mason            Peter       Scott   Doug
                                                Lampi         Draeger     Haglund            Meyer     Schmitz       Schnellman   Simmons   Reeder


   AMM (Association
   Of Metropolitan
   Municipalities)                                                         (Alternate)




   Apartment Owners Advisory
   Body


   Audit Committee



   Budget Advisory Commission
   2nd Tues., 7:30 p.m.
   Sept. through May

   Charter
   2nd Wed., 7:30 p.m.


   CLIC
   2nd & 4th Thurs., 7:00 p.m.


   Come Home to the Park



   Human Relations
   3rd Thurs., 7:00 p.m.


   NWHHSC
   2nd Wed., 9:00 a.m.

   Park/Rec. Advisory
   3rd Wed., 7:00 p.m.


   Planning
   2nd & 4th Wed., 7:00 p.m.


   Property Mgr's. Coalition
   (formerly Apt. Mgr’s.
   Coalition)


   Suburban Rate Authority                    (Diane Deblon, Director; Doran Cote, Alternate Director to SRA for 2003)

G:\CITYMGR\WPFILES\Council Guidebook\Council Liaison Delegate.doc
                                                                              Rev. 072903
City of Brooklyn Park
Request for Council Action
Agenda Item No.:             7.3                                      Meeting Date:           January 10, 2005
Agenda Section:              General Action Items                     Originating             Administration
                                                                      Dept.:
Resolution:                  X                                        Prepared By:            Devin Montero,
                                                                                              City Clerk
Ordinance                    N/A
                                                                                              Douglas Reeder,
No. of Attachments:          1                                        Presented By:
                                                                                              City Manager
Item:                        Resolution authorizing supplemental compensation for Mayor and Council
                             Members who attend approved municipal functions

City Manager’s Proposed Action:

MOTION ______________, SECOND______________ TO WAIVE THE READING AND ADOPT
RESOLUTION #2005-____ AUTHORIZING SUPPLEMENTAL COMPENSATION FOR MAYOR AND
COUNCIL MEMBERS WHO ATTEND APPROVED MUNICIPAL FUNCTIONS.

Overview:

Annually the Council has taken action to approve certain municipal functions to which members of the City
Council would be authorized to attend during the year.

Primary issues/alternatives to consider:

The Council may at its discretion amend the list of activities contained in the resolution.

Budgetary/Fiscal Issues:

The activities listed in the proposed resolution reflect activities approved in the 2005 Budget.

Attachment:

7.3     RESOLUTION
                                                                                           7.3 RESOLUTION


                                           RESOLUTION #2005-

                          RESOLUTION AUTHORIZING SUPPLEMENTAL
                           COMPENSATION FOR MAYOR AND COUNCIL
                         WHO ATTEND APPROVED MUNICIPAL FUNCTIONS

       WHEREAS, Section 115 of the City Code states:

       "The Mayor and/or Council Members are sometimes required to attend municipal functions or to take
       time from their regular employment to perform services beneficial to the city. Additional compensation
       shall be paid to the Mayor or Council members in those cases subject to the following conditions:

       1.     The activity and number of days for which the Council Member is to be engaged shall be
              approved by the City Council prior to their participation.

       2.     The Mayor and Council Member shall be paid $50 per day as supplemental compensation for
              each day approved and for which the member is in attendance at the approved activity.

and

        WHEREAS, the Mayor and City Council have expressed interest in attending the following and/or
similar activities during 2005:

       ·      National League of Cities Congressional-City Conference, Washington, D.C. (3 attendees)
       ·      League of Minnesota Cities Conferences
       ·      League of Minnesota Cities Board of Directors
       ·      National League of Cities Congress of Cities (3 attendees)
       ·      National League of Cities Steering Committees
       ·      Minnesota Mayors Assn. Annual Conference
       ·      League of Minnesota Cities Committees

        NOW, THEREFORE, BE IT RESOLVED that the above-stated activities shall be approved activities
for the Mayor and Council Members for 2005 and that dates for each activity shall be approved days for the
Mayor and City Council to receive supplemental compensation of $50 per day in addition to reimbursement for
expenses incurred consistent with the City Travel Policy and Procedures.

        BE IT FURTHER RESOLVED that for the above activities that are held outside of the State of
Minnesota, there shall be two additional days approved for receiving supplemental compensation to cover travel
time to and from the activity.
 City of Brooklyn Park
 Request for Council Action
 Agenda Item No.:            7.4                                      Meeting Date:   January 10, 2005
                                                                      Originating
 Agenda Section:             General Action Items                     Dept.:          Administration
 Resolution:                 X                                        Prepared By:    Devin Montero,
                                                                                      City Clerk
 Ordinance                   N/A

 No. of Attachments:         1                                        Presented By:   Steve Lampi, Mayor
 Item:                       Resolution relating to Council/staff responsibilities


City Manager’s Proposed Action:

MOTION __________________, SECOND ______________ TO WAIVE THE READING AND ADOPT
RESOLUTION #2005-___ RELATING TO COUNCIL-STAFF RESPONSIBILITIES.

Overview:

This resolution is reviewed annually by the City Council.

Primary issues/alternatives to consider: N/A

Budgetary/Fiscal Issues: N/A

Attachment:
7.4   RESOLUTION RELATING TO COUNCIL-STAFF RESPONSIBILITIES
                                                                                                   RESOLUTION 7.4

                                               RESOLUTION #2005-

                                        RESOLUTION RELATING TO
                                     COUNCIL/STAFF RESPONSIBILITIES


       WHEREAS, the City Council is composed of seven people whom have other full-time occupations and
responsibilities; and

       WHEREAS, the people who serve on this Council must depend on the city's staff to provide them with a
large amount of background information, data, and expertise to aid the City Council in determining issues,
developing policy, and administering the Council's responsibilities in a fair and impartial manner; and

        WHEREAS, the city attempts to hire and employ people who can and will provide the best advice possible
to the Council and who can and will serve the public interest.

        NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN
PARK:

1.      The City Manager and staff are directed to develop and transmit to this Council background information and
        data based upon their experience and best judgment and are further directed to be honest and candid in
        developing and transmitting said information, keeping in mind that their sole purpose is to serve the public
        interest.

2.      This Council pledges that no staff member shall suffer recrimination for acting in an honest and candid
        manner in protecting and promoting the public interest.

3.      This Council further states to its staff that the Council will carry out its responsibilities in the decision
        process as established by federal, state and local statutes, ordinances and the City Charter and will do so in a
        fair and impartial manner. Any city employee, elected or appointed, who is found to have transmitted to this
        Council information designed to promote their own financial interest or the financial interest of a friend
        contrary to the City Charter or other state statutes will be censored and prosecuted in accordance with the
        laws of this state and this city.

4.      The simple intent of this resolution is to remind each of us, Council and staff, that we are here to serve the
        public interest and not to promote or serve individual interests. In carrying forth this purpose, we, Council
        and staff, are dependent upon each other and must be in a position to be open, candid and honest with each
        other in transacting the city's business.

5.      This resolution shall be kept on file in the City Clerk's office and shall be returned to the new City Council
        for consideration at the first official meeting each year.

6.      A copy shall be posted on employee bulletin boards for a two-week period following its adoption.
 City of Brooklyn Park
 Request for Council Action
 Agenda Item No.:            7.5                                      Meeting Date:        January 10, 2005
                                                                      Originating
 Agenda Section:             Other Business                           Dept.:               Administration

 Resolution:                 X                                        Prepared By:
                                                                                           Devin Montero,
 Ordinance                   N/A                                                           City Clerk

                                                                      Presented By:        Doug Reeder, City
 No. of Attachments:         1                                                             Manager
 Item:                        Resolution relating to Business Expenses of the City Council


City Manager’s Proposed Action:

MOTION ______________, SECOND______________ TO WAIVE THE READING AND ADOPT
RESOLUTION #2005-____ RELATING TO BUSINESS EXPENSES OF THE CITY COUNCIL.

Overview:

The City Council has requested this resolution be included on the agenda each year for the Organizational Meeting.
The sole purpose of this resolution is to inform that unreimbursed out-of-pocket expenses incurred by council
members as part of their duties are lawful business expenses for federal and state income tax purposes.

Primary issues/alternatives to consider: N/A

Budgetary/Fiscal Issues: N/A

Attachment:

7.5      RESOLUTION
                                                                                            7.5 RESOLUTION
                                            RESOLUTION #2005-

                                 RESOLUTION RELATING TO BUSINESS
                                   EXPENSES OF THE CITY COUNCIL


       WHEREAS, members of the City Council are paid a salary each month in accordance with the terms of the
City Charter and City Code; and

        WHEREAS, it has been and it is the policy of this Council that other business expenses are not reimbursed
unless the activity is specifically directed and approved by the Council as a body; and

        WHEREAS, the City of Brooklyn Park is a large, growing suburban community and has numerous problems
and agenda items in all parts of the community which require Council members to travel with their personal cars
and to use their personal finances to pay these business expenses; and

       WHEREAS, members of the City Council are frequently required to meet with persons interested in locating
industry, persons who have problems which relate to the City which require attention from the members of the
Council, and all of these expenses have been paid for by the individual members of the Council; and

      WHEREAS, it is deemed necessary to act as a corporate body to memorialize that these types of
unreimbursed out-pocket expenses incurred by the Mayor and City Council members are lawful business
expenses for federal and state income tax purposes.

        NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN
PARK:

        1.     Out-of-pocket expenses incurred by the Mayor and City Council members as part of their duties
               as Mayor and City Council members are not reimbursed by the City unless so authorized and
               directed by the Council.

        2.     The Mayor and members of the City Council are expected, as part of their duties, to travel
               throughout the community to meet with residents, developers, or persons interested in locating in
               the community and to meet with members of the staff or officials of other communities or
               agencies to promote the general welfare of the City of Brooklyn Park. The out-of-pocket
               expenses incurred by Council members in carrying out these official duties are lawful business
               expenses for federal and state income tax purposes.
City of Brooklyn Park
Request for Council Action
                                                  Meeting Date:
Agenda Item No:          7.6                                                1-10-2005
                                                  Originating
Agenda Section:          General Action Items     Department:               Administration

Resolution               X                        Prepared By:
                                                                            Calvin Portner,
Ordinance                N/A                                                Asst. To City Manager

No. of Attachments       3                     Presented By:           Doug Reeder
                         Approve 2005 General Pay Increase For Non-represented City Employees and Paid-
Item:                    On-Call Firefighters


City Manager’s Proposed Action:
MOTION ____________, SECOND ____________ TO WAIVE THE READING AND ACCEPT
RESOLUTION #2005- _____, APPROVING A 2% GENERAL PAY INCREASE FOR NON-
REPRESENTED CITY EMPLOYEES.

MOTION ____________, SECOND ____________ TO WAIVE THE READING AND ACCEPT
RESOLUTION #2005- _____, APPROVING A 2% GENERAL PAY INCREASE FOR PAID-ON-CALL
FIREFIGHTERS.


Overview:
With approval of the collective bargaining agreement with the Teamsters #320, Non-licensed Police Personnel,
the city will have wage and benefit settlements with each of the four unions through December 31, 2006. Each
union contract calls for a 2% general increase in 2005 for approximately 181 of the City’s employees
represented by unions.

Due to the sensitivity required in negotiating contracts, a discussion regarding general increases for non-
represented staff, accounting for approximately 145 employees, was delayed pending approval of union
agreements. It has been the City’s practice to provide similar increases to non-represented staff as negotiated in
union contracts. Also, Resolution #1984-96 regarding the Fire Relief Association Defined Contribution
Pension Plan requires the City to provide Paid-On-Call firefighters (numbering approximately 70 members)
similar increases as all others.

By approving a 2% increase, the City will maintain market competitiveness and internal pay equity in all job
classifications, both represented and not represented.

Budgetary/Fiscal Issues:
The Council-approved 2005 budget included an increase for all employees.


Attachments:
7.6   RESOLUTION FOR NON-REPRESENTED EMPLOYEES
7.6   RESOLUTION FOR PAID-ON-CALL FIREFIGHTERS
7.6   RESOLUTION #1984-96
                                    7.6    RESOLUTION FOR NON-REPRESENTED EMPLOYEES
                                                                               Page 2



                                    RESOLUTION #2005 –

                   A RESOLUTION APPROVING A 2005 GENERAL PAY
                   INCREASE FOR NON-REPRESENTED EMPLOYEES



      WHEREAS, it is the interest of the City of Brooklyn Park to employ a strong and capable
workforce consisting of experienced and motivated employees; and

        WHEREAS, the City has approved and initiated a classification and compensation plan
that ensures employees are paid at a market competitive rate and maintains internal pay equity
amongst city positions; and

        WHEREAS, the Brooklyn Park City Council approved contracts with the existing
collective bargaining units, which included a general increase of 2%; and

        WHEREAS, in the interest if maintaining internal equity between represented union
classifications and similarly classified unrepresented employees; and

        WHEREAS, the City Council has demonstrated a past practice of providing reasonably
similar annual increases to all city employees.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BROOKLYN PARK TO approve a 2005 General Pay increase of 2% for all non-represented
City employees.
                                       7.6      RESOLUTION FOR PAID-ON-CALL FIREFIGHTERS
                                                                                   Page 3




                                    RESOLUTION #2005 –

                   A RESOLUTION APPROVING A 2005 GENERAL PAY
                     INCREASE FOR PAID-ON-CALL FIREFIGHTERS



      WHEREAS, it is the interest of the City of Brooklyn Park to employ a strong and capable
workforce consisting of experienced and motivated employees; and

        WHEREAS, the Brooklyn Park City Council approved contracts with the existing
collective bargaining units and all other non-represented employees, which included a general
increase of 2%; and

        WHEREAS, the City Council has demonstrated a past practice of providing reasonably
similar annual increases to all city employees.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BROOKLYN PARK TO approve a 2005 General Pay increase of 2% for all Paid-On-Call
Firefighters.
City of Brooklyn Park
Request for Council Action
Agenda Item No:        7.7                     Meeting Date           January 10, 2005
                                               Originating
Agenda Section:        General Action Items    Department:            Administration

Resolution             N/A                     Prepared By:

Ordinance              N/A                                            Marlene Kryder, Program Assistant

No. of Attachments     N/A                     Presented By:          Doug Reeder, City Manager

Item:                  Appointment to the Northwest Suburbs Cable Communications Commission and the
                       Northwest Community Television Board of Directors


City Manager’s Proposed Action:

MOTION_______________, SECOND_______________ TO APPOINT DOUGLAS REEDER AS THE
CITY OF BROOKLYN PARK REPRESENTATIVE TO THE NORTHWEST SUBURBS CABLE
COMMUNICATIONS COMMISSION AND TO THE NORTHWEST COMMUNITY TELEVISION BOARD
OF DIRECTORS UNTIL SUCH TIME AS A NEW APPOINTMENT SHALL BE DEEMED NECESSARY.

Overview:

The Northwest Suburbs Cable Communications Commission is the regulatory agency for the cable franchise for
the nine northwest suburbs in the Commission: Brooklyn Park, Brooklyn Center, Crystal, Golden Valley,
Maple Grove, New Hope, Osseo, Plymouth and Robbinsdale. The NW Suburbs Cable Communications
Commission specifies that two members shall be appointed from each member city: one who is an official
representative of the City and one who represents the community. The Northwest Community Television board
of Directors consists of representatives of the Northwest Suburbs Cable Communications Commission.

City Manager Doug Reeder was appointed on January 13, 2003 and January 5, 2004.

Primary Issues/Alternatives to Consider: N/A


Budgetary/Fiscal Issues: N/A


Attachments: N/A
City of Brooklyn Park
Request for Council Action
Agenda Item No.:            7.8                                     Meeting Date:        January 10, 2005
Agenda Section:                                                     Originating          Administration
                            General Action Items                    Dept.:
Resolution:                 N/A                                     Prepared By:         Devin Montero,
                                                                                         City Clerk
Ordinance                   FIRST READING
                                                                                         Douglas Reeder,
No. of Attachments:         1                                       Presented By:
                                                                                         City Manager
Item:                       First Reading of an Ordinance to Amend Chapter 30 of the City Code pertaining
                            to City Council Meetings

City Manager’s Proposed Action:

MOTION ______________, SECOND______________ TO WAIVE THE READING AND ADOPT ON
FIRST READING AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE PERTAINING TO
CITY COUNCIL MEETINGS.

Overview:

At the January 3, 2005 Council meeting, council had discussion on having three council meetings on the 1st, 3rd,
and 4th Mondays of the month with the 2nd Mondays being used for EDA meetings beginning in March 2005.
The EDA Commissioners will discuss this issue at their meeting on January 6, 2005 and upon approval
requiring a change in their bylaws.

In order to have the amendment become effective by March 2005, the second reading of the ordinance would
have to be approved and adopted at the January 17, 2005 Council Meeting. The ordinance amendment will be
published in the January 27, 2005 edition of the newspaper and will become effective 30 days after the
publication date which would make the effective date February 28, 2005.


Attachment:

7.8     ORDINANCE
                                             ORDINANCE #2005-

                    AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE
                           PERTAINING TO CITY COUNCIL MEETINGS

underline means words added
strikeout means words deleted

The City of Brooklyn Park Does Ordain:


30.15 MEETINGS.

    The Council has regular meetings on the first, third, and fourth four Mondays of each month commencing at
7:00 p.m. If any of the Mondays falls on a holiday, the Council will have its regular meeting on the following day
and adjourned special meetings at any other time the Council may deem proper. All meetings are held in the City
Hall or elsewhere as designated by the Council.


                                                     ______________________
                                                     STEVE LAMPI, MAYOR



ATTEST:




___________________________
DEVIN MONTERO, CITY CLERK


Approved as to Form by City Attorney
Passed on First Reading
Passed on Second Reading
Published in Official Newspaper
City of Brooklyn Park
Request for Council Action
                                                  Meeting Date:
Agenda Item No:          7.9                                               01-10-05
                                                  Originating
Agenda Section:          General Action Item      Department:              Police

Resolution               N/A                      Prepared By:
                                                                           Captain Gregory Roehl
Ordinance                X

No. of Attachments       3                   Presented By:        Chief Wade Setter
                         SECOND READING of an ordinance amending chapter 94 of the city code relating
Item:                    to public nuisances

City Manager’s Proposed Action:

MOTION _______, SECOND _______, TO WAIVE THE READING AND ADOPT ON SECOND
READING ORDINANCE #2005-_____ ZONING CODE AMENDMENT AMENDING CHAPTER 94 OF
THE CITY CODE RELATING TO PUBLIC NUISANCES.

MOTION ______________ SECOND________________ TO APPROVE THE TEXT OF THE SUMMARY
OF ORDINANCE #2005-_____ DETERMINING THAT IT CLEARLY INFORMS THE PUBLIC OF THE
INTENT AND EFFECT OF THE ORDINANCE.

Overview:

At the December 13, 2004 meeting the City Council had the first reading of an ordinance amending chapter 94
of the city code relating to public nuisances. The ordinance with modifications is before the council for second
reading.

Primary Issues/Alternatives to Consider:

A 10-day time period for the property owner to accomplish the posting, securing, and cleanup of the site has
been added to section 94.13. Section 94.15 has been amended to provide that if the City is unable to locate the
property owner or the owner fails to arrange for the clean up within ten days, the City may initiate cleanup.

Regarding the pharmacy sales issue, a letter was sent to businesses making them aware of the proposed
ordinance. The city attorney is looking into a potential legal challenge to a similar provision adopted by another
city. Until it is determined what the challenge involves, and whether the state legislature might adopt statewide
regulation it is recommended that the ordinance not include the provision regulating the retail sale.

Budgetary/Fiscal Issues:
Cost of cleanup currently falls on the City. This ordinance amendment would allow those cost to be assessed to
the property owner

Attachments:

7.9     PROPOSED ORDINANCE
7.9     SUMMARY ORDINANCE
7.9     LETTER TO BUSINESSES
                                                                                             7.9 ORDINANCE
                                                                                                      Page 2
                                         ORDINANCE NO. _______

              AN ORDINANCE AMENDING CHAPTER 94 OF THE CITY CODE
              RELATING TO PUBLIC NUISANCES


The City of Brooklyn Park Does Ordain:

Chapter 94 of the City Code is amended to read:


Section 1.    Section 94.01 of the City Code is amended by adding the following new definitions in
appropriate alphabetical order:

§ 94.01 DEFINITIONS.

CHILD. Any person less than 18 years of age.

CHEMICAL DUMPSITE. Any place or area where chemicals or other waste materials have been located.

CLANDESTINE DRUG LAB. The unlawful manufacture or attempt to manufacture controlled substances.

CLANDESTINE DRUG LAB SITE. Any place or area where an unlawful clandestine drug lab exists. A
clandestine drug lab site includes any dwellings, accessory structures, a chemical dump site, a vehicle, boat,
trailer or other similar appliance or any other area or location.

CONTROLLED SUBSTANCE. Any drug, substance or immediate precursor in Schedules I through V of
Minnesota Statutes § 152.02. The term does not include distilled spirits, wine, malt beverages, intoxicating
liquors or tobacco.

METHAMPHETAMINE PRECURSOR DRUGS. Any: 1) drug or product containing as its sole active
ingredient ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts or
optical isomers; or 2) combination drug or product containing as one of its active ingredients ephedrine,
pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or sales of optical isomers.

OVER-THE-COUNTER SALES. A retail sale of a drug or product, but not including the sale of a drug or
product pursuant to the terms of a valid prescription.

OWNER. Any person, firm, corporation, or other entity who owns, in whole or in part, the land, building,
structure, vehicle, boat, trailer or other location associated with a clandestine drug lab site or chemical dump
site.



Section 2.    Chapter 94 of the City Code is amended by adding the following new §§ 94.08 through
94.16:

§ 94.08 PURPOSE AND INTENT. The purpose of sections 94.08 through 94.16 of this Chapter is to protect
the public health, safety and welfare and to reduce public exposure to health risks where law enforcement
officers have determined that hazardous chemicals from a suspected clandestine drug lab or chemical dumpsite
                                                                                                        Page 3
may exist. The City Council finds that such sites may contain hazardous chemicals, substances, or residues that
place people, particularly children or adults of child-bearing age, at risk of exposure through inhabiting or
visiting the site or using or being exposed to contaminated personal property.

§ 94.09 DECLARATION OF PROPERTY AS A PUBLIC NUISANCE.

(A)    Any property containing a clandestine drug lab or chemical dumpsite will be declared a public health
nuisance.
(B)    No person may occupy, enter or allow occupancy or entrance to property declared a public health
nuisance under this Section until such declaration is vacated or modified to allow occupancy.

§ 94.10 LAW ENFORCEMENT NOTICE TO OTHER AUTHORITIES.

Upon identification of a clandestine drug lab site or chemical dumpsite deemed to place neighbors, visiting
public, or present and future occupants of the affected property at risk for exposure to harmful contaminants and
other associated conditions, law enforcement officials will notify the City Health Official and other appropriate
municipal, child protection, and public health authorities of the property location, property owner if known, and
conditions found.

§ 94.11 SEIZURE OF PROPERTY.

       (A)       If a clandestine drug lab or chemical dump site is located inside a vehicle, boat, trailer, or other
form of moveable personal property, law enforcement authorities may immediately seize such property and
transport it to a more secure location.

       (B)     Personal property may not be removed from a clandestine drug lab site or a chemical dump site
without the prior consent from the City Health Official.

§ 94.12 ACTION BY CITY HEALTH OFFICIAL.

       (A)    Upon notification by law enforcement authorities, the City Health Official or other appropriate
municipal or public health authority will issue a Declaration of Public Health Nuisance for the affected property
and post a copy of the Declaration at all probable entrances to the dwelling or property.

       (B)     Removal of the posted Declaration of Public Health Nuisance by anyone other than the City
Health Official, law enforcement authorities, or their designees, is prohibited.

       (C)    The City Health Official will also attempt to notify the following parties of the Declaration of
Public Health Nuisance:

               1.   Owner of the property;
               2.   Occupants of the property;
               3.   Neighbors at probable risk;
               4.   The City of Brooklyn Park Police Department;
               5.   Other state and local authorities, such as the Minnesota Pollution Control Agency and the
                    Minnesota department of Public Health, which are known to have public and environmental
                    protection responsibilities applicable to the situation.

       (D)     Any rental license issued by the City for the property is immediately suspended upon issuance of
the Declaration of Public Health Nuisance. Such license will be reinstated only after full compliance with an
abatement order.
                                                                                                       Page 4
       (E)    After issuance of the Declaration of Public Health Nuisance, the City Health Official will issue
an order to the property owner to abate the public health nuisance. The abatement order will include the
following:

              (1)     A copy of the Declaration of Public Health Nuisance;
              (2)     An order to immediately vacate those portions of the property, including building or
                      structure interiors, which may place the occupants or visitors at risk.
              (3)     Notification of suspension of the rental license, if applicable; and
              (4)     A summary of the owner’s and occupant’s responsibilities.

§ 94.13 RESPONSIBILITIES OF OWNER.

      (A)    Within ten days after the abatement order is mailed to the owner, the property owner must, at the
owner’s expense:

            (1)        Properly secure and post the perimeter of any contaminated areas on the property in an
effort to avoid exposure to unsuspecting parties;
            (2)        Promptly contract with appropriate environmental testing and cleaning firms to conduct
on-site assessment, complete cleanup and remediation testing, including periodic follow-up testing to assure
that the health risks are sufficiently reduced to allow safe human occupancy of the property and structures
located on the property;
            (3)        Regularly notify the City of actions taken and reach agreement with the City on the
cleanup schedule; and
            (4)        Provide written documentation to the City of the cleanup process, including a signed,
written statement that the property is safe for human occupancy and that the cleanup was conducted in
accordance with Minnesota Department of Health guidelines.

    (B)    The property may not be re-occupied or used in any manner until the City has obtained the written
statement in paragraph (A)(4) and has confirmed that the property has been cleaned in accordance with the
guidelines established by the Minnesota Department of Health.

§ 94.14 OWNER’S RESPONSIBILITY FOR COSTS. The owner is responsible for all costs associated with
nuisance abatement and cleanup of the clandestine drug lab site or chemical dumpsite, including, but not limited
to, costs for:

   (A)     Emergency Response;

   (B)     Posting and physical security of the site;

   (C)     Notification of affected parties;

   (D)     Expenses related to the recovery of costs, including the assessment process;

   (E)     Laboratory Fees;

   (F)     Cleanup services;

   (G)     Administrative fees; and

   (H)     Other associated costs.
                                                                                                           Page 5
§ 94.15 CITY AUTHORITY TO INITIATE CLEANUP AND RECOVERY OF COSTS.

    (A)     If, after issuance of the Declaration of Public Health Nuisance and the abatement order, the City is
unable to locate the property owner or the property owner fails to arrange appropriate assessment and cleanup,
the City Health Official is authorized to initiate the on-site assessment and cleanup.

    (B)    The City may initiate on-site assessment and cleanup before the expiration of the 10-day period in
section 94.13 (A) if the Health Authority deems the situation to be an immediate public health hazard.

   (C)    The City may abate the nuisance by removing any hazardous structure, building, or otherwise, in
accordance with Minnesota Statutes Chapter 463.

    (D)    If the City abates the public health nuisance, it may recover all costs associated with such abatement.
In addition to any other legal remedy, the City may recover costs by civil action against the person or persons
who own the property or by assessing such costs as a special tax against the property in the manner that taxes
and special assessments are certified and collected pursuant to Minnesota Statutes § 429.101 and §§ 94.06 and
94.07 of this Chapter.

    (E) Nothing in this Chapter is intended to limit the owner’s, occupants’ or the City’s right to pursue an
action authorized by law to recover costs incurred from the persons contributing to or operating a clandestine
drug lab or from any other lawful source.


Section 3. Section 94.99 (A) of the City Code is amended as follows:

§ 94.99 PENALTY.

   (A)    Any person violating any of the provisions of this chapter shall, upon conviction, be guilty of a
          misdemeanor and subject to a fine of not more than $700 $1,000 and by imprisonment for a period of
          not exceeding 90 days or both, together with the costs of prosecution. Each day that violation exists
          shall constitute a separate offense.



                                                     ____________________________________
                                                     Mayor

Attest:

_______________________________
City Clerk

Approved as to Form by City Attorney ________________
Passed on First Reading              ________________
Passed on Second Reading             ________________
Published in Official Newspaper      ________________
                                                                                   7.9 SUMMARY ORDINANCE
                                                                                                    Page 6

The city council has determined that pursuant to its City Charter, Ordinance #2005-________ should be
published in summary form.

                              SUMMARY OF ORDINANCE #2005-___________

        AN ORDINANCE AMENDING CHAPTER 94: PUBLIC NUISANCE PROHIBITED


The City of Brooklyn Park does ordain:



       Ordinance #2005-________ adds definition of clandestine drug lab and allows city to declare
property containing a clandestine drug lab a public nuisance. Allowing the seizure of vehicles or other
moveable property containing a clandestine drug lab. Requiring the owner to contract with appropriate
environmental testing and cleaning firms to assess and clean up the clandestine lab site. Making it the
owner’s responsibility for all costs associated with the clean up. Giving the city authority to initiate
cleanup and recover costs.

This summary of Ordinance #2005-_________ has been approved by the city council on January 10, 2005. A
printed copy of the full text of the ordinance is available for public inspection in the office of the city clerk.




ATTEST:
                                                      ______________________
                                                      STEVE LAMPI, MAYOR


__________________________________
DEVIN MONTERO, CITY CLERK
                                                                               7.9 LETTER TO BUSINESSES
                                                                                                  Page 7




December 21, 2004

Greetings:

This letter is to inform you of a proposed amendment to the Brooklyn Park City Code that may affect your
business.

The use of clandestine drug labs to manufacture methamphetamine is increasing at an alarming rate throughout
Minnesota. In order to address this growing problem the Brooklyn Park City Council on December 13, 2004
passed the first reading of an ordinance relating to the clean up of clandestine drug lab sites and the sale of
methamphetamine precursor drugs. If your business sells medication with ephedrine, pseudoephedrine, or
phenylpropanolamine this ordinance will affect you. The ordinance restricts the sale and display of “Over-the-
counter” methamphetamine precursor drugs.

The relevant section of the ordinance is enclosed with this letter. This ordinance will be scheduled on the
council agenda for a second reading in early January. If you have any questions, comments, or concerns prior
to the second reading you may call me at 763-493-8202.

Sincerely,
Wade R. Setter
Chief of Police



Gregory J. Roehl
Captain
City of Brooklyn Park
Request for Council Action
Agenda Item No:         8.1                     Meeting Date             January 10, 2005
                                                Originating
Agenda Section:         Discussion Items        Department:              Police

Resolution              N/A                     Prepared By:
                                                                         Lorelei Meyer, Support Services
Ordinance               N/A                                              Manager

No. of Attachments      1                       Presented By:            Wade Setter, Chief of Police

Item:                   Police Use of Voice Recognition Software for Transcription


City Manager’s Proposed Action: N/A


Overview: The purpose of this agenda item is to respond to the Council’s request for information from the
September Council/Staff retreat regarding the Police Department using voice recognition software for the
transcription of police reports.


Primary Issues/Alternatives to Consider: N/A


Budgetary/Fiscal Issues: N/A


Attachments:

8.1     REPORT
Brooklyn Park Police                      5400 – 85th Av. N.
                                          Brooklyn Park, MN 55443
                                                                             Phone 763-493-8222


Department



Voice Recognition and Police
Officer Dictation

    A Report Exploring the Utilization of Voice
    Recognition Software for Police Officer
    Dictation




                       Prepared by Lorelei Meyer, Support Services Manager
                                 Brooklyn Park Police Department
                                         January 5, 2005
TABLE OF CONTENTS
Digital Dictation and Transcription ...................................................................2

     How Does Our Current System Work?.......................................................2

     Research of Voice Recognition Dictation Technology...............................3

     MacTeck Systems........................................................................................3

     Aiken Regional Medical Center................................................................3

     Loffler Companies, Inc. ................................................................................4

     Dictaphone....................................................................................................4

     Other Agency Responses............................................................................5

     St. Paul Police Department.......................................................................5

     Minneapolis Police Department...............................................................5

     Plymouth Police Department ...................................................................5

     Maple Grove Police Department..............................................................6

     Minnetonka Police Department: ..............................................................6

     St. Louis Park Police Department ...........................................................6

     Eagan Police Department .........................................................................6

     Conclusion....................................................................................................6

     Available websites for further information: ..................................................8
Digital Dictation and Transcription

The Brooklyn Park Police Department implemented a digital dictation system in 1991 for the
preparation and transcription of police incident reports. In 1999, our Lanier Digital Dictation system was
upgraded with the same type of equipment, but with more current technology.

How Does Our Current System Work?

When an officer responds to a call, they are responsible for tracking information so the incident can be
properly documented. The written report is used by a number of persons for a number of reasons.
First, the report documents the actions taken by officers which becomes their recollection device at a
later time (such as trials). The report is coded with information being transmitted to Criminal Justice
Agencies to create a statistical database. The report is reviewed by investigative personnel with it
being the starting point when cases are assigned for follow-up. Eventually, they become essential
parts of cases which are prosecuted through either the County or City Attorney, and are viewed by
judges and juries. Police reports are viewed and reported in the news media, used in claim decisions
made by insurance companies, and often are of help to the elected and administrative officials in city
government. The professional reputation and standing of a police agency and the individual officer, is
directly related to the accuracy, completeness and neatness in the preparation of written reports. It is
one of the most essential and significant functions performed by law enforcement today.

Brooklyn Park’s incident reports include the date and time the incident occurred, location of the call,
names of the individual’s involved in the call, their address, phone number, employer’s name, physical
characteristics, etc. Officers use a “Dictation Guide” which allows them to gather the information
necessary to complete an accurate incident report. See the attached dictation guide.

After the completion of the call, an officer will locate any telephone, and key in the appropriate phone
number to access the Department’s digital dictation system along with some codes which indicate the
priority and type of call he or she will be dictating. With the dictation guide in hand, the officer will
dictate his or her report with the information gathered from the call in the order printed on the dictation
guide. After completing the dictation, the officer is done with documenting his or her call.

Back at the Police Department, a transcriptionist will log into a transcriber with his or her user ID and
based upon the priority noted by the police officer, a report will “queue” itself to that transcriptionist to be
typed. The typist will transcribe the information dictated directly into the Department’s CRIMES
Records Management System. They must pay close attention to the street names and numbers to
verify a valid location, research the names of individuals associated with the call prior to entering the
name into our system to ensure this person has or has not had contact with our Department in the past.
Multiple contacts are very common with a particular individual, for that reason, it is crucial that one
person’s contacts are associated with the proper name.

The clerical staff that type police reports are required to be proficient with our Records Management
System, grammar, spelling, and have an above average typing speed. The Police Department has
found that the human element involved in transcribing police reports has been essential in creating the
most accurate police reports possible. On occasion, an officer may dictate an incorrect name or
spelling of a name, date of birth, number transposition, etc. which is caught by a transcriptionist. We
rely on our clerical staff to be in tune with the flow of the report, the circumstances, and the details of the
call. Having accurate name and incident information in our Records Management System is invaluable


                                                              2
to solving cases, assisting other law enforcement agencies and providing this information to the officers
on the street in the future.

The Police Department currently employs 83 police officers (we are authorized to employ 86).
Approximately 55 of the sworn officers are assigned to patrol who are responsible for dictating their
reports into digital dictation. Three undercover officers assigned to task forces also dictate their reports
to this system.        The Department employs one full-time transcriptionist and eight part-time
transcriptionists which equals to 10,500 hours of time per year. In addition to the transcriptionist’s time,
there are also five full-time police clerks who are trained to transcribe reports and frequently assist in
the transcription of cases. For the year 2004, clerical staff has typed 177,660 minutes of 2,961 hours of
dictated reports.

As a side note, if an officer dictates a ten-minute report, it typically takes a typist at least triple the
amount of time to transcribe the report, consequently, 30 minutes to type the report. Some officers are
more difficult to understand than others, speak faster, or revise their reports during dictation, therefore,
the transcription must rewind, fast forward and pause the dictation as he or she is transcribing.

Research of Voice Recognition Dictation Technology

During the month of December, administrative staff met with three vendors regarding their voice
recognition dictation technology. Vendors included:

    •   MacTek Systems, Susan MacGibbon, 13533 Glasgow Lane, Apple Valley, MN 55124. 612-
        386-8270. Website: www.winscribe.com

    •   Loffler Companies, Rick Egan, Major Account Representative, 1101 East 78th Street,
        Bloomington, MN 55420. 952-925-6814. Website: www.loffler.com

    •   Dictaphone, Jennifer Anderson, Law Enforcement Systems Specialist, 10580 Lake Fall Drive,
        Eden Prairie, MN 55347. 888-471-3463. Website: www.dictaphone.com

MacTeck Systems

MacTeck Systems visited our department on December 7th demonstrating the voice recognition
technology via the internet. There was no hands-on demonstration available. MacTek System did
provide us with some references; however, they are unaware of any law enforcement agencies
currently using voice recognition software to transcribe police incident reports. Only one of their
references utilizes the voice recognition software – Aiken Regional Medical Center located in South
Carolina.

        Aiken Regional Medical Center
        I contacted the reference who currently utilizes voice recognition software. An IT Staff
        member, Raymond Ruth, was contacted at The Aiken Regional Medical Center regarding their
        experience with voice recognition software. Their Radiology Department is the area of the
        medical center that is using the Winscribe Digital Dictation System integrated with
        SpeechMagic - the professional speech recognition system from Philips. Radiologists
        currently dictate reports directly into a USB recorder (a digital voice recorder which is directly
        connected to a computer). After they have dictated their report, the data is uploaded to their
        recognition server which in turn translates the voice to words. The report is automatically
        placed into a queue for the transcriptionist (editor) to review for spelling, grammar and
        formatting errors. Aiken Regional Medical Center transcription staff (editors) receives both the
        voice file and date file of the dictation. Using WinScribe’s PC/Internet Transcription application,


                                                            3
         transcriptionists correct any errors. The corrected text is then submitted back to the
         recognition server, which uses the corrections to make adaptations to the radiologist’s voice
         profile. This constantly improves the recognition accuracy. Mr. Ruth states that their accuracy
         rate is between 95 – 98%. However, he did state that it took some time for the doctors and
         transcriptionists to get used to the voice recognition software.

Loffler Companies, Inc.

Loffler Companies, Inc. is our vendor for our current Lanier Digital Dictation System and they visited our
Department on December 28 to discuss “Dragon Naturally Speaking” Professional software with us,
the voice recognition software they market. Loffler Companies, Inc. has many police digital dictation
installations around the Twin Cities including Wayzata, Richfield, and Eagan. Rick Egan, the Loffler
representative, informed us that their company has never installed voice recognition for any law
enforcement agency. Mr. Egan stated that voice recognition software would not work with statements
in the Investigative Division, that is, interviews between a detective and a suspect, witness, victim, etc.
The reasoning would be that voice recognition software cannot manage two different voices at once.

Mr. Egan did demonstrate on his laptop computer a very short paragraph and the accuracy was
approximately 85 – 90% accurate. He showed us just a small portion of how the system works. He
dictated directly into Microsoft Word and did not include any field entry which the software evidently has
the capability to do.

Mr. Egan did state that the training time for each officer would be timely in order to get the best quality
voice recognition possible. He also stated that this might be a cause for some frustration for the officer
if the training took place over a long period of time. He also stated that voice recognition software is
more expensive than a digital dictation system because of the hardware requirements and the number
of software licenses required for each officer that would be dictating. He felt that it would be
approximately twice as much for voice recognition software that a normal digital dictation system.

Dictaphone

On Tuesday, December 28, 2004, our Department met with J.R. and Jennifer Anderson of Dictaphone
located in the Twin Cities. Ms. Anderson is a law enforcement systems specialist and has digital
dictation system installations with many law enforcement agencies around the United States.
Dictaphone does not have any law enforcement customers that have voice recognition software. In
early 2005, the company will be launching a new voice recognition software program that is specifically
geared towards law enforcement customers. They feel this will be successful because of their past
experience with medical voice recognition software. Ms. Anderson stated that most dictation
companies have not stood firmly behind voice recognition in the past because of the lower accuracy
rate which has been around 85%. She feels that this type of technology will never replace the human
element (transcriptionist), in fact, it will be very important that this component is still part of the reporting
process in an editing mode rather than in a typing mode.

Ms. Anderson also stated that investigative statements would not work in the voice recognition
environment because of the huge amount of voice differences in the individuals being interviewed.

In the voice recognition environment, she felt that there would always be very good candidates with
good articulation in their speech where this technology could be very successful. However, there are
also some individuals who would not be good candidates because they add words such as “um, ah,
etc.” Unfortunately, it is difficult to train a person to change these traits about themselves.




                                                              4
Other Agency Responses

I emailed and phoned several agencies within the Twin Cities to find out their experiences, if any, with
voice recognition software. Listed below are the police departments that were contacted and their
responses:

St. Paul Police Department
I spoke with Commander Christopher Hoskin of the St. Paul Police Department who informed me that
there were several departments researching voice recognition software for agencies in their area. St.
Paul is not using this technology.

Minneapolis Police Department
The Minneapolis Police Department has one (1) officer that uses voice recognition software called
“Dragon Naturally Speaking.” I spoke with Officer Dale Hanson, Computer Forensic Examiner/MDC
Technical Support officer who informed me that approximately 20 officers were initially trained to utilize
the software in their squad cars. Initially it took each officer 15 minutes to “train” the software to
recognize his or her voice with inflections, etc. Officer Hanson felt that the training went quickly and the
software “learned” the officers voices very quickly and 90 – 95% accurately. The officers are equipped
with a USB microphone which connects directly to the laptop computer in their squad car. With this,
they have the ability to dictate directly into a computer and as they speak, the software changes their
words into a word report onscreen. They have the option to either correct errors with voice commands
or by using the keyboard. The Minneapolis Police Department does not have transcriptionists interact
with this software. They have transcriptionists that work in their police facility who transcribe with the
officer on-site. They do not currently have any type of dictation system. After the training period, only
one officer, Officer Jeff Binfet, continues to use it the software. Officer Binfet stated that he was very
happy with the software except for the fact that the software is not good with unusual names and
words. These he needs to type in manually. The main reason for liking this software is because of his
poor typing skills.

The remaining officers refrained from using the system primarily because they became frustrated as
the software was very slow, there were too many errors and the length of time it took to dictate was
much longer than what they were used to. Officer Hanson has also used the software himself and he
felt it was too slow and that he could type faster than the voice recognition software. He found that one
must enunciate each and every word very carefully to minimize errors. He found also that it was
important to have the fastest computer available as well as a large amount of memory in order for the
system to work efficiently.

        Commander Dale Hanson, Minneapolis Police Department:

        “The speech recognition project ended up falling by the wayside when other projects came up.
        There is one officer in our 4th Pct that still uses the program and he really likes it. Overall, most
        of the street officers found it difficult to use because of the learning curve of the software. It
        never did work very well for filling in report boxes in a program and typically worked the best
        when doing narrative reports. Each person had a user profile which was about 50MB, so that
        proved to be a problem if you have one person using multiple squads. Even with the largest
        hard drive available for our MDC, we still couldn't store all patrol profiles on every MDC and the
        file is too big for download until 802.11 comes along (if ever).”

Plymouth Police Department
The Plymouth Police Department was contacted and I spoke with the Officer Manager, Barb Cox. She
stated they several months ago, their IT staff and the Police Department were given a demonstration by
a vendor who sold voice recognition software. She and others attending the demonstration stated that


                                                            5
they felt this might be a good tool for the administrative and investigative division but not for patrol
officers. They felt that the software wouldn’t work well in the patrol vehicles with the squad car noise.
They felt the software was very expensive and it wouldn’t be worthwhile to purchase if the entire
department couldn’t use it.

Maple Grove Police Department
Maple Grove Police Department’s officers each have a hand held recorder, but they do not use voice
recognition technology. They looked at it about three years ago, and did not feel it was at a level that
would be conducive to their needs and felt that the technology was just not advanced enough.

Minnetonka Police Department:

In 2002, the Minnetonka Police Department visited the International Association of Chiefs of
Police (IACP) vendors with voice recognition software with the idea that if they identified a viable
vendor, they would conduct a pilot project with their investigative division. They concluded that at
that point in time, the software was not to the level of acceptance and usability that they desired.

During the 2004 IACP vendor exhibition, they visited several vendors again, but have not received
follow-up information as of yet. They are currently looking into what options might be available through
their records management software, Printrak.

St. Louis Park Police Department
The St. Louis Park Police Department is also utilizing Printrak records management software and will
have officers utilize the “Field Reporting” module which will allow officers to enter reports onto their
laptops in the car. They are not using voice recognition software.

Eagan Police Department
The Eagan Police Department is not using voice recognition technology. Their officers are dictating
into digital recorders which are transcribed by their clerical staff.

Conclusion

Voice Recognition Software is a very intriguing and intelligent technological concept and I found the
research on this project very interesting and informative. However, I am not convinced that it could be
implemented today and be 100% successful in our Police Department. There are several reasons for
this conclusion. Firstly, I am unaware of any law enforcement agency using this technology. Secondly,
we have been told by two vendors that this software would not work with a large portion of the
dictated/transcribed documents that we include in our incident reports such as investigative statements.
Thirdly, we have not had the opportunity to test it during a normal workday with officers who would be
using it.

In order to consider this concept further, I believe that our Department would need to conduct an
extensive pilot program with a reliable vendor and their software with several officers of all different
levels of dictation ability. For this type of project to be successful, “buy-in” from sworn personnel would
be imperative. It would also be important to work with the vendor to ensure that the software would
work with our current H T E Crimes Records Management System.

From the research conducted, I do feel that we could increase our efficiency in the dictation and
transcription area when we replace our existing dictation system in 2007 according to the Capital
Equipment Plan (CEP). New technologies in digital dictation have improved at a very rapid pace.
Dictation vendors now have digital recorders which can be connected directly to laptops in squad cars


                                                           6
in which they can dictate and then wirelessly upload their report immediately. This would allow officers
to immediately report on their calls and not necessarily return to the office or one of the fire stations to
access a land-line telephone. This would mean more time in their squad car and more time on the
street.

Another major advantage of having digital recorders in the vehicles would be for the transcription end
as well. Typically, officers dictate their reports at the end of their shift; therefore, there is always an
influx of work at shift-end which bombards transcription when possibly no one is scheduled to work.
Having the officers dictate reports immediately following an incident would even out reporting,
therefore, spreading workload more evenly amongst transcription staff.

The new digital dictation technology also allows for users to transcribe from virtually any computer in
the building for the reason that the software is browser-based, rather than hardware-based. An
employee who transcribes would simply need a foot petal and a headphone and they would be
equipped to transcribe at any time. Presently, we only have three workstations that are capable of
allowing for transcribing of incident reports. Having the ability to type from numerous other workstations
would allow for many other clerical staff to assist in this very busy area at any time. We could
effectively have five to ten employees transcribing reports when currently now we can only have three.

As a result of technology changing so rapidly, it would be worthwhile to revisit voice recognition
technology in late 2006 when our Department is closer to replacing the current digital dictation system.
We are not convinced that it is where it should be in order to accomplish our goals of 100% accurately
reported crimes. The reporting of incidents within the City of Brooklyn Park will always be one of the
most essential and significant functions performed by our agency and law enforcement. The standards
of the Brooklyn Park Police Department must continue to produce high-quality and accurate police
reports. Our professional reputation and the standing of our agency, the individual officer, and the City
of Brooklyn Park is directly related to the quality of written incident reports.




                                                            7
Available websites for further information:

http://www.cosmos-club.org/journals/2000/brown.html

http://www.venables.co.uk/softwarevoice.htm

http://shop.voicerecognition.com/pdfs/dragon/dnsprofessional8.pdf

http://www.voicerecognition.com/3000customers.html

http://www.eweek.com/article2/0,1759,1580267,00.asp

http://www.eweek.com/article2/0,1759,1706401,00.asp

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                                                        8
        BROOKLYN PARK POLICE DEPARTMENT- INCIDENT REPORT DICTATION GUIDE
EVENT DATA
1. Case Number:
2. Location, Including Street Address, City, State
    and Zip Code:
3. Common Place, if applicable (Cub Foods, Fleet
    Farm, Huntington Pointe, etc.):
4. How Received (Radio, Visual, Phone, Alarm, In
    Person, Mail, Other):
5. Primary Officer’s Name/Badge #:
6. Assisting Officer’s Names/Badge #:
7. Date and Time Reported:                                 Date:   ___/___/___              Time:    ____:____
                                                           From:   ___/___/___    ___:___   To:      ___/___/___   ___:___
8.   Incident Occurrence Date and Time Range:                         (Date)       (Time)               (Date)      (Time)
9. Incident (maximum 35 characters):
ADDITIONAL TIMES
1.      Time Dispatched: ___:___
2.      Time Arrived: ___:___
3.      Time Cleared: ___:___
NAME INFORMATION
1.     Contact Type: (Select One): Complainant, Reporting
       Party, Named in Report/Other Person, Victim,
       Suspect/Arrestee, Missing/Runaway, Witness, MV Accident
       (Operator), MV Accident (Occupant), Predatory Offender
       Registration, Owner of Property, Mother, Father, Guardian
2.     Full Name (Last, First, Middle):
3.     Date of Birth:
4      Street Address, City, State, Zip:
5.     Home Phone Number including area code:
6.     Work Phone Number including area code:
7.     Other Phone Number including area code:
8.     Sex:
9.     Race (1-White, 2-White with Hispanic Origin, 3-Black, 4-
       Black with Hispanic Origin, 5-American Indian/Alaskan
       Native, 6-Indian/Alaskan Native with Hispanic, 7-Asian or
       Pacific Isl, 8- Asian or Pacific Isl with Hispanic, 9-Unknown):
10. Dangerous Person (Y or N):
11. Alias(s):
12. School Name (if applicable):
13. Grade (if applicable):
MISCELLANEOUS INFORMATION
1.      Location Type (Single Family, Multi-Family, Business, Street, Gov’t Bldg., Religious Bldg., School, Field/Farms,
        Parks, Other):
2.      Bias Motivation? (Y or N)
3.      Attachments? (Y or N)
SUMMARY
Dictate summary of report – Summary should be a BRIEF factual reconstruction of events associated with the actions.
REPORT NARRATIVE
Chronological timeline and detailed description of events, including final outcome of incident.
DICTATED BY: NAME, BADGE #., SQUAD #
STOLEN PROPERTY INFORMATION/LIST (if applicable)
List items stolen and value
FOR SUPPLEMENTAL REPORTS ONLY:
1. Case Number:
2. Location:
3. Name Information:
4. Offense:
5. Report Narrative
Any Stolen Property must be dictated after closing supplement.


1/5/2005                                                     1
City of Brooklyn Park
Request for Council Action
                                                  Meeting Date:
Agenda Item No:          8.2                                               January 10, 2005
                                                  Originating              Finance and Administrative
Agenda Section:          Discussion Item          Department:              Services

Resolution               N/A                      Prepared By:             Marvin Anderson
                                                                           City Assessor
Ordinance                N/A

No. of Attachments       N/A                      Presented By:            Marvin Anderson

Item:                    Council Training for Local Board of Appeal and Equalization

City Manager’s Proposed Action: N/A


Overview:       Legislation enacted in the 2003 session requires that there be at least one member at each
meeting of a Local Board of Appeal and Equalization (beginning with the 2006 local boards) who has attended
an appeals and equalization course developed or approved by the Commissioner of Revenue within the last four
years. In order to meet the requirement for the 2006 local boards, at least one member must attend the course by
January 1, 2006. In subsequent years, each local board meeting must have one member who has attended the
course within the last four years.

The legislation was enacted as a response to complaints that were directed to the Governor, Legislature and the
Department of Revenue. The legislature determined that training was needed to address the procedural
shortfalls of some local boards. This training will provide information and education for local board members
that will make the process more efficient and result in a better overall experience for both property owners and
local board members.

To make sure that each local board has an opportunity to attend a training session that will satisfy the
requirements of the law, Hennepin County has partnered with the Department of Revenue to offer the course.
The training is scheduled for February 3, 2005 at the Maple Grove Government Center beginning at 2:00 p.m. It
is recommended that two council members attend the training to insure statutory compliance for the 2006 local
board meeting.


Primary Issues/Alternatives to Consider: If, prior to the 2006 Local Board of Appeal and Equalization, no
voting member of the board has attended an approved training session, the city will lose its ability to hold a
Local Board of Appeal and Equalization effective with the 2006 Local Board.


Budgetary/Fiscal Issues: N/A


Attachments: N/A
City of Brooklyn Park
Request for Council Action
Agenda Item No:          8.3                      Meeting Date             January 10, 2005
                                                  Originating
Agenda Section:          Discussion               Department:              Community Development

Resolution               N/A                      Prepared By:             Vickie Schleuning, Code
                                                                           Enforcement & Public Health
Ordinance                N/A                                               Division

No. of Attachments       3                        Presented By:            Vickie Schleuning

Item:                    Discussion and Review of Sign Code, Chapter 150


City Manager’s Proposed Action:

The City Council has requested a review of regulations regarding signs. Please provide direction to staff
regarding the changes, if any, to pursue.

Overview:

A memorandum is attached that provides some history of the Sign Code, Chapter 150. In addition, a
recommended process is provided if a complete recodification is desired.

Staff receives very few complaints or concerns from customers regarding the regulations about permanent
signage. Staff receives a few concerns from customers regarding temporary signage, primarily regarding the
number of banners allowed (three permits per year for one month each).

Primary Issues/Alternatives to Consider:

        •   What are the specific concerns regarding the Sign Code?
              o Permanent signs
              o Temporary signs
              o Fees
              o Other

        •   What is the appropriate balance between providing a safe, attractive environment and consideration
            of business needs?

Budgetary/Fiscal Issues: N/A

Attachments:

8.3 MEMORANDUM “REVIEW OF SIGN REGULATIONS”
8.3 BROCHURE- “TEMPORARY REAL ESTATE & TEMPORARY AREA IDENTIFICATION SIGNS”
8.3 BROCHURE- “TEMPORARY SIGNS- COMMERCIAL & RESIDENTIAL REQUIREMENTS”
                                                                                                8.3 Memorandum
                                                                                                         Page 2


                             Community Development Department
                             Code Enforcement & Public Health Division
                             MEMORANDUM


DATE:                   January 5, 2004

TO:                     Mayor Lampi and City Council Members
                        Douglas Reeder, City Manager

THROUGH:                Bob Schreier, Community Development Director

FROM:                   Vickie Schleuning, Code Enforcement & Public Health Manager

RE:                     Review of Sign Regulations


As part of the 2004 City Council Requests, the City Council has requested a review of the sign regulations,
Chapter 150. A brief history of the sign code and a review process recommendation is provided in this report.
Staff will proceed with this issue based on direction from the City Council.


Background

The sign code was established in 1972. Modifications have been made over the years to update subsections
to industry standards, clarify code language, or adjust to changes in community expectations. However,
complete recodification of the sign regulations did not occur in 2000, as had occurred with other city
ordinances.

In 2003, the changes include the following:

      •   In 2003, the code was changed to allow residential identification signs to be located up to the property
          lines on a property at the entrance to a neighborhood. Further, conditions were added to allow a
          residential identification sign to be located in median islands, roundabouts, or cul-de-sac islands if
          platted and privately owned.
      •   In 2003, an allowance for an additional wall sign in business districts was added for walls immediately
          adjacent to a public street or parking lot. Two walls signs were allowed in combination with other types
          of signs as designated by code or up to three wall signs as the main signage for the building.
      •   In 2004, the temporary signage requirements for non-profit organization events were revised.

There are several areas of the sign code that should be clarified, updated, or changed in order to meet current
technology, trends, or community needs. Further, some legal proceedings are underway in other cities
regarding sign issues that may impact current and future sign regulations. Staff is monitoring the cases and
will be working with the city attorney’s office in order to prepare for subsequent regulatory changes regarding
the sign code.

A copy of the brochure “Temporary Real Estate & Temporary Area Identification Signs” and “Temporary Signs-
Commercial & Residential Requirements” is attached for your information.
                                                                                               8.3 Memorandum
                                                                                                        Page 3


Process for Reviewing Sign Code

The process is important when conducting a comprehensive update of the sign code. Sign regulations often
induce a significant amount of opinions, and therefore require extensive communication, customer input and
organization. In order to ensure appropriate input and engage all affected parties, the process may extend
over a few months. A significant amount of staff time is necessary to effectively facilitate. With these issues in
mind, the following aspects to incorporate into the process are recommended:

   1. Compile and develop list of existing concerns about sign regulations.
      • Staff has compiled a list of concerns with the sign code. These include concerns received from
         residents and businesses.
      • Obtain list of concerns from Planning Commission Members
      • Obtain list of concerns from City Council Members.
      • Obtain feedback from businesses and residents. Methods to achieve feedback include:
                           - Contacting businesses
                           - Holding meeting with business parties
                           - Posting survey through mailings, website, Sun Post, Park Pages, Water
                               Bills, etc.
      • Obtain feedback from sign organization and sign companies. See above Methods.


   2. Depending upon public interest, conduct public meetings or form a committee to review
      revisions.

   3. Prepare and communicate process updates using various contact avenues- city website, hard
      copies, etc.

   4. Prepare draft sign code for review and comment.
      • Obtain uniform sign codes if available.
      • Review sign codes from other cities.
      • Review or monitor current legal cases and issues regarding temporary signs and billboard signs
         and how it will affect the regulations.
      • Incorporate feedback from customers.
      • Present draft for feedback through designated methods. (Committee, Meeting, other media, etc.

    5. Revise and present proposed sign code to Planning Commission for review.

    6. Make changes as suggested and present proposed sign code to City Council for comment.


   Time Period

       Depending on the type of business, the most convenient time for business operators to participate in
       the process varies. It is anticipated that the earliest that staff could begin preparations would be in
       March. This process is anticipated to take four to six months if staff time can be devoted to this
       project.
City of Brooklyn Park
Request for Council Action
Agenda Item No:          8.4                     Meeting Date            January 10, 2005
                                                 Originating
Agenda Section:          Discussion              Department:             Community Development

Resolution               N/A                     Prepared By:            Vickie Schleuning, Code
                                                                         Enforcement & Public Health
Ordinance                N/A                                             Division

No. of Attachments       3                      Presented By:          Vickie Schleuning
                         Review and Discussion of Regulations Regarding Commercial Vehicles and
Item:                    Equipment


City Manager’s Proposed Action:

The City Council has requested a review of regulations regarding commercial vehicles and equipment. Please
provide direction to staff regarding the changes, if any, to pursue.

Overview:

The commercial vehicle and equipment regulations are located primarily in the Zoning Code, Chapter 150. A
memorandum is attached that provides background information and a summary of regulations regarding
commercial vehicles and equipment. In addition, a brochure “Vehicles and Equipment- Resident Storage, Use,
and Parking Requirements” is attached. Pictures that illustrate the impact of commercial vehicles and
equipment in residential areas are also included.

Primary Issues/Alternatives to Consider:

   •    What are the specific concerns regarding commercial vehicle regulations?

            o   Definition- Type, Weight
            o   Restrictions on private property
            o   Restrictions on commercial property
            o   Other

   •    What regulatory aspects have occurred regarding commercial vehicles and equipment since the 2000
        Zoning Code went into effect?

Budgetary/Fiscal Issues: N/A

Attachments:
8.4 MEMORANDUM
8.4 PHOTOS- EXAMPLES OF COMMERCIAL VEHICLES AND EQUIPMENT
8.4 BROCHURE “VEHICLES AND EQUIPMENT- RESIDENT STORAGE, USE, AND PARKING
    REQUIREMENTS”
                                                                                                8.4 Memorandum
                                                                                                         Page 2


                            Community Development Department
                            Code Enforcement & Public Health Division
                            MEMORANDUM

DATE:                  January 5, 2005

TO:                    Mayor Lampi and City Council Members
                       Douglas Reeder, City Manager

THROUGH:               Bob Schreier, Community Development Director

FROM:                  Vickie Schleuning, Code Enforcement & Public Health Manager

RE:                    Review of Regulations Regarding Commercial Vehicles and Equipment


As part of the 2004 City Council Requests, the City Council requested a review of the regulations that govern
commercial vehicles and equipment in the City of Brooklyn Park. This report contains a brief history of
applicable city codes, explains the definition of a commercial vehicle, and describes the standards thereof.
Staff will proceed with this issue based on direction from the City Council.


Background

Prior to the recodification of the city ordinances in 2000, a commercial vehicle was defined primarily as a
vehicle with a weight classification of more than 9,000 pounds (“F” sticker). This classification was in effect
from 1975 until 2000.

The Zoning Code was updated, effective in 2000. There was considerable amount of public input and
discussion throughout the recodification process. The definition of commercial vehicle was changed to include
standards regarding the type of vehicle, in addition to the existing weight classification.

On June 13, 2001, information was presented to the Planning Commission to discuss the commercial vehicle
regulations and receive feedback on the interpretation and enforcement of the regulations. Although persons
who had been recently found in violation of the ordinance had expressed concerns about the ordinance, no
one attended the meeting to support ordinance changes. Staff discontinued the process due to lack of public
support for review.

On November 3, 2003, as part of the recreational vehicle and equipment ordinance update, a couple of code
changes were made involving the commercial vehicle regulations. The weight classification limit was
increased to allow vehicles with a weight classification up to 12,000 pounds (“F” sticker) in residential areas, as
long as they were not a commercial type and were used for residential purposes. For example, this could
include one-ton pickup trucks. Recreational vehicles were also excluded from the weight classification
restriction. This also applied to vehicles located on public streets and located on commercial property as an
accessory use.
The regulation of commercial vehicles varies throughout other communities. Some other methods of
regulation include size (length, width, and height), number, use, location, and screening.
                                                                                                  8.4 Memorandum
                                                                                                           Page 3


Current Code Requirements

The following is a summary of the applicable codes regarding commercial vehicles on residential property,
commercial property and on public streets. With the exception of the on-street parking regulations, Chapter
152, Zoning Code, regulates as follows:

   1.   Definition of Commercial Vehicle. Commercial vehicles are defined generally by three categories-
        weight, type, or external equipment attachments. The use of a vehicle or equipment is also
        considered.

        •   Any vehicle with a weight classification over 12,000 pounds (“G” sticker or higher) is considered a
            commercial vehicle.

        •   Any vehicle that is dump truck, step van, construction vehicle or equipment (bobcat, backhoes and
            the like), semi-tractor or trailer, tank truck, tow truck, tractor, bus, cargo truck, limousine, or taxi.

               o   The style does not include vans that are residential style without exterior attached
                   equipment.

        •   A trailer loaded with commercial vehicles or equipment.

        •   A commercial vehicle includes any vehicle that has commercial equipment added to the vehicle
            such as a snow plow, tow boom, or other externally attached equipment.

   2.   Location on Residential Property. Commercial vehicles may not be stored outside on residential
        property, with the following exceptions:
        • One non-commercial truck with a snowplow is allowed between November 1 and April 1 each year.
        • One taxi or a limousine less than 30 feet in length is allowed.
        • Commercial vehicles or equipment used during a current on-site landscaping or construction
           project.

   3.   Accessory Use on Commercial Property. Commercial vehicles over 12,000 pounds weight
        classification (“G” sticker or higher) licensed to a business may not be stored          outside on
        commercial property in the B-1, B-2, B-3, B-4, and BP districts. A conditional use permit is required for
        parking/storage of overweight vehicles in the I district.

   4.   On Street Parking. A specific code regarding commercial vehicles in Chapter 72, Traffic Code, states
        that a commercial vehicle may not be parked/stored on the street in front of a residence and on the
        same side of the street of a residence. Note: Other traffic codes apply to vehicles, which would include
        commercial vehicles.


Regulatory Aspects

The City periodically receives complaints involving commercial vehicles located in residential areas. Further,
complaints involving businesses operating out of a residential property often have commercial vehicles or
equipment associated with them. In addition, the City receives complaints about commercial vehicles stored in
our business districts. Enforcement actions, such as citations or formal complaints, have been taken to
achieve compliance with the commercial vehicle regulations. Currently, three formal complaints are in
process. Most recent complaints involves commercial style vehicles parked at a residential property; tree or
landscaping operations, construction businesses, or auto repair operations conducted from a residential
property; or dump trucks or commercial equipment improperly stored at a business location.
                                                                                           8.4 Memorandum
                                                                                                    Page 4




A brochure, “Vehicles & Equipment- Residential Storage, Use, and Parking Requirements” is attached for your
information. Further, pictures are attached that provide some examples of commercial vehicles, as defined by
the city zoning code, in the community.
                                                8.4 Photos
                                                    Page 5

Examples of Commercial Vehicles and Equipment
8.4 Photos
    Page 6
                         8.4 Photos
                             Page 7




This Vehicle Not Considered
         a Violation
City of Brooklyn Park
Request for Council Action
                                                         Meeting Date:
Agenda Item No:            8.5                                                  January 10, 2005
                                                         Originating
Agenda Section:            Discussion Items              Department:            Administration

Resolution                 N/A                           Prepared By:
                                                                                Mary Cosgrove
Ordinance                  N/A

No. of Attachments         1                             Presented By:          Mary Cosgrove

Item:                      Review Chaska wireless service report

City Manager’s Proposed Action:

Review the attached Chaska City Wireless Report and discuss potential for investigating wireless access in
Brooklyn Park.

Overview:

Various residents and council members asked staff to investigate the potential for offering wireless service to
city residents and businesses. These inquiries were made after the city of Chaska successfully launched a
wireless network. The attached staff report is a summary of the wireless service offered to Chaska residents and
businesses. It also speaks to the potential for this type of service in Brooklyn Park.

Primary Issues/Alternatives to Consider:

      •   If staff should dedicate additional time and effort to explore the feasibility of offering wireless service in
          Brooklyn Park
      •   The success of other cities who are already doing this
      •   Whether or not the city should get into the wireless business or leave it to the private sector
      •   Whether the potential for a positive revenue stream four years hence justifies pursuing this option

Budgetary/Fiscal Issues:

      •   Initial up-front costs of at least $1 million
      •   Costs of ongoing maintenance and replacement of access points and other hardware/software
      •   Need for external vendors to provide installation and trouble-shooting services
      •   Utility billing costs
      •   Possibility of not reaching a break-even point


Attachments:

8.5       CHASKA WIRELESS REPORT
                                                                             8.5 CHASKA WIRELESS REPORT
                                                                                                   Page 1
                                        Chaska Wireless Report

Background:

Residents and council members asked staff to investigate the potential for offering wireless service to city
residents and businesses. These inquiries were made after the city of Chaska successfully launched a wireless
network.

This spring, Chaska began offering wireless Internet service (Wi-Fi) to city residents for $16 a month. The
city’s potential market is 7,500 households, or 18,000 residents. The city anticipated 1,000 subscribers by the
time the service was offered in July. Wireless customers receive statements in their utility bills. Residents pay
an outside vendor to install and troubleshoot wireless service in their homes.

Typically, wireless access costs run about $40 a month. This means Chaska has aggressively priced its service
to encourage a high level of participation from the start.

The potential for wireless applications goes beyond the paid subscriber pool. For instance, the police
department can use this network. Building inspectors, fire personnel and public works employees may also be
using wireless-enabled devices in the field.

The city’s wireless network is made possible by 200 Wi-Fi cells—called access points—installed over a 16-
square mile radius. These access points—mounted at fixed intervals citywide—broadcast a signal that can be
picked up by subscribers and employees alike.

Five-year track record as an ISP
This isn’t Chaska’s first attempt at offering technology services. For the past five years, it has been an Internet
Service Provider (http://www.chaska.net) for city residents. This obviously involved some startup costs that
aren’t reflected in the transition to a wireless system (see the following section on costs). Moreover, the city’s
ISP customers provided a ready source for potential wireless business.

Migrating to a wireless environment, however, distinguishes Chaska from most cities. This clearly identifies the
city as first-mover/early-adopter in the technology arena.

Up-front costs
Embracing the newest wave of technology carries both benefits and downsides. The biggest benefit is
establishing leadership in a new market. The biggest downside tends to be cost.

Transitioning from a wired to a wireless network cost Chaska approximately $1 million in the first year. This
payout did not include three additional full-time staff hired to manage and support this initiative. Chaska
expects to cut one of the added positions in the near-term. Nor does the $1 million price tag include start up
costs incurred when Chaska became an ISP in 1999.

Outsourcing
Chaska engaged the services of multiple vendors to meet its objective of providing wireless service citywide. It
hired and continues to work with these vendors to mount and maintain access points; provide on-site wireless
installation; trouble-shoot technical difficulties; as well as create and maintain the ISP’s website.
                                                                             8.5 CHASKA WIRELESS REPORT
                                                                                                   Page 2
Costs linked to service area size
Wireless networks are dependent on access points installed at pre-set intervals throughout the service area. Also
called wi-fi cells, these boxes are usually mounted on utility poles. They catch and transmit signals over specific
frequencies. Those within range of these signals can get online without a telephone line or coaxial cable. These
access points must be maintained and replaced as recommended by their manufacturer.

Service area, not population, determines the number of required access points. Chaska is approximately 16
square miles in size; Brooklyn Park is about 30. We will need roughly twice the number of access points
installed throughout the city to offer universally available wireless service to Brooklyn Park residents and
businesses.

Payback period
Chaska expects to break even on their investment within three years. After that point, they anticipate a positive
cash flow. There is hope that this service will become a revenue stream over the long run.

We think this is an optimistic perspective. With 1,000 customers paying $16 a month, Chaska can hope to gross
$192,000 a year. To cover first-year installation and hardware expenses of $1 million over a three-year period,
the city would have to have an average client base of 2,000 households from day one. This would not pay for
additional staff costs, ongoing expenses billed by external vendors, maintenance or replacement of hardware.

Potential market position
Providing this type of service to city residents and businesses could very well establish Brooklyn Park as a
leader, if not a first-mover, in municipal wireless access. This position in the marketplace carries several
benefits. First, we bear less risk than a first-mover/early-adopter. Secondly, we have the ability to observe early-
adopters and benefit from their wisdom, as well as mistakes. Third, the cost of technology typically declines
after embraced by the first wave of early-adopters.

There are qualitative benefits as well. Offering wireless access to the business community is a selling point in
convincing business to establish or expand operations in the city.

Entering this niche may also provide Brooklyn Park with an innovative source of income after the payback
period.

Market size
Brooklyn Park occupies almost twice the land of Chaska. This alone will significantly increase hardware,
installation and maintenance costs.

However, our city also boasts over 28,000 residential households, as well as a healthy business population. The
larger numbers make a three- to five-year payback period seem more achievable. Detailed financial projections
developed at the initiation and planning phase would provide more definitive data.

Integration opportunities
Applications for wireless extend beyond revenue streams, however. The city anticipates upgrading police squad
cars with mobile laptops, all of which will tie into a wireless network. The Fire Department plans to access a
wireless network from laptops in command vehicles. Wireless enabled devices would also be of use in areas
such as Operations and Maintenance, Building Inspections and Code Enforcement.

Typically, we would contract externally to access a wireless network. Operating such a network from City Hall
would obviate this need.
                                                                              8.5 CHASKA WIRELESS REPORT
                                                                                                    Page 3

Need for redundancy
The city of Chaska has established at least one off-site “data center” to use as backup in the event of a network
failure or disaster. This is essentially a twin system, ready to go live if the need arises.

Brooklyn Park would require a similar level of what the industry calls “redundancy.” This, too, carries costs that
would be built into the project specifications.

Timeline
It would seem premature to propose a project launch for 2005. It is within reach to start the initiation phase of
such a project in 2005, and to budget for implementation in 2006. This would give staff adequate time to
research how wireless has been rolled out in Chaska, as well as other cities. It would also give us the ability to
assess the potential for wireless applications at the city, in the Police and Fire Departments, for example. This
would facilitate the budget process as well.

Summary
This is an aggressive project that would require a significant investment over a two to three year period before
any payback would be anticipated. Given the potential for a positive revenue stream, however, staff would like
the opportunity to further explore this issue. We are also seeking feedback from residents and the City Council
on this matter. This report is a first step in that direction.

Thank you for your time. We invite your questions and comments.
City of Brooklyn Park
Request for Council Action
                                               Meeting Date:
Agenda Item No:        9.1                                             January 10, 2005
                       Executive Session       Originating
Agenda Section:        Discussion              Department:             Administration

Resolution             N/A                     Prepared By:
                                                                       Calvin Portner
Ordinance              N/A                                             Asst. to City Manager

No. of Attachments     N/A                     Presented By:         Doug Reeder, City Manager
                       Approval of Collective Bargaining Agreement with Teamsters Local No. 320, Police
Item:                  Non-licensed Personnel


City Manager’s Proposed Action:
MOTION ___________, SECOND ____________ TO AUTHORIZE STAFF TO ENTER INTO A
COLLECTIVE BARGAINING AGREEMENT WITH TEAMSTERS LOCAL NO. 320, POLICE NON-
LICENSED PERSONNEL FOR 2004, 2005 AND 2006.


Overview:
Members of the City negotiation team have been in negotiations with the Police non-licensed since November
of 2003. The unit formed in June of 2003, consisting of Support Service personnel, Community Service
Officers, Detention Officers and Crime Prevention personnel. This is their second contract, retroactive to
January 1, 2004, through December 31, 2006.

The unit has 43 members and agreed to the adopted provisions by member vote on December 16, 2004.


Primary Issues/Alternatives to Consider:
N/A


Budgetary/Fiscal Issues:
N/A


Attachments:
N/A

				
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