The URL can be used to link to this page

Home My WebLink About2008 11-24 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION November 24, 2008 6:00 P.M. City Council Chambers A copy of the full City CUUn�il packet is available to the pub�ic. The p�.cket ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous a. Centennial Celebration Report 3. Discussion of Work Session Agenda Items as Time Permits 4. Adj ourn I i CITY COUNCIL MEETING City of Brooklyn Center November 24, 2008 AGENDA 1. Informal Open Forum With City Council 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the a enda. 0 en Forum will limited to 15 minutes, it is not televtsed and it may �ot g P 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 Fonun will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Council Report 7. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. November 5, 2008 Special Session 2. November 10, 2008 Study Session 3. November 10, 2008 Regular Session 4. November 10, 2008 Work Session b. Licenses 8. Presentations/Proclamations/Recognitions/Donations None CITY COUNCIL AGENDA -2- November 24, 2008 9. Public Hearings a. Ordinance Amendments Regarding the Sale of Motor Vehicles 1 An Ordinance Amending Chapter 23 of the City Code of Ordinances Regarding the Sale of Motor Vehicles Requested Council Action: ._--Motion to open the Public,Hearing. —Take public input. —Motion to close the Public Hearing. —Motion to adopt ordinance 2. An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Sale of Motor Vehicles Requested Council Action: —Motion to o en the Public Heaxing. P —Take public input. —Motion to close the Public Hearing. -Motion to adopt ordinance 10. Planning Commission Items None 11. Council Consideration Items a. Resolution Entering into a Joint Powers Agreement to Participate in the Brooklyn Bridge Alliance for Youth Requested Council Action: —Motion to adopt resolution. b. Resolution Authorizing the Early Order/Purchase of Six 2009 Ford Crown Victoria Police Patrol Vehicles Requested Council Action: —Motion to adopt resolution. c. Franchise Fee Ordinance Amendments 1. An Ordinance Amending Ordinance No. 2003-22, Exhibit A; Fee Schedule for an Electric Franchise Fee on Xcel Energy for Providing Electric Service Within the City of Brooklyn Center Requested Council Action: —Motion to approve first reading and set second reading and Public Hearing for January 12, 2009. 2. An Ordinance Amending Ordinance No. 2003-23, Exhibit A; Fee Schedule for a Natural Gas Franchise Fee on CenterPointe Energy Minnegasco's Operations Within the City of Brooklyn Center Requested Council Action: —Motion to approve first reading and set second reading and Public Hearing for January 12, 2009. CITY COUNCIL AGENDA -3- November 24, 2008 d. Request for Proposals for Banking Services Requested Council Action: —Motion to approve request for banking services. An Ordinance Amending Chapter 5 of the City Code of Ordinances Requested Council Action: —Motion to approve first reading and set second reading and Public Hearing for January 12, 2009. 12. Adjournment �i Counci� A:gend�. �tem l�+a. 7� C 1 s'� 'i' i� V The majority consensus of the City Council was that the proposed resolution be added to the City Council meeting agenda as Agenda Item No. 11 f. Councilmember Ryan requested discussion on Agenda Item No. llb, specifically in relation to assessments. Mr. Lillehaug provided an overview of policy on street reconstruction assessments and improvements that are funded through user fees. Councilmember Yelich requested discussion on Agenda Item No. 11 d, specifically in relation to whether there are any 4d properties in the City that do not qualify for the proposed resolution. Mr. Boganey provided an overview of the requirements included_ in the Crime Free Multi-Housing Program for properties classified as 4d. Any of the designate operties could be subject to losing if the re uirements are not met. their 4d classification q Councilmember Lasman requested discussion on Agenda Item No. 9b, specifically in relation to Section 12-1504(8). She stated her support of including language on the posted Vacant Building Permit indicating when the property is being monitored by the. City as a vacant property. Mr. Boganey pointed out that posting this information may create a certain expectation on the part of the City. Staff will discuss the suggestion with City Attorney LeFevere. Councilmember Lasman inquired about the status of the financial services RFP. Mr. Boganey replied that a draft RFP will be presented to the Financial Commission within the next week and will be included on the November 24, 2008 City Council meeting agenda. Councilmember Lasman requested the Council receive an update on the League of Minnesota Cities lawsuit. Councilmember Ryan requested discussion on Agenda Item Na 9a, specifically in relation to Section u ant is occu ied service u on the occ p 1 9- 3 0 0 5( 2). H e n o t e d t h e s e n t e n c e s t a. h n g W h e n t h e p r o p e rt y p P is deemed service upon the owner", and questioned the effect on rental properties where the tenants do not speak English and may not be able to comprehend the notice. Mr. Boganey stated in all of these situations there is an expectation that staff and management will exercise discretion and good judgment. He.would expect that in almost every case where the City would incur the cost of going in and abating the nuisance they will not rely on a single method of service if it can be avoided. Even though there is the ability to do just one method of notice, due diligence would require that they are cautious. It would be taken into consideration if the tenant does not speak English. MiSCELLANEOUS A. REYIEW TABLED ITEMS ON REGULAR SESSION AGENDA Mr. Boganey stated based on the election results it would seem appropriate to remove from the agenaa the ordinance relating to administrative fines that was previously tabled. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at I 6:45 p.m. 11/1-0/08 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION NOVEMBER 5, 2008 CITY HALL L CALL TO ORDER The Brooklyn Center City Council met in Special Session as an election canvass board called to order by Mayor Tim Willson at 5:00 p.m. 2. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, and Mark Yelich. Councilmember Dan Ryan arrived at 5:15 p.m. Also present were City Manager Curt Boganey and City Clerk Sharon Knutson. 3. CANVASS OF ELECTION RETURNS 3a. RESOLUTION NO. 2008-120 REGARDING CANVASS OF NOVEMBER 4, 2008, MUNICIPAL GENERAL ELECTION AND SPECIAL ELECTION The Brooklyn Center City Council proceeded to canvass the City election returns from all City precincts, reporting ballots cast in the City of Brooklyn Center contest as follows: Office of Citv Council Member Ballot Count Tim Roche 5,627 Kay Lasman 4,405 Ed Nelson 3,293 Mary O'Connor 3,118 write-in 150 Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2008-120 Regarding Canvass of November 4, 2008, Municipal General Election and Special Election. It was noted that the Resolution did not include the returns of the City Ballot Question. Councilmember Lasman amended the original motion to add the City Ballot Question returns to the resolution and Councilmember Yelich seconded. Questions were raised regarding the write-in votes for the office of Council Member, under votes for the City Ballot Question, and under votes for the Constitutional Amendment. A further inquiry was 11/OS/08 -1- DRAFT made regarding why the under votes for the Constitutional Amendment were counted as NO votes, but not for the City Ballot Question. The City Manager responded that he will provide the requested information. Motion passed unanimously. 4. ADJOURNMENT Councilmember Lasman moved and Councilmember Yelich seconded adjournment of the Special Session at 5:20 p.m. Motion passed unanimously. 11/OS/08 -2- DRAF�r MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION NOVEMBER 10, 2008 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also preserit were City Manager Curt Boganey, Director of Fiscal Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, Assistant to the City Manager Vickie Schleuning, and Caxol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember O'Connor requested that Item No. 7e be removed from the Consent Agenda. Councilmember O'Connor requested discussion on Item No. 7c, specifically in relation to whether strong beer or liquor will be sold at the Church of St. Alphonsus event for which the temporary on- sale liquor license is being requested. Mr. Boganey replied only 3.2% beer will be allowed with the liquor license. Councilmember Yelich requested Council consideration of removing Item No. 6, Council Report, from the City Council meeting agenda. He suggested it may not be the best use of time and may not contribute to the overall meeting. It was noted that this item is included on the meeting agenda in accordance with City Council policy. There was discussion on whether there is interest in amending the City Council policy to remove Council Report from the City Council meeting agenda, as well as discussion on the possibiiity of amending the meeting agenda to include Council Report at the end of the agenda. It was noted that Council Report is a method to inform citizens of important events or issues in the community, as well as a method for council members to provide a suminary report to the rest of the Council on the boards/commissions they are assigned to. Mayor Willson and Councilmembers Lasman and Ryan stated their support of Council Report remaining on the City Council meeting agenda. The Council reviewed the November 10, 2008, memorandum from City Clerk Sharon Knutson regarding a proposed Resolution Amending Resolution No. 2008-120 Regarding Canvass of November 4, 2008, Municipal General Election and Special Election. I 11 /10/08 -1- DRAFT The majority consensus of the City Council was that the proposed resolution be added to the City Council meeting agenda as Agenda Item No. 11 f. Councilmember Ryan requested discussion on Agenda Item No. llb, specifically in relation to assessments. Mr. Lillehaug provided an overview of policy on street reconstruction assessments and improvements that are funded through user fees. Councilmember Yelich requested discussion on Agenda Item No. 11 d, specifically in relation to whether there are any 4d properties in the City that do not qualify for the proposed resolution. Mr. Boganey provided an overview of the requirements included in the Crime Free Multi-Housing Program for properties classified as 4d. Any of the designated 40 properties could be subject to losing their 4d classification if the requirements are not met. Councilmember Lasman requested discussion on Agenda Item No. 9b, specifically in relation to Section 12-1504(8). She stated her support of including language on the posted Vacant Building Permit indicating when the property is being monitored by the. City as a vacant property. Mr. Boganey pointed out that posting this information may create a certain expectation on the part of the City. Staff will discuss the suggestion with City Attorney LeFevere. Councilmember Lasman inquired about the status of the financial services RFP. Mr. Boganey replied that a draft RFP will be presented to the Financial Commission within the next week and will be included on the November 24, 2008 City Council meeting agenda. Councilmember Lasman requested the Council receive an update on the League of Minnesota Cities lawsuit. Councilmember Ryan requested discussion on Agenda Item No. 9a, specifically in relation to Section 19-3005(2). He noted the sentence stating "When the property is occupied, service upon the occupant is deemed service upon the owner", and questioned the effect on rental properties where the tenants do not speak English and may not be able to comprehend the notice. Mr. Boganey stated in all of these situations there is an expectation that staff and management will exercise discretion and good judgment. He would expect that in almost every case where the City would incur the cost of going in and abating the nuisance they will not rely on a single method of service if it can be avoided. Even though there is the ability to do just one method of notice, due diligence would require that they are cautious. It would be taken into consideration if the tenant does not speak English. MISCELLANEOUS A. REVIEW TASLED ITEMS ON REGULAR SESSION AGENDA Mr. Boganey stated based on the election results it would seem appropriate to remove from the agenda the ordinance relating to administrative fines that was previously tabled. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45..p.m. 11/10/08 -2- DRAFT Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Lasman seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. MISCELLANEOUS A. REVIEW TABLED ITEMS ON REGULAR SESSION AGENDA The discussion continued on the ordinance relating to administrative fines that was previously tabled and the process to remove the item from the agenda. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS SCHEDULE ANNUAL RETREAT I Mr. Bo ane re uested in ut from the Council re ardin the scheduling of the annual City Council g Y q P g g retreat. The majority consensus of the City Council was to direct staff to schedule the annual City Council retreat for February 28, 2008. The retreat format should include a goal setting session led by a facilitator with department heads present. Mayor Willson stated his preference that prior to adding additional goals there be a review of current goals. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:58 p.m. Motion passed unanimously. I 11 10/08 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 10, 2008 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER iNFORMAL OPEN FOI�UM. The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, Community Development Specialist Tom Bublitz, Assistant to the City Manager Vickie Schleuning, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City CounciL Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION None. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey; Director of Fiscal Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, Community Development Specialist Tom Bublitz, Assistant to the City Manager Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. I UIO/08 -1- DRAFT 6. COUNCIL REPORT Councilmember Ryan: No report lookin forward to serving Councilmember Lasman thanked the citizens that voted and stated she is g for another four years. Councilmember Yelich: No report Councilmember O'Connor: No report Mayor Willson thanked staff for showing City Hall to the Cub Scout pack that was present last week. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, as amended, with the removal of Item No. 7e from the Consent Agenda to Council Consideration Item No. 11 e, and the addition of Council Consideration Item No. 11 f: Resolution Amending Resolution No. 2008-120 Regarding Canvass of November 4, 2008, Municipal General Election and Special Election, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. October 20, 2008 Joint Work Session with Financial Commission 2. October 27, 2008 Study Session 3. October 27, 2008 Regular Session 4. October 27, 2008 Work Session 7b. LICENSES GASOLINE SERVICE STATIO N Two Rivers Investment, Inc. 1525 120�' Lane NE, Blaine MECHANICAL Signminds Inc. 1050 33` Ave SE, Minneapolis RENTAL INITIAL 5956 Beard Ave N Ann Cook 5150 Drew Ave N Chao Yang 6936 Ewing Ave N Nathan Gerard 5300 F rance Ave N Mounira Adam 7101 France Ave N Luanne Carlson 5640 Fremont Ave N Doug Wahl 4953 Zenith Ave N Jerry Rath RENEWAL 5233 Drew A ve N James Joan Bagwell ve N Linh Nguyen 6843 Dupont A 11 10/08 -2- DRAFT 6809 Fremont Place N Terry Hartmann 5737 Halifax Ave N Kendall Burke 3319 Mumford Rd William Coleman 7111 Riverdale Rd Allan Vicki Olson TOBACCO RELATED PRODUCT Two Rivers Investment, Inc. 1525 120�' Lane NE, Blaine 7c. Application and Permit for Temporary On-Sale Liquor License Submitted By the Church of St. Alphonsus, 7025 Halifax Avenue North, for an Event to be Held January 24, 2009, Replacing the F'ebruary �1, 2009, Event Date 7d. Approval of Site Performance Guarantee Release for 4821 23 Twin Lake Avenue North 7e. Resolution Increasing Petty Cash at BC Liquor This item was moved to Council Consideration Item No. 11 e. Motion passed unanimously. 8. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIO None. 9. PUBLIC HEARING 9a. ORDINANCE NO. 2008-10 AMENDING CHAPTER 19 OF THE CITY CODE OF ORDINANCES; ADDING NEW SECTIONS RELATING TO THE ABATEMENT OF GRAFFITI Mr. Boganey introduced the item and discussed the Yustory of the proposed ordinance. Ms. Schleuning provided a brief overview of the proposed ordinance and answered questions of the City CounciL There was discussion on Section 19-3003, specifically in relation to repeat violations. Ms. Schleuning explained as stated in the ordinance, if a property is subject to three or more occurrences of graffiti within a year, application of anti-graffiti material of a type and nature that is acceptable to the City may be required. She explained in most cases if there is graffiti on a long term basis the Police Department will work with the properiy owner to ensure that they provide some type of prevention. There are several different things that could be considered long term solutions depending on the situation. Councilmember Yelich moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Mr. Chris Carlson, 7000 Halif� Avenue N., stated he lives directly across the street to the east from St. Alphonsus Church. There is a municipal sidewalk on the north side of his property line, and he has about 90 feet of a six foot tall wooden fence for privacy along that sidewalk. In the last three years the fence has been tagged at least seven times, maybe as many as ten times. Mr. Carlson stated 11/10/08 -3- DRAFT his concerns regarding graffiti that has occurred on the fence, beginning in 2006. He stated he was told by the police that they were probably not going to be able to catch anyone in the act. In addition, he did not always receive an officer response when reporting the graffiti. He sta.ted the fence was tagged at least four or five times this summer. He has been forced to sand off a large portion of the fence to remove the graffiti which detracts from the appearance of the fence and will eventually detract from the resale value unless he replaces the fence. Mr. Carlson stated as far as he knows there have been no attempts made by the Police Department to monitor this particular area or increase officer patrols in the neighborhood. It is easy to question the effectiveness of the Police Department in the investigation of this problem, especially since the police believe that tagging is associated with criminal activity, and sometimes violent crimes. Mr. Carlson stated he is here tonight because he is worried about the potential of the fines or special assessments that may be levied on private citizens in Brooklyn Center. He stated it is unfortunate that the citizens are facing potential financial ts of other eo le. He stated the ordinance does not penalties directly related to the cnmmal ac p p address the problem. The Council reviewed pictures of graffiti on Mr. Carlson's fence at vaxious times in the last three years. Councilmember Lasman moved and Councilmember O'Connor seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman stated she is sensitive to what Mr. Carlson had to say. She stated her position that the ordinance is a better action than inaction, that it would not be in the City's best interest not to have a vehicle that requires clean up of the graffiti, and that the ordinance will 'be a useful tool in prohibiting this type of activity. She pointed out there is a lot of data on cleanup discouraging further tagging, and that now that this has been brought to the Council's attention they need to be sure that the City is monitoring the areas that are frequently hit. Councilmember Lasman moved and Councilmember Yelich seconded to adopt ORDINANCE NO. 2008-10 Amending Chapter 19 of the City Code of Ordinances; Adding New Sections Relating to the Abatement of Graffiti. Councilmember O' Connor stated her position that the burden should not be put on the property owner, rather than the person who committed the crime. She stated her concern with the following verbiage included Section 19-3005(2): When the property is occupied, service upon the occupant is deemed service upon the owner. Councilmember O'Connor expressed concern that if notice is given to a renter that is not passed to the property owner the owner could be fined or assessed. She stated her opposition to the proposed ordinance. Councilmember Yelich stated he is empathetic with Mr. Carlson. He asked Mr. Boganey what the City's response would be to a resident like Mr. Carlson in relation to this ordinance. Mr. Boganey stated the City would not go on a property to abate the nuisance and charge the property owner without giving the owner every opportunity to take care of the problem. If graffiti exists the ordinance would require the City to take action. That action would be to notify the property owner and request that the graffiti be removed, and to work with the property owner to make sure that happens. He stated finding the perpetrators of these types of activities is not easy, but the Police Department is working on identifying individuals that they believe could be the perpetrators of these actions in cooperation with police departments of other cities. In addition, one of the features of this 11 /10/08 _4_ DRAFT ordinance is that it specifically states if the graffiti is applied by a person under 18, the parents or legal guardians will also be responsible for removal or payment of the cost for removal. Staff believes that speaks towards deterrence. Councilmember Yelich noted there appears to be a broken streetlight in one of the pictures of Mr. em could be minimized b the Police Department Carlson s fence. He su ested the graffiti probl Y gg bringing this type of situation to the attention of the Public Works Department or utility company. Mr. Boganey concurred. He stated every situation is unique, and with repeat violations the goal is to come up with a way to reduce the likelihood of graffiti occurring. Councilmember Yelich stated his support of the proposed ordinans;e as a base level enforcement tool. Mayor Willson stated he understands Mr. Carlson's concerns with this particular issue. He pointed out that there are individuals that have come forward to have the City look at an ordinance to strengthen what is done with the graffiti situation. It is understood from the PERF Study that tagging is gang related, and that if the tagging is left unabated the case can be made for severe cases of escalated gang activity as those gangs mark their area. He stated his support of the proposed ordinance. Mr. LeFevere advised that while this kind of ordinance seems to have the effect of punishing the I blic nuisance and the the raffiti occurs it is a u ance states is that once P victim, what the ordin g landowner is responsible to do something about it. This is not unusual; the same type of responsibility is true if a vandal knocks out the windows of a house, dumps garbage on a lawn, knocks the taillights out of a car, etc. The penalties that seem to trouble everyone do not arise when the landowner becomes the victim; they arise if the landowner does not take caxe of the problem. ed to amend the ro osed Councilmember O Connor moved and Councilmember Yelich second p P ordinance as follows: Section 19-3005(2): "...Whenever it is determined that a public nuisance is being maintained or exists on a property, the City Manager must give seven (7) days' written notice throu h service by mail, by posting a notice on the property, or by personal delivery to the owner or g responsible party of the property on which the public nuisance is located. �x"'°" �""Y�� Where the property is unoccupied. Mr. LeFevere advised that the proposed ordinance comes from staff's continuing frustration in getting the process started and finding someone to serve notice on. It is staff s practice to send notice to anyone they can find because they want the problem to be corrected. There are properties in foreclosure, banks, absentee landlords, etc., and it may be in some cases that notifying the tenant is not much more or less likely to result in notice to the actual owner than posting the property is. He believes staff will notify everyone they can find, and if that party is only the occupant, they can prove they have served notice on the occupant and have legal basis to proceed with the abatement. He stated the landlord can include in his contractual relationship with the tenant an obligation that the tenant notify the landlord of any such notifications. It is not ideal, but sometimes in the absence of this type of notice provision, the City is paralyzed and cannot proceed or give notice to anyone, and there is not due process without notice. This becomes the responsibility of a landowner; the owner needs to be sure their tax records are up to date so they receive mailed notifications. Mayor Willson and Councilmembers Ryan, Lasman, and Yelich voted against the same. Motion on amendment failed. 11/10/08 -5- DRAFT Councilmember Ryan stated his support of the proposed ordinance as an additional tool for the City. He noted the City Manager has commented on the responsibility to potential youth offenders and the City Attorney has commented on the functional purpose of the notification to occupants. The ordinance has been discussed thoroughly at work session and at the first reading. Councilmember O'Connor voted against the same. Motion passed. 9b. ORDINANCE NO. 2008-11 AMENDING CHAPTER 12 OF THE CITY CODE OF ORDINANCES; ADDING NEW SECTIONS RELATING TO THE REGISTRATION AND REGULATION OF VACANT BUILDINGS Mr. Boganey introduced the item and discussed the history of the proposed ordinance. Ms. Schleuning provided a brief overview of the proposed ordinance and answered questions of the City Council in relation to the annual registration fee. She indicated the fee schedule will be presented to Council at a later date. There was considerable discussion on Section 12-1504(2)(d). Councilmember O'Connor expressed concern regarding the provision for demolition of properties that are vacant for more than 365 days without an approved property plan. She stated concern that properly where homes are demolished will become less valuable which the rest of the citizens will pay more property taxes to make up for. It was noted that the Council has been strong on the redevelopment issue and that there will be some demolition of houses when dealing with the issue of vacant houses and blight. It was stressed that according to the ordinance the compliance official may approve an alternative schedule in the property plan, and that the ordinance allows room for a plan and the property remaining viable. It was noted that staff has identified approximately 15 properties that would be good options for demolition; which is a small percentage of the approximate 200 identified vacant properties in the City. It was noted that this ordinance also applies to commercial vacant property. Mr. Boganey clarified that only in cases where vacant properties are not registered and maintained and the property owner fails to keep the properly from becoming a nuisance or risk to the general public, or where it is apparent that the property cannot be substantially repaired, would staff be looking at demolition. The objective is not to demolish 200 vacant homes, but to preserve as many of those homes as possible. Councilmember Yelich moved and Councilmember Lasman seconded to open the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2008-11 Amending Chapter 12 of the City Code of Ordinances; Adding New Sections Relating to the Registration and Regulation of Vacant Buildings. There was discussion on the vacant commercial property located in the Opportunity Site and the vacant Fuddruckers restaurant. Councilmember O'Connor expressed concern with the possibility of 11/10/08 -6- DRAFT the commercial buildings being demolished. It was noted that the goal of the ordinance is that the properties be maintained, and that this would not be a problem with the subject buildings. Mr. LeFevere advised that in regards to the subject properties, a strip mall with some of the units not being leased out would not be considered vacant. In the case of Fuddruckers, the proposed ordinance obligates the owner of a vacant building to take steps to ensure that it is not a nuisance; only when a plan has not been submitted and approved by the building official does the demolition provision come into play. Fuddruckers or any other properiy is not in danger of a demolition process unless they fail to register and submit a plan that satisfactorily addresses those potential nuisance conditions. He advised that the City would be foolish to demolish property without being sure they are very comfortable that the landowner had been given every elerne�it of �ue process so that the City does not wind up paying for that building. Councilmember O'Connor voted against the same. Motion passed. 9c. ORDINANCE NO. 2008-12 AMENDING CERTAIN SECTIONS OF CHAPTER 12 RELATING TO INSPECTIONS AND NOTIFICATION Mr. Boganey introduced the item and stated the history of the proposed ordinance. Councilmember Yelich moved and Councilmember O'Connor seconded to open the public hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to close the public heaxing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Yelich seconded to adopt ORDINANCE NO. 2008-12 Amending Certain Sections of Chapter 12 Relating to Inspections and Notification. Councilmember O' Connor voted against the same. Motion passed. 10. PLANNING COMMISSION ITEMS None. 11. COUNCIL CONSIDERATION ITEMS lla. AMEND 2008 CITY COUNCIL MEETING SCHEDULE Mayor Willson stated the purpose of the amendment to the 2008 City Council meeting schedule to set a special session to conduct the City Manager Performance Review. Councilmember Lasman moved and Councilmember Ryan seconded to amend the 2008 City Council meeting schedule and set date and time for a Special Session for Friday, November 14, 2008, at 6:00 p.m. in the All America Conference Room, City Hall. Motion passed unanimously. llb. RESOLUTION NO. 2008-122 PROVIDING FOR THE COMPETITIVE 11 /10/08 -7- DRAFT NEGOTIATED SALE OF $2,390,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008B Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. There was discussion on the estimated interest rate of 4.�5%. Mr. Boganey stated the actual interest rate will be known once the sale is negotiated and will come back to the Council for approvaL Councilmember O'Connor expressed concern with the cost in interest and fees associated with the to borr owin mone and should pay bond sale. She stated her position that the government should s p g Y r thin s as the o. fo g y g Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-122 Providing for the Competitive Negotiated Sale of $2,390,000 General Obligation Im rovement Bonds Series 2008B. P Mr. Boganey explained that the bonds will reimburse the City for costs incurred for projects completed in 2007 and 2008. The proceeds from the bond sales will allow replenishment of funds that will be a�ailable to cover the cost of future projects. The method historically has been that the City fronts these cost in advance and reimburses itself through bond proceeds. Councilmember O'Connor voted against the same. Motion passed. llc. RESOLUTION NO. 2008-123 ACCEPTING WORK PERFORMED AND PAYMENT IMPROVEMENT PROJECT NO. 2007-17, AUT HORIZING FINAL CONTRACT 2007-I, KYLAWN PARK IMPROVEMENTS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-123 Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2007-17, Contract 2007-I, Kylawn Park Improvements. Motion passed unanimously. lld. RESOLUTION NO. 2008-124 AUTHORIZING THE CITY OF BROOKLYN CENTER'S ADOPTION OF 2008 MINNESOTA SESSION LAW CHAPTER 366, ARTICLE 6, SECTION 48; PARTICIPATION IN CRIME FREE MULTI-HOUSING PROGRAM FOR PROPERTIES CLASSIFIED AS 4d Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Commander Benner provided a brief presentation on the Crime Free Multi-Housing (CFMH) Program. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-124 Authorizing the City of Brooklyn Center's Adoption of 2008 Minnesota Session Law 11/10/08 -8- DRAFT Chapter 366, Article 6, Section 48; Participation in Crime Free Multi-Housing Program for Properties Classified as 4d. Commander Benner answered questions of the City Council regarding the CFMH Program in relation to the requirement for an annual meeting to involve the residents. He stated if the residents choose not to attend it does not penalize the management. Councilmember O' Connor questioned why some rental properties that house low income tenants receive such a low property tax. She expressed concern with the costs that will be incurred by the City to keep track how much crime is occurring and to help the State ensure that these landlords are running good apartments. Representative Debra Hilstrom addressed the City Council and explained that the State set a policy that would lower the tax rate for affordable housing. This program is a tool to allow the City to take away the ta�c preferred status if the property owners are abusing that privilege. Councilmember O' Connor voted against the same. Motion passed. lle. RESOLUTION NO. 2008-121 INCREASING PETTY CASH AT BC LIQUOR Councilmember O'Connor inquired about the petty cash procedure and expressed concern regarding the petty cash increase from $5,700 to $10,700, as well as the possibility of theft from employees. Mr. Boganey explained that the purpose of the petty cash system is to be sure that there is sufficient cash to make change at the beginning of each operating day. �I'here are safes at each of the stores. The safes are not accessible except to a limited number of employees, and there axe cameras that run seven days per week, 24 hours per day at the location of the safes. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-121 Increasing Petty Cash at BC Liquor. Motion passed unanimously. llf. RESOLU3'ION NO. 2008-125 AMENDING RESOLUTION NO. 2008-120 REGARDING CANVASS OF NOVEMBER 4, 2008, MUNICIPAL GENERAL ELECTION AND SPECIAL ELECTION Mayor Willson stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Yelich seconded to adopt RESOLU�'ION NO. 2008-125 Amending Resolution No. 2008-120 Regarding Canvass of November 4, 2008, Municipal General Election and Special Election. Motion passed unanimously. AGENDA ITEMS TABLED: AN ORDINACE RELATING TO ADMINISTRATIVE FINES; ADDING A NEW SECTION 12.13 TO THE BROOKLYN CENTER CITY CHARTER Councilmember Lasman moved and Councilmember Ryan seconded to remove from the table an Ordinance Related to Administrative Fines; Adding a New Section 12.13 to the Brooklyn Center City Charter. I 11/10/08 -9- DRAFT Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to rescind the City Council Action to Approve the First Reading of an Ordinance Relating to Administrative Fines; Adding a New Section 12.13 to the Brooklyn Center City Charter. Motion passed unanimously. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember O'Connor seconded adjournment of the City Council meeting at 8:40 p.m. Motion passed unanimously. 11/10/08 -10- DR.AFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION NOVEMBER 10, 2008 CITY HALL COUNCIL CHAMBERS I CALL TO ORDER I The Brooklyn Center Ciry CounciUEconomic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:59 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Community Development Director Gary Eitel, Community Development Specialist Tom Bublitz, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. UPDATE ON 57 AND LOGAN REDEVELOPMENT SITE AND SOIL VAPOR STUDY AND REVIEW OF "CONTAMINATION ASSESSMENT HMONG-AMERICAN SHOPPING CENTER SITE" REPORT Mr. Bublitz provided background information on the 57�' and Logan Avenues Soil Vapor Study. He stated the final work product relative to the EDA's assessment activities at the 57�' and Logan site is the report titled "Contamination Assessment Hmong American Shopping Site, Brooklyn Center, Minnesota". This is a report summarizing the investigation and assessment activities relative to the 57 and Logan site beginning with investigations done prior to the EDA's involvement with the site and including the EDA's investigation and assessment activities from 2005 to present. Mr. Bublitz and Mr. Scott Tracy, Senior Project Manager with Tetra Tech, provided a Power Point presentation and answered questions of the Council on the Logan and 57 Avenue Redevelopment Site. The presentation and discussion included the following information: Logan and 57 Avenue Site History Initial Environmental Assessment (August and Fall 2005) Vapor Intrusions and VOCs Initial Environmental Assessment (Suinmer-Fall 2006) Continued Off-Site Investigation Sub-Slab Investigation Well Receptor Survey Summary of Groundwater Testing Summary of Soil Vapor Testing Future Steps There was additional discussion on the following in relation to the Logan and 57�' Avenue Site: The Department of Health and the MPCA will be present at the public meeting to answer any questions regarding health risks. 11 10/08 -1- DRAFT Previous discussions with the MPCA included an indication that property owners would be provided with a letter at the end of the analysis clarifying from the MPCA perspective the level of risk or non-risk associated with health problems on each property. The threshold of when to install remediation systems will be determined by the MPCA. Sub-slab investigation process the testing process does not create additional opportunities for seepage. Mr. Boganey inquired about the likely timeline to receive a No Further Action letter from the MPCA. Mr. Tracy stated the soil issue is limited to the former drycleaner and the levels present on the property are very low. The MPCA should be willing to issue the No Further Action letter. The ground water and soil vapor concerns wiil not be eligible for a No Further Action letter until the assessment is completed and a suitable response has been prepared for remediation of the residential properties. Mr. Boganey advised that one of the options available to the EDA with respect to redevelopment of of the site is to segregate a portion of the site where there is identified contamination from the balance the site. Although it could take a couple of years to resolve the vapor issues, that does not mean that the EDA is precluded from moving forward with the development of the site. 90% of the site can likely be developed without any concern. JOINT POWERS AGREEMENT BROOKLYN BRIDGE ALLIANCE UPDATE Mr. Boganey stated the CounciliEDA has been provided with the revised Brooklyn Bridge Alliance Joint Powers Agreement (JPA). The JPA is very general and it will be easy for any member to withdraw. It is basically a handshake deal where the parties have agreed to work together to try to cooperate and coordinate activities to provide for positive youth development in Brooklyn Center and Brooklyn Park. If the Council/EDA would like to proceed with the JPA it can be included on a future agenda for consideration. The City Council/EDA reviewed the revised JPA. It was noted that Brooklyn Park is named as the fisca.l agent of the Alliance. It was noted corrections are needed to the roman numerals included in the JPA. Mayor/President Willson, Councilmembers/Commissioners Lasman and Ryan stated support of the City entering into the Brooklyn Bridge Alliance Joint Powers Agreement. ioned the value of the initiative in terms of the City's lich uest Commissioner/Councilmember Ye q perspective, particulaxly in relation to how it supports the mission and goals of the City, as well as the cost in terms of staffing and distraction from other priorities of the City. He expressed concern that the initiative may duplicate efforts of the Northwest Hennepin Human Services Council (NWHHSC). Mr. Boganey stated the initiative does not duplicate efforts of the NWHHSC that he is aware o£ He provided an overview of how the initiative would supplement current ongoing activities of the Brooklyn Center coalition made up of local churches, Brooklyn Center High School, social service or anizations, and the Police and Recreation Departments that are focusing efforts on youth at risk. He g stated if it is determined in the future that there is a duplication of efforts occurring he would expect that NWHHSC or the Alliance would determine that one of the groups should discontinue those efforts. It was noted that NWHHSC is looking at budget cuts and a lack of resources, and is not certain that the organization will continue to work in the area of youth activities. 11 /10/08 -2- DRAFT The majority consensus of the City Council/EDA was to include the Brooklyn Bridge Alliance Joint Powers Agreement on a future City Council meeting agenda for consideration by the Council. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 10:30 p.m. I Motion passed unanimously. 11/10/08 -3- DRAFT w� C�ity ��Co►�un��il� A.genda Item l��►. ?�r t COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager i FROM: Maria Rosenbaum, Deputy City Clerk DATE: November 18, 2008 SUBJECT: Licenses for Council Approval Recommendation: T recommend that the City Council approve the following list of licenses at its November 24, 2008, meeting. Background• The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 1� of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. CHRISTMAS TREE SALES 5040 Brooklyn Blvd PQT Company dba Rum River Tree Farm I 3245 Bass Lake Road PQT Company dba Rum River Tree Farm MECHANICAL D L Johnson Heating and Air 19620 Jackson Street NE, East Bethel Neil Heating A/C P O Box 29292, Minneapolis Superior Heating, Air Conditioning, Electric Inc. 3731 Thurston Avenue, Anoka Total Air, Inc. 9060 247�' Street E, Lakeville RENTAL See attached report. y�� F .u. K a,; p� �:.,x. .x,. .z�,. 5, �-yr :�,.r.� �rs, �i,. 3>, ._�3 ,i,.. y� �"�t,,x Sa+� �r�'" d"^' �j..�i "iM�w`' ae�, �::�5 ��3 G� Y.i. .x �.�M,g,,, f, h rt. i'.W.� u 4x� .,,.9'. .i' :J:i'' y oC;..� w e�„'^ q,3n, :l'-2';: -x k" 1 �io;^« x¢? ev'� k�� .�.,r:- k s� v `Y i :�,,.��..,,,.,j, ,a�', i. ',q'' r,�,.y z..:, ��:N:<,.; �,y �,�5 i �r r.� s� n. ,.a f a, z �2�'- x l. �..�".°'a. a. <,s=. j: a a. -"'�a�., �..x.. e �'��i,. c.��..w ,.,'s „tx a, e. �:�.b. .,.��3'4 sI�' r s� s ry N F r, ��`In�P��r w.. a :R�? y "�t� .;L�7� �C�J�i i�r�. a z �,g'� ��1',.� ��s� y a a z u w e d u .�'�X i r Xerxes Avenue, LLC 1 Bidg 2 Disturbing Peace, 1 Theft per 12-913 5211 Xerxes Ave N 12 Units Initial Chad lohnson (.25 cfs) OK OK 6837 Beard Ave N �Single Family Initial IRyan Meyer �None per 12-911 Ordinance OK OK 6807 Humboldt Ave N C304 �Single Family Initial �Raymond Charest �None per 12-911 Ordinance OK OK 6813 Humboldt Ave N 6202 �Single Family Initial �Raymond Charest �None per 12-911 Ordinance OK OK 6819 Humboldt Ave N A104 �Single Family Initial �William Lind �None per 12-911 Ordinance OK OK 3112 Quarles Rd ISingle Family Initial (Cha Lee �None per 12-911 Ordinance OK I OK Brookside Manor Apts 5 Bldg 4 Burglary, 1 Damage, 7 Disturbing 1300 67th Ave N 90 Units Renewal Anda Construction Peace per 12-913 (.13 cfs) OK OK 5347-53 Brooklyn Blvd �Multi Family (2) Renewal �Randall Cook �None per 12-911 Ordinance OK OK 5316-20 Russell Ave N IMulti Family (2) Renewal �Daniel Hedlund �None per 12-911 Ordinance OK OK 5337 70th Cir �Single Family Renewal �Gary Bistodeau �None per 12-911 Ordinance OK OK 6618 Colfax Ave N �Single Family Renewal �Momolu Florence Kpakelipaye �None per 12-911 Ordinance OK OK 5906 Dupont Ave N �Single Family Renewal �Bruce Goldberg �2 Disturbace per 12-911 Ordinance OK OK City Council Agenda Item 1'��. 9a Council Item Memorandum T0: Curt Boganey, City Manager �ROM: Gary ]Eite1, Carnmunity Development Directc�r DATE: November 18, 2008 SUBJECT: An Ordinance Amending Chapter 23 of the City Ordinances Regarding the Sale of Motor Vehicles and an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Sale of Motor Vehicles Recommendation: It is recommended that the City Council, following public hearing, adopt the above two ordinance amendments relating to the sale of motor vehicles in the City of Brooklyn Center. $ackground: On the November 24, 2008 City Council Agenda is a second reading and public hearing for ordinances amending Chapters 23 and 35 relating to licensing and zoning ordinance provisions regarding the sale of motor vehicles within the City of Brooklyn Center. These two matters were first read on October 27, 2008, published in the official city newspaper on November 6, 2008 and if adopted, would become effective on January 3, 2009. The Planning Commission at its meeting on October 30, 2008 reviewed the proposed zoning ordinance amendment [Chapter 35) and offered no objections to its adoption. Budget Issues: There are no budget issues. I COUNCIL (TEM MEMC�RANDUII/I TO: Curt Boganey, City Manager FROM: Gary Eitel, Community Development Director DATE: Qctober 22, 2008 SUBJECT: An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Sale of Motor Vehicles. RECOMMENDATION: It is recommended that the City Council, following the public hearing, adopt an ordinance amending Chapter 35 of the City Code of Ordinances Regarding the Sale of Motor Vehicles. Backgrou:ndA At the October 13, 2008, City Council Work Session there was a discussion on the regulations O pertaining to the licensing of new and used car dealerships and the current zoning of these types of land uses within the C2 Commerce District as Special Uses. The consensus of the Council was to proceed with two ordinance amendments which seek to strengthen the integrity of the City's Code, reduce the risk of potential legal challenges, and promate productive land uses i An Ordinance amendment to Chapter 23 of the City Codes relating to the application h' les deletin the re uirements requirements for licensing Sale of Motor Ve ic g q associated with a building to land value ratio as determined by the City Assessor) An Ordinance amendment to Chapter 35 of the City Codes by adding minimum standards not less than 3 acre lot size and not less than 15% building coverage) for rr the Special Use The Sale of Motor Vehicles at Retail within the C2 Commerce District. Attached for your reference is a copy of the staff memo prepared for the October 13 City Counci( Meeting. This ordinance amendment adds minimum standards to the Special Use provisions of Chapter 35-322, Para. 3(e) relating ta The Sale of Motor Vehicles at RetaiL Bud et Issues: There are no budget issues. g CITY OF BROOKLYN CENTER da of November 2008 at Notice is hereby given that a public hearing will be held on the 24 y Hall 6301 Shin le Creek 7:00 .m. or as soon therea.fter as the matter may be heard at the City g P es of the C i Code of Ordinanc Parkway, to consider an Ordmance Amencl�ng Chapter 35 ty Regarding the Sale of Motor Vehicles. Auxiiiary aids for persons with �isabilities are available upon request at least 96 hours in a�ivance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE A,MENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE SALE OF MOTOR VEHICLES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section l. Section 35-322 of the Brooklyn Center City Code of Ordinances is i hereby amended as follows: A. Section 35-322. C2 CO1�iIlv1ERCE DISTRICT 3. Snecial Uses e. The sale of motor vehicles at retail provided the u.se is conducted on at. least a three (31 acre narcel of land containin� a structure or structures, a'nimum of fifteen �ercent (15%1 of sa.id parcel of land. I occunvin� mi Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of 2008. Mayor ATTEST: I City Clerk Date of Publication Effective Date I (Strikeouts indicate matter to be deleted, underline indicates new matter.) MEMORANDUM COUNCIL WQRK SESSIQN QATE: October 13, 2008 T0: Curt Boganey, City Manager FROM: _Gary.EitQl, Gom.munt Develo ment Director__- �tY P SUBJECT: Amendments relating to the issuance of MOTOR VEH[CLE DEALER LICENSES. COUNCIL ACTlON REQUIRED: A mation to authorize staff to proceed with the following amendments: An Ordinance Amending Chapter 23 of the City Code of Ordinances Regarding the Sate of Motor Vehicles. Application requirements for C"ity License Deletion of Building/Land Assessed Valuation Ratio). Ah �Ordinance Amendment to Section 35-322, Para 3(a) Speciai Uses—the sale of motor vehicles at retaii (minimum lot size and minimum building caverage). BACKGROUND INFORMATION: The Zoning Ordinance presentfy aliows the sale of motvr vehicles at retail as a Special Use within the C2 COMMERCE DISTRtCT (Section 35-322, Para. 3— e). Section 35-220, SPECIAL USE PERMITS, de�nes the Procedures, Standards for Special Use Permits, Conditions and Restrictions, Resubmission, Revocation and Extension of Special Use Permits. The 5pecial llse Permit application process includes a public hearing before the Planning Commission and approval by the City Council which may include conditions, and restrictions upon the estabiishment, location, construction, maintenance, and operation of the special use as deemed necessaryforthe protectian of the public interest and to secure compliance with requirements specified in the ordinances. Also, Chapter 23, General Licensing Regulations, addresses the licensing associated with "SALE OF MOTOR VEHNICLES". Sectian 23-12Q2, license Reauired, states that no person shall be engaged in the business of buying, seAing, displaying, or offering for sale new or used mator vehicles at any place of business without first obtaining an appropriate license as required underthis ordinance. The licensing regulatians defines mator vehicles into two classes I Class A applies to cars (any new or used automobile ar truck) Class B appiies to motorcycles and any ather type of land vehicie prapelled by a motor ather than cars. Section 23-1204, CONDtT10NS 1N. OF AIVD FOR MOTOR VEHICLE DEALER LICENSES, states that no mator vefiicle deale�'s ticense.shati_be issued..except under the following canditians:-- a� No Class A motor vehicie dealer license.shal! be issued to any person who does not possess and operate under a new car franchise or contract in and for the City of Brooklyn Center, except that such license may be issued to any person not operating under such new car franchise if such licensee operates and maintains in Brooklyn Center an enclosed garage, showroom, or ati�er car display or rentat structure an the land which structure shall have a true and full City Assessor's vatue equal ta at feast twice the true and full value of tand used by such licensee in the sale af new and used cars. b) Every Ciass A Licensee shall provide, operate, and maintain in the City of Brooklyn Center at I least one equipped and manned repair shop or facility capable of repairing the motors, engines, ment of an motor vehicle so{d by such__. brakes, l�ghts, tires, eiectrical and ather eperat�ng eq��p y dealer. c) No motar vehicle dealer license of any class shall be issued for any place or business which is not zoned therefore. mises for ail motor i ient arkin s aces on licensee s pre I rovide suff'c nsee shaN g P d) Each lice p p. vehicles repaired and processed by such licensee. e) The appiicant for any license required under this ordinance shall file an application for plan approval with the Secretary of the Braoklyn Center Planning Commission. Such application shall be accompanied by a detailed map, plat or drawing of the place of business, for which such license is to be issues showing among other information the following: address, location, and dimension5 thereof; location, type, and dimensions of any building, fence, and lighting equipment thereof; the intended pian of aq vehicle parking; the �location and dimension of processed car storage space; all curb openings; I n• and ai! driveways and aifeyways therein and thereo uch tace of vin on s e and a g P a certificate by the Gty Engineer approvmg the dramag p business. (Unless change5 are thereafter made, the same plan or map and other information need not be resubmitted for any renewal� The payment of the fees hereinafter set forth; g) The apprvval and filing of the bond as hereinafter set forth for Class A licenses; h) The obedience to all of the other conditions and provisions, governing such business or operation set forth in this ordinance, ather ordinances of Broaklyn Center, and the laws of the State of Minnesata. An issue with Sectian 23-1204 (aj is that the City Assessar has indicated that assessing practices have weighed the assessed valuation of sates lots on the land and not an the b�itdings. This issue can be resolved by defeting the buiiding to land valuation standard from the {icensing applicatian and adding a minimum lot size af 2 acres and minimum buiiding coverage of 15! to the Specia) Use pra�ision of the C 2 Zoning District. l'he City recently approved the Luther Auto PUD proposals which included the fol{owing: Lot Area Bld�. Covera�e Buick, GMC, Pantiac 2.15 acres 21.54 Chevrolet 8.55 acres 16.07 Honda (new) 8.17 acres 15.3 Toyota 8.29 acres 16.4 Other dealerships within the City include: Mitsubishi Mazda approx 5 10.55 (usable acres} Handa (existing) 5.03 acres 20. Farmer Chrysler Dealership 5.13 acres 12.82 With the exception of the existing Honda Dealership, all sites have been approved as part of PUD applications which include.C'ity Council Resolutions with conditions and considerations for the development and use of each site. Council Policv Issues: The changes to the ficensing appiication and use of a consistent measurable standard, such as minimum lot size and minimum lot coverage provides equal standards for new and used car dea{erships, while maintaining the intent of productive land uses which enhance the City's tax base. tt strengthens the +ntegrity af the Cit�s ordinance and reduces risk af potential legal challenges. Attachments: Chapter 23 —1200 Sale of Motor Vehicles Chapter 35-322 C2 Commerce District Draft Amendment to Chapter 23 SALE OF MOTOR VE.HICLES Section 23-1201. DEFIlVITIONS. As used in the Qrdinance, the following terms shall mean: a. Caz. Any new or used automobile �r truck. b. Dealer in Motar Vehicles. Any person, firin, ar corporation, together with any subsidiary or branch thereof engaged in the business of buying, selling, displaying or offering for sale new or used motor vehicles as a principal business ar occupation. The dealer in motor vehicles will also be referred to herein as "dealer" or "licensee". c. Motor Vehicle. For the p.urpose of this ordinance motor vehicles shall be of the two following classes: L Class A will apply to cars; 2. Class B will apply to and mean motorcycles and any other type of land vehicle propelled by a motor other than cars. d. "Executive", "Official", "House Car" or "Demo�strator". These terms shall apply only to aay motor vehicles which have actually been used by either a bona fide official or representative of the manufacturer or by the dealer making the sale offer and which have never been sold to a member of the public. City of Brooklyn Center 23-4�5 City Ordinance e. Sale. e te "sale" is defined and is deemed to have taken �lace onl when the Th rm. P Y dealar and the customer have agreed, in writing, on at least all of the follawing elements: 1. The make, model, type and yeaz of the manufacture af motor vehicle intended the customer includin the a d date of tQ :be s+�ld-to and purchased by g delivery to the customer. 2. The net purchase price to be paid therefore by the customer f.o.b. Brooklyn Center, i.ncluding any amount allowed for a trade-in. 3. A.mount of down payment, if any. 4. The cost of additional repairing, servicing or parts, if any. Section 23-1202. LICENSE REQUIRED. No person shall be engaged in the business of buying, selling, displaying or offering for sale new or used motor vehicles at any place of business without first obtaining an appropriate license as required under this ordinance. li hed lace SES. Each licens e shall have an esta.b s 2- 3: EPARA'TB I:,ICEN P Secaon 3120 5 of business, and each license shall authorize business at only the design.ated premises. If a licensee has more than one place of business, a separate license is required for each. Section 23-1204. CONDTTIONS IN, OF A1�iD FOR MOTOR VEHICLE DEALER LICENSES. No motor vehicle dealer's license shall be issued except under the following conditions: a. No Class A motor vehicle dealer license shall be issued to any person who does not possess and operate under a new car franchise or contract in and far the City of Brooklyn Center, except that such license may be issued to any person not operating under such new car franchise if such licensee operates and maintains in Brooklyn Center an enclosed. garage, showroom or other car display ar rental structure on the land, which structure shall have a true and full City Assessor's value equal to at least twice the true and full value of land used by such licensee in the sale of new and used cars. b. Every Class A licensee shall provide, opera.te a.nd maintain in the City of Brookl}m Center at least one equipped and manned repair shop or facility capable of repairing the motors, engines, brakes, lights, tires, electrical and other operating equipment of any motor vehicle sold by such dealer. c. No motor vehicle dealer license of any class shall be issued for any place or business which is not zoned therefore. City of Brooklyn Center 23-46 City Ordinance I d. Each licensee shall provide sufficient parking sgace on licensee s prem.ises for all mator veiucles repaired or processed by such licensee. e. The applicant for any license required under this ordinance shall file an application i the Secret of the Brookl Center Planning Commission. va1 w th Yr► for lan a ra �Y P PP m anied b a detailed ma glat or drawing of the place:- a cat�on shall be acco y P Such h P PP er information, of business for which such hcense is to be issued showing among oth the address, location and di.mensions thereof; the location, type and dimensions of any building, fence, and lighting equipment thereon; the intended plan af all vehicle parking, the location and dimensions of processed caz storage space; all curb openings; all driveways and alleyways therein and thereon; and a certificate by the City Engineer approving the drainage and paving on such place of business. Unless changes are thereafter made, the same plan or map and other information need not be resubmitted for any renewal. f. The payment of the fees hereinafter set forth. as hereinafter set forth fo r Cl ass A licenses. The a roval and filing of the bond g• PP h. The abedience to all of the other conditions and pravisions, governing such business or operatian set forth in this ordinance, other ordinances of Srooklyn Center, and the laws of the State of Minnesota. Sectian 23-1205. APPLICATION FOR LICENSE. The application for any license all be made iir writin and signed by the applicant on forms provided by the City h ereunder sh g ci al Clerk which a lication shall show, among other information, the names, residence or prin p PP ames hi the n place of business and age or ages of all mdividual apphcants; if a partners p, addresses and ages of all partners; if a corporation, the names and addresses of all the officers and stockhQlders thereof; proof af the franchise authorizing the licensee to sell new cars in i Brooklyn Center, or proof of the true and full Cie a S� v� e of caz di play land all as set I structure in Brooklyn Center as compared to the tru forth in Section 23-i204 (a) herein; the business or occupation and residence addresses of the applicant far a period of three years immediately prior to the date of such application, including all partners, officers, or stockholders; any previous insolvency or bankruptcy of any applicant; and such other pertinent, relevant or material information as the City may from time t� time require. All applicatians for such licenses shall be accompanied by the information described in Sections 4 and 5 of this ordinance. Section 23-1206. LICENSE FEES. The fee far a Class A license shall be as set forth by City Cauncil resolution. The fee for a Class B license shall be as set forth by City Council resolution. Ci Ordinance City af Brooklyn Center 23-4� rY Sectian 23-1207. EXPIR.ATTON DATE. All licenses issued under this ordinance shall expire an Apri130 af each year. Section 23-1208. TR.ANSFER OF LICENSES. Licenses hereunder may not be transferred from person to person or from place to place. Sectian 23-1209. STATE LICENS�S REQUIRED. No license shall be issued to deal in motor vehicles unless the applicant is licensed under the appropriate Minnesota. Statutes to do so. Section 23-1210. COUNCIL ALITHORITY. The City Council may grant, deny, suspend, or revoke any license under this ordinance, but any suspension or revocation shall be preceded by a hearing before the Council with not less than three (3) days notice thereof to the applicant or licensee. Section 23-1211. BOND REQUIRED. Each application for a Class A license shall be accompanied by a bond in the sum of $5,000 which shall run to the Ciry of Brooklyn Center for the benefit of any person, firm or corporation who shall sustain any injury covered by the band. The bond shall be conditioned that the principal will indemnify any and all persons, firms or corporatic�ns for any direct ioss suffered because of dishanesry, misrepresentation or fraud on the part of the principal in the substitution of a motor vehicle or parts thereof for the one selected by the purchaser; failure through dishonesty or fraud to deli�er a clear title to those legally entitled i thereto; any misappropriation of monies or praperties belonging to a purchaser being made in payment of a motor vehicle sold by the principal; altera.tion of a motor vehicle, its license plate or serial number on the part of the principal or with his knowledge so as to deceive the purchaser as to the yeaz or model of any motor vehicle sold; or the violation of any of the provisions of this ordi.nance. Any persan, firm or corporation who sustains an injury covered by this bond may in addition to any other remedy that he may have, bri.ng an action in his own name upon the bond and against the surety for the recovery of any damage sustained by him. Each licensee need file only one bond regardless of the number of licenses held. Section 23-1212. DELIVERY. At the time of delivery the dealer shall furnish to the customer a written copy of the invoice, canditional sales contract, chattel martgage, order, or other writing containing the following information, if applicable: a. Cost of insurance, if any, and description of the exact coverage of such insarance. If such insurance does not include property damage or liability insurance, a statement to this effect shall be prominendy stated on such document or documei�ts. b. Cost of additional repairing, servicing or parts. City of Brooklyn Center 23-48 City Ordinance c. Exact cost of time price differential, urcluding the exact amount ar amaunts, of the monthly installments, the number of such instatlments and the total time balance. d. Cost of motor vehicle license to be added. ee Th� amount of down gayinent. f. The final net purchase price to be paid therefore by the customer f.o.b. Brooklyn Center, including any amount allowed. for a trade-in. Section 23-1213. REGISTR.ATI�N. Tlie registration of tide card ar bill of sale for any car sold shall be forwarded by the dealer to the Secretary of the State of Minnesota not later than fourteen (14) days after the date of the sale. No dealer shall reeeive and refuse to return to the owner any registration or title card for the purpose of compelling the owner of such card to purchase a motor vehicle from the dealer unless such dealer is ready, willing and able to comply with the terms of the contract or agreement for the sale of tl�e motar vehicle. 5ection 23-1214. SALES AWAY FROM PLACE OF BUSII�TESS. No dealer esr salesman or employee af such dealer shall advertise any motor vehicle as being sold by the owner thereof at the vwner's home or re�idenee if such motor vehicle is actually owned by or consigned to_ the licensee and sold as part of his business. No licensee shall use any public street, premises or a1ley in the City for the storage of motor vehicles. Section 23-1215. MORTGAGES OR LIENS. If any licensee shall lrnowingly sell a motqr vehicle which is subj ect to a mortgage, lien, ar payments, the lieensee shall furnish a statement in writing to the purchaser definitely stating the amount of such mortgage, lien or gayments, and the name and address of the holder or owner of such mortgage, lien or other indebtedness. If the licensee shall lmowingly fail to furnish such information, any such mortgage, lien or payments shall be paid by the licensee. Section 23-1216. SPEEDOMETER TANIPERING. No licensee or agent of such Iicensee shall fraudulently change, set back, or disconnect, or fail to connect, or cause to be changed, set back, discannected, or cause the failure to connect any speedometer af any used motor vehicle for the purpose of affecting the sale of such used motor vehicle. Provided., however, it shall not be unlawfal far a licensee or his agent to offer a used motor vehicle far sale with the speedometer readi.ng thereon turned back to zero. Section 23-1217. BLANK CONTRACTS. No licensee shall obtain the signature of a purchaser an any blank sales or purchase contract, order, conditional sales coniract, chattel or other mortgage, note or other writing or memorandum relating to the sale of any motor vehicle, except for the financing statement, or like document, required under the Uniform Commercial Code. City of Brooklyn Center 23-49 City Ordinance Section 23-121 S. SALES AS AGENT. The provisians of this ordinance shall apply to all sales made by a licensee irrespective of whether or not the motor vehicle sold or advertised for sale is owned by such licensee �r whether he is acting as an agent or consignee for the owner. Section 23-1219. MOTOR VEHICLE LOTS C�NDTTIONED. All outdoor parking lots, car lots, mator vehicle lot.�-�r any sr�a used for the put�ose rsf t]:isQlaying for sale motor v�hicles shall be constructed, maintai.ned, illuminated as set forth in the Brooklyn Center Zoning Ordinance. I Section 23-1220. RECORDS OF SALES. Recorcts of all purchases and sales shall be kept by the Licensed dealer describing each vehicle purchased and sold by reference to serial number and State license number and date of each transaction, and such records shall be available for eXamination by the City Manager, City Manager's designee, and such other agents as may be designated by the City Council. Section 23-1221. LICENSE CERTI�TCATE T� SE DISPLAYED. Licensees hereunder shall prominently display in their showroom, or in the event of no showroom, in the room or area e ummated with the ublic each license c ertificate issu ed where negotiations and sales ar cons p hereunder. Section 23-1222. PENALTY. Any person violating the tern�s of this ordinance shall, upon conviction thereof, be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days or both together with the costs of grosecution. Any violation nf this ordinance shall, in addition to other penalties, be grounds far revocatian of license. REGULATIONS FOR SALE OF CHRISTNiAS TREES. Section 23-1301. LICENSE REQUIRED. No persan, firm or corporation shall engage in the business of selling Christmas trees in the City of Broaklyn Center without first applying for and receiving a license as hereafter provided. Sectian 23-1302. APPLICATION. The application for license for selling Christmas tt�ees shall'be made to the Gity Clerk and shall be accompanied by a seasonal fee as set forth by City Council resolurion. The license will expire on January 5 of the yeaz following its issuance. A separate license shaII be required for each place of sale. Section 23-1303. DEPOSTT. A sum of $100 i.n cash or cashier's check shall be deposited with the City Clerk at the time of application to insure that the site of sale shall be cleaned and cleared of Christmas trees and ail other debris and materials relati.ng to the business. Itshall be the duty of the City Manager to determine wtiether the site of sale is properly cleaned and cleazed. If the site of sale is not cleaned and cleared by 7anuary 5 of the yeaz following the issuance of the license, the deposit shall be forfeited to the City to defray the expenses af the City in cleaning and clearing the said site of sale. City of Brooklyn C�nter 23-50 City Ordinance 'r_-'� -��:�........c<rn r y "-v Section 35-322. C2 COMIvLERCE DISTRICT. 1. Petmitted Uses a. The retail sale of food. b. Eating establishments, provided they do not offer live entertainment and further prov�ded that the category does not permit drive-in eating places and convenience-f�od restaurants. c. The follo�+ving uses: 1) The retail sale af heating and plumbing equipment, paint, glass, and wallpaper, electrical supplies, and building supplies. 2) The retail sale of tires, batteries and automobile accessories and marine craft accessories. 3) The retail sales of apparet and related accessories. 4) The retail sale of fumiture, hame furnishings and related equipment. 5) The retail sale of miscellaneous items such as the following: Drugs and progrietary item� Liquors Antiques and secondhand merchandise Books and stationery Garden supplies lewel .ry Ftowers and floral accessories Cigars and cigarettes Newspapers and magazines Gameras and photographic supgties Gifts, novelties and souvenirs pets Optical goods Sporting goods and bicycles d. Service/ofFce uses described in Subsection l(b) through 1(u), Subsection 1(w), and Subsection 3(c) of Section 3�-320. e. The following repair/service uses: 1) Electrical repair service shops. 2) Hausehold appliances, electrical supplies, heating and plumbing equipment 3) Radio and television repair service shops. mber 3 Z005 City of Brooklyn Center 35-35' Dece 4) Planned and d.esigned to assure that generated traffic will be witbin the capacity of available public faci�ities and wi].l not have an adverse impact upon those facilities, tl�e immediate neighborhood, ar the comm.unity. 5). Traffic generated by other uses on the site will n�t pose a danger to childr�n s�rved-by the day care use. and fiirther provided that the special requiremen.ts set forth in Section 35-411 are adhered to. c. Instructional �.ses for art, music, photography, decorating, dancing and the like and studios for like activity. d. Nonresidential educa.tional uses including Area Learrzing Centers (ALC), post secondary schools, business schools, tra.de schools and the like, but excluding� public and private elementary and secondary schools (K-12)_ 5ection 35-321. ClA SERVICE/OFFICE DISTRICT. 1. Permitted Uses (No height limitation) a. All of the perm.itted uses set forth in Section 35-320 shall be permitted in a building or establishment in the ClA district. b. Transient Lodging arid Associated Uses. 2. Svecial Reguirements a. See Section 35-411 of these ordinances. 3. Snecial Uses a� t�ccessory off-site parking not located on the same properry with the principal use, subject to the provisions of Section 35-701 b. AlI of the special uses set forth in Section 35-320 shall be allowed by special use permit in the C1A distric� Section 35-322. C2 COMIv�RCE DISTRICT. l. Permitted Uses a. The retail sale of food. City ofBrooklyn Center 35-34 O1/19/08 b. Eating establishments, provided th�y do nat offer live entertainment and further provided that the category does not permit drive-in eating places and convemence-food restaurants. c. The following uses: l} The retail sale of heating and plumbing equipment, paint, glass, and wallpaper electrical sugplies, and building supplies. 2) The retail sale of tires, batteries and automabile accessories and marine craft accessories. 3) The retail sales of apparel and related accessaries. 4) The retail sale of fumiture, home furnishings and related equipment. 5) The retail saIe of miscellaneous items such as the following: Drags and proprietary items Liquors Antiques and secondhand mercliandise Books and stationery Garden supglies Jewelry Flowers and floral accessories Cigars and cigarettes Newspapers and magazines Cameras and photographic supplies Gifts, novelties and souvenir� Pets Optical goods Sporting goads and bicycles d. Service/office uses described in Subsection 1{b) through 1(u), Subsectian 1(w), and Subsection 3(c) of 5ectian 35-320. e. The following repair/service uses: I 1) Electrical repair service shops. 2) Household appliances, electrical supplies, heating and plumbing equipmen� 3) Ra.dio and television repair service shops. City ofBroaklyn Center 35-35 December.3, ZDOS 4) Watch, clock and jewelry repair service shops. 5) Reupholstery and furniture repair shops. 6) Launderirig, dry cleaning and d�eing. 7) Equipmen� rental and leasing services. f. The following medical a.nd health uses: 1} Hosgitals, not including animal hospitals. 2) Medicallaboratories. 3} Dentallaboratories. 4) Nursiug care homes, (at not more than. 50 beds per acre), provided that these institutions shall where required by state law, or regulation or by municipal ordinance, be licens�d by the appropriate state or municipal authority. g. The following contract/construction uses: 1) Buildin.g construction contractors' offices. 2) Plumbing, heating and air conditioni.ng contractors' offices. 3) Painting, paper hanging and decoratin.g contractors' offices. i 4) Masonry, stone work, tile setting and glastering contractors' o�ices. r 5) Carpentering and wood flooring contractors' offices. 6) Roofing and sheet metal contractors' offices. 7) Concrete contractors' offices. 8) Water well drilling contractors' offices. h. Nonresidential educational uses including Area. Learning Centers (ALC), post secondary schools, business schools, trade schools and the like, but excluding pubiic and private elementary and secondary schools (K-12}. I i� City ofBrooklyn Center 35=36 Ol/19/08 ccesso uses incidental to the foregoing grincipal uses when located an i. A ry the same praperty with the use to which it is accessory. Such accessory uses to include but not be restricted to the folIo�ving: 1) Offstreet parking and offstreet loading. 2) Signs as pennitted in the Brooklyn Ce�ter Sign Orduiance. 3) Outside display and sale of inerchandise provided that an administrative permit is first obtained pursuant to Section 35-800 of these ordinances. j. Other uses similar in nature to the aforementioned uses, as detemuned by the City Council. k Drop-in child care centers licensed 1iy the Minnesota Department of Public Welfare pursuant ta a valid license application, provided that a copy of said license and application shall be submitted annually to the City. 2. Svecial. Reouirements a. See Section 35-412 of these ordinances. 3. Svecial �Jses a. Gasoline service stations (see Section 35-414), motor vehicle repair and auto washes provided they do not abut sn Rl, R2, or R3 district, including abutment at a street line; trailer rental in con}unction with these uses, provided that there is adequate trailer parking space. b. The sale or vending at gasoline service stations of items other than fuels, lubricants or automotive parts and accessories (and other than the vending of soft drinks, candy, cigarettes and other incidental items for the convenience of customers within the principal building) provided adequate parking is available consistent with the Section 35-704, 2(b) and 2(c). c. Drive-in eating establishments and conveiuence-food restaurants provided they do not abut an Rl, R2, or R3 district including abutment at a street line. (However, convenience food restaurants without drive-up facilities and located within the principal structure of a shopping center of over 250,000 sq. ft. of gross floor area shall be considered a permitted use.) City of Brooklyn Center 35-37 December• 3, 2005 COUNCIL tTEM �VlEMORANDUM 'f0: Curt Boganey, City Manager q� FROM: Gary Eitel, Community Development Director �°�3 DATE: October 22, 2008 SUBIECT: An Ordinance Amending Chapter 23 of the City Code of Ordinances Regarding License Requirements for the Sale of Motor Vehicles. (Deleting the Assessed Value Requirement of Building/land Ratio} RECOMMENDATION: It is recommended that the City Council, following the public hearing, adopt an ordinance amending Chapter23 of the Code of Ordinances Regarding �icensing Requirements for the Sale of Motar Vehicles. Background: At the October 13, 2008, City Council Work Session there was a discussion on the regulations pertaining to the licensing of new and used car dealerships and the current zoning of these types of land uses within the C2 Commerce District as Special Uses. The consensus of the Council was to proceed with two ordinance amendments which seek to strengthen the integrity of the City's Code, reduce the risk of potential legal challenges, and promote productive land uses: An Ordinance amendment to Chapter 23 of the City Codes relating to the application requirements for licensing "Sale of Motor Vehicles". (deleting the requirements associated with a building to land value ratio as determined by the City Assessor) An Ordinance amendment to Chapter 35 of the City Codes by adding minimum standards (not less than 3 acre fot size and not less than 15% building coverage) for the Special Use "The Sale of Motor Vehides at Retail" within the C2 Commerce District. Attached for your reference is a copy of the staff memo prepared for the October 13` City Council Meeting. This ardinance amendment deletes the requirement that a licensee not operating under a new car franchise shall have a City Assessor's building value equal to at least twice the value of the land. Additionally, it clarifies that the licensee shall provide, operate, and maintain on its premises in the City of Brooklyn Center an equipped and manned repair shop or facility capable of repairing the motor�, engines, brakes, lights, tires, electri�al and other operating equipment of any motor vehide sold by such dealer. Budget Issues: There are no budget issues. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 20Q8, at 7: 0 0 p. m. a r a s s o o n t h e r e a f t e r a s t h e m a t t e r m a y b e heard at the Ci ty Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 23 of the City Code of Ordinances Regarding The Sale of Motor Vehicles. Auxiliary aids for persong v�ith disabilitaes- are available upon request at least 96 hours in advance. Please conta.ct the City Clerk at 763-569-3300 to make airangements. ORDINANCE NO. AN ORDINANCE AMENDING C`��Al'TER 23 OF TI� CTTY CODE OF ORDINANCES REGARDING TI-� SALE OF MOTOR VEHICLES TI� CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section l. Section 23-1204 of the Brooklyn Center City Code of ordinances is hereby amended as follows: Section 23-1204. CONDITIONS IN, OF AND FOR MOTO R VEHICLE DEALER LICENSES. No motor vehicle dealer's license shall be issued except under the following conditions: a. No Class A motor vehicle dealer license shall be issued to any person who does o erate under a new car franchise or contract in and for the City of not ossess and P P t Brooklyn Center, except that such license may be issued to any p erson no operating under such new car franchise if such licensee operates and maintains on its premises in Brooklyn Center an enclosed re air garage, a showroom or other car display or rental structure on the land, a and meets the zoninff. reQUirements and oerformance standards of the citF� codes. b. Every Class A licensee shall provide, operate and maintain on its nremises in the o„�. ,,,,e City of Broolclyn Center an equipped and manned repair shop or facility capable of repairing the motors, engines, brakes, lights, tires, electrical and other operating equipment of any motor vehicle sold by such dealer. e. ��e-��g�c-a� Everv nremises for which a license is required under this ordinance sha11 have on file an ap�roved application for plan approval with the Secretary of the Brooklyn Center Planning Commission. Such application shall be accampanied by a detailed map, plat or drawing of the place of business for i 1 which such license is ta be issued showing among other information, the address, location and dimensions thereof; the location, type and dimensions of any building, fence, and lighting equipment thereon; the intended plan of all vehicle parking, the location and dimensions of processed car storage space; a11 curb openings; a11 driveways and alleyways therein and thereon; and a certificate by the City Engineer approving the drainage and paving on such place of business: Sec�ion 2. Section 23-1205 of the Brooklyn Center Gity Code of ordinances is hereby amended as follows: Section 23-1205. APPLICATION FOR LICENSE. The applicatidn for any license hereunder shall be made in writing and signed by the applicant on forms provided by the City Clerk, which application shall show, among other information, the names, residence or principal place of business and age or ages of a11 individual applicants; if a partnership, the names, addresses and ages of all partners; if a corporation, the names and addresses of all the off'icers and stockholders thereaf; proof of a dealer's license authorizing the licensee to sell new andlor used cars in Brooklyn Center, �s�se�;'� r� f a' r ��rd-�- as set forth in Section 23-1204 (a and b) herein; the business or occupation and residence addresses of the applicant for a period of three years immediately prior to the date of such application, including all partners, officers, or stockholders; any previous insolvency or bankruptcy of any applicant; and such other pertinent, relevant or material information as the City may from time to time require. All applications for such licenses shall be accompanied by the information described in Sections 4 and 5 of this ordinance. Section 3. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of 2008. Mayar ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) i 2 MEMORANDUM COUNCI! lNORK SESSION bATE: October 13, 2008 T0: Curt Boganey, City Manager FROM: Gary Eitel, Community Development Director SUBJECT: Amendments relating to the issuance of MOTOR VEHiCLE DEALER LICENSES. COUNCIL ACT{ON REQU{RED: A motion to authorize staff to proceed with the following amendments: An Ordinance Amending Chapter 23 af the City Code of Ordinances Regarding the Sale af Motor Vehicles. Ap�licatian requirements for C'ity ticense Deletion of Buiiding/Land Assessed Valuation Ratio). An Ordinance Amendment to 5ection 35-322, Para 3(a) Special t�ses the sate of motor vehicles at retail (minimum lot size and minimum building coveragej. BACKGROUND INFORMATION: The Zoning Ordinance presently ailows the sale of motor vehicles at retail as a Special Use within the C2 COMMERCE DISTRICT (Section 35-322, Para. 3— e}. Section 35-220, SPECIAL USE PERMITS, defines the Procedures, Standards for Special Use Permits, Conditions and Restrictions, Resubmission, Revocation and Extension of Special Use Permits. The 5pecial Use Permit appiication process includes a public hearing before the Planning Commission and approval by the C'�ty Council which may include conditions, and restrictions upon the establishment, location, canstruction, maintenance, and operation of the special use as deemed necessary for the protectian of the public interest and to secure compiiance with requirements speci�ed in the ordinances. Also, Chapter 23, General Licensing Regulations, addresses the licensing associated with "SALE OF MOTOR VEHHICLES Section 23-1202, License Reouired, states that no person shall be engaged in the business of buying, selling, displaying, or offering forsale new or used motor vehicles at any place of business without first obtaining an appropriate �icense as req�ired under this ordinance. The licensing regulations defines mator vehicles into two classes: Class A appiies to cars (any new or used automobile ar truck) Class B appiies to motorcycles and any ather type of land vehicle propelled by a motor ather than cars. Section 23-1204, CORiDfTfONS IN. OF AND FOR MOTOR VEHICLE DEALER LICENSES, states that no mo#or vehicle dealec's Iicense shall be issued except u�der th� fiollowing conditions: a) No Class A mator vehicie dealer license shall be issued to any person who does not possess and operate under a new car franchise or contract in and for the City of Brooklyn Center, except that such license may be issued ta any person not operating under such new car franchise if such licensee operates and maintains in Brooklyn Center an enclosed garage, showroom, or other car display or rental structure on the land which strwcture shatl have a true and full City Assessnr's value equal to at least twice the true and full value of land used by such licensee in the sale af new and used cars. b) Every Class A Licensee shall provide, operate, and maintain in the City of.Brooklyn Center at least one equipped and manned repair shop or facility capabie of repairing the .motors, engines, brakes, (ights, ti� es, electrical and other operating equipment af any motor vehicfe sold by such dealer. c) No motor vehicie dealer license of any class shall be issued for any piace or business which is not zoned therefore. d� Each licensee shall provide sufFicient parking spaces on licensee's premises for all motor vehicles repaired and processed by such licensee. e) The applicant for any license required under this ordinance shail file an application for plan approval with the Secretary of the Brooklyn Center Planning Commission. Such application shall be accompanied by a detailed map, plat or drawing of the place of business, for which suc�i license is to be issues showing among other information the fol{owing: address, location, and dimensions thereof; location, type, and dimensions of any building, fence, and lighting equipment thereof; the intended plan of all vehicle parking; the location and dimension of processed car storage space; all curb openings; all driveways and alleyways therein and thereon; and a certificate by the City Engineer approving the drainage and paving on such place of business. (Unless changes are thereafter made, the same plan or map and other information need not be resubmitted for any renewal) fl The payment of the fees hereinafter set forth; g) The approval and fiting af the bond as hereinafter set forth for Cfass A licenses; h� The abedience to atf of the other conditions and provisions, governing such business or operation set forth in this ordinance, other ordinances of Brooklyn Center, and the laws of the State af Minnesota. An issue with Section 23-12�4 (a) is that the City Assessor has indicated that assessing practices have weighed the assessed valuation of sales lots an the tand and not on the buildings. This issue can be resolved by deleting the building to land.valuation standard from the licensing application and adding a minimum lot size of 2 acres and minimum building coverage of 15% to the Specia) Use provision of the C 2 Zaning District. The City recently appraved the Luther Auto PUD proposals which included the following: Lot Area Bide. Covera�e Buick, GMC, Pontiac 2.15 acres 21.54 Chevrolet 8.55 acres 16.07 Honda (new) 8.17 acres 15•3 .Toyota 8.29 acres 16.4 Other deaierships within the City include: Mitsubishi Mazda approx 5 10.55 (usable acres) Honda (existing) 5.03 acres 20. /a Former Chrysler Dea{ership 5.13 acres 12-82 With the exception of the existing Honda Dealership, a(I sites have been approved as part of PUD applications which include City Council Resolutions with conditions and considerations for the development and use of each site. Counci( Policv Issues The changes to the {icensing application and use of a consistent measurable standard, such as minimum lot size and minimum lot coverage provides equal standards for new and used car dea{erships, while maintaining the intent of productive land uses which enhance the C'rty's tax base. It strengthens the integrity of the City's ordinance and reduces risk of potential lega! chatlenges. Attachments: Chapter 23 —1200 Sale of Motor Vehicles, Chapter 35-322 C2 Commerce District Draft Amendment to Chapter 23 SALE OF MOTOR VEI-�GLES Section 23-1201. DEFTNTTIONS. As used in the ordinance, the following terms shall mean: a. Car. Any new or used automobile or truck. b. Dealer in Mator Vehicles. Any person, firm, or corpora�ion, together with any subsidiary or branch thereof engaged in the business of buying, selling, displaying ar offering for sale new or used motor vehicles as a grin.cipal business or occupation. The dealer in motor vehicles will also be referred to herein as "dealer" or "licensee". c. Motor Vehicle. For the purpose of this ordinance motor vehicles shallbe of the two following classes: 1. Class A will apply to cars; 2. Class B will apply to and mean motorcycles arid any other type of land vehicle propelled by a motor other than cars. d. "Fxecutive", "Official", "House Car" or 'Demonstrator". These terms shall apply only to any motor vehicles which have actually been used by either a bona fide official or representative of the manufacturer or by the dealer making the sale offer an.d which have never been sold to a member of the public. City of Brooklyn Center 23-45 City Ordinance n. e. Sale. The term sale is defned and is deemed to have taken glace only when the dealer and the customer have agreed, in writing, on at least all of the following elements: 1. The make, model, type and year of the ma�ufacture of no.otor vehicle intended to bs sold t� and purchased by the customer, including Yt►e agreed �ate of delivery to the customer. 2. The net purchase price to be paid therefore by the customer f.o.b. Brooklyn Center, including any amount allowed for a trade-in. 3. A.mount of down payment, if any. 4. The cost of addirianal repairing, servicing or parts, if any. Section 23-1202. LICENSE REQUiRED. No person shall be engaged in the business of buying, selling, displaying or offering for sale new or used motor vehicles at any place of business without first obtaining an appropriate license as required under this ordinance. Section 23-Z2a3. SEPARA'I� LICENSES. Each Iicense shall have an esta.blished place of business and each license shall authorize business at only the designated gremises. If a licensee has more than one place of business, a separate license is required for each Section 23-1204. CONDTTIONS IN, OF Ai�ID FOR MOTOR VEHICLE DEALE� LICENSES. No motor vehicle dealer's license shall be issued except under the following canditionc: a. No Class A m�tor vehicle dealer license shall be issued to any person who does not possess and aperate under a new car franchise or contract in and for the City of Brooklyn Center, except that such license ma.y be issued to any person not operating under such new car franchise if such licensee aperates and maintains in Brooklyn Center an enclosed garage, showraom or ather caz display or rental structure an the land, which structure shall have a true and fuli City Assessor's value equal to at least twice the true and full value of land used by such licensee in the sale of new and used cars. b. Every Class A licensee shall provide, operate and maintain in the City of Brooklyn Center at least one equipped and manned repair shop or facility capable of repairing the motors, engines, brakes, lights, tires, electrical and other operating equipment of any motor vehicle sold by such dealer. c, No motor vehicle dealer license of any class shall be issued for any place or business which is not zoned therefore. I City of Brooklyn Center 23-46 City Ordinance I d. Each licensee shall provide sufficient parking space on licensee's premises far all mator vehicles repaired or processed by such licensee. e. The applicant for any license required under this ordinance shall file an application for plan approval with the Secretary of the Brooklyn Center Planning Commissian. Such appli�afiio�r sha11 be accompanied by a cietailed-�ap; Flst or dra.wing af the place of business far which such license is to be issued showing am.ong other information, the address, locati on and dimensions thereof; the location, type and dimensions of any building, fence, and lighting equipment thereon; the intended plan of all vehicle parking, the location and dimensions of processed car storage space; alI curb openings; all driveways and alleyways therein and thereon; and a certificate by the City Engineer approving the drainage and paving on such place of business. Unless changes are thereafter made, the same plan or map and other infarmation need not be resubmitted for any renewal. f. The payment of the fees hereinafter set forth. g. The approval and filing of the band as hereinafter set forth for Class A licenses. h. The obedience to all of the other conditions and provisians, governing such business or operation set forth in this orclinance, other ordinances of Braoklyn Center, and the laws of the Sta.te �f Minnesota. Section 23-1205. APPLICATION FOR LICENSE. The application for any license hereunder shall be made in writing and signed by the applicant on forms provided by the City Clerk, which application shall show, among other information, the names, residence or principal place of business and age ar ages of all individual applicants; if a partnerstuP� th� names, addresses and ages of all partners; if a corporation, the names and addresses of all the officers and stockholders thereof; proof of the franchise authorizing the licensee to sell new cars in Brooklyn Center, or proof of the true and itill City Assessor's value of showroom or othef structiue in Brooklyn Center as compared to the true and full value of car display land all as set forth in Seetion 23-1204 (a) herein; the business or occupatian and residence addresses of the apglicant far a period of three years immediately prior to the date of such application, including all partners, officers, or stockholders; any previous insolvency or bankruptcy of any applicant; and such other pertinent, relevant or material information as the City may from time to time require. All applicatians for such licenses shall be accompanied by the information described in Sections 4 and 5 of this ordinance. Section 23-1206., LICENSE FEES •'I'he fee for a Class A license shall be as set forth by City Cauncil resolution. The fee for a Class B license shall be as set forth by City Council resolution. 2 City Ordinance Ci a Broaklyn Center �Y f Sectian 23-1207. EXPIR.ATION DATE. AIl licenses issued under this ardinance shall expire an Apri130 af each year. Section 23-1208. TRANSFER OP LICENSES. Licenses hereunder may not be transfened from person to person or from place to place. Section 23-1209. STATE LICENSFS REQUIlZED. No license shall be issued to dea� in motor vehicles unless the applicant is licensed under the apprflpriate Minnesota Statutes to do sa Section 23-1210. COUNCIL AUTHORTTY. The City Council may grant, deny, suspend, or revbke any license under this ordi.nance, but any suspension ar revocation shall be preceded by a hearing before the Council with nat less than three (3) days notice thereof to the applicant or licensee. Section 23-1211. BOND REQUIRID. Each application for a Class A license shall be accampanied by a bond in the sum of $5,000 which sha11 r�n to the City of Brooklyn Center for the benefit of any person, firm or corporation who shall sustain any injury covered by the bond. all be conditioned that the rinci al will indemnify any and a11 persons, firms or The bond sh P P corporations for any direct loss suffered because of dishonesry, misregresentation or fraud on the pait of the principal in the substi.tution of a motor vehicle or parts thereof for the one selected by the purchaser, failure through dishonesry or fraud to deliver a clear title to those legally entitled thereto; any misappropriation of monies or pmperties belonging to a purchaser being made in payment of a motor vehicle sold by the principal; alteration of a motor vehicle, its Iicense plate or serial number on the part of the principal or with his knowledge so as to deceive the purchaser as to the yeaz or model of any motor vehicle sold; or the violation of any of the pro�isions of this i ordinance. Any person, firm or cozporation who sustains an injury covered by this bond may in addition to any other remedy that he may have, bring an action in lvs own name upon the bond and against the surety for the recovery of any damage sustained by him. Fach licensee need file only one bond regardless of the number of licenses held. Section 23-1212. DELIVERY. At the time af delivery the dealer shall furnish to the customer a written copy of the invoice, conditional sales contract, chattel mortgage, order, or omiation if a licable: "tin containin the following mf PP other wn g g a. Cost of insurance, if any, and description of the exact coverage of such insurance. If such insurance does not include property damage or liability insurance, a statement to this effect shall be prominendy stated on such document or documents. b. Cost of additional repairing, servicing or parts. City of Brooklyn Center 23-48 City Ordinance amounts of the c. Exact cost of time price differential, including the exact amount or monthly installments, the number af such installments and the total time balance. d Cost of motor vehicle license to be added e. �I'i�ie amount �f down payment. f. The final net purchase price to be paid therefore by the customer f.o.b. Brooklyn Center, including any amount allowed for a trade in. Section 23-1213. REGISTR.ATION. The registratian of title card or bill of sale far any car sold shall be forwarded by the dealer to the Secretary of the State of Minnesota not later than f�urteen (143 days after the date of the sale. No dealer shall receive and refuse to return to the owner any registration or title card for the purpose of compelling the owner of such card to i purchase a motor vehicle from the dealer unless such dealer is raady, willing and able to comply of the contract ar a ment for the s aIe of the motor vehicle. wrth the terms Section 23-1214. SALES AWAY FROM PLACE �F BUSINFSS. No dealer or salesman or employee of such dealer shall advertise any motor vehicle as being sold by the owner thereof at the awner's home or residence if such motor vehicle is aetually owned by ar consigned to the licensee arid sold as part of his business. No licensee shall use any public street, premises ar alley in the City for the storage of motor vehicles. Section 23-1215. MORTGAGES OR L7ENS. If any licensee shall knowingly sell a motor vehicle which is subject ta a mortgage, lien, or payments, the licensee shall furnish a sta.tement in writing to the purchaser definitely stating the amount of such mortgage, lien or payments, and the name and address of the holder or owner of such mortgage, lien or other indebtedness. If the licensee shall lrnowingly fail to fumish such information, any such martgage, lien ar payments I shall be aid by the licensee. P Section 23-1216. SPF�DOMETER TANIl'ERING. No licensee or agent of such licensee shall fraudulently change, set back, or disconnect, or fail to connect, or cause to be changed, set back, disconnected, or eause the failure to connect any speedometer of any used motor vehicle for the purpose of effecting the sale of such used motor vehicle. Provided, however, it shall not be unlawful for a licensee or his agent to offer a used motor vehicle fos sale with the speedometer reading thereon turned back to zero. Sectian 23-1217. BLANI� CONTR.ACTS. No licensee shall obtain the signature of a purchaser on any blank sales or purchase contract, order, conditional sales contract, chattel or other mortgage, note or other writing or memorandum relati.ng to the sale of any motor vehicle, except for the financing statement, or like document, required under the Unifarm Commercial Code. City af Brooklyn Center 23-49 City Ordinance 5ecti.on 23-121 S. SALES AS AGENT. The provisions of this orclinance shall apply to all sates made by a licensee irrespective of whether or not the motor vehicle sold ar advertised for sale i.s awned by such licensee or whether he is acting as an agent ar consignee far the owner. Section 23-1219. MOTOR V�FiICLE LOTS CONDI'TIONED. All outdoor parking lots, car la�s; motnr vei3ieie or any area used for the purpose af disp�ayi�zg for sale motor v�hicl�s-- shall be constructed, maintained, illuminated as set forth in the Brooklyn Center Zaning Ordi.nance. Section 23-1220. RECORDS OF SAIjES. Records of all purchases and sales shall be kegt by the licensed dealer describing each vehicle purchased and sold by re�erence to serial number and State license number and date of each transaction, and such records shall be available for examination by the City Manager, City Manager's designee, and s.uch other agents as may be designa.ted by the City Council. 5ection 23-1221. LICENSE CERTIFICATE TO BE DISPLAYED. Licensees hereunder shall prominently display in their showroom, or in the event of no showroom, in the room or area where negotiations and s.ales are consummated with the public, each license certificate issued hereunder. Section 23-1222. PENALTY. Any person violating the terms of this ordinance shall, upon conviction thereof, be punished by a fine of not more than one thousand dollars ($1,OQ0) or zmprisonment not to exceed ninety (90) days or both together with the costs of prosecution. Any violation of this ordinance shall, in addition to other penalties, be graunds for revocation of license. REGULATIONS FOR SALE OF CHRISTMAS TREES Section 23-1301. LICENSE REQUIRED• No persan, firm or corporation shall engage in the business af selling Christrnas trees in the City of Brooklyn Center without first applying for and receiving a license as hereafter provided. Section 23-1302. APPLICATION. The application for license for selling Christmas trees shall be made to the City Clerk and shall be accompanied by a seasonal fee as set forth by City Conncil resolution. The license will expire on January 5 of the year following its issuance. A sepazate license shall be required for each place of sale. Section 23-1303. DEPOSIT. A sum of $100 in cash or cashier's check shall be deposited with the Ciry Clerk at the time of application to insure that the site of sale shall be cleaned and cleared of Christmas trees and all other debris and materials relating to the business. It shall be the duty of the City Manager to determine whether �the site of sale is groperly cleaned and cleared. If the site of sale is not cleaned and cleazed by January 5 of the year following the issuance of the license, the deposit shall be forfeited to the City to defray the expenses of the City in cleaning and clearing the said site of sale. City of Brooklyn Center 23-50 Ciry Ordinance --'---;a::.--'- s-,�-; -.�i:z=r��- y.,. Section 35-322. C2 COMMERCE DISTRICT. l. Permitted Uses a. The retail sale of food. b. Eating estalilishments, provided they do not offer live entertainment and further provided that the category does nat permit drive-in eating places and convenience-f�od restaurants. c. T'he follorving uses: 1) The retail sale of beating and plumbing equipment, paint, glass, and wallpaper, electrical supplies, and building supplies. 2) The retaii sale of tires, �batteries and automobile accessories and marine craft accessories. 3) The retail sales of apparel and related accessories. 4) The retail sale of fumiture, home fumishings and related equipment_ 5) The retail sale �f miscellaneous items such as the following: Drugs and proprietary items Liquars Antiques and secondhand merchandise Books and stationery Garden 5upplies Jewel .ry Flowers and floral accessories Cigars and cigarettes Newspapers and magazines Gameras and phot�graphic suppties Gifts, novelties and souvenirs Pets Optical goods Sporting goods and bicycles I d. Service/office uses described in 5ubsection 1(b) through 1(u}, Subsection 1(w), and Subsection 3(c) ef Section 3��320. e. The following repair/service uses: 1) Electrical repair service shops. I umbin 'es heatin arid 1 g 'ca1 su Is P etectn g 2) Household appliances, pP equipmenL 3) Radio and television repair service shops. ember 3 2005 n er 35-35 Dec Ci o Brookl n Ce t IY .f Y I I 4} Planned and designed to assure that generated traffic will be within the ca aci of available ublic facilities and�wi.Il not have an adverse P P impact upon those facilities, the inunediate neighbo�hood, or the commtuuty. 5) Tra.fFc generated by other uses on the site wi.Il n�t pose a danger to chi.ldr�n s�rved by the ci�y care use. I and fiirther provided that the special requirements set forth in Section 35-411 are adh.ered to. c. Instructional uses fo� art, music, photography, decoiating, danci.ng and the like and studios for like activity. d. Nonresidential educational uses including Area Leaming Centers (ALC), post secondary schools, business schools, trade schools and the like, but excluding public and private elementary and secondary schools (K-12). I Sectian 35-321. ClA. SERVICEIOFFICE DISTRICT. 1. Pemutted'Uses (1Vo height limitation) a All of the permitted uses set forth in Section 35-320 shall be pemutted in a building or est�.blishment in the ClA district. b. Transient Lodging arid A.ssociated Uses. I 2. Svecial Reaui.rements a. See Sectian 35-411 of these ordinances. 3. Snecial Uses a. t�ccessory off-site parking not located on the same properiy with the principal use, subject to the provisions of �ection 35-701. b. All of the special uses set forth in Section 35-320 shall be allowed by special use permit in �e C 1 A district Section 35-322. C2 COMMERCE DISTRICT. 1. Permitted Uses a. The retail sale of food. City ofBrooklyn Center 35-34 O1/19/08 a �i'' b. Eating establishments, pravided they do nat affer Iive entertainment. and fv.rther provided that the category does not permit drive-in eating places and convenience-food restaurants. c. The following uses: l; The retail sale ofheating and plumbing equigrnent, p�int, glass, and wallpaper electrical supplies, and building supplies. 2) The retail sale of tires, batteries and automobile accessories and marine cra$ accessories. 3} The retail sales of apparel and related accessories. 4) The retail sale of fumiture, home furnishings and related equipment. 5) 'The reta.il sale of miscellaneaus items such as the follawing: Drugs and proprietary items Liquors Antiques and secondhand mercliandise Books and stationery Garden supplies Jewelry Flawers and floral accessories Cigazs and cigarettes Newspapers and magazines Cameras and photographic suppties Gifts, novelties and souvenirs Pets Optical goods Sporting goods and bicycles d. Service/office uses described in Subsection 1(b) through 1(u}, Subsectian 1(w), and Subsection 3(c) of 5ection 35-320. e. The following repair%service uses: 1) EIectrical repair service shops. 2) Household appliances, electrical supplies, heating and plumbing equipment. 3) Radio and television repair service shops. City of Brooklyn Center 35-35 December 3, 2005 4) Watch, clack and jewelry repair service shops. 5) Reupholstery and furniture repair shops. 6) Launderir�g, dry cleaning and dyeing. Equipment rental and leasing servi�es' f, The following rnedical and health uses: 1) Hospitals, not iiicluding animal hosgitals. 2) Ivledicallaboratories. 3) Dentallaboratories. 4) Nursing care homes, (at not more than. 50 beds per acre), provided that these institutions shall where required by state law, or regulation or by municipal ordinance, be licensed by the appropriate state or municipa� authority. g. The followi.ng contra.ctJconstructian uses: 1) Building construction contractors' offices. 2) Plumbing, heating and air conditioning contractors' offices. a� cantractors' offices. 3 Painting, aper hanging and decor tu�g P 4) Ivlaspnry, stone worlc, tile setting and plastering contractors' offices. e 5) Carpenteri.ng and wood flooring contra.ctors' offices. G) Roofing and sheet metal contractors' offices. 7) Conciete contractors' offices. 8) Water well drilling contractors' offices. h. Nonresidential educational uses including Area Leaming Centers (ALC), post ols trade schools and the like, but excluding e d s chools business scho s con ary public and private elementary and secondary schools (K-12}. Ol/19/08 Clly Of Bl •ooklyrx Center 35=36 i. Accesso uses, incidental to hhe foregoing principal uses when located an ry the same property with t12e use to which it is accessary. Such accessory uses to include but not be restricted to the following: 1) Offstreet parking ar�d offstreet loading. 2) Signs as permitted in the Brooklyn Center Sign Ordinance. 3) Outside display and sale of inerchandise provided that an administrative permit is first obtained pursuant to Section 35-800 of these ordinances. j. Other uses similar in nature to the aforementioned uses, as determined by the City Council. k, Drop-in child care centers licensed liy the Minnesota Department of Public Welfaze pursuant to a valid license application, provided that a copy of said license and application shall be submitted annually to tl�.e City. 2. Sneeial Reouirements a. See Sectian 35-412 of these ordinances. 3. S�ecial Uses a, Gasoline service stations {see Section 35-414), motor vehicle repair and auto washes provided they do not abut an Rl, R2, or R3 district, including abutment at a street line; trailer rental in conjuncfion with these use5, provided that there is adequate trailer parking space. b. 'The sale or vending at gasoline service statians of items other than fuels, Iubricants or aut�omotive parts and accessories (and other than the vending of saft drinks, candy, cigarettes and other incidental itern� for the canvenience of customers within the principal building) pravided adequate parking is available consistent with the Section 35-704, 2(b} and 2(c). c. Drive-in eating establishments and convenience-fopd restaurants provided they do nat abut an Rl, R2, or R3 district including abutment at a street line. (However, convenience food restaurants without drive-up £acilities and located within the principal structure of a shopgi.ng center of over 250,000 sq. ft, of gross floor area shall be considered a permitted use.) i City of Brooklyn Center 35-37 December 3, 2005 s Cit� �ouncil �.genda I�en�► �t�.11�. ,x �'ity of Brooklyn Center A Millennium Community COUNCIL ITEM MEMORANDUM TO: City Council FROM: Curt Bogan�� DATE: November 20, 2008 SUBJECT: Joint Powers Resolution Brooklyn Bridge Alliance for Youth Recommendation: I have enclosed a resolution approving the proposed Joint Powers Agreement in accordance with the consensus direction of the City Council from the November 10�' worksession. Background: This issue has been under review and discussion for several months. Two worksession agenda items have been devoted to the proposal to create a joint powers agreement among two cities, Hennepin County and several school districts and two community colleges. If all anticipated members participate it may be the most diverse joint powers effort that we would a part of. The goal of the JPA is to plan jointly and provide opporiunities for youth to grow and develop in a positive manner. The hope is that the sum of the combine efforts will achieve results greater than what individual organizations could do independently. If the alliance is successful, duplication of efforts will be minimized and limited resources will achieve better results. Budget Issues: The JPA does require a commitment of direct financial contribution by the members. It is likely that grant funds will be solicited and it is conceivable that members may asked to contribute financially for specific projects though there has been no discussion of funding requirements to date. 6301 Shingle Creek Parkway Recreation and Community Center Phone T➢D Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org MEMORANDUM COUNCIL WORK SESSION DATE: November 6, 2008 T0: Brooklyn Center Gity Council FROM: Curt Boganey, City M SUBJECT: Joint Powers Agreement-Brooklyn Sridge Alliance Update COUNCIL ACTION REQUIRED BACKGROUND The majority of the City Council previously agreed to consider adoption of the subject Joint Powers Agreement. Suhsequent to that decision, some potential members of the JPA requested modifications to the agreement. At the October 9�' worksession the majority consensus was to discuss the agreement when the amended language was presented. I have enclosed a copy of the revised Joint Powers Agreement for your review. COUNCII, POLICY I5SUES Will participation in the 3PA as provided help the Council achieve it mission and goals for tlie City? Is participation in the JPA a reasonable and cost beneficial alternative for achieving the goals of youth development? November lO Worksession Minutes Xcerpt JOINT POWERS AGREEMENT BROOKLYN BRIDGE ALLIANCE UPDATE Mr. Boganey stated the Council/EDA has been provided with the revised Brooklyn Bridge Alliance Joint Powers Agreement (JPA). The JPA is very general and it will be easy for any member to withdraw. It is basically a handshake deal where the parties have agreed to work together to try to cooperate and coordinate activities to provide for positive youth development in Brooklyn Center and Brooklyn Park. If the Council/EDA would like to proceed with the JPA it can be included on a future agenda for consideration. The City Council/EDA reviewed the revised JPA. It was noted that Brooklyn Paxk is named as the fiscal agent of the Alliance. It was noted corrections are needed to the roman numerals included in the JPA. Mayor/President Willson, Councilmembers/Commissioners Lasman and Ryan stated support of the City entering into the Brooklyn Bridge Alliance Joint Powers Agreement. Commissioner/Councilmember Yelich questioned the value of the initiative in terrns of the City's perspective, particulaxly in relation to how it supports the mission and goals oi the City, as well as the cost in terms of staffing and distraction from other priorities of the City. He expressed concern that the initiative may duplicate efforts of the Northwest Hennepin Human Services Council (NWHHSC). Mr. Boganey stated the initiative does not duplicate efforts of the NWHHSC that he is aware o£ He provided an overview of how the initiative would supplement current ongoing activities of the Brooklyn Center coalition made up of local churches, Brooklyn Center High School, social service organizations, and the Police and Recreation Departments that are focusing efforts on youth at risk. He stated if it is determined in the future that there is a duplication of efforts occurring he would expect that NWHHSC or the Alliance would determine that one of the groups should discontinue those efforts. It was noted that NWHHSC is looking at budget cuts and a lack of resources, and is not certain that the organization will continue to work in the area of youth. The majority consensus of the City Council/EDA was to include the Brooklyn Bridge Alliance Joint Powers Agreement on a future City Council meeting agenda for consideration by the CounciL THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH A JOINT POWERS AGREEMENT The parties to this Agreement are Hennepin County, the City of Brooklyn Center, City of Brooklyn Park, Anoka-Hennepin School District, Brooklyn Center School District, Osseo School District, Robbinsdale School District, Hennepin Technical College and North Hennepin Community College, all of which are governmental units within the State of Minnesota. This Agreernent is made pursuant to Minnesota Statutes, Section 471.59. ARTICLE L GENERAL PURPOSE The general purpose of this Agreement is to create an organization titled "The Brooklyn Bridge Alliance for Youth" (hereafter referred to as the Alliance} through which the parties may jointly and cooperatively create a community-wide vision for positive youth development that will focus on developing a detailed action plan to cooperate, communieate and collaborate in positive youth development for all youth in Brooklyn Center and Brooklyn Park. The organization would concentrate on encouraging community partnerships that would improve the n that limit factors building positive youth development and diminish or eliminate influe ces healthy youth development. The arganization would serve as a formal structure to assemble permanent Coalition(s} for Youth that would be responsible for implementing this action plan. ARTICLE IL PARTIES Section 1. The governmental units within the State of Minnesota eligible to become parties to this Agreement are Hennepin County, the City of Brooklyn Center, the City of Brooklyn Park, Anoka-Hennepin School District, Brooklyn Center School District, Osseo School District, Robbinsdale School District, Hennepin Technical College, North Hennepin Community College and such other governmental units, sharing common concerns, which may be designated by the Alliance organizational committee. Section 2. Any governmental unit desiring to enter into this Agreement may do so by the duly authorized execution of a copy of this Agreement by its proper officers. Thereupon, the clerk or other corresponding officer of the governmental unit shall file a duly executed copy of the Agreement, together with a certified copy of the authorizing resolution or other action, with the fiscal agent. ARTICLE III. MEETINGS, ELECTIONS, AND DUTIES OF COMMITTEE MEMBERS Section 1. The City of Brooklyn Park agrees to convene the organizational meetings of The Alliance and act as the fiscal agent unless otherwise specified by the organizational committee Section 2. Each party to this agreement may designate two individuals and one alternate to attend the organizational committee meetings of The Alliance. Hennepin County shall have two additional members, one each from the Brooklyn Park and Brooklyn Center libraries. The cities of Brooklyn Center and Brooklyn Park shall each have two additional members, one from each city's police department and one from each city's parks and recreation department. Each pariy shall also be entitled to one alternate member, who shall be entitled to attend meetings of the Board in the absence of one of the party's two members. Section 3. At the first organizational committee meeting of The Alliance, the committee shall elect from its members a chair and vice chair or co-chairs. The new officers shall take office for a period of one year after the date on which they are elected. An officer may serve only while a member of organizaxion committee. Section 4. At the first organizational meeting, or as soon thereafter as may reasonably be done, the committee shall determine its procedures, including the time, place, and frequency of its meetings.. ARTICLE IV. WITHDRAWAL Section 1. Any member party may at any time give written notice of withdrawal from The Alliance. ARTICLE V. DISSOLUTION Section 1. The organization shall be dissolved whenever (a) aggregate withdrawals of member parties representing more than one-half of the area population occurs, or (b) by a majority vote of all members of The Alliance. Section 2. Upon dissolution, the remaining assets of the organization, after payment of all obligations, shall be distributed among the parties as determined by the committee. ARTICLE VI. DURATION This Agreement shall continue in effect for a period of two years unless an Agreement extension is agreed upon by the parties. DATE. ARTICLE VII. EFFECTIVE This Agreement shall become effective upon its execution by the parties hereta Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ENTERING INTO A JOINT POWERS AGREEMENT TO PARTICIPATE IN THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH WHEREAS, City Council goal number seven is to increase communication and collaboration with citizens, other government jurisdictions and agencies, schools and churches and WHEREAS, the proposed Brooklyn Bridge Alliance for Youth is an inter governmental effort to build positive youth development and diminish or eliminate influences that limit healthy youth development; and WHEREAS, the City is committed and willing to devote limited staff resources to the effort of empowering our youth to become successful contributing members of the community NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that The Brooklyn Bridge Alliance For Youth is approved and tl�e Mayor and City Manager are authorized to execute this agreement on behalf of the City. November 24, 2008 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member vote bein taken thereon the followin voted in favor thereof: and upon g g and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Cou�cil Agenda Item. l�o. 11b r f COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Liilehaug, Director of Public Workss�� DATE: November 19, 2008 SUBJECT: Resolution Authorizing the Early Order/Purchase of Six 2009 Ford Crown Victoria Police Patrol Vehicles Recommendation: Staff recommends that the Brooklyn Center City Council approves the attached resolution authorizing the early order/purchase of six 2009 Ford Crown Victoria police patrol vehicles. Background: The Central Garage vehicle replacement schedule includes the replacement of six police patrol vehicles (Nos. 31 l, 326, 331, 322, 333 and 334) in 2009. The City changed from a two-year ta a three-year replacement scheduled for police patrol vehicles in 2005. The tl�u replacement cycle has proven to be a cost effective decision based on recent maintenance records that show repair and maintenance costs increasing during the third year. City vehicles are typically purchased through the State of Minnesota Cooperative Purchasing Venture. A majarity of municipalities place orders for patrol vehicles during the month of January each year. This concentration of ordering within the same time period results in significant delivery delays. These delays are due to the limited capacity of vendors that outfit police vehicles to prepare a majority "of all police vehicles during the months of March through May. In past years, the City of Brooklyn Center has not received new police patrol vehicles in time to allow the old vehicles to be sent to spring auction as a result of this delay. A one-month early order of the six police patrol vehicles would help minimize delays experienced in past years pertaining to outfitting and receiving the new vehicles. If ordered now, the vehicles are anticipated to be delivered in March 2009. Budget Issues: The Central Garage Fund has accumulated a sufficient replacement fund balance to allow for the replacement of six police patrol vehicles in 2009. Delivery and payment will occur in 2009. Police Patrol Vehicle Order CzI� arBrookl�m Center Member introduced the following resolution and moved its adoptian: RESOLUTION NO. RESOLUTION AUTHORIZING THE EARLY ORDER/PURCHASE OF SIX 2009 FOKD CROWN VICTORIA POLICE PATROL VEHICLES WHEREAS, six police patrol vehicles (Nos. 311, 326, 33I, 332, 333 and 334) are scheduled for routine replacement in 2009 in accordance with the established vehicle replacement schedule; and WHEREAS, a minimum of 90 to 120 days of total delivery time makes immediate ordering preferable for 2009 delivery of new vehicles and auction of old vehicles; and WHEREAS, it is expected that $171,523.00 in accumulated replacement filnds will be available in the 2009 Central Garage capital outlay budget for the purchase of said vehicles; and WHEREAS, replacement of said vehicles are available through the 2009 Minnesota State Cooperative Purchasing Venture, State Contract #439865 from Elk River Ford Inc. at a total cost of $143,332.12 (not including set-up charges and auction allowance). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brookl}m Center, Minnesota that the early order purchase of six Ford Crown Victoria police vehicles under the Minnesota State Cooperative Purchasing Venture at a total cost of $143,332.12 is hereby approved. November 24. 2008 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Ci� �ou�.cil AYgend�. I�te�a. �c�. llc City of BYOOkIyn CenteY City Councii Agenda Item Memorandum TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal Support Services DATE: 18 November 2008 SUB7ECT: Increase in Franchise Fees from Xcel Energy and CenterPoint Energy Recommendation: It is recommended that the City Council adopt the first reading of the ordinance amendment for franchise fees and establish a final hearing and adoption date of 12 January 2009. Background: The City Council adopted two resolutions on 8 December 2003 which established franchise fees with the two large non-municipal utility companies in Brooklyn Center; Xcel Energy (electricity) and CenterPoint Energy (natural gas). These fees were, in each case, a fee charged to the respective utility companies for the use of public rights-of-way and other public grounds in the delivery of services to their customers. The companies were allowed as a condition of the agreement to show these fees as a surcharge on the billings to individual customers. The first fees were charged in January of 2004. The respective utility companies have submitted payments of these franchise fees on a quarterly basis over the past four ye�rs. The franchise fee charges have remained the same since the inception of the fee. Since 2004 the franchise fees have generated total revenue of 2,591,722. These funds have all been credited to the Street Reconstruction Fund, which is used to fund non-assessable portions of street reconstruction projects as outlined in the Capital Improvement Plan. At current levels, the franchise fees will generates about 660,000 per year. The franchise fee agreements allow the City to increase the fee. For CenterPoint, there is no specification in the agreement other than that the fee cannot be increased more than once annually. The Xcel agreement is quite different. It indicates that one fee increase of no more than 3% can occur between January 31, 2007 and January 31, 2010. After January 31, 2010 there can be one fee increase of no more than 3% every three years for the duration of the franchise agreement. Since the City does not, at this time, anticipate searching for another franchisee to provide electrical service, it is assumed that these stipulations will be in effect throughout the Capital Improvement Plan. The effect of the increased fee residential properties, which account for about 51% of the total franchise fees, would be as follows: Residential Franchise Fee per Month Current 4/1/2009 2/1/2012 2/1/2015 2/1/2018 Xcel Energy 1.48 1.52 1.57 1.62 1.67 CenterPoint 1.48 1.52 1.57 1.62 1.67 Commercial and industrial increases would also be 3% at each of the dates listed above. Increasing these franchise fees requires the following Minimum 60 day notice to the utility companies. Amendments to the ordinances setting the franchise fees. Public Hearings to amend the ordinances. Xcel Energy and CenterPoint Energy have been notified of the proposed changes by certified mail. Copies of the letters sent to those firms are attached. Financial Impact: Each incremental step in franchise fee increase for 2009, 2012, 2015 and 2018 will increase the fee receipts by about 20,000 per year. City of Brooklyn Center A Millennium Community 29 October 2008 General Counsel, Law Department Xcel Energy 414 Nicollet Mall Minneapolis, Minnesota 55401 re: increase in franchise fee for City of Brooklyn Center Good Morning. The City of Brooklyn Center is proposing a change in its franchise fee ordinance affecting the agreement for franchise fees wifh Xcel Energy. Under the terms of Ordinances 97-09, 2003-22 and 2003-24, the City of Brooklyn Center is proposing an increase of 3% in the franchise fees imposed on Xcel Energy resulting in the following rate schedufe changes: Current Proposed Monthly Fee Monthly Fee Monthly Per Premise Per Premise Increase Residential 1.48 1.52 0.04 Small C&I Non Demand 3.00 3.09 0.09 Small C&I Demand 20.00 20.60 0.60 Large C8cI 96.00 98.88 2.88 Public Street Lights, Muni Pumping 12.00 12.36 0.36 Copies of the existing ordinances concerning the fees are enclosed. If you have questions or concerns you may contact me directly at diordetCa�ci.brooklvn- center.mn.us or by phone at 763/569-3345. Thank you. Sincerely, Daniel Jor et Director of Fisca) Support Services cc: City Manager DJ: 63,91 Shingle Creek Parkway Recreation and Community Center Phone TDD Number �roohlyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 F�(i S3) 569-3494 www.cityo fbroohlyncenter.org City of �rooklyn Center A Millennium Community 29 October 2008 Vice President of Regulatory Supply Service CenterPoint Energy Minnegasco 800 LaSalie Avenue Minneapolis, Minnesota 55402-2006 re: increase in franchise fee for City of Brooklyn Center Good Morning: The City of Brooklyn Center is proposing a change in its franchise fee ordinance affecting the agreement for franchise fees with CenterPoint Energy Minnegasco. Under the terms of Ordinances 2003-06 and 2003-23, the City of Brooklyn Center is proposing an increase of 3% in the franchise fees imposed on CenterPoint Energy Minnegasco resulting in the following rate schedule changes: Current Proposed Monthly Fee Monthly Fee Monthly Per Premise Per Premise Increase Residential 1.48 1.52 0.04 Commercial A 1.53 1.58 0.05 Commercial Industrial B 5.00 5.15 0.15 Commercial C 20.00 20.60 0.60 SVDF A 50.00 51.50 1.5D SVDF B 96.00 98.88 2.88 LVDF 96.00 98.88 2.88 Copies of the existing ordinances concerning the fees are enclosed. If you have questions or concerns you may contact me directly at diordetCa?ci.brooklvn- center.mn.us or by phone at 763/569-3345. Thank you. Sincerely, Daniei ordet Director of Fiscal Support Services cc: City Manager DJ: 6301 Shingle Creek Parhw¢y Recreation and Community Center Phone TDD Number Broohlyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrook�yncenter.org CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12 day of January 2009, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Paxkway, to consider an amendment of Ordinance No 2003-22. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN AMMENDMENT OF ORDINANCE NO. 2003-22, EXHIBIT A; XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE THE CITY COUNCIL OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA, DOES ORDAIN AS FOLLOWS Section 1: Exhibit A of Ordinance No. 2003-22 setting the rates for a franchise fee on Xcel Energy for providing electric service within the City of Brooklyn Center is hereby amended as follows: EXHIBIT A XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE Class Fee Per Premise Residential 1.52 per month Sm C& I— Non-Dem 3.09 per month Sm C& I— Demand 20.60 per month Large C& I 98.88 per month Public Street Ltg 12.36 per month Muni Pumping N/D 12.36 per month Muni Pumping Dem 12.36 per month Section 2: This ordinance amendment shall become effective for service billings by Xcel Energy prepared after March 31, 2009. Adopted this day of 2005. Mayor ATTEST: City Clerk Date of Publication Effective Date (c*r�'�� indicates matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12�' day of January, 2009, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment of Ordinance No. 2003-23. Auxiliary aids for persons with disabilities are ava.ilable upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN AMENDMENT OF ORDINANCE NO. 2003-23, EXHIBIT A; CENTERPOINT ENERGY MINNEGASCO'S OPER.ATIONS WITHIN THE CITY OF BROOKLYN CENTER FEE SCHEDULE THE CITY COUNCIL OF BROQKLYN CENTER, HENNEPIN COUNTY, MINNESOTA, DOES ORDAIN AS FOLLOWS Section 1: Exhibit A of Ordinance No. 2003-23 setting the rates for a franchise fee on GenterPoint Energy for providing natural gas service within the City of Brooklyn Center is hereby amended as follows: EXHIBIT A CENTERPOlNT ENERGY GAS FRANCHISE FEE SCHEDULE Class Fee Per Premise Residential 1.52 per month Commercial A 1.58 per month Commercial Industrial B 5.15 per month Commercial C 20.60 per month SVDF A 51.50 per month SVDF B 98.88 per month LVDF 98.88 per month Ssection 2: This ordinance amendment shall become effective for service billings by CenterPoint Energy prepared after March 31, 2009. Adopted this day of 2005. Mayor ATTEST: City Clerk Date of Publication Effective Date (c*ri�� indicates matter to be deleted, underline indicates new matter.) 1 �ity ��ru�+�il �g�nda �t��m �T�►.11d a 3 City of BYOOkIyn Center City Council Agenda Item Memorandum TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal Support Service DATE: 18 November 2008 SUB7ECT: Request for Proposals for Banking Services Recommendation: It is requested that the City Council adopt a motion approving the attached Request for Proposals for Banking Services for distribution to interested banking institutions. Background: It is the City's practice, as directed by City Council Policy 2.80, to review financial services provided by outside professional organizations every six years. For 2008 the adopted schedule indicates that banking services should be reviewed through the Request for Proposals (RFP) process. Policy Section 2.80.3.B indicates that the RFP is to be "prepared by Staff, reviewed by the Financial Commission, and approved by the City Council." The Financial Commission reviewed the RFP on Monday, November 17, 2008 and recommended by majority vote that the attached RFP be recommended to Council for approval. The Commission's discussion of the RFP included the possibility of a limitation on distribution of the RFP to financial institutions having branches of operation within the corporate limits of Brooklyn Center only. The City Attorney's Office has affirmed that this possibility is permitted. However, the Commission recommended that the RFP process be left open to all institutions that may be interested. It was the feeling of several Commissioners that leaving the process open to many proposers would increase the probability of the City finding the best possible arrangement for banking services. Financial Impact: Financial impact of the proposal process itself is zero. It is unknown what possible savings or additional costs will be realized from the process at this time. City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2113 Request for Proposal Banking Services TABLE OF CONTENTS Calendar Events 2 Overvi ew 2 AgreementTerms 2 Pr�-Proposal Meeti�c� and Questions Regarding the RFP 4-- Proposal Evaluation and Selection Criteria 4 Format Required for Submitted Proposals 5 Banking Services 6 Proposal Submission 7 Indemnification 8 Independent Contractor 8 Nondiscrimination 9 Miscellaneous Provisions 9 Audited Financial Statements, Regulatory, and Management Reports 11 Non-Collusion Affidavit 12 ProfileQuestionnaire 13 Banking Service Questionnaire 15 Desirable Banking Services Questionnaire Compensation, Fees, and Related Information 22 Bid Sheets, General Account 23 Non-Proposer's Response 25 1 CALENDAR OF EVENTS Date Event December 3, 2008 2:00 PM Mandatory Pre-Proposal Meeting January 7, 2008 4:00 PM RFP Submission Deadline January 26, 2009 7:00 PM StafF recommendation and City Council selection March 2, 2009 Service Implementation OVERVIEW The City of Brooklyn Center is requesting proposals to provide a full range of banking services. Proposers are required to send four (4) copies of the proposal to the City on or before January 7, 2009. The City reserves the right to accept or reject any and all proposals. The City also reserves the right to retain all proposals submitted and use any ideas in a proposal regardless of whether that proposal is selected. This RFP and the completed responses will serve as the basis for the agreement between the City and the successful respondent. The agreement may be awarded to a single financial institution, or to a multiple of institutions. There is no expressed or implied obligation for the City to reimburse responding firms for any expenses in�urred in preparing proposals in response to this request. The successful bidder must be an Equal Employment Opportunity Employer. AGREEMENT TERMS The term of this agreement is for a three (3) year period beginning March 1, 2009, with three (3) additional one (1) year renewal options. The prices quoted in the proposals must be guaranteed for at least two (2) years. However, cost adjustments will be permitted when an increase becomes necessary due to the increased cost of items outside of the bank's control. Any such cost adjustments must be documented, justified, and accepted by the City before such costs are implemented. The City and the successful institution shall renegotiate the fees to be charged after the initial two (2) year period for the next one (1) year period, and annually thereafter, for the remainder of the agreement period. Nothing in this paragraph shall limit the ability of the parties to terminate the agreement at earlier dates as hereinafter provided. Termination for Cause The City may terminate this agreement, or any part of this agreement, for cause under any one of the following circumstances: (a) The bank fails to make delivery of services as specified in this agreement; or (b) The bank fails to pertorm any of the provisions of this agreement, fails to perform in a professionally acceptable manner, or fails to timely pertorm as to endanger the ability of the City to perform its duties. 2 The City shall provide the bank with written notice of the conditions endangering performance. If the bank fails to remedy the conditions within ten (10) days from the receipt of the notice (or such longer period as may be authorized in writing), the City shall issue the bank an order to stop work immediately. Notice is effective upon mailing, postage prepaid and properly addressed or upon personal service to the bank. In the event the City believes that the assets of the City are in jeopardy, or there is a bona fide emergency related to these assets, the City can cancel the agreement immediately or_upon such_notice as is reasonable. Termination for Convenience The City may terminate performance of work under this agreement in whole or in part whenever, for any reason, the City shalt determine that the termination is in the best interest of the City. In the event that the City elects to terminate this agreement, in whole or in part pursuant to this provision, it shall provide the bank written notice at least thirly (30) days prior to the termination date. The termination shall be effective as of the date specified in the notice. The bank shall continue to perform any part of the work that may have not been terminated by the notice. In the event termination occurs under this provision such shall be without liability to the City and any officer and employee thereof. Notices All notices, demands, requests, approvals, reports, instructions, or other communications which may be required or desired to be given by either party to the other after the effective date of the agreement shall be in writing and shall be made by personal delivery or sent by United States certified mail, postage prepaid, return receipt requested or by overnight delivery, prepaid, addressed as follows: Daniel Jordet, Director of Fiscal Support Services City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2113 or to any other persons or addresses as may be designated by notice from one party to the other. 3 PRE-PROPOSAL MEETING AND QUESTIONS REGARDING THE RFP There will be a mandatory pre-proposal meeting for all interested institutions on December 3, 2008. This meeting will be held at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway at 2:00 P.M. A representative of the institution must be in attendance in order to qualify to submit a proposal. City StafF will respond to questions at this time. Should any questions arise which cannot be answered at the meeting, the questions will be answered in writing and consolidated into a single question and answer document. The consolidated"Q A" doc�ment will be.returned to the banks via mail or email on or about December 19, 2008. The City reserves the right to extend the time to submit written questions after the pre-proposal meeting if necessary. PROPOSAL EVALUATION AND SELECTION CRITERIA The agreement will be awarded to the financial institution(s) that best meet(s) the needs of the City provided the fee is reasonable and it is in the best interest of the City to accept it. In evaluating the proposals, the following criteria will be used: Responsiveness of the proposal. The sufFiciency of the financial resources and the ability, capacity and skill of the institution to perform all required and desired services as stated in this RFP on a timely basis. Responses of client references. Demonstrated knowledge of the City, the community, and its economic conditions. The reputation, financial stability, and longevity of the proposer. The quality, availability, and adaptability of the services to the particular needs required. Interviews, if requested. Cost of the services provided. Physical facility including the location(s), technology, and security of the facility. City StafF.may wish to visit the facilities prior to awarding the agreement. The City reserves the right to award the agreement in whole or in part. The City also reserves the right to reject proposals in whole or in part, that do not comply with the provisions of this RFP. Costs of banking services, although a significant factor, may not be a dominant factor. During the evaluation process, the City reserves the right, where it serves their best interest, to request additional information or clarifications from proposers or to allow corrections of errors or omissions. 4 FORMAT REQUIRED FOR SUBMITTED PROPOSALS 1. Titie Page Show the name of your institution, local address, telephone number, name of contact person, and the date. 2. Letter of Transmittal Please limit to one page. Proposers may use this tetter to present any information they consider essential to their proposal. Please list the names of all individuals who are authorized to make representations for the proposer, along with their titl�s, addr�sses, and telephone numbers. 3. Audited Financial Statements, Regulatory and Management Reports Respond to each question as applicable. 4. Non-Collusion Affidavit Review, sign, and notarize. 5. Profile Questionnaire Respond to each question as applicable. 6. Banking Services Questionnaire Respond to each question as applicable. 7. Desirable Banking Services Questionnaire Respond to each question as applicable. 8. Compensation, Fees and Related Information Respond to each question as applicable. 9. Bid Sheets- Respond to each question as applicable. To assist us in comparing the cost effectiveness of each proposal, you must address all costs both on a per unit basis and on a compensating balance method of payment. 10. Copies of proposed agreement(s) including wire transfer, collateral, etc. 11. Any additional pertinent information. 5 BANKING SERVICES The successful Proposer shall provide all banking services typically provided by banking institutions to their commercial customers including: 1. Receipt of deposits, including ACH deposits of credit card transactions -2. Processing and-�learing of all checks and drafts issued by the City 3. ACH for debt service payments 4. Collateral for all deposits of a type and in the amounts as required by State laws 5. Wire transfers and confirmations 6. Direct deposit of employee payroll checks to their accounts 7. Electronic funds transfers of all federal and state withholding taxes In addition, the City shall take into consideration the ability of the proposer to provide the following desirable services 1.� Personal computer, email, and internet access for daily balance and account inquiry. 2. Reports: A. Daily report of the current balance in the accounts. B. A monthly statement, with written confirmation for alf transactions endosed, by the tenth of each month. C. Monthly account analysis report listing transactions processed and average balances. D. Monthly collateral reports that list type of collateral and market value. 3. Credit card services 4. Purchasing card program 5. Lock box system for processing utility payments 6. Sweep account for investment of available balances 7. Positive Pay 8. Check 21 9. Other services provided by the proposer 6 P SAL SUBMISSION PRO O Pro osers are required to send four (4) copies of the proposal to the City on or before December 17, P 2008. Each proposal must be clearly identified on the outside of an envelope and shall show the name and address of the ro oser. If the proposal is sent by mail, the envelope sha II contain the notation P P "Banking Services Proposal Enclosed" on the face thereof. The proposals must be signed by an official authorized to bind the institution to its provisions. Proposals are to be sent to: Daniel Jordet Director of Fiscat Su ort Services PP City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2113 Proposers shall use complete sets of the documents in preparing their proposals. The City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of these documents. In making copies of these documents available, the City does not confer a license or grant permission for any other use of the documents other than for the purpose of obtaining proposals on the work. 7 INDEMNIFICATION AND WORKERS' COMPENSATION The Proposer agrees that if the agreement is awarded to their financial institution, the institution shall defend, indemnify and hold harmless the City, as appropriate, and its officials, agents, and employees from and against all daims, damages, losses, and expenses, including attorney fees, arising out of or resulting from the successful Praposer's, including their officials, agents; employees and sub-contractor's performance of the duties required under the agreement. Proposer agrees that the indemnities stated in this section should be construed and applied in favor of indemnification. To the extent permitted by law, the stated indemnities apply regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying harm is attributable to the negligence or otherwise wrongful act or omission (including breach of agreement) or Proposer, its subcontractors, agents, employees or delegates. Proposer also agrees that if applicable law limits or precludes any aspect of the stated indemnities, then the indemnities will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnities continue until all applicable statutes of Hmitations have run. If the agreement is awarded to the Proposer, they shall submit a certificate to the City warranting that the Proposer is in full compliance with Minnesota Statutes, Section 176.181 subd. 2(Workers' Compensation) and shall submit such insurance, if requested, in the specifications. Certificates of insurance as detailed in the specifications must be submitted to the City before any work may begin under the agreement. All such certificates shall state that the insurance company shall give the City thirty (30) days written notice of cancellation, non-renewal, or any material change in the policy. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Depository as the agent, representative or emp�oyee of the City for any purpose or in any manner whatsoever. The Depository is to be and shall remain an independent contractor with respect to aN services performed under this agreement. The Depository represents that it has, or will secure at its own expense, all personnel required in performing services under this agreement. Any and all personnel of the Depository or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Depository, its officers, agents, contracts or employees shall in no way be the responsibility of the City; and the Depository shall defend, indemnify and hold the City, its officers, agents, and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnef or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. 8 NONDISCRIMINATION CLAUSE The City hereby notifies all proposers that businesses owned and controlled by minorities or women will be afforded maximum feasible opportunity to submit proposals. The City also notifies all persons that no one will be subjected to discrimination on the basis of race, color, creed, religion, ancestry, national origin, sex, disability, age, marital status, or statute with regard to public assistance, under the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363. MISCELLANEOUS PROVISIONS The proposer agrees to comply with the Americans with Disabilities Act and not discriminate on the basis of disability in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. All books, records, documents, and accounting procedures and practices of the successful proposer relevant to the agreement shall, pursuant to Minnesota Statutes, Section 16B.06, subd. 4, be subject to examination at all times by the City's Internal or External Auditors, and/or by the Legislative Auditor or State Auditor. If the Bank is employing more than 20 full-time employees in Minnesota at any time during the previous 12 months, it shall have an affirmative action plan for the employment of minority persons, women, and the disabled that has been approved by the Commissioner of Human Rights. The Bank shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the same is applicable to data and documents in the possession of the Bank. If the Bank refuses or fails to furnish goods or services in accordance with the requirements of the agreement and within the time limitations contained in the agreement, the City may purchase such goods or services from other sources until such time as the Bank is able to perform under the terms of the agreement. Data Practices Act. The Seller shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Seller. Audits. The books, records, documents, and accounting procedures and practices of the Seller or other parties relevant to this agree are subject to examination bythe City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect,° in this agreement. The violation of this provision renders the Agreement void. Any federal regulations and applicable state statutes shall not be violated. 9 The proposer agrees that this document and the agreement, if awarded to the proposer, shall be construed and governed by the laws of the State of Minnesota. The proposer agrees to at all times observe and comply with all laws, ordinances, regulations, and codes of the federal, state, and local government which may in any manner affect the preparation of proposals or the performance of the agreement. To be qualified to submit a proposal, an institution must have a service agent in the State so that service of a summons or legal notice may be had on the designated agent. AUDITED FINANCIAL STATEMENTS, REGULATORY AND MANAGEMENT REPORTS of each re ort issued as described below rovide co ies 1. For fiscal ears 2005 2006 and 2007, p p P Y I unless you are legally prohibited from such disclosure. Include management responses, if any, to all reports provided. (a) EXTERNAL AUDIT AND REGULATORY EXAMINATION REPORTS (1) Independent Certified Public Accountants (2) Minnesota State Banking Commissioner (3) Comptroller of the Currency (4) FDIC (5) Other Government Agencies (b) INTERNAL AUDIT AND MANAGEMENT REPORTS (1) Contracted Perfiormance and System Reviews, Audits and Evaluations {2) Internal Audit and Review Reports 2. Describe the process followed by your institution to reasonably ensure that security procedures, such as those established by your institution to prevent unautharized payment orders and fraud (via checks, wire transfers, or ACH transactions), are adequate and effective. 3. Describe the procedures followed by your institution to internally review and verify your institution's perFormance measures such as payment/deposit processing error rates, percentage of processing and reporting deadlines met, and response time for customer service inquiries. 4. Describe your institution's process of reviewing audit reports and addressing any deficiencies noted. I 10 NON-COLWSION AFFIDAVIT STATE OF MINNESOTA ss COUNTY OF of lawful age, being first duly sworn, on oath says (1) He/She is the duly authorized agent of the bank submitting the proposal which is attached to this statement, for the purpose of certifying the facts pertaining to the existence of collusion among other banks submitting proposals and between those banks and state officials or employees, as well as facts pertaining to the giving or ofFering of things of value to government personnel in return for special consideration in the letting of any agreement pursuant to the proposal to which this statement is attached; (2) He/She is futly aware of the facts and circumstances surrounding the making of the proposai to which this statement is attached and has been personally and directly involved in the proceedings leading to the submission of such proposal; and (3) Neither the bank submitting this proposal nor anyone subject to the bank's direction or control has been a party: a. to any collusion among other banks submitting proposals in restraint of freedom of competition by agreement to make a proposal at a fixed price or to refrain from submitting a proposal, b. to any collusion with any state official or employee as to quantity, uali or rice in the ros ective a reement, or as to any other terms q tY P P p 9 i of such prospective agreement, nor c. in any discussions between banks submitting proposals and any city o�cial concerning exchange of money or other thing of value for special consideration of the letting of a agreement Signature 5ubscribed and sworn to before me this day of 200_. Notary Public Commission F�cpiration 11 PROFILE QUESTIONNAIRE I 1. Provide a brief description of the history of the institution's provision of banking services. 2. Describe the organizational structure of your institution and the departments which will oversee the agreement. 3. Describe your service capabilities for a customer the size of the Gity, including those items which set you apart from your competition. 4. What is the institution's commitment to large corporate or government customers? How many governmental customers does your business service? 5. Provide five 5 references from public funds or government-related customers of one (1) year or more with characteristics similar to the City or commeraal banking customers that utilize I similar services that the City will use. 6. Provide contacts from government related or commercial accounts which were terminated or not renewed in the last two (2) years. 7. What insurance coverage is carried by the Bank with respect to any acts or omissions of directors, officers, and other personnel resulting in loss of funds? List all insurance coverage relevant to the services for which a proposal is being submitted. Please indicate the type and amount. i n or investi ation b a regulatory authority of your business, Identi and describe an liti at o g Y 8. Y 9 which officers or employees have been involved in within the last three years. 9. Discuss the financial stability and credit quality of your institution. Provide ratings for the institution and its holding company from two or more nationally recognized rating agencies. List all rating changes for the past five (5) years. 10. How many professional staff are devoted exclusively to the delivery of services to large corporate or government customers? What structural approach to account administration is used (i.e., account teams, account administrators with support groups, or other)? Who interfaces with customers? How often? 1 1. List names titles hone and fax numbers, and email addresses of key persons in charge of ,p t. Provide i bankin services and the account administrator who would be assigned to this accoun 9 level o f autho ri o hese individuals and identi their rank and tY� bio ra hical sketches f t fY 9 p How do ou team mana e. 12. How many accounts does your typical account administrator/ g Y determine the number of accounts assigned to each? How many accounts are assigned to the account administrator who would be assigned to the City's account? 12 13. Describe the procedures which you use to assure continuity of services during vacations or other absences. Who and what are the qualifications of the person(s) in your Bank designated to handle matters when the account administrator is unavailable? 14. How do you monitor legislative and/or regulatory changes affecting banking services? How are these changes communicated to clients? 15. Describe your approacl� to customer service and product famiiiarization. 16. How do you monitor customer satisfaction? Do you provide customers with the ability to participate in the annual evaluations of their account team, as well as overall product pertormance? 17. Describe the Bank's disaster recovery plan in detaiL 18. Describe the assistance you would provide to implement services in this proposal. Provide a description of the implementation process, including testing, and a sample implementation schedule. What is the average lead time and what are the critical factors which may impact that lead time? Describe support provided including training, technical assistance, user manuals, and on-site visits. 13 BANKING SERVICE QUESTIONNAIRE REQUIRED BANKING SERVICES 1. Currently, the City maintains single general checking account and a Payroll checking account. Primary �ocations depositing receipts include the City Hall, Recreation Department, Police- Department, golf course, convention center, and tow (2) liquor stores. 2. Receipt of Deposits and Depository Service Options A. List the bank location closest to the following locations. City Hall Main account I 6301 Shingle Creek Parkway Po�ice Department I 6645 Humboldt Avenue N Centerbrook Golf Course I 5500 North Lilac Drive BC Liquor store #1 I 5625A Xences Avenue N. BC Liquor store #2 I 6930 Brooklyn Boulevard Earle Brown Heritage Center 6155 Earle Brown Drive B. Are night drop, vault, and branch service options available? Is pricing different for utilizing these different deposit options? C. What is the cut off time to ensure same day ledger credit? (a) Is it the same for night drop, vault, and branch services? (b) Is it the same for cash as for checks, etc.? (c) Are there any options that might affect this cut off time? E. What type of deposit bags do you allow/require? (a) Do you provide these bags? (b) Do you charge a fee for these bags? F. Are there any restrictions on deposit bags provided by the customer? G. Are there any benefits to separating cash and checks in two deposit bags? 14 H. Do you require that checks and currency be on separate deposit tickets? I. Are deposit tickets provided free of charge? Do you limit the number of deposit tickets that can be included in one deposit bag? K. The deposit tickets that you provide must be available in multiple part forms. Currently, we requir� �ne �opy for our records and one to attach to the deposit. How many copies does the Bank require? L. Would you accept deposit tickets from a third-party printer? List any limitations. M. Do you require that cash be deposited in standard straps only? Is there a penalty for depositing nonstandard straps? N. Do you accept loose and/or rolled coin for deposit at vault, branch and night drop locations? Is there a fee for depositing loose or rolled coin? 0. How do you determine and calculate availability of deposited items? P. Wha� are the requirements for depositing checks (e.g., pack size, audit tapes)? Q. Does the Bank ofFer a discount for the use of pre-encoded checks? If so, please provide the followring information: (a) The discount offered for pre-encoded check use. (b) A copy of the Bank's instructions for pre-encoded checks. (c) A description of your encoding quality monitoring process. R. What courier services are provided by the Bank, if any, for pick up and delivery of deposits? If not provided by the Bank, what third-party couriers are available and/or recommended and what is their cost for providing the service? What is the cut off time for same day credit? 3. Deposit Verification The Bank must process an adjusting debit or credit for deposit discrepancies. Copies of all adjustments and their documentation should be received at our office by the end of the ne� business day. Describe the documentation provided for deposit discrepancies. 4. Currency Services A. Describe the deposit and change order procedures, cut off times, and other features of this service. 15 oin and curren orders Are coin and B. How much advance notice is required for c �Y currency orders, including pick-up, accepted on Saturday? C. Are there minimum purchase requirements (e.g., standard straps of currency and full boxes of coin)? Is a discount offered for purchasing standard amounts? 5. Return Item Processing I A. Return items must be automatically re-deposited one time unless specifically instructed in writing to do otherwise. -de ositin an item? r item char e for re g (a) What is the pe g P (b) What is the per item charge for return items? B. Provide the Bank's standard return item and re-clear processing instructions. List any nonstandard options that are available. 6. Transaction Research Requests for research and documentation should be completed within one calendar week. V11hat are the procedures �or processing inquiries related to research and adjustments? 7. ACH Deposit of Credit Card Transactions Are there charges related to the ACH deposit or electronic deposit settlement of credit card transactions? i hd wal from Checkin or Savin s Accounts 8. ACH W t ra g 9 The City withdraws utility payments from checking and savings accounts via ACH. Does the bank require accounts to be prenoted before the initial withdrawal? Are there any charges related to withdrawin funds via ACH. 9 9. Processing and clearing of all checks and drafts issued by the City The City manually manages the avaitable '�float" and the amounts available for investment. Give your recommendation(s) on the best way for the City to manage this process to provide the least amount of float, minimal fees, and maximum interest returned. The City would like to receive reconcilement data of all transactions, via download, in a format compatible with the City's computer system (e.g, downloaded into Excel). Describe this process and the related fees for this service. The City is also in the process of implementing a Document Imaging System. In the future, the City may be interested in receiving a monthly file of cleared check images. Please describe this process and any related fees. 16 10. ACH for debt service payments A. Does the Bank offer any service to protect our account from unauthorized ACH debits? B. Can you selectively accept ACH debits only from originators authorized by us? (a) If so, how are such authorizations set up? (b) Can you ensure that originators do not charge our account fior more than the amount we have authorized? (c) How do you handle receipt of entries from unauthorized entities? (d) Can you stop payment of individual ACH debit transactions? Describe this procedure. (e) How would the Bank notify the City of the receipt of unauthorized ACH debits? 11. The financial institution shall provide collateral for all deposits of a type and in the amounts as required by State laws. Attach a copy of your standard collateral agreement. 12. The financial institution shall promptly process wire transfers and shall promptly notify the City when w�re transfers are confirmed. What methods of initiation does the Bank offer for wire transfers? Describe each method's process of initiation, approval and release. 13. Cutoff Times A. What are the opening hours and the cut off times in Central Standard Time for initiating wire transfers to ensure same-day execution? B. When and how can a wire transfer be canceled after it is released to the system by the City? What is the latest time in the day a wire transfer can be canceled? Is there a charge for cancellation? 14. Confirmation A. How soon after wire execution would an internal bank confirmation/sequence number be available? When would the Fed Reference number be available assuming there are sufFcient funds in the account? B. At what point does the Bank assume legal liability for executing a wire transfer? C. Is a debit or credit advice mailed or faxed for each transfer? Is there an explicit charge for advices? Does the Bank offer optional summary advices for debits and credits? 15. Wire Instructions A. Submit a sample or proposed wire agreement with your proposal containing all agreement terms necessary. 17 B. What is the average turnaround time for responding to inquiries about failed wire transfers? C. Describe how the City would make inquiries related to resolution of wire transfer discrepancies. Would the City be charged for wire transfer investigations? D. If either the originating or receiving bank makes an error, how are adjustments handled? 16. Systems A. Describe the Bank's wire transfer system. Do all of the Bank's branches and affiliates use the same system? B. Describe any hardware or software the City would be required to have installed in order to do online wire transfers. 17. Security A. What levels and types of security safeguards exist when initiating and releasing wires? B. Describe how the City's access to the Bank's wire transfer system would be controlled. C. Is a Log-on Report available'showing all log-ons over a given period, including User I.D., date and time? How long is this log kept? D. Describe procedures when security codes are violated. E. Can User I.D.s be user-defined or must they be provided by the Bank? 18. The financial institution shall provide the necessary services for direct deposit of employee payroll checks to their accounts. The City processes payrolls bi-weekly and there are approximately 500 direct deposit transactions each payroll period. Each employee has the option of direct depositing to four different accounts. What are the fees associated with the direct deposit of payroll checks? 19. The financial institution shall provide for electronic funds transfers of all federal and state withholding taxes as directed by the City. 18 DESIRABLE BANKING SERVICES QUESTIONNAIRE In addition, the City shall take into consideration the ability of the proposer to provide the following: 1. Personal computer, email, and internet access for daily balance and account inquiry. A. What banking functions are offered by personal computer, email, and on the internet? B. Describe each reporting method available on-line. C. Is current day information reat time? If not, how frequently is it updated? D. Is historical information available on the system? How many days of history are available? Provide sample reports. E Can the system export reports in various file formats to the custamer's other management systems? If so, what formats are available? 2. Reports Describe your ability to provide the following reports: A. Daily report of the current balance in the account(s). B. Monthly statement, with written confirmation for all transactions enclosed, by the tenth of each month. C. Monthly account analysis report listing transactions processed and average balances. D. Monthly collateral reports that list type of collateral and market value. 3. Credit card services The City currently provides credit cards to approximately ten City employees. Describe your credit card program and the applicable charges. 4. Purchasing card program Currently, the City does not use a purchasing card program, but we are interested in implementing this program. Describe your purchasing card program and the related fees. 5. Lock box system for processing utility payments The City does not utilize lockbox services, but we are interested in this service. Describe the lockbox services provided by your bank and the applicable charges. Also, describe the system and other requirements for this process to work (e,g, the requirements of the utility invoice). 19 6. Sweep account for investment of available balances Describe the sweep account services, including the processes followed, any charges, and interest income. 7. Positive Pay The City d�es not currently utilize Positive Pay services. However, to reduce the ps�ss�biGty of check fraud, the City may be interested in this service in the future. Please indicate if you can provide this service and any associated fees. 8. Check 21 The City does not currently capture check information electronically, but may wish to do so in the future. Please indicate if you are able to accept image deposits from the Ciry. If so, please describe the process and any associated fees. Also indicate if specific remittance equipment and software are required (bank provided or third parry provided) and the related fees. 9. Safety Deposit Box Please indicate whether the Bank has Safety Deposit Box services available and list any applicable fees. 10. Processing of Deposits and Orders for Currency If the Bank has a business location within the corporate limits of the City of Brooklyn Center, deposits will be transported to the Bank by the Brooklyn Center Police Department. Orders for currency will be transported by City staff. If the Bank does not have a business location within the corporate limits of the City, please indicate what secure arrangements are available for processing cash and currency transactions with the full service location closest to Brooklyn Center and what costs would be expected. a 2� COMPENSATION, FEES AND RELATED INFORMATION 1. The attached bid sheet has all categories of service identified which the City reasonably expects to be billed. If there are other fees or costs not identified on the bid sheet for which the institution expects to charge, attach a supplemental price schedule for such services. Include one-time or set up charges, research fees, wire fees, and all other fees that will be charged. °°Tt�e Bank must accept compens�tior� in fees, balances or a co�nbinatiDn of the two. 3. Fees for services must be billed in conjunction with an analysis statement. Fees cannot be debited to our account until the City reviews and approves the analysis statement. Describe your proposed billing cycle (monthly, quarterly, etc.) Also, describe the process for the payment of bank fees. Furnish a copy of your analysis statement or statements. 4. Earnings Credit Rate (ECR) for the monthly analysis must equal or exceed the 90-day Treasury Bill average for the previous month. Does the Bank`s ECR meet or exceed the 90-day Treasury Bill for the previous month? 5. Is there a fee for FDIC Insurance? If so, how does the Bank calculate the charge? 7. When calculating average balances, are positive and negative balances netted? 8. Charges for overdrafts must be handled through the analysis statement process. These charges cannot be any higher than those charged to a regular commercial customer. Please show what your pricing will be if an overdraft occurs and how overdraft balances are calculated. Are uncollected funds caused by an overdraft netted against positive balances in other accounts during the analysis process? 9. How are adjustments reflected on the account analysis? 10. All charges for deposit tickets and other supplies must be handled on the analysis statement and not charged to the City account in any manner. 21 Bid Sheets The General account bid sheet has all of the various charges the City expects to pay. The Bank should also include any one-time or set up charges, research fees, wire fees, and all other fees that will be charged. The numbers listed with the following sections represent the approximate item count fromNovember 2004 to October-2005. These itern cou�ts will be used to campare the °cost" portion of the proposals. The actual item count during the agreement term may vary. Account: General Average ledger balance: $133,888 Unit Monthly Item Average per month Cost Total Account Maintenance Fee ACH Origination Monthly Fee 1 ACH Origination File Fee 3 ACH Origination P�r Item Fee 1,499 Debit/Check Items 904 Credit/Deposit Items 193 DDA statement serialized Cash deposited Rolled coin order Boxed coin ordered Currency per strap Deposited items on main account (��on us'� 129 Deposited itemslocal 7,076 Deposited items country Deposited items main accounts clearings Deposited items select RCPC Deposited items transit 778 Deposited items RCPC 22 Unit Monthly Item Average per month Cost Total Return items Redeposit Charge I 8 Return items spl instr base chg I Non-encoded items adj Check sequencing item priority 2 Stop payments Charge Back Fee I 17 ACH received items Electronic Debits I 45 Electronic Credits I 255 WT online 3 WT outgoing repetitive voice WT outgoing non-repetitive voice WT repetitive codes Incoming Domestic Wire 4 Outgoing Domestic Wire I 1 Monthly Account Maintenance Fee I Additional Additional Additional Additional Additional Additional 23 NON-PROPOSER'S RESPONSE For the purposes of maintaining an accurate mailing list and facilitating firms' responses to our RFP invitation, we are interested in ascertaining reasons why prospective proposers have chosen to decline response to this invitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking any appropriate item(s) listed below. We are not responding to this RFP for the following reason(s): Services requested not available through our company Our firm could not meet specifications Specifications not clearly understood or applicable (too vague, rigid, etc.) r tion of res onse Insufficient time allowed for prepa a p Incorrect address used. Please correct mailing address Other: Please return this form to: Daniel Jordet City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, M N 55430-2113 24 City Council Agend� Iten� No. 11�: i COUNCIL ITEM MEMORANDUM TO: Cuxt Boganey, City Manager FROM: Lee Gatlin, Fire Chief DATE: November 10, 2008 SUBJECT: Revision of Chapter 5 Recommendation: I recommend that the City Council consider approving a first reading and setting public hearing for the approval/adoption of the following changes to Chapter 5 in the City Ordinance for the Brooklyn Center Fire Department. Back�round: Chapter 5 is the city ordinance that describes the administration of the Fire Department. There are sections within Chapter 5 that are (1) in conflict with the fire department's own rules and regulations, (2) are no longer appropriate to have, (3) need to be revised andJor removed. The most significant proposed changes are broken down into the following categories: Administration of Fire Department Personnel, Adoption of International Fire Code, and Outdoor Recreational Fires. Some miscellaneous amendments will also be outlined. ADMINISTRATION OF FIRE DEPARTMENT PERSONNEL (Sections 5-100 through 5-110) These sections primarily relate to the administration of personnel in the fire department. I am proposing that these sections be revised. The current ordinance presents too much detail and is a duplication of department policy. Any changes to department rules reflected in this ordinance could result in the lengthy process of an ordinance change. In some instances, the current ordinance may present some legal issues; i.e. Section 5-102 (d) Retirement, requires firefighters to retire at age 60. Section 5-102 Fire Chief, refers to Section 17-104 of the City Ordinances, which presently does not exist. All members. of the fire department are considered employees of the City of Brooklyn Center and as such are required to comply with the City's personnel policies. The fire department does maintain Rules and Regulations that cover the more specific requirements of the fire department and its' personnel. The Rules and Regulations are created with input from the members of the department. In addition, I am requesting that Chapter 6 of the City Ordinances be amended to include the position of the fire chief. ADOPTION OF INTERNATIONAL FIRE CODE (Section 5-200 Adoption of Fire Prevention �ode) The fire department is requesting that the City of Brooklyn Center adopt the International Fire Code. Any reference in the current ordinance that refers to the Uniform Fire Code has been replaced with the International Fire Code. OUTDOOR RECREATIONAL OR COOKING FIRES (Section 5-203 New Materials, Processes or Occupancies Which May Require Permits) Many changes are being requested to the provision that allows for outdoor recreational or cooking fires. The intent of the changes is to allow for outdoor recreational fires and try to reduce the conditions that create neighbor complaints. There is no perfect solution to keep everyone happy. The changes that are being proposed will provide the fire department and law enforcement bette,r enforcement capabilities. The fire department is requesting that the City no longer require permits for recreational fires and to not limit the number of fires to four per month. It also does not require a resident to notify the police department prior to burning. The pertnit was used as a mechanism to deliver the rules far having recreational fires. There is no standaxd that needs to be met to obtain a permit for recreational fire; and, in fact, they are easily downloaded at any time from the City's website. In order to enforce a violation of the four fires per month rule, the City would need to track each time someone has a fire and maintain a log. The statement that wood must have been dried or cured for one year is not enforceable and the fire department is requesting that it be removed. No changes are requested to the part of the ordinance that requires only clean dry wood to be burned. At no time may leaves, trash, treated/painted wood or any other materials be burned. These materials generate smoke problems. The fire department is requesting to add two provisions to the existing ordinance. One provision prohibits burning when prevailing wind conditions are 10 mph or greater or in the event that smoke is being directed at nearby residences. The second provision prohibits recreational fires when the Minnesota Department of Natural Resources has officially declaxed a"burning ban" due to potential fire conditions or when the Minnesota Pollution Control Agency has declared an air quality alert. A time limit that permits fires between the hours of 8:00 a.m. and midnight allows for greater enforcement. The current ordinance prohibits a fire from exceeding six hours during 24 hours but this is not enforceable from a law enforcement standpoint. The fire department is requesting that a provision be added that allows for a fire to be ordered extinguished when it causes undue hardship on neighboring residences. MISCELLANEOUS Many of the existing provisions of this ordinance have been renumbered. There were several minor granirriatical modifications`that have been made. Budget Issues: There are no budget issues to consider. i CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12�' day of January 2009, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider amendments to Chapter 5 of the City Code of Ordinances. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569=3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE OF ORDINANCES THE CITY COUNCIL OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA, DOES ORDAIN AS FOLLOWS CHAPTER 5- FIRE DEPARTMENT AND FIRE PREVENTION Section 5-100. PURPOSE. It is the purpose of this ordinance to provide for and maintain a voluntePr fire departmen# comprised of part-time members and full-time members as authorized by the City CounciL Section 5-101. ESTABLISHMENT AND CONTINUATION. Pursuant to the charter of the City of Brooklyn Center, in order to prevent and suppress fires, to protect lives and property within the City, and to promote the health, safety and welfare of its citizens, the City Council of the City of Brooklyn Center hereby continues and establishes a department of City government known as the Brooklyn Center volunteer fire department. D r+,...,o„+� a��.-�.�.-.�r+ a rr�� r° r��" r^� ��a The Fire Department will consist of a Fire Chief, one Assistant, two District Fire Chiefs, and no less than 40 firefighters C', G 1(1'� TI�L`TATTTTlIATQ ARTTI f''T�'T�T�D A T DUl1TITCT1lATC' v�.cch�n�- rv-z'rrz o��r� �e�'i-�t* rr� �+l- lt 1 KbL r V n r nii b i Q „f.,.�o ,.�ao,- b o 0 G� o 0 i i Qi f� 4.� �I .F.i iM S{�+ f. c> cd .-4� c:i 'G3 Ci c,3 E,� ci j 'L3 c�i i i i ,..�+,,o „+o aor.,,��,.,o„+ c�� c� nti n��rr�v c t�o,.,,,,,o ,.��,.o,. 1l„�, n��;n.,,,.,o„��, T., ,,,.,a.,r,.v �d��t- �1, 1. �7, ,,,-o,..,�1_ ,.f �L,o �,.o .a 1, .a t,. �1, o o,10 o a„ a ��B£� ,.L.;o�.,,�..a +L,o �,-o ..L,;v� rr�., �@E�28ir�� .7 �l,.,ll l.o rlo�..,-;1,oa 11.,.<.�• ..aw....a.....,. Y�.. 7 7 4� 4� i�l�.:nl. nxr�.�i.nn4;�v. n�n r rr fl«„I� D 1 U ,�in .1 D T.` �1, .�t;., �c e 1- 1�. 11 'f+ .+la o.�4.i1 r� .�vaui Y f r r t p 'i 't0 c�i .5+� �'a R� ii t�! V L, G� L� c� c� w 'VS ci> cd .4) c �+=gx�a�ie� Section 5-102. FIRE CHIEF; DUTIES. I �I The Chief is the executive head of the Fire Department and serves as Fire Marshal for the city. The Chief is appointed by the Ciiy Manager. The Fire Chief is also the head of the Bureau of Fire Prevention of the city and has full authority to execute all laws, ordinances and rules relating to fire prevention, fire fighting and the Fire Department of the city. The Chief is responsible for the training and discipline of inembers of the department and for the organization thereof as an effective firefighting unit; the Chief keeps records of all fires and EMS calls. The Chief is responsible for compliance by the Fire Department and members thereof with all the laws, ordinances and rules established by the City Council and for directions received from the City Manager relating to the Fire Department. Section 5-103. APPOINTMENT OF ASSISTANT/DISTRICT FIRE CHIEFS. The positions of Assistant/District Fire Chiefs are appointed by the Fire Chief and approved by the City Manager. Section 5-105. FIRE MARSHAL. The office of the Fire Maxshal is held by the Fire Chief. The Fire Chief may appoint investigators/inspectors to assist and carry out the functions or responsibilities of the position under the direction of the Fire Marshal. The Fire Marshal is charged with the enforcement of all ordinances aimed at fire prevention and has full authority to inspect all premises and cause the removal or abatement of all fire and life safety hazards. Section 5-106. DISCIPLINE. The Fire Chief shall have the authority to suspend/terminate any member for refusal to obey orders or for neglect in the member's duties as outlined in the fire department rules and regulations or for cause. Terminations shall be made with the approval of the City Manager. Section 5-107. AUTHORITY OF ASSISTANTlDEPUTY FIRE CHIEFS. In the absence or disability of the Fire Chief, the Senior Assistant/District Fire Chief must perform all the functions and exercise all of the authority of the Fire Chief. Section 5-108 QUALIFICATIONS OF PERSONNEL. Each firefighter must be not less than 18 years of age and live within 4-6 minutes from the fire stations. T'hey become members of the Fire Department only after a one year probationary period and meeting Fire Department requirements. Each candidate, before becoming a reserved ical examination and firefi hter must com lete and ass a s cholo ical exam, ability test, phys g P P PY g criminal background check. All firefighters are selected by the Board of Officers with approval by the Fire Chief. Section��: 5-109 REGULATIONS GOVERl�IING CONDUCT AT THE SCENE OF A FIRE EMERGENCY. a. Traffic: No person shall drive any vehicle over an unprotected fire hose except at the direction or command of a police officer or member of the fire department._ Upon the approach of any fire department vehicle giving signal by bell, siren, horn, or flashing emergency lights, the driver of every other nonemergency vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb of the street, clear of any intersection, and shall stop and remain in such position unless otherwise directed by a police officer or a member of the fire department, and until the fire department vehicles have passed. It shall be unlawful for the driver of any nonemergency vehicle to follow closer than 500 feet to any fire apparatus traveling in response to a fire alarm, and it shall be unlawful to drive into or park such nonemergency vehicle within the block in which such fire apparatus has stopped in answer to a fire alarm, unless permitted or directed to do so by a police officer or member of the fire department. b. Snectators at Emer�encv Scene: The officer of the fire department in command at the scene of any fir� or other emergency shall have the authority to establish an emergency zone within which no person except members of the fire department, police department, or autharized members of the emergency preparedness department shall enter, unless directed or permitted to do so by such officer in command. No unauthorized person sha11 enter upon the premises which is the scene of a fire or alarm of fire, or other emergency, unless and until directed or permitted to do so by the fire department officer in command. c. Removal of Pronertv Endan�ered bv Fire: The fire department officer in command at any fire or other emergency shall have power to cause the removal of any property, whenever it shall become necessary for the preservation of such property from fire, or to prevent the spreading of fire, or to protect adj oining property, and to that end he may enter or authorize any member of the fire department to enter any premises for the purpose of carrying out the intent of this subdivision. d. Police Powers of Fire Debartment Personnel: At all times when the fire department is engaged in traveling to a fire or to the scene of an alarm of fire, or is present at a fire, or the scene of an alarm of fire, or other emergency, all officers of the fire department shall be vested with police powers and authority to enforce the provisions of this ordinance_-a�l-�e The fire department officer in command at the scene of a fire or a rescue emergency shall have the authority to direct the operations of all police and emergency preparedness personnel present at the scene. The fire chief or the fire chief s designated representative is hereby vested with all police powers necessary to investigate the cause, origin and circumstances of any fire, or alarm of fire, or other emergency requiring the attention of the fire department. Section 5-� 5-110. TAMPERING WITH FIRE ALARM SYSTEM AND ISSUING FALSE ALARMS. It sha11 be unlawful for any person to tamper with or in any way interfere with any element of any fire alarm system within the City. It shall be likewise unlawful for any person to issue, or cause to be issued, an alarm of fire or other emergency condition when no fire or emergency condition exists. Section �-1-�-'�r. 5-111. OBSTRUCTION OF FIRE HYDRANTS. No person shall paxk any vehicle in such a way as to obstruct a fire hydrant. The stopping or parking of a vehicle within 20 feet of a fire hydrant shall be deemed an unlawful obstruction of such hydrant. Section 5-112. �4 PENALTIES. Any person violating the provisions of Section 5-109. through 5-111.�� of this ordinance shall, upon conviction thereof, be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Section 5-200.�- ADOPTION OF FIRE PREVENTION CODE. a. Purpose and Intent of Fire Re�ulations: It is the purpose and intent of the fire regulations to promote high standards of quality in the construction and maintenance of buildings, to improve the tax base with well constructed and well maintained buildings, and to enhance the value and condition of property within the City of Brooklyn Center. It is not the intent of these fire regulations to provide compensation to victims of fire, to guarantee absolute compliance with all fire regulations, or to indemnify owners of private property against loss occasioned by their failure to comply with fire regulations. b. Adoption of Codes and Standards: There is adopted and incorporated herein by reference as an ordinance of the City: 1. International� Fire Code Adopted. The International� Fire Code as promulgated by the International Code Council incor�orated 2006�'�� r°~�° �•�a• n�� i a�x� �:..o r�i,;o� n �r oo� Edition3togetherwith u�.�.. Appe11d1CeS �-�-B �--C TT A TT T2 TT D TTT A TTT R TTT T�7 A T�7 R VT A VT L2 �-E. F. G; and Minnesota State Fire Code Rules and Amendments referred to as the 2007 Minnesota State Fire Code, hereby �a° ;�'�°r°°�°r referred to as the IFC.a��°� �a'—�:��•; �4--�-0-�i n ��iz ��r� ��r� i, r, .,,,a i� -�-��;-�l; a+t� a• a�. �t, �.r 4' 1 L" D n �n, [SSG S PATI'O'IZQ�1' 11ti 1 °rr- �oc �=,.N, 1, _„+"o�:_ c. Godes on file: The fire chief shall file one (1) copy of the International Fire Code �^"s'='-,— his/her office and a copv of the State of Minnesota Anpendices and Amendments. Copies shall be kept available for public inspection. d. Definitions: l. Whenever the word "jurisdiction" is used in the IFC� it sha11 mean the City of Brooklyn Center. 2. Whenever the term "corporate counsel" is used in the IFC,�� it shall mean the attorney for the City of Brooklyn Center. 3. Whenever the term "chief' is used in the IFC.i� it shall mean the chief of the Brooklyn Center fire department or his designated representative. Section 5-201.��: ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION. 1. The fire prevention code shall be enforced by the bureau of fire prevention in the fire depa.rtment of the City of Brooklyn Center, which is hereby established and which shall be operated under the supervision of the chief of the fire department. 2. The fire chief or the fire chief s designated representative shall be in charge of the bureau of fire prevention. Section 5-202.�: MODIFICATIONS. The fire chief shall have power to modify any of the provisions of the fire prevention code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the fire chief thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. Section 5-203.3-�A4- NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The city manager, communitv develonment director �ee�i�r, building official, fire inspector, and the chief of the fire department shali act as a committee to determine and specify, after giving affected persons an opportunity to be heaxd, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said code. The fire chief shall post such list in a conspicuous place, upon approval or denial by the committee, and distribute copies thereof to interested persons. a. A�,peaL• Whenever the committee shall disapprove an application or refuse to grant the permit applied for, or when it is claimed that the provisions of the International� Fire Code do not apply, or that the true intent and meaning of the Code has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the committee to the City Council, within thirty (30) days of the date of the decision. b. Permit Fees: The fees for any permit required by this ordinance and for each annual renewal thereof shall be established by resolution by the City Council of Brooklyn Center. All permits, unless otherwise noted, shall expire one year from the date of issuance. c. Amendments to the IFC.:� 1. If doors in fire corridors, separation walls, fire doors, or smoke barrier doors are needed to �e kept open, they shall be held open by electric magnetic door holders that are controlled and released by the trip of a smoke detector or sprinkler head that covers the entire building. The approval of the fire chief is needed for this modification�e��i�e-��e� to a building. d. Minimum Standards: Whenever the IFC� fails to be specific about a device or appliance, it sha11 have a minimum standard of being UL "Underwriter Laboratory" approved. e. Fires and Barbecues on Balconies or Patios: In any structure containing three or more dwelling units, no person sha11 kindle, maintain, ar cause any fire or open flame on any balcony above ground level, or on any ground floor patio within fifteen (15) feet of the structure. l. Fuel Storage Prohibited: No person shall store or use any fuel, liquid or compressed gas, barbecue, torch, or other similar heating ar lighting chemical or device in the locations designated in subsection (e). 2. Exception: Listed electric or gas-fired barbecue grills that are permanently mounted, wired, or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of 18 inches on all sides, unless listed for lesser clearances, may be installed an balconies and patios when approved by the fire chie£ Fire Alarm Svstems and Smoke Detectors: 1. Standards for installation, inspection and maintenance of the fire alarm system shall be according to standards in IFC.�� 2. Whoever shall render a smoke detector or fire alarm system inoperable by removing the battery or disconnecting or dismantling the detector, or fire alarm system, in any rental, commercial or business unit is guilty of a misdemeanor. 3. All battery-operated smoke detectors shall be removed from all rental units and replaced with smoke detectors hard wired into the units' 110 volt electrical system by December 31, 1993. g. Incident Control Costs: Every person, firm, or corporation that is not a resident of the City or the owner of real property in the City subj ect to real property taxes, shall be liable for all incidents or preventing the spread, or extinguishing any fire caused by or resulting from his, her, or its acts, negligence, or omissions: The fire chief shall keep a record of the cost, including wark done by firefighters and other City employees and equipment. The fire chief shall then bill the person, firm, or corporation liable for the fire. No license of any person, firm, or corporation liable for the expenses incurred in fire control as provided above shall be renewed if the licensee is default in payment of any bill hereunder. h. Interoretation and Conflict with the Minnesota State Buildin� Code:. In the event of a conflict between the rovisions of the I.F.C.� or the Minnesota State Buildin� Code� p and the provisions of this ordinance, the more stringent provisions shall apply, provided, however, that no provision of this ordinance shall be interpreted to exceed the requirement f the Minnesota State Buildin Code as ado ted b the ordinance of the City of Brooklyn o g P Y Center. i. Open Burnin�: 1. Exce t as authorized in this section, open burning of any material is prohibited. This P rohibition does not a 1 to burning conducted by governmental authorities P PP Y who�� have secured permission from the fire chief or to outdoor cooking using only propane or charcoaL 2. Outdoor recreational or cooking fires may be permitted subject to the following requirements: t, a +o a. `=y ".r r o a a c c onm t� o �i- r cia ��crrvr�'varrrirr�rir D y �y-�� ii• c i.� a;f' a in� �;,.o� i „�t, t a� All fires must be in an approved outdoor fireplace or a pit which is at least one (1) foot below grade. A pit must be located at least fifteen (15) feet from buildings, fences, properly lines or flammable materials. Pits may be no more than three (3) feet in diameter and the outside edge shall be ringed with brick or rock. Commercially manufactured-s�ee� outdoor fire pits may be used provided they are not more than three (3) feet in diameter. b.E Only clean dry wood may be burned. �xT a��+��+�� a No leaves, trash, treated or painted wood or any other materials may be burned. All burning material must be contained in the pit at all times. c.�: Fires shall be so managed and maintained that fires do not exceed three (3) feet above the fire pit, and persons are able to stand within four (4) feet of the fire. d.e: The fire shall be attended by an adult at all times and must be extinguished when unattended. An adequate source of water must be available at the pit for extinguishing the fire. Prevailin� wind conditions shall be less than 10 miles �er hour and shall not e. direct smoke toward other nearbv residences. Outdoor recreational fires are �ermitted between the hours of 8:00 a.m. and midni�ht. All fires must be comoletelv extin�uished bv midni�ht. No recreational fire shall be nermitted when the citv or Minnesota Denartment of llv declared a"burning ban" due to notential fire Natural Resources has officia conditions, or when the Minnesota Pollution Control A�encv has declared an air aualitv alert. n �i. u ,.irt<,,, ro„� u,.a ,ao ,,..�,.,o„�_.,..,,�+ cc��lc��c�i [T� �ll��ii�� N F. A 1� 4 ti. 4 l. ra 4�. ti. r. n b h. The fire chief is authorized to require that recreational fires be immediately extinguished if it is determined by law enforcementt�e—��°� or the fire department a°�;�-~"+°a �b°::� that the fire constitutes a dangerous condition, or causes undue hardshin on neiehborin� residences.•�t�C,�� a o,.,..,:+ „a•�;,. Failure to D r N�a comply with any provision of this Chapter, or r------- with an order of law enforcementt�e-�=� or the fire denartment�� a��;� °^°^4 is a violation of this section and subiect to a fine. Section 5-204.�� RIGHT OF INSPECTION. The chief of the Brooklyn Center fire department or any member of the fire department designated by the fire chief as an inspector may, at reasonable hours, enter any building or premises for the purpose of making any inspection which the fire chief deems necessary to be made. Section 5-205.�-�9F>: INSPECTOR'S DUTIES. Whenever any such o�cer or inspector shall find in any building or upon any premises or other place: a. combustible or exolosive matter or dan�erous accumulation of rubbish or unnecessar�� accumulation of waste oaner, boxes. shavin�s or anv hi�hlv flammable materials, and so situated as to endan�er probertv, or b. shall find obstructions from anu source whatsoever. includin� materials. articles ar merchandise. to or on fire escaoes, stairs, corridors, or doors, liable to interfere with the oneration of the fire devartment, or eeress of occunants, in case of fire, or c. shall find any condition on said premises which is so likely to cause fire as thereby to seriously endanger property or human life, or d. shall find at an remises a violation of an ordinance of this City or law of the State of Yp Y Minnesota the continuing violation of which creates a fire hazard, then such officer or inspector shall order the saxne to be removed or the condition remedied. Section 5-206.�-� DUTY TO CORRECT HAZARDOUS CONDITIONS. Such order shall forthwith be complied with by the owner or occupant of such premises or buildings, subject to appeal within twenty-four hours to the City Council of the City of Brooklyn Center, who shall within 15 days review such order and file its decision thereon, and unless the order is revoked or modified it shall remain in full force and be obeyed by such owner or occupant. Any owner or occupant failing to comply with such order within 10 days after said appeal shall have been determined, or if no appeal is taken, then within 10 days after the service of the said order, shall be liable to a penalty as hereinafter provided. Section 5-207.�-�9� SERVICE OF INSPECTOR'S ORDER. The service of any such order shall be made upon the occupant of the premises to whom it is directed by either delivering a true copy of same to such occupant personally or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises by affixing a copy thereof in a conspicuous place on the door to the entrance of the said premises. Whenever it may be necessary to serve such an order upon the owner of the premises, such order may be served either by delivering to and leaving with the said person a true copy of said order, or, if such owner is absent from the jurisdiction of the officer making the order, by mailing -such copy to the owner's last known post office address. Section 5-208.�9�: NOTICE OF HAZARDOUS CONDITION POSTED ON BUILDINGS. Whenever any building of a public nature, or which is used for commercial purposes, or for any other purpose other than a private or two-family dwelling, is found to be unsafe for any reason set out in Section 5-206, and the hazard thereof is so imminent as to place human life in immediate jeopardy, the inspecting officer shall post or place at the principal entrance of such structure a notice stating that it is in a dangerous condition; and it shall be unlawful for any person to remove such notice without his written permission. If the owner or person in charge of such building or structure, when notified, shall fail to place the same in a safe condition or to adopt such emergency measures as shall have been directed within the time specified, it shall be unlawful for any person, firm or corporation to occupy or use said building or structure until it has been rendered safe. Section 5-209.�A: WATER OUTLETS REQUIRED. On all commercial, industrial and other nonresidential construction which is supplied with an adequate well there sha11 be provided a four inch outside water fitting with frost-free valve so located as to be easily accessible for connection to firefighting equipment near to an alley or road. It shall be so constructed that it can be easily operated from the outside at all times. Section 5-210.` PENALTY. Any person violating any provision of this ordinance shall, upon conviction, be punished by a fine not exceeding one thousand dollars ($1,000) or imprisonment not exceeding ninety (90) days or both, together with the costs of prosecution. The hazardous condition that invoked the penalty shall be remedied within a reasonable specified time; failure to do so shall constitute a sepaxate offense. I ESTABLISHING FIRE PREVENTION PROVISIONS, IN 1NDUSTRIAL, C�NIMERCIAL. AND RESIDENTIAL DISTRICTS. Section 5-300.�-�&k FIRE PREVENTION POLICY STATEMENT. It is declared to be the policy of the City of Brooklyn Center to vigorously promote the safety and welfare of its citizens. In this context, the traditional approach to fire service--suppressing fires once ignited, rescuing survivors, and too frequently exposing firefi�hters� to physical danger and death, all at a disproportionately high community investment of resources in manpower and equipment--is declared unacceptable vr Brooklyn Center. Rather, it is the fire safety policy of the City of Brooklyn Center to efficiently utilize its resources and maximize life, safety, and citizen welfare by requiring that fire prevention and extinguishing systems be built into certain new structures. Thus, the effectiveness of the Brooklyn Center volunteer fire department is enhanced and extended at a lower cost to the citizenry, life safety is allocated a priority at least as great as property protection, and the owner cost of built-in fire protection is partially or wholly repaid in savings on initial construction costs and annual fire insurance premiums. Section 5-301.�-�8-� FIRE EXTINGUISHING SYSTEMS REQUIRED. Every story, basement, or cellar in every building hereafter erected in the I-1 (Industrial Park), I-2 (General Industry), C1 (Service Office), C 1 A(Service/Office), and C2 (Commerce) zoning districts shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions of the Sprinkler Standa�d, N.F,P.A. No. 13. Every story, basement, or cellar in every building exceeding three stories in height hereafter erected in any residential (R1 through R7) district shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions of the Sprinkler Standard, N.F.P.A. No. 13. The fire extinguishing system shall be connected to a central station system approved and listed by Underwriters Laboratories, Inc. and shall remain so connected and maintained during the life of the building. Exception: Buildings having a gross floor area less than 2,000 square feet shall not be required to install a fire extinguishing system, provided each story of the building has at least 20 square feet of opening above grade in each segment of the 50 lineal feet of exterior wall on at least one side of the building. Section 5-302.�-�8�-: VARIANCES (ADJUSTMENTS). The procedure for obtaining a variance from the requirements of this ordinance shall be the same as set out in Section 35-240 of the ordinances of the City of Brooklyn Center. The boaxd of adjustments and appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the specific property or use under consideration. The provisions of this ordinance, considered in conjunction with the unique and distinctive circumstances related to the property or uses thereof must be the proximate cause of the haxdship; circumstances caused by the property owner or the applicant or a predecessor in title shall not constitute suff'icient justification to grant a variance. A variance may be granted by the City Council after demonstration by evidence that all of the following qualifications are met: I 1. A particular hardship to the owner would result if the strict letter of the regulations were carried out. conditions u on which the a lication for a variance is based are unique to the parcel 2. The p pp 11 mmon enera e not co of land or the use thereof for which the variance is sought and ar g Y to other property or uses thereof within the same zoning classification. 3� The granting of the variance will not be detrimental to the pubiic welfare or injurious to other property or improvements in the neighborhood. Section 5-303.�-�A4. PENALTY. Any person violating the provisions of this ordinance shall; upon conviction, be punished by a fine not exceeding one thousand dollars ($1,000) or imprisonment not exceeding ninety (90) days or both, together with the costs of prosecution. EMPOWERING THE CHIEF OF THE FIRE DEPARTMENT TO ESTABLISH FIRE LANES AND PRESCRIBING A PENALTY Section 5-400.�-48�: ORDERS ESTABLISHING FIRE LANES. The bureau of fire prevention is hereby authorized to order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be interfered with, and that access to fire hydrants or buildings may not be blocked of£ When a fire lane has been ordered to be established, it shall be marked by a sign bearing the words "No Parking--Fire Lane" or a similax message. When the fire lane is on a public property or a public right-of-way, the sign or signs shall be erected by the City, and when on private property, they shall be erected by the owner at his own expense within 30 days after he has been notified of the order. Thereafter, no person sha11 leave a vehicle unattended or otherwise occupy or obstruct the fire lane. Section 5-401.�-4A� PENALTY. Any person violating any provision of this ordinance or any order made pursuant thereto, shall be guilty of a misdemeanor and sha11 be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, with costs of prosecution in either case to be added. Each day's violation after notice thereof shall constitute a separate offense. Section 5-500.3-�8-�-. INSPECTIONS OF VENTILATION SYSTEMS. Cleaning. Any persons, firms, or corporations performing ventilation system cleaning in the City of Brooklyn Center shall, prior to ventilation system cleaning, at least five days in advance obtain a permit from the Bureau of Fire Prevention for each job and pay a permit fee as established by resolution by the City Council of Brooklyn Center. Upon completion of each job, said persons, companies, or corporations shall notify the Bureau of Fire Prevention of the completion of the job and prior to leaving the job site, allow for inspection of work by a member of the Bureau of Fire Prevention. Section 5-501�. PROHIBITED VEHICLES. It shall be illegal to park, store, or leave unattended on any street, highway, avenue, alley or parking lot within the limits of the City of Brooklyn Center any vehicle carrying flammable or combustible liquids including, but not limited to, LP or propane, or containing explosives or blasting agents, or containing hazardous material or poisonous gases. This shall not prevent a driver from transferring the product to or from the vehicle or a necessary absence from the vehicle in connection with the driver's normal dutie�, nor shall it prevent stops for meals. Vehicles that have become disabled due to mechanical failure must be removed within three hours. Section 3. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of 2008. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) i �orl� �►�e�sion ��e�d�. y n� AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION November 24, 2008 llowin Re ar Cit Council and EDA Meetin s Which Start at 7:00 P.M. Immediatel Fo g Y g Y Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Council Agenda Order of Business City Council 2. Super America Quarterly Update City Council 3. Drug Free Housing Lease Addendum Councilmember Yelich 4. Sidewalk Vacation Halifax Avenue Councilmember Yelich 5. Employee Use of Community Center City Manager 6. Community Survey City Manager 7. Vacant Building Fees City Manager Pending List for Future Work Sessions 1. Three Rivers Park District Plan 2. Adult Entertainment Establishments 3. Rental Housing Plan Update 4. TIF Districts Update City Manager 5. 2011 Brooklyn Center Celebration Status Report 6. Public Safety Annual Report 7. Shingle Creek Daylighting Plan �Vork �e�sion Agenda It�m l�o. l -_J City of Brooklyn Center A 1Vfillennium Community MEMORANDUM COUNCIL WORK SESSION DATE: November 20, 2008 TO: Brooklyn Center City Council FROM: Curt Bogaj�� SUBJECT: Order of Business COUNCIL ACTION REQUIRED The council indicated a willing to consider a change in the order of business as it relates to Council Reports. BACKGROUND The matter was discussed at the last Council Study Session. I have enclosed a copy the Council Policy establishing the order of business for Council meetings. COUNCIL POLICY ISSUES The public be better served with a change in the Council meeting order of business? 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityo fbrooklyncenter.org SECTION I- CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES City Council Code ofPolicies 11. Rulings of Presiding Officer Final Unless Overruled The Presiding Officer shall decide all questions or interpreta.tion of these rules, points of order, or other questions of procedure requiring rulings• Unless overridden or suspended by a majority vote of the Council Members present and voting, a ruling shall be final and binding for purposes of the ma.tter under consideration. 1.4 Order of Business a11 be as contained in the agenda prepared by the City The order of business of each meetmg sh Manager. The agenda sha11 be a listing of subjects whicl� sha11 be taken up for consideration in the following order: 1, Informal Open Forum with City Council 6:45 p.m. 2. Invocation* 7 p•m. 3. Call to Order Regular Business Meeting 4. Roll Call 5. Pledge of Allegiance 6. Council Report 7. Approval of Agenda and Consent Agenda 8. Presentations 9. Public Hearing 10. Planning Commission Items 11. Council Consideration Items (includes ordinances, resolutions, discussion items) 12. Adj ourn.ment *AlI members of the City Council shall share equally in the responsibility for determining who shall be permitted to deliver said invocations, and s�e d Tvoc�atio pl �hc 1�1 not exceed two minutes m length, nor shall said invocations Y P message, but instead will stringently adhere to the concept of what an invocation, by definition is, which is, a petition for guidance, and lastly that any reference to a deity in any invocation shall use the inclusive term `�God" which is the bre aGb�asedand s a.lso the used in our nation's Pledge of Allegiance, one nation und term u5ed on our currency and coins, "IN GOD WE TRUST." References City Council Resolution Nos. 2001-146; 98-28; 97-176; 97-12; 96-162 1.5 Varying Order The order of business may be varied by the Presiding Officer. �1 hea�r�in H a�S C heduled at one at the time specified in the notice of hearing unless several public S time; in that event they sha11 be heard as soon thereafter as practicable. page 106 City of Broaklyn Center �VVo��. �e��iQn .�gend�: Ite�n l'�c�. MEMORANDUM COUNCIL WORK SESSION DATE: November 21, 2008 TO: Brooklyn Center City Council FROM: Scott Bechthold SUBJECT: 90 Day Assessment of Super America Performance Plan COUNCIL ACTION REQUIRED The following council item is for information only and no action is required. Commander Kevin Benner will be present at the November 24, 2008, Council Work Session to discuss this item further. BACKGROUND In August, I discussed with Council a five point strategy to address the high calls for service at each of the three Super America locations in the City. The strategy was part of a problem solving partnership between the Police Department and Super America management. An analysis of the work and results for the past 90 days has been collected and evaluated. The five point strategy and 90 day summary is as follows: 1. SA staff will conduct a top to bottom security review of all three properties. As reported in the 45 day review, Casey Jones, the safety and security director for Super America, has worked closely with CPS Becky Boie to conduct a Crime Prevention through Environment Design (CPTED) evaluation. Mr. Jones has made several changes within each of the Super America's that operate in the city. These improvements include lighting, proper signage to include trespassing signs, and interior changes to provide for better monitoring. Becky Boie is satisfied that each store has improved its design and functionality to provide for a safer environment. 2. SA funded directed patrol initiative. The security detail at the Super America at 6950 Brooklyn Blvd. consists of officers working an overtime detail on Thursday, Friday, and Saturday. The hours officers work are from 7:00 pm to 1:00 am each of those days. That detail is 100% funded by Super America. The security detail is augmented by on-duty officers patrolling the entire mall area and utilizing spot checks to document incidents and time spent in area. 3. A complete analysis of each property to include calls for service (CFS) and Part I crimes. (See attachment for a more complete statistical review of all three stores) Overall calls for service at 6950 Brooklyn Blvd. decreased by 46.55% over the same time period in 2007. Overall calls for service at 6545 West River Road decreased 26.32% compared to 2007. Overall calls for service at 5701 Logan Ave. shows no change in calls for service compared to 2007. 4. SA will conduct an employee performance audit at the Brooklyn Blvd. location to ensure accountability with SA policy and procedures. All new emptoyees and managers are thoroughly trained in store policy and guidelines concerning safety and security measures. Staff changes and employee training is closely monitored by Casey Jones. S. CPS Boie will conduct neighborhood meetings to update residents around the Brooklyn Blvd location on agreed upon action plans and the results of the 90 day assessment period. CPS Boie has conducted several neighborhood meetings to discuss concerns and update residents on progress of the agreed upon strategies. A December meeting is planned to discuss the 90 day assessment. Overall, the Super America management team has been receptive to the concerns that have been brought forth and have cooperated with the five point plan. Super America has invested not only time, but money to ensure extra security measures have been implemented to alleviate problems. Cornmander Tim Gannon and CPS Boie will continue to monitor all three locations to ensure compliance. 6950 Brooklyn Blvd �Sept 1-Nov 20 OS �Sept 1-Nov 20 07 19'o Change �Sept 1-Nov 20 08 �Sept 1-Nov 20 06 f% Change Homicide I 01 0l n/al ol 01 n/a Rape 0� 0� n/a� 0� 0� n�a Robbery I 01 01 n/a� 01 0� n/a Aggravated Assault 0� 0� n/a� 0� n '�i1��,�4�T�� c.,� f �r ��s ��I��'�,.. .��w��: ��wr� x��b .�t�: i!� v,� �.u. 0� n/a� Burglary 1 0�. 01 n/a� 0� I 0 0.00%� 1� 3� -66.67% Larceny 1� 1 �AutoTheft I 0 n/aI OI n a Arson 0� 0� n{a� 0� 0{ �Tota��Seri�i��rrrr�� a� �k �.�w p �0%� �3 ��-�i��'i�� y 11� 0•QO(� 1� f l�o�al �ar,� Tota`I�,�a�Isfor�Serv�ce* 31� 58� 46.55�� 31�� 4Q� .:=2�,5p'I'g *Does not indude Spot Check Calls 6545 West River Rd ISept 1-Nov 20 08 �Sept 1-Nov 20 07 Change �Sept 1-Nov 20 08 �Sept 1-Nov 20 06 Change Homicide I ol ol n/al 01 01 n/a Rape 0� 0� n/aI OI OI n/a Robbery 0� 01 nJa� Of 0� n/a AggravatedAssault 0� 0� n/a� 0�� 1� 10000% �#��iG��'��`lIV1fE�� '��,�,.4��. ;��1�?�� T Burglary I 01 01 n/a� 0� 0� n/a Larceny 2� 6� -66.67%) 2� 1� 100.00% AutoTheft 0� 0� n/a� 0� 01 n/a Arson 0� 0� n/a� 0� 0 n a �o��Dt1s�t?�� z��x 2�� y� 6��'r��s� 2� �t7� 3ii�'I� �rim�r� :.�2 z� ��:�7�� j 5� �8�- -25.32°l0 28� ��4� 1� "f'atal Ga�ls for �er�rtce 190157th Ave N ISept 1-Nov 20 08 ISept 1-Nov 20 07 I% Change �Sept 1-Nov 20 08 �Sept 1-Nov 20 06 Change Homicide 0� 0� n/a� 0� 0� n/a Rape I 0� 0� n/a� 01 0� n/a Robbery 2� 0� n/a� 2� 0�, n/a Aggravated Assault I 0� 0� n/a� 0� 0� n/a c .�.^��.5 �s��-�:..;� ��r��.f �F. S.."".. �n��,�„'��,, a a�;,,_,,..., Burglary I O1 Oi n/al 01 0� nia Larceny 3� 4 -25.00%� 3� 1� 200.00% Auto Theft 0� 1-100.00%� 0� 1� -100.00% Arson 0� 0� n/a� 0� �{��t��3�iu5�,.: ��3�.� QO°�a.�� 3�� s€ 0 �e� .�St� f 5 4 p� �s y ti� �s�� s r �}�}��1 j i� a� 3s�� Q7 Trata� C�ls,fa,r Se�c�e�` ..��r I �?_t��%� •�1.01 ��y:<, .r. a�, F _�}Oj �tD �o�k Ses�i��n Ager�d� �t�em,��. �3� MEMORANDUM COUNCIL WORK SESSION DATE: November 20, 2008 TO: Brooklyn Center City Council FROM: Scott Bechthold SUBJECT: Lease Addendum for Crime-Free/Drug-Free Housing COUNCIL ACTION REQUIRED The following council item is for information only and no action is required. Commander Kevin Benner will be present at the November 24, 2008, Council Work Session to discuss this item further. BACKGROUND Lease addendums are a vital part of the Crime Free Multi-Housing Program in an effort to keep illegal activity off rental property. It is one of the many viable tools of this police sponsored and highly successful crime prevention program. A lease addendum is a civil contract between a landlord and tenant, whereby the rental applicant agrees prior to tenancy to abide by the rules of the property and not to participate in or allow criminal activity to occur within their sphere of influence. If the tenant does commit or allows specific criminal acts to be committed on the property, it will result in the immediate termination of the resident's lease. In 2002, the Department of Housing and Urban Development prevailed when they petitioned the Supreme Court to uphold the Crime Free Lease Addendum against a tenant involved in drug activity. {Department of Housing and Urban Development No-00 1770 argued February 19, 2002—Decided March 26, 2002} In Brooklyn Center, we have strongly encouraged rental properiy owners and managers to use the Crime Free Lease Addendum. It is recommend that the document be presented to a prospective tenant at the onset of the application process and not after a lease has been entered into. However, complexes that participate in the Crime Free Multi Housing Program, the Crime Free Lease Addendum is a required component. BUDGET ISSUES: None. Attachment: Lease Addendum for Crime-Free/Drug-Free Housing LEASE ADDENDUM FOR CR/ME-FREE/DRUG-FREE HOUS/NG In consideration of the execution or renewal of a lease of the dwelling unit identified in the lease, Owner and Resident agree as follows: 1. Resident, any members of the resident's household or a guest or other person under the resident's control shall not engage in illegal activity, including drug-related illegal activity, on or near the said premises. "Drug-related illegal activity" means the illegal manufacture, sale, distributio,n, purchase, use or possession with intent to manufacture, sell, distribute, or use of a controlled substance (as defined in Section 102 or the Controlled Substance Act [21 U.S.C. 802]) or possession of drug paraphernalia. 2. Resident, any member of the resident's household or a guest or other person under the resident's control shall not ensa�e in anv act intended to facilitate ille�al activitv, including drug-related illegal activity, on or near the said premises. 3. Resident or members of the household will not oermit the dwellin� to be used for, or to facilitate illesal activitv, including drug-related illegal activity, regardless or whether the individual engaging in such activity is a member of the household. 4. Resident or members of the household will not engage in the manufacture, sale, or distribution of illegal drugs at a� locations, whether on or near the dwelling unit premises or otherwise. 5. Resident, any member of the resident's household, or a guest or other person under the resident's control shall not en�a�e in acts of violence or threats of violence, including but not limited to the unlawful discharge of firearms, prostitution, criminal street gang activity, intimidat�on, or any other breach of the rental agreement that otherwise jeopardizes the health, safety or welfare of the landlord, his agents or tenants. 6. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any of the provisions of this added addendum shall be deemed a serious violation and material non-compliance with the lease. It is understood and agreed that a sin�le violation shall be good cause for termination of the lease. Unless othei-vvise provided by law, uroof of violation shall not reauire criminal conviction. but shall be by the preponderance of the evidence. 7. In case of conflict between the provisions of this addendum and any other provisions of the lease, the provisions of the addendum shall govern. 8. This LEASE ADDENDUM is incorporated into the lease executed or renewed this day between Owner and Resident. (Resident) MANAGEMENT (Resident) by: (Resident) Date signed: Date signed: Resident(s) acknowledge receipt of this addendum by signature of this document. I �'�V�rrk Session Agenda Item l�o. i MEMORANDUM COUNCIL WORK SESSION TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Warks DATE: November 21, 2008 SUBJECT: Sidewalk Vacation Halif� Avenue Recommendation: The Council is being asked to evaluate a request from a citizen to have the referenced sidewalk vacated. The followin is for information onl and no action is required. g Y Background: History A midblock sidewalk exists between Halifax and Grimes Avenues between 69 Avenue North and 71 Avenue North. It is assumed that it was constructed in approximately 1965 or thereafter as part of the Borbendrier's 4 Addition subdivision. The sidewalk is approximately 4-ft wide and is located within an existing 30-ft utility, drainage and walkway easement that was dedicated as part of the original platted subdivision. The sidewalk corulects to the city sidewalk network along Halif� Avenue as well as provides pedestrian access to the adjacent retail area and church/schooL Prior to constructing the sidewalk, there was opposition to this walkway by the adjoiniizg property owners (see attached letters dated 1964). On October 13, 1964, the City Council considered vacation of the walkway easement but instead ordered construction of the 4-ft sidewalk. In 1965, there was a formal petition received by the same four adjacent property owners to vacate the walkway easement due to its claimed burden on the owners of these adjacent properties. A petition in opposition to this vacation was also received from many of the other surrounding property owners favoring the construction of the sidewalk as originally planned. No further council action was found in consideration of the petitions; however, it is apparent the City upheld its original approval of constructing the sidewalk. Utilities Within the aforementioned easement and under the walkway exists a public storn� sewer line that connects the storm sewer systems located within the adjacent roadways. Typically, the City would not allow this easement area to be encumbered by a barrier, fence or other obstructions to ensure adequate access to the City's underground utility for maintenance and repair responsibilities. It is unknown at this time if other private utilities exist within this easement, which may reserve and lay claim to their private statutory rights to this easement. Sidewalk Vacation Halifax Avenue t'aSe City of Brooklyn Center iil Walkway Characteristics Generally, this sidewalk would be eonsidered an important element to a sidewalk network that provides access for a section of residents along Grimes Avenue (29 properties). The route provides good connectivity and a more direct route for pedestrians to the adjacent church and school as well as the retail area to the west. The sidewalk provides a significant safety element by greatly reducing the distance a pedestrian would be required to travel on-street should this sidewalk not exist. Similar to the Halifax/Grimes "mid=block" sidewalk, five ot�er r�id-block walkways exist �vithin the C�ty-- (see attached map). These "mid-block" sections of sidewalk are located in areas where lengthier blocks exist. The width of the sidewalk meets the minimum required width in accordance with the Americans with Disabilities Act. These sections of sidewalk are maintained and plowed by the City. Private fences adjacent to sidewalks are not maintained by the City. Other typical amenities similar to fences that are installed along sidewalks to provide screening in other areas include dense plantings such as rows of tall shrubs, bushes and/or hedges these would similarly be considered private and would not be maintained by the City. Vacation of Walkway and Easement Removing the concrete sidewalk is feasible. Ty�ically, the cost of the removal would be paid by the requestor. Although not required, should the sidewalk be removed, it would be typical to unencumber the adjacent properties from tl�e walkway easement by vacating the walkway easement the utility and drainage portion of the easement would be required to be retained due to the City's existing utility and potential private utilities located within the easement. City Ordinance 25-701 outlines the vacation standards as follows: Section 25-701. VACATIONS. Any person requesting vacation of any part of cc public street, alley, or easement shall make applzcation to the Director of Public Works or designee using such forms and providing such information as prescribed and shall pay a cash fee, such fee to be established by the Council from time to time. All such vacations shall be made by ordinance. No street or alley or part thereof may be vacafed without the approval of at least four-fifths (4/S) of the members of the Council. As indicated, should the sidewalk be removed, no further encumbrances would be allowed within the easement. This being the case, it would be difficult to restrict or prevent pedestria��s from walking across this area that desire to cut-across, regardless if a concrete sidewalk exists or doesn't. Contrary, should a physical barrier be allowed to divert pedestrian traffic, many pedestrians would simply walk around the barrier and/or take the next "shortest" path, only pushing any undesirable burdens onto other adjacent properties. Budget Issues: Typically, all expenses to remove the sidewalk including any fees and expenses to vacate the easement would be the responsibility of the requestor(s). Sidewalk Vacation Halifax Avenue Page City ofBrooklyn Center Utility Locations 7 e I �i �,1; 4 e a4 a`k 5 a a� i t ss. I' a A =5 �r� 701 70r1 `701-2a y v ��(��I��,�a;,�` P i 7 I� Y: �d �c i x t i w�„ 'Y: g k ry� k p. i M. �n v i T 'k f�,'>. y"4 T .e F Y:.!�. a� 4 3w A �.��a'�` 7012 �r 7013 i�� i 7006 r �x., v 70Z� Z vw*.� 1S� x "„x�t ,��.5 3 r w 1. x p Q ��aM G i i �a n�� J �k I Q T c 3r 700 7 .7 7000 s� r i 2�K e ��`i d �-,LL'?'.�jt ys. .F x..-. ��'f 'y! 1 T�� +.1 ,I '1' y W 3 I s i Q i f,r W b I x��a��., g �x a� f; �e.� ��M� �n;s p r Re r R .s a,.. ,n, A s�'�� x¶��M" ��6942 �"�M 7000 70 1 V 1 v �W N 4 T h y� y k �.x "q j�' I fi. ��P. r .�a I 70TH A�V�E N i�� s ti G K�,�. ��z� r F a a a x 3 R h 6936 '`6937 r a q�� 6936 u�� t k� fi y �4101 a�'�� t� �a k `�`a�' i a� M 'Y 1 a t��,r� �w:� i i�r L� k a +4 k P n y e+ .�°-n.�. a$. I�� r t I �,�:r�,. 'Legend Sidewalk p� Water Main 693�1 ��,��,6 3 Storm Sewer Sanitary Sewer ,3 3 '.4 ,.�;>c,s.'d� tt f ai: r.. mRZ r �l a k`,g� �z� kz h�<; aet .Ma. C+ „e.� c.�4`!�i ��.�k i +'�r�'� r k.a;:; Mw t ��1i i ....:d..�2 �WAe �S `a m [��^��'L��. .tl'� al.� ix A 1� uy 6+ i g ,L a3 f5� 4 a g Ai` :ur.'. t�� a r. ay x E n u*�. i i�. R: �tt.' ;;�r =m u �'a i I 4. 4� d41Pfi�� 4�� t t f �"��.��iv��iE.R�J c:�= t�� i��3 F. I �d L---------.„�------ �N. L1N! O/ 1.01R L� NVDTOIGS 6V�. N=.T'7 f -33C� SDD�� o E �a. _S R iI�- AVE. N. �a 55 „�.�Z n�.36�,o-. r 0 8 r I Ita# �x8^ 3 I R 26 i �I��`� f 5• ClYN N^I 149.4B 3, ISQYL n NH/ �S�'O�/S/ ^b d i` i d'S°'C�°,r� 3 25 2 a 0 0 a 0 o DENOTES IRON MOn�UpnEnfT n -Fr� M5.35 =t' 1?9.L5 O Z I .�I N I ._.HEARINfUS. ARE A99UME0..,.. I 3 x L_ I ��s �i I c� ►.J e m Z' 4 I <f n m W `�v I I 1 �1 `�l`�1]S 1 i 195 oi� 7 I A �y �C< -J t 2Z' I 5 m N I N 1 L� 185 195 V 1 r e�,s I i d x Z� I b I Q s ,�s I_ ��s I U) 1 J 8 7°c�zO R I v �00 7 t �L� vrwrT+� �R�N�.f cqsErrer+ ros I ros I L� n _G I 2 Lu o l N I�J 't Y I B n) I N 7000 700� n �S 7O' AVE.N •W-•• �ss I �ns ------1 i i 'o� I 'e m i e F I ��s W i �1 i ►I �y j I I V F n 1'/ M S r 10 n Z' I I I r Ia3 t 193 I L� u. j 1 I r Y I Cy i C Hs Q i i r� L/ L. Y ,3, �5 i� 5 �R�E 1� I 1 I I IcTOaEa 1959 �g n �Z u .n I I ci U- I ns ins �L u� �I I n I f4 s I l� a I Ll I r 1 _�n.s--J 3 --z,o— 1 I ws9'M'oo�W 5 I L_ W� I W o I I I OUTLOT i I I p I Z,o L_ -900- Nef•1e'oo'w R A/9 w .LtNC LO .N� 37 VV. ei �AL10 KNrWN A3 b9� AYE. N n I r� I A I�IY�\ l�`� rt. r�l�l�� .i� i JI��Ei. I I i,�'t' G 1 �t V'� J�.i�G Septi�b2� w4, ��364 �'la�nar. ��ns�s:�an 9 �illac�� i �rook�yn �ea�er 2� �3�s�o ��ad B�aaY�.�� ;r�tera �ii��eso�a �ubj�ct: '�:to �ilp@�orss�s Wr�li�xa;r �asem��t �S�i3L��i Ei.?: 3�359 ��e course of vil3age planni�g, t,he Planni�g G+omreis�ion aZ t�a� �i�e ,.;�ap�sed t�o ks��oc� �vaii�ay at 7C9th �aad i�a2afax t�sr�ug� ta �ra�ce t,v�:�ueo It is ou:; :�r�de�sta�ding �hat the sole pu�pase �if ��is pla�ned �al�ay �nas to �s��ide �ccess to tt�e c�ildrea �ttendi�g 5t> Alphon�us scho�l� D�ro Si��a�c3 �dli�g pPapos�d this easesnent ihrough ��e ��bendrier and Higp plo��o A� a naz�tt�� of reco�cd, the f�u� prapettg ��r�e�s in t�s� t�ipp acid�.��Qn s�opped t�is �as�me�t frd� b��.e�g �a�e�t �y obta�.n�s�g a co�rt in� �nction. The e�se�aen� ��d been omi�ted f�om t�e or�ga�aa�. plot, the�eb� ea�ahlig�g them �o do �his, B� n$a�i�g this injuxac��i�e� in �orce. these ropePty owners ela.r��ma�ed at leas�C 9�� of �.he i��er�ded puPpose o� the SZe A1phQ�saes schooL �u�llsway Qas��ne�t e td� �nould ��c� �s� as�s �►Q� G��leme� �i� r�a.�� :.s a letter �tating yo�� ce�srent e�n. ot� this :�te f�lp�onsus se�m�ra ��a:�kwaq ea�emen� �ft�r �ro� h�ve �e�ai a�d eval�a�terl ��he �0�.��EAJIYI� �Y:-YQatt!��?O!7 le Pu�a�E: "��e pu�po�� t�as to ha�re ��ces� �hz�ougfi �o �::ar�ce :��r��a�o four pro�e��y �.�lde�-s �n ��imes �ra� �ra�ace in ��e HiPA P� ot ha�e p��ev��t�si thas hy ��-tainir�g the e�r�.ier a�e��foned inja�nctz��, �o I�'�: ��1 tha�: tH.i� ar.�ing �as d�n� w�tho�a� proper cc��aside�atimn of ��e 1��ith ��L3�I$ a�cd �af�ty of �h� an �f t�i�g p�op�a a�uners A six foat wa�dc�uay th�ough au� gropeF�y wo�ld te�d ZQ aLtrae� �h��.dxen fo� mo�� af a p3aygYoua�d �ha� a walkway< As a mat�er of fac�, Qmly t�ao or th�ee Cat�oiic famflies c�oald h�ae �n�e f�r �bis a�alkway o�t Gri�� to s��d t�eir child�� to S�o Rlphc�ns�s �c#�ool.. �i��e a� �x�a�l�n ��r Page 2 �epte�ber 24� I9b4 Brov��yn Ce�te� daes noL have ��ide��l� ordi�a�ce the�efas�e the job of maintai�ifig thas walkuaay �e�ts solel� �aa tke-ad�oining proper�y ov�nersa �s th� proper�ty o�u�e�s, t��e liability for anjuries f'ram s3ippis�g f��.ii�g, collisions Poy children etc> would be fcrced o� cas by this walkvaay. co A sidewa3k would at�ract bicgcle :i�isrs aad coupled wi�h t4�e cangestion of �maYl childr�n using this walk— �eay fo� a playgraund area. L�is u�s�uld �nake a serious hazard frvm �hich accidents �ou�d resalt for which we cauld bccome 2iable. d, This type of area woc�ld also sc;rve as a me�ting plac� for �e�n�gerso VGe vdould not bc: abie to control Lhis as iL �vuld be a public ease�e�t. I�� rega�d ta� �elfare. the v�ll�ge wvuld assess �nly tfie fou� pxopertq a��ers if thi_s �all�ay ever had tc� �e eeelarcged or repaired or a•eplac�d e This is our �a��ers�a�die�g hecause of Lhe lack of side�a�ldc ordi�anc� to p��vide o�I��ruais��, You� cosasi��raeion a�c! prompL reply would be grea�clq ap��e�ia�ed. 5i�ce th� Villag� Cuua�cil wi�l hol� p�ablfc hearing an �c�ober 13th� y��a� pr�fessia�� opin�.on �ould be aa�deed helpful in a;ding t�s cou�cil to rend��r F�ir decisiono Si�cerely �oi,rs, Mro and �r�. l�illiam E. Cuibert '�(DUfr Iialifax Avenue Nort3a �t�o and &�rs. Eu��e J. Sul�ivan ?d?�}T Grimes Avee�ue No�th �I�o and I�rs. Clyele E. ��sderson 7�01 Grf�es �v��ue ?Vor24� �g. and �r�. �artin T. 1Ni�ti� 7d��G' T�aliafax �ivea�u� l�o�tl� i V U �r' 7 TO: The Vi1la.ge of Brooklyn. Center We the property owners at 7006 Halifax North, _�6t�E�Halifax North, 7007 Grimes Norfih, 7001 Grim.es North oppose the proposed walkway between Grim.es a.nd Halifax which adjoin.s our property. This kind of walkway lessens the natural beauty of and appearance of the axea; it would create a catch-all a.n.d playground for -,the surroun.ding axea. In. addition, we feel that there would be an unnecessary invasion of our priva.cyo We call your attention to the fact that there is virtually no foot traffic in this axea. Children who wish to cut �hrough to reach the school yaxd axe, of course, welcome to walk through an area that is now paxklike. At the present time the people imxnedi.a.tely affected axe welcome to cut �hrough the .yaxds concerned. They, in fact, do this now. To reach St. Alphonsus School, it is necessaxy to walk o�e block north after reaching Halifa� Avenue Lack of a vualkway at th.is iocation would not create an inconveni�nce to a.nyone. As.i.3�ng time residents and taxpayers of the Village of Brooklyn Center we would appreciate your reconsideration of this maLtsr. 1 (Vt� D v'�7 �wcc� Gr/.��'�,� ��cu� ,�.o ,Z�" ��I,✓ a- �l� (�.��t� �o-a/ c° ��s �J. l t"�/h a�G�-'., rJ�'��` v O c7 T.� ��f��`�"/` r� RESC��U'TIOiV ORT3��1V� CC�`�1�TR�TCTIOI�T C)�' �TREE'� S�A.CL1�3� IiVI�RQ�Ei��,NT i�70« 196�-4$ i;� i fT R�SOZV£D by tlze iF�lage Cauncil c�f the �tillag� �f Brool-.�yn ,j.;' C M�:YIIbE�� 8$ �G��.00irVS; V .l il II; i i o It� is hereby c��;tex�ni��d �at i.t is nece�s�ry and fcrr the best i�i$�a'�sts t. of the Village a�d th� av�r�ers o� p�p�rty specialAy benefitted thereby� th�t 't�ie I�; I„ �ry fallowing i.mprovemen# shaYi �e ��astructed� I I_ Sixeet �e�rfa�inq Improvernent ��1Q� I�64-48 i i� I I 2. The impro�€ement ��a11 be cc�nst�xcted in�aceorr3ance with the plans F ii; and specffica#ions prepared b� the Viila ge En gine e r� r, i t. 'I The motfan for the adQp�i,on af th�e f�regogng resolutio�n was dl�,i� secon�ec� �ym�mbea� J�hn Lear�r a�id u�on =,ro�e being ta]cen the�`eon; the fo�lavi�fng �f� voted in #ava�° tl�.�reof: C-o�don Erack�can, I�enry Darff, john ��y, •IIo�Jar� E� Heck and Pl�afil Coher� anr� the fol:}.owfng voted �qainst �Yse same: 1 Tone� whereu�� a�.� �esol��i�� was c�Qalarer�'ul r� y passed and �dbpted. I(� Motis�n by �-Iavaaad Hr��C ��d s��anued k�y jol�n i,eary ico uphc,ld the recommenda�fon Qf �he p�� bYnixifsSaOn O22 dppl.�c��i.oil #��p91 sub��.�:tt�d f; by O. C. �,�arquarJt and c,��nt varia►nce �o Sectian 35-40�. (4) to pe�.�� cons.trr�ctio� of ar� �8° 26� atY.ached gar�ge with a s��yarul se$k�ck I: of 3 feet. I�ioiion �amed una�af.mcu��:y. i g �1lotie�� by Phil C�hen az�d sec�nc�e� b�Ie Doi�ff' tts ho �Y P ld the recommendation of #he Planninng Co�rimissiQn on applfca�io��S40�'8 su�ir.zf�ed by L yn R iver Apart� �nd grant a�arf�r�ce to section 35--3�.0 (2d} to per I�� t h e cantinued use �t Z�' x i6' siga� �antil September 14, 1.965 at v,rhicli p�'�` time it rnust. be m3d� to canform ta the sign regulation5. lV[otion carri�d �'�w I� unanimotisly: i: l�fotion b Y T�� Z�ary a�d seconc�ed b;r Howard Heck to upho�d the recommenda�ion of �I�� ianr�ing �Qmmis�ioa on applicatian T64Q92 sub�n3.tted �Y Danald Vleighar� �.nc� deii� �e �c� rezone from R-1 to B-2. i�.�otfo� carried un�nimo�.sYy. w Alt�at3.on b�' Henry Dor�� a�� s�cQr��ed by Phil Coh�n to ugho�t xhe 'I r �ommendation af the P2an�ng.Cammi�s�.on a� appli�a�i.r�� 640�? sr�bmit��d r.� f b Y C•D• NQrdstrom arad deny tlze r��est fop renewal of a s�;gn variance far a sign afi 65th and C)sseo Road. tVloti�n carri.ed unan�sru��.� dr,f 3(�G�; Th� ��nayox announced th�t the rneeting was opes� fo� t�te cons�der�ta�o� �f t vacation of �the wa]:I�way easemen� betv,�een France and Grimes Avenue North Bobendrier's 4th add�.tion. The I�layor then called �apo� i.nt��ested efther for or a inst ti?e �o ��5 gresent to present arguments f y° Aased �a�ati�in. 'I� ,I f a� CoaT•.. aic� R5f I.i�'t?� 3, Upon comp3etion of discussion the mo�a.on was made by Henry D�r.Ef to instruct the Village Engineer ta order construction of a six foot �fdewal2� upo� fhe easement bp the addition's devel,oper. The motion d�+�d for lack of a second� �otion by john Leary and secondec by Phil Cah�� ta i��#�ct the Village �ngineer to vsdex co��stnfrt�on of a#rn� foot �idewalk �2�r the addf.tion°s devel�per. Motion by Henry Dor,Ef to ame�d the foregoing motion to construct a five foot sidewalk. The motion to amend the motion died for 3.ack of a second I+ 9' A vote was then �aken upon ,i1�tr. Zea�r's �notioa� �nd the following vated in favor �thereof: �-�2riry �?orff, johr� �,eary, Howaxd Heck ancl Phil ��Cohen, an�l the following �roted agafnst the same: Gordan Erickson.� MotiAn Gs�� Nlemtser Phil Cohen iritrod�uced fifi�iie �ol?�owp.nc� resolutican and moved �ts adoption: RES��UTION��,CCEF�I�I'G' GID �1T�lI'? INSTRUCTINC AT�'CS��,i�3�' �k T�O P�E PA�2E CQi 7.�'RA.�T FOR Vt UJHEI�EAS, the Assistant �o �the Village Admir�i.st�atar air�d the Villag� ;f.. Director of Finanae have reported #hat on �c�ober 13, 1964 at �0; 00 a. m,, they opene�i and tabulated bids recei�red for th.e �uurnisl�ing o# x�bek s�lt, an� that said bid�s were as follows: 1�:. Cany Salt Company 110 5� per �nn Cargill Incorporatec� 1I.25 per ton International Salt Company 11.25 per ton Cutler I�iagner Cor�pany 31. 25 per ton l�iam r ond Crystal �:o Bi� Har�y Salt Company B�d received ZB:45a.rz�: j. Now, therefore be St resd�,ved by the Village Caun�il of the Vill.age o€ $rooklyn Genter �Chat the bi:d af Cargill Ine:or�arateci fo�' the ia�ar,ishi.ng of n�ck salt at a p�i,ce of �5 per ton is c�eemed to be the best bi� for the furni.shir�g of rock salt and said bid is herel�� acCepteai, r rr T�e motiori f�r the adoption of the forege�ing resolu�fa�n was duly s��oi�ded by member �ozr.,raxd Heck and upan vote being t�ken thereon, tt�� °uowing ircited in favor th�reof; Gordon Eri.ckson Howard Heck, ;ohn Phil Cohen and i-3enry Dorff and t�e follawfng vote�d against the same; one; vvhereupon si�d resolution was declared duly pas�ed and adopted. t:: w£ �1 R�SOLUTIO� RELATIIVG TO PARTIGIPATiON IN TgIE Ri3RAI. a H£iVI�iEPIN C�UNTY 1VUP.SIi��TG DISTRICT Mr. cihri T,ea iritro v' J duced the follo� in resa�.��on and mo�ec� s I d� iY g t o' Ation- i_ �'tTHEREAS pursuant to Niinnesota Statutes, -Sectio�� 145, OU and 145.12 ��vi,sfon has been n3ade for a public �iealth �u�sia�g district in that portion of �?�pin Co��, outsic�e the City of Iviinneapol�.s, and ��HERE�.S,��pur�uant to such authc�rity such publ3c bealth nursing district �s ,�ell OY�QaIli9.P,t� arirl 'h�� l�c;.a., t., .........�.a.s.._ ,c._� r P$TITION TO THE VILLAGE CWNCIL VILLAGE OF BROO[Q.YN CENTER, MINNESO'TA The undersigned, the petitioners herein,.are the owners, respect- ively, of the premises situate in the blocl: bounded by Grimes and Halifax Avenues North and by 69th and 71st Avenues North, which premises are legally described as Lots 7, 8, 19 and 20 in Bobendrier's Fourth Addition, Brooklyn Center� Minnesota, and which premises abut on a sideaal�; easement which runs in an easterly and westerly direction in said block between said lots from Grimes to Halifax Avenues, who petition the Village Council, that, WHEREAS, said sidewalk easement as above described was originally designed as an extension of a further sidewalk easement across that certain block to the east hereof bounded by France Avenue North and Grimes Avenue North and by 69th and 71st Avenues IQorth, however, the continued use and existence of such latter easement between France and Grimes Avenues North, as described, has been duly enjoined and abandoned, that, WHEREAS, the use and purpose of this remaining sidewalk easement I between the premises of the parties hereto has been substantially eliminated due to the termination of the existence of the other easement as above des- cribed and due to the lack of any practical or actual use or need therefor by the persons reaiding on Grimes or Halifax Avenues in the block above described, there being other as reasonable and practicable avenues for ped- estrian traffic in the neighborhood to move from one place to another and said sidewalk easement never having been actually laid out and developed. NOW� THERfiEORE, since the original intended uses and purposes of the sidewalk easement running in an easterly and westerly direction between Grimes and Halifax Avenues North on the block bounded on the north by 71st Avenue North and on the south by 69th Avenue North have not been utilized or achieved, since the said sidewalk easement is of no practical use or value to anyone living in the �rucinity thereof, and since such sidewalk easement is but a burden on the owners of the premises abutting thereon with no alternative value or'use to others residing in the vicinity thereof including these abutting owners, the undersigned petitioners peti- tion the Council of the Village of Brooklyn Center to reconsider the con- tinued existence of said sidewalk easement and to desist from any further action by the Council in respect thereto or to vacate the same. �G� G� �1.�� n .X4L�__ �i..fr� J �r�,,�'� ��G.��-.��' /1:%.�.��J -i;:,..-�;��.,.-� :7� r/�/,f��`r E_� lr� �i!;�='��'-ci/ VILLAGE OF BAOOKLYN CENTER Before the Brooklyn Center Council PETITION IN OPPOSITION Now comes the underaigned petitioners and request the Village Council of Brooklyn Center refuse the petition of Eugene Sullivan and others requesting that a proposed walkway between Halifax and Grimes at 70th Avenue North not be constructed. It is the position of the undersigned petitioners that the construction of the walkway is in the public interest, It is undisputed that an easement exists between Grime s and Ha.lifax just north of the line.of 70th Avenue. It is also undisputed that this walkway was platted and that a separate bond was posted by the contractor to cover the expense of the installation of the walk. No expense will be incurred by the viilage for the construction of the walk, Further, it is undisputed that adults use the easement even in the absence of a walkway, Your petitioners, nurr� rous property owners in the area, �equest the Village Council to make a determination that construction of the proposed waikway is for the interest of the public. While various property owners in the general area have various degrees.of interest in the construction of the walkway, the situation involving the following petitioners wili be illustrative of the character and extent of such interest: 1. Mr, �and Mrs, Oliver Krieger, 7013 Grimes Avenue North, would use the walkway to go to and from church two to three time s a week. Their two school-aged children would use the walkway four times daily to go to the parochial school connected with St. Alphonsus Church. One of the primary reasons Mr, and Mrs. Krieger bought property in this area was to be located near the church, and they bought this particular property with the understanding that the walkway would be constructed and thereby provide them with convenient and safe access to the church property, Use of the walkway cuts one to one and a half blocks off the dista.nce to church which would otherwise be three blocks away. It is Mr, and Mra, Kriegers' belief that construction of the walkway would also reduce trespassing in their yard by others in the neighborhood, The wa.ikway would also provide a convenient and safe route to the shopping center located on 70th and Osseo Road, This route is particularly attractive for children who would otherwise probably uae busy 69th Street, which is a counCy road, i _2_ 2. Mr, and Mrs, Roy Knutson, 7019 Grimes Avenue North, support the construction of the walkway and purcha.sed their property with the knowledge that the walkway was to be co.nstructed and relied on this knowledge in rnaking the purchase, Mr, and Mrs. Knutson are attempting to seli their property and believe that the possibility of sale would be enhanced if such walkway were now constructed to provide easy access to the shopping center and St, Alphonsus Church and School. They desire that the walkway be constructed to reduce trespassing over their property by people attending church and going to the shopping center at 70th and Osseo Road. 3, Mr, and Mrs, John Parson, 7012 Halifax Avenue North, bought with the knowledge that the walkway was to be constructed and relied on that knowledge in making the purchase of their property, Mr, and Mrs, Parson state specifically that they ha.ve purchased a lot one lot remdved from the proposed walkway. Mr, and Mrs, Parson were willing to have a lot 10 to 15 feet smaller than those on the walkway in order to be away from the walkway, They desire that the waikway be constructed to reduce tr�spassing over their property by people attending church and going to the shopping center at 70th and Osseo Rca d. 4, Mr, and Mrs, Irving Berg, 7018 Halifax Avenue North, purchased their property with the knowledge of the walkway and relied on this knowledge in making their purchase, Similar to the Parsons, they purchased a lot two lots removed from the walkway. They desire that the walkv✓ay be constructed in order to reduce treapassing over their lot by those attending St, Alphonsus Church I t sho in center at 70th and Osseo Raad. and visitin he 8 PP g 5. Mr, and Mrs. Richard Conlin, 7000 Grimes Avenue North, will have children attending St, Alphonsus Church who will make approximately four trips per day back and forth to school, In ;addition, Mr, and Mrs, Conlin make two to three trips each per week to St, Alphonsus. The walkway would also provide a convenient and safe route to the shopping center at 70th and Osseo R.oad for Mr, and Mrs, Conlin and their children. 6, Mr, and Mrs. Walter Vennewitz, 6936 Grimes Avenue North, have children who will be attending schooi at St, Alphonsus Church. These children would be expected to make at least four trips per day back and forth to school. In addition, Mr, and Mrs, Vennewitz each make two to three trips per week to St, Alphonsus Church, The construction of the walkway would save approximately one and one half blocks for each trip, Many other area residents, as witnessed by signa.tures below, want the walkway for one or ali of the above reasons. Ar�uments in Support of the Walkway PetitionQrs submi� that there are a number of reasoaas wh.ich compel the Village Council to find that construction of the walkway is of the public's interest, 1, Statutory requirements for aracating easement. Minnesota Sta.tute 505, 15 provides that for the vacation of streets, alleys, and public grounds on the condition that the property to be vacated is "useless for the purpose for which it was laid out"; it is submitted that the evidence and information supplied herein clearly establishes the fact that the walkway is as useful today as iY has ever been. Min� sota Statute Section 412, 851 entitied Vacation of Streets provides, "No such vacation shall be made unless it appears for the inter'est of the puhlic to do so after a hearing", The information supplied herein establishes that it is completely within the interest of the public to construct the proposed walkway. In fact, the only purpose to be served by failure to construct the walkway would be the selfish interest of the abutting property owners, As provided in the 5tatute, this is not sufficient grounds for vacation, The above two statutes were cited and reliedupon by the City Attorney in his opinion relating to this ma.tter, 2, Church Route, As indicated, a substantial number of your petitioners would make frequent use of the walkway for a route to and from St, Alphonsus Church, In fact, this was one of the primary purposes of the walkway when it was platted, That reason exists as much today as it ever has. In the future, St. Alphonsus Church will be constructed with its main entrance on 70th Street, There are numerous people in the area, including the petitioners who are members of St, Alphonsus Church and whose children will be attending the Parochial school there, Indeed, on Gri�nes Avenue there are no less than 50 people who would use the walkway as their route to and from St, Alphonsus School and Church, If the walkway is not constructed, the petitioners and their children will be required to take a substantially longer and less safe route to St, Alphonsus Church and School and to the Methodist Church on Osseo Road at 71st Avenue North. 3, Shopping Center Route. Almost all of the petitioners would use the walkway as a route to the shopping center between 69th and 70th on Osseo Road, This.reason is particularly compelling since the primary alternate route is County Road No. 13�, also known as 69th Avenue North. This street has considerable traffic, When the proposed improvement of Osseo Road is completed, it might be anticipated that still additional traffic would use 69th Avenue North, This heavy traffic proposes a serious safety hazard to those, particularly children, waiking along 69th Avenue North to the shopping center on Osseo Road, The waikway leads into 70th Avenue North, which is a comparatively quiet and safe street, which leads to Osseo Road and the shopping center. I -4- 4, Trespassing. Numerous citizens in the area bought their property away from the walkway, relying on the construction of the walkway to prevent trespassing on their property, The i�-- ------�.�_-str�ets of Hali#ax and G-rianes -extend from 69th to 71st Avenue I North and are quite long blocks. Therefore, people in the area, particularly children, have a propensity to cut across other people's property rather than taking a route around the end of one of the blocks. This pedestrian traffic was planned for the proposed walkway. Failure to construct the walkway, from Grimes to Ha,lifax Avenue, will impose this trespassing burden upoa othera in the neighborhood who purchased property relying on the fact that this trespassing nuisance would be eliminated by construction of the walkway, The only alternative for these properEy owners wouid be to fence their property, This fence construction would pose a financial burden upon the property owners and wouid limit the usefulness and attractiveness of their i property, Arguments in Rebuttal to the Petition of Eu�ene Suilivan and Others The persons who have petitioned that the walkway not be constructed have submitted certain arguments in support of their position, These arguments are rebutted as foilows: 1, Maiatena.nce of the Walkway, It has been claimed that con- struction of the walkway would place an obligation on the abutting property owners to maintain the walkway during the winter months, As far as is known by the undersigned I petitioners, Brooklyn Center has no ordinance which requires that abutting property owners mainta.in or repair sidewalks. 2. "Grass"Walkway, Those in opposition to the walkway have maintained that they have no objection to people walking on the grass across the easement to get from one street to another, However, this proposal does not provide the safety and convenience which was wisely provided in the concrete walkway, For example, women in high heels ha.ve a difficult time in walking on the grass, Certainly, those women going to church would be in heels and one might expect tYat women going to the shopping center might also be in heels, The lack of a sidewalk makes it difficult to transport a shopping cart across the property. Aiso the grass walkway would have a tendency to develop holes and ruts and might be a safety hazard to people crossing from one street to another, particularly in the dark, The concrete walkway on the other hand would provide safe and sure footing. Also, a frequently traveled grass walkway would be much more unsightly than a neat concrete walkway, Illi 5_ 3, Sidewalk as a playground, The abutting property owners ha.ve claimed that the sidswaik would become a playground and thereby cause a nuisance and invasion of their privacy, The undersigned petitioners submit that just the opposite is the case. The walkway would provide access for all the children in the neighborhood to the playground at St, Alphonsus Church, This would provide a safe and convenient place in which to play. Many of the children in the neighborhood, particularly on Grimes Avenue, are piaying in the street. Even if these children did not go all the way to the playground at St, Alphonsus, but, indeed did ride their tricyclea on the sidewalk, it would be a far greater public interest to provide for the safety of these children even at expense of a small inconvenience imposed upon the abutting property owners, 4, In�a statement made to the Planning Commission by those opposing the construction of the walkway, it was stated that the adjoining property owners would be liable for injuries in slipping, falling; collisions by children, etc. This statement is cieariy erroneous, See Dunnell's Digest, Section 6832 entitied Liability for Defective Sidewalks and Dunnell's Digest, Paragraph 6829 entitled Ice and Snow on Sidewalks. This Digest citing Minnesota 1aw cleariy establishes that the abutting property owners have no liability for injuries from slipping, falling, etc. The abutting property owners also indicate that they would be liable for accidents by bicycle riders and small children using the sidewalk as a playground, It is impossible to visualize oa what theory they might be held liable for such accidents, If this were so, a property owner would likewise be liable for collisions of automobiles and other vehicles in the street in front of his house. The only theory upon which the abutting property owners could be held liable is if they were actually negligent in causing the accident to occur, 5, Knowledge of the easement. The most compelling argument for the construction of the walkway is that each of the abutting property owners purchased their property with the knowledge, actua.l or implied, that a said walkway would be constructed and that their property was under such an easement, These abutting property owners are now asking for a windfall at the expense of their neighbors, They knew that this walkway was to be constructed and their lots were accordingly, 10 to 15 feet wider than the lots of their neighbors, The abutting property owners now wish to have the benefit of this additional property without obligation, Each of these property owners couid have purchased other narrower lots away from the walkway if they would tave so desired. However, each of them made the decision to take the larger lots adjacent the walkway. They should not be h'eard to p=omote their own selfish interest at the expense and safety of their neighbors, I 6- ACTION DESIRED In view of the foregoing, the undersigned petitioners submit that it is evident that it is not in the public interest to grant the petition of Eugene 8ullivan and others requesting that the walkway be not constructed, The undersigned petitioners also submit that it is within the public interest that the construction of the walkway be completed at the earliest possible date and said petitioners request that the Village Council instruct the contractor to complete his obligation immediately, Respectfully submitted: 7i)n/� .�iz.r�,rliL �7 �t `7?'I�-�,�� 7�r� n (�J t c J i.�%i �>.��/17/ L�'L' CG� .-(_iS-'��i.7')�../� �.u/ 7� v 7 yr.fi 'ID �Je 0 s �4/� �l, �z.'�� .f�.:�..�,. Ti.h.,e,s-�._zJ Z/ �D/1 �a�� s� i n �X�u�i 0 70 3 �-F1�-�.�, Gj-�c. �/`'f r L ��f��.(/1 /�,P�r �6 .i��h� .lr�u.:C� �'l(� 7� 9 C' L r b )'J, 7 e I e ,r/. ��y's ��---o /,1��. r `Z/�..c.��. l �...1 .�s�. 4 �o�� N� l� �FR� f3��• v��. �1��, o.,�� a� 0 �w 9�� 1 ��Q ��-Q 1 /J .��!'z!�� 7��.,��/ G�� -�-'`.%i��:-_�:o ,T�?str�T;i%iy p�Q/ r �Fr� t, `�'""p sx 6 J fln L.�. b9 �-J /g`6 o G 9 e 9 �G<� i l o y v h »-ra;�� +v'��-�. V V 1 r�-��n� v�� C�� r� �?;v� e a.- y c t�t::: r. ..r, y� ...w is° .r- »�..z-� .y �q Mr .,,,;w 9.. a� !�.3� b, �..S;i e °:x� �,y �°rfi* y,.� 1 .rpli .;1�..'�' E :F �Kr j ,'�Y �y°? r o.a�'�« y e �,&�a!�`�"�'f'; �'�7Du-s. +z"; w.�., t�a" 5 s ,�'"'f ,�lc.,!�� t t -N: F n r� rY Li.... r'�'.i .n,, .uf.'._... :;�,.r.s ��?s �i f�C'*�+. �'.ky. "SSn^s .w�+"';: �C`� y J, 7 g j, 2 "..t :=3?. 4.�.?:: +u` ,.;a, -i`� s °t �v' Y r t x .:'e u�. r'� �I �.�,'.�..-a.,e+f. }-�,'�.r... �<;�:h bi.s"�.:. ix�.. _ak,._.. t.. v. +!,r, „r�.:�:..a gr"a s.�.: �q n �...�1� .r- ..�a'r.. d �.�s. ::.Y-,e,.. ti::> :`s,;�. v... es .I .'d�- ..r. -i+zf. .�fY` -,:..i. 5::�_-..� _i.^.`.. -_,Y.!�, t. s� ..x-.:-. I�eC?R- 7" �'.1. !h: `�+Y�C.Fn. .v��.�.: M�...��8 �,.*:.n ....d� �.a.4 .N;r+�o n,'�,.,j :'�.�r. .��v�.� u,.�r. i �r,:'ss.. ��tyri�'.v+'v �f� 1� .<.r`a ��fi y� .y d ...s.f?.� �r�.... .�`r' 7 .E' _l .M�.� i... ......J}k 4'..�..i. .'..c. �r .4 �.lt. :i Ni ...T.�.� �Hl: a�tG'i• W.' 3LS..'. 5 ^r �:M1".aac.' �Y 4: 9..�, :'1:.-.`:',..L. a'Y! 'T, ..r i'•� w:�"....v�^ "4..t i �,5-. 9 `v;., e. d..,. '�x .a -._.��_:n. .wTi .-�-...�.,'y w.: yk'. x '1 _r.! s �-h..1yd ,y� a .�LS' 'en r. a:�a !SS;��. x n a j �,y� r. Y.- .�'w a'�.+, r. 'i:.�� 4 p. r F a9 I ...n..,i �.,.o.:� ��t....: .,.��i.,. 3c.,. .'P'��T�. .�+.a.. ,r;. ...�i�.. A..-i '.W_:. ,.:w'd +W'1�.:'.��, �y, ._.,a.., !e :.x� :�'i. 4..- �9� .4 P� ,.f?;•:t ,.50�. �'�v.;4 �5..� a.._. w.�� Jw iw,�.:._ �r:: ::.f� 'Y �i F; .�r.}:uw- �.a Y�, i..,. �f� 4�'..H: �r.. .....u, .s:.:..{t: w s .�:�F ��1 �i:Y `t:�L, ��c`!S:: .a �i._. v.:,..� 4 s �'iY �:.s3€'� ,.t ni.!� ..:c.? .m:,..c� .+x 2t t °+�+"Sa� .,.rjA,..S,t,. �.F �i a... x ..4'ii, wr.c. �Z,.r:^? 3.. �'au.. 3*..n�''� e�s� s k3:: ,+�m.. ..t.: x3 'rc •�i ,w. 1 '�t�c !��d,.•.., w n�� a:.'.... r.l 'i J�"". .f �i'. d k:.� a F �s «s,. 7 �k w ��T' �[��a.� 1 3 .�1.�� y K L S .ti, r t a L :a a s�c�.. a b��•x �h wrt i ra} .i -iL�'� 4 r ��k �F�i -�i...:..`._�- .w�... .J_., .i'�...,: ._�.��i_.. s+�"-0�:4�'i. Y%r.u."' w* „r.�. .1a. ':a:n �'�3, i#� tr +s..=f' .o-... r.� w.�. ixtr. 7" rX ,N..;.,;,.� .,,ar r k. r.,� iK�-Y` w.;. '4�....{ hd ��A 4�vr� k� ::a,.� 1 ta F� s?�' Y' '1a'4e S%' aCt' i�Y A�-y 4 X f u 1 a s� "�.3e4T h''�''iS" sol';`*�'.� ry,yr' 4 Y x' 3 k y r F�+� l .d s F i �,n�'x:; a,- ra�„S 4 r �:t k. aw '"�e. s" t i t :,i r r j �i ,.-r+ ..;�e .,a. t f' z�.: �-:"v.- `.aJ.. �i' st 5 w., �.e ��x �r: n... vy.�F.-. r �:�.:.,u_ �.r.e yW t w •r;:e�, u� �.�fi.v i k -i 3'�'a�� 'i�,."t .r'ty '4 yi_ .c.��? i asi+.`$Kt -,�•�k+. s. a �4: "I .;a d �+.i,�� .?k'�'�-..•.� 't.� �.:..4 �E�3''-.�4?�..-J ,.�45,. J ,,:5-, :s�l.rt'tc Y a'�,: s -�T� a. c m:, a �,a,E ;�Aq;+i; 7' __t. ..i.. •c. �.....n 3. y i ��.h�i 1 N ::l :r',.S:i i.-. ..�.�..,t .ax. a .�k;�.." a .�.x.�....1......_? „y �k.t'.. rR.u1�`� Y.'..k�. �5d": aic.. �;et. `Y"' J... r,�.,.,v�f .,,.,,,�1 u �p�.,._ rN1i„y�y z �-G �.d i�Y.. s��?r 3"'�➢.r s�'�,� j•�_ �k� j*. F �y '�:;FK "'.�i .i� c Y,. -'U'.f �'tn'-?.�� ;�'4 F e: y i p �+c!�' �1 H t'[w .�,4:'�'3 f�.:'+4� �."�'R e 's� 3 .y: f k ti v ;2.. a'S�.� �t'L. ,cY �F 't�.�.': f r t� .i'� s u �,r �nt a `t'«' .,cs'f��':�'.. 6^a�e� �...rv„ t':. .4*'"' .....��.,vp....'�.. ..cS:. �..;.:.6.�. ..'e :4. �S, 4J C�'::�.k:_. S1 1 ,0'. .Sl: �..R�.. .{y�. .P'-. 4»...4�' e- .i�� ..c. Y4 C1+� t.- .u� 'tw i y rvP t A i.. X vJ W .wu, X. i. 'fi' n a n w .RX 9u h 5 r S �y ..:Ll�.�. �St �r�h.i''�' .:i?s ��,.:fi d .k��.. ��1 �v ytr �:�,a,+. �4:� it°^i.tNl ..�,r t y�z, .i n �h a eE.+:;rp. r' LL �:i .�f.. ..i. a:�� -4. r. �5. ...F_ .y s.,..; .5_ 'eS �.....u. ..d..d i..$�,. '�..�.t r:. �.�d' ':1.. k -.i�r�. �l',. ws �r f�� hL �r y. ,z. v yS ,.a y +F�`. L. ,�ig �.`�S i�... Sa :�k i -r'+� a .w�i`s�5 cp`�yc.-d.. t��z °�...�R er r��;`�'• Enf�{ :.dt F� z 4� �:!�f i G i�,'�a�•w5 ^r .vY... _{�',��i �.f rni... Y t:�r: �..e=..� H�... ¢F .'»RV.e. 1..�. n. t ,�f,�„ '.e .12e. �..ar:• Fzt ''.e� y .�7 5 F ,•;��y� ��1M�1. 7'' s' ..,4 k P� 9: '�.2' 1 ��f�ir ...Y',F.. n4iv c'$,. .-x v py n* ��r +�•i�' V.. N-� S. k. it �i .�i �'��17�:_..1V a�FU+F �:.��UI-��1L v ...vw,� .�:a _-:'e f k:. P l 5•,L,t�U! I.. •.rf'F '+�4 .�..r�-. .0 =x.� e.LZ�.. .r.- �i�'��..- 'q r,i ''y� 'W e� Sfx �nm S'�f• ..l l ,'e: �t... .-::,....rat V.,....� �..,,..t. r^..,.<. .7:, .,r. i ;'�e �'3 r,.. ssl"'�' Y i&._ -2 F .r3" .se$' 'Z _'��0 e4[ i. R ...�::'t 3 :.:h e k K r�--: r y�.; �:�.,w �r 57 i� m .pfi. ..rt ��::,�.-r' �ti �;3'�' b :v, K .ti�, a :it{atw fK. 3: t� :m f ,aa. �y a. ',a' �.f ..b,..'�.. S h, N.. ..x, r 4 k a:. R!.'�c +x ..2`''T.�K� n. a l4: :s[`"�Y.' c.Y P- 1.1'.�... i +�1. �*/m'!t La ..M.. b��». �.es.-' ,��.'.i .4.� nl. 5 4 ri ±-7et� RC -_:..i4s� ,.c?4 K q t 2 �5'..'�L t..:�: �t °l.. !'3. ,,,d. .f 7..t 1 _�4:�F ,•"S�'.� .:�[�.+..a e .,e. :r�. i .'S'.` �k r _..._�.,R x�+�-.-c.s ..'c 7 �.'"S 4 ,.«x.:,�,, i i J.' .��n<�J. ».�'+L '>r.,c r .i,..��,._ �a.: �.a} �'i: 1- �..�s. ..,..�.�'�a �m....�. a. r ��...��.s.�A.., t r .�.:i� o S .,a° .�4, <ti:."` �a: ax��4iva. .�,r. e_a, -Y:. ,h, ir ax:�s. p s ��a r-.5 �r�� 3 fi>:� .y,�.,,, �f .,i: ':..F.�.e 4Tt.... �f .4t �.L.' '4: Y' R S -!I'��,+.�1 S ...Y��r�9?'� ...1� a.:z.-. ':�'�k� �r t.. r ...m h- �a �..�,r .h. F e� :,`7, g �iS L9:5 ;�'r�,.�., ,n ...�e..: t�`....;, ,r -�e 4 ""a f..,u �..-ky... 1 �ri.•� a�, .��,L _v, .r L, i G. e +y,� ,�1: ..�b• t5.. Y. b u ,ar r r.� F ��va s t-.� r n s: -.`�t�Y "ti�:�"�ri g y �.,.�i a .F Y ny s� -a x :i i`" s..�`h�� 1Y'+m j >'�y Y a� �'�C ..w ,�Y<< y Y �i�. 3i t f v .e:. v .i 4� 'ty�...s... w _..q.' ..y. x�w :e+'. ��w�,.7' s� 9 a�. ....�x .x ,�d..�r5. .w �.ix tr.. J r-t .7 �v�.�:' vv� t :-�:1 t �x4 5.i...w�� W ,:i,'�' �4+. �F s6Y�} :1 �°9�.+, 4 tei �a' 4 x TF' T"#�^- it :�i;='�fi F L c. ro i f �ir� °`7''` yR�r }w ,r f', is Y ';i:.C.Y'. .'R� F s y- 'r• F,. .tn+�*u r. -y��' N .�_:i L4 i 'i.L4 .�:.11. Y i.F ia3 7'� 2 P �a ..4aS. .M�'.it�: '4 4r M t u. +k�`w •x; x ;5d. ,f.r�.�.�. dk;., �(c ?u�r.,� {z .x, rs-�Y.....3�*�5" vs� r;.v�•�� H �f{"� =t �i t�,:.: T v �'r' r f:.: r c .i� �,�..i, r ...�:b .:u.. .y,.,_-.. 4 .�.:�.-:i �.M y Y: a L a �w. -�t x ��tt�l,,.'..W�. M:rv1 av r J' s .4.. F�x �,.2 4 �,a.x. tii'�.�. ?c�u',' �.+.n �1 3�" a;., ,-_:,s�.. ,R �i S. r.�"st t .ay.:.vr �3 da F� .+_L.�"u a �a... w t� ,r il .t�. 4� w .:.-s_.�+.�. h�.; a _.r,.: 1 ""-a' �3 �s �+.a �..,�u, �t3.. ...x4 i.. .G ...�'Rs�, Y...�'.. r s 3�-� ,n;r..,.fi., ,..5 1!::• e,*:, w fc�� .:.�r.w.� �-`ti .,...fi' �,....w. d t .t., r 1 is.-t� ,.:L c �a i,- i :ie_ ;�i�;. t�.k �.yt. ...ar �..:_..r s .a,. ':S� .,rt,: _.+�e" _+F� ...t .1�..+,! sr' ,.:.r. ..3.�., h� %r1,�9. r;� r.....,�_: e. x%.....� t.t"`:.a-�: es.. y� t, .x.�. s .,"i.. a� s n�. id ,a r. ru�: t A S�.. ��+�r5`r�.t,. .t �a,a�,_, x.. 'z�n.,.,.. �t{�:'..: t:.� a -a.. 3.. 1-::i ,t. r 7t, a.. r�„�?��+y.t.:. F .�.�.'��l �l'. 2 �n.... M .�i�:r�.. n 4 �K.'" .,�.c h L T 3Syp .y,.. y i rW f _ns) �l i .�4 s� L s t t r »t f ,4 t�' y� t. y�. :a. _�.ti- g J-.x� M i'�..1�`"r4..{ 9� 1 `f L'' t 'q ..j t �'-.a. ��✓r�X �5.�.:. �:�`i.:��'"�'�`,��i� .riz t .rt,�';� ..r� J�1{�i�4I��Y ry .i�� i� t. ti u t=e`� f ��`?E�u'� y a� yi.w y r a I s{; r 'a' -?�-ta� c '"�'3`� i�,' t i :.1 r t:� .k_ "}2 W r ..,h�� k F J t h ,4 r Ui:Sk"� .Gr l:� z�.. ....T r��:. ...t:.:. '..�t 1. .r i �.+3.?z.a �/++�i�: t� .M .r'Y✓i^5q� .9.�.�. t.. J.t sL �7.. id t r H-J r 1 0 ,Y�� q ,�'ay. 4 r .f �s r 2 C. .S .,q,�f',` E .°-a .:i ��a d �.4 ..v.v, �ir:.'.t .�;A�. :.�r .1 ;4, b... k �1. `C Jf.t M C..�. ,.�4a•'(X-� x, r. ��r� a, .1 *t);�f:.. y� YYi�: w. r„r. .�,..�.,r�-"� a ._.-dn a�..� .8�� .r ��;-+Y� L'rxE a ....�k�x. t,..z,. i!�.,�a.. �?r- N r�. v-., L� z: ..x sn.. '�'1P^. t .T �F ;}x'. ....:2.«.�_.�-�'��'n'.� s:. .4 a.� s. u ,c �..e..., a..4 �.-i, r .w P 7 �t`'� fS�+ �L:;il a M .�u.. �a,A., G w-..�k ��dT"a.,,a`kn..y rk �s_ �i"�:� k �..i:� ,iV t aY;=w F •.isx r� a#�-pl`m.y d:� 'S.�'�;•?l... �.'y"�x� r2. ...�f� .0 d t y, f �"s. �a�: n_ .s....�a.*.��.�z+k�u.�'�.�..t.,.,.',�'.,,.,_r.'Crz:'..,. tiv.. ...1-, J_ �.'l.. �r:�ri� .Fs�,.<�... xt ,-�.{„�j yu�. .,r, tIX :s ::t fi T HN•. J. .OHER �...a z. k�� r .r�� ..Q ...X._„ ��..d d „�7 ��e_. t �t r,,:, r Mt .:r e::.•�, y.�e 1 ��t. xY� t .7 i.,''. .P 4e. �i.. �;r. �.,M:.'. +:8t� fi_.wc r�,�`�'� t r '�f+j. �3' *n r�',�,' t .�ttqrne�+ a;� aw i.� �.i. M1j ''..i ,1 'lj a .t:v fi :u I ,.,,,.a. M.��` y �4:�3-�871�::�:OWE �r'.�. i Y ��.:vl �x. t I �n.. �,...q -3 ..i.'�(Fwi� ��n.x^:.� s r��'I.n?a... I�r�;�u+y �'�'.�r. 4 r�:,.�: -H�^bld: .r .1* i, �nri`e"a o1�.s mirine"sota 5�402 i I'� ��3 f ,E,;, a t r: r-" s. t�;. :,,6 ��..i,:.. a,._ e.i+... ..x j�..�. .r�, ..,-+..m r 1 _.�A 4. ...e.� S':,ii .a.. .�:...._.t 4 ...r,....,. .'L.;t. ,.i. �.a.=. y. ,.1 ��f.f$. �,.x,. .e... �r.>._. ..r_..-..;- .A..e.. ...y. _s�:. :r' -ycc� y v! x xi_ �rt ti.�.,..: ._.r x� �.._.C�, t,:,... �._.h4 .9- r .k� .3.a,. -n_..:��P r .r. ':-7 4. .R6.1 t 1�`.....�'`, .,:•ti .�,�.,.p �.":i, ��,.y.i�-.., f5��._.. t ...3_..t r.,. a. :�r� c .}�.a�.:r.:-�-�-. �,sv,+f+... d C ..k <.a: �a �tr c ��n.. r. r. --a� l:- .,^,r �:,y...�. +'?r x�^� i ...7. .�.e.,::.� i�.. -v�.�,. sr.....�:..T..,,,� n x e. y,-z,..,.* ..a 'f 4''. a s.. �d� ��E.-.r:�, _-_-wY C .*�4...r-__ 3'�. t� 1..� ai/�"'°. �:.'t� .x.e.:.. .YS,.. r. s.^ t+�: :;'.h., t 7^� io.0 >F;=%7...:7' Y,:... ..eu t F-..>.w k:. ..:k- �.r r -i r.. ^c:r ,c .s .s 1 "t �n: d:� �.,,-d.� t �::.:...rH i f t,� a3::: _:..,.:,r-.. x�M y. _,a �a� �.,..a� .5'Ka- td,-� t .�.tir ,::�r y. y� r,�ti.u� ".:ca F 6��iv .^�"`js9 p,�..�. 9 �.,a,... v� �r x�' »r�t �.�t ...5',�,�' .-a... ..:F,..,: e:...kc.� .x. ..:a.a�. �:m._ .,t r.,. a�- w r.,"�-� �[�:.,�'f A s .h I t :•.'?zcr�.,c: xs t... g _'X r �r' v, i€"� �f ,.�*"�Y �1, r �F� i`.� !�q` .:.,t*�..� rY. ti r:«,:;, r a". _„n �...?'y... a� x5 .....:r �.-:ti^. m_. .e�. y 5x:. 2�"Y'ja}.Y: •�-1" ��l t �?4. .r i t�::.. 7s!?d�_.,-._, l;5',7�� r^+ 1-�:�' .2.`. iv.:r..�� i t x (G.� k. t.. �ir h_3� .'a�". �',.I. .`nfs,,.�K,��' b� "i` e^h� .i E. .0 +:..-.t fi�: �s..'. n l,. .�.,f�. a.r..8. S.. �.rt <��:t �Tti e.J.,...o ',..�A� �.N��..c. .r. ak� _..C �i! x-,.2:a-..�. �lF.^.m.f� N.:F,'..:f ..i'. ��5,� t..:._... ..w.,. .i .i s. i,� v. i .,..,z.. e .��w.,.. l r.,Sli.... �..�...,,A+.._, r+r✓:� a•S �x...:.#, n '�k 4. ..E .,l.. F...� ..r.,:�� .....tt,v.. ..�..�.,kx ...5..^wA ..y.Y _,...�a- ...tr `i.. ,.,.r ;t.at S ..4. �.3= j .w t L.S-.. U'��... n' e k!�1' .e+.. 3� 'S�� sa .r. �u•N .x... .�-�:r- ::.,�.x:..f,�s. .,.asr. a x'l�i i" .n.r� ,H :CJS�'"��.`fT s_.,C1. .<�A. :vPL ...�.,.��,"tk Y:-Ter.:.' e.;dX..:,e..; wx.':F6. .�.4__. ...i. .>�._i+f�. fa:.t'U 4�4�`_ r�kin�o-s+ti.��fl +¢�FAV�� aS�l..�. �...ci�.-.�...� �.a ^i.....:.. ...........��i�✓' r... .,..-r_�... '1' �..uc... ....4 I.r...v 'i�a.u.. h�.� ��i �.s.c� �.,...x i ry� f F S" :4r 4.> `if �KV %4�'r?.�i-:1 .fi�". s -o i.. Y.. ._.a.-.._ Ip..,, t�..w.�...7- �s7y;r ,r� t' �.To� u .,-P:T' r., o:�.. x�.., NF., a .zm.. .�.�,y i L. .+i.}3...' n �.Y,�.� +�i" .p Y--�., a- e� a ip.1F 'M j:_,_ s.Y7; rx.:,�.. �.•.r `T�..Y .M1C.,�� tr. x... .A �1.._>�'... n... e �A.F �...s,k r„ .r�n L .;u" ��?:�::C;, '�"�.'<r,G�'..., ,R4'� y F ...e.��. ,?.r..�a _�.uk��'°a. r i�n......:f 7.. .,.R�. .vr. a:..a..s Rk��i �..t[ .-r .,5�_ .3'�� S r '3 :�i.: i, i. .r�..b. i .Y -4 �..1 .x i .wv., J .'N' f ..�`!L 5 t .��'b:` rw-t F ,1,.. .s. zcp .s Y �.a. .s $'4� ,a�^"� .'c: �3.'Y.:}�. a .zr'.: <-.w,� �:k* �.a,. �:Y y ...x: �„�r. .y. k., ,.,+*s �'�cp��z� .,:{7.....:- S '#a' s�.� t 1,��i- ..�:^>..e.i. t 'Y�r �S .:i,. .+:r� :a i .u. `a-�� .k .ti.. �a.r;._ �yi -.n. m; Y ✓i� �t x h ,7�.� �,F i; ..d.c� t ,t: .a1 ...I' r �v �:�.i..... ��f. 1.'.'ti'.� '�a;:_� ^�!ii$�'5:�. 1C41y�: i ..J,.•� 3� 1 i��r! .....s..�� a.__ ..'�x.�+ f ,h -L.. .s �s_ s. 'U+.�*'�t :c��.� kd� _p� .�«S d; fi: ..��t rr...., ..i-� �;w. �a+.. r.r� r s>.. �.v�. �t _�'�.a...h. �a.,:Lx:..:�.V:�' ..s ..�.�.z:ti.... :.::=r�;.'�,E�:t�s:�,.,d�'. �:�.:t�.. �,��,�.�.w'.s�� .ue..s'..�h:=.,?,.j.ae�:s.:.�-, .,t t�,zrt.7„� M�i�3ii�..r City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE: November 20, 2008 TO: Brooklyn Center City Council FROM: Curt Boganey, City Mana� SUBJECT: Sidewalk Vacation-Halifax Avenue COUNCIL ACTION REQUIRED The Council is being asked to assess the request from a citizen to have the subject sidewalk vacated. BACKGROUND The City Council adopted a new graffiti ordinance at the last regular Council meeting. A few days later you received a memo from a resident living in the neighborhood suggesting that one possible solution would be to vacate the public use of the sidewalk so that adjacent property owners could fence the area off completely. Council member Yelich has requested that the Council review this subject a work session. Staff is investigating the issue and will be prepared to provide further insight and information at the meeting, Monday evening. COUNCIL POLICY ISSUES Wiil it serve the public interest to vacate the public use the subject sidewalk? 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www. cityofbrooklyncenter.org Curt Boganey om: Mark Yelich nt: Tuesday, November 18, 2008 12:31 PM To: Curt Boganey Cc: joel_cederholm@symantec.com Subject: FW: Ordinance Amending Chapter 19 of the City Code of Ordinances; Adding New Sections Relating to the Abatement of Graffiti Mr. Boganey, If possible, can this item please be added to the next council work session. While Mr. Cederholm poses a number of questions that may be related, I think the essential question for the council is whether it is in the best interest of all parties to close the walkway between Halifax and Grimes Ave in response to unwelcomed criminal activity in the area including gang graffiti. Any related information city staff can provide will be appreciated. Thank you. Respectfully, ��F�� 1C� Brooklyn Center Ciry Council 763-486-6001 Winds of change are helpful when there are leaders to trim the sails! From: Joel Cederholm (joel_cederholm@symantec.com] Sent: Tuesday, November 18, 2008 11:23 AM �u Mark Yelich bject: RE: Ordinance Amending Chapter 19 of the City Code of Ordinances; Adding New Sections Relating to the Abatement of Graffiti Hello Mr. Yelich Discussed with my neighbor, Chris Carlson, last night, and we'd like to get this on the agenda for the 24 if possible? Questions we'd like the City Manger to address concerning the sidewalk at 70 street between Halifax and Grimes Ave N. How many of these one block sidewalks exist in the city those that bisect a two block area, but that only span one block and number of police calls concerning the same. What are the width of these- is there any standard. Who maintains the adjoining fencing- the property owners or the city Number of police calls to the Culvers/Super America, etc strip mall at Brooklyn Btvd and 69` and what percentage of those relate to juvenile activity. Best regards -Joel Cederholm 7007 Grimes Ave N Brooklyn Center MN 763-560-8976 1 From: Mark Yefich [mailto:myelich@ci.brooklyn-center.mn.us) Sent: Tuesday, November 11, 2008 8:25 PM Joel Cederholm Curt Boganey Subject: RE: Ordinance Amending Chapter 19 of the City Code of Ordinances; Adding New Sections Relating to the Abatement of Graffiti Dear Mr. Cederholm, Thank you for taking the initiative to offer an alternative solution to what appears to be an on-going problem. I would imagine there are several factors that need to be given consideration before moving forward with your suggestion: the amount of existing pedestrian use of the passage. direct cost to private residents resulting from criminal activiry impact of forcing pedestrians to use alternative passage ways how much support there is from neighboring residents financial costs for changes I will be glad to consult with the city manager as to what the process would be for considering such action and report back to you in a few days. Respectfully, ��P"�'9��[��"i Brooklyn Center City Council 763-486-6001 From: Joel Cederholm [joel_cederholm@symantec.com] Sent: Tuesday, November 11, 2008 2:42 PM To: Tim Willson; Kay Lasman; Mary O'Connor; Dan Ryan; Mark Yeiich Subject: Ordinance Amending Chapter 19 of the City Code of Ordinances; Adding New Sections Relating to the Abatement of Graffiti Greetings Mayor, Council members Due to commitments with the Boy Scouts of America, I was unable to attend last night's meeting with my neighbor, Chris Carlson, to discuss the graffiti ordinance. I agree that something needs to be done about the `nuisance' of the graffiti As Mr. Carlson was not allowed any follow up to his statements last night, may I? tn i more of 'n he i walk at what would be 70 street between Halifax and Grimes s From what I ve been able to determi e t s de a`paved non-standard path of a narrow width' than a true sidewalk as compared to others in the city. It tends to be a high traffic area, mostly used by juveniles to loiter, litter, break bottles, smoke cigarettes and other things, leave the occasional stolen items and bicycles from Super America or as an avenue of escape after robbing the Culvers and hiding from police in our yards....and to frequently tag with spray paint. ssuming the city cannot afford to post a fulltime police presence here, as evidenced by even a response to our calls to r c ed wi h condemnation of this'sidewalk' return the land to the adjacent 4 land �o the vandalism how can we o e t g p owners so that we can fence it off completely, and thus remove the true nuisance the attraction of this little strip of sidewalk? z I Thanks in advance el Cederholm 007 Grimes Ave N Brooklyn Center MN 763-560-8976 3 �'�url� S+e��ic��► �.gen�.� It�� l�T�o:. rr� j f� 4 i. E �'ity of Brooklyn Center A Millennium Community MEMQRANDUM COUNCIL WORK SESSION DATE: November 20, 2008 TO: Brooklyn Center City Council FROM: Curt Boganey, City Mana� i�l�' SUBJECT: Employee Use Community Center COUNCIL ACTION REQUIRED City wellness committee has requested that we consider offering use of the Community Center to employees at no charge as way of encouraging fitness and improved health which should contribute greater productivity and reduced health care expense. BACKGROUND Research suggests employers get an average of $3.48 back in reduced health care costs and $5.82 in lower absenteeism cost for every dollar spent on employee wellness. According to the Journal of Occupational and Environmental Medicine, people who exercise as little as once a week in employee fitness programs average nearly five fewer sick days per year. Benefits For Employers: Enhanced employee productivity Improved health care costs management Decreased rates of illness and injuries Reduced employee absenteeism Benefits For Employees: Lower levels of stress Improved physical fimess Increased stamina Potential weight reduction The City of Shoreview provides all employees free membership to their community center. Employee members can upgrade to a family membership by paying the difference between the single and family fees. Budget Issues: There would be no significant impact on the budget. Employees would be permitted to use the facility during non working hours. The cost of lighting, heating and staffing the 6301 Shingle ree a kway l l v Recreation and Community Center Phone TDD Number Broohlyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www,cityo fbrooklyncenter. org COUNCIL POLICY ISSUES Is the adoption of the program consistent with the Council goals? Is this a fair and reasonable use of City Assets? �Vork Session Agenda Item l'�o. d Z n Center City of Brook y A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE: November 20, 2008 TO: Brooklyn Center City Council FROM: Curt Boganey, City Man� SUBJECT: Community Survey Review COUNCIL ACTION REQUIRED Staff has engaged Decisions Resources to prepare a community survey that is designed to provide feedback on variety of issues. We like the Council to be aware of the details and provide any comments that you may have before it is completed. BAC;KGROUND The CAR division of the City has received a grant through NWHHSC to identify ways to improve services to our changing population. Part of the grant provides for the completion of a survey. The Community Development Department is completing the 2030 Comprehensive Plan Update and as part of that effort planned to include a scientific community survey as form of public engagement. Finally the City Council has established goals and will be holding a retreat in February. As a way of providing feedback to the City Council the survey has been designed to provide the Council with citizen feedback o related to each of the Council goals. It is expected that the results of the feedback will available in advance of the February 28�' retreat. COUNCIL POLICY ISSUES ts re ardin the ro osed survey. Does the Council have an su estions or commen g g p P Y gg nter Phone TDD Number 6301 Shingle Creek Parkway Recreation and Community Ce Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityo fbrooklyncenter.org DECISION RESOURCES, LTD. City of Brooklyn Center 3128 Dean Court Residential Survey Minneapolis, Minnesota 55416 REVISED S,EPTEMBER 2008 Hello, I'm of Decision Resources, Ltd., a polling firm located in Minneapolis. We have been retained by the City of Brooklyn Center to speak with a random sample of residents about. issues facing the community. This survey is being conducted because the City Council and City Staff are interested in your opinions and suggestions about current and future city needs. I want to assure you that all individual responses will be held strictly confidential; only summaries of the entire sample will be reported. 1. Approximately how many years have LESS THAN TWO YEARS.....1 you lived in Brooklyn Center? TWO TO FIVE YEARS.......2 FIVE TO TEN YEARS.......3 TEN TO TWENTY YEARS.....4 20 TO 30 YEARS........ .5 OVER THIRTY YEARS.......6 DON'T KNOW/REFUSED......7 2. As things now stand, how long in LESS THAN TWO YEARS.....1 the future do you expect to TWO TO FIVE YEARS.......2 live in Brooklyn Center? FIVE TO TEN YEARS.......3 OVER TEN YEARS..........4 REST OF LIFE............5 DON'T KNOW/REFUSED......6 3. What do you like most, if anything, about living in Brooklyn Center? 4. What do you think is the most serious issue facing Brooklyn Center today? 5. How would you rate the quality of EXCELLENT ...............1 life in Brooklyn Center excel- GOOD ....................2 lent, good, only fair, or poor? ONLY FAIR...... .......3 POOR ....................4 DON'T KNOW/REFUSED......5 6. Which of the following two state- STATEMENT A .............1 ments comes closer to your STATEMENT B ..............2 feelings: BOTH OF ABOVE......... .3 (A) I call Brooklyn Center NEITHER .................4 "home." DON'T KNOW/REFUSED......5 (B) Brooklyn Center is just a place to live; I'd be just as happy elsewhere. 7. How would you rate the strength of EXCELLENT ...............1 community identity and the sense GOOD ....................2 of neighborliness in Brooklyn ONLY FAIR ...............3 Center excellent, good, only POOR ....................4 fair or poor? DON'T KNOW/REFUSED......5 8. To which of the following do you STATEMENT A .............1 feel a closer connection to: STATEMENT B .............2 A) The City of Brooklyn Center as STATEMENT C .............3 a whole, NONE OF ABOVE...........4 B) Your neighborhood, or DON'T KNOW/REFUSED......5 C) Your school district? 9. All in all, do you think things in RIGHT DIRECTION.........1 Brooklyn Center are generally WRONG TRACK .............2 headed in the right direction, or DON'T KNOW/REFUSED......3 do you feel things are off on the wrong track? Changing topics.... I would like to read you list of characteristics in a community. For each one, please tell me if you think Brooklyn Center cur- rently has too many or too much, too few or too little, or about the right amount. (ROTATE LIST) MANY FEW/ ABOUT D.K./ MUCH LITT RIGHT REF. 10. Affordable rental apartments 1 2 3 4 11. Luxury rental apartments 1 2 3 4 12. Rental homes? 1 2 3 4 13. Condominiums or townhouses? 1 2 3 4 14. Starter homes for young families? 1 2 3 4 "Move u" housin l 2 3 4 15. p g 16. Higher cost housing? 1 2 3 4 17. Senior housing? 1 2 3 4 18. Affordable housing, defined by the Metro olitan Council as a P II single family home costing less than $201,000? 1 2 3 4 19. Parks and open spaces? 1 2 3 4 20. Trails and bikeways? 1 2 3 4 21. Service establishments? 1 2 3 4 22. Retail shopping opportunities? 1 2 3 �4 23. Entertainment establishments? 1 2 3 4 24. Dining establishments? 1 2 3 4 25. How would you rate general redev- EXCELLENT ...............1 elopment in the City of Brooklyn GOOD ....................2 Center excellent, good, only ONLY FAIR ...............3 fair, or poor? POOR ....................4 DON'T KNOW/REFUSED......5 IF A RATING IS GIVEN, ASK: 26. Why do you feel that.way? 27. Do you support or oppose the con- STRONGLY SUPPORT........1 tinued redevelopment in the City SU.PPORT........ .......2 of Brooklyn Center? (WAIT FOR OPPOSE ..................3 RESPONSE) Do you feel strongly STRONGLY OPPOSE.........4 that way? DON'T KNOW/REFUSED......5 28. Are there any types of development you would like to see in the city? (IF "YES," ASK:) What are they? 29. Are there any types of development you would strongly op pose? As the City-of Brooklyn Center continues redevelopment.... 30. Do you support or oppose the City STRONGLY SUPPORT........1 providing financial incentives to SUPPORT .................2 attract specific types of develop- OPPOSE ..................3 ment? (WAIT FOR RESPONSE) Do you STRONGLY OPPOSE.........4 feel strongly that way? DON'T KNOW/REFUSED......5 Moving on.... 31. How would you rate the general EXCELLENT ...............1 condition and appearance of homes GOOD ........•••••2 in the community excellent, ONLY FAIR ...............3 good, only fair, or poor? POOR ...4 DON'T KNOW/REFUSED......5 32. Over the past two years, has the IMPROVED ................1 appearance of your neighborhood DECLINED ................2 improved, declined or remained REMAINED THE SAME.......3 the same? DON'T KNOW/REFUSED......4 For each of the following, please tell me whether the City is too tough, about right, or not tough enough in enforcing city codes on the nuisances. T00 NOT ABO DK/ TOU TOU RIG REF 33. Loose animals? 1 2 3 4 34. Junk cars on residential property? 1 2 3 4 35. Messy yards on residential property? 1 2 3 4 I 36. Messy yards on commercial property? 1 2 3 4 37. Weeds and tall grass? 1 2 3 4 38. Noise? 1 2_ 3 4 39. On street parking? 1 2 3 4 I 40. Are you aware of homes or proper- YES .....................1 ties in your neighborhood that are NO ......................2 in foreclosure? DON'T KNOW/REFUSED......3 IF "YES," ASK: 41. Do you have any concerns about the homes or properties in your neighborhood that are in foreclosure? (IF "YES," ASK:) What would those be? Moving on.... 42. Do you consider the city portion VERY HIGH ...............1 of your property taxes to be SOMEWHAT HIGH...........2 very high, somewhat high, about ABOUT AVERAGE...........3 average, somewhat low, or very low SOMEWHAT LOW............4 in c�mparison with neighboring VERY LOW ................5 cities? DON'T KNOW/REFUSED......6 43. When you consider the property EXCELLENT taxes you pay and the quality GOOD. of city services you receive, ONLY FAIR ...............3 would you rate the general value POOR ....................4 of city services as excellent, DON'T KNOW/REFUSED......5 good, only fair, or poor? In 2008, the actual percentage of your property taxes going to the City of Brooklyn Center was percent. 44. Would you favor or oppose an in- FAVOR ...................1 crease in YOUR city property tax OPPOSE ............2 if it were needed to maintain city DON'T KNOW/REFUSED......3 services at the ir current level? IF "OPPOSE," ASK: 45. What city services would you be willing to see cut? I ...........1 W ld ou favor or o ose an in FAVOR... 46 ou y Pp crease in city property taxes to OPPOSE ..2 W REFUSED. .3 enhance current city services or DON T KNO offer additional city services? IF "FAVOR," ASK: 47. What-services-would you like to see enhanced or of- fered? 48. How much would you be willing NOTHING .................0 to pay in additional property $20.00 taxes to enhance city ser- $40.00 ..................2 vices or offer additional $60.00 ...............3 city services? How about $80.00.. ..............4 per year? (CHOOSE A $100.00 .................5 RANDOM STARTING POINT; MOVE $12-0.00 .................6 UP OR DOWN DEPENDING ON RE- $140.00 .................7 SPONSE) How about per $160.00 .................8 year? (REPEAT PROCESS) DON'T KNOW/REFUSED......9 I would like to read you a list of a few city services. For each one, please tell me whether you would rate the quality of fair or oor? (ROTATE) s excellent ood onl P the service a g Y DK R EXCL GOOD FAI R POOR 49. Police protection? 1 2 3 4 5 50. Fire protection? 1 2 3 4 5 51. Recycling pick-up? 1 2 3 4 5 52. Storm drainage and flood control? 1 2 3 4 5 53. Park maintenance? 1 2 3 4 5 54. City-sponsored recreation programs? 1 2 3 4 5 55. Animal control? 1 2 3 4 5 Now, for the next three city services, please consider only their job on city-maintained street and roads. That means excluding interstate highways, state and county roads that are taken care of by other levels of government. Hence, Interstate 694, Highway 100, Highway 252, County Road 81 or Brooklyn Boule- vard, should not be considered. How would you rate EXCL GOOD FAIR POOR DK/R 56. City street repair and maintenance? 1 2 3 4 5 57. Snow plowing? 1 2 3 4 5 58. Street lighting? 1 2 3 4 5 59. When you consider the property EXCELLENT..-.-....._.....,.1 taxes you pay and the quality of GOOD ....................2 city services you receive, would ONLY FAIR ...............3 you rate the general value of city POOR ....................4 services as excellent, good, only DON'T KNOW/REFUSED......5 fair, or poor? Thinking about another topic.... 60. Are there areas in the City of YES ...1 Brooklyn Center where you do not NO ......................2 feel safe? DON'T KNOW/REFUSED......3 i IF YES, ASK: 61. In which areas do you not feel safe? 62. What would make you feel more safe? 63. Do you feel safe in your immediate YES.. ...................1 neighborhood walking alone at NO .................2 night? DON'T KNOW/REFUSED......3 64. Do you participate in Neighborhood YES .....................1 Watch? NO ......................2 DON'T KNOW/REFUSED......3 65. How•would you rate the amount of T00 MUCH ................1 police patrolling in your neigh- ABOUT RIGHT AMOUNT......2 borhood too much, about the NOT ENOUGH ..............3 right amount or not enough? DON'T KNOW/REFUSED......4 66. How would you rate the amount of T00 MUCH ................1 traffic enforcement by the police ABOUT RIGHT AMOUNT......2 in your neighborhood too much, NOT ENOUGH ..............3 about right amount or not enough? DON'T KNOW/REFUSED......4 67. How serious of a problem is traf- VERY SERIOUS............1 fic speeding in your neighborhood SOMEWHAT SERIOUS........2 very s�rious, somewhat serious, NOT T00 SERIOUS.........3_ not too serious, or not at all NOT AT ALL SERIOUS......4 serious? DON`T KNOW/REFUSED......5 68. Please tell me which one you consider to be the greatest concern in Brooklyn Center? If you feel that none of these problems are serious, just say so. Violent crime I Traffic speeding .........02 Traffic volume on residential streets........:._03 Drugs......................................... .04 Youth crimes and vandalism ...05 Identity theft Business crimes, such as shoplifting and check fraud ............................07 Residential crimes, such as burglary, andtheft .........08 Vandalism ..............09 ALL EQUALLY. NONE OF THE ABOVE DON'T KNOW/REFUSED.. ..............12 I Continuing.... The Brooklyn Center park system is composed of larger community parks and smaller neighborhood parks, trails, community ballfields and the Community Center. Of these facilities, which have you or members of your household used during the past year? YES NO DKR 69. Lar er community par ks? 1 2 3 g 2 3 r nei hborhood arks. 1 70. Smalle g p 71. Trails? 1 2 3 I 72. Community ballfields? 1 2 3 73. Community Center? 1 2 3 74. In gener�al, do you feel that YES existing recreational facilities NO •2 offered by the City meet the DON'T KNOW/REFUSED......3 needs of you and members of your household? IF "N0," ASK: 75. What additional recreational facilities would you like to see the City offer its residents? 76. Have you or members of your house- YES .....................1 hold participated in any City NO•..••••••••••••••••••• park and recreation programs? DON'T KNOW/REFUSED......3 IF "YES," ASK: 77. Which ones? 78. Were you satisfied or dis- SATISFIED ...............1 satisfied with your exper- DISSATISFIED............2 ience? DON'T KNOW/REFUSED......3 79. Does the current mix of City park YES .....................1 and recreation programming meet NO ......................2 the needs of your household? DON'T KNOW/REFUSED...:..3 IF "N0," ASK: 80. What program(s) do you feel are lacking? 81. Do you or members of your household currently leave the city for park and recreation facilities or activities? (IF "YES," ASK:) What would that be? 82. What is your principal source of information about parks and recreation programs and facilities in the City of Brooklyn Center? The City has had on-going discussions in the community about the need for remodeling the Community Center to allow it to continue to be a community gathering space for recreation programs, com- munity activities and meetings. 83. Do you support or oppose the re- STRONGLY SUPPORT........1 modeling of the Community Center? SUPPORT .................2 (WAIT FOR RESPONSE) Do you feel OPPOSE ..................3 strongly that way? STRONGLY OPPOSE.........4 DON'T KNOW/REFUSED......5 84. If the Community Center were re- VERY LIKELY .............1 modeled, how likely would you or SOMEWHAT LIKELY.........2 members of your household be to NOT TOO LIKELY..........3 use the facility very likely, NOT AT ALL LIKELY.......4 somewhat likely, not too likely, DON'T KNOW/REFUSED......5 not at all likely? I would like to read you a list of offerings which could be in- cluded in a Community Center. For each one, please tell me if you would strongly support the use of city funding for that offering, somewhat support, somewhat oppose, or strongly oppose the use of city funding for that offering. (ROTATE) STS SMS SMO STO DKR 85. Gymnasiums? 1 2 3 4 5 86. A Fitness center? 1 2 3 4 5 87. An indoor swimming pool? 1 2 3 4 5 88. An indoor water park? 1 2 3 4 5 89. An outdoor swimming pool? 1 2 3 4 5 90. An outdoor waterpark? 1 2 3 4 5 91. An indoor fieldhouse? 1 2 3 4 5 92. An indoor walking/running track? 1 2 3 4 5 93. Banquet rooms with kitchen facilities for wedding and large gatherings? 1 2 3 4 5 94. Meeting rooms? 1 2 3 4 5 95. Space for senior programs? 1 2 3 4 5 96. Space for teen programs? l 2 3 4 5 97. An indoor children's playground? 1 2 3 4 5 98. Indoor soccer fields? 1 2 3 4 5 Now, I would like to briefly re-read the list. 99. Please tell me which one, if any, of those facilities you would place as the top priority? 100. Of the remaining facilities, which one would you rank as the second priority? 101. Is there any one facility you are most opposed to? (IF "YES," ASK:) Which one? TOP SEC OPP GYMNASIUMS ...........................0 FITNESS CENTER .......................02.... INDOOR SWIMMING POOL 03....03....03 INDOOR WATER PARK ....................04....�4....04 OUTDOOR SWIMMING POOL ................05....05.... OUTDOOR WATER PARK ...................06....0 INDOOR FIELDHOUSE ....................07....0 INDOOR RUNNING/WALKING TRACK.........08....08.... BANQUET ROOMS ........................09.... MEETING ROOMS .........10....10....10 SENIOR CENTER ........................11.... TEEN CENTER ..........................12.... INDOOR CHILDREN'S PLAYGROUND.........13....13.... INDOOR SOCCER FIELDS .................14....1 ALL (VOL.) ...........................15.... MULTIPLE (VOL.) ......................16.... NONE (VOL.) ..........................1 DON'T KNOW/REFUSED ...................18.... 102. Are there any facilities we have not discussed that you would like to see included in a Communi�y Center? (IF "YES," ASK:) What would that be? Moving on.... As you may know, the populations of most inner ring suburban areas are becoming more diverse in terms of age, household income, race, and ethnicity. 103. In general, do you think that GOOD THING ..............1 I growing population diversity is a BAD THING ...............2 good thing or a bad thing for the BOTH (VOL) ..............3 community? DON'T KNOW/REFUSED......4 IF A RESPONSE IS GIVEN, ASK: 104. Could you tell me one or two reasons why you feel that way? how well re ared do VERY WELL ...............1 105. Currently, p p you think the community is to meet SOMEWHAT WELL...........2 the growing diversity of residents NOT T00 WELL .............3 very well, somewhat well, not NOT AT ALL WELL.........4 too well, or not at all well? DON'T KNOW/REFUSED......5 IF "NOT T00 WELL" OR "NOT AT ALL WELL," ASK: 106. Could you tell me one or two reasons why you feel that way? Changing topics.... 107. Other than voting, do you feel YES .....................1 that if you wanted to, you could NO .....................2 have a say about the way the City DON'T KNOW/REFUSED......3 I of Brooklyn Center runs things? 108. How much do you feel you know A GREAT DEAL............1 about the work of the Mayor and A FAIR AMOUNT...........2 City Council a great deal, a VERY LITTLE .............3 fair amount, very little, or none NONE AT ALL .............4 at all? DON'T KNOW/REFUSED......5 109. From what you know, do you approve STRONGLY APPROVE........1 or disapprove of the job the Mayor APPROVE .................2 and City Council are doing? (WAIT DISAPPROVE ..............3 FOR RESPONSE) And do you feel STRONGLY DISAPPROVE.....4 strongly that way? DON'T KNOW/REFUSED......5 110. How much first hand contact have QUITE A LOT .............1 you had with the Brooklyn Center SOME ....................2 City staff quite a lot, some, VERY LITTLE .............3 very little, or none? NONE ..................4 DON'T 111. From what you have heard or seen, EXCELLENT ...............1 how would you rate the job per- GOOD ....................2 formance of the Brooklyn Center ONLY FAIR ...............3 City staff excellent, good, POOR only fair, or poor? DON'T KNOW/REFUSED......5 112. During the past year, have you YES.-•• contacted Brooklyn Center City NO•.•••••••••••••••••••• Hall? DON'T KNOW/REFUSED......3. IF "YES," ASK: 113. On your last telephone call POLICE DEPARTMENT.......1 or visit, which Department FIRE DEPARTMENT.........2 did you contact the Police PUBLIC WORKS............3 Department, Fire Department, COMMUNITY CENTER........4 Public Works, Community Cen- HOUSING OFFICE..........5 ter, Housing office, Park and PARKS AND REC...........6 Recreation, Building Inspec- BUILDING INSPECT........7 tions, Engineering, Planning, ENGINEERING .............8 Administration, the Asses- PLANNING ................9 sor's Office, the Finance ADMINISTRATION......... Department, or the General ASSESSOR'S OFFICE......11 Information Desk reception FINANCE DEPT...........12 ist? GENERAL INFORMATION....13 DON'T KNOW/REFUSED.....14 �Thinking about your last contact with the City, for each of the following characteristics, please rate the service as excellent, good, only fair, or poor.... EXC G00 FAI POO DKR 114. Waiting time for the reception ist to help you? 1 2 3 4 5 115. Courtesy of city staff? 1 2 3 4 5 116. Ease of obtaining the service you needed? 1 2 3 4 5 Movin on. g 117. What is your principal source of information about Brooklyn Center Cit Government and its activities? Y 118. How would you prefer to receive information about Brooklyn Center City Government and its activities? 119. During the past year, did you YES•-•.••••••••••••••••• receive the "City Watch," the NO ..2 City's monthly newsletter? DON'T KNOW/REFUSED......3 IF "YES," ASK: 120. Do you or any members of your YES .........1 household regularly read it? NO .................2 DON'T KNOW/REFUSED......3 121. Does your household currently sub- YES...... scribe to cable television? N�••••••-••••••••••-•••• REFUSED .................3 IF "YES," ASK: As you may know, the City currently cablecasts City Council and Planning Commission meetings. 122. How often do you watch City FREQUENTLY ..............1 i Council or Planning Commis- OCCASIONALLY............ sion meetings frequently, RARELY ..................3 I occasionally, rarely, or NEVER ...................4 never? DON'T KNOW/REFUSED......5 123. Do you have access to the Internet HOME ONLY ...............1 at home? (WAIT FOR RESPONSE) Do WORK ONLY ...............2 you have access to the Internet BOTH ....................3 at work? NEITHER .................4 DON'T KNOW/REFUSED......5 IF "YES," ASK: 124. How do you connect to the YES/DIAL-UP .............1 internet at home--on a dial- YES/DSL .................2 up modem, DSL, Cable YES/ CABLE.......3 High Speed Internet, YES/ CABLE..........4 Cable High Speed Inter- YES/CELLULAR WIRELESS...5 net, cellular wireless, or YES/SOME OTHER WAY......6 some other way? (IF "OTHER," DON'T KNOW/REFUSED......7 ASK:) How? 125. Have you accessed the City's YES .....................1 web site? NO ..........2 DON'T KNOW/REFUSED......3 IF "YES," ASK: 126. Were you able to find YES .1 what you were looking NO ......................2 for? DON'T KNOW/REFUSED......3 127. What information would you like to see on the City of Brooklyn Center's web site? 128. How would you rate the City's EXCELLENT ...............1 overall performance in communicat- GOOD ....................2 ing key local issues to residents ONLY FAIR ...............3 in its publications, on the Web- POOR ....................4 site, and on cable television DON'T KNOW/REFUSED......5 excellent, good, only fair, or poor? Now, just a few more questions for demographic purposes.... Could you please tell me how many people in each of the following age groups live in your household. i 129. Persons 65 or over? NONE ONE. TWO OR MORE .............3 130. Adults under 65? NONE ....1 ONE..................... TWO .....................3 THREE OR MORE...........4 131. School-aged children and pre- NONE ....................1 schoolers? ONE .....................2 TWO.....................3 THREE OR MORE...........4 132. Do you own or rent your present OWN .....................1 residence? RENT ....................2 REFUSED .3 133. What is your age, please? 18-24 ...................1 (READ CATEGORIES, IF NEEDED) 25-34 ...................2 35 -44 ...................3 45-54 ...................4 55-64 ...................5 65 AND OVER .............6 And now, for one final question, keeping in mind that your answers are held strictly confidential.... 134. Thinking about your household fin- STATEMENT A .............1 ances, how would you describe your STATEMENT B .............2 financial situation, would you say STATEMENT C ..:..........3 that STATEMENT D .............4 A} Your monthly expenses are ex- DON'T KNOW/REFUSED......5 ceeding your income; B) You are meeting your monthly expenses but are putting aside little or no savings; C) You are managing comfortably while putting some money aside; D) Managing very well? Thank you for your time. Good-bye. 135. Gender (DO NOT ASK) MALE ....................1 FEMALE ..................2 136. REGION OF CITY 'V�c�r� Se�sian A.genda It��. �o� '7 �r City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE: November 20, 2008 TO: Brooklyn Center City Council FROM: Curt Boganey, City Mana�� SUBJECT: Vacant Building Fees COUNCIL ACTION REQUIRED Staff has prepared two draft resolutions to amend various fees related to building t ro ert ordinance. Our intent is to lace item on the next ins ections and the new vacan P P P Y p Regular Council Meeting agenda with Council approval. BACKGROUND The Council has recently adopted ordinances that require a change in our fee structure. In response staff has prepared the attached memo for your review. As matter of law, fees may be charged to recover the reasonable costs associated with delivery of a particular government service to an individual or property. As a general rule fees may not be devised as means to penalize a particular lawful activity. When establishing fees the City may elect to charge less than actual or full cost of a particular service as way of encouraging participation in a particular program. In many cities recreational programs for youth have fees below the true costs of the program. As you will note from the information attached we have attempted structures fees so that full costs are recovered by all fee payer but higher fees are associated with those who cause the City to encourage high costs. COUNCIL POLICY ISSUES Do the proposed fees meet the cost recovery and policy objectives of the ordinances? 6301 Shingle Creek Parhway Recreation and Community Center Phone TDD Number Broohlyn Center, MN 55430-2199 (763) 569-3400 D Number 763 569-3300 FAX (763) 569-3434 Cit Hall TD y FAX (763) 569-3494 www.cityo fbrooklyncenter.org COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant to the City Manager DATE: November 24, 2008 SUBJECT: Resolutions Amending the Fee Schedule for Certain Inspection and Neighborhood Maintenance Services Recommendation: Staff is recommending the adoption of the subj ect resolutions amending the fee schedule for certain inspection and public nuisance services. Background: Certain services for maintaining the community in a safe and attractive condition are performed by the Community Development Department and Public Works Department. Costs of these services are sometimes reimbursed through fees and service charges, fully or partially. By law, the maximum charges must appropriately reflect the costs the city incurs. Fees and service charges are periodically reviewed and adjusted accordingly. As a result, two resolutions are presented for Council consideration. Many items were considered in the recommendation of these fees including: Should the costs of city services be fully recovered or partially subsidized based on overall impact to public good? How does the charge or fee influence the desired outcome and city council goals? Is the charge justifiable in accordance with State law? Some charts are provided for review in the attachments. These charts indicate some of the fees and charges, as well as fee structures, in other cities. SUMMARY OF FIRST RESOLUTION Reinspection Fees Reinspections perFormed under Chapters 12 and 3, reinspections of rental properties and building inspections. The proposed changes are as follows: Increase the reinspection fee from $50 to $100. The reinspection would continue to apply to the 2 reinspection and each successive reinspection. This fee was last changed in 2005. For multi-unit properties, a reinspection fee would apply to each unit and the common area in order to more appropriately cover the costs of service. Currently a large complex is only charged the one reinspection fee regardless of the number of areas and units requiring reinspection. I.e. reinspecting a single family home would be charged the same amount as reinspecting an apartment complex with 100 units. City Facilitated Abatement Service Charges A tiered fee schedule is proposed to help rec�ver city costs associated with the elimination of nuisances where voluntary compliance is not achieved from the responsible party. The fees are based on average resource costs for certain abatements. Typically abatements with higher costs are a result of more complex problems and take more resources. The fees would provide a more uniform application to various types of abatements. I.e. long grass/weed, junk/garbage, securing property, etc. Instead of multiple charges for certain types of services, the fees have been combined so they are easier for the customer to understand and easier for the staff to administer through a more streamlined process. A sumtnary of the second resolution is provided below. Baseline fees associated with vacant buildings are indicated. If a property requires other city services, they would be charged a service charge as otherwise indicated by the existing fee schedule. SUMMARY OF SECOND RESOLUTION Registration Fee The second resolution sets forth vacant building registration fees. A broad spectrum of fee schedules range throughout the nation based on condition of properties, years vacant, overall impact to city service costs, direct costs, support of organization goals, or combination thereo£ A tiered fee schedule is proposed to encourage maintenance of properties and efforts to place the property back into positive use with the following considerations: It is important to be able to monitor changes in the housing conditions, and base housing strategies on gathered information. Monitoring vacant properties that become vacant for more than 30 days provides a tool to accomplish this. However, properties that are well maintained and the responsible party is actively working to re-occupy, demolish or otherwise provide long-term solution would take less city resources and a minimal fee is proposed. The 30 day vacancy prior to registration would allow the property owner to make any necessary corrections and improvements prior to registering with the city. Properties vacant for more than a year inherently become a greater risk of vandalism, dumping, attractive nuisance and detraction to the neighborhood requiring a greater amount of city resources for monitoring, inspecting, responding to complaints, criminal activities, vandalism, property investigation, water shutoffs, and enforcement. Budget Issues: Many items were considered in the recommendation of these fees including: Should the costs of city services be fully recovered or partially subsidized based on overall benefit to the public and community? How does the charge or fee influence the desired outcome and city council goals? Is the charge justifiable in accordance with State law? Attachments: I Resolution Reinspection Fees and City Abatement Charges II Resolution Vacant Building Registration Fees III- Fee Comparisons for Various Cities for Re-occupancy type services RESOLUTION- REINSPECTION FEES AND CITY-FACILITATED ABATEMENTS Member introduced the following resolution and moved its adoption: RES�LLTTION NO. RESOLUTION AMENDING THE SCHEDULE FOR REINSPECTION FEES AND ADDING A SERVICE CHARGE FOR CITY-FACILITATED ABATEMENT WHEREAS, the City Council of the City of Brooklyn Center adopted Resolution No. 2005-152 on October 10, 2005, which amended the fees to be charged for reinspections relative to Chapter 12- Building Maintenance and Occupancy Ordinance and Chapter 3-Building Code; and WHEREAS, certain city codes authorize city-facilitated abatements for certain public nuisances and code violations; and WHEREAS, the City Council has determined that it v�ishes to modify the fees for reinspections per Chapter 12 and Chapter 3 and add a service charge for city-facilitated abatements. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to amend the City's fee schedule for reinspections as follows: 1. Reinsbection Fee Schedule A reinspection fee shall be collected from the applicant, owner or responsible party as set forth below. For multi-unit buildings, a separate reinspection fee shall apply for each common area and each unit. Reinspection charge- $100 Reinspection fee for complexes of $100 for each common area, 4 or mare units plus $50 each unit 2. Citv-Facilitated Abatement Service Char�e Abatement Costs Administrative Service Charqe Up to $999 150 $1,000 to $4,999 300 $5,000 to $9,999 750 $10,000 to $14,999 $1,250 $15,000 or more $1,750 Each Junk or Inoperable Vehicle 150 Each non-assessed diseased treeJstump 50 Removal (by agreement) BE IT FIJRTHE�Z RESOLVED BY THE City Council �f the City of Brooklyn Center that.this resolution shall be effective November 24, 2008. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. RESOLUTION- VACANT BUILDING REGISTRATION FEES Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE SCHEDULE ADDING A FEE FOR VACANT BUILDING REGISTRATION AND RE-OCCUPANCY INSPECTIONS WHEREAS, the City Council of the City of Brooklyn Center adopted a vacant building ordinance, Chapter 12; and WHEREAS, city code authorizes registration requirements for vacant buildings and inspections prior to re-occupying a vacant building; and WHEREAS, the City Council has determined that it wishes to add a fee to help recover the city costs of monitoring and providing city services associated with vacant buildings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to amend the City's fee schedule for vacant building registration and re- occupancy inspections as follows: 1. Vacant Buildin� Re�istration Fee Schedule An annual registration fee shall be collected from the applicant, owner or responsible party as set forth below. Category 1- 100 Property vacant for less than 1 year, and does not have any code violations or has not been issued a compliance notice for code violations. Category 2- 400 Property vacant for less than 1 year, and has code violations, or has been issued a compliance notice far code violations. Category 3- $1,000 Property vacant for more than 1 year up to 3 years Category 4- $3,000 Property vacant for 3 years or more 2. Re-occunancv Insbection Fees A property maintenance re-occupancy fee is required for registered vacant buildings as follows: Apartment/Condo $115 Townhome $195 Single Family $195 Duplex $275 o Reinspection fees apply according to fee schedule 3. Residential Rental Property Conversion Fee Single-family or two-family (duplex, doubles, side-by-side, etc.) 500 residential property converted to a rental property or registered residential vacant building re-occupied as rental property. BE IT FURTHER RESOLVED BY THE City Council of the City of Brooklyn Center that this resolution shall be effective December 20, 2008. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following vote d against t he same: Whereupon said resolution was declared duly passed and adopted. i ATTACHMENT III- FEE COMPARISONS FOR VARIOUS CITIES FOR FEES AND SERVICE CHARGES Please note that the comparative information provided in the following charts was gathered from multiple city sources and is accurate to the best of our knowledge. k .E� e c ��.i f 'v Y�"i� �}u �.1,�� i. y uY� t. x'�y xr e r T y y� r v s�� t' S 8 3 �Ql��.v� k7� y �k3 k4�� 6 3 _,,.,�:e� 1��'��''�i e4 9 2�� F ;.z a;N� ,y�� y y 4 i �C P 5' d£ �'T f'�� y c r �a i5�" w r y,�"j �1.�..vi2.f.9�z.'� ,n, 3�},�. '2 „br.,,, .'�:'t' .C'� we�.,s�� s .a.',. �`��7`a.� .`v.;. ..�>'..�`l.. <.,"��A .P �`,r,;.,; Brooklyn Park �$150 all housing types New Hope Duplex: $135.00 each unit total $270.00, Multi family: $13 5.00 first unit Plus $15.00 for each additional unit. Bloomington $185 Richfield $100, $35 reinspection fee for 2 Reinspection St. Louis Pazk Condo $115, Single Family $195, Townhouse $195, Duplex $275 Crystal Single Family $125, Two Family $150, Reinspection no-show $50 3 X L ��'�?'a`��+�ui��ea� f�i��cat�`��t�rli��ai�. ��'��I�� r,. .�;�„r �e;.; _K:, I I I I Minneapolis $6,000 Does not include property w/no code violations St Paul $1,000 Does not include property w/no code violations Desert Hot Springs �$60 Chula Vista $70 Penalties for noncompliance. An annual registration fee shall accompany this registration form. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due January 1 st of each year and must be received no later than January 31 of the year due. Registration fees will not be prorated Wilmington 1 year $500.00 Does not include properties in the Delaware vacant: process of demolition, rehabilitation, or other substantial repair of the 2 years $1,000.00 vacant building, and work will be vacant: completed in a reasonable time; or 3 4 $2,000.00 years actively attempting to sell or lease the vacant: property during the vacancy period. 5 9 $3,500.00 years vacant: 10 years $5,000.00 vacant: 10+ $5,000.00, plus an years additional $500.00 vacant: for every year the property is vacant over 10 years. �z ,y� y a y F "t� �'v��t L�� W7�� R�+II��t��'.�y C��: F�4 �i�r� �z r� v�. �"y, a;� 4 `a Z y� l, U h i ��t .�>,.._...�d.. ,..,r, �1 I I Minneapolis $1000 Brooklyn Park $500 West Lafayette,lN �$500 1 I