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Home My WebLink About2006 03-27 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION March 27, 2006 6:00 P.M. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Discussion of Work Session Agenda Items as Time Permits 3. Miscellaneous 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center March 27, 2006 AGENDA 1. Informal Open Forum With City Council 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Council Report 7. Approval of Agenda and Consent Agenda —The following items aze 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 —Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. March 13, 2006 Study Session 2. March 13, 2006 Regular Session 3. March 13, 2006 Work Session b. Licenses c. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2006-05, 06, 07, and 08, Contract 2006-B, Humboldt Avenue and Earle Brown Drive Street, Storm Drainage, and Utility CITY COUNCIL AGENDA -2- March 27, 2006 Improvements d. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2005-09, Contract 2005-D, Lift Station Nos. 7 and 10 Control Cabinets and Security Improvements e. Resolution Accepting Bid and Authorizing Award of a Contract, Improvement Project No. 2006-10, 2006 Street Seal Coating 8. Presentation Northwest Hennepin Human Services Council Annual Art Contest 9. Public Hearings a. Resolution Certifying Special Assessments for Delinquent Weed Removal Costs for 7112 Halifax Avenue North to the Hennepin County Ta�c Rolis •Requested Council Action: —Open the Public Hearing. —Take public input. —Close the Public Hearing. —Motion to adopt resolution. b. An Ordinance Amending Chapter 19 of the City Ordinances Regarding the Parking and/or Storage of Vehicles, Trailers, and Watercraft in Front Yards or Yards Abutting a Public Street —This item was first read on February 13, 2006; published in the City's official newspaper on March 9, 2006; and is offered this evening for second reading and Public Hearing. •Requested Council Action: —Open the Public Hearing. —Take public input. —Close the Public Hearing. —Motion to adopt ordinance. 10. Council Consideration Items a. Resolution Expressing Recognition and Appreciation of Donn Escher •Requested Council Action: —Motion to adopt resolution. b. Proclamation Declaring Apri12006 as Child Abuse and Neglect Prevention Month •Requested Council Action: —Motion to adopt proclamatian. CITY COUNCIL AGENDA -3- March 27, 2006 I c. Proclamation Declaring Apri12-8, 2006, to be Community Development Week •Requested Council Action: —Motion to adopt proclamation. d. Resolution Establishing City Council Code of Policies and Repealing Previous Resolutions and Motions in the Form of Policy Statements. I •Requested Council Action: Motion to adopt resolution. e. Resolution Authorizing Submission of Projects to the Shingle Creek and West Mississippi Watershed Management Commission 2007-2009 Capital Improvement Program. •Requested Council Action: —Motion to adopt resolution. I 11. Adjournment I City Council Agenda Item No. 7a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 13, 2006 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen. Councilmember Mary O' Connor was absent and excused. Also present were Acting City Manager/Director of Operations Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, and Deputy City Clerk Camille Yungerberg. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lasman asked where the Central Storage Facility would be located in relationship to the Public Works facility. Public Works Director/City Engineer Todd Blomstrom explained that it will be located on the Public Works site. He explained that the proposed building will be smaller due to space shortage. He discussed the possibility of creating outside storage on Camden Avenue near the well. He explained that the existing building is narrow and long, making loading hard, however the new building will have a wider stnzcture with several openings for different materials. He stated once the plans are assembled, a presentation will be made to the City Council. Acting City Manager/Director of Operations Curt Boganey announced that the City Council meeting would not be televised live due to inclement weather. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS PROPOSED CITY COUNCIL CODE OF POLICIES Mayor Kragness inquired about page 219, Special Assessment and Internal Loan Interest Rate Policy and asked if the City charges the golf course interest on the loan. She requested that Mr. Boganey flag the area for City Manager Michael McCauley's review. Councilmember Niesen stated if the resolution does not say it is a City Council policy, it should not be called a policy. 03/13/06 1 DRAFT i Councilmember Lasman inquired about page 260, Section II, 2.71 Residential Stop Sign Policy and stated the importance that residents have a way of showing the need or desire for a stop sign by means of petition. She described a particular instance where the neighbors have voiced their concerns for the lack of a stop sign on a four block strip of 54 Avenue and James Avenue. She stated the traffic committee indicated that the intersection does not meet the criteria. She stated the residents should have the opportunity for petition. Councilmember Carmody suggested having a smart trailer at the intersection of 54�' Avenue and James Avenue to gauge the traffic. It was the consensus of the City Council for this item to appear on a Work Session agenda for further discussion. COUNCIL MEMBER CARMODY: DISCUSSION OF HOUSING COMMISSION LIST OF POTENTIAL PROJECTS Councilmember Carmody stated she does not agree with the goals of the Housing Commission and their focus on the Discover the Center Campaign. Mayor Kragness stated positive information about the City needs to be given out to help compensate for the recent negative press regarding eminent domain. The City Council discussed the PR Campaign proposed by the Housing Commission. The City Council discussed the Housing Commission's list of potential projects. i Councilmember Niesen stated she would like the Housing Commission to drive around each neighborhood and list the top three axeas of needed improvement. Councilmember Lasman stated number six should be omitted from the list because it has been I completed. ADJOURNMENT Councilmember Niesen moved and Councilmember Lasman seconded to close the Study Session I at 6:45 p.m. Motion passed unanimously. I City Clerk Mayor I 03/13/06 2 DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER iN THE COUNTY i OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 13, 2006 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen. Also present were Acting City Manager/Director of Operations Curt Boganey, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Yungerberg. Councilmember Mary O'Connor was absent and excused. Myrna Kragness opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Informal Open Forum closed at 6:47 p.m. 2. INVOCATION Tuan Huynh, Grand Knight, Knights of Columbus Counci16772, St. Alphonsus Parish, offered a prayer as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:00 p.m. 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen. Councilmember Mary O'Connor was absent and excused. Also present were Acting City Manager/Director of Operations Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Yungerberg. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 03/13/06 1 DRAFT 6. COUNCIL REPORT Councilmember Lasman stated on March 8 she attended the meeting on eminent domain. She stated it was a good opportunity for citizens to testify on the topic. She stated on March 9`", she attended a Special Events final meeting for the year, next year's being held on February 3ra Councilmember Carmody stated she also attended the eminent domain meeting on March 8�'� She stated an update has been submitted for the Watershed meeting that she attended. Councilmember Niesen stated she drove around many neighborhoods in the City to address the parking and regulation of the number of vehicles issue. She announced that the public hearing on the issue will be held at the next City Council meeting. Mayor Kragness stated she also attended the eminent domain meeting on March 8�` where people from many cities attended. She stated she attended the inaugural dinner and ball for the organization of Liberians in Minnesota on Saturday night. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent agenda and agenda as amended, with the removal of Item No. 7d from the Consent Agenda to Council Consideration Item No. lOd and amendments to the February 27, 2006 Regular Session minutes, February 27, 2006 Work Session minutes, and March 6, 2006 Joint Meeting with the Financial Commission as submitted by Councilmember O'Connor. Mayor Kragness and Councilmember Lasman abstained from the vote on the January 23, 2006, Study, Regulax, and Work Session minutes as they were not present at the meetings. The following consent items were approved: 7a. APPROVAL OF MINUTES 1. January 23, 2006 Study Session (Roll Call Amended) 2. January 23, 2006 Regular Session (Roll Call Amended) 3. January 23, 2006 Work Session (Roll Call Amended) 4. February 13, 2006 Regular Session (tabled from 02/28/06 meeting) 5. February 27, 2006 Study Session 6. February 27, 2006 Regular Session February 27, 2006 Work Session 8. March 6, 2006 Joint Meeting with the Financial Commission 7b. LICENSES LIOUOR CLASS D ON-SALE INTOXICATING LIOUOR LICENSE Saysouri Enterprises LLC dba Boba Cafe Asian Restaurant Bar 1331 Brookdale Center LIOUOR CLASS C ON-SALE INTOXICATING LIOUOR LICENSE, Investment Properties of Brooklyn Center dba Days Inn 1501 Freeway Boulevard 03/13/06 2 DRAFT RENTAL Renewal 1425 55�' Ave N(1 Bldg, 4 Units) Trung Duong 3807 61 Ave N(Single Family) Toshie Metzger 3200 64`�' Ave N(Single Family) Keith McConnell 1323 67�' Lane N(Single Family) Terry Hartmann 4703 68 Ave N(Single Family) Bernard McDonough 1300 68`�' Lane N(Single Family) Terry Hartmann 6207 Chowen Ave N(Single Family) Doreen Kalema 6835 Colfax Ave N(Single Family) Adeyinka Badewa 5801 Dupont Ave N(Single Family) John Joan Ford 4100 Lakebreeze Ave N(1 Bldg, 4 Units) Bruce Waage 6100 Summit Drive (1 Bldg, 140 Units) Lang Nelson Associates 6500 Willow Lane (Single Family) Brett Hildreth Initial 6939 Brooklyn Blvd (Single Family) Jacob Yanish 2006 71 Ave N(Single Family) Kamal Haaji-Hussein Ibrahim 6031 Halifax Ave N(Single Family) Luis Perez 7033 Unity Ave N(Single Family) Geri Lovelace 7c. RESOLUTION NO. 2006-32 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2006-01, 02, 03, AND 04, CONTRACT 2006-A, CENTERBROOK AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 7e. RESOLUTION NO. 2006-33 ESTABLISHING IMPROVEMENT PROJECT NOS. 2007-01, 02, 03 AND 04, CONTRACT 2007-A, FREEWAY BOULEVARD AND SHINGLE CREEK PARKWAY STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS; AND IMPROVEMENT PROJECT NOS. 2007-05, 06, 07, AND 08, CONTRACT 2007-B, RIVERWOOD AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Motion passed unanimously. 8. PUBLIC HEARINGS 8a. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS 1. RESOLUTION NO. 2006-34 CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS 03/13/06 3 DRAFT i 2. RESOLUTION NO. 2006-35 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS 3. RESOLUTION NO. 2006-36 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Acting City Manager/Director of Operations Curt Boganey explained that the pubiic hearings are for assessments for diseased trees, weed removal, and delinquent utilities. Councilmember Carmody moved and Councilmember Lasman seconded to open the Public Hearing on Proposed Special Assessments for Diseased Tree Removal Costs, Delinquent Weed Removal Costs, and Delinquent Public Utility Service Accounts. Motion passed unanimously. Soiyid Rizvi, 7112 Halifax Avenue, stated while out of town on July 31, 2005, the City came to his home to cut the grass. He explained that there is one section in his yard that is used for vegetables which had tall weeds. He stated that after his wife asked them not to, they cut the grass and charged him $230.00. He stated disagreement with the amount because he was told he would be charged $45.00 per hour, for the two and a half hours of work, which would total $112.50. He also stated concern that he did not receive prior notification of these charges, before the letter notifying him of assessment. Mr. Bo ane ex lained that letters ex lainin the char es are mailed to residents prior to the g Y P P g g assessment notification. City Attorney Charlie LeFevere explained the appeal process and stated the City Council can adopt all of the proposed tax assessments with an exception of this one, allowing it to be reviewed. Mayor Kragness stated she would like the situation reviewed and set the date of March 27, 2006, as the date for Mr. Rizvi to return to the City Council for further review. Foluso Famuyide, 3118 61 St Avenue, explained financial difficulties that have prevented him from paying his City utility bill. He stated he is a student with a wife and three children to support. He stated concern that his mortgage will increase again when these charges are assessed. He asked to make a payment plan. Mayor Kragness explained that the City needs to be paid for the services rendered. Councilmember Niesen thanked Mr. Rizvi for coming to speak to the Council and stated the City has legal obligations to collect the money and suggested that he seek assistance with other arganizations. Councilmember Carmody stated concern that if he is unable to afford the extra $30.00 on his mortgage, he would not be able to afford it on a payment plan. 03/13/06 4 DR.AFT Mr. Boganey explained that if the amount was to be assessed and escrowed by his bank, it would be divided into 12 months with an interest of 5.5% added. Mr. LeFevere stated the amount would be assessed to the property ta�ces however would not show unti12007. Councilmember Lasman moved and Councilmember Niesen seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006-34 Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Tax rolls, RESOLUTION NO. 2006-35 Certifying Special Assessments for Delinquent Weed Removal Costs to the Hennepin County Tax Rolls, RESOLUTION NO. 2006-36 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls, with the exception of 7112 Halifax Avenue. I Motion passed unanimously. 8b. IMPROVEMENT PROJECT NO. 2006-05, 06, 07 AND 08, CONTRACT 2006-B, HUMBOLDT AVENUE AND EARLE BROWN DRIVE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 1. RESOLUTION NO. 2006-37 ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2006-05, 06, 07 AND 08, CONTRACT 2006-B, HUMBOLDT AVENUE AND EARLE SROWN DRIVE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS I 2. RESOLUTION NO. 2006-38 CERTIFYING SPECTAL ASSESSMENTS 2006-OS CONTRACT 2006-B FOR IMPROVEMENT PROJECT NOS. HUMBOLDT AVENUE AND EARLE BROWN DRIVE STREET IMPROVEMENTS Public Works Director/City Engineer Todd Blomstrom presented a PowerPoint presentation on the Humboldt Avenue and Earle Brown Drive Improvement Project that detailed the following information: Past Council Actions Map of Humboldt Avenue Project Proposed Improvements Humboldt Avenue Map of Earle Brown Drive Project Proposed Improvements —Earle Brown Drive Project Revenue Summary Special Assessment Payment Options Proposed Project Schedule I 03/13/06 5 DRAFT Mayor Kragness inquired about the sidewalks on the east side of the Earle Brown Drive project. Mr. Blomstrom explained that the project would extend the existing sidewalks. Mayor Kragness stated concern that the sidewalks would be problematic with the hotel construction and new ed for now and if res nded the sidewalks should be includ driveway placement. Mr. Blomstrom po need be, the sidewalks can be delayed when the construction process begins. He discussed the inconvenience of construction and sta.ted the project will be divided into phases. Staff and the City Council discussed the assessments of the proposed development. Councilmember Carmody moved and Councilmember Lasman seconded to open the Public Hearing on Improvement Project No. 2006-05, 06, 07 and 08, Contract 2006-B, Humboldt Avenue and Earle Brown Drive Street, Storm Drainage, and Utility Improvements. Motion passed unanimously. No public input was offered. Councilmember Carmody moved and Councilmember Niesen seconded to close the Public Hearing. Motion passed unanimously. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006-37 Ordering Improvements and Authorizing Development of Plans and Specifications for Improvement Project Nos. 2006-05, 06, 07 and 08, Contract 2006-B, Hzunboldt Avenue and Earle Brown Drive Street, Storm Drainage, and Utility Improvements and RESOLUTION NO. 2006-38 Certifying Special Assessments for Improvement Project Nos. 2006-05, Contract 2006-B, Humboldt Avenue and Earle Brown Drive Street Improvements Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2006-002 SUBMITTED BY ADAM SWAN. REQUEST FOR SPECIAL USE PERMIT APPROVAL TO CONDUCT A HOME OCCUPATION IN THE GARAGE AT 5821 CAMDEN AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS FEBRUARY 16, 2006, MEETING. Adam Swan, 5821 Camden Avenue, explained that the tools he will be using are of professional grade and along with adequate insulation, the noise should be minimal. He stated he does cabinetry and small furniture. Mr. Boganey stated according to the minutes there were no residents who spoke against the proposal at the public hearing for the item. i 03/13/06 6 DRAFT Councilmember Niesen explained that because Mr. Swan will be using his garage as a workshop, more caxs will be parked in the driveway. Councilmember Lasman moved and Councilmember Niesen seconded to approve Planning Commission Application No. 2006-002 Submitted by Adam Swan subject to the following conditions recommended by the Planning Commission: 1. The Special Use Permit is granted for a woodworking home occupation involving the use of an accessory structure on the property. Said home occupation will involve woodworking, cabinetry and furniture making. This home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the Special Use Permit. 2. The Special Use Permit is subject to applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 3. All vehicle parking associated with the home occupation shall be off street on improved space. Vehicle parking on the property shall be in compliance with Section 19-103, Subdivision 12 of the City Ordinances regarding the size of vehicles allowed. 4. The hours of operation shall be between 9 a.m. and 5 p.m. Monday through Friday. 5. All materials and equipment associated with the home occupation shall be stored indoors. There shall be no outside storage associated with this home occupation. 6. The a licant shall comply with recommendations of the Building Official with respect pp to safety related matters regarding the location and operation of this home occupation. 7. The applicant shall provide appropriate fire extinguishers in the area of the home occupation per the recommendation of the Building Official. 8. The applicant sha11 maintain any licenses or permits required by other governmental agencies and copies of such shall be kept on file with the City. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. PROCLAMATION DECLARING MARCH 2O06 TO BE MINNESOTA FOODSHARE MONTH Councilmember Lasman read the proclamation. Mayor Kragness presented the Proclamation Declaring March 2006 to be Minnesota Foodshare Month to a representative of CEAP. 03/13/06 7 DRAFT Councilmember Carmody moved and Councilmember Niesen seconded to adopt a Proclamation Declaring March 2006 to be Minnesota Foodshare Month. Motion assed unanimousl P Y lOb. CHARTER COMMISSION RECOMMENDATION REGARDING AMENDMENTS TO SECTIONS 3.11 AND 4.04 OF THE BROOKLYN CENTER CITY CHARTER Mr. Boganey stated the Charter Commission has been working on amendments and the Commission will present their recommendations regarding amendments to Sections 3.11 and 4.04 of the Brooklyn Center City Charter to the City Council. Stanley Leino, Charter Commission Chair, explained that in regard to Section 3.11, the Commission felt to better serve those residents who are unable to leave their home, the City Ordinances should be available on the City's website. He stated understanding of the magnitude of the project however the Charter Commission would like to start the process. He stated in regard to Section 4.04, the Charter Commission felt the low fee for filing does not cover the amount of time spent by City Staff. He stated the amount should be set high enough to cover some City expenses, but still allow for a hardship waiver by way of petition. Mr. LeFevere suggested that the City Code be available on the City's website rather than the City Ordinances, due to the amount of information included in the City Ordinances. Mayor Kragness asked that this item be discussed with the City Manager and put on a Work Session agenda. Councilmember Carmody suggested that Staff comment on the item to better explain their involvement. Mayor Kragness sta.ted the current fee of $5.00 is not enough due to the amount of Staff involvement in elections. She stated she would not be opposed to the suggested fee of $50.00. Councilmember Carmody stated justification for the increase should be shown. It was the consensus of the City Council that Mr. Boganey report to the City Manager who will determine at which Work Session this item will be discussed, and then the Charter Commission will be notified. lOc. MAYORAL APPOINTMENT: PLANNING COMMISSION MEMBERS Mayor Kragness requested ratification of the appointment of Michael Parks and Gary Ford to the Planning Commission. 03/13/06 8 DRAFT Councilmember Lasman moved and Councilmember Niesen seconded to ratify Mayoral appointment of Michael Parks and Gary Ford to the Planning Commission. Motion assed unanimousl P Y lOd. (FORMERLY CONSENT AGENDA ITEM NO. 7D) RESOLUTION NO. 2006-39 ESTABLISHING IMPROVEMENT PROJECT NO. 2006-I1, CENTRAL STORAGE FACILITY IMPROVEMENTS AND AWARDING A PROFESSIONAL SERVICES CONTRACT FOR ARCHITECTURAL SERVICES Councilmember Niesen inquired about how the size of the shelter is determined and how many tables will be under the shelter. Mr. Blomstrom stated the budget indicates the buildings to be replaced in 2007. He stated the process came to a halt because space was running out. He stated a discussion with the Park and Recreation department should take place to determine the order of the replacement and the priority. He stated the size of the shelters could be reviewed by the City Council at a later date. Mayor Kragness discussed reasons that the buildings should be replaced with shelters, primarily vandalism. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006-39 Establishing Improvement Project No. 2006-11, Central Storage Facility Improvements and Awarding a Professional Services Contract for Architectural Services. Motion passed unanimously. 10. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjourmnent of the City Council meeting at 8:49 p.m. Motion passed unanimously. City Clerk Mayor 03/13/06 9 DRAFT 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 MARCH 13, 2006 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority met in Work Session and was called to order by Mayor/President Myrna Kragness at 8:54 p.m. ROLL CALL Mayor/President Myrna Kragness and Councilmembers/Commissioners Kathleen Carmody, Kay Lasman, Diane Niesen. Commissioner/Commissioner O'Connor was absent and excused. Aiso present were Acting City Manager/Director of Operations Curt Boganey and Deputy City Clerk Camille Yungerberg. PROPOSED CITY COUNCIL CODE OF POLICIES This item was discussed at the Study Session. COUNCIL MEMBER CARMODY: DISCUSSION OF HOUSING COMMISSION LIST OF POTENTIAL PROJECTS This item was discussed at the Study Session and the following is a continuation of the topic: The City Council discussed the negative image of Brooklyn Center and ways to improve the image. They also discussed the residents, median ages of residents and homes, and conditions of the homes. Mayor/President Kragness stated the City Council should counteract the negative comments with positive ones. Councilmember/Commissioner Niesen stated she would like the Housing Commission to look at the individual neighborhoods and assess them with strengths and needed improvements of each. She suggested that money be dedicated to funding projects to improve the appearances of the neighborhoods, such as landscaping improvements. Acting City ManagerlDirector of Operations Curt Boganey displayed the ordinance outlining the requirements of the Housing Commission and suggested that the City Council may want to take it into consideration when determining their desires for the Housing Commission. 03/13/06 1 DR.AFT Councilmember/Commissioner Lasman agreed that the Housing Commission's list of requirements per City Ordinance be considered. Mayor/President Kragness stated she would like the Housing Commission to take a look at the list from the Ordinance and reconsider their proposed list. MISCELLANEOUS Councilmember/Commissioner Niesen stated City Manager Michael McCauley's review still needs to be completed. Mayor/President Kragness stated the review of the City Manager is not at the top of the list of priorities. It was the consensus of the City Council to cancel the March meeting of the Housing Commission until City Council is further prepared. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Carmody seconded adjournment of the City Council/Economic Development Authority Work Session at 9:40 p.m. Motion passed unanimously. City Clerk Mayor/President 03/13/06 2 DRAFT City :Council Agenda Item No. 7b i City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager 1 FROM: Sharon Knutson, City Clerk C� DATE: March 22, 2006 SUBJECT: Licenses for Council Approval The following companies/persons have applied for City licenses as noted. Each company/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on March 27, 2006, are as follows: MECHANICAL Air Corps, LLC 3700 Annapolis Ln, Plymouth Associated Mechanical 1257 Marshall Road, Shakopee Benck Mechanical 628 230 Ave, Somerset Centerpoint Energy 13562 Central Ave, Anoka Centraire 7402 Washington Ave, Eden Prairie C O Carlson 3449 2" Street N, Minneapolis Conrad Mechanical 14400 James Road, Rogers Corporate Mechanical 5114 Hillsboro Ave, New Hope Cronstroms 6437 Goodrich Ave, St. Louis Park Ditter Cooling Htg 820 Tower Drive, Hamel D. J.'s Heating Air 6060 LaBeaux Ave, Albertville Excel Air Systems 2075 Prosperity Rd, Maplewood Fore Mechanical 6520 88�' Ave NE, Blaine Golden Valley Hearint Air 13405 15 Ave, Plymouth Heating Cooling Two 18550 Cty Road 81, Osseo Home Energy Center 15200 25 Ave N, Plymouth Knott Mechanical 710 Pennsylvania Ave, Golden Valley LBB Mechanical 315 Royalston Ave, Minneapolis McDowall Company P O Box 1244, St. Cloud M& D Plumbing Heating 11050 26�' Street NE, St. Michael Metropolitan Mechanical 7340 Washington Ave S, Eden Prairie Modern Heating Air 2318 First Street NE, Minneapolis New Mech Co 1633 Eustis Street, St. Paul Niemela's Signs Graphics 1056 E Cliff Road, Burnsville Oii Site Mechanical 7900 Halstead Dr, Minnetrista Practical Systems 4342B Shady Oak Rd, Hopkins Quality Refrigeration, Inc. 6237 Penn Ave So, Richfield 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 F.AX (763) 569-3434 FAX (763) 569-3494 www.cityo fbrooklyncenter.org Licenses for Council Approval Page 2 March 27, 2006 Ray Welter Heating Co 4637 Chicago Ave, Minneapolis Riccar 2387 Station Parkway, Andover River City Sheet Metal Inc. 8290 Main Street NE, Fridley Ron's Mechanical 4120 85�" Ave N, Brooklyn Park Schadegg Mechanical, Inc. 225 Bridgepoint Dr, So St Paul Sharp Heating Air Cond 7221 University Ave NE, Fridley Solid Refrigeration LLC 1125 American Blvd E, Bloomington Standard Heating 410 West Lake Str, Minneapolis St. Marie Sheet Metal, Inc. 940 Spring Lake Park Rd, Spring Lake Park Suburban Air Cond Co 1290 Osbourne Rd NE, Fridley Thelen Heating Roofing 1717 13 Street SE, Brainerd Thermex Corporation 3529 Raleigh Ave S, Minneapolis Total Refrigeration 949 So Concord Street, So St. Paul UHL Company 9065 Zachary Lane, Maple Grove Utility Partners 9901 Indigo Trail, St. Paul Wencl Services 8148 Pillsbury Ave S, Bloomington Wenzel Heating Air Con 4131 Old Sibley Mem Hwy, Eagan Yale Mechanical 9649 Girard Ave So, Minneapolis RENTAL Renewal Marvin Garden Townhomes (9 bldgs, 52 Units) Redevco Marvin Garden Ltd 1 Burglary, 1 Weapons 3614-16 SOth Ave N(1 bldg, 3 units) Kjirsten Bjerke-Keenan 3 Disturbance (There were no calls for the following) 1706 71 st Ave (Single Family) Patricia Sandeen 3819 France Place (Single Family) Robert Lindahl 6804 Fremont Place (Single Family) Dwight Buckner 6821 Noble Ave N(Single Family) Reuben Ristrom 6825 Scott Ave N(Single Family) Douglas Pederson 3206 Thurber Road (Single Family) Mainsl Properties 4809-11 Twin Lake Ave N(1 bldg, 6 units) Curtis Erickson Initial 5424 70th Circle (Single Family) Mikal Harris 6324 Scott Ave N(Single Family) Benson Vang SIGNHANGER Amtech Lighting Services 6077 Lake Elmo Ave, Stillwater Crosstown Signs 16307 Aberdeen Str NE, Ham Lake I Licenses for Council Approval Page 3 March 27, 2006 Install This Awning Sign 5345 4 Str, Brooklyn Center Signart Inc 2170 Dodd Road, Mendota Heights Spectrum Sign Systems, Inc. 2025 Gateway Cir, Centerville TOBACCO Grand St. Paul CVS, LLC dba CVS Pharmacy 5801 Brooklyn Boulvard i City Council Agenda Item No. 7c City of Brooklyn Center A Millennium Community MEMORANDUM DATE: March 21, 2006 TO: Michael McCaule Ci Mana er Y h' g FROM: Todd Blomstrom, Director of Public Works �j SUBJECT: Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2006-05, 06, 07, and 08, Contract 2006-B, Humboldt Avenue and Earle Brown Drive Street, Storm Drainage, and Utility Improvements On March 13, 2006, the City Council conducted a series of two public hearings on the proposed Humboldt Avenue and Earle Brown Drive Street, Storm Drainage and Utility Improvements. The first hearing was to consider ordering the improvements and authorizing the development of plans and specifications. The second hearing was to consider certification ofproposed special assessments for the improvement project. Following the public hearings, the City Council ordered the improvements and directed staff to prepare plans and specifications. Construction plans, specifications and contract documents have been completed for the Humboldt Avenue and Earle Brown Drive proj ect. Staff is prepared to begin the project bidding process upon authorization from the City Council. The bidding process would involve advertisement of the proj ect in the City's official newspaper and in the Construction Bulletin magazine. Sealed bids would be collected, opened on a scheduled bid opening date, and tabulated by the City Clerk and City Engineer. Staff anticipates that the bid results will be presented to the City Council for consideration of the contract award at the May 8, 2006 City Council meeting. Attached for consideration is a City Council resolution approving the project pians and specifications and authorizing advertisement for bids. Detailed plan sheets will be available for review at the City Council meeting. 6301 Shingle Creek Parkway Recreation ¢nd 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 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2006-05, 06, 07, AND 08, CONTRACT 2006-B, HUMBOLDT AVENUE AND EARLE BROWN DRIVE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on March 13, 2006, by Resolution No. 2006-37 ordered Improvement Project Nos. 2006-05, 06, 07, and 08, Humboldt Avenue and Earle Brown Drive Street, Storm Drainage, and Utility Improvements, and authorized the preparation of plans and specifications; and WHEREAS, staff under the direction of the City Engineer have prepared said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The plans and specifications for Improvement Project Nos. 2006-05, 06, 07 and 08 are hereby approved and ordered filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of such improvements in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Brooklyn Center for 5 percent of the amount of such bid. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7d �I City of Brooklyn Center A Millennium Community MEMORANDUM DATE: March 20, 2006 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2005-09, Contract 2005-D, Lift Station Nos. 7 and 10 Control Cabinets and Security Improvements On April 11, 2005 the City Council authorized the award of Improvement Project No. 2Q05-09, Lift Station Nos. 7 and 10 Control Cabinets and Security Improvements to Electric Installation and Maintenance Company (EIM) of Maple Plain, Minnesota. EIM has completed the installation work and is now requesting final payment for the project. The original contract amount was $46,100.00. There were no change orders for the installation work. The Contract consisted of the replacement of lift station control cabinets and telemetry equipment for two of the City's ten sanitary sewer lift stations. This project was the final year of a planned three- year program to replace control cabinets at a total of six sanitary sewer lift stations. The Contract also included the installation of chemical feed security improvements, municipal well building security improvements and exterior security lighting improvements at two of the City's elevated water storage tanks. Security improvements included in the contract were identified as part of a mandatory water system vulnerability assessment that was conducted in response to state and federal mandates. EIM has completed all work under the contract within budget and with acceptable quality of the finished product. Attached for consideration is a City Council resolution accepting the wark performed and authorizing payment for the final contract amount of $46,100.00 for Contract 2005-D, Lift Station Nos. 7 and 10 Control Cabinets and Security Improvements. 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 I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2005-09, CONTRACT 2005-D, LIFT STATION NOS. 7 AND 10 CONTROL CABINETS AND SECURITY IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Electrical Installation and Maintenance Company of Maple Plain, Minnesota has completed the following improvement in accordance with said contract: Improvement Project No. 2005-09, Contract 2005-D, Lift Station Nos. 7 and 10 Control Cabinets and Security Improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: l. It is hereby directed that final payment be made on Improvement Project No. 2005-09, Contract 2005-D, taking the contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $46,100.00. 2. The estimated installation costs and revenues are hereby amended as follows: COSTS As Approved As Final Contract 46,100.00 46,100.00 Contingency (10%) 4.610.00 0 Total Estimated Installation Cost 50,710.00 46,100.00 REVENUES As Annroved As Final Water Utility Fund (49141-6530) 22,110.00 20,100.00 Sanitary Sewer Utility (49251-6409) 28,600.00 26.000.00 Total Estimated Revenue 50,710.00 46,100.00 RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City of Brooklyn Center A Millennium Community MEMORANDUM DATE: March 21, 2006 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Accepting Bid and Authorizing Award of a Contract, Improvement Project No. 2006-10, 2006 Street Seal Coating BACKGROUND Based upon previous Council authorization (Resolution No. 2006-21), bids for the 2006 Street Seal Coating Project were solicited as part of a joint powers agreement for street maintenance activities with the cities of Coon Rapids, Andover, Fridley and Columbia Heights. The intent of this agreement is to provide an opportunity to obtain lower unit bid prices by combining annual maintenance work for several communities into one project bid in order to promote a more competitive bidding environment. CONTRACT AWARD Construction contract bids were collected and opened by the City of Coon Rapids on March 3, 2006. The bidding results for Brooklyn Center's portion of the contract are tabulated as follows: Bidder Bid Amount Allied Blacktop 64,421.60 Pearson Brothers 84,851.31 Asphalt Surface Technologies $102,827.75 Of the three (3) bids received, the lowest bid of $64,421.60 was submitted by Allied Blacktop Company of Maple Grove, Minnesota. The engineer's construction cost estimate for this project was $69,350.00 based on historical bid prices. The lowest bid is approximately seven (7) percent lower than the estimate. A map depicting the roadways designated for seal coating is attached. RECOMMENDATION Attached for City Council consideration is a resolution accepting the project bids tabulated by the City of Coon Rapids and authorizing the award of a construction contract to Allied Blacktop Company for Improvement Project No. 2006-10. 6301 Shingle Creek Parkway Recreatior and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (963) 569-3434 FAX (763) 569-3494 www. cityo fb rook dyncenter. org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AUTHORIZING AWARD OF A CONTRACT, IMPROVEMENT PROJECT NO. 2006-10, 2006 5TREET SEAL COATING WHEREAS, bids for 2006 Street Seal Coating activities were solicited under the Joint Powers Agreement for street maintenance activities as authorized by City Council Resolution No. 2006-21; and WHEREAS, pursuant to an advertisement for bids, bids were received, opened, and tabulated by the City of Coon Rapids on the 3 rd day of March, 2006. Said bids for Brooklyn Center's portion of the contract are as follows: Bidder Bid Amount Allied Blacktop 64,421.60 Pearson Brothers 84,851.31 Asphalt Surface Technologies $102,827.75 WHEREAS, it appears that Allied Blacktop Company is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Engineer is hereby authorized and directed to order 2006 seal coating activities, pursuant to the Joint Powers Agreement for Street Maintenance Activities, for Improvement Project No. 2006-10, aceording to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. Project costs shall be allocated as follows: Public Works Street Maintenance (43220-6404) $45,095.12 Municipal State Aid Fund (43220-6404) $19,326.48 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 1 i •I r ��ee�ee�wommuw 'C 9111111u p' unuum�� CP ��u �C i_Pi� u�i�n nr.�'•_e 'u"i.:,,I,ql �m i�um�nnn: e� �rJli v .��Y'.s ��C..� .,��_q �p� 1 1U�W 6: �A�I�IIhi -lp: �ne[ i� C+�' .r i r�. �iiii�l: i•�: r�.,.,.�.,:.,.,�... �n ii�iiuni� n �;�."�:�%C�;�C'��'� �n� q e�u�1� �iiiiRnni 1 �:i��i�:!� 1� :n�ii ij•� i� C pi .��,i. y I� r�C 1�: �sq��.�� ,i I%/I ir:1 �e� ui ui �p �t/ I/• ��c,-� uiiiii7i� i!. s: "s i�i' �i;,!i r ..:■n.Re.e.....,.�.�:� i�i i�i ni-�i no �In► �p '7i�' i�iiiiiin �C��''•uEaPS eey' �F i�� i111� I �uuullu�� =�,1°i--,-s��y\•:I� �er:�eee�� i �;�'a�a ��I��i� �O �'n�;u� in� t�� j I�� /��?:CI: �c .��C e,�" s_ r i �C :'.i'�'�� •.7 a= �R R;..��:::: p i��', ��I[+iu� =��-r �:yC� :!AIAlAU:�' �eei C =I i�i C n►�►I/uu�G �1111111111 J� :�hs�! :�piynl �'i1 ��.!!Al�hentni. �q� C :1�111111111� I� i,�,��n 111�� ••'I�II11 �I�IIIDi �p ��uII 11 ��7i ��e:� �IIIII�IC�i!pl�� I��UJ� �I r �IIA. 1�� V.�•� I 1'm�e�aw:uaa�:e. �i1- ��''rl u I II�I V C� ��.:C ��e�� u R ?r��r� nU1%I'��I` �C'�� iiiniii.�= ==1': :un��p�iip� �`�i1�\ s: ::•:e p -ei'�' 411111UIIqNmmnql y; I IIII� p um�ii�iiimnnl� :��1�11�� II1111111111�. �7 u.ee,ee,_e�u.,.. �il� �r miiiii�iiwq ��1�nnn �Oiuuuur� 7 ��i C' �ttp► ��'Q i� r\I► i C �vR�eI1R�eRea�� p:7111q11 ��11111111�1 0 �IIM�M;�� V� °a.., l' ui��iiii�iii��O��/ IYIIIIIII IIIIIIIIIIIO p��1'��l��11� �a p i :ubnunmunRlli�`7t1l7111�lIIIIq��UC� ��..�AII4 ��Ij`�si ��III� �11111� Sil� �.'��1�� O�:l� /II��4�� nri ■..r�. ■q ��I�� .Illlllq p iiii i ��e�' ��Ii� a� ��_3�:°- p j �1\��oun�p��4� �n14/� /1 Illllunu ��e'� �p ��I�C�t� lIIrIIj I� IU ��IUII��U i'p'. a�9,R? ��E I n� e�� e��nuuu !�i C�.J ur s,� .��s�o�� C'; in`° �C?�� il�� iiiT�L�Ipii� �nuuuu��n: O ��n��. n� iC�r�O�u Ce �Q•,,� !n�n��lpun n!e�w��u�q! 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McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works T�� SUBJECT: Resolution Certifying Special Assessments for Delinquent Weed Removal Costs for 7112 Halifax Avenue North to the Hennepin County Tax Rolls General Information The City Council conducted a series of public hearings on March 13, 2006 to consider certification of proposed special assessments for Diseased Tree Removal Costs, Delinquent Weed Removal Costs, and Delinquent Public Utility Service Accounts. The Council approved the proposed assessments with the exception of the proposed assessment for 7112 Halifax Avenue North. The Council scheduled a second public hearing on March 27, 2006 to allow staff to provide additional information regarding the proposed special assessment for delinquent weed removal costs for the property located at 7112 Halifax Avenue North based on issues raised by the property owner. BackQround On June 17, 2005, the City received a complaint from a resident reporting tall grass and weeds on the property located at 7112 Halifax Avenue North. City staff inspected the property and determined that the grass and weeds within the property exceeded 8-inches in height. On June 20, 2005, the City issued a notice to the property owner informing him to mow the weeds and tall grass on the property within 7 days. On June 30, 2005, staff performed a second inspection and determined that mowing had not been completed at the property. The City's mowing contractor was dispatched to the property on July 1, 2005 and reported back to the City that mowing had recently been completed prior to their arrival. The contractor graciously agreed to waive the $90 minimum charge after mobilizing to the site. On July 18, 2005, the City received a second complaint from a resident reporting tall grass and weeds at 7112 Halifax Avenue North. City staff performed an inspection and verified the existence of tall grass on the property and weeds up to 30-inches in height. Staff issued a notice to the property owner to cut the tall grass and weeds located on the property. On July 25, 2005, staff performed a second inspection and confirmed the existence of tall grass and weeds. The City's mowing conhactor was dispatehed to the properiy a second time on July 27, 2005 to mow the property. The contractor completed the work as directed. 6301 Shingle Creeh Parkway R�creation 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 Notification Process When property owners do not cut/destroy weeds or tall grass within seven days, the City attempts to contact the property owner before a work order is issued to the city's contractor. Included with the notice is a cover letter, the City of Brooklyn Center Ordinance relative to the control of noxious weeds and tall grass and general information about the weed and tall grass program. A copy of the two notices sent to the property owner of 7112 Halifax Avenue are attached to this memorandum. The property owner did not respond to either of the two notices. When a Notice to Abate Noxious Weeds/Tall Grass Removal Agreement is sent to a property owner and that owner does not make an attempt to notify the City of their intentions to comply with the notice within 7 days, the City's contractor is dispatched to mow the tall grass and remove weeds. Assessment Calculation The City's contractor charges $45.00 per hour, 2 hour minimum. These charges are processed as a pending assessment recorded against the property. In the event the city must send another notice at any tirne during the remaining season, a$100 inspection service charge is added to the weed/tall grass cutting charges. Property owners are advised they will also be charged a$30 special assessment fee (per property), and a$10 capitalized interest charge. The City incurs a significant cost for administrative work to address tall grass and weed complaints. City costs inelude staff inspections, sending notices, follow-up inspections, vehicle costs, coordinating the mowing contractor, and administering special assessments. For most cases, the $100 fee does not cover the entire cost incurred by the city. In this case, the City has incurred more than $100 in administrative costs to address the failure to prevent weeds and tall grass at 7112 Halifax Avenue North. Recommendation Attached for consideration is a City Council resolution certifying the special assessment amount of $230.00 for the property located at 7112 Halifax Avenue North to the Hennepin County Tax Rolls. Staff recommends Council adoption of the proposed assessment. Notice to Abate Noxious Weeds/Tall Grass Removal Agreement/ City of Brooklyn Center Date: June 20, 2005 6301 Shingle Creek Parkway PID: 27-119-21-31-0043 Brooklyn Center, MN 55430 Address: 7112 HALIFAX AVE N This is to inform you that the property identified above has been found to have noxious weeds or tall grass classified as a public nuisance in accordance with City Ordinances. If you are not the owner or manager of this property, please advise us immediately. The following are the weeds or grass so identified, and the cost of removal. CASE TYPE OF CUTTING NUMBER NUISANCE LOCATION COST FEE 143 TALL GRASS ENTIlZE YARD $45/Hour $100.00 (2 Hour minimum) ERADICATION: MOW KEEP MOWING INSTRUCTIONS: Read the enclosed information, check one option, and sign below. �ptlOri 1: I am totally responsible for the mowing/destruction of the noxious weeds/tall grass and I will notify the I City (763-569-3495) that removal is complete within seven (7) days of the date of this notice. OptlOn 2: I authorize the City's contractor to mow/destroy the noxious weeds/tall grass, and I understand I I I will be invoiced for the price listed above after the removal is complete. ��tiOri 3: I authorize the City's contractor to mow/destroy the noxious weeds/tall grass, and I understand that v I that the amount listed above plus additional fees will be assessed against my property. f 3 0 d� /Vv /22a�o�ac� �'7��utit� ounrw�, U.n,�l� �b a�",u.�•� 7uvti+cG� d�:�a�cl� CO��i.d.c�,�r I AM THE OWNER OF THE ABOVE DESCRIBED PROPERTY, AM AUTHORIZED TO BIND SAID PROPERTY, AND AGREE TO THE CONDITIONS SPECIFIED BY THE OPTION I HA VE SELECTED. I AGREE TO PAY THE SPECIFIED COSTS IF REMOVED BY THE CITY'S CONTRACTOR, ACCORDING TO THE SPECIFICATIONS ON FILE AT THE CITY ENGINEER'S OFFICE. I ACKNOWLEDGE RECEIPT OF THIS NOTICE. �1o�/a� Authonzed Signatum Datt L �77'l�� r LaGt07� �Q,�' .QC.� 7�Q G�,(/LLPJ �u�w� C�.� `��d Phone (day) Phone (night) IC. Fot Otfice Use bn]v: Received Opt Ent Asmnt Pend List �l .SAII'ID RIZVI 7112 HALIFAX AVE N BROOKLYN CENTER MN 55429 Notice to Abate Noxious Weeds/Tall Grass Removal Agreement City of Brooklyn Center Date: July 18, 2005 b301 Shingle Creek Parkway P1D: 27-119-21-31-0043 Brooklyn Center, MN 55430 Address: 7112 HALIFAX AVE N T'his is to inform you that the property identified above has been found to have noxious weeds or tall grass classified as a public nuisance in accordance with City Ordinances. If you are not the owner or manager of this property, please advise us immediately. The following are the weeds or grass so identified, and the cost of removaL CASE TYPE OF CUTTING NUMBER NUISANCE LOCATION COST FEE 172 TALL GRASS ENTIRE YARD $45/Hour $100.00 (2 Hour minimum) ERADICATION: MOW KEEP MOWING INSTRUCTIONS: Read the enclosed information, check one option, and sign below. �ptlOri 1: I am totally responsible for the mowing/destruction of the noxious weeds/tal] grass and I will notify the I City (763-569-3495) that removal is complete within seven (7) days of the date of this notice. OptlOri Z: I authorize the City's contractor to mow/destroy the noxious weeds/tall grass, and I understand I I I will be invoiced for the price listed above after the removal is complete. OptlOri 3: I authorize the City's contractor to mow/destroy the noxious weeds/tall grass, and I understand that X that the amount listed above plus additional fees will be assessed against my property. �/a�lo� ��'�d °`w'.� �,z��- I AM THE OWNER OF THE ABOVE DESCRIBED PROPERTY, AM AUTHORIZED TO BIND SAID PROPERTY, AND AGREE.TO THE CONDITIONS SPECIFIED BY THE OPTION I HAVE SELECTED. I AGREE TO PAY THE SPECIFIED COSTS IF REMOVED BY THE CITY'S CONTRACTOR, ACCORDING TO THE SPECIFICATIONS ON FILE AT THE CITY ENGINEER'S OFFICE. I ACKNOWLEDGE RECEIPT OF THIS NOTICE. Authorized Signahue Date Phooe (day) Phone (night) For Office Use Onlv� Received Opt En[ Asrtmt Pend List SAIYID RIZVI 7112 HALIFAX AVE N BROOKLYN CENTER MN 55429 CITY OF BROOKLYN CENTER IMPORTANT INFORMATION ABOUT THE WEED PROGRAM The Weed Program Phone Number is 763-569-3495 GENERAL INFORMATION 1. You are encouraged to cut/destroy the weeds or tall grass within 7 days. If the weeds or tall grass have not been mowed/destroyed during this period, the City will order the contractor to mow/destroy them. The weed mowing/destruction charges ($45.00 per hour, 2 hour minimum charge) will be a pending assessment recorded against your property. 2. If you choose Option 2 or 3, the City's contractor will mow/destroy the noxious weeds/tall grass upon receipt of your agreement form. 3. An invoice will not be sent to you until the work is completed and inspected. Please da NOT pay before you are invoiced. We cannot accept partial payments; if we receive a partial payment, we will return your check to you. 4. In the event the City must send another weed notice at any time during the remaining season, a$100.00 inspection service charge will be added to the weed cutting rate of $45.00 per hour (two hour minimum.) NOTE: This inspection service charge will be added to each notice after the initial notice for the season. You will be billed for this charge whether you cut the weeds/tall grass or the City's contractor does the work. OPTION 1 1. YOU are responsible for all work and costs for mowing/destruction of noxious weeds or tall grass. 2. Norify the City by calling 763-3495 when mowing/destruction is complete. Note your address. 3. If you do not norify us within 7 days that the weeds/grass are mowed/destroyed, we will attempt to eonfum this with you by phone. If we cannot contact you, the City will order the weed contractor to mow/destroy them. OPTIONS 2 and 3 1. You give authorization to the City's weed contractor to mow/destroy the weeds. 2. The weed cutter charges $45 per hour, with a two hour minimum. OPTION 2 l. You will receive an invoice for the amount shown on your contract AFTER all work has been completed and inspected. If payment is not received in 30 days, it will be added to the special assessment certification list, and additional charges will apply. OPTION 3 1. You choose to pay the costs by a special assessment to your property taxes. A pending assessment is recorded against your property; once pended, an assessment may not be removed, so once you choose this option you cannot change your mind. You will be charged a$30 special assessment fee (per property), and a$10 capitalized interest charge. These fees are in addition to the mowing charges and the $100.00 inspection fee. 2. The cost will be certified in March of next year for payment beginning the following year. All property owners with weeds/tall grass removed under this oprion are entitled to an assessment hearing as stated in Ch. 429.061, Minnesota Statutes. You will be notified of this hearing in February prior to certif cation. City of B�rooklyn Center A Millennium Community Dear Property Owner: By authority of Minnesota Statutes 1992, Section 18.83, notice is hereby given that the property identified on the enclosed agreement has been found to have noxious weeds/tall grass classified as a public nuisance in accordance with City Ordinances, and must be cut within 7 days. IF YOU ARE NOT THE OWNER OF THIS PROPERTY, PLEASE ADVISE US IMMEDIATELY. Enclosed are the following items: 1. Two copies of a"Notice to Abate Noxious Weeds/Tall Grass Removal Agreement" 2. A sheet describing your options in detail and general information 3. A copy of the city ordinance pertaining to control of noxious weeds and tall grass printed on the other side of this letter. After reviewing this information, please do the following: 1. CHECK THE OPTION YOU DESIRE ON THE ENCLOSED AGREEMENT. 2. RETURN ONE SIGNED AND COMPLETED AGREEMENT TO THE CITY OF BROOKLYN CENTER, ATTN: ENGINEERING DEPARTMENT, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Retain one copy of the agreement for yourself. 3. IF YOU DO NOT RETURN A CONTRACT TO US WITHIN 7 DAYS, the City will proceed under Option 3, that is the City's contractor will mow the weeds/tall grass, and a special assessment will be levied against your property. NOTE: IN THE EVENT THE CITY MUST SEND ANOTHER WEED NOTICE AT ANY TIME DURING THE REMAINING SEASON, A$100.00 INSPECTION SERVICE CHARGE WILL BE ADDED TO EACH SUBSEQUENT NOTICE. Your cooperation in keeping weeds down in Brooklyn Center is appreciated. If you have any questions, please call the City Weed Program at 763-569-3495. Sincerely, Q��!� Joyce Gulseth Tall Grass and Noxious Weed Program Coordinator 6301 Shingle Creek Parkway Recreation and Corrcmunity 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 I CITY OF BROOKLYN CENTER ORDINANCES RELATIVE TO THE CONTROL OF NOXIOUS WEEDS AND TALL GRASS Section 19-1601. CONTROL OF NOXIOUS WEEDS. It shall be the duty of every occupant of land or, if the land is unoccupied, the owner thereof, or his agent, or the public official in charge thereof, to cut down, otherwise destroy, or eradicate all noxious weeds as hereinafter defined, standing, being, or growing upon such land, except for areas within natural preserves, in such manner and at such times as may be directed or ordered by the Brooklyn Center Weed Inspector. Natural preserves shall be publicly owned lands desi ated as ark or ve o en s ace or rivate ro erties a ro d b the Ci P P P P P PP Y h' P Section 19-1602. ADOPTION OF STATUTES BY REFERENCE. T'he regulatoryprovisions of Minnesota Statutes Sections 18.76 to 18.88 "Minnesota Noxious Weed Law" are hereby adopted for the eontrol of noxious weeds within the City of Brooklyn Center. Said State regulations are incorporated in and made a part of this ordinance as completely as if set out here in full. Section 19-1603. NOXIOUS WEEDS DEFINED. a. For purposes of this ordinance "noxious weeds" means any plant which is identified by the Minnesota Cornmissioner of Agriculture as a noxious weed or secondary noxious weed pursuant to Minnesota Statutes Section 18.77, Subdivision 8. I b. Any weeds ar grass growing to a height greater than eight (8) inches or which have gone or about to o to seed. g Section 19-1604. PENALTIES. Any person, firm or corporation violating provisions of this ordinance by failing, neglecting, or refusing to comply with the provisions thereof, shall, upon conviction thereof, be punished by a fine not to exceed one thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR DELINQUENT WEED REMOVAL COSTS FOR 7112 HALIFAX AVENUE NORTH TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the Weed Inspector of the City of Brooklyn Center has caused noxious weeds and tall grass to be cut down on properties within the City under the authoriry of Minnesota Statutes, Section 18-78; and WHEREAS, on March 13, 2006, certain weed destructian accounts for removal of said weeds and tall grass remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from 2005 had been prepared by the City Clerk, tabulating those properties where an unpaid weed destruction account is to be assessed with the amount to be assessed; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent weed destruction accounts to the County tax rolls for collection; and WHEREAS, the hearing was continued for one property at 7112 Halifax Avenue North to allow staff to provide additional information with respect to the proposed special assessment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: l. The following special assessment is hereby added to Levy No. 16569: Name Address Amount Added PID# Saiyid Rizvi 7112 Halifax Ave N $230.00 27-119-21-31-0043 2. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the counry, and such assessment shall be collected and paid over in the same manner as other municipal taxes. RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i City Council Agenda Item No. 9b City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Member armody, Lasman, Niesen, and O' Connor From: Michael J. McCauley�- City Manager Date: March 22, 2006 Re: Proposed Ordinance Limiting the Number of Cars Attached axe various documents relating to the proposal to limit the number of cars in a driveway to 6 vehicles. Those documents include the Planning Commission materials and the e-mails and phone messages received by staff regaxding the matter. One phone message is not included in the materials: it was from a resident with 10 children who indicated the proposed ordinance would immediately put her out of compliance. Also included is my memorandum of September 8�' suggesting other ways to work on this issue and identifying enforcement of the ordinance as potentially problematic. It is my understanding that the City Council has been presented with issues relating to guests, special events, and construction. Chief Bechthold and I have again reviewed the situation. We feel that the issue is the enforcement of current ordinances. For example, a tour of the Southeast neighborhood revealed a number of inoperable cars (a violation of current ordinance) and cars parked on grass, either partially or completely (a violation of current ordinance). Chief Bechthold has been reviewing the issuance of citations. We have increased the use of citations as the first response to parking violations, rather than letters seeking compliance. While we have issued a number of tickets, compliance does not seem to be following. Community Development, Police, and Mr. Clelland are meeting to discuss strategies for increasing compliance. A recent change is that the housing and building officials will be issuing citations for obvious violations of ordinances other than the building and rental code violations they normally deal with. There are residences with large yards and small yards. Some of the larger yards have I existing driveways that would accommodate arkin for famil events or construction P g Y ro'ects. Havin those car in h han n th treet. I s t e drivewa ma have less im act t o e s P J g Y Y p would suggest looking at the amount of a front yard that may be converted to driveway. Currently a front yaxd may be improved with up to 50% of its azea in driveway. An additional area to consider would be to require hard surfacing for any expansion of driveway area. While existing driveways would be grandfathered, a limit of driveway width and coverage may be beneficial. It is also a neutral approach, coupled with the need to continue strengthen enforcement and explore ways to have enforcement result in more compliance. We are looking at Coon Rapids use of abatement to see if it might be 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 applicable. Abatement works in a similar fashion to weeds removal where the problem is corrected by the City and assessed to the property in the chronic situation. I would suggest that the City Council may wish to table the proposed ordinance for further study and discussion of the unintended consequences that may result. One of the senses of this ordinance is that it may be perceived as directed at minority residents, as opposed to more effective enforcement of current ordinances on parking surface etc. I Page 2 03/22/2006 Offce of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk y�,'�� DATE: March 22, 2006 SUBJECT: An Ordinance Amending Chapter 19 of the City Ordinances Regarding the Parking and/or Storage of Vehicles, Trailers, and Watercraft in Front Yards or Yards Abutting a Public Street At its February 13, 20006, meeting, the Brooklyn Center City Council approved first reading and set second reading and Public Hearing for March 27, 2006, on An Ordinance Amending Chapter 19 of the City Ordinances Regarding the Parking and/or Storage of Vehicles, Trailers and Watercraft in Front Yards or Yards Abutting a Public Street. Notice of Public Hearing was published in the Brooklyn Center Sun-Post newspaper on March 9, 2006. If adopted, effective date will be May 6, 2006. Mr. Will Dahn, resident who proposed an ordinance amendment limrting cars, called and inquired if the Public Hearing could be held closer to 8:00 p.rn., as he would be returning from an out-of-state trip the evening of the Public�Hearing and would like to speak at the Public Heaxing. Attached is the proposed ordinance, Planning and Zoning Special Ron Warren's memo regarding recommendations from the Planning Commission and corresponding materials, as well as copies of several e-mail messages, letters, and a list of phone-in responses received from citizens in response to an editorial that was printed in the Brooklyn Center Sun-Post newspaper on March 9, 2006. Attachments 6301 Shin le Creek Parkwa Recreation and Community Center Phone TDD Number g y 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 CITY OF BROOKLYN CENTER Notice is hereby given that a public heanng will be held on the 27th day of March 2006 at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 19 of the City Ordinances Regarding the Parking and/or Storage of Vehicles, Trailers, and Watercraft in Front Yards or Yards Abutting a Public Street. 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 19 OF THE CITY ORDINANCES REGARDING THE PARKING AND/OR STORAGE OF VEHICLES, TRAILERS, AND WATERCRAFT IN FRONT YARDS OR YARDS ABUTTING A PUBLIC STREET THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19, Section 103, Subdivision 14 is hereby amended as follows: 14. The outside arkin and/or stora e on occu ied residentiall used ro erty P g g p Y P p of usable or nonusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all terrain vehicles and similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, or other nonpermanent structures unless they comply with the following: a) Vehicles, trailers and watercraft may be parked or stored outside in any yard provided, however, if they are parked or stored in the front yard area, or a yard area abutting a public street, the total number shall not exceed six (6), they must be parked or stored on an authorized parking or driveway area or a paved or graveled extension of an authorized parking or driveway area and be in compliance with Section 19-1301 through 1305 of the City Ordinances. Authorized driveways and paved or graveled extensions thereof may not exceed 50% of the front yard or a yard area abutting a public street, unless approved by the city council as part of a plan approval for an apartment complex pursuant to Section 35-230 of the City Ordinances. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. ORDINANCE NO. Adopted this day of 2006. Ma or Y ATTEST: City Clerk Date of Publication: Effective Date: (�l�ee�� indicates matter to be deleted, underline indicates new matter.) Memorandum TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning Spec� list .��XJ. SUBJECT: Recommended Ordinance Amendment Regarding the Parking and Storage of Vehicles DATE: November 22, 2005 Attached is a copy of a draft ordinance amendment recommended by the Planning Commission which would amend Chapter 19 of the City Ordinances regarding the parking and/or storage of vehicles, trailers and water craft in front yards or yards abutting a public street by limiting the number of vehicles parked or stored in these residential areas to no more than six. This ordinance amendment was recommended by the Planning Commission on November 17, 2005 following review and discussion of this matter and related matters at a number of Commission meetings. The City Council at its work session on September 12, 2005, requested the Planning Commission to review the parking and storage of vehicles on residential lots in light of recommendations and suggestions made by Mr. Willis Dahn relating to areas of concern that he had with respect to the city ordinances. The Commission considered these matters at three meetings (September 29, October 13 and November 17, 2005) resulting in the ordinance amendment recommendation. At the meeting when the Commission first discussed this matter (9-29-OS) they reviewed it, framed the issues to be reviewed further and requested that they be provided with information regarding the existing ordinance language for future study and discussion. They also heard from Mr. Dahn and considered his recommendations. The Commission again considered this matter at their October 13, 2005 meeting where they reviewed existing ordinance language, the requested revisions and further comments and input from Mr. Dahn. The Commission members concluded that, for the most part, there was not a need for major changes to the existing ordinances and that more consistent enforcement of the ordinance was perhaps needed. The Commission was polled regarding the specific suggested recommendations by Mr. Dahn. They favored no ordinance changes other than limiting the number of vehicles allowed to be parked or stored in a front yard or yard area abutting a public street to no more than six. The Commission directed such an ordinance amendment to be drafted for further consideration at a future Planning Commission meeting. Such a draft ordinance was prepared and presented to the Planning Commission on November 17, 2005. Again, after further review, discussion and also comments from Mr. Dahn, the Planning Commission unanimously recommended approval of an ordinance amending Chapter 19 of the City Ordinances regarding the parking andlor storage of vehicles, trailers and water craft in front yards or yards abutting a public street. Attached are copies of the Planning Commission Agenda cover sheets and minutes from the September 29, October 13 and November 17, 2005 Planning Commission meetings and a copy of the draft ordinance amendment. It is my understanding that this matter will be brought to the City Council's attention at their November 28, 2005 work session. i PLANNING COMMISSION AGENDA CITY� OF BROOKLYN _CENTER SEPTEMBER 29, 2005 STUDY SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes August 25, 2005 4• Chairperson's Explanation The Planning Commission is an advisory body. One of the Commission's functions is to hold ublic heaz P m s. In the matter g s concerned in these hearmgs, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matfers. 5. GiGi Yanis 2005-014 Request for a Special Use Permit to conduct a home occupatton that mvolves customer traffic at 5549 Brooklyn Boulevard. 6. Discussion Items: a• Parking and storage of vehicles in the front yard of R 1 zones. 7. Other Business 8. Adjournment MINUTES OF THE PROCEEDINGS OF TI� PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND TI� STATE OF MINNESOTA STLTDY SESSION SEPTEMBER 29, 2005 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:33 p.m. ROLL CALL Chair Tim Willson, Commissioners Rex Newman, Sean Rahii, and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning an.d Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Eric Bems and Rachel Lund were absent and excused. Graydon Boeck was absent and un.excused. APPROVAL OF 1VIINUTES AUGUST 25, 2005 There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to approve the minutes of the August 25, 2005 meeting as submitted. The motion passed unanimously. CHAIR' S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Comxnission makes recommendations to the City Council. The Ciry Council makes a11 final decisions in these matters. APPLICATION NO. 2005-014 GIGI YATTIS Chair Willson introduced Application No. 2005-014, a request for a Special Use Permit to conduct a home occupation that involves customer traffic at 5549 Brooklyn Boulevard. The property is zoned R-1 (One Family Residence}. Home occupations that involve customer traffic at the home are considered special uses requiring the granting of a special use permit by the City Council following review and public hearing by the Planning Commission. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 9-29-OS for Application No. 2005-014, attached.) Commissioner Newman asked about allowable signage for the home occupation. Mr. Wazren responded that the applicant already has signs displayed for her business that were approved by the City and no additional signs would be allowed. PUBLIC HEARING APPLICATION NO. 2005-014 There was a motion by Comxnissioner Newman, seconded by Commissioner Roche, to open the public hea3�ing on Application No. 2005-014, 7:45 at p.m. The motion passed unanimously. Chair Willson called for comments from the public. The a 'cant l� GiGi Yanis 554 B pp 9 rooklyn Boulevazd introduced herself. Chair Willson asked the applicant what hours she would be open for business. Ms. Yanis replied that she plans to operate by appointment only between the hours of 9 a.m. to 7 p.m. Commissioner Roche asked if Ms. Yanis had talked to her neighbors about her proposal. Ms. Yanis responded that she had talked to the neighboring property owner about her plans. No other persons from the public appeazed before the Commission during the public hearing on Application No. 2005-014. CLOSE PUBLIC HEARIl�TG There was a motion by Commissioner Newman, seconded by Commissioner Roche, to close the public hearing on Application No. 2005-014, at 7:47 p.m. The motion passed unanimously. The Chair called for further discussion or�questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2005-014 GIGI YArTIS There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to recommend to the City Council that it approve Application No. 2005-014, submitted by GiGi Yanis for a Special Use Permit to conduct a home occupation that involves customer traffic at 5549 Brooklyn Boulevazd subject'to the following conditions: 1. The special use permit is granted for a home occupation involving customer traffic related to palm and tarot card readings to be conducted on an appointment only basis at 5549 Brooklyn Boulevazd. The home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit 2. The special use permit is subject to applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 3. All pazking associated with the home occupation sha11 be off street on improved space provided by the applicant. Vehicle pazking on the property shall be in compliance with Section 19-103, Subdivision 12 of the City Ordinances. 4. The hours of operation shall be between the hours of 9 a.m. and 7 p.m. Customers shall be served on an appointment only basis. 5. The applicant shall comply with the recommendations of the Building Official with respect to safety related matters following inspection of the property. 6. There is no over the counter sales of inerchandise comprehended through the granting of this special use permit. Any sales related to this home occupation shall be conducted offpremises. Voti.ng in favor: Cha.ir Willson, Commissioners Newman, Rahn, and Roche. The motion passed unanimously. The Council will consider the application at its October 10, 2005 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. DISCUSSION ITEM: PARKING AND STORAGE OF VEHICLES IN THE FRONT YARD OF R-1 ZONES Mr. Warren explained that the Commission has been provided copies of documents that were reviewed by the City Council regazding limiting the pazking of vehicles both in the front and back yards of residential propexty. He further stated that city ordinances state that any vehicle pazked in a residential azea must be properly licensed AND operable. The only exception to that is for pioneer, classic and collector vehicles. In that case the vehicles must be currently licensed as such but they do not have to be operable provided they aze stored in a building or belund an opaque wall screened from view. Mr. Warren stated tha.t the same section of the ordinance prohibits the storage of junk cazs and auto parts unless stored in a garage. Mr. Warren added that some of the issues surrounding pazking of vehicles is really part of the nuisance ordinance and some of the problems related to pazking of these vehicles could be dealt with by better enforcement. Mr. Warren noted that Mr. Will Dahn, 5743 Knox Avenue North, who intxoduced this issue to the City Council, is present at this evening's meeting. Mr. Dahn described his history with the city as a resident and former employee and how the ordinance was enforced at the time he worked with the city to maintain a maximum of six cars in any front yard (referenced in Section 35-711). He notes that he has observed some residences in the city with 8 to 10 cars parked in the front and sometimes more in the back along with parts scattered on the property and cars up on blocks and dismantled. The Commission posed a question regarding the possibility of some single family residences being used as illegal home occupations involving cars and caz parts. If so, it appears that there is an enforcement issue with regazds to the number of vehicles on properties but the situation does not necessarily warrant rewriting the ordinances. The Planning Commission Members further discussed what direction they would like to go with regards to this part of the ordinance. There was consensus among the members to further explore possible changes to Chapter 19 and 35 and the Commission directed Mr. Warren to provide them with information regazding existing ordinance language at a future meeting for further study and discussion. After further review, the Commission would then make a recommendation to the City Council regazdin azkin and stora e of velucles in residential gP g g azeas. OTI�R BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Neweman, seconded by Commissioner Roche, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:11 p.m. Chair Recorded and transcribed by: Rebecca Crass PLANNIN� COMMISSION AGENDA CITY OF BROOKLYN CENTER OCTOBER 13, 2005 REGULAR SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes September 29, 2005 4. Chairperson's Explanation The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concemed in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 5. Discussion Items: a. Parking and storage of vehicles in the &ont yazd of R 1 zones. 6. Other Business 7. Adjournment MEMORANDUM TO: Planning Commission Members FROM Ronald A. Warr Plannin Commission Sec�� W• g DATE': October 11, 2005 SUBJECT: Pazking and Storage of Vehicles in Front Yard of R-1 Zones The following information is presented to the Planning Commission for purposes of reviewing the parking and storage of vehicles in front yards of an R-1 zone, which was discussed. at the September 29, 2005 Planning Commission meeting. The following infomiation is included for the Commission's review: 1. The information included in the September 29, 2005 Planning Commission agenda (including the 9-12-OS City Council work session minutes; a September 8, 2005 memo from the City Manager to City Council Members; and a proposal from Mr. Will Dahn relating to limiting the parking of vehicles in front yards in R-1 and R-2 zones and suggestions for screening requirements). 2. Portions of Chapter 19 of the City Ordinances relating to public nuisances and petty offenses with particular attention directed to Sections 19-103, Subdivision 12, 13 and 14 relating to the parking and storage of vehicles, etc. I currentl in effect in the ci Y tY 3. Sections 19-1301-1307 relating to the operating, parking, storage, repairing, servicing and maintaining of vehicles. 4. Section 35-711 regazding parking lot screening. 5. Section 35-400, Subdivision 8 regarding allowable encroachments into yard setback requirements. 6. The agenda and minutes of a joint City Council and Housing Commission meeting on Apri12, 2003. I'` 7. Copies of draft ordinances submitted by the Housing Commission to the City Council at the Apri12, 2003 meeting regarding parking and storage of collector cars and requirmg hard surfaces on driveways. 8. Copy of a memorandum from the Housing Commission to Mayor and City Council Members regarding RV ordinance. We will be discussing these items at Thursday evening's meeting in light of the City Council direction to the Planning Commission to review the parking and storage of vehicles in the city. 1VIINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF NIINNESOTA STUDY SESSION OCTOBER 13, 2005 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:32 p.m. ROLL CALL Chair Tim Willson, Commissioners Eric Berns, Graydon Boeck, Rachel Lund, Rex Newman, Sean Rahn, and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. APPROVAL OF� MIl�TUTES SEPTEMBER 29, 2005 There was a motion by Coxnmissioner Roche, seconded by Commissioner Rahn, to approve the minutes of the September 29, 2005 meeting as subnutted. The motion passed unanimously. Comxnissioners Boeck and Lund abstained as they were not present at the meeting. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. DISCUSSION ITEM: PARKIl�TG AND STORAGE OF VEHICLES IN THE FRONT YARD OF R-1 ZONES Chair Willson stated that after review of the information provided regaxding the parking and storage of vehicles in the front yard of R-1 zones, there was nothing that would influence his decision to make any changes to the city ordinances regarding tlus subj ect. He added that he felt the issues being addressed could be resolved by better enforcement by the city. Mr. Warren pointed out that the items listed in Section 19-103, Subdivision 12, 13 and 14 of the City's Public Nuisance ordinance describes velucles that are both allowed and prohibited. He gave a history of the ordinance at its inception to include the city arriving at the decision as to what vehicles would be allowed in the R-1 residential zone: Mr. Warren also summarized what is known as the City's `junk velucle' ordinance (Section 19-1303 1304) which addresses the stora.ge and screening of junk vehicles, inoperable vehicles and collector vehicles. Commissioner Rahn referred to Councilmember Carmody's remarks in City Council minutes regarding questions she received from residents during National Night Out related to this subject and asked if it was lrnown if a lot of residents had concerns regazding the parking of vehicles. 10-13-OS Page 1 i Chair Willson stated that he was aware of only one person that had come before the City Council and had not been approached himself by any residents. Commissioner Rahn stated that he doesn't feel that there is a need for any'additional verbiage in the ordinance and agreed that better enforcement could resolve the problems that currently exist. Mr. Warren reminded the Commission that the Housing Commission had discussed rather extensively the possibility of requiring paved or `hard surfaced' driveways. He added that the city requires that space must be provided on residential property to park up to a minimum of two vehicles per dwelling unit. He added tha.t you can ha.ve a dirt driveway that leads to an accessory building (gazage) but if it is expanded to provide additional parking, it must be an improved surface with Class 5 gravel or better, concrete or black top. After much review and discussion, the Housing Commission recommended requiring paved surfaces. The City Council did not act on the Housing Commission's recommendation. Commissioner Roche agreed that the problem with driveways and parking is enforcement but wondered if there is a way to communicate to new homeowners what is required of property owners regarding maintenance of their property. Mr. Warren stated that such communication is extended by city staff particularly in the spring prior to the city wide sweep. Commissioner Rahn asked for clarification on requirements for the expansion of driveways. Mr. Warren explained that the expansion of a driveway must be on an improved or hard surface regardless of what the existing driveway is. hair illson in C W vited Mr. Will Dahn for additional input. Mr. Dahn reviewed the city's requirements for parking and driveway surfaces. Mr. Warren explained that vehicles must be pazked or stored on authorized parking or driveway azeas OR a paved or graveled extension of an authorized driveway. The way the ordinance is written, the only part required to be paved ar gravel is the extension of the driveway. Mr. Dahn stated that his interest in being before the Commission was to discuss the number of vehicles allowed to be parked in a residential zone. Mr. Dahn asked the Commission to note his proposed changes which places pazking requirements found in other areas of the ordinance under Permitted Uses in R-1 zones. The Commission discussed his proposal further. Mr. Warren stated that Mr. Dahn's proposals would be better placed in the nuisance regulations rather than the zoning ordinance because of non-conforming use provisions. Chair Willson called for action from the Commissioners. Commissioner Boeck suggested that there be no changes regarding the parking and storage of vehicles in R 1 zones. Commissioner Rahn suggested that a recommendation to the City Council include more consistent enforcement of the ordinances regazding parking of vehicles in R-1 zones. The Planning Commission was polled on the recommendations suggested by Mr. Dahn: Regarding recommending requiring paved or hazd surfaced driveways, two Commissioners were in favor, five were opposed. 10-13-OS Page 2 Regarding recommending limiting the number of vehicles allowed to be parked in a front yard or yard abutting a public street to no more than six; four Commissioners were in favor, three were opposed. Regaxding limiting corner lot secondary access; no Commissioners were in favor. Regarding sereening of more than six vehicles parked in a front yard; Commissioners unanimously believed this was already addressed in the ordi.nance and no change was needed. The Commission reconunended no other changes to the existing ordinance. The Commission further discussed and unanimously agreed to draft a document to the City Council to limit the number of vehicles in the front 3�ard or a yard abutting a public street to six. Mr. Warren stated that he would he�would draft an ordinance amendment for the Cominission's review at a future meeting. OTI�R BUSINESS There was no other business. ADJOi:fRNMENT There was a motion by Commissioner Boeck, secanded by Commissioner Roche, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:06 p.m. Chair Recorded and transcribed by: Rebecca Crass 10-13-OS Page 3 PLANNING COMMISSION AGENDA CITY O� BROOKLYN CENTER NOVEMBER 17, 2005 REGULAR SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes October 27, 2005 4. Chairperson's Explanation The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concemed in these hearings, the Commission makes recommendations to the City CounciL The City Council makes all fmal decisions in these matters. 5. INDUSTRIAL FUND I, LLC 2005-017 Request for Preliminary Plat approval to divide the property located at the northeast comer of Freeway Boulevard and James Avenue North (1600-1700 Freeway Boulevard) into two lots. 6. Discussion Item: a. Parking and storage of vehicles in the front yard of R-1 zones. Draft ordinance amendment for Commission's consideration. 7. Other Business 8. Adjournment MINUTES OF TI� PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF N�Il�INESOTA REGULAR SESSION NOVEMBER 17, 2005 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:32 p.m. ROLL CALL Chair Tim Willson, Commissioners Eric Berns, CYraydon Boeck, Rachel Lund, Rex Newman, Sean Rahn, and Tixn Roche were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. APPROVAL OF MINUTES OCTOBER 27. 2005 There was a motion by Commissioner Roche, seconded by Commissioner Lund, to approve the minutes of the October 27, 2005 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. 'The City Council makes all final decisions in these matters. DISCUSSION ITEM PARKING AND STORAGE OF VEHICLES IN THE FRONT YARD OF R-1 ZONES Mr. Warren pointed out the draft ordinance put together by staff at the direction of the Planning Commission following the October 27, 2005 meeting. He stated that the Commission had determined that there wasn't a need to amend the city ordinances with a number of matters previously discussed. that perha.ps stepped up enforcement would take care of the problexn. The ordinance is a simple change in terms of wording but has an impact on the parking and storage of vehicles as faz as the number of vehicles and where they can be parked. The draft ordinance esta.blishes the Commission's recommendation that the number of vehicles parked in front yards and yards abutting a public street in residential azeas be limited to six. Chair Wilson commented that the Commission felt that better enforcement would address many of the issues discussed and that the ordinance amendment before the Commission was the only item suggested for further review. The Commission discussed definitions in the city ordinances related to the proposed ordinance amendment being considered and asked for further comments from Mr. Will Dahn who had an interest in the discussion and was present at the meeting. 11-17-OS Page 1 Mr. Dahn stated that the proposal he had submitted was far more encompassing and in line with keeping the city looking attractive but fie appreciates what has been done with the ordinance amendment. He added that stating the exact number of cars limited in a residential area makes it absolutely enforceable and he appreciates the work the Planning Con�nission has done in reviewing this matter. Commissioner Boeck thanked Mr. Dahn for his efforts in presenting this issue to the Planning Commission in order to better the community. Commissioner Lund also thanked Mr. Dahn for taking the initiative to pursue this matter. Conzmissioner Roche recommended adoption of the draft ordi.nance amending Chapter 19 of the City Ordinance regarding the parking and storage of vehicles, trailers and watercraft in front yards or yards abutting a public street. The recommendation was seconded by Cominissioner Berns. Voting in favor: Chair Willson, Coxnmissioners Bems, Boeck, Lund, Newman, Rahn, and Roche. The motion passed unanimously. Mr. Warren stated that the ordinance aznendment would be reviewed by the City Council at a work session and he would keep the Planning Commission informed as to when that would be. APPLICATION NO. 2005-017 INDUSTRIAL FiJND I, LLC Chair Willson introduced Application No. 2005-017, a request for preliminary plat approval to divide the property located at the northeast corner of Freeway Boulevard and Jaznes Avenue North (1600-1700 Freeway Boulevazd) into two lots. The proposed I,ot 1 would be 120,970 sq. ft. (2.7771 acres) and contain the building addressed as 1700 Freeway Boulevard. The proposed Lot 2 would be 136,961 sq. ft. (3.1442 a.cres) and contain the building addressed 1600 Freeway Boulevard. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 11-17-OS and the Director of Public Works' memo dated 11-15-OS for Application No. 2005-417, attached.) Mr. Warren explained that separate sewer and water lines will be required to the two buildings. Access to the properties is unchanged, separate accesses offFreeway Boulevard for each of the proposed lots and also one off James Avenue North to the proposed Lot 1. Cross access through the lots will exist and should be memorialized through an appropriate agreement. PUBLIC HEARING APPLICATION NO. 2005-01? There was a motion by Commissioner Lund, seconded by Commissioner Roche, to open the public hearing on Application No. 2005-017, at 8:13 p.m. The motion passed unanimously. Chair Willson called for comments from the public. 11-17-45 Page 2 Mr. Jeffrey Johnson, 200 Coon Rapids Boulevard, Coon Ra.pids, attorney representing the applicant, introduced himself and stated that the staff report is very thorough and he would welcome any questions by the Commissioners. Commissioner Berns inquired as to why this property was being replatted. Mr. Johnson responded that this property is being sepazated because there are two owners who desire separate ownership. Commissioner Newmazi asked who would be responsible for the common/shared areas once it is replatted. Mr. Johnson explained that there would be an easement dedication which would benefit each of the individual owners regarding maintenance and parking but basically maintenance of the property would be the responsibility of each of the owners. He added that the owner of 1700 Freeway Boulevard would be responsible for the easement azea as faz as snow removal and lawn maintenance and the owner of 1600 Freeway Boulevazd would be responsible for their grounds as well as all of the azeas not covered by the easement agreement. Commissioner Lund asked about the nature of the business within the building. Mr. Johnson stated that it is an industrial building and primarily houses warehouse use with some office space. No other persons from the public appeared before the Commission during the public hearing on Application No. 2005-017. CLOSE PUBLIC HEARIl�IG There was a motion by Commissioner Newman, seconded by Commissioner Roche, to close the public hearing on Application No. 2005-017, at 8:22 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2005-017 There was a motion by Commissioner Lund, seconded by Comxnissioner Berns, to recommend to the City Council that it approve Application No. 2005-017, submitted by Industrial Fund I, LLC for preliminary plat approval to divide the property located at the northeast corner of Freeway Boulevazd and James Avenue North (1600-1700 Freeway Boulevard) into two lots subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 11-17-OS Page 3 3. Ten foot wide drainage and utility easements shall be indicated around the perimeter of the properties as recommended by the City Engineer. 4. Appropriate cross access agreements, in a manner approved by the City Attorney, shall be executed and filed with the final plat. Voting in favor: Chair Willson, Commissioners Berns, Boeck, Lund, Newman, Rahn, and Roche. The motion passed unanimously. The Council will consider the application at its November 28, 2005 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTI�R BUSINESS Mr. Warren inquired of the Commission members whose terms aze expiring on December 31, 2005 if they plan to continue serving on the Planning Commission. Commissioners Roche and Lund expressed interest in continuing to serve on the Commission. There was no other business. ADJOLtRNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:25 p.m. Chair Recorded and transcribed by: Rebecca Crass 11-17-OS Page 4 DRAFT CTTY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 2005, at 7:00 p.m. or as soon thereafter as the matter may be heazd at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 19 of the City Ordinances Regarding the Parking and/or Storage of Vehicles, Trailers and Watercraft in Front Yards or Yards Abutting a Public Street. Auxiliary aids for persons with disa.bilities aze 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 19 OF THE CTTY ORDINANCES REGARDING THE PARKING AND/OR STORAGE OF VEHICLE5, TRAII.,ERS AND WATERCRAFT IN FRONT YARDS OR YARDS ABUTTING A PUBLIC STREET THE CITY COUNCIL OF THE CTTY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19, Section 103, Subdivision 14 is hereby amended. as follows: 14. The outside pazking and/or storage on occupied residentially used property of usable or nonusable vehicles, txailers, watercraft, snowmobiles, recreational vehicles, a11 terrain vehicles and similar vehicles, materials, supplies, equipment, ice fish houses, ska.teboard raznps, or other nonpermanent structures unless they comply with the following: a) Vehicles, trailers and watercraft may be pazked or stored outside in any yard provided, however, if they are parked or stored in the front yard area, or a yard area abutting a public street, the total number sha11 not exceed six f 61, they must be pazked or stored on an authorized parking or driveway area or a paved or graveled extension of an authorized parking or driveway area and be in compliance with Section 19-1301 through 1305 of the City Ordinances. Authorized driveways and paved or graveled extensions thereof may not exceed i DRAFT 50% of the, �ront yard or a yard area abutting a public street, unless approved by the city council as part of a plan approval for an aparlment complex pursuant to Section 35-230 of the City Ordinances. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this da.y of 2005. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) 2 Sharon Knutson From: Diane Niesen Sent: Thursday, January 19, 2006 10:39 AM Michael McCauley Subject: RE: Parking Ordinance change proposal Attachments: memo-pkg ordinance proposal.doc would like to request that the attached memo replace the one you received yesterday; this one is dated. �Iso, I would like to discuss even putting this ordinance change on the Agenda so please distribute the memo for the upcoming Work >ession. "hank you. =rom: Michael McCauley >ent: Thu 01/19%06 10:25 AM i o: Diane Niesen iubject: RE: '['he materials will be included with the February 13th packet that will have the Introduction of the >rdinance on the agenda. =rom: Diane Niesen 3ent: Wednesday, January 18, Z006 8:55 PM fo: Michael McCauley >�ct: fo: Michael McCauley, city manager =or: Upcoming Agenda or Work Session, as appropriate 'lease include my attached memo either for the next Work Session, or to be included as part of our Agenda packet if the parking �rdinance changes as proposed by Mr. Dahn are included. =r: Diane Niesen, councilmember 2!2/2006 Datie: January 18, 2006 To: Brooklyn Center Mayor and City Council Members From: Council Member Diane Niesen Re Proposed Change to BC Ordinance #35: Zoning, and comments on its relationship to Ordinance #19: Public Nuisances and Petty Offenses In a memo dated September 8, 2005, you presented to Council information on proposed changes to Ordinance #35-310 by Mr. Willis Dahn which centered on parking rights and limitations in residential zones R1 and R2. Recently I spoke with Mr. Dahn and we discussed his knowledge and rationale from proposing these changes, and the relationship he saw to sections within Ordinance #19. Existing Ordinance Sections #35-310 Rl One Familv Residence District 1. Permitted Uses ...b. Accessory uses incidental to the foregoing principal uses... 1) Offstreet parking and offstreet loading (Mr. Dahn would add text here) 2) Renting of not more than two indoor parking spaces (this would remain unchanged) 3) Accessory buildings or carports, either detached or attached to the dwelling building, subject to the limitations set forth in Section 35-530. (There was text proposed by Mr. Dahn underneath the notation that #Z. would remain unchanged, but the copied page didn't read clear enough to distinguish location intent.) #35-703 Access to Parking SAace In R1, R2, and R3 districts, tandem parking spaces may be permitted. In all other zoning districts, there shal] be provision for unobstructed ingress or egress for each single car space. Access to off- street areas shall be restricted to driveways 30 feet or less in width. No two driveways on any single parcel of land in a business or industrial district shall be less than 50 feet apart at the property line. #35-711 Parking Lot Screening All open off-street parking areas having more than six parking spaces and all off-street loading and unloading spaces shall be effectively screened from any abutting residential lots by a solid wall or opaque fence six feet high, or by such other device as may be approved by the City Council. The screening device shall not extend within 10 feet of any street right-of-way. Such off-street parking and loading areas within any yards which abuts along a street which is residentially zoned on the side opposite shall be screened from street view by a screening device as approved by the City Council. See Section 35-400 for limitation on the size of such screening devices. #19-103 Public Nuisances Further Defined 14. The outside parking andlor storage on occupied residentially used property of usable or nonusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all terrain vehicles and similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, or other nonpermanent structures unless they comply with the following: page 1 a) Vehicles, trailers and watercraft may be parked ar stored outside in any yard provided, however, if they are parked or stored in the front yard area, or a yard axea abutting a public street, they must be parked or stored on an authorized parking or driveway area or a paved or graveled extension of an authorized parking or driveway area and be in compliance with Section 19-1301 through 1305 of the City prdinances. Authorized driveways and paved or graveled extensions thereof may not exceed 50% of the front yard or a yard area abutting a public street unless approved by the city council as part of a plan approval for an apartment complex pursuant to Section 35-230 of the City Ordinances. It is not clear to me that our laws do not already address Mr. Dahn's previous concerns. Also, I have questions with some of the existing provisions. In my recent drive around the area, I noted a disparity of driveway widths, and lengths. Some lots and therefore driveways are small, allowing perhaps two vehicles, and others are large or set back in a way that allowed a driveway to run from the street to the back yard area of the main structure. It appears that Brooklyn Center and its stock of post-war homes has a wide variety in driveway configurations, not easily conformable to an overlay of a one-size-fits-all standard desired to be applied post-full residential build-out. In addition, there are many driveways that could house six or more vehicles, especially depending on the variety of vehicle sizes parked. From my observation, it would be impossible to require that residents with a larger driveway somehow screen their driveways from everyone else's view via a"6' opaque fence." As it would be impossible for some residents to achieve this, I believe that I may be applying a wrong interpretation and will ask for clarification at the council table. Notwithstanding that this would be a requirement, it would be a public safety issue and danger to require that people screen their driveways from all others the driveway would also then most probably be completely screened from the owners' view. And the resulting blight and isolation to our City from the erection of many 6' opaque fences would further serve to break down the community look, and feel, we are trying to build vis-a-vis our Neighborhood Watch Groups, etc. In my drive around the southeast community, I saw no instances of more than six vehicles parked in any R1 driveway. Mr. Dahn also conceded that his original motivation for proposing what he did has since been fully mitigated. I also asked Mr. Dahn how we would address the issues raised by Mr. McCauley in the last paragraph of his memo: "We believe that a number in the front yard might be problematic to enforce. That is, if the cars are all on hard surface/gravel, would the violation be for length of time or any time the number exceeded the maximum even if it was due to a temporary guest, social event, or construction work?" Mr. Dahn's responded by saying that exceptions were being provided in the Ordinance proposal. I do not see any such provisions, existing or proposed. As stated, this could present a problem for enforcers on the occasion that people zn BC were celebrating, which would result m an mcrease of paxked vehicles. Alternately, to direct that enforcers lrnock on the doors of Rl homes having more than six vehicles and inquire who was parking where, why, and for how long, seems an incredible waste of city resources; pulling our police officers away from clearly enforceable, public safety work at a time of notable levels of crime (e.g., basis for some of our public safety grant money). Lastly, I have not had a single complaint on this issue from any citizen nor have I come upon any instances of >6 vehicles parked in a specific driveway �rsthand. Passing a law on such an unproved basis of need, with zero public response to the Planning Commissions' call for a public hearing, with extra burden to our police force, to criminalize people for excess vehicle parking after all residential lots and driveways have been built in this City, is, in my opinion, not supportable. page 2 I would support a city staff/Council review of existing parking laws with the goal of harmonizing them between Ordinance #35 and #19, simplifying any language, and deleting/changing unwanted provisions. page 3 YYYYU� �Rrint,Page .f ��t ea�:��rr�t�,� ��*:��r�r�� Vehicle limits needed �':..r_3t°C(: :��H�'ES�dy, i�iZrCh .�`s, tu�f; .':.;s:27 P'�! C:SF� To the editor: At a recent Brooklyn Center City Council meeting that I attended, the Council discussed an ordinance revision that would limit the total number of vehicles a resident could have parked in their front-yard driveway. After listening to their discussion and giving it some thought, I decided to share my opinion on the subject. When our family moved to Brooklyn Center 42 years ago, it was an exception, rather than the norm, for a family to have as many as two cars and therefore, the concern for neighborhood blight due to vehicle congestion in driveways of single family residences was not an issue. Well, things have changed over the last 42 years, in that most households now have a minimum of two vehicles and where multiple families live in one household, it's not unusual to see three, four or even five vehicles at one household. Most single-family homes now have a two-car garage, but that still leaves several vehicles parked in their driveway. The current proposed ordinance would limit to six, the number of vehicles parked in a front-yard driveway. One council member favors "individual property rights" over any limits and another sees a limit of 6 vehicles, as too restrictive. Now keep in mind the proposed ordinance allows 6 vehicles, in addition to those parked in their garage. Now that I am aware that an ordinance is proposed and after listening to the Council discussion, I have decided that I too am in favor of a limit on the number of vehicles parked in the driveway of a single family residence. In fact, if left to me, I would favor a limit of four to avoid neighborhood blight. While we all favor individual property rights, we do need to realize that we also live in a neighborhood and a larger community and therefore, we do have a responsibility to one another, if we are to live in harmony with one another. I see this as a standard, by which the City Code Enforcement Department, when called upon, shail determine whether or not a blight condition exists. If you feel as I do on this issue, I urge you to let your views be known to the Mayor and City Council. You can do this by dropping a note, sending an e-mail or making a phos►e ca{I to: City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430; info@ci.brooklyn-center.mn.us; or 763-569-3300. The issue will be before the City Council for final action, at the March 27 meeting, therefore, its important that you communicate your view prior to Wednesday, March 22 to allow for dissemination of this information to all council members in their pre-council meeting information packets. Tony KueflerBrooklyn Center �,.m,� This site and its contents Copyright OO 2005. Sun Newspapers Main Office: 952-392-6800 webinfo@mnsun.com http://www.mnsun.com/articles/2006/03/09/opinion/bc09kuefler.prt 3/10/2006 Sharon Knutson From: Sandy Wollak [swollak@Kinney.com] Sent: Thursday, March 09, 2006 9:38 AM Info Subject: vehicle limit proposal �ead the article in yesterday's Sun Post regarding your consideration of setting a vehicle limit per driveway in the city of Brooklyn enter. I have been a resident of BC since 1969 when I moved here as a child. There has been an increase in the amount of cars �at are parked on streets, in yards and in driveways. It truly is getting out of control. �wn 4 cars, 1 of which is off to college, but at any given time all 4 could be at home all at the same time. Then you throw in the �rs of the boyfriends when they are visiting, and that puts me at the 6 vehicle limit on occasion too. So I realize that this could �use a bit of an uproar, but I think we need to focus on those that are always abusing this limit, and I think it is pretty safe to say �at these are also people that aren't keeping up their yards or homes either. Putting some responsibility on the owners to care for ar neighborhoods seems to be necessary at this point. lease consider putting a limit on the amount of cars in driveways. I also recommend that it be made clear that the yard is not an �ceptable parking place either. andy Wollak 413 Girard Ave N rooklyn Center, MN 55430 63-566-4064 3/9/2006 Sharon Knutson From: pphylissjean@comcast.net Sent: Friday, March 10, 2006 10:07 AM Info i Subject: Private parking limits he idea that limiting the number of cars parked in and around a private residence is somehow an infringment of a ersons rights is hardly in keeping with the concept of preventing neighborhood blight. In the forty-four years that I have ved here I have witnessed a slow but steady decline in living standards. Allowing drive-ways and front yards to become arking lots for multiple occupancy familys will only accelerate that decline. Jhy are we setting the limit at six cars. Four would be more than enough. If you doubt me, put in on the ballot and let the oting home owners speak. ichard F. Fogal 406 Brooklyn Drive ;rooklyn Center mn 5430 nhvlissi eanna,comcast.net 3/10/2006 Sharon Knutson rom: Suzanne B. Libson [sblibson@yahoo.com] nt: Friday, March 10, 2006 7:02 PM o: info Subject: proposed driveway car parking ordinance As suggested by Mr. Kuefler, I am writing regarding the proposed ordinance limiting a household to 6 vehicles in the driveway. I can't beleive that you are considering 6 vehicles! [n�hy not just hang a sign at the gates to the city that says "come on in, we want to be the trailer park of the northern suburbs"? You have a virtual used car lot at the corner of 69th and France Avenue that nothing has been done about for years,(or at least nothing that has fixed the problem), houses that have multiple families living in them, yards that could pass for third world status and someone on the council thinks 6 cars might be too restrictive? All the other northern suburbs are improving, building "destination" town centers, mixed use housing/retail....and here in BC we'll have car lots in front of every dwelling. I'm sorry, but I just don't get it. S.B.Libson Brooklyn Center 1 Sharon Knutson From: Arthur Peters [artndee@msn.com] S t: Saturday, March 11, 2006 3:44 PM Info Subject: Vehicle Limits To the Mayor City Council; I have just read Tony Kuefler's Letter To The Editor in the Sun Post date March 9, 2006. I heartily agree that limits are needed in the number of vehicles parked in the front yards of these so-called "single family" homes. Why has the meaning of "single family" been allowed to become "multiple family" homes. This certainly is not the reason that we built and located here 50 years ago. It appears to me that in driving around Brooklyn Center there are many vehicles that are inoperable and have not been moved in a long time. Observe the number of flat tires on some of these vehicles and it does not take a rocket scientist to tell you they are not being operated. A limit of 4 vehicles I feel is being ver�r generous. If a situation arises that warrants more than that, I feel the city council should be approached to determine if a variance is in order to accommodate a particular request. Pete rs Brooklyn Center I 3/11/2006 Sharon Knutson From: SStamaria@aol.com Sent: Sunday, March 12, 2006 10:36 AM Info Subject: Vehicle Limits in Driveway too am in favor of a limited number of cars, preferrably 4. My neighbor has "guests" who sometimes stay the night and therefor a ehicle is left on the boulevard overnite. This does not happen all the time, but when it does, the owner who drives a school bus omes home after her morning run and parks in front of my house until her afternoon run. (by the way, are school buses alowed to �ark on residential streets?) This makes backing out of my driveway a little challenge, its bad enough when the bus is in front of her ouse. And there are two other residents on my block with an �bundance of cars also. Its getting to be quite commonplace and something should be done. �hank you 3/12/2006 Sharon Knutson From: rhaeg363601 @netzero.net Sent: Sunday, March 12, 2006 6:35 PM Info Subject: Vehicle Limits agree with Tony Kuefler. I am in favor of a limit on the number of vehicles parked in the driveway of a single family esidence. I also favor a limit of four vehicles to avoid neighborhood blight. This city has a bad enough reputation within 7e Northwest suburbs. Many of the cars in people's driveways don't even run. Pm sandwiched between two houses with his issue. anet Haeg I 3/13/2006 Sharon Knutson From: Willie Reupke [willeenr@comcast.net] Sent: Saturday, March 18, 2006 10:33 AM Info Su ject: Parking issues 3m responding to Tony Kuefler letter in the Post and also the Parking article in the March 16th issue. I wholely agree with Tony. nd when I read the second article I was shocked at Diane Niesen's comments! Where did she drive at what time of day? I go to ork everyday at 5:00 a.m. and travel 2 different routes in a week. Everyday is the same thing. Driveways full of cars; street fronts ith cars on them. She had to have driven around after everyone had left for work and if not I would personally like to know the �eas that she was in so f could move there. �ave owned a home on 64th and Quail Ave. No. for 30 years and have seen alot of changes. Some good; some not so good. Many �ars ago we used to have an annual (entire) neighborhood garage sale that was held every year for about 20 years. But that all owly stopped as the code people would drive around amnd tell the kids not to sell pop. (Isn't this better than having them roam the reets)? They would complain about the signs take them down. They complained about balloons and site you if you didn't :move. Don't you people get the big picture?! It was only for 1 day(sat.) and do you know how many people from all over would �me and then patronize our other establishments while in our area! 15 years ago I planted 3 trees in MY front yard. I measured �yond the city easement. But still a city enforcement person came by and threatened to cite me if I didn't remove. I asked on what ounds. He said that so many feet belonged to the city. I went out with him measured and after seeing that I was well beyond that �ark he still wanted me to remove. I refused said I would be in contact with the city that following Monday morning. Well they are ill standing. And my question is if I pay for that property BUT yet you own it where are you when that section needs mowing ioveling? ARKING: A few years ago we had friends over they stayed overnight. The next morning they had tickets on their windows as it as during the months that there is supposedly NO parking on streets in the evening. But yet for the past 3 years we have seen cars arked on the curve(hazardous) all night long in front of one of our neighbors and NEVER a ticket!!! WHY? We have called the city �thing!! le drive 2 blocks from here see a house that for over 10 years has cars parked in their backyard-side of house-side of garage �d finally cars in their driceway (where they belong) and the city does nothing. We have junked vehicles that are in driveways that �ve not been driven in years. This is definantly an eyesore to us people coming to visit. I have friends from outside the area come �hy I don't move as it is getting so run down in the area. Well I guess my only answer is I love my house my neighbors!! But t y continues to allow all of these things to continue; while our taxes go thru the roof I may decide to get out also. ermits: What ever happened to this. For some we seem to need a permit for everything. We were told that if you have a bedroom in �ur basement you MUST have an egress window. NOT ANYMORE!!! There are so many neighbors that have multiple people in asement no alternative fire exit! Changing of driveway: When we did this we needed a permit. Now the people that buy are out �ere within a month digging and installing their own driveways to fit the excess amount of cars they have for the excess amount of �ople they have living in a SINGLE family home!!!!! What is next? Does it NOW depend upon who you are whether or not a law is �forced or do we just keep changing the ruling to help out certain people? I think the city council is doing this city a HUGH injustice if the droce around in the CORRECT places they would see that the City of Brooklyn Center needs a facelift. And ONLY the city �n enforce this. I love it here hope to stay but if this Parking issue is allowed what will it be next? hank You; I.Reupke /20/2006 Sharon Knutson From: Bulygo Chuck-r15379 [Chuck.Bulygo@freescale.com] Sent: Monday, March 20, 2006 5:14 PM Info Subject: RE: Parking issues Importance: High his is in response to Tony Kuefler's letter in the Post regarding Parking (March 16th) which I applaud wholeheartedly. Diane iesen, on the other hand, gets a thumbs-down for being able to drive around Brooklyn Center while keeping her eyes closed shut �htly. Brooklyn Center only looks as good as it does today due to the strong links, not the weak links, which still exist in this city. 3e careful which set of standards you use to measure value in Brooklyn Center!!! Below is my outline of points: Brooklyn Center has been INCONSISTENT in the ENFORCEMENT of their own ordinances o Is that due to some official city enforcers being (a) financially compromised (crooked} or (b) abusive in their positions of power or (c) reflective of favoritism, or worse, discrimination Enforcement (or lack thereof) of existing ordinances/codes has an effect on home values o Lax enforcement equates to neighborhood sloppiness and safety issues Might Brooklyn Center be legally liable following a future disaster due to changes which result in lax standards or even less enforcement? Even Ford GM know to install stricter safety components once their research indicates a need... If they don't properly address deficiencies after research indicates a problem exists, they stand to lose lawsuits regarding negligence. BE PROACTIVE ENFORCE and ENFORCE FAIRLY! o Ironically, heavy-handed and/or improper enforcement can equate to less improvements to neighborhoods Lowering standards of city ordinances simply lowers neighborhood standards and ensures lower real estate valuations Not enforcing ordinances both consistently frequently lowers neighborhood standards to the weakest link Are families larger today or are the occupancies bursting beyond reason for another reason? Brooklyn Center council members need to remember that iYs neighborhoods which make up the heart of Brooklyn Center, not the shopping malls or street intersections o Value is heavily based on perception. Would you move to Brooklyn Center today? Why? Why not? Would you move away? Why? Why not? o Well-groomed neighborhoods are highly desirable and, therefore, drive higher values due to the economic effect of supply-versus-demand o Good local schools are highly desirable and, therefore, drive higher values among home buyers o What programs can Brooklyn Center initiate that will drive students to do community work in Brooklyn Center's neighborhoods (pride) Extra credit? Names pictures in paper? Free dinner certificates at local diners, eg, Applebee's, etc.? One of our local neighborhoods has considered converting to a gated community with a paid guard and paid security service in order to address Brooklyn Center's shortcomings! Considering our neighborhood is boundary to another city, we could even vote to move out of Brooklyn Center without moving from our homes! The problem is not with the existing the Brooklyn Center ordinances/codes! The problem is that existing codes are not being enforced and they are not being enforced in a consistent or fair manner! They were put in place for good reason originally! PLEASE DO NOT let the weak links become the standard by which we must all live in Brooklyn Center. Sometimes it seems like this city loves anyone else more than it's own family! ThaYs dysfunctional. Brooklyn Center should celebrate iYs own family and enhance standards which promote Brooklyn Center as a quality community. You are making it very difficult for me to embrace that idea today. s/21/2006 -�7✓ c�i�d=� ��;�'�f� 7 ��a�i ..��.1�� r� c r�?� u� �-�7"_ ��i� Gl �2 ��1.��u.�� A [.RJ ��P y. �K- l ��/C/b�� L�'L J i- _��i; .��Z��E.'h� Gt� �I,�'t vyUJ �(J`c, ��'-c'��✓ GY _��.t� �e� �-n_T� ��l t� �z �c �"��L i,�� 1u� .��J _��r��,�~�� _,/:�G'Z� /��i�.---�� f.�I �'N ^A C�� Y" 1/F' A v /j'%l� 1 '�f%� f rr,�v'�- �'aol l�n_��c_��_N_ —�.5�'�4 0�� e ��';�'a'�� 1` y It �3 C I h p �'U'��} Q I `��'�i Ii IY �1�-��'� n n `1 II d y �-i�L�ls� a��A�`_� �n aV P�n ��,"J� A n .�2 au 2 0 Qs,6 .�.s�� J �n 1 �t C�e� t.'�w r 'Q �.2� C�V�' I �d� ost V `�-f-a 2✓�e�.�..��- -�`'`�'�J �-�-s, s,�.o�� j .G a�^�-�-�e. r �1�u-.r" �.�-�,,k� -P.,r=� r O Q dy�z2 _rtq ./"GTL "@��'�''��°:�''�,::�1� l�' a� y C V!: i J `-'t% v'7 i �;;;�J�/�1 1 \�`�..^.i��J�'S.._� _�SJN��,(�s�'�''�`'A1.L,- 6�L��-,:f/ l/dJ��VAU�'�� _D A /—rf�/�_ I%�97��4"�' .G +r.a-- L, t .:�?�r�' o�a4 L��-�°°� �K-�� 4 7�I-a-e�1 G�Z�a-y-a.-� _'r �X aiG�� r l .a �.�..,�y .C^, ss d i �,O 1� �G r�-�..t- 1 ,�r�--v� �d a.:�v.� 4 °x� x� �..0 �Z��' `,�1 Jerry Germaine ZyvobsW 'r r F? P n I _r 3013 68 Av�e:��=,�= k...� j i L� B n Center !�.1��- rooklY MN 55429� f �,��.A.�`� P. �o c� c�� i �Q=�� concerning the 6 car issue/ordinance proposal Page 1 of 2 Michael McCauley From: Myrna Kragness Sent: Monday, March 20, 2006 9:21 PM To: Michael McCauley Subject: FW: concerning the 6 car issue/ordinance proposal From: Teen Advice Online [mailto:TA010yrs@teenadviceonline.org] Sent: Mon 3/20/2006 11:05 AM To: Myrna Kragness; Kathleen Carmody; Kay Lasman; Diane Niesen; Mary 0'Connor Subject: concerning the 6 car issue/ordinance proposal Dear Mayor Myrna Kragness and Council Member Kay Lasman Council Member Diane Niesen Council Member Mary O'Connor Council Member Kathleen Carmody I am extremely disturbed to have read in the local paper that the city is considering yet another ordinance it won't enforce, and still, a bad one at that. When I was growing up, (not in BC.) I was one of a family of 11, and there were times we had easily had over 6 cars in a triple wide drive, with a one car garage, and playing car shuffle was common... Each of those cars had a driver, a hardworking individual that needed transportation. I can't believe the city will work at dictating that people can't have as many cars as needed/desired. If a house can hold 11 people with 11 drivers, with all cars working, then the city would be doing an injustice to those hardworking persons by limiting their livelihood. How very fortunate for those individuals making lots of money that can own many vehicles, a home of their own and a garage for them all... yet it is the average person residing in Brooklyn Center that can't rush out and buy a home, thus living at home, way into adulthood. I've lived in Brooklyn Center 27 yrs and have had nothing but problems with the city, police, mayor and code enforcement, actually following through with and putting an end to unlawful acts within one block radius of my home and I know I am not alone. Let's start with junk cars... ones that don't move, don't run, maybe worked on, or not and are not used at all. As a rule there is a major problem, because you can drive throughout the city and see them. I take notice because I do a lot of walking and bike riding. Then how about the yards that are unsightly with junk that is strewn about... things obviously not used and surely not yard ornaments. Here are valid, easily apparent issues, not a comparison at all to working cars matched up with hardworking people, yet these city problems continue. Why is that? Whether neighbors have complained or not, (we've personally have directly called code enforcement) and we know the city does drive-bys, but they obviously are not following through with and enforcing the letter of the law because you can see these offensive yards and homes that might not have multiple cars, yet are a disgrace to the neighborhood and clearly breaking the law, let alone disrespect for thy neighbor. Then how about a business running a delivery service from ones home (they had trucks of all sizes coming and going all day long on our block), or a business, working on cars, and animals running at large. We spent years trying to get that delivery business 2 doors over stopped taking pictures, calling police so they'd see all of the trucks at the house for company meetings etc, but all that done was telling them to stop it (we can only assume) and maybe sent out a letter (we only assumed), but that was it. Obviously there was an ordinance in place, but the company continued on until it dissolved of its own accord. We put up with this for over 7 yrs while our children were young and used our residential street but were never safe from these fastly paced trucks that added an unusual amount of business traffic... Then there is that car mechanic business nearby that is illegal and continuing today out of the homeowner's garage. The individual has a few vehicles of his own (no room in his double car garage for them), and with a steady pace of cars being dropped off, with the garage door up, obviously working on a vehicle with more in waiting, then add that to his various vehicles, cycles... all adding to more than six, but oh goody, a new ordinance would stop this illegal business? The problem here arose for us when driving around the corner of his home, (5500 Logan) 2 times there was a nearly a car accident because of the spillage of cars into the street on both sides. We've alerted code enforcement, taken pictures, called when his garage door was up and he was working, called when an auto parts delivery truck was parked there (sent photo too) and wrote Mayor Kragness, yet the business is going on over many years now, at least 3 years we've alerted the city... a broken law, the city alerted, but nevertheless, the business 3/22/2006 concerning the 6 car issue/ordinance proposal Page 2 of 2 continues on. All cars in full working order (obviously not those he is working on) yet less than 6 vehicles at times, but broken laws a plenty and the city will not or can not enforce a problem, an ordinance already on the books. Figure that one out... lack of what? What good is the ordinance, and surely you jest that having more than 6 cars, the city would be on top of that by sending out a"you are in violation" letter? Those letters do absolutely nothing for the lawful abiding citizens of the city that want to live in a quiet, respectable neighborhood. Then there is the neighbor behind us that has/had a massage business that draws clients to the home (they also let their animals run at large, day and night whenever they feel like it). They recently took down their sign "Hands of Hallman".. I don't know if they didn't want to draw attention to the home or if the business no longer exists... still, another company drawing added traffic to the residential neighborhood, yet the city never shut it down either after being alerted. Maybe code enforcement showed up, so they took down the sign and that is all... I might seem vague here because I have given up... we did our part for our neighborhood and it was, once again, left in the city's court. Just an added note, I have a new neighbor that moved in last year, and within a month's time, they too noticed the animals at large from that residence. 'Then there are animals at loose and at large in the city. You call and report the problem, talk to the offending neighbors, but the problem continues. We've tried sending out a letter to neighbor (after personally talking was not effective) with a copy to the police, and only one neighbor does keep her cat in now, or putting it on a leash when it is outside. (I cannot imagine anyone having a pet run loose, let alone when they are not even home couldn't this be considered animal abuse?) Have you ever had cats spray your house or kill and leave dead birds about your lawn? 'The law exists for animals at large, but as a rule it is not enforced as you can see animals loose as you go for a walk in the city. The city of BC has a lot of roaming cats, barking dogs that bark all day, with neighbors having given up reporting problems because they know that the ordinances, although they are in place in keeping respectable people accountable, do no such thing for those individuals that have disregard for others. It all boils down to enforcement and where is that beyond an official letter? T'he city claims to want support in keeping a lovely city, but I wholeheartedly disagree with that sentiment. As you can see, there are many issues that are already a problem with the city, ones they are not able to take care of, for whatever reasons. Adding yet another ordinance to the books for those few families that need many cars, is not considerate of their needs... It is my best guess that most yards that have more than 6 cars, probably have one or two that are being repaired or are junk, not even currently tabbed. I bet if you draw a circle of a block or two radius from your home, within that azea there would be at least one extremely, unkept yard and a yard that contained a junk car, and more violations still, but on average you'd not find a yard with more than six cars, unless maybe it has at least one car not running. If the problematic residents of Brooklyn Center know the city wont follow through beyond sending out a letter, then they will continue letting their animals roam the neighborhood, keeping junk cars about, unsightly yards and homes, running those businesses that draw steady traffic through residential areas and so on. And this says nothing of the high theft rate in our city that continues to grow because those apprehended thieves know they are soon let go, that is if they are even caught. We don't have many more businesses left to leave town... It seems the city has their hands full already, yet you are considering keeping honest people from owning and driving cars? It is not that many cars in a front yard are unsightly, it is a beautiful empty mall and rising taxes that are mighty ugly. The next thing just may be the city telling me what color my house has to be because one neighbor thinks my chosen hue is "unattractive". Oh please. If the city enforced the laws on the books, (beyond just a letter) and left the good people of BC alone, the city would be a kinder, and safer place. I ask that you drop this number issue and give a good going over as to how Brooklyn Center is going to truly enforce the appropriate ordinances and laws that do nothing now in stopping the ill mannered populace, but rather are allowing, "business as usual" because of the enforcement procedures. I thank you kindly for your sincere considerations for the respectable, hardworking people of Brooklyn Center that deserve better. Sincerely, CJ Fenner 5510 James 763.560.0677 i 3/22/2006 �Phone-In Responses to Proposed Ordinance Regarding Vehicle Limits 3/10/06 Anonymous woman doesn't want more than 4 cars in driveway blight on community 3/13/06 Bob Smith limit to 3 per driveway 3/13/06 Joe Mauson limit to 4 cars they block sidewalks and extend Thurber Rd Beard Ave into roadway 3/14/06 Paula Champagne favors limits of 3 or 4 cars per driveway; 6 is too 6436 Kyle Ave N many such a blight 3/21/06 Pat Anderson favors 6 limit for cars 6407 Noble Ave N 3/14/06 Barb Faunders Agree that there should be a limit of four cars in 3118 Thurber Rd the driveway, if that is not possible, a maximum of six should be allowed. 3/15/06 Resident Recommends that the limit be changed to four cars in the driveway and two in the garage. 3/16/06 Jerome and Germaine Agrees with the proposed ordinance. Disgusted Zilawaski with the situation. Moved to Brooklyn Center in the 1960's and now the City is going in a bad direction. People are not responsible for their property and they (Zilawaski's) are not going to be chased out of the City. People should clean out their garages and store the cars there. More than cars are being stored outside and it makes the City look bad. The City doesn't seem to care and people are not happy. Excessive parking on the street is bad too because of limited exiting of driveways. 3/22/06 Frank Henry against the ordinance; it's none of the City's 5533 Irving Ave N business what residents are doing on their own property, within reason City Council Agenda Item No. l0a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DONN ESCHER WHEREAS, Donn Escher served as Chair of the Financial Comxnission since August 17, 1992, providing leadership and being instrumental in reviewing and developing fmancial management policies and making I recommendations regarding the City's annual budget, as well as City Council salaries; and WHEREAS, Donn Escher served as a member of the Financial Task Force from Apri122, 1991, through June 9, 1992; and participated in the review process and made recommendations 1) to improve cost effectiveness of City services, programs, and funcrions; 2) on priorities for reducing or eliminating services; and 3) on modificarions, additions, and/or delerions to short- and long-term City revenue sources; and WHEREAS, in 1962-1963 Donn Escher served on the Government Study Comxnittee that recommended that a Charter Commission be formed and he served on the first Charter Cominission, as well as another ten years from December 12, 1978, to December 1, 1988, serving in the capacity of Chair and Vice Chair; and WHEREAS, in 2004 Donn Escher was the recipient of a Brooklyn Center Community Service Award by the Brooklyn Center Special Events Coxiunittee; and I WHEREAS, Donn Escher also served the State of Minnesota in a number of very responsible positions; and WHEREAS, Donn Escher was involved in numerous civic and community organizations; and WHEREAS, his public service and civic effort for the betterment of the community merit the graritude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Donn Escher is hereb reco ed and a reciated by the City of Brooklyn Center, and this resolution Y S� PP serves as a visible and lasting expressing of gratitude for the leadership and service he has rendered to the citizens of Brooklyn Center and be it further resolved that the City of Brookl}m Center extends its condolences to Mr. Escher's family on his recent death, which is a loss both to his family and many friends, and also to the community of Brooklyn Center. March 27. 2006 Date Mayor ATTEST: I City Clerk The motion for the adoption of the foregoing resolurion was duly seconded by member and upon vote being taken thereon, the following voted in favor thereo£ and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item l�o. lOb PROCLAMATION DECLARING APRIL 2006 AS CHILD ABUSE AND NEGLECT PREVENTION MONTH WHEREAS, all children need love and guidance and deserve to grow up in an environment free from violence and physical harm; and WHEREAS, children are influenced by the model for behavior set by adults in their environment; and WHEREAS, positive, non-violent parenting promotes positive, peaceful relationships and respect for others and their rights to safety; and WHEREAS, childhood is a unique and critical stage of life, and all children share the same basic needs for safety, health, love, and dignity; and WHEREAS, current research shows that exposure to violence negatively impacts upon normal brain development and learning for all children; and WHEREAS, violent behavior learned in the home and school environment is reflected in the behaviors of people throughout our communities, cities, and societies at large. NOW, THEREFORE, I, AS MAYOR OF THE CIT'Y OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim Apri12006 as Child Abuse and Neglect Prevention Month in Brooklyn Center and call upon all citizens, community agencies, religious organizations, medical practitioners, and businesses to increase their participation in efforts to promote violence-free families, thereby strengthening the communities in which we live. March 27, 2006 Date Mayor ATTEST: City Clerk I Child Abuse Pre�ention Couneil of He�nepin Coun�IC.H.A.S.E. For Families Creatin9 Healthy and safe En�i�onme�tus March 17 2006 Mayor Myrna Kragness City of Brooklyn Center 6301 Shingle Creek Parlcway Brooklyn Center, MN 55430 Dear Mayor Kragness, As the officially recognized Child Abuse Prevention Council for Hennepin County, we, the representatives of C.H.A.S.E. for Families, are writing to enlist your city's assistance. Your help is needed in making this year's Child Abuse and Neglect Prevention Month a countywide campaign. As you may know, we normally ask cities in Hennepin County to designate April as Child Abuse and Neglect Prevention Month. This year there is an attached resolution that asks more of cities. As in past years, we would like your city council or Mayor to make an announcement proclaiming Apri12006 as your city's Child Abuse and Neglect Prevention Month. The attached resolution asks cities to take a stand in favor of positive, non-violent parenting. It also proposes to use your city resources to reach out to parents to distribute information on non-violent discipline methods that work. We have included several examples that you are free to modify or copy so that it meets youa� city's standards for public information. We ask that you modify the resolution if needed, adopt it and announce it, along with Child Abuse and Neglect Prevention Month. It is our hope that as each year passes, and as everyday citizens learn more about ways to prevent child abuse, we will see a decline in the number of child maltreatrnent cases throughout Hennepin County. Announcing April as Child Abuse and Neglect Prevention Month and adopting this resolution may seem like small steps. Our experience is that raising awareness precedes change, especially when a powerful message comes from city leaders. The Child Abuse Prevention Council of Hennepin County (C.H.A.S.E. for Families) has an ongoing commitment to renew and invest in partnerships between your city and our organization of prevention professionals. This includes assistance from our staffperson, Lois Gunderson (612.728.2094 or LGunderson@fcsmn.org.) Please contact her if we can support your efforts in any way. Sincerely, ��a� C f..r��'c_-•__-- 1 Cleora Brown Vicky Douglas Co-chair, CHASE for Families Co-chair, CHASE for Families Initiative V olence-Free Family Children's Service Families 41Z3 East Lake Street Minneapolis, MN 56406 �•fcsmn.org Ideas t« �i,�� t�,�'. a to help you M� calm down F Count to ten very slowly. Think about TIpS the counting or something that makes you happy, instead of your child's be- �n i havior. Positive Put your hands in your pockets. This will ��y 'y help keep you from using them to r s threaten or hit your child. D'��' i1 ��t��;.� Take a deep breath and let it out slowly. k ,��t Pretend you are releasing steam from our bod r� ��,�r y y. Get away from the situation. Go into another room or take a walk. (Do this �Yf only if it is okay for your child to be 3 f 3� alone or if there is someone to watch �i�� Q your child.) y �p� Talk about the problem with a partner, a -�y y r friend, or a relative. z The information in this brochure is reprinted from Positive Discinline� A Gufde for Parents, It is used a r with permission from the University of Minnesota ti�,� ��a; �w r Extension Service. ��a, y t Tips for Parents `U 5� This publication was developed by Children's Hos pitals and Clinics and the Universi ty of Minnesota Extension Service. Copyright O 1999 Ca regivers i Regents of the University of Minnesota. All rights ��R reserved. a i-- 36��;� v91 n s� ��a� t k�'� d Initiative a 'A V�rlenee F�IT�I�E�'S FAMEILY S CHILORBN'i SERVICE r S C2� p i�� Initlative for Violence-Free Famllies/FCS 6��. 4123 East Lake St., Minneapolis, MN 55406 s� 612-728-2094 Iois.gundersonC�fcsmn.org F v www.ivff.org �%v�.., 'e�, +;�.�..*a�axa'�i.� Three ways yo u cars 3 To Correct Misbehavior "If vou don't snank a child. she will be snoiled." use disclpllne When children misbehave, tryto respond in a way Spanking does not keep children from becom- that helps them learn how to behave better in the ing spoiled. Children who are spoiled have 1. To Nurture Your Child future. learned to get what they want with tears and This is where you need to put most of your effort. Let them safely experience the consequences of tantrums. Parents who spoil their children of- Children learn best when they know they are loved their actions. and supported. ten do too much for them, instead of helping Take away a privilege. Love your child, no matter what they do. them learn to do things for themselves. The Glve them a stern reprimand. Listen to your child. best way to keep children from being spoiled is If they damaged something, expect them to �x or When the are bein ood ten them. to give them love and caring along with clear y g g a for it. pY Expect the best from your child. ��u�� rules about behavior Use a "time out." Make sure they are safe physically and emo tionaily. A�(JO LI t SpiZnkllTg' trv not to snank. but there are times when Be a good role model. nothin� else works." c Most parents would rather not spank thelr Many parents believe that spanking is okay and 2. To Guide Your Child chlldren. Yet spanking Is sometlme used in sometimes necessary. Often parents can only Children need you to teach them how to act, help them to manage their feelings, and learn responsi many familles. Why? Here are some reasons think of one thing to do when a child misbe- bility. You need to have rules about behavior, and parents may spank: haves: spank. Parents your child needs to know what will happen if those usually spank when they rules are broken. "Snankin� works for me." are angry and frustrated. Help them learn to solve problems. Spanking wlll get your Child's attention and it The good news is there show them how to do things. will stop the misbehavior for the moment. are many other ways you Take them away from situations they can Spanking doesn't teach children what you ex- can learn to respond to 9 handle. pect of them, or how to behave in the future. It your child's behavior. Help them learn to calm down. also doesn't teach children how to behave when Parents who begin using Prepare them for difficult situations their parents aren't there to see that the rules other wa s to disci line Y p hen ou can an "no when o Sa es' w d u Y Y Y Y are followed. their children generally find out they work bet- need to. Give them a chance to do it the right way. tEr than Spa11k111g. 1 was spanked and turned out okav." ��yx Most adults who were spanked as children do �x y "Snankin� is nart of mv culture." 3 d� �3 ��a grow up to be okay. However, this is not be- s Spanking is common in the United States. It is y S Y cause they were spanked. It is because their r� ��F part of American society, and not confined to n t� ��c� families also used other forms of disci line that xy�,�� P an I ��y were positive. We know from research that be- Y Particular culture. R r,: ingspanked as a child can lead to problems R, such as depression, domestic violence, and r^ chemical abuse. ��x ft �'r'"; �r.a',,, v� r '�'��,;r x '�a„�ta I I ��a s r �i, ��y� Resources j for Parents �a r�, ,y� y� a Greater Minneapolis Crisis Nursery D' c i 1 i n e E k W 763-591-0100 t y F ,s x; Parent Warmline A e 612-813-6336 Circle of Parents 1-800-CHILDREN gae ��1� 5 St. David's Child Development Family Service 952-939-0396 w L� 3 �a The Storefront Group ��t� F 612-861-1675 \u' y 2 fs d d, 1 The information in this brochure is reprinted from Pnsiflve Dfsclnlfne: a Gulde for Paren#s. It is used �,�e ��y with permission from the University of Minnesota Ti ps fo r Pa re nts s I Extension Service. �F Caregivers ��z,. This publication was developed by Children's Y Hospitals and Clinics and the University of ,l' Minnesota Extension Service. Copyright �O 1999, Regents of the University of Minnesota. Ail rights reserved. r,� �z�`. 4 ux ��'��.-G .4.. F �{�f y�011IKB�M� FI�mI��e$ FAMILY fr CHILAREN'S S�RVICE u Initiative for Violence-Free Families/FCS 4123 East Lake St., Minneapolis, MN 55406 612-728-2094 lois.gunderson@fcsmn.org www.ivff.org Ti ps When you get tired or things become f01' too much, give yourself a break. isciplining Babies &Toddlers (9 months to 2 years old) Ask yourself whether you child is misbe- �'d ren having or Just trying to learn something v Older babies toddlers are becoming inde- new. Act the way you want your child to y� pendent and learning about the worid they act. If you yell, so will your child. live in. Toddlers need to explore, run, climb Be specific and direct when you ask lnfants and touch. They know what they want and your child to do something. will tell you. They can get upset when you (Birth to 9 months) don't understand their words or when you try Be realistic about what your toddler can to stop them. do for herself. 3�� Babies come into the world read to learn and row. The Toddlers watch what others do and copy y Y g Y learn through all of their senses. They often them. They will copy what they see on televi- use their mouth to explore objects around sion and in movies Preschoolers Toddlers have minds 2-1 2 to 5 ears old them. Babies learn to talk by listening and Y responding to the people in their lives. They of their own, but use crying to tell you what is bothering they need you to Preschool children will try to act as if them. help them and to they're all grown protect them from up. At the same, danger. they want to be Disciplining an Infant Dlscl linin a your baby. They Give your baby lots of love. Remember, you p g may insist on do- can't spoil a child with love. TO[I(IIeP ing things for themselves, even when they don't know how. Preschoolers will Never spank or shake your infant. Give your toddler lots of love. test the rules and argue about rules Move your baby if she is getting into things Let your child know you're pleased when he they don't agree with. she shouldn't. behaves well. Preschoolers have full imaginations. Put unsafe things out of your baby's reach. Never spank or shake your toddler. They may be afraid of the dark, animals, monsters and more. They enjoy being If you child wants something he can't have, Put unsafe things out of your child's reach. in charge and telling others what to do. offer him something he can have. If you child wants something she can't have, Preschoolers watch you closely. Your Try to have a regular routine to your day. try to interest her with something that she actions teach them far more than your can have. words. Preschoolers want to please When you get tired or things become too much, find a way to take a break. Try to have a regular routine to your day. you. i City Council Agenda Item No. lOc r PROCLAMATION DECLARING APRIL 2-8, 2006, TO BE COMMUNITY DEVELOPMENT WEEK WHEREAS, community development services provided in our community by the Community Development Department are an integral part of our citizens' everyday lives; cmd WHEREAS, the Community Development Department defines future City directions through such functions cmd services as land use and comprehensive plcmning, development plan review, redevelopment, economic development, zoning and subdivision complicmce, preservation of existing housing supply, cmd protective inspections; and WHEREAS, among the City's most fundamental ordincmces are those which provide standards for the safe construction of buildings in which people live, work, and play; and WHEREAS, through the efforts of code officials and their cooperative relationship with the construction industry, the administration of these health and life-safety standards is assured; cmd WHEREAS, the technical knowledge, skills, and abilities of the community development staff promotes the health, safety, cmd comfort of this community which greatly depends on these protective inspections and services; arid WHEREAS, it is highly appropriate that the services provided by the community development staff be recognized and appreciated. NOW, THEREFORE, I, AS MAYOR OF THE CTTY OF BROOKLYN CENTER, State of Minnesota, with the consent cmd support of the Brooklyn Center City Council, do hereby proclaim the week of Apri12 through 8, 2006, to be Community Development Week in the City of Brooklyn Center to recognize the contributions that community development staff make to our health, safety, comfort, and quality of life and to create awcu�eness as to the importance of construction cmd building codes cmd to spotlight the role of the dedicated code official in administering those codes. March 27, 2006 Date Mayor ATTEST: City Clerk City Council Agenda Item No. lUd i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING CITY COUNCIL CODE OF POLICIES AND REPEALING PREVIOUS RESOLUTIONS AND MOTIONS IN THE FORM OF POLICY STATEMENTS WHEREAS, the Brooklyn Center City Council from time to time has adopted resolutions or motions in the form of policies or directives for continuing action or setting forth expectations for operation; and WHEREAS, since the City's establishment as a village, numerous such resolutions and motions have been adopted without a formal compilation; and WHEREAS, it would be helpful to establish a Code of City Council Policies to collate these actions in one document for ease of reference and amendment; and WHEREAS, attached hereto and incorporated herein by reference as Exhibit "A" is a proposed City Council Code of Policies; and WHEREAS, the City Council has determined that adoption of the proposed City Council Code of Polices set forth in Exhibit "A" would be reasonable and proper; and WHEREAS, the City Council has regularly amended the Pay Plan for Employees and the Personnel Policy and it would be appropriate to maintain the Pay Plan and Personnel Policy as separate policies unaffected by the adoption of the City Council Code of Policies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Council Code of Policies as set forth in Exhibit A be and hereby are adopted. BE IT FURTHER RESOLVED that, with the exception of the City Employee Pay Plan and Personnel Policy, that all previous resolutions and motions establishing policies or procedures be and hereby are superseded by the City Council Code of Policies adopted hereby and are of no further effect. March 27, 2006 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. X 1 1 City of roo n en e�- Cit Council y Code of Policies City of Brooklyn Center City Council Code of Policies Contents Introduction This City Council Code of Policies is a codification of City Council policies regarding a variety of City functions. It also establishes schedules for the review of various services. Its adoption as a code allows for the compilation in one place of City Council policies. With its adoption on only those policies incorporated in the resolution establishing this City Council Code of Policies are in effect as of that date of adoption. Any prior resolutions or motions establishing policies were superseded or repealed by virtue of the adoption of the City Council Code of Policies. Subsequent resolutions amending the City Code of Policies will be incorporated into this code. City Council policies may not conflict with State Law or City Charter or Ordinance. Policies are intended as guidance in the conduct of City business. City staff is guided in its actions by City Council policy. While policies serve to guide City staff, City Commissions, and the City Council, the City Council, by majority vote, may take an action that is inconsistent with a policy that the City Council has adopted. The City Council is vested with the authority to conduct City business and may do so, consistent with the City Charter, City Code, Federal law, and State law, by a simple majority vote unless an extraordinary majority is required by State Law or Charter. A1 habetical Listing P Budget Policies 245-251 City Council Meetings, Processes, and Procedures 101-113 City Council Policies 201-209 Development and Housing Policies 254-258 Financial Policies 220-235 Miscellaneous 264-275 PurchasingPolicies 252-253 Schedule for Professional Services Policies 261-263 Special Assessment Policies 210-219 Street/Alley Lighting and Residential Stop Sign Policies 259-260 UtilityPolicies 236-244 City of Brooklyn Center Contents 2 City Council Code of Policies Section I— Ci Council Meetings, Processes, and Procedures tY l.l Types ofMeetings 101-103 1.2 Notice of Meetin s ...103 g.......................................................................................................................... 1.3 Parliamentary Procedure 104-106 1.4 Order of Business 1.5 Varying Order ..........................................106 1.6 Agenda 10-109 1.7 Addressing the City Council 109-110 1.8 Addressing the City Council After Motion is Made 1.9 Limitations Regarding Public Comments and Reports 1.10 Presiding Officer 1.11 Questions to be Stated 1.12 Maintenance of Order .....110 1.13 Motions 111-112 1.14 Duties at First Meeting of City Council 112-113 Section II General Policies CITY COUNCIL POLICIES 2.01 Policy on City Council Use of Electronic Mail 201-202 2.02 Policy on City Council Use of Voice Mail 203-205 2.03 Policy on City Council Commitment to the Brooklyn Center City Charter .....206 2.04 Policy Declaring Elected Of�cials be Considered Employees for Workers' Compensation Insurance Purposes .206 2.05 Policy and Procedure on Mayor and Council Member Total Compensation 207-208 2.06 Policy on City Council Out-of-State Travel SPECIAL ASSESSMENT POLICIES, 2.10 Special Assessment Policy 210-218 2.11 Special Assessment and Internal Loan Interest Rate Policy .....219 FINANCIAL POLICIES 2.20 Capitalization and Depreciation Policy for Assets Held by the City of Brooklyn Center 220-221 2.21 Financial Management Policies 222-229 2.22 Investment Polic 230-235 y........................................................................................................................... UTILITY POLICIES 2.30 Policy for Public Utility Account Collections 236-242 2.31 Policy Regarding the Sanitary Sewer Rate for the Elderly .....243 2.32 Water Utility Meter Readin Polic 244 g Y BUDGET POLICIES 2.40 Guidelines for Funding Social Services 245-246 2.41 Capital Improvements Fund and Infrastructure Construction Fund Expenditure Policy 247-249 2.42 Capital Reserve Fund Polic 250-251 y Ciry of Brooklyn Center Contents 3 City Council Code of Policies PURCHASING POLICIES, 2.50 Ci Purchasin Polic ......................................................252 g y ...........................................................................................................................253 2.51 City Disposal of Property Policy DEVELOPMENT AND HOUSING POLICIES, 2.60 Housing Bond Policy Procedures 254-255 2.61 Business Subsidy Policy 257-258 STREET/ALLEY LIGHTING AND RESIDENTIAL STOP SIGNS POLICIES, 2.70 Street and Alle Li htin Polic ........................................................259 Y g g y ...................................................•........................................................260 2.71 Residential Stop Sign Policy SCHEDULE FOR PROFESSIONAL SERVICES POLICIES, 2.80 Policy and Procedure on Requests for Proposals for Financial Professional Services 261 63 2.81 Schedule for Requests for Proposals for Legal Services MISCELLANEOUS POLICIES, 2.90 Policy for the Sale of Salvaged Street Names Signs 2.91 Bias/Hate Crime Response P1an 2.92 Policy Regarding the Use of City Water Towers for Personal Wireless Services Facilities.......... 266-�69� 2.93 Long-Term Deer Population Management Plan 2.94 Employee Recognition Program .....271 2.95 Business Ethics Policy 2�2-2�5 i SECTION I- CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES Ciry Council Code of Policies Table of Contents 1.1 Types ofMeetings 101-103 1.2 Notice of Meetings 1.3 Parliamentary Procedure 104-106 1.4 Order of Business 1.5 Varying Order 1.6 Agenda 107-109 1.7 Addressing the City Council 109-110 1.8 Addressing the City Council After Motion is Made ..............................................................................110 1.9 Limitations Regarding Public Comments and Reports ..........................................................................110 1.10 Presiding Officer 1.11 Questions to be Stated 1.12 Maintenance of Order 1.13 Motions 111-112 1.14 Duties at First Meeting of City Council 112-113 i SECTION I- CITY COUNCIL MEETING5, PROCESSES, AND PROCEDURES City Council Code of Policies 1.1 Types of City Council Meetings 1. Regular Meetings A. The City Council of the City of Brooklyn Center shall hold meetings in the Council Chambers of the City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, on the second and fourth Mondays of each month at 7:00 p.m. No meeting will be held on a legal holiday, but a regular meeting shall be held at the same hour on the next succeeding day that is not a holiday. B. Regular meetings will be cablecast and the videotapes will be retained for three months a$er approval of the official minutes of the meeting. The written Council minutes are the permanent record for the City. C. Procedures for Determining Whether Absences From Council Meetings are Excused l. The Brooklyn Center City Charter, Section 2.05 states "the Mayor or Council member shall forfeit the office for ...(4) failure to attend three consecutive regular meetings of the Council without b�ing excused by the Council." 2. The City Council of the City of Brooklyn Center, Minnesota, resolves that the following provisions for recording and establishing unexcused absences are set forth: a. A member of the Council who will not be attending a meeting of the Council, and who wishes to be excused, shall report to the Mayor, Clerk, or Manager, either verbally or in writing at least two hours prior to the meeting, stating the reason for such absence. b. If such prior notice is given, the absence will be excused, and the Mayor shall so declare for recording in the minutes; provided, however, that any member of the Council who is present at such meeting may move that the absence be declared unexcused. A majority of the Council members present may declare such absence to be unexcused if it is determined that there is not sufficient reason to believe that the absence is for good cause beyond the reasonable control of the absent Council member. c. If no such prior notice is given, the absence will be unexcused, and the Mayor shall so declare for recording in the minutes. d. The Council may excuse absences previously declared to be unexcused in the event the Council determines, on the basis of later discovered information or evidence, that the absence was for good cause beyond the reasonable control of the absent member. City of Brooklyn Center March 2006 Page 101 SECTION I- CITY COUNCIL MEETING5, PROCESSES, AND PROCEDURES City Council Code of Policies e. Upon the absence of a Council member from a third consecutive regular meeting of the Council, the Council shall: 1. Direct that written notice be served on the absent member in the manner provided for service of legal process, stating: i. That the Council intends to declare a vacancy in the absent Council member's seat pursuant to Section 2.05 of the City Charter at a meeting of the Council on a specified date, time, and place; ii. That the ground for declaring the vacancy is failure to attend three consecutive regular meetings of the Council without being excused by the Council; and iii. That the absent member may request a hearing by written request delivered to the Mayor, Clerk, or Manager prior to the call to order of the meeting referred to in clause 1. 2. Call a special meeting of the Council which shall be within ten (10) days of the meeting at which the third unexcused absence occurred. f. In the event no request for a hearing is received, the Council shall proceed to declare a vacancy in accordance with the procedures set forth in the City Charter. g. In the event a request for hearing is received, the Council shall set a date, time, and place for a hearing and shall so notify the absent member. The date of the heaxing shall be not less than ten (10) da s from the date the notice described in paragraph 5(A) was Y effectively served. h. At any such hearing the absent Council member may give information and evidence: 1. That one or more of the three consecutive absences was in factexcused; 2. That one or more of the three absences should have been excused because the absence was for good cause beyond the reasonable control of the absent member; or 3. That there is any other legal reason why the Council should not declare the position vacant. City of Brooklyn Center March 2006 Page 102 SECTION I- CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES City Council Code of Policies i. Following the hearing the Council shall determine whether to declare a vacanc in the osition and if so shall roceed in Y p P accordance with the procedures set forth in the City Charter. j. No member of the Council is eligible to vote on whether his or her absence should be excused. Reference: City Council Resolution No. 95-229 2. Informal Open Forum with City Council The City Council of the City of Brooklyn Center shall hold an Informal Open Forum at City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, at 6:45 p.m. prior to the Regular meetings, which are held on the second and fourth Mondays of each month. Informal Open Forum provides an opportunity for the public to address the Council on items that axe not on the agenda. Infonnal Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. 3. Work Sessions Work Sessions may be called when deemed necessary. Notice shall be delivered in the prescribed manner. Public input regarding work session matters will be allowed at the end of each Council work session topic. Public input will limited to a maximum of five minutes per topic. Any member of the public desiring to address the Council shall raise hislher hand, be recognized by the presiding officer, then proceed with their discussion. All remarks and questions shall be addressed to the presiding officer and not to any individual Council Member, staff inember, or other person. During the public input portion of the work session, all remarks shall be limited to the subject under discussion. No person shall enter into any discussion without being recognized by the presiding officer. Reference: City Council Resolution No. 96-199 1.2 Notice of Meetings Notice of all regular meetings, work sessions, and special and emergency meetings shall be publicized and held at the regularly designated time or, in the case of special meetings, appropriately publicized, with notice given to the local media and pre-designated individuals. In addition, there is a provision for special or emergency meetings where the Council may transact any form of City business. That provision sets specific procedures the Council must follow in calling the meeting. City ofBrooklyn Center March 2006 Page 103 SECTION I- CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES City Council Code of Policies 1.3 Parliamentary Procedure The City Council has adopted Roberts Rules of Order Newly Revised for the conduct of meetings. Parliamentary procedure is usually viewed as complex, but it can simply be considered as a set of tools used to assure that a meeting goes smoothly and fairly. It is used to facilitate a group coming to a majority decision when there are differing points of view. L Points of Order The Presiding Officer shall determine all points of order subject to the right of any member to appeal to the Council. 2. Parliamentary Appeal Any member may appeal to the Council from a ruling of the Presiding Officer. If the appeal is seconded, the member may speak once solely on the question involved and the Presiding Officer may explain his/her ruling, but no other Council Member shall participate in the discussion. The appeal shall be sustained if it is approved by a majority of the members present exclusive of the Presiding Officer. 3. Decorum and Order Council Members A. An Council Member desirin to s eak shall address the Presiding Officer and Y g P upon recognition, shall address only the question under debate. B. Council Member desiring to question the staff shall address the question to the City Manager or City Attorney, in appropriate cases, who shall respond to the inquiry or designate a staff inember to do so. C. A Council Member, once recognized, shall be interrupted while speaking only if called to order by the Presiding Officer, a point of order is raised by another Council Member, or the speaker chooses to yield to questions from another Council Member. D. Any Council Member called to order while speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall proceed. If ruled to be not in order, he or she shall remain silent or shall alter his/her remarks so as to comply with rules of the Council. E. Council Members shall accord courtesy to each other, to City employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities. City of Brooklyn Center March 2006 Page 104 SECTION I- CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES City Council Code of Policies F. Any Council Member may move to require the Presiding Officer to enforce the rules. Upon the affirmative vote of a majority of the Council, the Presiding Officer shall do so. 4. Decorum and Order Employees Staff inembers shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall ensure that they observe such decorum. Any staff inember, including the City Manager, desiring to address the Council or members of the public shall first be recognized by the Presiding Officer. All remarks shall be addressed to or through the Presiding Officer. 5. Decorum and Order Public Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. The Presiding Officer may order the removal of any person who makes inappropriate remarks or who becomes boisterous while addressing the Council and bar that person from further audience with Council. 6. Enforcement of Decorum The City Manager shall carry out the orders and instructions of the Presiding Officer for i maintaining order and decorum in the Council Chambers. 7. Personal Privilege The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are questioned or impugned. 8. Conflict of Interest Any Council Member prevented from voting because of a conflict of interest shall refrain from debate and voting. That Council Member may choose to Ieave the Council Chambers during debate and voting on the issue. 9. Limitation of Debate A Council Member normally should speak only once on a subject until every other member choosing to speak has done so. 10. Dissents and Protests Any Council Member shall have the right to express dissent from or protest any action of the Council. A Council Member wishing to have the dissent or protest entered in the minutes should state so with language such as "I would like to the minutes to show that I I am opposed to this action for the following reasons:" Ciry of Brooklyn Center March 2006 Page 105 SECTION I- CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES City Council Code of Policies 11. Rulings of Presiding Of�cer Final Unless Overruled The Presiding Officer shall decide all questions or interpretation 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 matter under consideration. 1.4 Order of Business The order of business of each meeting shall be as contained in the agenda prepared by the City Manager. The agenda shall be a listing of subjects which shall 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 ournment *All members of the City Council shall share equally in the responsibility for determining who shall be permitted to deliver said invocations, and said invocations shall not exceed two minutes in length, nor shall said invocations deliver any political 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 broad-based spiritual term used in our nation's Pledge of Allegiance, one nation under God," and is also the term used on our currency and coins, "IN GOD WE TRUST." Reference: 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. All Public Hearings shall be held at the time specified in the notice of hearing unless several public hearings are scheduled at one time; in that event they shall be heard as soon thereafter as practicable. City of Brooklyn Center March 2006 Page 106 SECTION I- CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES I City Council Code ofPolicies 1.6 Agenda The agendas for regular Council meetings and Work Sessions are prepared in the City Manager's office. Typically, agenda items are submitted to the City Manager by the City departments by Monday preceding the Council meeting. On Monday preceding the Council meeting, a draft agenda is prepared and discussed by City Staff. The agenda will ordinarily be delivered to Council Members on Thursday preceding the Council meeting. The agenda and all supporting material not of a confidential nature shall also be available to the general public at the time it is delivered to the City Council. 1. Call to Order Informal Open Forum with City Council The Mayor, Mayor pro tem, or Acting Mayor pro tem shall call the Informal Open Forum meeting to order at 6:45 p.m. Any person may address the Council on any subject pertaining to City business not listed on the agenda during the time set aside for those comments. The Presiding Officer may limit the time available to each person addressing the Council. Ru1es governing appearances at Open Forum are provided at the site of Council meetings. 2. Call to Order Regular Business Meeting The Mayor, Mayor pro tem, or Acting Mayor pro tem shall call the Council meeting to order at 7 p.m. 3. Roll Call Before proceeding with the business of the Council, the City Clerk shall record attendance of the Council Members in the minutes. 4. Approval of Agenda and Consent Agenda Routine and non-controversial items shall be placed on the Consent Agenda. These items may be approved by one blanket motion upon unanimous consent. Any Council Member may request that any item be withdrawn for separate consideration. The item(s) is then placed under Council Consideration Items. I 5. Policy Establishing Procedures for the Use of a Consent Agenda The City Council must deliberate many agenda items at its meetings and the time available for such deliberation is severely limited. The City Council desires to have as much time as possible for the deliberation of significant agenda items which involve establishment of City policy and goals. Some agenda items are of such routine, I noncontroversial nature that they need minimal Council deliberation. The City Council desires to handle these a enda items as ex editiousl as ossible in order to rovide more g P Y P P time for significant agenda items. The City Charter provides in Section 3.03 (rules of City of Brooklyn Center March 2006 Page 107 SECTION I- CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES City Council Code of Policies procedure and quorum) that the City Council shall determine its own rules and order of business. The City Council resolves that the City Manager is hereby directed to prepare a consent agenda for each regular Council meeting. The consent agenda shall contain those items which in the judgment of the City Manager are routine, noncontroversial items that require Council action but need little or no deliberation. The following procedures and rules shall govern the use of the consent agenda by the City Council: A. Full copies of the consent agenda will be provided in advance to both the City Council and the Press, as well as to all citizens at the Council meeting. B. Pursuant to Section 3.07 of the City Charter readings of resolutions placed on the consent agenda are deemed to be waived by unanimous consent of the City Council unless any Council member objects at the time the consent agenda is considered. C. At the request of any individual Council member any item or items on the consent agenda may be removed from the consent agenda and placed upon the regular agenda for discussion. D. A motion to approve the consent agenda will not be debated. E. The consent agenda shall only be adopted by a unanimous vote of those Council members present at the meeting. Reference: City Council Resolution No. 81-184 6. Amendment to Minutes No amendment to the draft minutes included in the City Council packet will be in order unless the proposed amendment has been presented to the City Council in a written form suggesting changes or identifying language to be changed, including any proposed deletion of text. The proposed written amendment will not be entertained unless provided in written fortn allowing for sufficient copies to be made for all City Council members, the Deputy Clerk and City Manager by 6:00 p.m. on the date of a regular City Council meeting. A Council Member who has not had sufficient time to prepare a written proposed amendment to the draft City Council minutes for the most recent meeting, may move to table the minutes to the next regular City Council meeting and if a majority vote in favor of tabling the adoption of the draft minutes, such minutes will be tabled to the next regular City Council meeting. No amendment to draft City Council minutes that have been tabled will be in order or entertained unless the amendment is provided to the City Manager in written form setting forth the complete text of the proposed amendment, including any proposed deletion of text, by noon on the Wednesday before the next regular City Council meeting following the meeting at which the minutes were tabled City of Brooklyn Center March 2006 Page 108 SECTION I- CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES City Council Code of Policies I Reference: City Conncil Resolution No. 2005-121 7. Protocol for All Action Items on the Agenda (those following the Consent Agenda, other than Public Hearing) A. Mayor states subject matter of the agenda item B. Mayor calls upon the City Manager to provide a staff report 1. City Manager I a. Reports on the agenda item C. Mayor asks if there are any questions from the City Council 1. Council asks questions a. Discussion is not in order at this point b. Statements of opinion or position are not in order at this point D. Mayor asks if there is a motion after the opportunity for City Council questions E. Council makes and seconds motion (for purposes of discussion) F. Mayor asks if there is any discussion on the motion: 1. In order at this time are: a. Comments b. Statements support/opposition c. Additional questions d. Germane motions 1. table 2. amend 2. Mayor recognizes Council Members wishing to discuss a. All council members shall have an opportunity to discuss before a member shall be recognized to speak more than once b. Council Members shall directly address the specific motion and keep their remarks germane to that motion c. Council may make motion to limit or terminate discussion 1. This motion shall not be in order until each Council Member shall have had an opportunity to speak on the motion. I 3. Mayor asks if there is further discussion (unless discussion has been terminated by motion) a. If there is none G. Mayor calls for a vote on the motion 1. Mayor restates motion if requested by a Council Member H. City Council votes on the motion Reference: City Council Resolution No. 2003-172 8. Public Hearing In interest of establishing a non-threatening and positive environment, the following rules are established: City ofBrooklyn Center March 2006 Page 109 SECTION I- CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES City Council Code of Policies A. City Staff introduces item and gives staff report and recommendation B. Questions of Staff by Council C. Presiding Officer opens Public Hearing l. Comments by applicant (if applicable, i.e., Planning Commission applicant) 2. Comments by concerned persons Presiding Officer will ask persons to identify themselves for the public record before speaking at the hearing. All persons will address questions to the Presiding Officer. The Presiding Officer will then determine who will answer them. No one will be given an opportunity to speak a second time until everyone has had an opportunity to speak initially. Those speaking for the second time are asked to not be repetitive in their presentation. D. Close the Public Hearing E. Questions by Council F. Discussion by Council G. Action by Council 1.7 Addressing the City Council Any member of the public desiring to address the Council shall raise his/her hand, be recognized by the Presiding Officer, then proceed to the podium. He or she shall state his/her name and address for the record. All remarks and questions shall be addressed to the Presiding Officer and not to any individual Council Member, staff inember, or other person. During a public hearing all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. 1.8 Addressing the City Council After Motion is Made After a motion has been made or after a public hearing has been closed, no person shall address the Council without first securing permission from the Presiding Officer. 1.9 Limitations Regarding Public Comments and Reports No speaker shall be permitted to address the Council on a topic which is currently before, or about to be submitted for consideration by a City comrnission, board, or other agency. If an appeal procedure is or was available, the Presiding Officer shall not allow oral communication to the Council outside that procedure. 1.10 Presiding Officer Section 2.06 of the Brooklyn Center City Charter designates the Mayor as Presiding Officer of the City Council and a Mayor pro tem who serves as Mayor in the Mayor's absence. In the absence of the Mayor and Mayor pro tem, the Acting Mayor pro tem shall preside. At its first regular meeting in January, the Council, by a majority vote, shall designate a Mayor pro tem. I City of Brooklyn Center March 2006 Page 110 SECTION I- CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES City Council Code of Policies The most senior Council Member shall be designated as Acting Mayor pro tem, and in the event two or more members have equal seniority, then the member who received the most votes in their most recent election shall be designated as Acting Mayor pro tem. Reference: City Council Resolution No. 92-262 1.11 Questions to be Stated The Presiding Officer shall verbally restate each question immediately prior to calling for the vote, upon request from any Council Member. Following the vote, the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer shall also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. 1.12 Maintenance of Order I e No The Presidmg Officer is responsible fo r the maintenance of order and decorum at all tim s. person is allowed to speak who has not first been recognized by the Presiding Officer. All questions and remarks shall be addressed to the Presiding Officer, or through the Presiding Officer to the appropriate Council Member, Staff inember, citizen, or representative. 1.13 Motions When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion shall not be withdrawn by the mover without the consent of the person seconding it. I 1. Motions Out of Order With ma�ority consent of the Council, the Presiding Officer may at any time allow an item to be considered out of the regular agenda order. 2. Division of Question If the question contains two or more propositions, the Presiding Officer may, and upon request of a member, shall divide the same. 3. Precedence of Motions ained exce t the Whcn a motion is bcfore thc Council, no other motion shall bc entcrt p following which shall have precedence in the following order: Adj ourn Fix Hour of Adjoununent Table Limit or Terminate Discussion AmendPostpone Ciry of Brooklyn Center March 2006 Page 111 SECTION I- CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES Ciry Council Code ofPolicies 4. Motion to Adjourn (Not Debatable) A. A motion to adjourn shall be in order at any time except: 1. When made as an interruption of a member while speaking, 2. When discussion has ended and vote on a motion is pending, and 3. While a vote is being taken B. A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned. 5. Motion to Fix Hour of Adjournment All meetings and Work Sessions of the Council shall be adjourned by 11:00 p.m. unless otherwise agreed to by at least a majority of the Council. A morion to set a different, specific time at which to adjourn shall be undebatable and shall be unamendable except by extraordinary vote (4/Sths). 6. Motion to Table A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion prevails, the matter shall be "taken from the table" at any time prior to the end of the next regular meeting, unless the motion is to either table indefinitely or to a date certain. If the motion is to table indefinitely, the matter shall not be rescheduled without at least majority approval of the Council. 7. Motion to Limit or Terminate Discussion A motion to limit or terminate discussion may be used to limit or close debate on, or prohibit further amendment to, the pending motion. It is undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the pending motion. 8. Motion to Amend A motion to amend shall be debatable only as to amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. 9. Motion to Continue Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set. City of Brooklyn Center March 2006 Page 112 SECTION I- CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES Ciry Council Code of Policies 1.14 Duties at First Meeting of City Council Council performs several specific duties at the first meeting of the new year. 1. In Brooklyn Center, the Mayor is the presiding officer of the Council with the right of one vote. The Mayor performs all duties conferred and imposed by the City Code or Charter, by ordinance, and by state laws. The Mayor is usually referred to as "your honor" in Council meetings by those present. The Council must elect a Mayor pro tem to serve on occasions when the Mayor is absent and also an Acting Mayor pro tem to serve in the event both the Mayor and Mayor pro tem are absent. 2. The Council must designate the official newspaper of the municipality where the City will publish required materials. 3. The Council must designate an official depository for the cash funds of the City. 4. In the absence of a provision for it elsewhere, the Council should decide upon a time and place for its regular meetings. 5. Unless previous bylaws are in effect, the Council should, at one of its first meetings, establish bylaws which contain an outline of the order of business at Council meetings, rules governing the deliberations of the Council, and provisions for the use of Council committees, special meetings, methods of Council voting, and so forth. City of Brooklyn Center March 2006 Page 113 SECTION II GENERAL POLICIES City Council Code of Policies Table of Contents CITY COUNCIL 2.01 Policy on City Council Use of Electronic Mail 201-202 2A2 Policy on City Council Use of Voice Mail 203-205 2.03 Policy on City Council Commitment to the Brooklyn Center City Charter ...........................................206 2.04 Policy Declaring Elected Officials be Considered Employees for Workers' Compensation Insurance Purposes 2.05 Policy and Procedure on Mayor and Council Member Total Compensation 207-208 2.06 Policy on City Council Out-of-State Travel SPECIAL ASSESSMENT 2.10 Special Assessment Policy 210-218 2.11 Special Assessment and Internal Loan Interest Rate Policy ..................................................................219 INVESTMENT 2.20 Capitalization and Depreciation Policy for Assets Held by the City of Brooklyn Center 220-221 2.21 Financial Management Policies 222-229 2.22 Investment Policy 230-235 UTILITY 2.30 Policy for Public Utility Account Collections 236-242 2.31 Policy Regarding the Sanitary Sewer Rate for the Elderly ....................................................................243 2.32 Water Utility Meter Reading Policy BUDGET 2.40 Guidelines for Funding Social Services 245-246 2.41 Capital Improvements Fund and Infrastructure Construction Fund Expenditure Policy 247-249 2.42 Ca ital Reserve Fund Polic 250-251 p y PURCHASING/DISPOSAL OF PROPERTY 2.50 City Purchasing Policy 2.51 City Disposal of Property Policy DEVELOPMENT AND HOUSING 2.60 Housing Bond Policy Procedures 254-256 2.61 Business Subsidy Policy 257-258 STREET/ALLEY LIGHTING AND RESIDENTIAL STOP SIGNS 2.70 Street and'Alley Lighting Policy 2.71 Residential Stop Sign Policy SCHEDULE FOR PROFESSIONAL SERVICES 2.80 Folicy and Procedure on Requests for Proposals for Financial Professional Services 261-262 2.81 Schedule for Requests for Proposals for Legal Services ........................................................................263 City Council Code of Policies Section II General Policies 2 Table of Contents MISCELLANEOUS 2.90 Policy for the Sale of Salvaged Street Names Signs 2.91 Bias/Hate Crime Response Plan 2.92 Policy Regarding the Use of City Water Towers for Personal Wireless Services Facilities.......... 266-269 2.93 Long-Term Deer Population Management Plan 2.94 Employee Recognition Program 2.95 Business Ethics Policy 272-275 SECTION II GENERAL POLICIES City Council Code of Policies CITY COUNCIL POLICIES 2.01 Policy on City Council Use of Electronic Mail 1. Support and Training A. City staff will provide user training to the City Council for electronic mail (e- mail) and voice mail. B. City staff will provide user support during normal business hours, only for equipment, software and communication facilities belonging to the City. 2. City 5ystems Use A. Computer equipment, computer programs and communication facilities connected to the City network are to be used for purposes of the City. They may not be used for any commercial or political purposes. B. Users may not use City facilities to communicate to others material that is obscene, indecent, or patently offensive in the workplace. 3. Electronic Mail A. Each Council Member will be responsible for selecting his/her own Internet service provider and for maintaining his/her own subscription to the service. B. The City will not purchase for Council Members any additional equipment or services, such as personal computers or phone lines, that are required for e-mail access. C. The MIS/Technology Coordinator will assign each Council Member an official City e-mail address (i.e. councilmemberlastname@ci.brooklyn-center.mn.us) in Novel GroupWise. Novel GroupWise will be accessed by Council Members through the Internet. D. The official City e-mail address will be used only by the Council Member to whom it is assigned. E. The primary purpose of the official e-mail address will be to communicate with Council Members, constituents and City staff. F. It is the nature of most e-mail systems that the security of inessages cannot be guaranteed; therefore, users should not use e-mail to transmit messages containing data that must be kept secure. G. Users should exercise good judgment in both the type of inessage created and in the tone and content of inessages. E-mail messages must be able to withstand Ciry of Brooklyn Center March 2006 Page 201 �II SECTION II GENERAL POLICIES City Council Code of Policies public scrutiny without emba.rrassment to the City if inessages are forwarded beyond the intended recipients, accessed or inadvertently disclosed, subpoenaed in a legal action, or otherwise made public. Users should use generally accepted standaxds of business conversation in their e-mail messages. H. Users should be aware that communications using e-mail fall under the guidelines of the Data Practices Act. I. Electronic mail is intended as a medium for fast communication, not a medium for storage of valuable files. Users should save and file important e-mail messages in other applications. J. City Council Electronic Mail Protocol. In addition to the general public policies regarding the use of City e-mail, the following protocol shall be observed by the City Council Members with respect to the use of e-mail and avoidance of possible Open Meeting Law issues: 1. City Council Members will not e-mail between or among themselves except for the limited purpose o£ a. Notifying Council Members that they will not be able to attend a meeting of the City Council, a City Commission, or other meeting to which they have been invited as a City Council Member 2. City Council Members may direct e-mail to the City Manager, without copy to the City Council, any requests that items be placed on an agenda or informational items that they would like to have the City Council receive. a. The City Manager will place agenda request items on the appropriate agenda upon the Council Member's request or place an item on a Work Session agenda to discuss with the City Council whether the Council wishes to have the item placed on an agenda. b. The City Manager will distribute general informational items received from City Council members through the weekly update or City mail. c. If the City Manager fails to place an item on either a regular or Work Session agenda, a Council Member may raise the issue under the miscellaneous portion of a Study Session or Work Session. City Council members may raise requests to place an item on a future agenda during the miscellaneous portion of the Study or Work Session agendas without having first requested their placement through the City Manager. Reference: City Council Resolution Nos. 2003-172; 2000-145; 2000-54 City of Brooklyn Center March 2006 Page 202 SECTION II GENERAL POLICIES City Council Code of Policies 2.02 Policy on City Council Use of Voice Mail 1. The MIS/Technology Coordinator will assign each Council Member an official City voice mailbox. 2. Each Council Member will complete a Voice Mail Greeting Information Form that will indicate individual greeting preferences. 3. City staff will be responsible for recording each Council Member's voice mail greeting using the guidelines set forth in the attached Voice Mail Standard Greeting Information Form and the Yoice Mail Alternate Greeting Information Form. Council Members may request that staff record an alternate greeting when the Council Member will not be checking voice mail for an extended period. 4. Each Council Member will be responsible for checking his/her voice mail with the frequency s/he indicates on the i�oice Mail Standard Greeting Information Form unless s/he has requested that his/her voice mail be programmed with an alternate greeting and has submitted to the City Clerk the attached Voice Mail Alternate Greeting Information Form. 5. Long distance telephone charges that accrue when a Council Member checks his/her official City voice mail will be reimbursed by the City. The Council Member must submit documentation of the charges in the form of a billing statement or receipt. Reference: City Council Resolution Nos. 2000-145; 2000-54 City of Brooklyn Center March 2006 Page 203 SECTION II GENERAL POLICIES City Council Code of Policies Voice Mail Standard Greeting Information Form The following bold type will be the standard greeting for mayor and council member voice mail. To assist staff with the recording of your greeting, please provide information or preferences where indicated by "You have reached the voice mail of Brooklyn Center Mayor/Council Member (NAMEI. Name: Mayor/Council Member (NAME) does not keep business hours at City Hall, but s/he does check voice mail every (FREOUENCY). When will you be checking for voice mail messages (i.e. every evening, on certain days of the week, etc.)? S/he will respond to your message within day(s). How long should a caller plan to wait for your response? If you have a concern that cannot wait, (A and/or B). Please choose the option(s) you would like: A) you may try to contact Mayor/Council Member (NAME) at (ALTERNATIVE LOCATIOI� at (PHONE NUMBERI. Again, that number is (PHONE NUMBERI. If you chose this option please provide the following: Alternative location: Phone number for alternative location: B) between 8:00 a.m. and 4:30 p.m. on regular business days, you may press AO" for a receptionist. If you would like to leave a message for Mayor/Council Member (NAME), please speak slowly and distinctly, and leave your name, phone number and a brief inessage after the tone." City of Brooklyn Center March 2006 Page 204 SECTION II GENERAL POLICIES City Council Code of Policies Voice Mail Alternate Greeting Information Form The following bold type will be the alternate greeting for mayor and council member voice mail. If you are not planning to check your voice mail with the frequency indicated on your standard greeting, please complete this form and submit it to the City Clerk. Insert the appropriate information at each On what date do you want the alternate greeting to begin? On what date do you want your voice mail to return to your standard greeting? "You have reached the voice mail of Brooklyn Center Mayor/Council Member (NAMEI. Name: Mayor/Council Member (NAMEI will not be checking his/her voice mail until (DATE1. On what date will you be checking for voice mail messages? S/he will respond to your message as soon as possible after that time. If you have a concern that cannot wait, and you are calling between 8:00 a.m. and 4:30 p.m. on a regular business day, you may press "0" for a receptionist. If you would like to leave a message for Mayor/Council Member (NAMEI, please speak slowly and distinctly, and leave your name, phone number and a brief message after the tone." City of Brooklyn Center March 2006 Page 205 SECTION II GENERAL POLICIES City Council Code of Policies 2.03 Policy on City Council Commitment to the Brooklyn Center City Charter For the first meeting of the City Council each January, a resolution is placed on the agenda as information and reminder of CounciUManager responsibilities. The City Council resolves: 1. To rededicate itself to the spirit and letter of the City Charter and to commit itself to ensuring compliance by the City Council collectively and individually with that spirit and letter of the City Charter. 2. To rededicate itself to the checks and balances of the City Charter that keep City government accountable. 3. To pledge that in its dealings with citizens and City staff, that the City Council will treat such citizens and staff with respect and courtesy. The Council shall deal with staff in accordance with the City Charter through the City Manager. 4. To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner for the good of the whole City without regard for personal gain or interests. Reference: City Council Resolution No. 2004-08 2.04 Policy Declaring Elected Officials be Considered Employees for Workers' Compensation Insurance Purposes The Minnesota Workers' Compensation Act provides benefits to an "employee" who is injured while working. Minnesota Statutes 176.011, subd. 9, clause 6, provides that municipal officers elected or appointed for a regular term of office or to complete the unexpired portion of a regular term are considered to be "employees" for workers' compensation insurance purposes only if the City has passed an ordinance or resolution to that effect. The Brooklyn Center City Council desires that the Mayor and Council Member be considered "employees" for workers' compensation insurance purposes and adopted Resolution No. 2003-83 to comply with statutory requirements. Reference: City Council Resolution No. 2003-83 City of Brooklyn Center March 2006 Page 206 SECTION II GENERAL POLICIES City Council Code of Policies 2.05 Policy and Procedure on Mayor and Council Member Total Compensation l. Need for Policy The community is entitled to a clearly articulated, written description of the policy and procedure for establishing the total compensation of local elected officials. 2. Policy A. Service on the City Council is a civic obligation and an honor. The total compensation of the Mayor and Council Members should, therefore, not encourage candidacies based on monetary rather than public service objectives. However, the compensation of Brooklyn Center elected officials shall be fair and equitable in order to attract qualified candidates for local elective office. B. The propriety of the compensation levels of the Mayor and Council Members shall be evaluated through comparisons with compensation paid to similar officials within the seven county metropolitan area. C. The compensation levels of elected officials should be regularly reviewed and adjusted to ensure compliance with the objectives of this policy and to avoid the need for drastic or sudden compensation adjustments. D. Com ensation set pursuant to this policy and procedure shall be deemed to be the P total compensation for elected officials of the City with the exception of expense reimbursement which shall be the same as provided all other City employees. 3. Procedure A. The City Manager shall biennially prepare a compensation report that contains an analysis of the compensation paid to elected officials of Minneapolis-St. Paul Area Metropolitan cities having a population within 10,000 of the City of Brooklyn Center that are generally fully developed {Such grouping shall include the cities of Richfield, Roseville, Maplewood, Fridley, Shoreview, White Bear Lake, Crystal, New Hope, and Golden Valley, in addition to the City of Brooklyn Center.} The report shall compute the average and median amounts paid to Mayors and Council Members and correlate survey results to the current compensation of Brooklyn Center elected City officials. The City Manager shall assemble such additional information on compensation of City elected officials as may be requested to assist the Commission and Council in their review of elected official's compensation. B. The City Manager shall submit the compensation report to the City Council and the Financial Commission prior to June 1, for information pertaining to the applicable calendar yeax. City of Brooklyn Center March 2006 Page 207 SECTION II GENERAL POLICIES City Council Code of Policies C. The Financial Commission shall biennially review the City Manager's compensation report and discuss possible budgetary and public perception impacts of the indicated changes. Prior to July 1 of the same year, the Commission shall recommend to the City Council that the compensation of the Mayor and Council Members either remain the same or be changed to some specific amount in the manner prescribed by law. D. Consistent with the City Charter, Section 2.07, the Mayor and Council Members may, after conducting public hearings, set their compensation by ordinance. No change in compensation shall be in effect until January 1, following the next succeeding general election. 4. Authority The authority for establishing compensation for the Mayor and Council Members is found in Minnesota Statutes 415.11 and the City of Brooklyn Center Charter, Section 2.07. Reference: City Council Resolution No. 98-91; City Council Minutes 1/10/94 Ciry of Brooklyn Center March 2006 Page 208 SECTION II GENERAL POLICIES City Council Code of Policies 2.06 Policy on City Council Out-Of-State Travel 1. When Appropriate conference, course, or training opportunity in the continental United States sponsored by: o US Conference of Mayors o National League of Cities o United States Government or agency thereof or as authorized in advance by a majority vote of the City Council 2. Expense Limits actual cost of travel: o coach air fare or rail o mileage at IRS rate to and from terminal or depot or to and from site of conference, course, or training o shuttle bus, public transportation, or cab as re uired to et to conference events and lod in 4 g g g if taken to terminal or depot in Twin Cities o actual cost of lodging and meals any costs for persons other than the Council Member are not reimbursed, such as any cost above the room charge that would have been incurred for the Council Member alone are not reimbursed cost of registration, materials, and classes at conference, course, or training opportunity o costs of optional events that are primarily social in nature are not reimbursed o cost of any person other than the Council Member to attend any event or function is not reimbursed 3. Procedure for Approval of Travel as part of the annual budget process, the City Council will identify the maximum amount of money that may be spent for out of state travel by the Mayor and each Council Member provided funds are available within the limits set by the City Council, a Council Member or the Mayor may attend an appropriate event as defined above if o in the case of a City Council Member, the member has not already traveled out of state in the current year or twice in the member's current term on the City Council; or o in the case of the Mayor, if the Mayor has not already traveled out of state in the current calendar year; or o by majority vote of the City Council, the travel has been approved 4. Annual review the policy shall be reviewed annually at a budget work session to determine if any changes should be proposed for formal action by the City Council Reference: City Council Resolution No. 2005-135 City of Brooklyn Center March 2006 Page 209 SECTION II GENERAL POLICIES City Council Code of Policies SPECIAL ASSESSMENT POLICIES 2.10 Special Assessment Policy 1. General Policies A. Initiation of Public Improvement Projects Public improvement projects may be initiated by petition of affected property owners. Public improvements may also be initiated by the City Council when, in its judgment, such action is required. The Capital Improvements Program shall detail a program of street improvements based on Pavement Management Program data, street and utility maintenance records, Municipal State Aid Standards, and the Local Storm Water Management Plan. B. History In 1964, the Village Council approved a Special Assessment Policy which detailed matters regarding the financing of public improvements as the community developed. This Policy has been periodically amended, and related policies approved by separate resolution. In 1985, a substantial change in policy was approved by resolution, when the City abandoned residential assessments based on frontage to adopt a policy based on residence unit. This policy is intended to incorporate all policies related to improvement project financing. It is understood that this policy cannot anticipate every situation, and that certain circumstances may justify deviations from this policy. C. Financing and Assessment Policies Applicable to all Types of Improvements When an improvement is constructed which is of special benefit to properties within a definable area, it is the intent of the City Council that special assessments be levied against the benefited properties within that area to the extent that the costs of such project can be deemed to benefit the properties. The following general principles shall be used as a basis of the City's assessment policy: 1. The "project cost" of an improvement shall be deemed to include the costs of all necessary construction work required to accomplish the improvement, plus engineering, legal, administrative, financing, and other contingent costs. 2. The "assessable cost" of an improvement shall be defined as being those costs, which, in the opinion of the City Council, are attributable to the need for service in the area served by the improvement. Said "assessable cost" shall be equal to the "project cost" of the current project, minus any City of Brooklyn Center March 2006 Page 210 SECTION II GENERAL POLICIES City Council Code of Policies credit attributed to remaining useful life expectancy or to that part of the improvement deemed to benefit the community as a whole. 3. Terms of special assessments shall be as follows: a. Street improvements 10 years b. Bituminous alley improvements 10 years Concrete alley improvements 20 years c. Water and sanitary sewer hookups and improvements 10 years d. Storm sewer improvements 10 years Interest is charged at a rate established by the City Council at the time of certification of the levy. 2. Surface Improvements Surface improvements shall include grading and base construction, sidewalks, curb and gutter, surfacing, resurfacing, undergrounding overhead utilities, landscaping, beautification, and street lighting. A. Standards for Surface Improvements 1. Arterial streets shall be of adequate width to accommodate projected traffic volumes. Sidewalks shall be provided on both sides of all arterial streets unless specifically omitted by the City Council, and shall be of the width approved by the City Council. 2. Collector streets (including commercial and industrial access streets) shall be designed based on anticipated usage, and shall normally be constructed in accordance with state aid standards. Sidewalks may be provided on one or both sides of all collector streets in accordance with the comprehensive plan and shall be at least 5 feet in width, unless otherwise approved by the Council. Wherever feasible, a boulevard at least 7 feet in width shall be provided, measured from the street face of curb to the street face of the sidewalk. 3. Residential streets shall be 30 to 36 feet in width, measured between faces of curbs or edge of street, unless otherwise approved by the Council. The Council may order the construction of sidewalks when such construction is warranted. 4. Alleys, in residential areas, shall be of bituminous construction unless drainage or other conditions require concrete. 5. Street lighting, when installed, shall be installed in accordance with the Council's policy on street lighting. Mid-block lights may be installed when the length of one block from the centerline of one intersecting street City of Brooklyn Center March 2006 Page 211 SECTION II GENERAL POLICIES City Council Code of Policies to the next intersecting street exceeds 700 feet, or when it is determined that a special public safety benefit would accrue. B. Assessment Formula for Surface Improvements The assessments to be levied against properties within the benefited areas shall be distributed to those properties on the basis of the following provisions: l. Residential Streets a. For residential properties zoned Rl, the assessment to be applied against each non-subdividable property shall be a unit amount established annually by the City Council. Said assessment is intended to represent a specific proportion of the average cost of making a typical improvement, such as the average cost of reconstructing a typical block of residential street. For properties which may be legally subdividable into two or more lots, the assessment to be applied shall equal the maximum number of lots allowable times the unit assessment. The assessment shall be calculated as follows: 1. For reconstruction or resurfacing of a residential street, the average cost of a typical similar project shall be multiplied by the Council's designated proportion to be assessed. The total assessed shall be divided by the average number of lots to be assessed to determine the unit assessment. 2. Absent any other policy changes, such as an increase in the proportion of cost to be assessed, the unit assessment shall be adjusted annually to reflect cost of living increases as measured by the Construction Index. b. For residential properties zoned R2, the assessment shall be applied on a front foot basis, said unit being calculated as follows: The R1 unit assessment shall be divided by 75 feet, to determine the front foot rate. The minimum assessment for an R2 property shall be the R1 unit assessment. c. For residential properties zoned R3, the assessment shall be applied per unit on the following basis. The R2 front foot rate shall be multiplied by the total feet of frontage to determine the total benefit. The total benefit shall be divided by the total number of units in the development to determine the unit rate. d. For R4 to R7 properties, commercial, industrial, institutional, or special use properties, the benefits and resulting assessments shall be determined on an individual project basis. Ciry of Brooklyn Center March 2006 Page 212 SECTION II GENERAL POLICIES City Council Code of Policies e. For those properties zoned Rl or R2 having frontage on two or more streets, special assessments shall be levied for improvements on only one of those frontages, at the owner's choice. For example, a property on the corner of A street and B Avenue may choose to be assessed when A street is improved, or B Avenue, but not both. 2. Municipal State Aid Streets a. For properties that are not commercial or industrial in project areas which are primarily residential in character: 1. Benefiting properties abutting a state aid designated street shall be assessed in the same manner as those abutting other residential streets. 2. In those cases where a municipal state aid street improvement project totally removes paxking from a residential street where parking was previously allowed, no special assessments shall be levied. Where parking arrangements have been made, special assessments shall be levied. b. For properties which are commercial or industrial in project areas which are primarily residential in character, and for those properties in commercial areas: 1. Commercial and industrial properties shall be assessed based on an area (acreage) basis. An "A" zone of benefit shall be determined on a project basis, but would typically include that area of all properties abutting the street to be improved, extending to a depth of 200 feet or the property depth, whichever is less. A"B" zone of lesser benefit may be established to identify those properties or portions of properties which do not abut the improved roadway, but which accrue benefit. 2. Unless otherwise approved by the City Council, benefiting properties within this category will be assessed for 70 percent of the total project cost deemed to benefit the properties in accordance with Section l.C. 3. If there is a combination of commercial, industrial and residential properties, the commercial-industrial rate will be determined by calculating an equivalent footage rate based on assessing 70 percent of the total project cost deemed to City of Brooklyn Center March 2006 Page 213 SECTION II GENERAL POLICIES City Council Code of Policies benefit the properties in accordance with Section 1.C., while the residential properties will be assessed in accordance with Section l.C. 3. Other Streets a. Commercial and industrial properties abutting streets which axe not designated as Municipal State Aid routes shall be assessed in the same manner as properties abutting State Aid routes. b. For owner-occupied residential properties located in a commercially zoned area, where such property is not susceptible to subdivision into more than 2 residential uses with direct street access, the assessment shall be equal to the assessment amount established for residential properties zoned R-1 times the number of lots into which the property is susceptible to subdivision. 4. Alleys a. The cost of installation, resurfacing, or reconstruction shall be assessed on a unit basis. Forty percent of the cost to be assessed shall be assessed equally to all owners of lots abutting the alley. The remaining 60 percent shall be assessed equally to all owners of lots currently having access to the alley. b. The cost to be assessed shall include all project costs. For properties where a non-hard surfaced driveway exists, the cost of constructing an asphalt driveway between the paved portion of the alley and property line, minus the cost of sod restoration for an equivalent area, shall be individually computed and added to the uniform assessment for the specific property involved. 3. Subsurface Improvements Subsurface improvements shall include water distribution lines, sanitary sewer lines and storm sewer lines, ponds, or other drainage improvements. A. Standards Subsurface improvements shall be made to serve current and projected land use. All installations shall conform to the minimum standards therefore as established by those state, local, or federal agencies having jurisdiction over the proposed installations. All installations shall also comply, to the maximum extent feasible, to such quasi-official, nationally recognized standards as those of the Ainerican Insurance Association (formerly National Board of Fire Underwriters). City of Brooklyn Center March 2006 Page 214 SECTION II GENERAL POLICIES Ciry Council Code of Policies Service lines to the ro erty line of each known or assumed building location P P shall be installed in conjunction with the construction of the mains. B. Water Mains All properties shall be assessed their share of the cost of installing water main to serve the property and the cost of installing the water service line between the water main and the property line. In addition, all properties shall be assessed their share of citywide or area improvements such as distribution mains, wells, above ground storage, and elevated storage tanks. 1. For those improvement projects where existing main or appurtenances are repaired or replaced, including service replacement to the property line, no special assessments shall be charged. The full cost of said improvements shall be financed by the Water Utility Fund. 2. For those improvement projects where main or appurtenances are installed to provide new service to previously unserved properties, the full cost of said improvement shall be assessed, with the basis being the Engineer's determination of benefit to each newly served property. 3. All properties connecting to the water system shall be charged a connection charge as per the most current utility rate structure. Properties without services shall be responsible for the full cost of installing service from the main to the building. C. Sanitary Sewer All properties shall be assessed their share of the cost of installing sanitary sewer laterals to serve the property and the cost of installing the sanitary sewer service line between the street and the property line. In addition, all properties shall be assessed their share of citywide or area improvements such as interceptors and pumping stations. 1. For those improvement projects where existing lateral or appurtenances are repaired or replaced, including service replacement to the property line, no special assessments shall be charged. The full cost of said improvements shall be financed by the Sanitary Sewer Utility Fund. 2. For those improvement projects where lateral or appurtenances are installed to provide new service to previously unserved properties, the full cost of said improvement shall be assessed, with the basis being the Engineer's determination of benefit to each newly served property. 3. All properties connecting to the sanitary sewer system shall be charged a connection charge as per the most current utility rate structure. Properties City of Brooklyn Center March 2006 Page 215 SECTION II GENERAL POLICIES City Council Code of Policies without services shall be responsible for the full cost of installing a service from the main to the building. D. Storm Drainage All properties shall be assessed their share of the cost of installing storm drainage facilities to serve the property. In addition, all properties shall be assessed their share of city-wide or area improvements such as interceptors and detention ponds. 1. For a proj ect which includes construction of a storm sewer interceptor, detention pond, or other regional facility, an engineering study shall establish the distribution of benefit and determine the assessable portion of the project cost. The assessable cost of a storm sewer interceptor or detention pond shall be assessed equally per unit of area (square foot, acre, etc.) over the entire district served by the interceptor or detention pond. The assessment is generally levied in the current yeax of construction of the interceptor storm sewer or detention pond, and it is entirely likely that a large number of properties will be assessed which do not receive immediate and total drainage relief. It is, however, considered that such properties do accrue benefit from the interceptor storm sewer since the interceptor is available to receive lateral storm sewer connections, or the detention pond or other regional facility may provide relief from storm events of greater magnitude than a 5 year storm. 2. For those improvement projects where existing lateral or appurtenances are repaired or replaced, or slightly upgraded, no special assessment shall be charged. The full cost of said improvements shall be financed by the Storm Drainage Utility Fund. 3. For those improvement projects where laterals or appurtenances are installed to provide new service to previously unserved properties, or where service is substantially upgraded, a portion of the cost of said improvement shall be assessed. Said portion shall be the same as the assessable portion of residential street improvement costs. City of Brooklyn Center March 2006 Page 216 I SECTION II GENERAL POLICIES City Council Code of Policies 4. Assessment Deferral Program There shall exist a program to defer a portion of the special assessments of qualifying ersons under the rovisions of Minnesota Statutes 435.193 through 435.195. Said P P program shall defer the payment of a portion of certified special assessments by property owners who are at least 65 years of age or older or who are retired due to permanent and total disability whose households meet certain financial characteristics. A. Eligibility 1. The property upon which the assessment is deferred must be homesteaded; 2. The property is owned by a person at least 65 years of age on January 1 st of the year in which payment of the first installment of the subject assessment levy is due; or is owned by a person who is retired due to permanent and total disability. 3. The applicant must have a"financial hardship" defined as: a. An annual income for the applicant's household size which is at or below the "Very Low Income" limit established annually by HUD for the Minneapolis and St. Paul Metropolitan Area; and b. The aggregate total of special assessment installments from previously existing special assessment levies plus the first year of the current levy will exceed 1 1/2 percent of the applicant's annual income. B. Calculation 1. The portion of the current levy which will be deferred will be that portion 'res a first ear t s ro ert which re ui of the lev a ainst the a lican p p y q Y Y g PP installment payment which, when added to the applicant's annual payments from previously existing special assessment levies, would result f s ecial assessment installm ents totalin mare than in an aggregate total o p g 1 1/2 ercent of the a licant's annual income. The ortion of the current p pP P levy which can be paid without aggregating total installments above 1 1/2 percent of the applicant's annual income shall not be deferred. 2. Special assessments levied due to the applicant's failure-to-pay charges for City services or failure to comply to City codes (i.e. delinquent utility assessments, assessments for weed removals, assessments for nuisance abatement, etc.) shall not be deferred, and installment payments for existing levies for such services shall not be included in calculating the maximum 1 1/2 percent aggregate payment. Ciry of Brooklyn Center March 2006 Page 217 SECTION II GENERAL POLICIES City Council Code of Policies C. Interest Simple interest at the rate of that particular assessment levy shall be added to the deferred assessment, calculated from the date interest started to accrue on the original levy (usually the October 1 immediately following the certification date) to the date of payment of the deferred portion of the assessment. D. Termination The option to defer the payment of special assessments shall terminate and all amount accumulated plus applicable interest, shall become due upon the occurrence of one of the following events: 1. The death of the owner, provided that the spouse is otherwise not eligible for the benefits. 2. The sale, transfer, or subdivision of the property or any part thereof. 3. If the property should for any reason lose its homestead status. 4. The City Council determines that a hardship no longer exists. Reference: City Council Resolution Nos. 2005-17; 2001-122; 2000-195; 97-214; 97-118; 94- 274; 93-49; 90-138; 90-137; 85-34; 84-175; 83-190; 82-226; 81-244; 80-292 Ciry of Brooklyn Center March 2006 Page 218 SECTION II GENERAL POLICIES City Council Code ofPolicies 2.11 Special Assessment and Internal Loan Interest Rate Policy 1. Policy Objective The objective of this policy is to establish equitable interest rate charges for special assessments levied against private property and for internal loans between funds. In the case of special assessments, the goal is to not unfairly burden the property owner, but yet recover the cost of borrowing from outside sources, recover the cost of administering the special assessment, and protect the City from the possibility that special assessment prepayments might impair the City's ability to service the bonds. In the case of internal loans, the goal is to prevent the loss of interest income to City funds which would otherwise invest their money. 2. Procedure A. In January of each year, the staff shall review the previous year's interest rate against the current market and recommend to the City Council an interest rate to be adopted and used for all special assessments levied and all internal loans outstanding for that year. The internal loan from the Capital Improvements Fund to the Golf Course shall continue at the interest rate approved for it by the City Council at the time it was set up. B. l. The interest rate that will be used as a standard for setting the special assessment and internal loan interest rates shall be the interest rate from the City's most recent sale of improvement bonds with a ten year final maturity. 2. If interest rates have changed substantially since that last bond sale, a comparable City's bond sale will be used from the listing in the League of Minnesota Cities magazine. Factors in determining comparability shall include: final maturity of the bonds, that they were issued by a City, that they were G.O. improvement bonds, and the City's bond rating. C. To the interest rate from the most recent bond sale, 2% shall be added to cover the City's cost of administration and protect the City from changes in market interest rates. The resulting interest rate shall be rounded to the nearest half percent. Reference: City Council Minutes 5/13/96 City of Brooklyn Center March 2006 Page 219 I SECTION II GENERAL POLICIES City Council Code of Policies FINANCIAL POLICIES 2.20 Capitalization and Depreciation Policy for Assets Held by the City of Brooklyn Center The City of Brooklyn Center is required under Governmental Accounting and Standards Board (GASB) pronouncements to record and account for fixed assets in accordance with approved City policies within certain Internal Revenue Service (IRS) regulations. With the implementation of GASB 34, it will be required that all fixed assets be capitalized and accounted for in the fund that provided financing for asset acquisition and should be credited with the value of that asset. Fixed Asset Capitalization and Depreciation Schedule I Asset Cate�ory Value Threshold Land improvements (parking lots, sidewalks, $25,000 fencing) BuildingsBuilding improvements (exeludes $50,000 furnishings) Furniture and furnishings $10,000 Technology equipment (computers, $10,000 communication systems, printers) Motorized vehicles (squad cars, pickup trucks, $10,000 mowers) Heavy equipment (plow trucks, fire trucks, $25,000 loaders, graders) Infrastructure improvements (water, sewer, $250,000 storm sewer, street lights, streets) Asset Type I Examples I Useful Life j i Non-infrastructure Furniture and furnishings I Desks, tables, chairs I 5 years j Computer hardware I Monitors, CPUs, printers I 3 years Communication equipment Telephone systems, radio 10 years systems Motor Vehicles Cars and light trucks I I 5 years Fire trucks I I 15 years Heavy duty trucks I I 10 years Motorized equipment Heavy construction equipment I Dozers, loaders, graders I 10 years Ground maintenance Mowers, tractors and 15 yeaxs attachments Other equipment Recreation equipment, 10 years custodial equipment, engineering equipment Improvements I Parking lots, sidewalks, fences I 25 years Buildings I Buildings, park shelters I 25 years City of Brooklyn Center March 2006 Page 220 SECTION II GENERAL POLICIES City Council Code of Policies Infrastructure Water systems Trunks, mains, towers, pumps 25 years Sewer systems Trunks, mains, lift stations I 25 years Storm sewer systems Trunks, mains, ponds 25 years Street light systems Street lights 15 years Traffic control systems Signal lights I 15 years Streets Paved 25 years Reference: City Council Resolution No. 2002-185 City of Brooklyn Center March 2006 Page 221 SECTION II GENERAL POLICIES City Council Code of Policies 2.21 Financial Management Policies 1. Purpose The City of Brooklyn Center has a responsibility to its citizens to carefully account for public funds, to manage municipal finances wisely, and to plan the adequate funding of services desired by the public, including the provision and maintenance of public facilities. The City also has the responsibility to its citizens to provide both short-term and long-term future financial stability. The City must ensure that it is capable of adequately funding and providing local government services needed by the community. Further, the financial policies set forth herein, provide the basic framework for the overall fiscal management of the City. Operating independently of changing circumstances and conditions, these policies assist the decision making process of the City Council and Administration. Most of the policies represent long-standing principles, traditions and practices which have guided the City in the past and have helped maintain financial stability over the past years. The financial policies will be reviewed periodically to ascertain if modifications are necessary. 2. Objectives In order to achieve this purpose, this plan has the following objectives for the City's fiscal performance: A. To protect the City Council's policy-making ability by ensuring that important policy decisions are not controlled by financial problems or emergencies and to prevent financial difficulties. B. To provide sound principles to guide the important decisions of the City Council and of management which have significant fiscal impact and to enhance the City Council's policy-making ability by providing accurate information on program costs. C. To set forth operational principles which minimize the cost of local government, to the extent consistent with services desired by the public and which minimize financial risk. D. To employ revenue policies which prevent undue or unbalanced reliance on certain revenues, especially property taxes; which distribute the costs of municipal services fairly; and which provide adequate funds to operate desired program and assist sound management of the city government by providing accurate and timely information on financial conditions. E. To provide essential public facilities and prevent deterioration of the City's public facilities and its capital plant. City of Brooklyn Center March 2006 1'aSe 222 SECTION II GENERAL POLICIES Ciry Council Code ofPolicies F. To protect and enhance the City's credit rating and prevent default on any municipal debts. G. To ensure the legal use and protection of all City funds through a quality system of financial and internal controls. H. The City will maintain a Risk Management Program that will minimize the impact of legal liabilities, natural disasters or other emergencies. 3. Financial Management Policies A. Capital Improvement Budget Policies 1. The City will make all capital improvements in accordance with an adopted Capital Improvement Budget. 2. The City will develop a multi-year plan for capital improvements and update it at least biennially. 3. The City will enact an annual Capital Budget based on the multi-year capital improvement plan. Future capital expenditures necessitated by changes in population, changes in real estate development, or changes in economic base will be calculated and included in Capital Budget proj ections. 4. The City will coordinate development of the Capital Improvement Budget with the development of the operating budget. Future operating costs associated with new capital improvements will be projected and included in operating budget forecasts. 5. The City will use intergovernmental assistance to finance only those capital improvements, which are consistent with the adopted capital improvement plan and City priorities and for which operating and maintenance costs have been included in operating budget forecasts. 6. The City will project its equipment replacement and maintenance needs for the next several years and will update this projection each year. From this projection, a maintenance and replacement schedule will be developed and followed. 7. The City staff will identify the estimated costs and potential funding sources for each capital project proposal before it is submitted to the City Council for approval. 8. The City will determine the least costly financing method over the length of all new projects. Ciry of Brooklyn Center March 2006 Page 223 SECTION II GENERAL POLICIES City Council Code of Policies B. Revenue Policies 1. The City will attempt to maintain a diversified and stable revenue system to shelter it from short-run fluctuations in any one revenue source and to minimize property taxes. 2. The City will estimate its annual revenue by an objective conservative analytical process. 3. The City will project revenues for the next three years and will update this projection annually. Each existing and potential revenue source will be reexamined annually. 4. The City will maintain sound appraisal procedures to keep property values correct. Property will be assessed at the legally mandated market value for each type of property. Reassessments will be made of all property at least every four years. 5. The City will follow an aggressive policy of collecting property tax revenues. The annual level of uncollected property taxes should generally not exceed two percent. 6. Each year the City will recalculate the full costs of activities supported by user fees to identify the impact of inflation and other cost increases. 7. The City staff will recommend revised user fees with review by the City Council on an annual bases, to adjust for the effects of inflation on the City's cost of providing services. 8. The City will set fees and user charges for each Enterprise Fund, such as Water and Sewer, at a level which fully supports the total direct and indirect costs of the activity. Indirect costs include the cost of annual depreciation of capital assets. 9. Whenever user charges and fees are determined to be appropriate for City services, those charges and fees will generally be established at a level which will recover the full cost of providing the service, including administrative costs. C. Debt Policies l. The City will confine long-term borrowing to capital improvements or projects which cannot be financed from current revenues. 2. When the City finances capital projects by issuing bonds, it will pay back the bonds within a period not to exceed the expected useful life of the proj ect. Ciry of Brooklyn Center March 2006 Page 224 SECTION II GENERAL POLICIES City Council Code of Policies 3. On all projects, at least 50% of the principal shall be retired within ten years. 4. The City will attempt to keep the average maturity of General Obligation Bonds at or below 20 years. 5. Total debt service for General Obligation debt will not exceed five percent of total annual locally generated operating revenue in the general, special revenue, and proprietary funds. 6. Total General Obligation debt will not exceed two percent of the market valuation of taxable property. 7. Where possible, the City will use special assessment, revenue or other self-supporting bonds instead of General Obligation Bonds. 8. The City will not incur debt to support current operations. 9. The City will maintain good communications with bond rating agencies regarding its financial condition. The City will follow a policy of full disclosure in every financial report and bond prospectus. 10. Direct net-debt (gross debt less debt fully supported by revenues) per capita shall not exceed $600 per capita. 11. The City will require Minimum Assessment (Taxable Valuation) Agreements on all projects in which the City is providing development assistance through ta�c increment financing or committing its bonding authority. This will ensure minimal cash flow (increment) to repay obligations, provide another level of review before commitment (by the City Assessor), and to the minimal value agreed upon, eliminate tax appeals during the agreement period. D. Reserve Policies 1. The City shall manage its cash flow needs by having a target unreserved and undesignated General Fund balance at the close of each fiscal year equal to between 50 and 52% of the next year's General Fund operating budget. 2. Undesignated General Fund monies that are not required for cash flow purposes may be transferred into other funds as may be appropriate or needed during the fiscal year. It is specifically anticipated that transfers will be made to the Street Reconstruction Fund, Capital Improvements Fund, and the Technology Fund when operating results generate a surplus of actual revenues over actual expenditures to serve as a recurring source of funding for those three funds. City of Brooklyn Center March 2006 Page 225 SECTION II GENERAL POLICIES City Council Code of Policies E. Investment Policies 1. The City will make cash flow analysis of all funds on a regular basis. Disbursement, collection and deposit of all funds will be scheduled to ensure maximum cash availability. 2. When permitted by law, the City will pool cash from several different funds for investment purposes. 3. The City will invest at least 98% of its idle cash on a continuous basis. 4. The City will analyze market conditions and investment securities to determine what yield can be obtained, and attempt to secure the best possible return on all cash investments. 5. The City's accounting system will provide regular information concerning cash position and investment performance. 6. The City will maintain a formal written investment policy which will contain legal and administrative guidelines necessary to ensure that the City's available funds will be invested to the maximum extent possible, at the highest rates obtainable at the time of the investment, consistent with minimizing credit and market risk and which provides proper safeguards for the keeping of the City's investments. F. Accounting, Auditing and Financial Reporting Policies 1. The City will establish and maintain a high standard of accounting practices. 2. The accounting system will maintain records on a basis consistent with accepted standards for local government accounting using a modified accrual basis of accounting for all governmental funds and an accrual basis of accounting for Enterprise and Internal Service Funds. Accounting policies will reflect the principle of charging current taxpayers and/or users for the full cost of providing current services. 3. Regular monthly and annual financial reports will present a summary of financial activity by major types of funds. 4. Where possible, the reporting system will provide monthly information on the total cost of specified services by type of expenditure and, if necessary, by fund. 5. An independent public accounting firm will perform an annual audit and will publicly issue an opinion concerning the City's finances. City of Brooklyn Center March 2006 Page 226 SECTION II GENERAL POLICIES City Council Code of Policies G. Risk Management Policies l. The City will maintain a Risk Management Program that will minimize the impact of legal liabilities, natural disasters or other emergencies through the following activities: a. Loss Prevention. Prevent negative occurrences. b. Loss Control. Reduce or mitigate expenses of a negative occurrence. c. Loss Financing. Provide a means to finance losses. d. Loss Information Management. Collect and analyze relevant data to make prudent loss prevention, loss control and loss financing decisions. 2. The City's Risk Management Program will: a. Analyze all the City's risks. b. Avoid risks whenever possible. c. Reduce risks whenever possible. d. Transfer risks to other entities when possible. e. Of those risks that must be retained, it shall be the City's policy to fund risks which the City can afford and transfer all other risks to insurers. 3. The City will maintain an active Safety Committee comprised of City employees. 4. The City will periodically conduct educational safety and risk avoidance programs, through its Safety Committee and with the participation of its insurers, within its various departments. 5. The Safety Committee will report to the City Manager, at least annually, on the results and costs of the City's Risk Management Program for the preceding year. The City Manager shall report annually to the City Council. H. Operating Budget Policies 1. In accordance with Chapter 7, Section 7.06 of the City Charter, the total sum appropriated in the General Fund annual budget shall be equal to the total estimated General Fund revenue and the allocated General Fund balance. 2. The City will pay for all current expenditures with current revenues. The City will avoid budgetary procedures that balance current expenditures at the expense of ineeting future year's revenues, or rolling over short-term City of Brooklyn Center March 2006 Page 227 SECTION II GENERAL POLICIES Ciry Council Code of Policies debt, or that rely on accumulated fund balances to meet current obligations. 3. The City will annually appropriate a contingency appropriation in the General Fund budget, not to exceed five percent of the total budget, to provide for unanticipated expenditure of a non-recurring nature. 4. The City Manager, when submitting the Proposed Budget to the City Council, shall submit a balanced budget in which appropriations shall not exceed the total of the estimated General Fund revenue and the fund balance available after applying the Adequate General Fund Balance Formula. 5. Prior to adopting the General Fund Annual Budget, the City Council shall review the Adequate General Fund Balance Policy Formula. 6. In the event that there is a shortfall of revenues in a current year budget, the City Manager may recommend the use of a portion of the General Fund balance not to exceed the amount available after deducting amounts reserved for items not readily convertible to cash or reserved for working capital or already appropriated to the General Fund current budget as shown on he most recent Adequate General Fund Balance Policy Formula as established by the City Council. 7. The budget will provide for adequate maintenance of the capital plant and equipment, and for their orderly replacement. 8. The budget will provide for adequate funding of all retirement systems. 9. The City will maintain a budgetary control system to assist in adhering to the budget. 10. The City administration will prepare regular monthly reports comparing actual revenues and expenditures to the budgeted amount. 11. Each year the City will update expenditure projections for its Enterprise Funds for the next three years. Projections will include estimated operating costs of future capital improvements included in the Capital Budget. 12. The eratin Bud et will describe the major goals to be achieved, and g g the services and programs to be delivered for the level of funding provided. 13. Where possible, the City will integrate performance measurement and productivity indicators with the budget. City of Brooklyn Center March 2006 Page 228 SECTION II GENERAL POLICIES City Council Code of Policies 14. Enterprise funds shall be budgeted to have positive net income plus a sufficient margin to provide for replacement cost of property, plant, and equipment. I. Ethics Policy The City will maintain, and periodically review, a formal written ethics policy for all City employees and elected officials. J. Role of Auditors The City's independent auditors shall be required, in the course of their audit, in the form of their management letter, to report any conditions that appear to be violations of our financial management policy. Reference: City Council Resolution Nos. 2004-189; 99-21; 98-48; City Council Minutes 5/22/95; 6/8/92; 2/26/90; 12/22/80 City of Brooklyn Center March 2006 Page 229 SECTION II GENERAL POLICIES Ciry Council Corle of Policies 2.22 Investment Policy 1. Scope This investment policy applies to all of the investment activities of the City, except for the Employee Deferred Compensation Agency Fund and the proceeds of refunding bond 'ssues where the investment of such roceeds is s ecifically governed by the bond escrow i p P agreement. 2. Objective A. Safety Safety and principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. 1. Credit Risk Credit risk is the risk of loss due to failure of the security issuer or backer. Credit risk may be mitigated by: a. Limiting investments to the safest types of securities; and b. Pre-qualifying the financial institution, broker/dealer, intermediaries, and advisors with which an entity will do business; and c. Diversifying the investment portfolio so that potential losses on individual securities will be minimized. 2. Interest Rate Risk Interest rate risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rate. Interest rate risk may be mitigated by: a. Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; and b. By investing operating funds primarily in shorter-term securities. City of Brooklyn Center March 2006 Page 230 SECTION II GENERAL POLICIES City Council Code of Policies B. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands. Furthermore, since all possible cash demands cannot be anticipated, the portfolio should contain a large component of securities with active secondary or resale markets. C. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described 'es in 'sk securiti above. The core of investments are hmrted to relatively low n anticipation of earning a fair return relative to the risk being assumed. Securities shall be held to maturity with the following exceptions: 1. Liquidity needs of the portfolio require that the security be sold. 2: A security of declining credit could be sold early to minimize loss of principaL D. Stable Earnings Since investment earnings are included in the budgeted revenues of the City, it is important that these earnings be stable and predictable through at least the next budget cycle. This points to the need to purchase securities of various maturities so that at least half of the portfolio will remain for two or more years with known interestrates. 3. Standards of Care A. Prudence The standard of prudence to be used by investment officials shall be the prudent person standard and shall be applied in the context of managing an overall portfolio. Investment officials acting in accordance with this policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the purchase and sale of securities are carried out in accordance with the terms of the policy. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, City of Brooklyn Center March 2006 Page 231 SECTION II GENERAL POLICIES City Council Code of Policies considering the probable safety of their capital as well as the probable income to be derived. B. Ethics and Conflicts of Interest Officials involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Officials shall refrain from undertaking personal investment transactions with the same individual with whom business in conducted on behalf of the City. C. Delegation of Authority Authority to manage the investment program is derived from Minnesota State Statutes, Chapter 118A and Brooklyn Center City Charter Chapter 6, Section 6.04 and is granted to the City Manager, City Treasurer, and Assistant City Treasurer. Responsibility for the aperation of the investment program may be delegated by the City Manager to the City Treasurer, who shall carry out the program consistent with this policy. No person may engage in any investment transaction except as provided under the terms of this policy. The City Treasurer shall be responsible to the City Manager for all transactions undertaken and shall establish a system of controls to regulate the execution of all investment transactions. D. Training ent officials the Cit shall provide the To ensure the competence of its mvestm Y opportunity for the officials to attend such investment training programs as are available and suitable. 4. Safekeeping and Custody A. Authorized Financial Dealers and Institutions A resolution shall be submitted to the City Council at least annually to designate depositories of City funds. This shall include institutions and dealers/brokers where accounts are maintained for banking services, purchase and sale of investment securities, and the custody of securities. The City Treasurer shall provide to each broker or institution a written statement of investment restrictions which shall include a provision that all future investments are to be made in accordance with Minnesota Statutes governing the investment of public funds, prior to completing an initial transaction, and annually thereafter. City of Brooklyn Center March 2006 Page 232 SECTION II GENERAL POLICIES City Council Code of Policies An annual review of the depositories shall be conducted by the City Treasurer. Requests for Proposals for banking services and custodian for investment securities shall be conducted on a periodic basis as defined in the Policy and Procedure on Requests for Proposals for Financial Professional Services. B. Internal Controls The City Treasurer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft, or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that the cost of a control should not exceed the benefits likely to be derived and the valuation of costs and benefits requires estimates and judgments by management. Internal controls shall include the following: 1. Control of Collusion. Collusion is a situation where two or more employees are working in conjunction to defraud their employer. 2. Custodial safekeenin�. Securities purchased from any bank or dealer shall be placed with an independent rhird party for custodial safekeeping or held in an account with the Federal Reserve Bank of Minneapolis. 3. Avoidance of nhvsical deliverv securities. Book entry securities are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physical delivered securities. 4. Clear delegation of authorit� to subordinate staff inembers. Officials must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure. 5. Written confirmation of telephone transactions for investments and wire, transfers. Due to the potential for errors and improprieties arising from telephone transactions, all transactions should be supported by written communications and approved by the appropriate official. Written communications may be via fax on letterhead. Institutions and brokers/dealers shall be provided with a list of authorized signers. 6. Develonment of a wire transfer a�reement with institutions and brokers/dealers. This agreement should outline the various controls, security provisions, and delineate responsibilities of each party making and receiving wire transfers. City ofBrooklyn Center March 2006 Page 233 SECTION II GENERAL POLICIES City Council Code of Policies 7. Independent Audit. The City's independent auditors shall conduct a thorough review of the City's investment portfolio and transactions as part of their engagement. C. Delivery Verses Payment All trades where applicable will be executed by delivery verses payment (DVP). This ensures that securities are deposited in the eligible financial institution prior to the release of funds. Securities will be held by a third party custodian. 5. Suitable and Authorized Investments A. Investment Types Consistent with Minnesota Statutes Chapter 118A, the following investments will be permitted by this policy: l. Securities that are the direct obligations or are guaranteed or insured issues of the United States, its agencies, its instrumentalities, or organizations created by an act of Congress; including governmental bills, notes, bonds, and other securities. 2. Commercial paper issued by U.S. corporations or their Canadian subsidiaries that is rated in the highest quality by at least two nationally recognized rating agencies and matures in 270 days or less. 3. Time deposits that are fully insured by the Federal Deposit Insurance Corporation or bankers acceptances of U.S. banks. 4. Repurchase agreements and reverse repurchase agreements may be entered into with financial institutions identified by Minnesota Statutes Chapter 118A. 5. Securities lending agreements may be entered into with financial institutions identified by Minnesota Statutes Chapter 118A. 6. Minnesota joint powers investment trusts may be entered into with trusts identified by Minnesota Statutes Chapter 118A. 7. Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolios consist only of short term securities permitted by Minnesota Statutes Chapter 118A. 8. Bonds of the City of Brooklyn Center issued in prior years, may be redeemed at current market price, which may include a premium, prior to maturity using surplus funds of the debt service fund set up for that issue. City of Brooklyn Center March 2006 Page 234 SECTION II GENERAL POLICIES City Council Code of Policies Such repurchased bonds shall be canceled and removed form the obligation of the fund. B. Securities Not Purchased Derivative securities, which obtain their value by the calculation of some portion of the value of another security, shall not be purchased. Mortgage backed securities, even if insured by a Federal Agency, shall not be purchased. Securities, which represent the principal or interest payments stripped off from an original issue security, shall not be purchased. C. Collateralization To the extent that deposits in bank accounts, certificates of deposit, and repurchase agreements exceed the available federal deposit insurance, collateral shall be furnished by the financial institution in accordance with Minnesota Statutes Chapter 118A. D. Maximum Maturities When purchasing investments, the Treasurer will attempt to match the maturity to future cash flow requirements. The City will not invest in securities maturing more than ten years from the date of purchase. No more than ten percent of the City's portfolio at any time shall be invested in securities with maturities of more than five years. 6. Reporting A. The City Treasurer shall prepare a monthly investment report to the City Manager which shall include a succinct management summary; a list of significant transactions such as purchases, sales, and maturities of investments; a list of investments by type, a list of investments by maturity, a calculation of average yield on the portfolio, and a statement of interest earned. This report will be prepared in a manner which will allow the City Manager to ascertain whether investment activities during the month have conformed to the investment policy. B. A statement of the market value of the portfolio shall be issued at least annually. This will review the investment portfolio in terms of value and subsequent price volatility. Reference: City Council Resolution Nos. 97-60; 90-105 City of Brooklyn Center March 2006 Page 235 SECTION II GENERAL POLICIES City Council Code of Policies UTILITY POLICIES 2.30 Policy for Public Utility Account Collections 1. Purpose The purpose of this policy is to provide an orderly and reasonable method for the collection of accounts of the various utilities operated by the City of Brooklyn Center and any which may be added in the future. This policy is intended to follow with the provisions of Minnesota State Law, Brooklyn Center City Charter, and City Ordinance. Utilities currently operated by the City of Brooklyn Center and the corresponding ordinances are as follows: Water, Sanitary Sewer, Storm Drainage, and Street Light Service District, Chapter 4; and Recycling, Chapter 7. 2. Policy In keeping with Minnesota State Law, all municipal utility services shall be considered to be services to the property, not to the person. All residential utility services shall be billed to the owner of the property, not to the tenant. Commercial and industrial properties may be billed to either the owner or the tenant. Utility services shall be billed to the appropriate party by the Finance Department according to the rate schedule adopted annually by resolution by the City Council. Utility accounts shall become due immediately following billing and must be paid by the due date printed on the bill. Special assessment against the benefited property of any delinquent unpaid accounts shall be considered as the primary means of collection. Shutting off of water service to the benefited property shall be an alternate means of collection in any situation where special assessment isn't possible or practical and for situations where the customer has failed to provide a water meter reading for more than four quarters. Any City utility service for which a rate schedule is established by resolution is eligible for collection by means of either special assessment or water shut off. 3. Procedure A. Normal Billing and Collection l. A meter card is mailed to each residential property 28 days prior to the billing date. Readings must be submitted to the Finance Department by the date printed on the meter card. Penalties for failure to submit a meter reading will be charged on the date of billing as defined by the rate schedule. Customers who fail to submit a meter reading card for four quarters will be required to submit a meter reading or face the shut off of water service. 2. A public utility bill is due 28 days from the date of billing. City of Brooklyn Center March 2006 Page 236 SECTION II GENERAL POLICIES City Council Code of Policies 3. The late payment penalty as defined in the rate schedule shall be applied five working days after the due date. 4. A delinquent billing is generated for each account unpaid after 35 days from the date of billing. Customers have 21 days to pay this delinquent bill. B. Delinquent Accounts 1. Delinquent accounts shall be pended as a special assessment. 2. Rental property (Commercial or Industrial) a. If delinquency not incurred by current tenant, 1. obtain a meter reading and date of change of occupancy, and calculate final bill for previous tenant. 2. if a forwarding address is available for the previous tenant, send a final bill. Send an informational copy to the property owner. 3. if no address is available, notify property owner of delinquent final bill. 4. if not paid in 28 days, the unpaid amount shall be certified as a special assessment. b. If delinquency incurred by current tenant, follow normal procedures for delinquent bills and certification by special assessment to the property t�. C. Final Bills l. All final bills unpaid after 28 days shall be pended as a special assessment. For residential properties undergoing sale to new owners, where a utility bill exists which had not been pended to the assessment rolls prior to the date of closing on the sale to the new owner, the unpaid balance of the old owner shall not be applied to the account of the new owner. 2. Rental Property (Commercial and Industrial) a. All final bills unpaid after 28 days shall be billed to the property owner, due in 28 days after the date of the billing. b. If not paid in 28 days, the unpaid amount shall be certified as a special assessment. City of Brooklyn Center March 2006 Page 237 I SECTION II GENERA.L POLICIES Ciry Council Code of Policies 3. Other Property a. After 28 days unpaid, the bill shall be pended as a special assessment, and a letter of explanation sent to the new property owner. b. Two or more attempts 28 days apart shall be made to collect from the previous property owner. If unpaid, the bill shall be certified as a special assessment. D. Returned Checks Checks which are returned to the City for non-sufficient funds, account closed, or otherwise not honored by the bank shall be charged the maximum service fee allowed by Minnesota Statutes. 4. Special Assessments For accounts that remain uncollected after performance of the normal billing and collection rocedure, s ecial assessment against the property s hall be considered as a P P primary means of collection. A. The annual City Council resolution adopting the utility rate schedule shall establish the number of assessment cycles per year and a schedule for public hearings to be held at City Council meetings for the purpose of adopting a certification roll of delinquent utility accounts for special assessment. At least one certification cycle will be timed each year to coincide with Hennepin County's requirements for certification to the following year's taxes. Additional certification cycles may be set in the annual resolution. B. A certification cut-off date shall be established at which time all accounts which have been billed a delinquent bill and the account is unpaid as of the due date on the delinquent bill, shall have the balance on the account included in the preliminary special assessment certification roll. C. A notice of public hearing will be published in the City's official newspaper at least two weeks prior to the public hearing. A notice of public hearing and a copy of the proposed special assessment roll will be sent by first class mail to each affected property owner at least two weeks prior to the public hearing. D. The owner of the properly shall have the option of paying the balance due on the account until the date the notice of public hearing is mailed. After the date the notice of public hearing is mailed, payments will still be accepted, but will include the certification charge. City of Brooklyn Center March 2006 Page 238 SECTION II GENERAL POLICIES City Council Code of Policies E. The public hearing will be held at a City Council meeting at which the property owner shall have the opportunity to object to the special assessment. F. After the public heaxing, for each special assessment sustained by the City Council, the property owner shall have the option: 1. To prepay the special assessment and the special assessment certification charge listed on the preliminary roll, but without additional interest after the public hearing, within 30 days of the public hearing date. 2. To prepay the special assessment and the special assessment certification charge after 30 days of the public hearing date, but before the county certification deadline, with interest at the rate set in the adopted rate schedule, accrued beginning on the 31 st day following the public hearing date through the date of payment. 3. To pay the special assessment as billed to them by Hennepin County on their property tax statement with an assessment term of one year. G. After the 31 st day following the public hearing, the certified roll, minus any prepayments, shall be delivered to Hennepin County. i 5. Water Shut Offs The City reserves the right to shut off water service to properties in situations where special assessment isn't practical or possible. Brooklyn Center Ordinance 4-202 provides that water service may upon reasonable notice be discontinued for nonpayment of individual accounts or for disregard of duly established rules and regulations pertaining to the operations of the water distribution system. The following is the procedure to be followed when it is necessary to discontinue water service to any customer. Appropriate procedures for various circumstances of a water shut-off shall be as follows: A. For public utility accounts in arrears, or when a closing bill is more than 30 days overdue; for non-payment of the account by a property which is tax exempt and doesn't pay property taxes; or for non-payment of the account by a property which is in another city and that city doesn't cooperate with a request to special assess the delinquent account: l. A"Final Notice" letter is sent to each delinquent account unpaid 56 days after the date of billing. This notice informs customers that they have 11 days to select one of the following three options for handling their account. a. Deliver payment in full to the City. Ci o Brookl n Center March 2006 Page 239 h' .f Y SECTION II GENERAL POLICIES City Council Code of Policies b. Sign and return a payment agreement to the City. A minimum acceptable agreement includes a partial payment of at least 1/4 of the total amount due paid within 14 days, and the full payment within 30 days of the date of the final notice. If that payment agreement is not met, the property will be red tagged. c. Provide a written letter to the City requesting an administrative hearing before the City Council at their next regularly scheduled meeting. At this meeting, the customer must show cause as to why the City Council should remove their name and account from the list of accounts far which service is to be discontinued. The City Council may either sustain the requirement for payment, modify the required terms of payxnent, or order staff to take such actions as it deems are necessary. If no written request is received, it is assumed the customer waives the right to a hearing. 2. On the 70th day, a"red tag" is delivered to properties where the account remains unpaid, a payment agreement has not been made or isn't being adhered to, and where no request for a hearing has been made. This notice informs customers that payrnent is due within five days or water will be immediately shut off. 3. Once service has been shut off for non-payment, the entire balance due and a restoration of service fee must be paid prior to service being turned on. The restoration of service fees will be established in the adopted rate schedule and will include a fee for restoration during normal business hours and a higher fee for restoration when workers must be called back on overtime. B. For a customer who short-circuits the special assessment process by paying the balance on the account with a check, then the check is returned to the City for non-sufficient funds or account closed after a critical step in the assessment process has been missed: l. A"Final Notice" letter is sent to each delinquent account immediately upon receipt of the returned check from the bank. The established fee for processing a returned check shall be added to the account. This notice informs customers that they have 11 days to select one of the following three options for handling their account. a. Deliver payment in full of the total amount which was to be assessed plus the fee for a returned check to the City. b. Sign and return a payment agreement to the City. A minimum acceptable agreement includes a partial payment of at least 1/4 of the total amount which was to be assessed plus the fee for a returned check, paid within 14 days, and full payment within 30 City of Brooklyn Center March 2006 Page 240 SECTION II GENERAL POLICIES City Council Code of Policies days of the date of the final notice. If that payment agreement is not met, the property will be red tagged. c. Provide a written letter to the City requesting an administrative hearing before the City Council at their next regularly scheduled meeting. At this meeting, the customer must show cause as to why the City Council should remove their name and account from the list of accounts for which service is to be discontinued. The City Council may either sustain the requirement for payment, modify the required terms of payment, or order staff to take such actions as it deems are necessary. If no written request is received, it is assumed the customer waives the right to a hearing. 2. Two weeks after the date of the Final Notice letter, a"red tag" is delivered to properties where the account remains unpaid, a payment agreement has not been made or isn't being adhered to, and where no request for a hearing has been made. This notice informs customers that payment is due within five days or water will be immediately shut off. 3. Once service has been shut off for non-payment, the entire balance due and a restoration of service fee must be paid prior to service being turned on. The restoration of service fees will be established in the adopted rate schedule and will include a fee for restoration during normal business hours and a higher fee for restoration when workers must be called back on overtime. C. For a customer who refuses to submit a meter reading for four quarters or refuses to allow the City access to a property for maintenance of a meter as provided in City Ordinances, Chapter 4, Section 201, Subdivision 6. l. After the City has contacted the owner through normal business channels and the owner has refused to provide a meter reading or allow access to a property for required maintenance, a"Final Notice" letter is sent to the owner and to the service address, if different. This notice reproduces the legal authority establishing the City's need for access, describes the work to be performed, and informs customers that they have two weeks to make arrangements with the City to afford access to the property. 2. Two weeks after the date of the Final Notice letter, a"red tag" is delivered to properties where the meter reading or access have been denied. This notice informs customers that access is required within five days or water will be immediately shut off. 3. Once service has been shut off for denial of a meter reading or access, the meter reading or access must be allowed and a restoration of service fee must be paid prior to service being turned on. The restoration of service fees will be established in the adopted rate schedule and will include a fee City of Brooklyn Center March 2006 Page 241 SECTION II GENERAL POLICIES City Council Code of Policies for restoration during normal business adopted rate schedule and will include a fee for restoration during normal business hours and a higher fee for restoration when workers must be called back on overtime. D. For a property owner making a request for the City to shut off water service: 1. The property owner must complete and sign a City form requesting and authorizing the shut-off or an equivalent letter. Billing for water, sanitary sewer, and recycling services will be suspended during periods of at least one month while water is shut off. Billing for storm drainage and street light service district will continue. 2. Once service has been shut off at the owner's request, a restoration of service fee must be paid prior to service being turned on. The restaration of service fees will be established in the adopted rate schedule and will include a fee for restoration during normal business hours and a higher fee for restoration when workers must be called back on overtime. E. Cold Weather Rule The City of Brooklyn Center will not shut off water service between October 15 and April 15 if the shut off would affect the primary heat source of a customer. Customers must contact the utility billing staff and explain how the cold weather rule applies to them. Reference: City Council Resolution Nos. 2000-55; 98-180; 97-86; 96-212; 93-13 City of Brooklyn Center March 2006 Page 242 SECTION II GENERAL POLICIES City Council Code of Policies 2.31 Policy Regarding the Sanitary Sewer Rate for the Elderly The City Council finds it in the best interest of the City to establish a sanitary sewer rate for the elderly as follows: 1. The rate is available to properties being billed residential sanitary sewer rates and where the head of household or spouse has attained the age of 62 years or older and a maximum of 2 persons permanently reside there. 2. The maximum of 2 persons in the residence may be exceeded by any additional persons who are at least 62 years of age or who are disabled. 3. Residents of owner-occupied homes applying for this program shall complete an application provided by the City once when entering the program and agree to notify the City of any changes in their household which might change their eligibility for the program. 4. Landlords of rental properties may apply for this program on behalf of their senior renters by annually completing an application provided by the City, agreeing that the benefit of the reduced rate shall flow through to the renter, and agreeing to notify the City of any changes in the rental of the property or the renter's household which might change their eligibility for the program. 5. Falsification of information submitted on the application or failure to notify the City of changes in eligibility shall constitute a violation of Chapter 4 of the City Ordinances and may be prosecuted according to Section 4-501 of Chapter 4 of the City Ordinances. 6. The sanitary sewer rate for the elderly shall be equal to 55% of the rate established annually for single-family homes. Reference: City Council Resolution Nos. 97-215; 86-155; 83-124 Ciry of Brooklyn Center March 2006 Page 243 SECTION II GENERAL POLICIES City Council Code of Policies 2.32 Water Utility Meter Reading Policy Brooklyn Center Ordinance 4-105 requires that all water utility customers read their meters and provide those readings to the Utilities Division. Section 4-202 sates that water service may be discontinued to any property for disregard of duly established rules and regulations. The following is the policy regarding meter reading: 1. Residential Properties: A meter reading is due 18 days after the date of mailing meter reading cards. 2. Non-Residential Properties: Public Utilities Division employees read non-residential property meters each quarter. 3. If a meter reading is not provided and the meter reading must be estimated, then a delinquent meter reading penalty shall be assessed to the customer on the next utility bill. Meter reading penalties axe established annually with the utilities rate schedules. 4. Residential Properties: If after four consecutive quarters the customer has not submitted a meter reading, the Public Utilities Division shall notify the customer that they have 14 days to schedule an appointment for meter reading. Such notice shall also inform the customer that they have a right to demand a public hearing at the next regularly schedule Council meeting to show cause as to why their water should not be shut off. The demand must be made in writing to the City Clerk within 10 days. If no written demand is received within that time period, then it is assumed the customer waives the right to a hearing. 5. Non-Residential Properties: If after two consecutive quarters the Public Utilities Division has not been able to read a meter, the customer shall be notified that they have 14 days to schedule an appointment for meter reading. Such notice shall also inform the customer that they have a right to demand a public hearing at the next regularly scheduled Council meeting to show cause as to why their water should not be shut off. The demand must be made in writing to the City Clerk within 10 days. If no written demand is received within that time period, then it is assumed the customer waives the right to a hearing. 6. The City Council may at an administrative hearing at a regularly scheduled meeting consider the shut off of water to a property and order staff to take such actions as it deems are necessary. 7. If by the end of the 14-day period the customer refuses to schedule an appointment or if the Public Utilities Division is unable to otherwise gain access to the building or obtain a reading, and if the customer has not demanded a public hearing, then the water shall be turned off immediately. Reference: City Council Resolution No. 93-63 City of Brooklyn Center March 2006 Page 244 SECTION II GENERAL POLICIES City Council Code ofPolicies BUDGET POLICIES 2.40 Guidelines for Funding of Social Services Social service funding will be divided into categories as follows: 1. Joint Powers Agreements. Services which the City is required to or otherwise would provide itself and has chose to enter into joint powers agreements with other governmental units to provide those services. Increased costs of providing these services over time are to be anticipated in the budget process based on allocation of costs to the City under the joint powers agreements. Guideline: The services will be funded and included in the budget. The City Council will review these services in February of even-numbered years to determine if the delivery mechanism through joint powers is appropriate and effective. Unless the Council directs notice of intent to leave the joint powers agreement by March of any given year, the budget will include participation for the following year. 2. Services Dependent on City Funding. General services that the City could provide itself and has chose to contract for its provision by another entity, where the provision of the service in Brooklyn Center is dependent on the City's provision of financial support at a given level. Increased costs of providing these services over time are to be anticipated in the budget process based on allocation of costs to provide the service in the City. Guideline: The services will be funded and included in the bud et at a level necessary g for the provision of the service. The City Council will review these services in February of each year to determine if the delivery mechanism through contract is appropriate and effective. Unless the Council directs notice of intent to terminate contractual provision of services by March of any given year, the budget will include participation for the following year. 3. Services Aided by City Funding. General services that the City could provide itself and has chosen to contract for its provision by another entity and the provision of service in Brooklyn Center would be aided by City financial support, but is not dependent on City financial support. Guideline: Based on a timely application for funding, the City Council will consider the following factors in determining funding in this category and allocate funding up to a total amount determined by the City Council service is unique in the City: that is, there is a rationale for funding the organization's service provision, as opposed to funding one organization out of a group of similar organizations without an objective basis for differentiating between the organizations City of Brooklyn Center March 2006 Page 245 SECTION II GENERAL POLICIES City Council Code ofPolicies request meets an important community need service does not duplicate other services offered in the community number of residents served or benefit to community is high in relation to the amount requested/provided from/by City program requires City support to provide level of service use of volunteers is reasonable and cost effective other funding sources have been explored/used budget request is reasonable in light of organization's overall budget administrative costs and program service costs are in reasonable balance Reference: City Council Minutes 3/14/94; City Council Resolution Nos. 98-66; 99-186 City of Brooklyn Center March 2006 Page 246 SECTION II GENERAL POLICIES City Council Code of Policies 2.41 Capital Improvements Fund and Infrastructure Construction Fund Expenditure Policy 1. Policy Objective The City of Brooklyn Center makes large unrestricted capital expenditures through one of two funds. Generally, small capital expenditures are funded through the general fund and planned for as part of the annual budget process for the general fund. Large unrestricted capital expenditures for municipal buildings and park improvements are funded through the capital improvements fund based on City Council Resolution No. 68-246, which was approved in 1968. Large unrestricted capital expenditures for street and utility improvement projects are funded through the infrastructure construction fund. Capital expenditures are also made through other funds such as the M.S.A. construction fund, the street construction fund, the water utility fund, the sanitary sewer utility fund, and the storm drainage utility fund. These funds each have restrictions in place to guide their expenditures. The objective of this policy is to clarify funding for all unrestricted capital expenditures by specifically defining which capital expenditures are eligible for funding through the capital improvements fund and infrastructure construction fund. Unrestricted capital expenditures not meeting the criteria for the capital improvements fund must be made from the general fund operating budget. Specifically excluded from this policy are capital expenditures that are to be reimbursed by insurance proceeds. These may be accounted for through the capital improvements fund at the discretion of the Director of Finance. Z. Source of Funds The sources are ad-valorem ta�ces, issuance of bonds, state and federal grants, transfers of unrestricted balances from other funds, and investment earnings. 3. Use of Funds The infrastructure construction fund may be used, pursuant to this policy, for expenditures on infrastructure improvements and similar projects having an aggregate value in excess of $50,000. The types of expenditures contemplated by this policy include projects such as: street repair, replacement, and construction bridge rehabilitation and construction water, sanitary sewer, storm drainage, and street light utility improvements The capital improvements fund may be used, pursuant to this policy, for expenditures on capital equipment, infrastructure improvements and construction, and similar projects having an aggregate value in excess of $50,000. The types of expenditures contemplated by this policy include proj ects such as: City ofBrooklyn Center March 2006 1'age 24� I� SECTION II GENERAL POLICIES City Council Code of Policies building construction, repair, reconstruction, and remodeling, including component systems for heating, ventilation, and air conditioning equipment and furnishings, including furniture, lights, and communications cabling park landscaping, shelter, and improvements computer, radio, and telephone systems The expenditures from the capital improvements fund and infrastructure construction fund are to be used for general governmental capital needs and not for enterprise fund capital needs, except as the general governmental portion of a joint project for both general and enterprise purposes. Additionally, the capital improvements fund may be used to provide loans to other funds maintained by the City. However, loans from the capital improvement fund may only be made to proprietary funds which have the ability to generate revenue and repay the loan within 10 years at prevailing interest rates. 4. Authority to Spend Expenditures meeting the above criteria may be funded through the capital improvements fund based on the following authority limits: 1. Expenditures from $0 to $50,000: Not eligible for funding from the capital improvements fund. Funding is required through the general fund operating budget. 2. Expenditures from $50,001 to $300,000: The City Council may, through simple majority, approve these expenditures. 3. Expenditures over $300,001: Following a public hearing, the City Council may, through a 4/Sths majority, approve expenditures in this category. 5. Spending Limitation/Fund Balance Requirement The objective as described above and previously defined in City Council Resolution No. 68-246 requires the capital improvements fund and infrastructure construction fund to be a permanent source of funding for planned major expenditures. As such, the following criteria is established to comply with that intent: 1. Planned Expenditures: If the proposed capital expenditure is in excess of $300,000, it must have been included in the five-yeax Capital Improvement Program for at least two years. 2. Additionally, the five-year Capital Improvements Program must be approved by the City Council at a public hearing on an annual basis. City of Brooklyn Center March 2006 Page 248 SECTION II GENERAL POLICIES City Council Code of Policies 6. Role of the Financial Commission If a review of an expenditure is requested by the City Council from the Financial Commission, the Financial Commission will respond on the basis of the following questions: 1. Does the expenditure comply with the Capital Improvements Fund Expenditure Policy? 2. Is the expenditure appropriate considering the financial condition of the City? Reference: Administrative; City Council Resolution No. 97-84; City Council Minutes 1/10/94 City ofBrooklyn Center March 2006 Page 249 SECTION II GENERAL POLICIES City Council Code of Policies 2.42 Capital Reserve Fund Policy 1. Policy Objective The objective of this policy is to provide funds to meet emergency needs for capital expenditures that may arise from time to time. While the City carries property and casualty insurance, the City may need additional funds beyond insurance proceeds in the event of natural or other disaster impacting its buildings and their contents, as well as other improvements to real property. Also, unanticipated failure of buildings or improvements to buildings may require immediate expenditure of funds for repair or replacement that are not covered by insurance. The funds placed in the Capital Expenditure Reserve Fund are not to be considered a source for planned or recurring capital needs, but only to deal with emergency needs as described due to damage, loss, or failure of existing buildings and other improvements to real property. 2. Use of Funds Funds may be expended from the Capital Expenditure Reserve Fund for the repair or replacement of buildings or other improvements to real property and their contents where the repair or replacement is necessitated by damage to such buildings or other improvements to real property and their contents due to: 1. natural disaster such as a tornado, storm, flood, earthquake, or fire 2. fire, vandalism, terrorism, explosion, building or component collapse 3. Authority to Spend Expenditures meeting the criteria for the use of funds may be funded through the Capital Expenditure Reserve Fund upon Resolution of the City Council finding that the criteria for expenditure have been met and that the use of funds would not otherwise be covered by insurance proceeds, except that the City Council may authorize the use of Capital Expenditure Reserve Funds in anticipation of the receipt of insurance proceeds providing that such funds used in anticipation of insurance proceeds are repaid to the Capital Expenditure Reserve Fund from such insurance proceeds. City of Brooklyn Center March 2006 Page 250 SECTION II GENERAL POLICIES City Council Code of Policies 4. Fund Balance The Capital Expenditure Reserve Fund shall be established at $1,000,000. Such fund balance shall increase each year by the interest earned on the fund balance. In the event that the fund would drop below $1,000,000, the City Manager shall prepare a plan for restoring the balance to $1,000,000. The fund balance target should reflect an analysis of the City's uninsured exposure to the losses identified in this policy. Such plan, as well as whether the balance should be made higher or lower, shall be reviewed by the Financial Commission and City Council. The plan adopted by the City Council shall be included in the budgetary process if the fund's balance is not restored by transfer of existing funds from another fund, such as the Capital Improvement Fund. Reference: City Council Resolution No. 97-84 Ciry of Brooklyn Center March 2006 Page 251 SECTION II GENERAL POLICIES City Council Corle of Policies PURCHASING/DISPOSAL OF PROPERTY POLICIES 2.50 City Purchasing Policy The policy of the City of Brooklyn Center shall be to follow the Uniform Municipal Contracting Law set forth in Minnesota Statutes Section 471.345 as the same may be amended or renumbered from time to time. The City Manager shall be the chief purchasing agent for the City; all purchases for the City and all contracts shall be made or let by the City Manager for which State Law does not require solicitation of bids. The City Manager shall establish an administrative purchasing policy to implement the provisions of the Uniform Municipal Contracting Law. Reference: City Council Resolution Nos. 96-106; 83-172; 81-43; City Council Minutes 8/12/91 City ofBrooklyn Center March 2006 Page 252 Ci Council A enda Item No. l0e �Y g i City of Brooklyn Center A Millennium Community MEMORANDUM DATE: March 22, 2006 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works Ti�� SUBJECT: Resolution Authorizing Submission of Projects to the Shingle Creek and West Mississippi Watershed Management Commissions 2007-2009 Capital Improvement Program The Shingle Creek and West Mississippi Watershed Management Commissions recently issued a Request for Proposals to member cities for the purpose of collecting a list of projects to be considered for inclusion in the Watershed Commission's proposed 2007-2009 Capital Improvement Program. A copy of the request for proposals is attached to this memorandum. Staff recommends that the City of Brooklyn Center submit two projects for consideration in response to the request for proposals. If these projects are accepted, partial funding from the watershed commission may be available to offset a portion of the City's costs for design and construction. A brief description of the two projects is provided below. Twin Lake Water Quality Improvements Wetland 639W The 2003 Twin Lakes Diagnostic Study and Feasibility Report investigated several options for reducing nutrient loading to Twin Lake for the purposes of improving the long term water quality of the lake. One primary focus of the study was to determine the extent of phosphorus being discharged into Twin Lakes from Wetland 639W located adjacent to Crystal Airport. The study concluded that this wetland contributes a substantial amount of phosphorus to the lake. Recent studies have noted that this problem could be mitigated by modifying the flow characteristics of the wetland to reduce the amount of phosphorus and other nutrients from being released downstream into Twin Lake. Alternatives for correcting the nutrient discharge problem associated with the wetland include: diversion of stormwater around the wetland; installation of alum ferric chloride treatment; alum treatment of the wetland; and dechannelization of the wetland complex. A feasibility study should be conducted to determine the most cost effective method of mitigating nutrient problem within the wetland before proceeding with final planning and design of a potential project. The preliminary project cost estimate is $690,000. Shingle Creek Stream Bank Stabilization and Restoration The Shingle Creek Watershed Management Commission recently completed a report titled the Shingle Creek Corridor Study. This study evaluated the condition of several segments of Shingle Creek extending through Brooklyn Center and Brooklyn Park. The report provides recommended improvements to the stream corridor to improve stream bank stability, riparian vegetation and biological integrity of creek system. 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 The report provides specific recommendations for improvements along the stream corridor, including the portion of Shingle Creek extending from County Road 10 to Interstate 94/694 in Brooklyn Center. These improvements ulclude stream bank stabilization near Upton Avenue, establishment of vegetated buffer zones, restoration of native aquatic vegetation within riparian areas adjacent to the creek and changes in stream substrate (material along the bottom of the channel). A feasibility study should be conducted to determine appropriate restoration measures that will improve the creek integrity and address TMDL requirements for this portion of Shingle Creek. The preliminary project cost estimate is $430,000. If authorized by the City Council, the application materials submitted to the Watershed Commission will include conditions related to the management and administration of the projects. The applications will propose that the planning, design and construction of the projects be directly managed by the City of Brooklyn Center, in the case of the proposed improvements to Shingle Creek, or a City Engineer from one of the participating communities in the case of the proposed improvement to the Twin Lake wetland area. Attached for consideration is a City Council resolution authorizing staff to submit the above described projects to the Shingle Creek and West Mississippi Watershed Management Commissions for review and consideration. Shin ��reek f ei�r'fc)�t�°d r.nt<�;,h;n.(a f t C%.hr Ssr't�'n �c...._ y __�,y� 3235 Fernbrook Lane N• Plymouth, MN 55447 Phone (763) 553-1 144 Fax (763) 553-9326 www. shinglecreek. org March 20, 2006 City Managers Public Works Directors/City Engineers Enclosed please find a Request for Proposals for projects to be included in the proposed Shingle Creek and West Mississippi Watershed Management Commissions' 2007-2009 Capital Improvement Program (CIP). Projects included in the CIP will be considered for watershed cost-sharing. Please submit projects to be considered for inclusion in the 2007-2009 CIP by Apri17, 2006. The proposed projects will be screened and prioritized by the Technical Advisory Committee (TAC) and presented to the Commissions as a draft CIP at the May 11, 2006 Commission meetings. At that time the Commissions will consider going forward with a Major Plan Amendment to adopt the revised CIP and cost sharing policy and the Water Quality Plan developed by the TAC in 2004. This statutorily-defined process requires review by local, county, and state agencies; a formal comment period; a public hearing; and approximately 9 months to complete. Attached to the Request for Proposals is a summary of initial management recommendations identified in the initial lake TMDL modeling and the Shingle Creek Corridor Study. While these general management recommendations do not preclude consideration of other improvements within the watershed, they do represent those actions that in the Commission's judgment would be most effective in addressing impairments and managing water resources for long term protection and improvement. The screening and prioritization process drafted by the TAC gives greater weight to projects that implement actions identified in TMDLs or management plans. Please note that projects in the current CIP or those previously submitted during discussions by the Technical Advisory Committee should be resubmitted on the enclosed proposal form. Also note that proposals are not limited to capital improvement projects. Some management activities such as rough fish management or aquatic vegetation surveys may be considered through the budget process. If you have questions please contact Ed Matthiesen, Engineer for the Commissions, at Wenck Associates, 763- 479-4208 or ematthiesenna,wenck.com. We look forward to working with you to complete this process. Sincerely, cz� c �o�o��, �na C�rsfens Craig Cooper, City of Minneapolis Tina Carstens, City of Brooklyn Park Chair, Shingle Creek Commission Chair, West Mississippi Commission Cc: Commissioners Technical Advisory Committee Members Attachments (2) J:�Shingle Creek\CIPs\CIP RFP_Mazch2006�1,-transmit CIP RFP.doc Brooklyn Center Brooklyn Park Champlin Crystal Maple Grove Minneapolis New Hope Osseo Plymouth Robbinsdale Shingle Creek and West Mississippi Watershed Management Organizations 2007-2009 Capital Improvement Program Proposal Form The Shingle Creek and West Mississippi Watershed Management Commissions are accepting city proposals for cost-share projects to be included in the 2007-2009 Capital Improvement Program. Proposals will be accepted until Apri17, 2006. Following that date, the Commissions' Technical Advisory Committee will review and score proposals and make a recommendation to the Commissions on a proposed CIP at the Commissions' May 11, 2006 meeting. Background The Commissions are charged by the Metropolitan Surface Water Management Act with: Improving water quality; Preventing flooding and erosion from surface flows; Promoting groundwater recharge; Protecting and enhancing fish and wildlife habitat and water recreation facilities; Reducing the public expenditures necessary to control excessive volumes and rate of runoff and to improve water quality; and Properly managing surface water. To that end the Secor�cl Generation Watershed Management Plan has set forth goals addressing those issues, with policies and strategies identified to help achieve those goals. Key among these strategies is the development of management plans for water resources within the watershed. For many of the lalces and for Shingle Creek itself, Total Maximum Daily Load (TMDL) plans will be the primary driver of the resource management plan. To facilitate implementation of improvements, the Second Generation Plan proposes to share the cost of high watershed-priority capital improvements and demonstration projects through the Commissions' Capital Improvements Program. High-priority watershed capital improvements are those activities that go above and beyond general city management activities. These projects and activities are intended to provide a significant improvement to the water resources in the watershed. Thus, a local street flooding issue is not of watershed priority, but a local flooding issue that creates significant erosion and sedimentation impacting a downstream resource may be a watershed priority. The Commissions have proposed a Cost Sharing Policy that calls for up to 25 percent of the cost of qualifying projects to be shared by all property in the watershed, with the balance of project cost funded by the local governments participating in or benefiting from the improvement. The Commissions' maximum annual share is $250, D00. The Commissions have developed a set of criteria by which proposed projects would be scored, with those projects scoring a minimum number of points on the proposal form screening questions advancing to a prioritization stage. Prioritization will be based on cost effectiveness, amount of improvement achieved, and regional significance. Because the Commissions intend to utilize Hennepin County's ad valorem tax levy to finance the watershed share of most of these projects, preference will be given to "bricks and mortar" —type construction projects. However, some management-type projects such as rough fish control may be considered for cost sharing through the Commission budget. Questions regarding proposals may be directed to the Coxnmissions' Engineer Ed Matthiesen, at 763.479.4208 or ematthiesennwenck.com. Submit proposals to Judie Anderson at JASS, 3235 Fernbrook Lane, Plymouth 55447 or Judie(a�,iass.biz. Shingle Creek and West Mississippi Watershed Management Organizations 2007-2009 Capital Improvement Program Proposal Cit I I Contact Name: Telephone: Email: Project Name: Proposed CII' Year: Total Estimated Project Cost: Total Estimated Commission Share: (Maximum smaller of 25% or $250,000) In no more than two pages, please address the following questions: 1. Please describe: a. The proposed project and its estimated cost for construction, engineering, easement or land acquisition, and any other costs; b. Its purpose; c. The water resource(s) that would be affected by the project; d. The anticipated improvement that would result from the proposed project, for example, estimated pounds of phosphorus removed annually; linear feet of streambank stabilized with native vegetation; square feet of vegetated buffer added; and e. The nature of the improvement. Attach a conceptual or preliminary site plan, drainage plan, and estimated benefiting area. 2. Please describe how the proposed project addresses as many of the following as apply: a. Improved water quality. b. Prevention of flooding. c. Prevention or correction of erosion. d. Groundwater recharge. e. Protection and/or enhancement of fish and wildlife habitat. Improvement or creation of water recreation facilities. 3. Does the proposed project result from a regulatory mandate, and if so, how? 4. Does the project address one or more TMDL requirements, and if so, which? 5. How does the proposed project implement a strategy identified in one or more 'I2IVIDL Implementation Plans or Water Resource Management Plans (such as the Shingle Creek Corridor Study)? 6. Do all the cities responsible for sharing the 75 percent balance of the cost of the project agree to go forward with the project? (It is not necessary to have a final agreement on the precise cost sharing yet.) 7. Is the project in your CII' and the CIP of other cost-sharing cities? J:\Shingle Creek\CIPs\CIP RFP_March2006�2007-2009 CIP Proposal Form.doc �s y x- �:aa�� .'cs�"�e:" 'r� s� �.w cj h +�r. Sc��,�^ 2�'+'„±.� 4 t°�"" t �i w e• F ��'n tv;� �s. 4' �r ri�7►t i� A�'�i"�y i y p 4 ;e."'A�: Sy'� a�k i� s! t+t d�.� �1�`+7F yh 1 7! T i '�.F *4 z �i�.. r y ��Y i pt`9„�: +��'e� ��F ��3' a .m .r..� "';1��:'��. r..� �C3 r a +edE ls"''� �.r t ,.h. FY.�'' s ehw."� 'e d `�1� 'r t �a t +4, i �t y r'Y {r{i 3 A 4 r� y a r'�'� '�-'1��• a �r"�., -fi �a-� �i1 r, �.t'� j �'�;�'7 �t. 3� T�, X Y i� .e �'r '�'d�.�'£�r^ d °c1'l ��a,'.� }.'�f� T Q C f INLET SITE- z�� j r A f s''� �fi ��3 �uu� s 2 ,�-lr?' r" O� a+�4..�, y1 i r !R P vi R c L" +-T '�'��w+�' j wr� �,�r,. '�,t 'tr_,.,,. 0 Y'? •G, .i p ti. Y'✓!'' x r, r �u y y:� 9 a�'h ,r �1: Z' O i.� �F� ^.s F. ti a s" `'"Y M A IJd.��` f ��,y" p +�t"''{� 3"""° r �su� k� .'�'��r, x r N Y �n W. M� ti n a t tapy �a ..w. t:t° �a bs� �z '�,�'4 r d _'1 e �r±9 K�, w r hz, r. MIDDLE SITE �.-,:tl,�;� r 'j a .7�`�ih: �yr "�'o h x c.a .x i Jli�_ Y c t S qk� '�4 t r 7!�€� �'T r �s"�+� t "`A 1 .�_a..,.�,ww y i �Y A� r� :o Y R'7�"_ s t,��f'� ti '..�i; s F x' f ..a.- Jc�: �"t�A 3f<� �A� 5 ....=...,d... T� �t,� k" i �g 's "7``0 i` i :��..'A .f r+..w'.�.�' t .d s�, n i .,�M'� ,�"'�"k` �+,.,,.�ei..,,� �l�� f �.6 �a �r Ac'+s X r` f r �y,� T 's� v.r f�,�?,, r `c'�' Legend ,..u.,,�.. e y �,,1 v z u 9 'b .;V+•,, t„i.+' �'S� Y' 1" r��.;--� Flow Direction m e M,"s6� S �Y: Lakes 0 d� �i g k r hq�"' F �i+ l �.tJ.. a�� Hydraulic Structures j v� --�iii -d�� t i Y Dead Storage r-*--- t y "�"F I ,>i �F° y�, Monitoring Sites n.�.. ti :a� a.�� v �p ti 1 ,y: 1t�s i±,'q. streams OUTLET SITE A r s 51J•��` Subwatersheds t f k b� wi� 4 m Sources: Departmentof Natural Resources, -G--��; F i F> a' h ��`a� Metropolitan Council, Cities ��a� y r� r q.� 350 0 350 700 Feet r c�� 4. .,a fh Av�'l+l_ «e g _:11244W11aprfilelrecrea0on.aprlFigure: WeUand MoniDOring Sites (2CCG'-rn �O�j CITY OF BROOKLYN CENTER Wenck OCT 2003 WenckPssoaates, Inc. 1600 Paneer Creek Center Wetland Monitoring Sites _.�,E��,�rs MaplePWin.MN55359-0249 Figure 5.1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING SUBMISSION OF PROJECTS TO THE SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION 2007-2009 CAPITAL IlVIPROVEMENT PROGRAM WHEREAS, the Shingle Creek and West Mississippi Watershed Management Commissions recently issued a Request for Proposals to member cities for the purpose of collecting a list ofpro}ects to be considered for inclusion in the Watershed Commission's proposed 2007-2009 Capital Improvement Program; and WHEREAS, the City of Brooklyn Center desires to have two projects considered for inclusion in the watershed commission's capital improvement program; said projects consisting of proposed improvement to DNR wetland 63 9W and stream corridor restoration work along the portion of Shingle Creek extending from County Road 10 to Interstate Highway 94/694. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Nlinnesota, that the City Engineer is hereby authorized to submit application materials to the Shingle Creek and West Mississippi Watershed Management Commissions to request consideration of the DNR Wetland 639W and the Shingle Creek Corridor Restoration projects as part of the development of the Watershed Commission's 2007-2009 Capital Improvement Program. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i i 5 AGENDA CITY COUNCIL\ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION March 27, 2006 Immediately Following Regular City Council and EDA Meetings Starting at 7:00 P.M. City Council Chambers 1. Discussion of Process for handling individual City Council Member requests for Work Session Agenda items and for inforxnation requiring assembly of materials andlor analysis 2. Council Member Carmody: Discussion of Housing Commission list of potential proj ects 3. Mayor Kragness: Discussion of number of Housing Commission members 4. Discussion of CORE Values Group request for participation 5. Discussion af Draft 2006 City Manager Evaluation Form 6. �Vliscellaneous 7. Adjourn Pending List for Future Work Sessions April 10�' Discussion of Charter Conunission recommendations Council Member Lasman: City Council procedurai suggestions Continued discussion of City Manager evaluation forrn April 24�' Council Member Niesen: Suggestions for resident survey questions Council Member Niesen: Dedicating cable funds for communications Council Member Niesen: Crime reporting Council Member Niesen: City Council Corner in City Watch May 8�' Councii Member Niesen: Policy on outgoing Council Members May 22 Council Member Lasman: citizen petitions for stop signs June Sth (Budget Worl� Session) Council Mernber Niesen: Lighting for Lions park ball fields T City of Brooklyn �'enter A Millennium Community To: Mayor Kragness and Council Members.Carmody, Lasman, Niesen, and 0'Connor From: Michael 1. McCauley�- City Manager Date: March 22, 2006 Re: Process for Individual Council Member Work Session Items and Requests The attached process outline was introduced at the February 27�" Work Session and continued far City Council review. Council Member Niesen has provided the, attached comments on the proposal. The matter is on the Work Agenda for discussion as to whether the Council concurs in the proposed framework. 630I ShingZe 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 fbrookZyneenter.org T Page 1 of 1 Michael McCauley From: Diane Niesen Sent: Monday, March 20, 2006 7:02 AM To: Michael McCauley Subject: Feedback: decision tree for council requests Ta Michael McCauley, city manager Fr: Diane Niesen, councilmember Subj: Feedback on new idea of decision tree for council requests for information, and requests to place items on work session agendas The idea of having a more cohesive, efficient, and transparent process for the finro instances above is sound, in my opinion. In,my consideration of your proposal, I offer the following feedback. City business items current process is the appointed BC city manager places things on the agenda at his discretion appropriately to the business at hand. Council initiatiues/requests: current process is the elected BC mayor or a councilmember have notified the BC city manager of their idea/request, requested or not requested accompanying materials, and presented '#heir information to other councilmembers. From there things may, or may not have, progressed to a regular Agenda item. f believe the prdcess above for both the city manager and the council is working as infended after the council slightly restructured the meeting #ormat. It is acknowledged that there are different eategories of city business r and therefore requests made such as: budget related, housing related, ordinance related, etc. Depending upon the category of interest#o an elected councilmember, and whetherthe subject has been discussed in the recent past, requests for Work Session additions may or may not be accompanied by a request for information. It is also acknowledged that not alY requests for information lead to a request for a Work Session item. Some are just questions that elected officials want answers for to fulfill their role, and/or to avoid the necessity of visiting city haD to pull the information themselves. J believe the decision chart provided gives a picture of the effort that staff provides for the above and #he logical steps to accomplish the second bullet above. I would suggest at this time, that the above finro bullets be handled as they have been to date, but possibly augment this process with some council decision poin#s such as: Council can discuss what they think a significant amount of time for staff fio provide materials is Council would know which city official would be tasked with providing requested information Scheduling the requested item would then be prioritized and communicated to all in sorne, perhaps new, format or venue The intent and process is not to stop any elected official from bringing things to a work session or things from being brought to a vote as that is the main right and role of the elected official. The intent and process is greater efficiency in allocating city resources which includes adequate`time for discussion and decision for any items of concern or interest to staff, elected officials, or the public at council meetings. 3/22/2006 Y i, "To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Connor From: Michael J. McCauley City Manager Date: February 23, 2006 Re: Indi�idual City, Council Member Requests Generally speaking, individual City Council Member requests fall into these broad categories: Citizen complaint or Council Member inquiry regarding a specific code enforcement issue Request for information that is: o A copy of previously provided; information o Readily available information o Not readily available Requires assembly and/or analysis Work Session Agenda Item that is o Self-explanatory o Requires staff time, including any or all of the following Assembly of materials Analysis Recommendations Displacement of other work or priorities. As staff has tried to respond to various individual City Council Member requests, the amount of time involved in responding has ebbed and flowed. Issues arise in the absence of an articulated City Council direction as to scope, timing, and impact on City Council goals and existing projects. If the City Council wishes to pursue a matter'proposed by an individual City Council member that will impact staff time and other priorities, it would be helpful to have a more formal process to better respond to City Council direction. I arn suggesting that the City Council consider creating a process for handling individual City Council requests that would give more formal direction in a number of ways. The first would be to have the City Council determine the threshold question of whether the Council wishes to Iook into or pursue a matter. Second, the City Council would determine the scope, timing, and prioritization of reviewing a matter. For example, some items lend themselves to a discussion in connection with setting goals for the coming year, as opposed to an ad hoc addition during a year: Other items may be suita.ble for development of information and analysis during a year, but need to be scheduled to avoid i conflicts with established priorities and projects. An example would be developing information or analysis for consideration in setting a future year's priorities or budget. Such information would be needed before the priorities or budget are determined. Buf `if the development of information or analysis impacted Engineering/Public Works,'it would best be accomplished be timing the analysis to avoid' impacting design work and timing for street and other construction projects. Attached are flow charts that would outline a proposed method for handling individual City Council Member requests for Work Session'Agendas and for informatian requiring assembly andlor'analysis to facilita.te having the City Gouncil:- l. Deterriune if: a. The City Council wishes to discuss or pursue a matter b. The City Council wants a report or materials prepared 2. And if so, provide direction by: a. Determining the scope of the matter b. Prioritization of the matter c. Timing of i. Staff reports ii. Its future consideration at a subsequent Work Session I would also propose that the City Council set a time tp discuss goals/projects for 2007. I would suggest scheduling a Work Session on September 18�' for that purpose, unless the City Council has a facilitated retreat for that purpose in August or September. Also, if there are items that the City Council would Iike to consider for 2007 that have budgetary/staffing implications that the City Council identify those items as a group at the June 12�` Joint Work Session with the Financial Commission. This will a11ow us to prepare reports on fiscal im�acts and options in connection with the budget work sessions on August 21 S; October i 6, or November 20�'. In a recent newspaper article, the City of Coon Rapids City Council determined that it did not wish to explore changing the City's name. That resolution eame about because the council determinea that the majority was not interested in even discussing the concept. The matter ended without using further city council time or before any staff resources were expended. Page 2 03/22/2006 r Individuai Councii Member Request to Place Item on Work Session Agenda Piace on Work Place on Agenda Self-Explanatory Request or Materials I for Verbai Session Agenda with Matenals Yes Supplied by Councif Member NO Explanation by Minimal Staff Assembly of Materials Council Member Council I No Uterested in I Yes I Pursuing I identifylPrioritize Scope and Timing and`Needfoc Analysis Gommenf I Prepare Repoftl Materials Work Session Agenda for Council Direction Yes Councii Goes Na i orward with lte Requires I Place on Implement I No �I Actwn Yes Regular Direction Agenda 1 Individual City Council Member Reques# for Information Copy of Existing Compilation of Document(s) Information or Analysis Previousiy Readily Given N to Council Available Work Session Agenda for Council No Yes Yes Direction I Copy to Copy to AlI Councii Requesting Generally Council Member Copy to Councii Gouncil Not Council Requests: Interested <Identify Scope, Timing, and Priority Compilation and Analysis i �i Report to Council s y City of Brooklyn Center A Millennium Community To: Mayar Kragness and Council Membe armody, Lasman, Niesen, and O'Connor From: Michael J. McCaule� City Manager Date: March 22, 2006 I Y Re: Housing Commission This item is a continuation of the March 13�' Work Session. Attached are the materials from the March 13�' packet and a copy of the Resolutian creating the Housing Commission. I 6301 Shingle Creek Parkway Recreataon 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 ww w. cityo f b rook lyncenter. org 1 MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffinan, Community Development Director DATE: March 9, 2006 r r SUBJECT: Housing Commission Activities. The topic of discussion at the January; 2006 Hausing Commission was future activities and/or studies to be untaken by the body on behalf of the City Council. A total of ten (10) potential projects/activities were considered and are atta.ched for Council review. Items l, 2, 9 and l0 would dependent upon Council action andlor direction and would have little if any impact upon stafftime. Item 4, code enforcement, has been a topic of continual discussion on the part of the Housing Comrnission since their initial efforts in bringing about Chapter 12. From the discussion at the January meeting I am not sure as the desired directian or concern that is being raised. Last year mspect�ons made 1054 rental inspections and �vrote weil over 1,000 compliance orders to rental properties. The stated intent is nat to change the ordinance. Given thaf intent then I axn not sure as to the direction of the inquiry and staff resources that wauld be consumed with this effort. Staff has provided the commission with the Council's annual report on the code enforcement sweeps, they have had presentations made by the police department and over the years the City Attorney has made himself available to them to review city ordinances and judicial procedures. My concern with this item is the potential consumption of staff time without a define objective. Item 5 is an adxninistrative obligation that is currently underway. Item 6 has been before the Council in the last year. The Council initially raised rental license fees and subsequently lowered them. Item 3 was recommended by a former Commissioner and no one truly knew what was being suggested. Item 3 along with item 8 concern me because it will consume significant staff time without a specific abjective or structure for the study and with little if any value or practical application of the data. Finally, item 7 is really a budgetary consideration that was made by the Council years ago. My primary concern is the amount of staff time some of the suggested Housing Commission activities will require. All redevelopment activities are staffed b Tom Bublitz and Y me. As we go into the redevelopment of 57�' and Logan and the Opportunity site, staff ability to take on significant studies wi�l be severely compromised. i T�� Brooklyn Center Housing Commission Current Housing Reiated Concems and Topics to Address in 2005 Updated January 17, 2005 1. Providin in ut to BC OQportun'fir Site alanninq, Updafie: Now, in terms of parameters for future types of housing to be, located in the �pportuniiy Site, assuming it goes forward. Timeline: dependent'upon length time necessary to get to tha# point estimated at more than a year away to possibly three years away. 2. Joint rneetina with the afir c�lannina commission or at least inv�te chairman to confer with Housina Commission. Updafie: Housing Commission representation on the comprehensive plan update to occur i� 2008. Although the enabfing resolution says th�t the Housing Commission shouid meet with and ptan for developments, Pianning Commission is primarily a reac�onary body with specific functions outiined in state statute. Timeline: la#e 2007 to 2008. 3. Analvsis of transitiona! hausina and imoact an citv. How does BC com�are to other cities in terms of housina ownershiu tumover and ooaulation tumover? What imnact does turnover have on ci�ty in'terms of citv services and perc��fion of the citti? Update: There was considerable discussion as to the meaning of transitionai housing in this context. Typically, transitional housing means haifway homes or the like. The commission thought that in this context it meant single family homes that are bought and sold w�thhin shorter periods of time, e.g. people may be more likely to mave in and out af Brooklyn Center at a#aster rate than in other cities. Staff discussed that this was probably ,not the case, however� no statistical data was available at the discussion to prove or disprove this statement There was also discussion as to what could be done or recommended by the Housing Commission to curb this if it was deemed a problem. No cansensus was reached. Timeline: gathering data coutd be done by March of 20Q6 and it could be worked on immediately. 4. Is citv doina enouah in terms of c�de enforcement and in Qarticular rental ro� ert�Update: As was discussed at the joint mee#ing with the City Council, there was discussion as to what c�uld be changed in terms of pol�cy. Not changing ordinances or recommendations as to staff were agreed to by all members present and this discussion would retate only to changes in policy. Timeline:: could work on immediately. 5. Can citv be doina more to communicate with diverse audienc�s abou# pro�ertv maintenance exvecta�ons and'code enforcement? Update: Cunently; flyers regarding licensing for home improvement are being translated into different ianguages by the Community Devetopment Departrnent along with some other city infomnation. We also have a cultural liaison at the Potice Department to help with code enforcement issues in the future. Timeline: work in progress for staff, may want some commission input in near future. 6. Whv are so manu sinale familv homes beina bouQht as rental nroaerties r.. rather than owner occu�ied housina? Update: The fac#ors contributing to this were discussed by staff. Stafisticat information provided by staff in 20fl5 showed that Brookiyn Center'was no better or worse than many other neighboring communities. Discussion centered around making it more difficult to obtain a rental license. This was discussed by the Housing Commission in 2005 and it was felt by the Housing Commission that the oniy possible recommendation that could occur was increasing the single family home rental licenses. Timeline: immediate. 7. Is the citv doina enouah to �romate atv assets that hel� make '�t a areat alac�: -#o live? Update: There was distx�ssion about the communicationslPR posi�on that the city had hired about 10-12 years ago when doing the Discover the Center campaign. The cost benefit o# such a position was discussed. 1t was felt by the commission that in future planning, such as the 4ppo�tunity Site, that the city should take advantage ofi ways to better communicate with people. For instance, some sort of variable signage for the city located near Target, where it was felt that most people in the aty go by or shop at on frequent basis, wouid be a good idea to communicate mz�re timely with residents. Timeline: immediate or tie in with Opportunity Site. 8. Perform cause and effect analasis as to whv sinale familv homes `in the cih� are undervalued? Update: Again, there was discussion as to what specifically was meant by undervatuing fiomes. The assessor values at 95°r6 of the marke# value for taxation issues as prescribed by Hennepin County. The taxable value also lags behind the year the taxes are paid. However, this was in apparent reference to our homes being of lower values than homes of similac size m St. Louis Park, Robbinsdale, etc. There was discussion of the fac#ors that influ�nce home purd�ases and cities and school districts reputations, as well as other subtie influences: Timetine: immedia#e. 9. Recruit Housina Commission members. This was a new addition, so no update i5 needed. Timeline: immediate. 10. Decide the number of Housina Commission members needed. This war� also a new addition. The Housing Commission is currently suppc�sed to be at nine members. It used to be seven members and was raised. It can stay the same or be lowered again. There are only five members remaining. Timeline: immediate. RESOLUTION NO, 73-140 RESOLUTION NO. 75-97 RESOLUTION NO. 77-22 RESOLUTION NO. 87-131 RESOLUTION NO. 92-136 RESOLUTION NO. 95-79 RESOLUTION NO. 98-13 RESOLUTION ESTABLISHING A BROOKLYN CENTER HOUSING COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the housing situation in Brooklyn Center has reached a point in its development which requires a concentrated effort in the development of hausing standards to protect the qualiry of life in the community; and WHEREAS, Brooklyn Center shows the beginning of some housing deterioration and it is a common fact that deterioration can quickly reach a point where repair is no longer feasible and deterioration will then spread to the entire neighborhood causing blight; and WHEREAS, for a housing program ta be successful, it must involve citizen participation to tailor the program to the citizens of Brooklyn Center; and WHEREAS the Ci of Braokl n Center bein a ro ressive communi must �5' Y g P g n' commit itself to the maintenance of quality housing for its citizens. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is 'hereby established within the City of Brooklyn Center an advisory Housing Commission as follows: Subdivision l. TITLE: This organization shall be known as the Brooklyn Center Housing Conunission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters releva.nt to housing. Subdivision 3. PURPOSE: The general purpose of this Commission shall be to afford citizen input in the development of a housing program to supplement the activities of the City Council. S�bdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Coxnmission shall be to: l. Advise, investigate and review relevant matters for the City CounciL r y 2. Develop an overall plan for hausing in line with the comprehensive plan for Brooklyn Center and the needs of the metropolitan area. 3. Serve as a forum for the citizens of Brooklyn Center to voice their opinions regarding housing rnatters. 4. Work closely with the Planning Cornmission and all other conunissions on matters regarding housing. 5. Work with the neighborhood advisory committees of the Planning Commission to understand the housing needs of each azea of Brooklyn Center. 6. Develop and recommend standards for `occupancy and. maintenance of housing for the community. 7. Study the feasibility of establishing an occupancy permit program in conjunction with a housing maintenance code in Brooklyn Center. 8. Investigate new a� innovative concepts in housing for the community. 9. Develop arid recom�e�i prograzns which will provide quality housing for low and mod.erate income citizens: 10. Develop a� recomme�. a rehabilitaxion program as needed for e�sting housing in Brooklyn Center, espeeially for major maintenance and energy modernization projects. 11. Understand the financial resources available to the citizens in Brooklyn Center as it relates to housing. 12. Investigate all housing programs in terms of life safety. 13. Provide education seminars for the citizens of Brooklyn Center in matters of housing. 14. Serve as the initial review and advisory body for the Board of Appeals regarding contested compliance orders pursuant to the Housing Maintenance and Occupancy Ordinance, Sections 12-1202 and 12-1203. i _z_ 15. Assist the Planning Commission in reviewing and "discussing a redevelopment policy for the City of Brooklyn Center, and make recommendations to the Ciry Council with regard to redevelopment in the City. Subdivision 5. COMPOSITION: The Commission shall be camposed of a Cha.irperson and eight (8) members, all of whom shall be appainted and serve as set forth in Subdivision 6. Subdiuision 6. MEMBERS METHOD OF SELECTION-TERM OF OFFICE—REMOVAL: Chairoerson: The Chairperson shall be elected by majority vote of the Housing Commission membership. The election shall be conducted at the Housing Commission's first regular meeting of the calendar year, or, in the case of a vacancy, within two regularly scheduled Housing Commission meetings from the time a vacancy of the chair occurs. The Cha.irperson may be removed by majoriry vote of the Housing Commission membership. The Chairperson shall assure fi�lfiliment of the following res�nsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Commission; to a az as necess before Ci 2. Appear or appouit a representative ppe ar5', t3' advisory commissions and the City Council to present the viewpoint of the Commission in ma.tters pertaining to housing, as it relates to business under consideration by said commissions or City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Housing Commission of matters relevant to housing; 4. Provide `liaison with other govemmental and voluntary organizations on matters relevant to housing. Vice Chairnerson: A Vice Chairperson shall be appointed annually by the Chairperson from the members of the Commission. The Vice Chairperson shall perform such duties as may 1� assigned by the Chair�rson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Terrn �f nf�g: Members of the Commission shall be appointed by the Mayor with majority consent of the CounciL The terms of office shall be staggered three-year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was -3- R t appointed shall be appointed only for the remainder of such term. Upon expiration of his or her term of office, a member sha11 continue to serve until his or her successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appainted Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner,may be temporarily replaced during the temporary leave by an interun Commissioner appointed by the Mayor with ma.jority consent of the City CounciL Chialifications for Me��s Members Qf the Commission sha11 be residents of the City of Brooklyn Center while serving on the Commission, shall have been residents of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the housing function. l�e resez�tataon Reauirements: Due regard shail be given by the Mayor and City Council in appointing Commission members which will take into consideration geographical distribution within the City, as described in Subdivision 11, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups.` C�nflict of �nZerest: No Commissioner shall take part in the consideration of any maxter wherein he or she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his or her interest might reasona.bly be ex�cted to affect his or her unpartiality. Initial A�ointment: The Commission under this resolution sha}1 become effective September l, 1973, and shall consist of three members appointed for a term through December 1974, three members appointed for a term through Decernber 1975, and three members appointed for a term thraugh December 1976. ResiQn�tions-Rem�val from Office-Vacancies: Commissioners may resign voluntaril or may be removed from office by the Mayor with consent by majority Y 'v unexcused absences from the dul consecut� e vote o f the Ci Council. Three Y called Commission m�tings or unexcused absences from a majority of duly' called Commission meetings within one calendar year shali constitute automatic liaison shall inform the Ma or and Ci ce. The Ci Counc�l tY resi nadon from offi Y g Council of such automatic resignations. Vacancies in the Commission sha11 be filled by Mayoral appointment with majority consent of the Ciry Council. The procedure for filling Commission vacancies is as follows: l. Notices of vacancics shall l� posted for 30 days before any official City Council action is taken; -4- s shall be announced in the Ci 's o�cial newspaper; ancie 2. Vac tY bers of standin adviso 3. Not�ces of vacancies shall be sent to all mem g rY commissions; 4. Applications for Cammission membershig must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The Ciry Clerk shall forwaxd copies af the applicaxions to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the Ciry Council meeti.ng at which the norininee is presented; 7. The City Council, by majoriry vote, may approve an �.ppointment at the City Council meeting at which the nominee is presented. C�mnensatior�: Commissioners sha.11 serve without compensation. Subdi�ision 7. RULES AND PROCEDURES: The Cornmission shall adopt such rules and procedures not i�consistent with these provisions as may be necessarY for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Commission shall' be convened at the call of the Chairperson during October 1973. Thereafter, regular meetings sha.11 be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. Subdivision 9. STAFF: The City Manager shall assign one mernber of the admi.nistrative staff to serve as staff to the Comn�ission. The staff inember assigned shall perform such clerical and research duties on behalf of the commission as may be assig� by the Chairperson or the City Manager. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his or her Council�rson-appointee shall serve as an ex officio member of the Conunissian, privileged. to speak on any matter but without a vote, and sha1L provide a liaison between the Conunission and the City Council. -5- I,, t Subdivision ll. NEIGHBORHOODS: Neighborhoods Descr�: Southeast Neighborhood; The Southeast neighbarhood shall be bordered. on the south by the south city limits; on the east by the Mississippi River; on the north by FAI-94; and on the west by Shi.ngle Creek. Northeast Neighborhood.: The Northeast neighborhood shall be bordered on the south by FAI-94; on the east by the Mississippi River, on the north by the north city limits; and on the west by Shingle Creek. Northwest Neighborhood T'he Northwest neighborhaod shall be bordered on the south by FAI-94; on the east by Shingle Creek; on the north by the north city limits; and on the west by the west city lunits. West Central Neighborhood: The West Central neighborhood shall be bordered on the south by County Road 10; on the east by Brooklyn Boulevard; on the north by FAI-94; and on the west by the west city limits. Central Neighborhood: The Central neighborhood sha11 be bordered on the south by County Road 10; on the east by Shingie Creek; on the north by FAI-94; and on the west by Brookl�n Boulevard. Southwest Neighborhood.: Tl� Southwestneighborhood shall be�bordered an the south by the south city limits; on the east by Shingle Creek; on the north by County Road 10; `and on the west by the west city limits. Neighborhood Advisory Committees: Cominissioners shall be assigned by the Chairperson as liaison to neighborhood advisory comtnittees of the Planning Commission. It will then be a responsibility of each neighborhood advisory the P Commission to review housing ma.tters and present the commiittee of 1 n�mng neighborhood attitudes and opinions on general and specific housing programs directly a.ffecting. that neighborhood. i r F k li :t `�`�f/ �j€�/f/ i -�F `rr y ,�:r r .y,-�, i 6_ t�' ,��3�r `r-��! j ��{�i,{1 1• ,L= t .'�k y ti �-"��v e. �pw. ��:.i Y t y F� ,a r S Z: l- 1 r�,s�,��^c� ��,r-'�+�� --F r r ,T; t T'�` V i ��G�C� !!L._�•�, —i ^tL��""' .��,*'7�` t I r. i t �-1 I ._sc �S-.�S t �'rp t r,,.� r i f 4� .�s. La i ;�;��ii;.G FC 1 S i t ��r� I r a '6e� S T y �U��s�,..�' �.e�2 Y�.._! '.._1T.a-�7 T ��'i; 1 r 3 t �5:[3 '�F" J r� (�'.c�+',1� t.� ''7,? r f �f�'-'�,',� 'i J `'r ro r i �z 1 ,R ��'r",1•^r_b'r.��.._ �`��-�7^ ii f Y f; j 1 7 �1::i+�J'+� �+L. isi� J ,L�;'� ``��i#�� i 'r'' .`�,—.v .:E r �i 1-s� n �'�7%> r `.1� "J" w�� l ..i f. j' i t �L�.ij�"S,�}�}I t r J�� 4 .T'" S, ��F�'.�� 3•�. :�i l.= t r� w i�� ...'�'�m- t� i� u�+�L��Y; T�_ ,-ti J' ��t 7 L' �j j t f �.t .L� �y1 c,' .a ��tr .I�,t_ Rk` ii tt�� 4 ��'1 ty ydfb.�i �:�L"JJ� ��'-u �f ��;�;�=�4> c _l i�._r� g� �it3a 1 ��L�� W e I 'sFv�[)L_€..J..,.1'V� ��--�..,i.�.1L.tLJL�L��i...t�Z..��1��+� �i�� 1 �i� V. j�� 1 J. '91.. ..1.a1 i'� r QCet�tral Southeast i Sauthwest i Northeast NorthwestC;,7West Ceritral i 1 mr 1 r j'j �.s ,i/ t -I �i�}�„� �r sf 1 �t_.��' 't ?;'��",�-:�F-�. r;�? N s p �omrn�ssion Dist r f. City of Brooklyn Center A Millennium Community To: Mayor Kragness and C cil Members Carmody, Lasman, Niesen, and O'Connor Fram: Michael J. McCaule City Manager Date: March 22, 2006 Re: CORE Values Group As reported in the Update, I attended a meeting of the CORE Values group at Crystal on March 16 The basic thrust of the meeting was to seek organization' of first ring and other suburbs that have lost Loca1 Govemment Aid and have lower taa� bases. The organi2ation would seek to influence legislative action to the benefit of the members. There was discussion about seeking funding from the various potential member cities to pay for expenses, including for the Crystal resident who started the discussion. My recommendation is to decline financial participation in a new lobbying group. At the meeting, I recommended efforts through the existing organizations. To have an impact in the Metropolitan area would require a joint effort through the Association of Metropolitan Municipalities. I have spoken with the Executive Director of the Association of Metropolitan Municipalities who is interested in trying to develop a legislative proposal for 2007 that would address both the loss of Market Value Homestead payments by the wealthier suburbs and the distribution of Local Government Aid that impacts the cities with lower tax bases. If the cities at the meeting on March l b had the political clout to impact the current situation,- w�e would not have, needed a meeting. The group of cities does not have the' clout by themselves to change State policy. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-33D0 FAX (763) 569-3434 FAX (763) 569-3494 www. cityo fhrooklyncenter.org City of .Brooklyn Center A Millennium Community i To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and 0'Connor From: Michael J. McCauley�"' City Manager Date: March 22, 2006 Re: 2006 City Manager Evaluation Form Attached is a compilation form that combines Council Member Niesen's and Councit Member Carmody's forms into one document. Based on the direction from the Council, Council Member Niesen's form was used as the base form. Where Council Member Carmody has alternate language for the same basic area contained in Council Ivlember Niesen's draft, Council Member Cazmody's alternate language is placed in italics below the applicable section. Where Gouncil Member Cannady's form suggested alternate headings, those aze set forth at the end of th� document. Sections proposed by Council Member Carmody not included in Council Member Niesen's draft are set forth as "Additional Sections" and numbered beginning with 1 Y. Relationship With Mayor and Council. The draft numbers each ro osed azea p p and then letters each subsechon for ease in discussing each line separately. I would suggest that the combined form be generally discussed at the Mazch 27�' Work Session to set the April lOth as the da.te to go over the draft section and line by section and line. This will permit Council Members the opportunity to review the combined form and identify specific sections or lines they wish to discuss or to propose modifications. My general comments are that the combined form needs to be streamlined into fewer sections with more focus'on administrative competencies and responsibilities. The basic question is the City Council's direct knowledge of the azeas being evaluated and the relation of the evaluaxion to the City Manager's responsibilities. 6301 Shingle Creek Parkway Reereation 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 Combination Form t DRAFT CITY MANAGER EVALUATION FURM C'ombined Council Member Niesen Council Member Carmodv Did Not Achieve: is that level of performance that consistently failed to approach the requirernents of the job. Needs Imurovement: is that level of performance which consistently falls below the requirements of the job. It does not mean that every aspect of the employee's performance is below adequate standards, but that, in general, the employee does not meet the minimum expectations and requirements. Met Eacaectations; is that level of performance which is considered adequate to meet the requirements of the job. Some day to day variation is to be expected and may range, on occasian, from poor to very gaod: For the most part, however, met expectations represents satisfactory performance which would neither be consistently below nor superior to what is necessary to do the job. Exceeds Exoectations: is that level of performanee that consistently surpasses standards of adequate performance. Greativ Ezceed Expectations: is that level of performance consistently greatly surpasses the standards of adequa.te performance. 1. Policy/Ordinance Facilitation a. Presents policy/ordinance-reiated information clearly, completely and accurately. b. Respects and supports the role of elected officials in making policy/ordinance decisions. a Ensures that policy/ordinance decisions and initiatives are implemented. d. Gives Council community feedback on policies/ordinances that were received directly by City personneL 1 _I 2 3 4 5 Did, Not Needs Met Exceeded Greatly Exceeded Achieve Improvement Expectations Expectations Egpectations Comments: 2. Citizen Service a. Keeps current on citizen needs by using effective communication vehicles and processes. b. Ensures prompt, courteous and accurate responds to requests from citizens either directly or through the CounciL c. Ensures that necessary and appropriate city services are provided in a timely and effective manner. 3. Democratic Responsiveness a. Keeps current on the unique culture and demographics of Brooklyn Center. b. Demonstrates a commitment to democratic principles by respecting elected officials, community interest groups, and the decision-making process. c. Respects and promotes active citizen participation in local governance. City Manager Evaluation Form 1 DRAFT 4. Function�l and Operational Effectiveness a. Is Knowledgeable on the basic principles of service delivery in functional areas: public safety, community development, public works, finance, pazks and recreation. b. Provides reasonable, effective and cleaz budget. Monitors key financial indicators to ensure financial performance is on track; reports discrepancies and recornmends appropriate financially responsible actions to CounciL c. Sources of information or opinion cited in documents and presentation are current, complete, balanced and accurate. d. Manages allocation of financial resources to meet and match the changing needs and ability of the citizenry. e. Anticipates future needs, organizes work operations accordingly and establishes timetables for projects. f. Yearly goals and objectives are planned and implemented effectively using city recourses in the most efficient manner. 5. Interpersonal Skilis a. Conveys informarion effectively and objectively to others; distinguishes effectively the presenta.tion of fact or opinion. b. Facilitates the flow of ideas, information, and understanding between and among individuals. c. Demonstrates the ability to work in hazmony with others, minimizing conflict and fostering goodwill within the organization, with the public and other governmental representatives and external groups. 6. Staff Effectiveness a. Mainfiain professional and high quality staff that provides reports and services that are tirnely, compiete, equitable and of consistently high quality. b. Holds the organiza.tion accountable for results. c. Stays current on level of staff morale (high, medium, low). d. Ensures that the policies and procedures for employee hiring, promotion, performance appraisal and discipline are legal, current and equita.ble. i. AZternate Council Member Carmody 1. Ensures that the policies and procedures with regards to emplvyee hiring, promotion, performance appraisal and discipline are followed 7. Leadership a. Demonstrates the capacity to inspire and motivate others to achieve their best and fulfill the objectives of the counciL b. Demonstrates commi�nent to make decisions, address and fulfill responsibilities. c. Anticipates and positions the organization to address and respond to anticipated events and circumstances. d. Accepts responsibility for undesirable results. 8. Ethics and Integrity a. Models and requires honest and ethical behavior, does not allow dishonest/unethical behaviors to go undisciplined. b. Demonstrates integrity in professional relationships and personal actions. Abides by the ICMA Code of Ethics and maintains good standing the ICMA organiza.tion. i. Council Member Carmody alternate 1. Demonstrates integrity in professional relationships and personal actions. c. Demonstrates and models the organizations' values, mission statement, goals and objectives. City Manager Evaluation Form 2 DRAFT A l 9. Organizational Planning and Management a. Provides accurate assessment of the City's fiscal condition. b. Prepares clear, effective, understandable budget. c. Effectively manages the allocation of financial recourses. d. Council Member Carmody 1. Plans, organizes and supervises the most economic utilization of ma�apower, materials, and machinery 10. Communication a. Demonstrates a capacity for effective written and verbal communication. b. Communicates information to the media in a way that increases public understanding of locat governxnent issues and activities. c. Conveys information effectively and objectively to different audiences. i. Councid Me�ber Carmody adternate 1. Is able to convey information e and objectively to a variety of audiences d. Agendas aze developed and communicated in a process allowing Council appropriate discussion and voting timeframes to effectively fulfill their elected duties. ADDITIONAL SECTIONS Council Member Carmody 11. Relationship With Mayor and City Council a. Esta.blishes and maintains a system of reporting to the council current plans a�d activities of staff b. Plans and arganizes materials for presentations to the council, either verbal or written, in the most concise, clear and comprehensive manner possible 12. Long Range Planning a. Maintains knowledge of new technologies, systems, methods, etc. in relation to City services b. Keeps the Council advised of new and impending legislation and developments in the area of public policy c. Establishes an awareness of developments within other cities or other jurisdictions that may have an impact on city activities d. Plans, organizes and maintains a process for assisting the council in esta.blishing community goals including a process for monitvring and reporting on the city's progress toward achieving those goals 13. Relationship with Public/Public Rel�tions a. Establishes and maintains a liaison with private non-governmental agencies, organizations and groups involved in areas of concern that relate to services or activities of the city 14. Intergovernmental Relations a. Has a'liaison with other governmental jurisdictions in those areas of service that improve or enhance the city's programs b. Maintains communications with governmental jurisdictians with which the city is involved or has interaction 15. Professional and Personal Development a. Maintains awareness and value of broadening professional and personal development City Manager Evaluation Form 3 DRAFT I b. Demonstrates imaginative leadership in staff ALTERNATE HEADINGS FROM Council Member Carmody's form Organizational Management •E'iscaUBusiness Management Program Development and Follow Through City Manager Evaluation Form 4 DRAFT Council Member Niesen's Form i Y��. Memo July 23; 2005 Date: Ju1y 23, 2045 To: Mayor and Brooklyn Center City Council Members From: Diane Niesen Subj: City Manager Evaluation Process: Perforniance Review Form Other Action Items from February 2005 Council Workshop From our City Council Leadership Workshop held February 5, 2005, the Summary of Key Observations and Conelusions Made by the Participants included several action items for Council to be done by our next workshop. CITY MANAGER (C1Vn EVALUATION PROCESS (p4, item C) ►"Councilmembers should review current CM Evaluation Form and submit their proposed modifications to the forrn for discussion at a scheduled work session." "City Council woutd approve changes in terms of (1) format, (2) content, (3) rating scale." T'he following rafiing system/scale was proposed. 2 I 'f 4 Did not Met Exceeded Greatly exceeded Needs improvement achieve expectations expectations e�tations For discussion purposes, BC's cuirent Job Evaluation and Job Description information for CM is' presented below. CM EVALUATION FORM (outline) 1. Overall, has the CM worked to implement and facilitate adopted City Council (CC) goals? 2-1. Has the CM provided the Council with background and other information to allow the Council to make inforrned decisions..: 2-2. Has CM assisted CC in clarifying complex issues and understanding administrative, legal and procedural requirements? 3. Has CMprovided administrative oversight and direction in the following municipal areas: 1. fiscal affairs? 2. operations? 3, projects? 4. enterprise operations? 4. Has the CM been effective in intergovernmental relations? (4listed), 5. Overall (summary of Q1-Q4): (each item has a question/rating choice) L implement and facilitate annual council goals? 2. administrative support of Council? 3. discharge of administrative duties in fiscal af�airs, operations, projects, and enterprises? 4. intergovernmental matters? 3/22f2006 1, BCCC CM eval revOS.doc Memo July 23, 2005 CM JOB DESCRIPTION (overview) Essential duties and responsibilities 1. Operations Controls/directs administration of City's affairs Ensures Charter/laws/policies/ordinanceslresolutions are enforced Encourages/develops/locates alternate funding for City services and joint/co-op operations Assists staff with planning/coordination acrivities; follows-up to ensure effective service to public and municipal operating efficiencies Stays current with legislative issues, especially on local government 2. Economic Development Leads efforts Meets with developers Executive Director of HRA and EDA Overseer and coordinator of redevelopment proje�t strategies Plans and helps update documents like: strategic plan, CIl', comprehensive plan 3. Personnel Directs ti�e organization far effectiveness Directs executive staf� establishes gaals and objectives, directs work, assigns and delegates Performs any disciplinary actions Authorizes staffhiring 4. Financial Responsible for effective management of City assets Responsible for effective management of financial assets Oversees preparation and presentation of annual budget Authorizes purchases/expenses Monitors financial position and analyzes irends for updated actions 5. Council Supports City Cauncil (attends, presents, r�ommends, implements) Informs Council of significant matters/effectively presents matters needing action/approval Enforces ordinances/resolutions (ref. l. Operarions) and recommends changes Coordinates work with Commissions/Council and presents their recommendations Atfends Council meetings and other public as needed 6. Communication Ensures public services are effectively provided (ref.1. Operations) and public complaints/concerns are effecti�ely handled Identifies appropriate service levels to meet customer needs Participates in community activities Stays current on public administration and organizational development field developments; cooperates with other govemment units/municipalities on matters of mutual interest Maintains eff,ective relarionships with comrnunity organizations/members, in positive manner Note item to correct: In the Job Description, with section Essential Knowledge, Slcills, and Abiliries, on p.3, within secrion titled: Technical Knowledge, it reads: "Ability to act as city manager when city manager is not available: 3/222006 2 BCCC CM eval revOS.doc Memo July 23, 2005 PROPOSAL Cover three categories of performance measures: (1) 7� Description, (2) City Scorecard, (3) Values. Evaluation`should reflect measures of Council and community wants and needs and effective performance. Use three sources of information: (1} self evaluation, (2) council evaluation, (3) feedback (3-4 randomly selected personnel). Match annual evaluation questions to job responsibilities and community desired measures of success. Use this iterative process to aP1�Priate update CM Job Description; The International City/County Management Association (ICMA) provides tenets of professional management. Their practices, and information from the Leadership Training Institute, are the bases for these evaluation items. Job �esc J�b D�mens�on M�nemenf �Gr�teria G�mrnents �re#, Presents policylordinance-related information clearly, completely and accurately. Respects and supports the role of elected officials in 1. Po6cy/ making policy/ordinance decisions. Ordinance 1, 5, 6 Facilitation Ensures that policy/ordinance decisions and initiatives are implemented. Gives Council community feedback on policies/ ordinances that were received directly by Ciry personnel. Keeps current on citizen needs by using effective communication vehicles and processes. 2. Citizen Service l, 5 Ensures prompt, courteous and accurate responses to re- quests from citizens either direcfly or through the Council. Ensures that necessary and appropriate city services are provided in a timely and effective manner. Keeps current on the unique culture and demographics of Brooklyn Center. 1, 6 Demonstrates a commitznent to democratic principlesby 3. Democrafic respecting elected officials, community interest groups, and Responsiveness (review �ob decision-making process. DescriFrtian) Respects and �romotes active citizen participation in local governance. Is Irnowledgable an the basic principles of service delivery in functional areas: public safety, community development, public works, finance, parks and recreation. Provides reasonable, ef�ective and cleazbudget. Monitors key financial indicators to ensure financial performance is on track, reports dis�crepancies and recommends appropriate fmancially responsible actions to CounciL 4. Functional and Operational 2 4 ��es of information or opinion cited in documents and Effectiveness presentations are current, complete, balanced and accurate. Manages allocarion of financial resources to meet and match the changing needs and abiliries of the citizenry. Anticipates future needs, organizes work operations accordingly and establishes timetables for projects. Yearly goals and objectives are planned and implemented effecrively using city resources in the most efficient manner. 3/222006 3 BGCC CM eval revOS.doc I r Memo July 23, 2005 Job �esc ,�ob Dir�ens�on Measureme�t �r�ter�a Go�et�ts Conveys inforn�ation effectively and objectively to others; distinguishes effectively the presentation of fact or opinion. Facilitates the flow of ideas, information, and 5. Interpersonal 5� 6 understanding between and among individuals. Skilis Demonsirates the ability to work in harmony with others, minimizing conflict and fostering goodwill within the organization, with the public and other governmental representarives and external groups. Maintain professional and high quality staff that provides reports and services that are timely, complete, equitable and of consistently high quality. 6. Staff Holds the organization accountable for results. Effectiveness 1 2 3 Stays current on level of staffmorale (high, medium, low). I I Ensures that the policies and procedures for employee hiring, promotion, performance appraisal and discipline are legal, current and equitable. Demonstrates the capacity to inspire and'motivate others to achieve their best and fulfill the objectives of the Counci2. Demonstrates commitment to make decisions, address and 7. Leadership 1, 2, 4 fulfill responsibilities. Anricipates and positions the organization to address and respond to anficipated events and circumstances. I Accepts responsibility for undesirable results. I Models and requires honest and ethical behavior; does not a11ow dishonest/wiethical behaviors to go undisciplined. 8. Ethics and 3 Demonstrates integrity in professional relationships and (�ev�ew Job personal actions. Abides by �e ICMA Code of Ethics and Integrity Descr;�on) mamtains good standing in the ICMA organization. Demonsirates and models the organizations' values, mission statement, goals and objectives. Provides accurate assessment of the City s fiscal condition. I 9. Organizational I Planning and 1, 2, 4 Prepares clear, effective, understandable budget. Management I Effectively manages the allocarion of financial resources. I Demonstrates a capacity far effective written and verbal communication. Communicates information to the media in a way that in- creases public understanding of local government issues 10. and activities. Communication 5 6 Conveys information effectively and objectively to different audiences. Agendas are developed and communicated in a process allowing Council appropriate discussion and voting tuneframes to effechvely fulfill their elected duries. 3/22J2006 4 BCCC CM eval revOS.doc 1 1} Memo July 23, 2005' Job �esc Job Dirnension M�asuremenf Gr��raa�� C�mrn�r�ts �re'F a- s 5 a a r 11. Cl�' SCOCCCBC(� �r�.�� e F� �i" z ,.�1t.. �.�s�",,� ._a `B� Scarecard Item Fa�tuat Mea�urement Griteria �Commenfs L City operations budget accuracy spending discipline timely, complete and accurate communication 2. City enterprise operations budget accuracy profitability level level of financial reward/risk to taxpayers 3. City service%rdinance level of clarity to the community, enforcement effectiveness equity and voluntazy compliance community feedback (direct to city personnel or Council) 4. Property tax affordibility index taxpayer burden ranking on metro area average priced home 5. Crime rate/trends crime rates per capita and comparisons to other first-ring suburbs number of erimes successfullyprosecuted and/or solved 6. C/I vacancy rates historical vs. current trend aPPIY W existing structures and vacant city- owned land 7. Salary and benefits percentage of operating budget and total ainounts affordatsle/reasonable for BC demographics comparisons to other government agencies 8. Pollution number of environmental and noise efforts to track and address/resolve 9. Lawsuits against City number of lawsuits filed against City number of lawsuits won, settled or lost costs incwred for legal fees and remedies (including staff time} i embers mmun m i n 'v number of instances co 10. Communicat o effecti eness for commaniTy claimed they felt inappropriately informed on issues that impacted them innovationiideas to monitor/improve List 1-3 strengths of this individual as it relates to their position of CM for the Cily of Brooklyn Center. List 1-3 items for improvement that this individual should achieve during the coming year. Process recommendadon: Conduct a performance evaluation each year before`December 31, and set salary each year for the following year on or before December 31 to allow ti�e current Council to review and compensate the CM in accordance with the results of the performance,review. 3/22/2006 5 BGCC CM eval revOS.doc 1 .:l� f Memo July 23, 2005 Other Action Items (p. 8): 1. Dialogue between GM and Council on mutual expectations and ways to effectively support each other in ti�e achievement of responsibilities/duties. Suggestion: Each preparelpresent 1-3 items for initial discussion. 2. Identify issues Council should be tracking on continuous basis, and establish effective systern/pmcess to accomplish. Suggestion:' Each identify categories of community management information (e.g., community service issues, ordinance chan es, crime information, number/type of lawsuits, staff turnover, etc.) with g su estions for criteria to a ly a criticality weighting (e.g., cost, community impact, community gg PP feedback, tax implication, public safety which matters most?) based on individual values, for initial discussion. New business for next Retreat to be discussed in conjunction with CM Annual Review 3.' CM Job Description review and update 4. CM Employment Contract review and update 5. City salaries: philosophy and process approach with union and non-union employees I I 3/22/2006 6 BGGC CM eval revOS.doc I t Council Member Carmodv's Forrn •y Organizational Management Ensures that necessary and appropriate city services are provided in a timely manner. Is knowledgeable on the basic principles of service delivery in functional areas; public safety, community development, public works, finance, parks arid recreation. Maintain professional and high quality staff. Motivates others to ac�iieve their best and fulfill the goals of the counciL Ensures that the policies and procedures with regards to employee hiring, promotion,'performance appraisal and discipline are followed. FiscaUBusiness Management Provides an accurate assessment of the city's fiscal condition by a system of reports for the counciL Prepares a clear, effective, and understandable budget with documentation that conforms to guidelines adopted by the city counciL Plans, organizes and supervises the most economic utilization af manpower, materials, and machinery. 1�rogram Development and Follow Through Presents policy/ordinance related information clearly, completeiy and accurately. Ensures that policy/ordinance decisions and initiatives are implemented. Yearly goals and objectives are planned and implemented effectively using city, resources in the most efficient and effective manner. Demonstrates a commitment to make decisions, address and fulfill responsibilities. Relationship 'with Mayor and City Council Respects and supports the role of the council in making policy or ordinance decisions. Demonstrates the capacity for effective written and verbal communication. Esta.blishes and maintains a system of reporting to the council current plans and activities of the staff. Plans and organizes materials for presentations to the council, either verbal or written, in the most concise, cleaz and comprehensive manner possible. Long Range Planning Maintains knowledge of new technologies, systems, methods, etc. in relation to City services. Keeps the Council advised of new and impending legislation and devetopments in the area of public policy. Esta.blishes and maintains an awareness of developments occurring within other cities or other jurisdictions that may have an impact on city activites. 1 A. Plans, organizes and maintains a process for assisting the council in esta.blishing community goals including a process for monitoring and reporting on the city's progress toward achieving those goals. Relationship with Public/Public Relations Ensures prompt, courteous and accurate responses to requests from eitizens either directly or through the counciL Keeps current on the unique culture and demographics of Brooklyn Center. Is able to convey information effectively and objectively to a variety of audienees. Communicates information to the media in a way that increases public understanding of local government issues and activities. Esta.blishes and maintains a liaison with private non-governmental agencies, organizations and groups involved in azeas of concern that relate to services or activities of the city. Intergovernrnental Relations at vernm ental 'urisdictions in those are as of se rvice th Has a liaison with other go improve or enhance the city's programs. Maintains communications with governmental jurisdictions with which the city is involved or has interaction. Professional and Personal Development Demonstrates integrity in professional relationships and personal actions. Mainta.ins awareness and value of broadening professionai and personal development. Demonstrates imaginative leadership in staff. i