HomeMy WebLinkAbout2006 04-10 CCP Regular Session Public Copy
AGENDA
CITY COUNCIL STUDY SESSION
April 10, 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
April 10, 2006 AGENDA
1. Informal O en Forum With Ci Council 6:45 .m.
P tY P
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 are considered to be routine by the City Council and will be enacted by
one motion. There will be no separate discussion of these items unless a Councilmember so
requests, in which event the item will be removed from the consent agenda and considered at
the end of Council Consideration Items.
a. Approval of Minutes
—Councilmembers not present at meetings will be recorded as abstaining from the
vote on the minutes.
1. March 27, 2006 Study Session
2. March 27, 2006 Regular Session
3. March 27, 2006 Work Session
b. Licenses
c. Approval of Application and Permit for a Temporary On-Sale Liquor License
Submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for an Event to be
Held April 29, 2006
d. Resolution Authorizing Transfer of funds from the Storm Sewer Utility Fund to
Provide for the Reduction of Chloride Use for Snow and Ice Control Operations
CITY COUNCIL AGENDA -2- April 10, 2006
8. Council Consideration Items
a. Proclamation Declaring May 20, 2006, to be Kids Day America/InternationalTM
•Requested Council Action:
—Motion to adopt proclamation.
b. Proclamation Declaring April 23-30, 2006, as Days of Remembrance
•Requested Council Action:
—Motion to adopt proclamation.
c. Report Regaxding Great Shingle Creek Watershed Cleanup Week
1. Report by Councilmember Carmody
—Proclamation Declaring Apri122-29, 2006, to be the Great Shingle Creek
Watershed Cleanup Week
—Proclamation Declaring Apri122, 2006, Earth Day in Brooklyn Center
•Requested Council Action:
—Motion to adopt proclamations.
d. Resolution Establishing City Council Code of Policies and Repealing Previous
Resolutions and Motions in the Form of Policy Statements
•Requested Council Action:
—Motion to adopt resolution.
e. Resolution Amending the Brooklyn Center Housing Commission's Enabling
Resolutions
•Requested Council Action:
—Motion to adopt resolution.
f. Mayoral Appointments: Housing Commission Members and Alternate
i sioner to Watershed Commissions
Comm s
•Re uested Council Action:
9
—Motion to ratify Mayoral nominations.
g. Resolution Amending Electric Permit Fee Schedule
•Requested Council Action:
—Motion to adopt resolution.
h. An Ordinance Amending Chapter 3 5 of the City Code of Ordinances Regarding Side
Yard Setback Requirements and the Height of Accessory Structures
•Requested Council Action:
—Motion to approve first reading and set second reading and Public Heazing
for May 8, 2006.
9. Adjournment
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No. 7a
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MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
MARCH 27, 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, Diane Niesen,
and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City
Manager/Director of Operations Curt Boganey, Public Works Director/City Engineer Todd
Blomstrom, Police Chief Scott Bechthold, City Attorney Mary Tietjen, and Deputy City Clerk
Camille Yungerberg.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Lasman inquired about ticketing of the inoperable vehicles on properties. City
Manager McCauley responded by explaining that the City is looking into what can be done as far
as notification, ticketing, and removal at the owner's expense. He discussed the vanous options.
Police Chief Bechthold stated the goal is no tolerance of violations with the immediate issuance
of citations. He stated concern for the number of inoperable vehicles being stored on properties
and stated the City Attorney is looking at the City's options for abatement.
Mr. McCauley sta.ted if the City could remove a vehicle at the owner's expense, compliance
would happen faster. He explained that the owner would be responsible for the towing bill of the
service.
Mr. Bechthold discussed the strategizing that has taken place between the Police Department and
City Staff. He stated the Police Department will be going to a computer based system that will
allow for better communication regarding properties, with more people taking action. He staxed
there are many repeat offenders. He stated currently, warning letters axe sent, however in the
future, that step will be skipped and citations will be issued immediately.
Mayor Kragness suggested that the public be notified before the new process begins.
Councilmember O'Connor stated she is missing pages 253-275 of the City Council Code of
Policies and stated she thought the item would be on the Worksession agenda, not on the Regular
Meeting agenda, requiring a vote.
03/27/06 1 DR.AFT
Councilmember Niesen stated she is in favor of posiponing the consideration of the City Council
Code of Polices.
It was the consensus of the City Council to postpone this item l Od. Resolution Establishing City
Council Code of Policies and Repealing Previous Resolutions and Motions in the Form of Policy
Statements until the next Regular Sessiori so that the additional pages can be reviewed.
Councilmember O'Connor asked that the City Engineer review the Riverwood neighborhood
project previously approved at the March 13, 2006, City Council Regulax Session and consider
not installing curbs and gutters to prevent runoff into the river. Councilmember Lasman
responded she disagrees with Councilmember O'Connor and that curbs and gutters are a
necessity.
Public Works Director/City Engineer Todd Blomstrom suggested that the feasibility study be
completed before a decision is made regarding the curbs and gutters. He explained that more
sediment is washed into the river when there is no curb and gutter. Mr. McCauley sta.ted it is
City policy that curb and gutter be installed. He stated it is for protection of the road and for
drainage issues.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
DISCUSSION OF PROCESS FOR HANDLING INDIVIDUAL CITY COUNCIL
MEMBER REQUESTS FOR WORK SESSION AGENDA ITEMS AND FOR
INFORMATION REQUIRING ASSEMBLY OF MATERIALS AND/OR ANALYSIS
Councilmember Niesen sta.ted she likes the new Work Session agenda format.
ADJOURNMENT
Councilmember Lasman moved and Councilmember Carmody seconded to close the Study
Session at 6:47 p.m.
Motion passed unanimously.
City Clerk Mayor
03/27/06 2 DR.AFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
MARCH 27, 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 6:47 p.m.
ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen,
and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City
Manager/Director of Operations Curt Boganey, Public Works Director/City Engineer Todd
Blomstrom, Police Chief Scott Bechthold, City Attorney Mary Tietjen, and Deputy City Clerk
Camille Yungerberg.
Myrna Kragness opened the meeting for the purpose of Informal Open Forum.
Allan Hancock, 5520 Fremont Avenue N, stated interested in the election process in conjunction
with current legislative bills. He stated there are some legislative bills that are related to local
elections that should be reviewed by the City. He discussed the Instant Runoff Voting process
and stated it would save the City money and save them from not having extra elections. He
stated other states have had success with this method and asked that the City Council become
familiar with the current legislative bills that will effect the local elections in Brooklyn Center.
Mr. McCauley explained that the City conducts a Primary Election to narrow down the
candidates. He stated with the proposed system, a Primary Election would not be necessary;
however the list of candidates would be lengthy.
Wayne Paulson, 5330 Colfax Ave N, asked what the ruling is on the garbage cans being left on
the curbs for weeks at a time. He stated concern that the City looks poor with the garbage cans
sitting outside. He stated he has called the City and nothing has been done.
Mayor Kragness asked that Chief Bechthold look into the situation.
Informal Open Forum closed at 6:55 p.m.
03/27/06 1 DRAFT
2. INVOCATION
Ma or Kra ess re uested a moment of silence.
Y q
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, Diane Niesen,
and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City
Manager/Director of Operations Curt Boganey, Public Works Director/City Engineer Todd
Blomstrom, Police Chief Scott Bechthold, City Attorney Mary Tietjen, and Deputy City Clerk
Camille Yungerberg.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
Councilmember Carmody stated she attended the Earle Brown Days Committee meeting. She
stated she attended the Northwest Hennepin Human Services Council Human Rights Art Show
and pointed out the winners displayed behind the City Council. She stated the theme was
"Rights Rock."
Councilmember Lasman stated on March 15�', she attended the Crime Prevention Program where
a reminder was given that the Citizen and Police Award Ceremony will take place on April 19�',
in Constitution Hall and the Crime Prevention Golf Tournament will be held at Centerbrook Golf
Course on May 19�'. She stated on March 22 she also attended the Northwest Hennepin
Human Services Council Human Rights Art Show where two students from Brooklyn Center
received honorable mentions. She stated on March 25�', she attended a Riverwood
Neighborhood Block Watch Association meeting to discuss issues in the City and their
neighborhood. She encouraged other neighborhoods to start Block Watch programs.
Councilmember O'Connor stated she attended the Legislative Meeting on March 8�', on eminent
domain. She stated she attended the Park and Recreation meeting where the central storage
facility and golf course siudy were discussed. She stated the Central Park Ball Field lights are
almost done. She sta.ted they discussed central use fees that are used by surrounding cities. She
stated the Park and Recreation Committee agreed to clean up Marlin and Lakeside Parks. She
stated the Shingle Creek clean up is on Apri122 She stated she attended the League of Cities
meeting in Washington, D.C. where she expressed concem for the deficit at the federal level, and
issues with Social Security, Medicare and Medicaid.
03/27/06 2 DR.AFT
Mayor Kragness stated there is a Teen Drug Awareness seminar at Prince of Peace Lutheran
Church in Brooklyn Park on Tuesday, April 18 at 6:30 p.m. She encouraged parents to attend
the seminar with their teenagers. She announced an invitation to Elder Wisdom Children's Song,
a celebration of the history and diversity of the Brooklyn Center community by the sixth grade
class of the Earle Brown Elementary on T'hursday March 30�', at 1:15 p.m. with reception to
follow in the cafeteria. She stated the Northwest Suburban Remodeling Fair is Saturday,
April l from 9:00 a.m. to 3:00 p.m. She stated Graydon Boeck is in the hospital and had triple
bypass surgery and wished him a speedy recovery.
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. 9d. Resolution Establishing City
Council Code of Policies and Repealing Previous Resolutions and Motions in the Form of Policy
Statements until the April 10, 2006, Regulax Meeting and amendments to the March 13, 2006
Siudy Session and March 13, 2006 Regular Session minutes as discussed in the Study Session
and the following consent items were approved:
7a. APPROVAL OF MINUTES
—Councilmember O'Connor abstained from the vote on the minutes, as she was
absent and excused from the March 13, 2006 meeting.
1. March 13, 2006 Study Session
2. March 13, 2006 Regular Session
3. March 13, 2006 Work Session
7b. LICENSES
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 LaBea� 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
03/27/06 3 DRAFT
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
On Site Mechanical 7900 Halstead Dr, Minnetrista.
Practical Systems 4342B Shady Oak Rd, Hopkins
Quality Refrigeration, Inc. 623? Penn Ave So, Richfield
Ray Welter Heating Co 4637 Chicago Ave, Minneapolis
Riccar 2387 Sta.tion Parkway, Andover
River City Sheet Meta.l Inc. 8290 Main Street NE, Fridley
Ron's Mechanical 4120 85�' Ave N, Brooklyn Park
Schadegg Mechanical, Inc. 225 Bridgepoint Dr, So St Paul
Shaxp 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 13th Street SE, Brainerd
Thermex Corporation 3529 Raleigh Ave S, Minneapolis
Tota1 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
3614-16 SOth Ave N(1 bldg, 3 units) Kjirsten Bjerke-Keenan
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
i
03/27/06 4 DRAFT
SIGNHANGER
Amtech Lighting Services 6077 Lake Elmo Ave, Stillwater
Crosstown Signs 16307 Aberdeen Str NE, Ham Lake
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
7c. RESOLUTION NO. 2006-40 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
7d. RESOLUTION NO. 2006-41 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
7e. RESOLUTION NO. 2006-42 ACCEPTING BID AND AUTHORIZING
AWARD OF A CONTRACT, IMPROVEMENT PROJECT NO. 2006-10,
2006 STREET SEAL COATING
Motion passed unanimously.
8. PRESENTATION
Councilmember Carmody pointed out the artwork from the Northwest Hennepin Huxnan
Services Council Annual Art Contest located on the wall behind the City Council.
9. PUBLIC HEARINGS
9a. RESOLUTION NO. 2006-43 CERTIFYING SPECIAL ASSESSMENTS FOR
DELINQUENT WEED REMOVAL COSTS FOR 7112 HALIFAX AVENUE
NORTH TO THE HENNEPIN COUNTY TAX ROLLS
City Manager Michael McCauley stated the item was tabled and continued to this meeting and
documentation on the situation has been included in the City Council packet.
Councilmember Lasman moved and Councilmember Carmody seconded to open the Public
Hearing on Resolution Certifying Special Assessments for Delinquent Weed Removal Costs for
7112 Halifax Avenue North to the Hennepin County Tax Rolls.
Motion passed unanimously.
03/27/06 5 DRAFT
No public input was offered.
Councilmember Lasman moved and Councilmember Carmody seconded to close the Public
Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of
RESOLUTION NO. 2006-43 Certifying Special Assessments for Delinquent Weed Removal
Costs for 7112 Halif� Avenue North to the Hennepin County Tax Rolls.
Motion passed unanimously.
9b. 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
Mr. McCauley stated Staff has identified several issues with respect to enforceability. He stated
comments were received and forwarded to the City Council in regaxd to this matter. He stated the
City had issued three times the citations so faz in 2006 that were issued in the same period in
2005. He stated Staff is exploring possible alternatives to address the concerns the City is having
such as towing junk cars. He stated enforcement of current ordinances might be more productive
than the proposed ordinance.
Mayor Kragness sta.ted she received concern regarding entertaining and violating the ordinance.
She referenced the current ordinance that allows for short term exceptions to the parking
ordinances if the circumstances are submitted to the Police Department at least two hours before
the event. Mr. McCauley responded by explaining that the proposal is related to Chapter 19
which is different than parking in Chapter 27. He stated the language that is before the City
Council does not contain that type of exception for temporary situations. Chapter 19 is a
nuisance ordinance not a parking regulation. He sta.ted it is not anticipated that the City would
allow for temporary use as opposed to suspension of parking regulations and or Chapter 19.
Chief Bechthold stated citations have increased because the Police Department has taken a more
aggressive approach to enforcement. He stated in the past, the enforcement strategy has been to
seek voluntary compliance through issuance of warnings. He stated now, when there are
immobility factors present, the Police Depa.rtment moves for immediate citation.
Mr. McCauley explained a situation where the City has issued orders and has been prosecuting a
property owner. He continued to explain that the building then caught fire and the City
proceeded to the court process to have the building removed. He explained that when the
building was removed, the hole was not filled, so the City again took action to have the hole
filled. He explained that after the property owner did not appear in court, he was arrested and
appeared in court in the past couple of weeks where the judge fined them $50.00, all while the
trash remains on the property and the hole is still in the ground. He explained that the City spent
03/27/06 6 DRAFT
hundreds of dollars pursuing the issue and in the end the property owner was only charge $50.00.
Councilmember Carmody moved and Councilmember Lasman seconded to open the Public
Hearing 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.
Motion passed unanimously.
Jeff Lewis, 5732 Knox Avenue, explained that having on the property: snowmobiles, a work
vehicle, and various classic and personal cars will put him over the limit of six vehicles. He
asked if he would be allowed to install a second driveway and if he would be cited for having
visitors. He sta.ted concern that large families are being discriminated against. He stated concern
that this topic is driven by one resident who is having trouble with a neighbor and that resident
should address his personal concerns and not punish the entire City. He stated he feels offended
by this ordinance and stated objection to the amount of time being consumed by the Police
Depariment for enforcement. He sta.ted his passion for classic cars is installing values in his
children that keep them from negative influences.
Valarie Nordstrom, 4820 69�' Ave N, stated the present ordinances should be enforced before
new ones are created. She distributed a list of concerns to the City Council.
Doug Peter, 307 70�' Ave N, representing the property at: 5331 Lyndale Ave N stated concern
with the excessive amount of cars that have. not been moved for almost a yeax, some of which
have been burned. He sta.ted the aesthetic effects of this problem are bad for the image of the
City. He stated the trailer in particular is affecting the entry of his mother's property.
Jane Sandberg, 3413 Woodbine Lane, stated she is a 30 year resident of the City and has
remodeled their home in order to stay in the City. She stated they will not remain in the City due
to the noise of the neighborhood and the amount of cars stored on the properties. She stated
concern for a home in her neighborhood that has many cars stored outside. She stated many
things are involved with the cars parked on the property such as early morning noise, cars
running for long period of times, and littering. She stated she has to warn their visitors that their
home is noisy due to neighbors and their cars pazked outside. She stated she has tried to speak to
the neighbors about it; however there is a language barrier. Mayor Kragness suggested using the
police officer whom speaks Spanish to assist in interpretation. Councilmember Niesen asked
how many vehicles Ms. Sandberg's garage holds. Ms. Sandberg stated her recently remodeled
garage holds five to six vehicles.
Wayne Paulson, 5330 Colfax Ave N, stated many homes in the City have one short driveway,
accommodating only three vehicles. He described scheduling conflicts with the vehicles in the
driveway due to the size of their driveway. He offered a solution that allows for one car to be
parked in the grass, which would allow him to have four cars on his property. He stated he
allows his neighbor's visitors to park on his driveway. He stated some repair shops should only
be allowed to have 10 cars parked on the property over night.
03/27/06 7 DRAFT
Paula Champagne, 6436 Kyle Ave N, inquired as to how many calls came to the City Council
regarding the situation. She suggested that particular situations be allowed a variance to be able
to park more than four cars. She stated the homes in the City were not built for large families.
She stated there is not enough time for one Code Enforcement Officer to handle a11 situations.
She stated the City can not easily control the living situations inside the home, however the City
can regulate what is on the outside of the property. She stated she is saddened by the changes in
Brooklyn Center.
Todd Cameron, 7025 Morgan Ave N, explained that he has several vehicles for his business and
various snowmobiles and a trailer and residents should be allowed to have as many vehicles as
they wish as long as they are operable and licensed.
Steve Sather, 6413 Quail Ave N, stated he is not opposed to vehicles in the dxiveway; however
there should be regulations to protect the appearance of the neighborhoods. He sta.ted concern
with the enforcement of various items lying on the outside of properties.
Sherry Higgins, 6312 Indiana Ave, sta.ted approval for the ordinance and stated people should
have respect for the appearance of their homes and neighborhoods. She stated if vehicles are not
being used or if they are recreational, residents should find a storage facility.
Wileen Reupke, 6425 Quail Ave N, stated she is a 30 yeaz resident of the City. She stated
concern for residential modifications without permits including new driveways. She stated
concern that the permit requirements are not consistent. She sta.ted concern for the number of
people living in some of the homes in Brooklyn Center.
Anthony Kresel, 3606 Urban Ave N, stated there are 7,207 single families in the City, all of
which are not being represented at the public hearing. He stated he does not think there is a
problem with the amount of vehicles on the properties.
Mrs. Robert Niznik, 6318 Indiana Ave, sta.ted concern that the streets of the City look like
parking garages and the City is beginning to look like Lake Street.
Councilmember Lasman moved and Councilmember Carmody seconded to close the Public
Hearing.
I Motion passed unanimously.
Councilmember Lasman stated she has received mostly support for the change. She stated she is
not ready to move on the ordinance tonight because more information is needed on guest
parking. She stated additional work should be done to the ordinance before it is approved.
Councilmember Niesen stated her family has lived in the City for 20 years and there have been
changes. She staxed she has driven around the City to look at the neighborhoods, where she
found issues in every neighborhood. She stated her family has six licensed drivers. She stated
there axe other issues besides just the number of vehicles.
03/27/06 8 DR.AFT
Councilmember Carmody stated recreational vehicles have been discussed at the Housing
Commission level. She stated she is not comfortable passing an ordinance that is poorly written
and would rather target those properties of concern.
Councilmember Carmody moved and Councilmember Lasman seconded a motion to table the
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 for more
I discussion and study.
Mayor Ksagness stated concern that an ordinance would be added that Staff and the Police
Department are not able to enforce. She sta.ted she would rather enforce the current ordinances at
this time because the proposed ordinance needs further revision and discussion. She sta.ted
stronger enforcement of the current laws will make a big difference.
Councilmember O'Connor voted against the same. Motion passed.
I Mayor Kragness thanked those who attended the public hearing to express their concerns.
Councilmember Lasman invited those in attendance to continue their input on the matter.
Councilmember Lasman stated her concern is for the parking of guests and asked how much
time is needed to gather information on changes to accommodate guest parking.
Mr. McCauley stated information could be gathered before the next City Council meeting on the
guest parking issue, however if additional information is desired, more time may be needed.
Councilmember Niesen suggested that the item be discussed at a Work Session.
Councilmember Carmody moved and Councilmember Lasman seconded a motion bringing the
item back for review at the April 10, 2006, Study Session while Staff collects further
information.
Councilmember O'Connor voted aga.inst the same. Motion passed.
10. COUNCIL CONSIDERATION ITEMS
10a. RESOLUTION NO. 2006-44 EXPRESSING RECOG1vITION AND
APPRECIATION OF DONN ESCHER
Mayor Kragness read the Resolution Expressing Recognition and Appreciation of Donn Escher
in its entirety.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of
RESOLUTION NO. 2006-44 Expressing Recognition and Appreciation of Donn Escher.
03/27/06 9 DRAFT
Councilmember Carxnody mentioned many of Donn Escher's accomplishments and
contributions to the City.
Motion passed unanimously.
lOb. PROCLAMATION DECLARING APRIL 2006 AS CHILD ABUSE AND
NEGLECT PREVENTION MONTH
Mayor Kragness read the Proclamation Declaring April 2006, as Child Abuse and Neglect
Prevention Month in its entirety.
Councilmember Lasman moved and Councilmember Carmody seconded to adopt the
Proclamation Declaring Apri12006 as Child Abuse and Neglect Prevention Month.
Motion passed unanimously.
lOc. PROCLAMATION DECLARING APRIL 2-8, 2006, TO BE COMMUNITY
DEVELOPMENT WEEK
Mayor Kragness read the Proclamation Declaring April 2-8, 2006, to be Community
Development Week in its entirety.
Councilmember O'Connor sta.ted the proclamation is a waste of time because the employee's are
paid to do the job. Mr. McCauley responded the proclamation is in honor of employee
recognition.
Councilmember Lasman moved and Councilmember Carmody seconded to adopt the
Proclamation Declaring Apri12-8, 2006, to be Community Development Week.
Councilmember O'Connor voted against the same. Motion passed.
10e. RESOLUTION NO. 2006-45 AUTHORIZING SUBMISSION OF PROJECTS TO
THE SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED
MANAGEMENT COMMISSION 2007-2009 CAPITAL IMPROVEMENT
PROGRAM
Mr. Blomstrom discussed and outlined aspects of the following two projects: Twin Lake Water
Quality Improvements Wetland 639W and Shingle Creek Stream Bank Stabilization and
Restoration.
Councilmember Carmody inquired about the recent Brooklyn Park project. Mr. Blomstrom
responded that the Brooklyn Park project was the first capital project taken on by the Mississippi
Watershed Management Commission.
03/27/06 10 DRAFT
Councilmember Lasman inquired about repairing vegetation around the wetland where people
have mowed. Mr. Blomstrom responded it is to reestablish the bank and the vegetation. The
project will include planting and seeding and getting the vegetation established.
Councilmember O'Connor asked where the phosphorus is coming from and if the windshield
washer fluid from the airplanes is going into the water. Mr. Blomstrom explained that
phosphorus is the most common form of pollution in Minnesota wetlands. He stated he is not
aware of the deicing compounds getting into the creek. Councilmember O'Connor responded if
we stop putting the phosphorus into the creek, this would take care of its self. She stated stop
polluting and the City wouldn't have to spend money cleaning it up.
Councilmember Niesen moved and Councilmember Lasman seconded adoption of
RESOLUTION NO. 2006-45 Authorizing Submission of Projects to the Shingle Creek and West
Mississippi Watershed Management Commission 2007-2009 Capital Improvement Program.
Councilmember O'Connor voted against the same. Motion passed.
10. ADJOURNMENT
Councilmember Lasman moved and Councilmember Carmody seconded adjournment of the City
Council meeting at 9:03 p.m.
Motion passed unanimously.
City Clerk Mayor
03/27/06 11 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 27, 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 9:15 p.m.
ROLL CALL
Mayor/President Myrna Kragness and Councilmembers/Commissioners Kathleen Carmody, Kay
Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager/Executive
Director Michael McCauley, Assistant CiTy Manager/Director of Operations Curt Boganey, and
Deputy City Clerk Camille Yungerberg.
DISCUSSION OF PROCESS FOR HANDLING INDIVIDUAL CITY COUNCIL
MEMBER REQUESTS FOR WORK SESSION AGENDA ITEMS AND FOR
INFORMATION REQUIRING ASSEMBLY OF MATERIALS AND/OR ANALYSIS
Councilmember/Commissioner Carmody stated she would like more detailed information on
how long some of the tasks take and what is involved in producing the information.
Councilmember/Commissioner Niesen stated the City Council has the right and the
responsibility to bring concerns forwaxd. She stated she likes the new format of Work Session
agenda.
City Manager/Executive Director McCauley stated it is important for everyone to be on the same
page as far as expectations and time needed to complete requests.
Councilmember/Commissioner Lasman distributed a list of suggestions, some of which
included: New ideas should be introduced in a very short (1-2 minutes) verbal(or written) format
and Amendments, amended language to resolutions, etc. should be backed up by clear concise
written material.
COUNCIL MEMBER CARMODY: DISCUSSION OF HOUSING COMMISSION LIST
OF POTENTIAL PROJECTS
Councilmember/Commissioner Carmody recommended that the Housing Commission be
composed of one chairperson and six members. She inquired about forming a code enforcement
03/27/06 1 DRAFT
checklist for the winter season. She also suggested looking at housing elements during the future
revision of the Comprehensive Guide Plan.
Mayor Kragness stated she knows of two interested parties. She also suggested that the
Commission be smaller due to the difficulty of achieving quorum with a laxger group.
Councilmember/Commissioner Carmody stated there are currently three members and one chair.
Councilmember/Commissioner Niesen asked about the size of other Commissions. She was
advised that the other commissions have seven members.
Councilmember/Commissioner Niesen suggested that the Housing. Commission drive through
each neighborhood and make suggestions regarding its strengths and weaknesses.
The Council discussed having the Commission look at neighborhoods.
Councilmember/Commissioner Carmody stated concern with the code enforcement of the City.
She stated the Police Department should be forwarding the concerns they observe while in route
to code enforcement.
It was the consensus of the City Council to have six members and one chairperson on the
Housing Commission
Mr. McCauley explained that asking the Housing Commission to look at the neighborhoods
would not involve much Staff time if the Commissioner reviewed a neighborhood and staff
simply recorded the Commissions observations in a report.
It was the consensus of the City Council to have the Commission look at reviewing a
neighborhood and report on issues and suggestions based on that review to the City Council.
DISCUSSION OF CORE VALUES GROUP REQUEST FOR PARTICIPATION
Mr. McCauley discussed the Core Values Group's request for participation and indicated that he
did not recommend participation financially in the group but recommended working with
Association of Metropolitan Municipalities on the issue.
Councilmember/Commissioner Lasman stated the City should not spend any money on the Core
Values group and use existing organizations to achieve the same goals.
It was the consensus of the City Council not to participate financially.
DISCUSSION OF DRAFT 2006 CITY MANAGER EVALUATION FORM
Mr. McCauley discussed the collaboration of the two forms. He suggested that the City Council
review the documents and return with suggestions.
03/27/06 2 DRAFT
MISCELLANEOUS
Councilmember/Commissioner Lasman asked that the City Council read the suggestions for
Council Procedure and comment on them.
ADJOURNMENT
Councilmember/Commissioner Carmody moved and Councilmember/Commissioner Niesen
seconded adjournment of the City CounciUEconomic Development Authority Work Session at
9:54 p.m.
Motion passed unanimously.
City Clerk Mayor/President
03/27/06 3 DR.AFT
City Council Agenda Item No. 7b
r
City of Brooklyn Center
A Millennium Community
TO: Michael J. McCauley, City Manager
r t�/�-
FROM: Sharon Knutson Cit Clerk '�L�}`2
Y �77�
DATE: Apri15, 2006
I
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 April 10, 2006, are as follows:
FIREWORKS TEMPORARY
Randall Herrman dba TNT Fireworks 3245 Co. Rd. 10
MECHANICAL
Dahl Heating Inc 1933 164�' Lane NE, Ham Lake
Kleve Heating A/C 6365 Carlson Dr, Eden Prairie
Marlowe Refrigeration Heating 6325 Bloomington Ave So, Richfield
P& H Services Co 1601 67�' Ave N, Brooklyn Center
St. Cloud Refrigeration 604 Linvoln Ave NE, St. Cloud
MOTOR VEHICLE DEALERSHIP
Luther Brookdale Chrysler Jeep Dodge 6800 Brooklyn Boulevard
Luther Brookdale Chrysler Jeep Dodge 6121 Brooklyn Boulevard
RENTAL
Renewal
6731 Bryant Ave N(Single Family) Chuma Ikeqwuani
NONE
Ewing Square Townhouses (6142-6242 France)
6 Bldgs, 23 Units Ewing Square Associates
1 ASSAULT
1 DISTURBiNG PEACE
Melrose Gates Apartments (6305-6507 Camden Ave N)
6 Bldgs, 217 Units Soderberg Apartment
Specialists
2 ASSAULTS
16 DISTURBING PEACE
1BURGLARY
1 AUTO THEFT
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
763 569-3400
Brooklyn Center, MN 55430-2199
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
4 ALARMS
Brookdale Towers Apartaments (6915-25 Humboldt Ave N)
2 Bldgs, 50 Units Hillaway Investments, LLC
4 DISTURBING PEACE
1BURGLARY
1 AUTO THEFT
Initial
(There were No Calls for the following)
5337-39 Queen Ave N(Two Family) Ambe Funwi
5901 Vincent Ave N(Single Family) Henry Uche Ogbugwelu
SIGNHANGER
Leroy Signs, Inc 6325 Welcome Ave N, Brooklyn
Park
i_
City Council Agenda Item No. 7c
Office of the City Clerk
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Michael J. McCauley, City Mana�er
4
FROM: Sharon Knutson, City Clerk �'��y �j j�ff
DATE: Apri15, 2006
SUBJECT: Application and Permit for a Temporary On-Sale Liquor License Submitted By St. Alphonsus
Church, 7025 Halifax Avenue North, for an Event to be Held Apri129, 2006
St. Alphonsus Parish, 7025 Halifax Avenue North, has submitted an application and permit for a temporary on-
sale liquor license for an event to be held on Saturday, Apri129, 2006. The applicant has satisfied the City's
requirements and submitted the $25 license fee, along with a certificate of coverage for liquor liability insurance.
It is recommended that the City Council approve the application and permit for a temporary on-sale liquor license
submitted by St. Alphonsus Parish. After Council review, the application and permit will be forwarded to the
Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval.
Minn. Stat. 340A.404, Subd. 10 reads as follows:
Temporary on-sale licenses. The governing body of a municipality may issue to (1) a club or
charitable, religious, or other nonprofit organization in existence for at least three years, (2) a political
O committee registered under section 10A.14, or (3) a state university, a temporary license for the on-sale
of intoxicating liquor in connection with a social event within the municipality sponsored by the
licensee. The license may authorize the on-sale of intoxicating liquor for not more than four
consecutive days, and may authorize on-sales on premises other than premises the licensee owns or
permanently occupies: The license may provide that the licensee may contract for intoxicating liquor
catering services with the holder of a full-year on-sale intoxicating liquor license issued by any
municipality. The licenses are subject to the terms, including a license fee, imposed by the issuing
municipality. Licenses issued under this subdivision are subject to all laws and ordinances governing
the sale of intoxicating liquor except sections 340A.409 and 340A.504, subdivision 3, paragraph (d),
and those laws and ordinances which by their nature are not applicable. Licenses under this subdivision
are not valid unless first approved by the commissioner of public safety.
Minn. Stat. 340A.410, Subd. 10 reads as follows:
Temporary licenses; restrictions. (a) A municipality may not issue more than three four-day, four
three-day, six two-day, or 12 one-day temporary licenses, in any combination not to exceed 12 days per
year, under section 340A.404, subdivision 10, for the sale of alcoholic beverages to any one
I organization or registered political committee, or for any one location, within a 12-month period.
(b) A municipality may not issue more than one temporary license under section 340A.404, subdivision
10, for the sale of alcoholic beverages to any one organization or registered political committee, or for
any one location, within any 30-day period unless the licenses are issued in connection with an event
officially designated a community festival by the municipality.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (�63) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www. cityo fbrooklyncenter. org
I
�F�" �'��r
t�� Minnesota Department of Public Safety
ALCOHOL AND GAMBLING ENFORCEMENT DIVISION
444 Cedar Street Suite 133, St. Paul NIN 55101-5133
"'c oa �n+N
(651) 215-6209 Fax (651) 297-5259 TTI' (651) 282-6555
WWW.DPS.STATE.MN.US
APPLICATION AND PERMIT
FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE
TYPE OR PRINT INFORMATION
NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER
1�p�a us C�ur�� c� ��Scj ES 3�v'-E-5
STREET ADDRE�S CITY STATE ZIP CODE
v��j Gi ���r'.r I v'� r� C2�'-f jM SS y Z�
NAME OF PERSON MAKIN PLICATION BUSINESS PHONE HOME PHONE
(!Y1a,.rZ y La.�, �a (�b� S b� S ov (71�� Z�l 9`f v�f
DATES LIQUOR WILL BE SOLD TYPE OF ORGANIZATION
�b C',HARTTA�.E R�EI_.T'C'TTniT�S'l� OTHFR NnNPRn�TT
ORGANIZATION OFFICER'S NAME ADDRESS C
"k" I e- �7OZ-�� C.z l.� x I�
ORGANIZATION OFFICER'S NAME ADDRESS
sS�tZ�
ORGANIZATION OFFICER'S NAME ADDRESS
Location license will be used. If an outdoor area, describe
Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service.
N
Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage.
es
APROVAL
APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL GAMBLING
ENFORCEMENT
CITY/COUNTY �r�Kl f� i� t� DATE APPROVED
CITY FEE AMOUNT LICENSE DATES
DA FEE PAID �IIL
h r W� L �1✓ 1 VIA.A.t/111Vt.�
SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT
NOTE: Submit this form to the city or county 30 days prior to event, Forward application signed by city and/or county to the address
above. If the application is approved the Alcohol and Gambliog Eoforcement Division will return this application to be used as t6e License for the event
PS-09079 (02/OS)
Certificate of Coverage Date :3/23/2006
Certificate Holder This Certificate is issued as a matter of �formation only and
Archdiocese of St. Paul-Minneapolis confers no rights upon the holder of this certificate. This certificate
Chancery Office does not amend, eztend or alter the coverage afforded below.
226 Summit Avenue
St. Paul, MN 55102 Company Affording Cov�age
TI� CATHOLIC MiJTUAL RELIEF SOCIETY
10843 OLD NIILL RD
Covered Location OMAHA, NE 68154
Church of St. Alphonsus
7025 Halifax Avenue North
Bmoklyn Center, MN 55429-1394
Cwerages
This is to ceitify that the coverages listed bebw have been issued to the certificate holder named above for the certificate
mdicated, notwithstand'mg any require�nt, term or condition of any oontract or other docum�t with respect to which this
certificate may be issued or may pertam, the coverage afforded described herem is subject to all the terms, ezclusions and
conditions of such coveragc. Limits shown may have been reduced by paid clanns.
Type of Coverage Certificate Number Coverage Effective Coverage Espiration Limits
Date Date
Property I
Real Personal Property I
General Liability General Aggregate I
Products-Comp/OP Agg
a Occurrence Personal Adv Injury
8589 7/1/2005 711/2006 Eac6 Occurrence '�p�Dpp
Claims Made
IFire Damage (My one fire) I
I Med Ezp (Any one person)
Ezcess Liability
Eac6 Occurrence I
Other
Each Occurrence
S
Description of Operations/Locations/VehicleslSpecial Items
Coverage e�rtends only for claims arising directly from the negligence of the Catholic Church of St. Alphonsus, during the course of their
Cinco de Mayo Dance on Apri129, 2006. Includes Liquor Liability.
Holder of Certificate Cancellation
Should any of the above described coverages be cancelled
City of Brooklyn Center before the eapira 3o date �ereof, the issuing company will
6301 Shingle Creek Parkway endeavor to mail days written notice to the holder of
Brooklyn Center, MN 55430 certific�te named to the let�, bnt failure to mail sach not�e shall
impose no obligaHon or liability of any l�d upon �e c:ompany,
its agents or representatives.
Aut6orized Representative
E
0111002188
City Council Agenda Item No. 7d
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: April 5, 2006
TO: Michael McCauley, City Manager
FROM: Todd Blomstronl, Director of Public Works
SUBJECT: Resolution Authorizing Transfer of Funds from tlie Storm Sewer Utility Fund to
Provide for a Reduction of Chloride Use for Snow and Ice Control Operations
Environmental and economic concerns with the use of chloride based snow and ice control materials have
increased over the past several years. These concerns include the potential impacts to surface waters that
receive storm water runoff from streets and highway as well as recent increases in the cost of chloride
based (road salt) materials.
In 1996, a routine sampling by the US Geological Survey revealed that the level of chloride present in
Shingle Creek was high enough to place Shingle Creek on the Federal Clean Water Act's 303(d) list of
impaired waters far exceeding the chloride standard for aquatic life. The Shingle Creek Watershed
Management Commission has developed a Chloride Total Maximum Daily Load (TMDL) study to
quantify the pollutant reductions necessary to bring the creek back within acceptable limits. The TMDL
study provides recommended irnplementation strategies to reduce the overall discharge of chlorides to
Shingle Creek. The reeommended strategies include the use of better equipment to improve the
efficiency of road salt applications and thus reduce to total volume of material used each year.
Brooklyn Center currently uses an average of approximately 1,500 tons of road salt per year. Salt prices
have increased from $29.22 to $39.94 per ton over the past five years. This represents a 37% increase in
material prices for snow and ice control operations. The trend of increasing salt material prices is
expected to continue in the future.
City staff investigated several equipment options for improving the efficiency of road salt applications
and reducing the overall demand for chloride based materials. The best opportunity to reduce salt usage
is to improve the efficiency with which the material is distributed from the back of the plow truck onto
the roadway. The equipment investigation determined that the Force America SSC 5100 salt distribution
system provides the best balance between equipment cost and the overall reduction in salt use per lane
mile. Several rrtetro area communities and county highway divisions are converting their snow and ice
control equipment over to this type of salt distributor equipment.
Dakota County representatives have indicated that the Force America system has resulted in a net
decrease in salt usage of 30 to 40 percent. Cities would generally have a lower net savings than counties
because city street systems have more intersections and a less uniform application rates. However, the
system is expected to provide a net decrease in salt application rates of 10 percent for Brooklyn Center.
6301 Shingle Creek Park.way Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www. cityo fbrooklyncenter. org
Staff recommends that the City proceed with converting the truck fleet over to the new salt distribution
system as part of the normal replacement schedule currently planned through the Central Garage. The
cost for the new distribution system is $10,400 per truck. The City has ten trucks that are used to
distribute salt. These trucks are on an 11 year replacement cycle. The new distributor system would
also allow for the future use of other ice control materials that contain less chloride content. Staff
anticipates that the City will begin limited use of these newer ice control materials within the next 2-
years.
The reduction of chloride usage is primarily a storm water quality requirement. The City has typically
funded storm water quality improvements and other unfunded mandates for storm water management
from the Storn� Sewer Utility Fund. Staff recommends that the additional cost for the salt distribution
equipment be allocated to the City's Storm Sewer Utility Fund.
Attached for consideration is a City Council resolution authorizing staff to transfer $10,400 from the
Storm Sewer Utility Fund to the Central Garage Fund to provide for the purchase of a salt distribution
systein as part of the replacement of City Vehicle No. 11 (snow plow truck) currently scheduled for
replacement in 2006.
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM THE STORM SEWER
UTILITY FUND TO PROVIDE FOR A REDUCTION OF CHLORIDE USE FOR
SNOW AND ICE CONTROL OPERTATIONS
WHEREAS, the use of chloride based snow and ice control materials has become an
environmental concern of the City of Brooklyn Center due to the recent Total Maximum Daily Load
requirements established by the Shingle Creek Watershed Management Commission; and
WHEREAS, the cost of chloride based snow and ice control materials has increased
substantially over the past five years; and
WHEREAS, the Brooklyn Center City Council desires to reduce the overall usage of chloride
based snow and ice control materials (road salt) while also maintaining the current maintenance levels
for local streets; and
WHEREAS, City Vehicle No. 11 consisting of a snow plow truck, dump body and road salt
distribution equipment is scheduled for replacement in 2006; and
WHEREAS, new equipment technology is available for road salt distribution equipment to
provide for a reduction in the use of chloride based snow and ice control materials by improving the
accuracy and efficiency of distributing road salt materials from the City's snow plow truck fleet; and
WHEREAS, the cost of said road salt distribution equipment should be funded from the City's
Storm Sewer Utiliry Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that the City Manager is hereby authorized to purchase new salt distribution
equipment for Ciry Vehicle No. 11 in the amount of $10,400, said cost shall be funded by a transfer
from the Storm Sewer Utility Fund to the Central Garage Fund.
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. 8a
PROCLAMATION
DEQ,ARING MAY 20, 2006, TO BE KIDS DAY AMERICA/INTERNA7TONAL'�
WHEREAS, the health and well-being of children is our responsibility; and
WHEREAS, the safety of our children is a significant concern for parents, community leaders, and
health care givers; and
WHEREAS, the environmental welfare is of universal concern and deserves the utmost attention;
and
WHEREAS, if started in childhood, proper health, safety, and environmental habits can be
maintained for a lifetime, producing a valued member of society, and enhancing our
community.
NOW, TI�REFORE, I, AS MAYOR OF TI� QTY OF BROOKLYN CENTER, State of
Minnesota, with the consent and support of the Brooklyn Center City Council, do herebyproclaim the
20th of Ma.y, 2006, as Kids Day America/International'�` in Brooklyn Center, Minnesota, and urge
that this daybe dedicated to the efforts of helping educate all children and citizens on the importance of
health, safety, and environmental issues affecting our community.
Anril 10, 200b
Date Mayor
ATTEST:
City Clerk
i i
rnn
N
Dedicated to Children's Health, Safety F� Eraviron�nental Awaren.ess
i i i' i
J Y v
y �'�RY�Y
Dear Mayor Myrna Kragness;
We look forward to our role as the official office representing the twelfth annual
"Kids Day America/InternationalT""" event in Brooklyn Center on Saturday, May
20 2006. "Kids Day America/InternationalT'"" is a special day set aside to
address health, safety, and environmental issues that affect us as individuals and
as a community. It was founded for the purpose of educating families and
communities about these important social concerns. I have enclosed more
information for your review.
Mayors, Governors, and Senators across the nation have signed the official "Kids
Day America/ InternationalT"" proclamation. We are asking the Town Council to
support this community event by signing the proclamation for Brooklyn Center.
Included are several previously signed proclamations for your reference. There
is currently enough support from Mayors and Governors across North America to
bring this program to the White House, creating a national day that recognizes
the enormous contribution many chiropractors have made in educating and
helping the children of their communities. I am also enclosing a copy of the
press release that we would like to distribute upon your recommendation to local
medial and the community.
This year, our event will benefit a local charity. We would like to have you, and
any council member that is able to attend, join us for the festivities. Our ribbon-
cutting ceremony is scheduled to take place at 12:00 pm We would also request
that you sign the official proclamation attached or create your own in support of
the event. Please join us in supporting this momentous international event!
Thank you for your dedication to the children. We look forward to speaking with
you and will follow up with your office next week.
THANK YOU 1^o/
,V��"'
Dr. Thea S. Killeen
Brookdale Health
763-561-4045
email; tkilleen(a7braokdalehealth.com
Drs. Theresa Stuart Warner Fou�aders Kids Day A�nerica International www.childrenswe[Iness.com—
City Council Agenda Item No. 8b
PROCLAMATION
DECLARING APRIL 23-30, 2006, AS DAYS OF REMEMBRANC�
�XIHEREAS the Holocaust was the state-s onsored s tematic ersecution and annihilation of
p Y P
European Jewry by Nazi Germany and its collaborators between 1933 and 1945. Jews
were the primary victixns six million were murdered; Gypsies, the handicapped, and
Poles were also targeted for destruction or decimation for ra,cial, ethnic, or national
reasons. Millions more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of
war, and political dissidents, also suffered grievous oppression and death under Nazi
tyranny; and
WHEREAS, the historyof the Holocaust offers an opportunityto reflect on the moral responsibilities
of individuals, societies, and governments; and
WHEREAS, we the people of the Cityof Brooklyn Centershould always rememberthe terrible events
of the Holocaust and remain vigilant against hatred, persecution, and tyranny; and
WHEREAS, we the people of the Cityof Brooklyn Centershould activelyrededicate ourselves to the
principles of individual freedom in a just society; and
WHEREAS, the Days of Remembrance have been set aside for the people of the City of Brooklyn
Center to remember the victims of the Holocaust as well as to reflect on the need for
respect of all peoples; and
WI�REAS, ursuant to an Act of Con ress ublic Law 96 October 7, 1980) the United States
P g
Holocaust Memorial Cou.ncil designates the Days of Remembrance of the Victirns of the
Holocaust to be Sunday, Apri123, through Sunday, Apri130, 2006, including the
international Day of Remembrance known as Yom Ha.rhoah, Apri125.
NOW, TI�REFORE, I, AS MAYOR OF THE QTY OF BROOKLYN C�NTER, State of
Minnesota, with the consent and support of the Brooklyn Center CityCouncil, do herebyproclaim the
week of Sunday, Apri123, through Sunday, April 30, 2006, as Days of Remembrance in memoryof the
victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, and
further proclaim that we, as citizens of the City of Brooklyn Center, should strive to overcome
intolerance and indifference through learning and remembrance.
Aori110, 2006
Date Mayor
AT1"EST:
City Clerk
Dear Mayor:
The U. S. Congress established the Days of Remembrance as our nation's annual
commemoration of the victims of the Holocaust and created the United Sta.tes
Holocaust Memorial Museum as a permanent living memorial to those victims.
In accordance with its Congressional mandate, the Museum will again lead the
nation in the annual Days of Remembrance of the Victims of the Holocaust. This
year's observances will take place from Sunday, Apri123 through Sunday, April
30, 2006. The Day of Remembrance, Yom Hashoah, is Apri125.
The Museum has designated "Legacies of Justice" a.s the theme for the 2006
Days of Remembrance in honor of the courage of, and the precedents set by, those
who testified during the trials of Nazi war criminals at Nuremberg and other
locations immediately after World War II. The theme also pays tribute to those
who work tirelessly for the cause of justice, both then and now. Reflection on the
prosecution of Nazi perpetrators reminds us that we must take action to prevent
atrocities and vigorously pursue justice for the victims of such acts of hatred and
inhumanity.
We respectfully encourage you to commemorate the Days of Remembrance with
appropriate ceremonies and programs and to issue, as your office has done in the
past, a special Days of Remembrance Proclamation for distribution to your
constituents. A sample is enclosed for your consideration along with a
background piece on the theme is enclosed. For further information on Days of
Remembrance you may wish to visit the Museum's website at www.ushmm.or�.
Situated among our national monuments to freedom, the Museum is both a
memorial to the past and a living reminder of the moral obligations of individuals
and societies. Through educational activities, programs for leaders, and global
outreach, the Museum works to ensure that all generarions, now and in the future,
learn the timely and urgent lessons of the Holocaust.
In today's troubled world the lessons of the Holocaust are more urgent than ever.
We are grateful for your leadership and support in this important endeavor.
Sincerely,
Fred S. Zeidman Sara Bloomfield
Chairman Director
Enclosures
100 RAOUL WALLENBERG PLACE, SW, WASHiNGTON, DC 20D24-2126 TEL 202.486.04DD FAX 202.486.269D www.ushmm.org
City Council Agenda Item No. 8c
THE GREAT SHINGLE CREEK WATERSHED CLEAN UP!
April 22nd thru April 29th
Brooklyn Center and five other cities that make up the Shingle Creek Watershed will celebrate
Earth Day with the "Great Shingle Creek Watershed Clean Up". Beginning Saturday, April 22nd
through Saturday, Apri129th hundreds of volunteers from Plymouth to the Mississippi River will
line the banks of Shingle Creek, picking up everything from pop cans to abandoned vehicles.
Follow a cigarette butt, candy wrapper or empty pop can tossed or blown into the street, and
you're likely to find it littering the banks of one of our streams. That's because rain and melting
snow flow frorn large areas into streams through the storm sewer system. The large area that
funnels water into a stream is called a watershed. As water travels through the watershed it picks
up debris and pollutants and carries them to the stream. If this land is polluted, our river will be
too. That's why we need your help keeping the watershed clean.
In 2005 more than 150 volunteers worked approximately 300 hours in Brooklyn Center cleaning
the banks of Shingle Creek as well as City Parks and roadways. Volunteers collected 86 bags of
debris along with auto parts, cable, bicycles, appliances, electronic equipment, furniture and 10
cubic yaxds of miscellaneous trash.
In 2006 many of the 33 groups affiliated with the Brooklyn Center Adopt-a-Park/Trail/Street
program will concentrate on a cleanup of their assigned sites during the week. Groups and
individuals not already connected with a park, trail or street will be assigned to an area of
Shingle Creek, nearby park, open space or parkway to pick up trash and debris.
If you are interested in participating either as a group or as an individual, call Joyce Gulseth at
763-569-3327 for more information. We will hand out free trash bags and cotton gloves. And,
we'll have coffee, juice and treats to start off your day. The official clean up will take place
from 9:OOA.M. to noon on Saturday, Apri122nd to commemorate Earth Day 2006.
PROCLAMATION
DECLARING APRIL 22-29, 2006,
TO BE TI� GREAT SHINGLE C'�ZEEK WATERSHED CLEANLTP WEEK
WI-�REAS, the City of Brooklyn Center is dedicated to preserving and protecting the water
resources in our watersheds; and
WHEREAS, litter and trash can be washed into our lakes, rivers, and streams, polluting the water and
clogging our storm sewers and storm drains; and
WHEREAS, citizens can take an active role in protecting water resources by picking up litter and
trash and keeping our streets, parks, neighborhoods, and community clean; and
WHEREAS, the Shingle Cxeek and West Mississippi Watershed Management Commissions' annual
event "The Great Shingle Creek Watershed Cleanup" will take place April 22-29, 2006.
NOW, TI�REFORE, I, AS MAYOR OF TI-� CITY OF BROOKLYN C�NTER, State of
Minnesota, with the consent and support of the Brooklyn Center City Council, do herebyproclaim:
1. April 22-29, 2006, to be The Great Shingle Creek Watershed Cleanup Week
2. The City Council hereby reaffirnLS its commitment to protecting and preserving our water
resources and encourages residents, businesses, and institutions to use The Great Shingle Creek
Watershed Cleanup Week 2006 to help prevent water pollution and preserve our watersheds by
participating in a Cleanup Event or byusing this time to pick up trash and clean up our homes,
businesses, streets, neighborhoods, and community.
Auri110. 2006
Date Mayor
ATTEST:
City Clerk
i
PROCLAMATION
DECLARING APRIL 22, 2006, EARTH DAY IN BROOKLYN CENTER
WHEREAS, a sound natural environment is the foundation of a health society and a robust
economy; and
WHEREAS, local communities can do much to reverse environmental degradation and contribute to
building a healthysocietybyaddressing such issues as energyuse, waste prevention, and
sustainable practices; and
WHEREAS, Earth Day20Q6 offers an unprecedented opportunityto commit to building a healthy
planet and flourishing communities.
NOW, THEREFORE, I, AS MAYOR OF THE QTY OF BROOKLYN CENTER, State of
Minnesota, with the consent and support of the Brooklyn Center City Council, do herebyproclaim:
1. Apri122, 2006, is Earth Dayin Brooklyn Center.
2. The Cityof Brooklyn Center commits itself to undertaking programs and proje�ts that enhance
the communit�s natural environment.
3. The City Council hereby reaffirms its comrnitment and encourages residents, businesses, and
institutions to use Earth Day 2006 to celebrate the Earth and to cominit to building a
sustainable society by initiating or expanding existing programs which improve energy
efficiency, reduce or prevent waste, and promote recycling.
Anril 10. 2006
Date Mayor
ATTEST:
City Clerk
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City Council Agenda Item No. 8d
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members C ody, Lasman, Niesen, and O'Connor
From: Michael J. McCauley
City Manager
Date: April 5, 2006
Re: Proposed City Council Code of Policies
This memorandum sets forth the information previously provided regarding the proposed
creation of a City Council Code of Policies. The change to the document from the
previous version is the deletion of the sentence in Section 2.11 Special Assessment And
Internal Loan Interest Rate Policy in 2. A. that read: The internal loan from the Capital
Improvement 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. This was superseded when the City Council
restructured the Golf Course Loan to a principal only payment. Also, Council Member
Carmody provided comments and questions that are set forth after the restatement of the
prior information.
Over the years, City Councils have adopted a number of resolutions that have included
language that included the word "policy". In other instances, City Councils have adopted
resolutions without the word "policy" that have guided actions in a policy fashion. Over
the years, some of these resolutions have been revised or superseded by subsequent
resolutions. The problem that exists is that in the years since the Village was incorporated
in 1911 numerous resolutions have been adopted. There is no organized set of policies
with a table of contents.
I asked Ms. Knutson to review policy resolutions and to develop a compilation of
resolutions. The compilation was reviewed by Mr. Blomstrom to update the standards
related to public works. Otherwise the policies reflect the resolutions referenced in the
compilation.
I am recommending that the City Council adopt a resolution establishing a code
(compilation) of City Council policies. The resolution, in addition to creating a code of
policies, would also repeal any prior resolutions, other than the personnel policy which is
separately compiled and maintained. We could then go forward with a clean slate of
compiled policies that are readily accessed through a table of contents. This would be
similar to the Personnel Policy compilation that organizes all City Council approved
personnel policies in one place.
The City Council handbook would then include a codified set of City Council policies for
easy reference and be supplemented by informational appendices. Adopting this
�6301 Shingle Creek Parkway Rec er ation and Communit Center Phone TDD Number
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
compilation will then permit the revision, repeal, or creation of new policies to reference
sections of the code of policies in the same fashion that sections of the City Code are
revised.
COUNCIL MEMBER CARMODY COMMENTS/OUESTIONS
Page 110 I have a question as to whether we should include the part of Robert's Rule of Order
that say no one should clap, boo or in any way publicly support or criticize a particular speaker.
Page 206 Why do we do that whole long recommitment to the charter every year? I know that
Diane has asked why and I don't remember from history. I know there were some problems with
it when Todd Paulson was mayor and it might be related t� that. The reason I ask is that we don't
really have a choice to follow the charter. We always seem to highlight certain parts. I would
prefer to just have a simple resolution that says we will abide by all provisions of the charter.
Page 210 I found the formulas for special assessments and the calculations for the interest rate,
but I couldn't find that we only assess for street improvement costs and the storm drainage
costs. Should we specifically spell these out if they are policy or did I miss it?
Page 226 I don't know the acronym exactly, but should we mention in the financial section that
we follow GASB? I think we have to but perhaps we want to point out that we do.
Page 232 Should point out that the City Treasurer is automatically the Finance Director or say
that it should be appointed by the City Manager?
Page 236 What are the repercussions if someone does a meter reading that is false and/or
tampers with his/her meter? For instance, I read my meter and I send in the post card that says
we used 100 gallons for three months. I have followed the policy but I lied. Since, I followed the
policy, the city can't check my meter to see if I am telling the truth. What if I do it for years? What
if I tamper with my meter or it breaks and it doesn't register the correct amount of water that I am
using? If it is lower than my actual usage, I am not motivated to tell the city that it is broken. Is
our only recourse when the person dies or moves out?
Resnonse to Council Member Carmodv's items:
As indicated in the proposal to the City Council, the idea is to adopt a Code and then
entertain changes to the Code or to remove sections from adoption altogether. This will
facilitate having the tool available much sooner. I would suggest that the City Council
discuss whether it wishes to have Council Member Carmody's items placed on a future
work session for an in-depth discussion and analysis. Specifically responding to Council
Member Carmody:
Page 110 This is an item the Council could take up if it was interested in discussing for
possible amendment of the Code.
Page 206 The resolution was carried over from past councils and included the revisiting
of the resolution each year.
Page 210 The additional information would not be necessary.
Page 2 04/OS/2006
Page 226 We follow GASB as part of the generally accepted accounting principles.
Inclusion of a reference to GASB could be considered for discussion if the Council
wished to have the policy reviewed.
Page 232 The Charter provides that the City Manager oversees the Treasurer and that
positions may be combined. The City Code also has a similar provision.
Page 236 Todd Blomstrom provided the following response: Residential water meters are
routinely replaced on a schedule of approximately 15 years. Council Member Carmody is correct
in her assumption that a resident could easily provide false water meter readings for up to 15
years before the issue is discovered. If the resident tampers with the meter, the false readings
may never be discovered. This is one of the primary reasons that nearly all of the metro area
communities have either started or already completed a conversion to automatic meter reading
M tem AMR r vi accurate water usa e readin s throu h telemet and will
(A R) sys s systems p o de g g g ry
automatically notify the utility department if a meter has failed or has been tampered with by the
owner.
i
Page 3 04/OS/2006
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.
April 10, 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.
�c
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City of
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Cit Council
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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 Comxnissions, 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.
Alphabetical Listing
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
Purchasing 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
ction I- Ci Council Meetin s, Processes, and Procedures
Se ty g
1.1 Types of Meetings 101-103
1.2 Notice of Meetings ...103
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 COiTNCIL 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 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 POLICIES
2.10 Special Assessment Policy 210-218
2.11 Special Assessment and Internal Loan Interest Rate Policy
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
2.32 Water Utili Meter Readin Polic 244
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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 Policy 250-251
City of Brooklyn Center
Contents 3 City Council Code of Policies
PURCHASING POLICIES
2.50 Ci Purchasin Polic .........................................252
ri g y
2.51 Ci Dis osal of Pro e Polic 253
ri p m� y
DEVELOPMENT AND HOUSING POLICIES,
2.60 Housing Bond Policy Procedures 254-255
2.61 Business Subsid Polic 257-258
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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 261-262
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.......... 266-269
2.93 Long-Term Deer Population Management Plan
2.94 Employee Recognition Program
2.95 Business Ethics Policy 2�2_2�5
SECTION I- CITY COUNCIL MEETINGS PROCESSES AND PROCEDURES
Ciry Council Code of Policies
Table of Contents
l.l Types of Meetings 101-103
1.2 Notice of Meetings .................................................................................................................................103
1.3 Parliamentary Procedure 104-106
1.4 Order of Business ...................................................................................................................................106
1.5 Varying Order ........................................................................................................................................106
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 ....................................................................................................................................110
1.11 Questions to be Stated ............................................................................................................................110
1.12 Maintenance of Order .............................................................................................................................110
1.13 Motions 111-112
1.14 Duties at First Meeting of City Council 112-113
SECTION I- CITY COUNCIL MEETINGS, 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 after 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
1. 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 being 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 MEETINGS, 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 far service of legal process, stating:
i. That the Council intencls 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 hearing shall be not less than ten (10)
days from the date the notice described in paragraph 5(A) was
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
fact excused;
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 an other le al reason wh the Council should
Y g Y
not declare the position vacant.
City of Brooklyn Center March 2006 Page 102
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i. Following the hearing the Council shall determine whether to
declare a vacancy in the position and, if so, shall proceed in
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 are not on the agenda. Informal 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
his/her 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.
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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.
1. 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 Presidin Officer and
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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 Offi�er, 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 remaxks, reflections as to integrity, abusive comments, and
statements as to motives and personalities.
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F. Any Council Member may move to require the Presiding Officer to enforce the
rules. Upon the affirmative vote of a ma�ority of the Council, the Presiding
Officer shall do sa
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
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 leave 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
am opposed to this action for the following reasons:"
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11. Rulings of Presiding Officer 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.
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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. Rules 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.
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,
noncontroversial nature that they need minimal Council deliberation. The City Council
desires to handle these agenda items as expeditiously as possible in order to provide more
time for significant agenda items. The City Charter provides in Section 3.03 (rules of
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r cedure and m that it Council shall determine its own rules
and order of
o uoru the C
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business. The City Councii 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
nzles 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.
I 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 ro osed amendment has been resented to the Cit Council in a written form
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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 form allowing for sufficient copies to be made for all City Council members,
the Deputy Cierk 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 tirne to prepare a written proposed
I 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 dra$ Cit Council minutes that have been tabled will be in order or
Y
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 meetin at which the minutes were tabled
g
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Reference: City Council 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
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.
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:
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A. City Staff introduces item and gives staff report and recommendation
B. Questions of Staff by Council
C. Presiding Officer opens Public Hearing
1. Cominents 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 commission, 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.
City of Brooklyn Center March 2006 Page 110
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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
The Presiding Officer is responsible for the maintenance of order and decorum at all times. No
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.
1. Motions Out of Order
With majority 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
When a motion is before the Council, no other motion shall be entertained except the
following which shall have precedence in the following order:
Adj ourn
Fix Hour of Adjournment
Table
Limit or Terminate Discussion
AmendPostpone
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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 motion 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.
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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
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 ...........................................................................................209
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 .......................................................................................................244
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 Capital Reserve Fund Policy 250-251
PURCHASING/DISPOSAL OF PROPERTY
2.50 City Purchasing Policy ...........................................................................................................................252
2.51 City Disposal of Property Policy ............................................................................................................253
DEVELOPMENT AND HOUSING
I 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 ............................................................................................................259
2.71 Residential Stop Sign Policy ..................................................................................................................260
SCHEDULE FOR PROFESSIONAL SERVICES
II 2.80 Policy 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 ..............................................................................264
2.91 Bias/Hate Crime Response P1an .............................................................................................................265
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 ....................................................................................270
2.94 Employee Recognition Program ............................................................................................................271
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 Systems 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 res onsible for selecting his/her own Internet
P
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 ood 'ud ent in both the t e of inessage created and in
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the tone and content of inessages. E-mail messages must be able to withstand
City of Brooklyn Center March 2006 Page 201
SECTION II GENERAL POLICIES
City Council Code of Policies
public scrutiny without embarrassment 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
standards 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 of:
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
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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 slhe indicates on the Yoice 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 chaxges 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
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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 (NAMEI does not keep business hours at City Hall, but s/he does check
voice mail every (FREOUENCYI.
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 andlor Bl.
Please choose the option(s) you would like:
A) you may try to contact Mayor/Council Member (NAME� at (ALTERNATIVE
LOCATION) at (PHONE NUMBERI. Again, that number is (PHONE NUMBER).
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."
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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 (DATEI.
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
(NAME), please speak slowly and distinctly, and leave your name, phone number and a brief
message after the tone."
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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 Council/Manager 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
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2.05 Policy and Procedure on Mayor and Council Member Total Compensation
1. 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 ursuant to this olic and rocedure shall be deemed to be the
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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 year.
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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 Mayar 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
i
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2.06 Policy on City Council Out-Of-State Travel
l. When Appropriate
conference, course, or training opportunity in the continental United States
sponsored by:
I 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 required to get to conference events and lodging
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 A roval of Travel
PP
as art of the annual bud et rocess the Cit Council will identi the maximum
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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; ar
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
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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
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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
I Interest is char ed at a rate established b the Cit Council at the time of
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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
l. 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
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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 R1, 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:
l. 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 Rl 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.
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For th r ies zoned R1 or R2 havin fronta e on two or
e. ose p opert g g
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 parking 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 1.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
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benefit the properties in accordance with Section 1.C.,
while the residential properties will be assessed in
accordance with Section 1.C.
3. Other Streets
a. Commercial and industrial properties abutting streets which are 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 American
Insurance Association (formerly National Board of Fire Underwriters).
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Service lines to the property line of each known or assumed building location
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.
I
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
axe 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
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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 project 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 year 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.
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4. Assessment Deferral Program
There shall exist a program to defer a portion of the special assessments of qualifying
persons under the provisions of Minnesota Statutes 435.193 through 435.195. Said
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
of the levy against the applicant's property which requires a first year
installment payment which, when added to the applicant's annual
payments from previously existing special assessment levies, would result
in an aggregate total of special assessment installments totaling more than
1 1/2 percent of the applicant's annual income. The portion of the current
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.
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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:
l. 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
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2.11 Special Assessment and Internal Loan Interest Rate Policy
1. Policy Objective
The obj ective 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
prepayrnents 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.
B. 1. 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 maxket interest
rates. The resulting interest rate shall be rounded to the nearest half percent.
Reference: City Council Minutes 5/13/96
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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)
Buildings/Building improvements (excludes $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 T,ype I Examples I Useful Life
Non-infrastructure
Furniture and furnishings I Desks, tables, chairs I 5 years
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 years
attachments
Other equipment Recreation equipment, 10 years
custodial equipment,
engineering equipment
Improvements Parking lots, sidewalks, fences I 25 years
Buildings I Buildings, park shelters I 25 years
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I
Infrastructure
Water systems I Trunks, mains, towers, pumps I 25 years
Sewer systems I Trunks, mains, lift stations I 25 years
I Storm sewer systems I Trunks, mains, ponds I 25 years
Street light systems I Street lights I 15 years
Traffic control systems I Signal lights 15 years
Streets I Paved 25 years
Reference: City Council Resolution No. 2002-185
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2.21 Financial Management Policies
1. Purpose
The City of Brooklyn Center has a responsibility to its citizens to caxefully 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. Ob j ectives
In order to achieve this ose, this lan has the following objectives for the City's
P�P P
fiscal performance:
A. To protect the City Council's policy-making ability by ensuring that important
policy decisions axe 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.
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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 proj ection 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 proj ects.
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B. Revenue Policies
l. 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 t�es.
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
1. 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.
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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 (Ta�cable Valuation)
Agreements on all projects in which the City is providing development
assistance through tax 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 taxget 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
I 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.
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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 ma�cimum 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
l. 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 ta�cpayers 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 maj or 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 firtn will perform an annual audit and
will publicly issue an opinion concerning the City's finances.
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G. Risk Management Policies
1. 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 wi1L•
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
l. 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 rollin� over short-term
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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 arderly 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 ears. Pro'ections will include estimated
Y J
operating costs of future capital improvements included in the Capital
Budget.
12. The Operating Budget will describe the major goals to be achieved, and
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.
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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
I
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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
issues where the inveshnent of such proceeds is specifically governed by the bond escrow
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.
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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
above. The core of investments are limited to relatively low risk securities in
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
interest rates.
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,
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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
financiaUinvestment 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 operation 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
To ensure the competence of its investment officials, the City shall provide the
opporiunity 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.
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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 safekeepin�. Securities purchased from any bank or dealer shall
be placed with an independent third 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 dele�ation of authoritv to subordinate staff inembers. Officials must
have a clear understanding of their authority and responsibilities to avoid
improper actions. Cleax 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.
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t 7. Indenendent 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:
1. 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.
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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
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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
1. 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.
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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
1. 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.
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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 procedure, special assessment against the property shall be considered as a
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 property 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.
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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 hearing, for each special assessment sustained by the City
Council, the ro ert owner shall have the option:
P P Y
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.
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 ta�c 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:
1. 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 a ent in full to the Cit
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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 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. 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 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.
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
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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.
1. 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 ax�d will include a fee
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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:
ust com lete and si a Cit form re uestin and
1. The ro ert owner m gn y q g
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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 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.
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
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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
I 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 entez 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 semor 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.
I 5. Falsification of information submitted on the a lication or failure to notify the City of
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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.
I 6. The sanitary sewer rate for the elderly shall be equal to 55% of the rate established
annually for single-family homes.
I Reference: City Council Resolution Nos. 97-215; 86-155; 83-124
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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
discontinned 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 are 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
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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 j oint 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 ori 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 budget at a level necessary
for the rovision of the service.
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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 timel a lication for fundin the Cit Council will consider the
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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
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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
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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.
2. Source of Funds
The sources are ad-valorem ta�es, 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 proj ects 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 proj ects
having an aggregate value in excess of $50,000. The types of expenditures contemplated
by this policy include projects such as:
City of Brooklyn Center March 2006 Page 247
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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 ex enditures from the ca ital im rovements fund and infrastructure construction
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fund are to be used far general governmental capital needs and not for enterprise fund
capital needs, except as the general governmental portion of a �omt pro�ect 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 tl�rough 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-year Capital Improvement
Program for at least two years.
2. Additionally, the five-yeax Capital Improvements Program must be approved by
the City Council at a public hearing on an annual basis.
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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 of Brooklyn Center March 2006 Page 249
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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, stortn, 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.
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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 $l,OQ0,000, 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
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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 m 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 of Brooklyn Center March 2006 Page 252
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DISPOSAL OF PROPERTY
2.51 City Disposal of Property Policy
The policy of the City of Brooklyn Center shall be to follow Minnesota State Law regarding
disposal of public property. It is necessary from time to time for the City to dispose of surplus,
unused, or unneeded equipment or supplies. Such property includes supplies and equipment,
including electronic equipment, that have no market value or nominal market value or the cost of
environmentally sound disposal is more than its value. It is in the best interests of the City for
the City Manager to dispose of such property without incurring undue or unnecessary costs or
commitment of staff resources in order to properly dispose of such property.
The City Manager is authorized to dispose of surplus, excess, or unneeded property that, because
of its state of disrepair, obsolescence, or other cause, is no longer of use to the City, in
accordance with the following procedures:
1. Such property may be transferred to any other public agency to which transfer is
authorized by Minnesota Statutes, Section 471.64, or other Statute governing the transfer
of property from a City to another public agency.
2. When the City Manager determines that the cost of lawful and environmentally sound
disposal of property exceeds its fair market value, the City may transfer such property to
any party willing to receive the property at the lowest cost to the City or may dispose of
the property through any duly authorized public authority receiving such property for
disposaL
3. Disposal of property determined to be of value will be accomplished consistent with
applicable State Law.
Reference: City Council Resolution No. 2005-108; 2004-16; 2000-197
City of Brooklyn Center March 2006 Page 253
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DEVELOPMENT AND HOUSING POLICIES
2.60 Housing Bond Policy Procedures
1. Application
A. Applicant will submit a written application that acknowledges that the City has,
and reserves, the right to decline to issue bonds or other assistance at any time, in
the absolute and sole discretion of the City CounciL
B. Applicant will pay non-refundable application fee of $5,000 for bond request of
$5,000,000 or more and $3,000 for bond requests less than $5,000,000 to cover
City costs in processing and considering the application. If such funds are
exhausted, the City may decline to proceed with consideration of the application
until additional funds are paid to cover additional City expenses.
C. Applicants will identify all significant investors and principals (more than 5%
ownership interest, officers, partners, etc.). Applicants will identify, as to the
applicant, and all significant investors and principals:
l. All housing developments in which such person has, or has had, an
interest.
2. For each such development, provide the address of the development and
the name, address and telephone number of the chief appointed executive
or administrative officer of the municipality in which the development is
located.
3. For each such development, whether any criminal citations, charges or
complaints were issued, whether or not they resulted in convictions,
against any owners or managers for violations of building, housing
maintenance, rental licensing or similar laws, rules or regulations during
the period in which the individual had an ownership interest. For each
such citation, charge or complaint indicate the jurisdiction, date or dates of
the alleged offense and final resolution.
4. For each such development, whether the local licensing authority ever
revoked, suspended or declined to a renew rental license; served notice of
intent to revoke, suspend not renew a license; or conducted a hearing on
specified charges, complaints or violations of building, housing
maintenance or rental licensing laws, rules or regulations that could have
resulted in revocation, suspension or non-renewal of a license during the
period in which the individual had an ownership interest. For each such
instance indicate the jurisdiction, date or dates of the incident and final
resolution.
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D. Applicant will identify managers or proposed managers of the facility and, as to
each manager or proposed manager and the officers, significant investors and
principals of the manager, provide the same information identified in Subsection
C.
E. Applicant will provide detailed information on the sources and uses of funds
received in connection with the financing or refinancing.
F. For existing facilities applicant will present a detailed survey of the facility
prepared by qualified professionals, including but not limited to: structural
conditions; condition of roof, doors, windows and any other potential points of
infiltration of air or water; mold; building exterior; life/safety systems and
equipment; plumbing and HVAC systems; and unit interiors.
G. Applicant will submit a detailed building maintenance, repair and replacement
program and schedule including a description of sources of funds or financing
available to pay for such program. For existing facilities the program will
describe when and how all deficiencies identified in the building survey will be
addressed.
H. Applicant will describe all plans to provide security, maintain habitability and
avoid crime (the Security and Crime-Free Housing Plan). Such plan could
include tenant screening procedures and policies, tenant rules and regulations,
lease terms, physical building security, on-site management, etc.
2. Contract Terms
A. Covenants on use of funds, maintenance, compliance with laws and liability will
be enforceable by the City as well as the Trustee.
B. A licant will a the Cit attorne 's and consultant's fees and costs for all
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litigation or administrative actions to enforce covenants.
C. Applicant will provide and maintain an irrevocable letter of credit, in an amount
specified by the City, that the City may draw upon if applicant fails to pay City's
fees and costs. The letter of credit may also be drawn upon for payment of
liquidated damages for false, incomplete or misleading statements in the
application.
D. Applicant will comply with representation about the use of funds secured by the
financing or refinancing. The applicant will provide evidence of such expenditure
of funds and books and records of the applicant will be available for inspection by
the City or its authorized representatives. Funds remaining after all work
identified as work to be accomplished with the proceeds of the financing or
refinancing, will be deposited in a building maintenance fund.
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E. Applicant will comply with the maintenance repair and replacement program
approved as a part of the application process and provide quarterly reports with
such detail as is requested by the City to verify compliance.
F. Applicant will comply with the Security and Crime-Free Housing Plan approved
as a part of the application process and provides quarterly reports with such detail
as is requested by the City to verify compliance.
G. Applicant will comply with all federal, state and local laws, regulations, and
ordinances relating to licensing, housing maintenance, building and fire codes or
habitability.
H. The applicant may not transfer the facility or change managers without City
consent. The City will not be required to consider approval of a transfer of
ownership or change of manager until all information on the transferee or new
manager that is required by this policy for the initial applicant or manager has
been provided to the City and the City has had adequate time to review such
information and investigate the background of the proposed transferee or new
manager.
I. Failure to comply with these requirements is an event of default and City, as well
as the Trustee, may exercise appropriate remedies for default under the bond
documents.
3. Waiver
The City may waive or modify any of the requirements of these Procedures in its absolute
and sole discretion if it determines that the public interest is adequately protected without
full compliance with these Procedures. In deciding whether to waive or modify
procedures the City may consider such factors as: whether the bonds are an initial issue
or refunding bonds, the past experience of the City with the applicant, the condition of
the facility, and the proposed use of bond proceeds.
Reference: City Council Resolution Nos. 2003-75; 94-177
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2.61 Business Subsidy Policy
The following business subsidy policy is intended to satisfy the requirements of Minnesota
Statutes, Sections 116J.993 and 116J.994 (the "Act"), in particular, Section 116J.994,
subdivision 2, thereof. Terms used but not defined herein have the meaning given them in the
Act. The term "City" shall mean the City of Brooklyn Center. The term "Project" means the
property with respect to which the Business Subsidy is provided.
1. Mandatory Criteria
All Projects must comply with the following criteria:
A. But For Test. There is a substantial likelihood that the Project would not go
forward without the Business Subsidy. This criterion may be met based solely on
representations of the recipient of the Business Subsidy.
B. Wa�e Policv. If the Project results in an obligation to create new jobs pursuant to
a subsidy agreement, the wage for each part-time and full-time job required to be
created pursuant to the subsidy agreement shall, within two years of the benefit
date, pay at least $7.00 per hour.
C. Feasibilitv. The recipient must demonstrate to the satisfaction of the City that the
Project has been adequately financed and either has been or will be completed in a
timely fashion.
D. Comnliance with Act. The Business Subsidy must satisfy all requirements of the
Act.
2. Evaluative Criteria
The following criteria recognize that the award of a Business Subsidy may serve a variety
of public purposes of varying importance depending upon the specific Project facilitated
by the Business Subsidy. The degree of importance to be attached to various public
purposes which may be served by a particular Project must therefore involve the exercise
of sound judgment after weighing all relevant criteria. Not all evaluative criteria will be
applicable to all projects.
In any event, the City may disregaxd any evaluative criterion it determines to be either
irrelevant or unimportant in the case of the particular project, as permitted by the Act.
The evaluative criteria are as follows:
A. Jobs. The number of full-time equivalent jobs to be created or retained by the
proposed Proj ect for a period of at least two years from the estimated benefit date.
B. Tax Base. The net increase in property taxes estimated to be generated by the
Project in the first full year of operation.
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C. Services to the Communitv. Whether the Project will provide services or
facilities needed in the community. For example, the Project may provide needed
health care services, commercial facilities, or other services or facilities needed in
the community.
D. Bli�hted Pronertv. Whether the Project is located on property which is, or is
likely to become blighted, and is not likely to be developed or redeveloped
because of the blight or other adverse conditions.
E. DesiQn and/or Other Amenitv Concessions. Whether, as a result of the Business
Subsidy, the Project will include design and/or amenity features not otherwise
required by law.
F. Comnatibilitv. Whether the Project is compatible with the comprehensive plan.
G. Utilization of Existine Infrastructure Investment. Whether and to what extent the
Project will utilize existing public infrastructure capacity or will require additional
publicly funded infrastructure.
H. Levera�ed Public Funds. The ratio of private funds which will be applied towards
the capital cost of the project compared to the Business Subsidy.
I. Other Factors. Depending on the nature of the Project, such other factors as the
City may deem relevant in evaluating the Project and the Business Subsidy
proposed for it.
Reference: City Council Resolution No. 00-20
City of Brooklyn Center March 2006 Page 258
SECTION II GENERAL POLICIES
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STREET/ALLEY LIGHTING AND RESIDENTIAL STOP SIGNS POLICIES
2.70 Street and Alley Lighting Policy
1. A street light may be installed at every intersection of two or more public streets open for
traffic within the City. On any streets with a curb-to-curb width in excess of 52 feet, and
where there is normally a significant amount of pedestrian traffic, two street lights may
be installed at each intersection.
2. Mid-block street or alley lights may be installed in any block in which the centerline to
centerline distance between cross streets is greater than 700 feet, upon receipt of a
petition signed by a majority of the residents on the block, including the signatures of the
residents adjacent to the specific location where such mid-block light is requested.
Before the street light can be installed, property owners located adjacent to the proposed
street light must dedicate utility easements to the extent necessary for connection of the
proposed street light to the electrical distribution system. In such instances, additional
street or alley lights may be installed so that the distance between street lights does not
exceed 700 feet.
3. Additional street or alley lights will be considered for individual approval upon receipt of
a petition from the property owners in the affected area, or upon recommendation from
the Chief of Police or from the Director of Public Works when such petition or
recommendation demonstrates a specific warrant affecting traffic safety or public safety.
4. The type of lights installed under the provisions of the above three paragraphs shall be as
follows:
A. If the electrical distribution system within the area is overhead, the light shall
consist of a steel mast arm and luminaire mounted on a conventional wood pole
with overhead electrical service.
B. If the electrical distribution system within the area is underground, the light shall
consist of a steel mast arm and luminaire mounted on a conventional wood pole
with underground electrical service.
C. The size of luminaries to be installed shall be as follows:
Hi�h Pressure Sodium
On collector and arterial streets 250 watt
On local residential streets 150 watt
5. All street and alley lighting requests and installations should be coordinated through the
Director of Public Works.
Reference: City Council Minutes 2/12/96; City Council Resolution No. 90-88
Ciry of Brooklyn Center March 2006 Page 259
SECTION II GENERAL POLICIES
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2.71 Residential Stop Sign Policy
The purpose of this policy is to provide for fair and uniform treatment of requests for Stop signs
in residential areas. Such requests are evaluated by the City's Administrative Traffic Committee,
and subj ect to appeal to the City Council.
1. The provisions of the Manual of Uniform Traffic Control Devices shall be followed.
2. The Administrative Traffic Committee should review speed data, accident records, clear
view triangle surveys, and any other relevant data when considering a Stop sign at a
particular location.
3. If a sight obstruction in the clear view triangle is contributing to the sense of danger at the
intersection, or to a history of accidents at the intersection, staff should order the removal
of that obstruction, according to City ordinances, before considering a Stop sign.
4. If an intersection experiences three or more recorded right angle accidents in a three year
period, Stop signs should be considered.
5. If average speed at the 85th percentile is more than five miles per hour over the speed
limit, then police should increase enforcement in the area for one year, before considering
a Stop sign.
6. Absent en 'neerin data which clearly indicates the need for a Stop sign, a residential
g
intersection should be left uncontrolled.
Reference: Administrative
City of Brooklyn Center March 2006 Page 260
SECTION II GENERAL POLICIES
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SCHEDULE FOR PROFESSIONAL 5ERVICES POLICIES
2.80 Policy and Procedure on Requests for Proposals for Financial Professional Services
1. Need for Policy
The City needs a policy and procedure to provide for the orderly conduct of requesting
proposals for professional services for handling financial affairs, to ensure that all
services will be periodically reviewed, and that the proper balance will be maintained
between cost and quality of services.
2. Policy
A. All professional services in the area of City finances will be periodically let out
for request for proposals (RFPs) according to an established schedule.
B. Service levels will be monitored by the City Council and Staff and if
unsatisfactory service is received, that contract will be re-advertised prior to the
year set in the schedule.
C. Quality of service will be the primary factor in awarding a contract for
professional service, but cost will also be a determinant.
3. Procedure
A. A schedule shall be established for the conduct of RFPs. The schedule should be
adhered to unless there is a performance problem or other justification for an
earlier RFP. Going to the market too frequently with RFPs expends Staff time,
requires extensive orientation of new professionals, and discourages quality firms
from submitting proposals at their most attractive price since they will expect to
only have the contract for a short time.
B. Specifications tailored to the professional service to be advertised will be
prepared by Staff, reviewed by the Financial Commission, and approved by the
City Council.
C. A review committee made up of the City Manager and Finance Director shall
review proposals for Banking Services, Insurance Agent, Risk Management
Consultant, and Custodian for Investment Securities. Proposals for Auditor and
Financial Advisor shall be initially screened by Staff, and then reviewed by a
committee of City Council Members and Financial Commission Members
appointed by the Mayor in consultation with the Chair of the Financial
Commission, with the approval of the City Council, which committee shall also
include the City Manager and Finance Director.
Ciry of Brooklyn Center March 2006 Page 261
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D. The specifications will emphasize the abilities, qualifications, and experience of
the applicant firms to provide high quality service to the City. Price will be
considered after one or more applicants have been identified as providing the
desired quality of service. When appropriate, the specification shall require prices
to be submitted in a separate, sealed envelope to be opened after applicants have
been ranked according to quality.
E. The City Manager shall make a recommendation to the City Council of a provider
to be appointed to a multi-year engagement. It shall be written in the engagement
that the appointment may be terminated earlier.
�����`c���e ����ec�ue�t� �Q�osa�����'��
Se�ic�
Prof�ssi t�a��� Financial Banking Insurance Agent Risk Management Custodian for Auditor
dvisar Services Consultant investment
for bond sales securities
�Iorir►al interual 6 years 6 years 6 years 6 yeazs 6 years 6 years
Betyv;een I��P�
�,as[�RF`�'� s��,� 1998 1996 1990 1999 1998 l 994
2�00,:� I I I I I I
z�t���r�� e:;__r.__ "I I I I I I�p I
��nz����� I�P I I I I I
xot►���'�`� 1 I I�'P I�P I I I
zoo� ��Y x�'P I I I I I I
2oa�:; I I I I�P I I
zoo�:: I I I I I I
Reference: City Council Resolution Nos. 2000-120; 99-20; City Council Minutes 5/28/96
City of Brooklyn Center March 2006 Page 262
SECTION II GENERAL POLICIES
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2.81 Schedule for Requests for Proposals for Legal Services
The City Council wants to ensure that legal services will be periodically reviewed and that the
proper balance will be maintained between cost and quality of services. The City Council
resolves that requests for proposals for civil and criminal services be solicited on an alternating
four-year basis, and the schedule should be adhered to unless there is a performance problem or
other justification for an earlier request for proposal. The schedule for soliciting requests for
proposals for legal services is as follows:
Criminal Law Services every four years beginning 1997
Civil Law Services every four years beginning 1999
Reference: City Council Resolution No. 97-186
City of Brooklyn Center March Z006 Page 263
SECTION II GENERAL POLICIES
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MISCELLANEOUS POLICIES
2.90 Policy for the Sale of Salvaged Street Name Signs
The City Council desires to make available to the public for purchase street name signs which
have been removed and would otherwise be salvaged. Such salvaged signs shall be made
available on a first-come, first-served basis, at a cost intended to represent the salvage value of
the sign plus an appropriate handling fee. The City Manager is hereby authorized and directed to
establish a program for the sale of salvaged street name signs on the basis of this policy. All
proceeds from the sale of these signs shall be deposited in the Traffic Control Signs and Striping
Materials line item in the General Fund budget.
Reference: City Council Resolution No. 00-43
i
City ofBrooklyn Center March 2006 Page 264
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291 Bias/Hate Crime Response Plan
The City Council wishes to take a proactive approach to making and keeping Brooklyn Center a
positive place to live, work, and visit for all persons. In response to a bias/hate crime, and at the
victim s re uest the followin will occur:
q g
1. Immediate Response.
A. Upon receiving notice from the staff liaison of an incident, an assigned Responder
will call the victim to set up a visit.
1. This visit will allow the responder to ask questions to determine which
community partners to notify (according to victim's requests and LMHRC
guidelines).
2. The victim will be given a disclaimer that the Responder is not a legal
advisor or investigator.
I 2. Initiate Network Response.
A tif the n and Ma or of the res onse.
No y staff haiso y p
B. Contact the State Project Coordinator, LMHRC, to seek support and ensure that
the Minnesota Department of Human Rights is notified.
C. Identify if the affected area is participating in a neighborhood watch program.
Crime watch coordinator would contact the neighborhood watch block captain.
The goal would be to have one of the victim's neighbors attend the interview, thus
adding a familiar face to the process.
D. The City staff will send letters to the media, conduct interviews with local cable
channel, and plan/conduct community-wide response when appropriate, and first
and foremost with the victim's approvaL
I E. Conduct follow-up contact. Follow-up contact should be made within one week,
in person or by phone. Check on any recurrences, other problems, and offer
continued support.
F. Subsequent follow-up within one month (if appropriate).
G. The team and network representatives involved in the response shall meet as
necessary, review the process, and take action or make needed changes.
3. Review Response.
A. The Response Team shall review the overall process.
B. The Response Team shall send letters of appreciation to the network
representatives involved.
C. The Res onse Team shall inform the City Manager and Police Chief of the
I
P
outcome.
Reference: City Council Resolution No. 97-79
I City of Brooklyn Center March 2006 Page 265
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2.92 Policy Regarding the Use of City Water Towers for Personal Wireless Service Facilities
This policy is established as a guide to City staff in the preparation and administration of site
lease agreements which would permit the location of antenna arrays and ancillary equipment
("facilities") for personal wireless services on City-owned water towers.
1. Policy Objectives
City actions taken with regard to telecommunication activities must comply with a
number of federal parameters established by the Telecommunications Act of 1996. For
example, local actions must foster rather than discourage competition, thus the City will
not discriminate against one or a group of providers in favor of another or another group
of providers or potential providers. Under the same act, local actions which result in a
prohibition on provision of telecommunication services are invalid. Thus staff is directed
to facilitate establishment and provision of lawful wireless telecommunications services
with the following local objectives in mind.
A. Minimize the overall number of sites through co-location requirements;
B. Insure that facilities will be safe and blend into their environment when possible;
and
C. That they be placed in suitable locations with residential locations being a last
resort.
2. Policy Regarding Use of City-Owned Water Towers for Personal Wireless Service
Facilities
A. Introduction
The City of Brooklyn Center has received requests from personal wireless service
providers to place antenna arrays and ancillary equipment ("facilities") on City-
owned water towers. The Brooklyn Center City Council has determined that a
uniform policy for reviewing these requests is desirable.
B. Priority of Users
Priority for the use of City-owned water towers for telecommunication facilities
will be given to the following entities in descending order:
1. City of Brooklyn Center;
2. Public safety agencies, including law enforcement, fire, and ambulance
services, which are not part of the City of Brooklyn Center and private
entities with a public safety agreement with the City of Brooklyn Center;
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3. Other govemmental agencies, for uses which are not related to public
safety; and
4. Entities providing licensed commercial personal wireless services
including but not limited to cellular, personal communication services
(PCS), specialized mobilized radio (SMR), enhanced specialized
mobilized radio (ESMR), paging, and similar services that are marketed to
the general public.
C. Minimum Requirements
The placement of personal wireless service facilities on City-owned water towers
must comply with the following requirements:
1. The facilities will not interfere with the purpose for which the water tower
is intended;
2. The facilities will have no adverse impact on surrounding private property;
3. The applicant is willing to obtain adequate liability insurance and commit
to a lease agreement which includes equitable compensation for the use of
the water tower, and other necessary provisions and safeguards. The fees
shall be established by the City Council after considering comparable rates
in other cities, potential expenses, risks to the City, and other appropriate
factors.
4. The applicant will submit a letter of credit, performance bond, cash
deposit, or other security acceptable to the City to cover the costs of the
facility's removal;
5. The facilities will not interfere with other users who have a higher priority
as discussed in Section B regarding Priority of Users.
6. Upon reasonable notice, the facilities may be required to be removed at
the user's expense;
7. The applicant must reimburse the City for any costs which it incurs
because of the presence of the applicant's facilities;
8. The applicant must obtain any necessary land use approvals; and
9. The applicant will cooperate with the City's objective to promote co-
locations and thus limit the number of separate antenna sites requested.
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D. Special Requirements
The use of City-owned water tower sites, for personal wireless service facilities
brings with it special concerns due to the unique nature of these sites. The City's
water towers represent a considerable public investment and play a vital role in
the operation of the City's water distribution system. For these reasons, the
placement of personal wireless service facilities on water tower sites will be
allowed only when the City is fully satisfied that the following requirements are
met:
l. The applicant's use of the facility will not pose a risk to the City's water
supply;
2. There is sufficient room on the structure and/or on the grounds to
accommodate the applicant's facilities;
3. The presence of the facilities will not increase the maintenance costs to the
City;
4. The presence of the facilities will not be harmful to the health of workers
maintaining the water towers; and
5. The applicant's facilities will confortn to the City's standards for
appearance.
E. Application Process
All applicants who wish to locate personal wireless service facilities on City-
owned water towers must submit to the City Manager a completed application,
the application fee, and detailed plan that complies with this policy along with
other pertinent information requested by the City.
F. Termination
The City Council may terminate any lease if it determines that any one of the
following conditions exist:
1. A potential user with a higher priority cannot find another adequate
location and the potential use would be incompatible with the existing use;
2. A user's frequency broadcast unreasonably interferes with other users of
higher priority, regardless of whether or not this interference was
adequately predicted in the technical analysis; or
3. A user violates any of the standards in this policy, the lease agreement, or
any other conditions attached to the City's permission.
I
Ciry of Brooklyn Center March 2006 Page 268
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Before taking action, the City will provide notice to the user of the intended
termination and the reasons for it, and provide an opportunity for the user to
address the City Council regarding the proposed action. This procedure need not
be followed in emergency situations.
G. Reservation of Right
Notwithstanding the above, the City Council reserves the right to deny, for
reasonable cause, the use of any or all City-owned property by any one or all
applicants.
H. Effective Date
This policy shall be effective October 28, 1996.
Reference: City Council Resolution No. 96-215
City of Brooklyn Center March 2006 Page 269
SECTION II GENERAL POLICIES
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2.93 Long-Term Deer Population Management Plan
The City of Brooklyn Center is an urban community with very little appropriate habitat for deer.
High deer populations continue to pose a risk to human safety due to auto-deer accidents, cause
destruction of landscaping and yard plantings, and further disrupt the already altered ecosystem
of the City. The density of deer in Brooklyn Center far exceeds the recommended norm of
twenty deer per square mile of habitat area. The City Council's goal is to create an acceptable
environmental balance that will facilitate the peaceful co-existence of citizens and wildlife. The
City Council adopts the long-term deer population management plan as follows:
1. The City of Brooklyn Center will develop an educational program that will provide
residents with information on deer habits and guidelines for limiting localized deer
damage through the use of screening, alternative plantings, and other techniques.
Educational materials will be distributed through a variety of inethods including public
informational meetings, pamphlets, City Web Site, newspaper articles, and City
Newsletter.
2. In order to prevent irreparable damage to the ecosystems in Brooklyn Center and to
prevent significant injury or damage to persons or property, the City Council hereby sets
the ma�cimum deer population density to twenty (20) per square mile per City-designated
management district. Actual numbers are to be collected via aerial count.
3. It is understood the adoption of this plan is consistent with the Minnesota DNR URBAN
DEER POPULATION CONTROL POLICIES AND PROCEDURES dated April
10,2002, (exhibit attached) governing the conduct of deer population removal outside the
normal hunting season.
4. The City will utilize bow hunters to reduce the number of deer in each management
district to the goal of 15-20 deer per square mile. By the end of five years, the initial
reduction period, it is projected that the deer population will be to a level that requires
maintenance rather than aggressive reduction. The City will strongly encourage use of
non-lethal methods to address deer damage but recognizes that harvesting of deer will be
necessary to maintain the population goal.
5. Each Spring the City Manager or City Manager's designee will review educational
material, deer population numbers (current and projected) per an annual aerial survey,
browse survey if appropriate, deer population management options, and recommend
methods and deer harvest targets for the upcoming season.
6. The City Manager's recommendations must be approved by the City Council following
public hearing prior to initiation of City management plans. Annual plans approved by
the Council will be forwarded to the Department of Natural Resources.
Reference: City Council Resolution No. 2003-165
City of Brooklyn Center March 2006 Page 270
i
SECTION II GENERAL POLICIES
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2.94 Employee Service Recognition Program
The City of Brooklyn Center's Employee Service Recognition Program is to recognize City
employees for years of service to the City. Effective January 1, 1997, the City of Brooklyn
Center's Employee Service Recognition Program will include recognition of part-time City
employees for their years of service to the City. The program recognizes all regular full-time
and part-time employees who work 20 or more hours a week year round for the City of Brooklyn
Center. The recognition is accomplished by the presentation of awards by the City Manager or
by the Department Director.
Awards are for recognition of years of service as follows:
I
Five Years Awards such as City of Brooklyn Center sweatshirt and a personalized letter from
the City Manager are given to employee.
10 Years Awards such as an engraved paperweight or engraved key chain and a
personalized letter from the City Manager are given to the employee.
15 Years Awards such as an engraved letter opener, pocket knife, or desk clock and a
personalized letter from the City Manager are given to the employee.
20 Years Awards such as an engraved desk set and a personalized letter from the City
Manager are given to the employee. Council recognizes years of employment at a
Council meeting.
25 Years Awards such as an engraved wall clock or wrist watch and a personalized letter
from the City Manager are given to the employee. Council recognizes yeaxs of
employment at a Council meeting.
30 Years Awards such as an engraved weather instniment and a personalized letter from the
City Manager are given to the employee. Council recognizes years of
employment at a Council meeting.
Awarded Upon Retirement to Employee Who Has Completed Ten Years or More of
Service: Awarded personalized Council resolution giving thanks for the work and dedication of
the retiring employee mounted on a plaque presented by the City Manager.
Employee Service Recognition Program is funded through the budget.
Reference: City Council Resolution No. 97-25
City of Brooklyn Center March 2006 Page 271
SECTION II GENERAL POLICIES
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2.95 Business Ethics Policy
The City of Brooklyn Center shall operate its business in accordance with the highest ethical
standards and with the applicable laws of the United States and the State of Minnesota and the
Charter and ordinances of the City of Brooklyn Center. Specific matters or types of transactions
not covered by such specific provisions shall be conducted in accordance with the following
general policy.
For purposes of this statement of business ethics policy, the term "public official" shall include
all elected officials, all members of boards or commissions, and the City Manager and all
employees of the City. The term "employee" shall include those personnel defined as employees
in the City's Personnel Rules and Regulations.
1. Offering or Accepting Gifts and Gratuities
A. No public official shall misuse his or her position to secure special privileges or
exemptions for such person or any other person.
B. No public official shall directly or indirectly receive, or agree to receive, any
compensation, gift, reward, or gratuity in payment for the performance of his or
her official duties except as may be provided by law.
C. Whenever a public official deals with a City supplier or customer, he or she has
an obligation to act solely in the best interest of the City. This obligation includes
not only those acts formalized by written contracts but also covers everyday
business relationships with vendors or customers.
D. No public official shall ask for or accept (directly or indirectly) payment, favors,
or any other thing of significant value from a current or potential City supplier or
customer, or any other person in consideration for assistance or influence, or upon
the representation that such assistance or influence has been or will be rendered,
in connection with a purchase or any other transaction or proceeding affecting the
City. This policy does not bar the acceptance of unsolicited entertainment or
advertising favors which are of negligible value and are legally permissible, when
no assistance is given for or any obligation to render assistance is assumed by
such acceptance. No public official may accept free meals or purchase meals,
goods, or services at reduced prices from businesses in the City of Brooklyn
Center or from vendors which sell or offer to sell goods or services to the City,
unless such free meals or discounted meals, goods, or services are available on the
same terms to the public at large or to all government employees. This policy
does not apply to unsolicited acceptance of a meal which is incidental to a
specifically scheduled business meeting relating to City business.
E. No public official shall offer or give (directly or indirectly) payments, favors, or
any other thing of significant value to an employee or agent of a current or
potential supplier, customer, or union in consideration for assistance or influence,
or upon the representation that such assistance or influence has been or will be
City of Brooklyn Center March 2006 Page 272
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rendered, in connection with a sale or any other transaction or proceeding
affecting his or her employer or principal and the City. This policy generally does
not apply to meals, entertainment, or advertising favors which are of insignificant
value and are legally permissible and are given or offered without condition that it
obligate the recipient.
F. Acceptance or giving of gifts must be limited to incidentals which are obviously
of an advertising nature as items of insignificant value, or which in no way would
cause the City to be embarrassed or obligated, and no gifts or entertainment may
be accepted which, due to value, circumstances, disposition of the gift, frequency
or repetition of donation could cause the City to be embarrassed or obligated.
Gifts which do not fit in these categories must be returned.
G. Any questions concerning the application of this policy regarding specific
transactions by City employees should be referred to an employee's immediate
supervisor or department head, or the City Manager. Any questions concerning
the application of this policy regarding specific transactions by all other public
officials should be referred to the City Attorney.
H. The provisions of this policy do not supersede any provision of an employment
agreement with the City which is more restrictive than this policy.
2. Conflicts of Interest
A Prohibited conduct
1. A public official may not engage in any activity or become involved in
any arrangement (directly or indirectly) through a family member or any
other person acting on his or her behalf which will conflict, or may
reasonably be viewed as conflicting, with his or her obligations and
responsibilities to the City or involve the use of City information or
goodwill for personal gain or for the gain of others.
2. A City employee must make prior disclosure of any contemplated
consulting, representation, or secondary employment arrangement. If the
City Manager determines that the proposed activity would violate this
policy, the employee may not engage in it and continue City employment.
B. Action to be taken by public official
1. Whenever an}� public official, in the discharge of official duties, would be
required to take an action or make a decision which would substantially
affect the individual's financial interests or those of an associated
business, (unless the effect on the individual is no greater than on other
members of the official's business classification, profession, or
occupation), they shall:
City of Brooklyn Center March 2006 Page 273
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a. Prepare a written statement describing the matter requiring action
or decision and the nature of the potential conflict of interest;
b. Deliver copies of the statement to the City Council, the City
Manager, and the employee's immediate superior, if any;
c. If a potential conflict of interest presents itself and there is
insufficient time to comply with the provision of clauses (a) and
(b), the public official shall orally inform the City Council or
superior of the potential conflict.
2. If the public official is not a member of the City Council, the City
Manager shall make a determination in the matter. If there is no
immediate superior, the public official shall abstain in a manner prescribed
by the City Council from influence over the action or decision in question.
If the public official is a member of the City Council, at the member's
request, the City Council shall excuse the member from taking part in the
action or decision in question.
3. Safeguarding City Assets
A The department head or assigned manager/supervisor at each location is
responsible for the safeguarding of all City assets and the correctness of data
submitted to the Finance Department and contained in the financial reports.
B. Special protection shall be afforded assets which are readily saleable because of
high intrinsic value or common usage. Attention should also be given to
machinery, equipment, and records which, if damaged, would stop or drastically
reduce operations for an extended period. Examples of assets or documents
which could provide access to assets and which need protection are:
Cash
Marketable securities
Readily maxketable products, parts and subassemblies
Precious metals (raw or in any high content form)
Check blanks
Stamps/postage meters
Common tools and equipment
High value, portable equipment
Data processing and other office equipment, including programs
Vital records
C. Although the preparation of the financial reports is the duty of the Finance
Department, department heads are responsible for the accuracy and reliability of
the financial data. Conse uentl the de artment heads should be concerned
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about all those factors which are involved in the propriety of recordkeeping and in
City of Brooklyn Center March 2006 Page 274
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the care taken as to the procurement, handling, upkeep, and disposal of assets of
all kinds.
D. The objective should be to safeguard City assets and maintain reliable financial
records at a level of acceptable business risk. No false, misleading, or artificial
entries shall be made on the books and records of the City. No funds or assets
shall be maintained by the City for an illegal or improper purpose. All
transactions must be fully and completely documented and recorded in the City's
accounting records. All City payments, except from authorized petty cash funds,
must be approved by the department head or the acting department head in the
department head's absence.
4. Political Activities
A The rights of employees to express their personal views on matters of public
olic and to artici ate in artisan olitical activities on ersonal time shall be
P Y
P p P P P
protected. An employee shall neither gain favor nor incur disadvantages within
the City because of any decision or activity regarding the employee's personal
political participation.
B. Any questions concerning the application of this policy regarding specific
transactions should be discussed with an employee's immediate supervisor,
department head, or City Manager.
Reference: City Council Minutes 7/8/91
I
City of Brooklyn Center March 2006 Page 275
i
i
Ci Council A enda Item No. :8e
�Y g
f
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE BROOKLYN CENTER HOUSING
COMMISSION'S ENABLING RESOLUTIONS
WHEREAS, CityCouncilResolutionNos. 73-140, 75-97, 77-22, 87-131, 92-136, 95-
79, and 98-13 define the duties and responsibilities of the Brooklyn Center Housing Commission;
and
WHEREAS, the Brooklyn Center City Council wishes to decrease the membership
complement of the Housing Commission from nine to seven.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the Brooklyn Center Housing Commission's enabling resolutions
are hereby amended as follows:
1. Change Subdivision 5, COMPOSITION, to read:
The Commission shall be composed of a Chairperson and six (6) members,
all of whom shall be appointed and serve as set forth in Subdivision 6.
April 10, 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.
I
�ity Council Agenda Item No. 8f
Office of the City Clerk
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Michael J. McCauley, City Mana er
FROM: Sharon Knutson, City Clerk
DATE: Apri15, 2006
SUBJECT: Mayoral Appointments: Housing Commission Members and Alternate Commissioner
to Watershed Commissions
HOUSING COMMISSION
The Housing Commission is composed of a chairperson and six members. There are three vacancies on the
commission, with one term expiring 12/31/07 and two terms expiring 12/31/08. Notice of vacancy on the Commission
was posted at City Hall and Community Center and on the City's web site and aired on Cable Channel 16 from
February 2, 2006, through March 3, 2006. Announcement was made in the February 16, 2006, edition of Brooklyn
Center Sun-Post.
Attached for City Council Members only are copies of the applications received:
Michael Johnson 5343 Sailor Lane
Robert Paulson 7012 France Avenue North
Joshua Xiong 5706 Bryant Avenue North
ALTERNATE COMMISSIONER TO WATERSHED COMMISSIONS
Brooklyn Center is a member of both the Shingle Creek Watershed Management Commission and the West Mississippi
Watershed Management Commission. The purpose of the commissions is to assist the member cities to preserve and
use natural water storage and retention systems. The commissions are composed of citizen representatives appointed
for three-year terms by their respective City Council. Each member city appoints one Commissioner and one Alternate
Commissioner. There is cunently a vacancy in the position of Alternate Commissioner. Notice of vacancy on the
Commission was posted at City Hall and Community Center and on the City's web site and aired on Cable Channel 16
from January 17, 2006, through February 28, 2006. Official notice was published in the Brooklyn Center Sun-Post on
January 26, 2006.
Attached for City Council Members only is a copy of the application received:
Abiy Assefa 7204 Perry Court West
6301 Shin le Creek Parkwa Recreation and Communit Center Phone TDD Number
g y 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. cityo fbrooklyncenter. org
Memo to Michael J. McCauley
Page 2
A ri15, 2006
P
BOTH COMMISSIONS
A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center
advisory commission informing them of the vacancies and requesting that they call the City Clerk if they are interested
in applying for either commission. They were given the choice of either reapplying or having their application
previously submitted considered. Notices were also sent to current advisory commission members.
A letter was sent to the applicants notifying them that their application for appointment would be considered at the
April 10, 2006, City Council meeting.
As requested by the City Council, the City Advisory Commission Bylaws and City Council Resolution Establishing the
Planning Coxnxnission Duties and Responsibilities are not included in the materials but can be found on the City's web
site at www.citvofbrooklyncenter.or� and clicking on Mayor/ CounciU Commissions/ Charter, then Advisory
Commissions. The membership roster is also available at this site.
Other attachments include:
1) Memorandum from Mayor Kragness indicating her nomination.
2) Procedures for filling commission vacancies adopted by the City Council on March 27, 1995.
3) Geographical distribution of current members and applicants.
Recommended Council Action:
Motion by Council to ratify Mayoral nominations of three Housing Corrunission members and one Alternate
Commissioner to Watershed Commissions.
Office of the Mayor
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Councilmember Kathleen Canmody
Couneilmember Kay Lasman
I Councilmember Diane Niesen
Councilmember Mary O'Connor
FROM: Myma Kragness, Mayor
I DATE: Apri15, 2006
SUBJECT: Housing Commission and Alternate Commissioner to Watershed Commissions
Appointments
As outlined in our policy for filling commission vacancies, I would request ratification from Council
Members for the following nomination:
HOUSING COMMISSION
Michael Johnson 5343 Sailor Lane
Robert Paulson 7012 France Avenue North
Joshua Xiong 5706 Bryant Avenue North
I
WATERSHED COMMISSION ALTERNATE COMMISSIONER
Abiy Assefa 7204 Perry Court West
I
6301 Shin le Creek Parkwa Recreation and Community Center Phone TDD Number
g y
Brooklyn Center, MN 55430-2199 (763) 569-3400
Cit Hall TDD Number 763 569-3300 FAX 763 569-3434
y l I
FAX (763) 569-3494
www. cityofbrooklyncenter.org
Office of the City Clerk
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Michael J. McCauley, City Manager
tY ��C�!�� �`l,(Y�
FROM: Sharon Knutson Ci Clerk� r
DATE: April 7, 2006
SUBJECT: Mayoral Appointments: Honsing Commission Members and Alternate
Commissioner to Watershed Commissions
Attached are two documents that were not included with City Council Agenda Item No. 8f.
1. Procedures for filling commission vacancies adopted by the City Council on March 27, 1995.
2. Geographical distribution of current members and applicants (Housing Commission).
Attachments
6301 Shin le Creek Parkwa Recreation and Communit Center Phone TDD Number
g y 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
Procedures for Filling Commission/Task Force Vacancies
Adopted by Council3/27/95
The following process for filling commission/task force vacancies was approved by the City Council
at its Maxch 27, 1995, meeting:
Vacancies in the Commission shall be filled by Mayoral appointment with maj ority consent
of the City Council. The procedure for filling Commission vacancies is as follows:
1. Notices of vacancies shall be posted for 30 days before any official City
Council action is taken;
2. Vacancies shall be announced in the City's official newspaper;
3. Notices of vacancies shall be sent to all members of standing advisory
commissions;
4. Applications for Commission membership must be obtained in the City
Clerk's office and must be submitted in writing to the City Clerk;
i
5. The City Clerk shall forward copies of the applications 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 City Council meeting at which the
nominee is presented; and
7. The City Council, by majority vote, may approve an appointment at the City
Council meeting at which the nominee is presented.
COUNCIL PROCEDURES ESTABLISHED FOR FILLING COMMISSION VACANCIES
Cit of Brookl n Center
Y Y
Housing Commission
I Geographical Distribution
(Chairperson and Six Members)
Current Members
Apri17, 2006
Neighborhoods Applicants Current Members
Southeast Joshua Xiong
5706 Br,yant Avenue North
Northeast Jean Schuster
Northwest Robert Paulson
i 7012 France Avenue North
er n
's Lawrence
And so
West Central
I
Central Judy Thorbus
Mark Yelich
I Southwest Michael Johnson
5343 Sailor Lane
I Three vacancies.
I
City Council Agenda Item No. $g
Memorandum
TO: Michael J. McCauley, City Manager
FROM: Larry Martin, Building Official
DATE: Apri15, 2006
SUBJECT: Resolution Amending Electric Permit Fee Schedule
On the April 10, 2006 City Council Agenda is a Resolution Amending the Fee Schedule
for Electrical Permits. In 2003 the City Council executed a contract for electrical
inspection services with Pete Tokle (Resolution No. 2003-86) and also adopted a fee
schedule for Electrical permits (Resolution 203-102).
This resolution reflects minor changes in electrical fees as established by the State of
Minnesota Electrical code, which has been adopted by the City of Brooklyn Center.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE FEE SCHEDULE FOR ELECTRICAL
PERMITS
WHEREAS, the Brooklyn Center City Council adopted Resolution No. 2003-86,
authorizing the City Manager to execute a contract for electrical inspection services; and,
WHEREAS, the Brooklyn Center City Council adopted Resolution No. 2003-102,
adopting a fee schedule for Electrical permits; and,
WHEREAS, a contract for electrical inspection services has been executed
between the City`of Brooklyn Center and Pete Tokle Inspection Services; and,
WI�REAS, an electrical permit fee schedule has been prepared by city staff and
is based on the fee schedule of the State Board of Electricity and survey data from other
municipalities.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the electrical permit fee schedule be amended as follows for the City of
Brooklyn Center.
Inspection Type Permit Fee
Minimum Fee for An Inspection $27 Per Trip
Maximum for Single Family Residential $150
(New or Remodel}
Ma�cimum for Commercial No Limit
Multi Family $60/LTnit
Change Out or Upgrade to Service or Generators
0 to 400 AMP 50
401 to 800 AMP 58 -$114
801 to 2000 AMP $114 $250
Over 2000 AMP $250
Relocation of Service Panel $100
Each Circuit or Feeder 0-30 AMP 7.00/Each
Each Circuit or Feeder Over 31 to 100 AMP $10.00/Each
Each Circuit or Feeder Over 200 to 800 AMP $15.00 -$45.00/Each
Each Circuit or Feeder Over 801 AMP Add $5.00 er 100 AMP
P
Street Li ts
3.00/Each
I
'I
Standard Traffic Signal $4.00Bach
Transformer $8.00/Each plus 40¢ per kva
Fire Alarm Energy Management Device 65¢ per device
Lighting Retrofit 30¢ per light
Investigation Fee (Double the Fee)
Cancelled Permit Handling Fee 2
Reinspection Fee 27
State Surcharge 50¢
Refund issued only for Overpayment on Permits that Exceed
$100
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. 8h
i
MEMORANDUM
TO: Michael J. McCaule Cit Mana er
Y, Y g
4
FROM: Ronald A. Warren, Plamm�g and Zoning Speciahst
SUBJECT: Ordinance Amendment Regarding Side Yard Setback Requirements and
the Hei t of Accessor Structures
Y
DATE: Apri16, 2006
Attached is a draft ordinance amendment to Chapter 35 of the City Ordinances that is
offered to the City Council for first reading. It addresses a matter referred to the
Planning Commission for review and comment by the City Council regarding eave
encroachments into the minimum sideyard setback requirement and also the maximum
height of accessory structures. The sideyard setback issue was raised by Mr. Joel Wilson
involving an eave encroachment of 4 inches for a manufactured home being built at 5649
Fremont Avenue North.
The Planning Commission reviewed the matter on March 2, 2006 and recommended an
ordinance amendment affecting eaves or overhang encroachments and also the height of
accessory structures. The ordinance amendment would allow such encroachments up to
1/3 the distance of the required setback. This would be consistent with State building
code requirements. It also recommended that accessory buildings be allowed to have a
maximum height of 16 ft. The Planning Commission, when recommending the new
height requirements for an accessory building, also suggests that the accessory building
not be allowed to exceed the height of a principal building. This seemed like a
reasonable way of assuring gaxages to be accessory to principal buildings. However,
such a restriction might prove to be more trouble than it's worth by creating numerous
non-conforming use situations, particularly where there are rambler type homes with
detached accessory buildings. The proposed ordinance, therefore, does not include that
additional limitation.
Attached are copies of all information provided to the Planning Commission as part of
their review and the March 2, 2006 Planning Commission minutes, at which time the
Commission reviewed and recommended the ordinance amendment.
1
City o f Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody, Las iesen, and 0' Connor
FROM: Michael J. McCauley, City Manager
DATE: February 8, 2006
SUBJECT: Eave Encroachment on Side Yazd Setback and Garage Heights
Attached is a copy of a review of the issue raised by Mr. Joel Wilson of 5649 Fremont Avenue
North. As indicated in the February 2, 2006 Memorandum, the average width of eaves has increased
since the side yard setback code was adopted which permits an eave to encroach only 12 inches into
the side yard setback. In this review, the Building Official also raised the issue of gazage height due
to a change in roof styles. The matter is on the Council agenda for direction on whether the Council
would like to ask the Planning Commission to review the width of eave encroachment on side yazd
setbacks and/or garage roof height.
I 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brookl3�n Center, MN 55430-2199 (763) 569-3400
Cit�� Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityo fbrookl��ncenter.org
I
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and 0'Connor
From: Michael J. McCauley
City Manager
Date: February 2, 2006
Re: 5649 Fremont Avenue North
Situation
As Mr. Wilson outlined, the foundation was placed prior to submission of the application
for the house. The building official noted that the plans called for an overhang (eaves)
that was wider than would be allowed for set back purposes. This was noted on the plans
and an modification at the factory was anticipated by City staff. The contractor however
received delivery of the house with 18" eaves that encroached 4" into the side yard set
back.
A sunilar situation exists at 5421 Fremont where the contractor is in the process of
correcting the encroachment.
Annlicable Code
Section 35.400 Subd. 3c applies to this situation and requires that no part of any roof or
appendage to a structure project more than one�foot into the minimum side yard set back.
There are different setback requirements based on type of structure and the presence or
absence of windows.
The building code allows a lesser distance for side yard setback than does the zoning
code.
Options
Staff cannot waive the requirements of the zoning code. Relief from application of the
zoning code can occur under two circumstances:
a variance processed �through the Planning Commission and approved by the
City Council; or
amendment of the zoning code.
Observations
The building official has indicated that the typical house built when the zoning codes
were likely adopted had a one foot overhang. Current construction is more likely to have
6301 Slzingle Creek ParFiway Recreation and Community Center Phone TDD Number
Broohlyn Cente�r, MN 55430-2199 (763) 569-3400
Cit�� Hall TDD R'umber (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityo fbrooklyncenter.org
an 18" to 24" overhang. Based on a less restrictive building code, an amendment to the
zoning code to reflect current widths would be permissible and possibly desirable.
The building official also advised that we may wish to review the height for garages since
people are driving taller vehicles and building styles have changed to higher pitched roofs
than were the norm in the 60's and 70's.
Conclusion
Based on the discussions with the building official, I would recommend that the City
Council request the Planning Commission review Section 35-400 Subdivision 3c. It
seems reasonable to allow a longer overhang on a building that otherwise meets setback
requirements. I would also recommend that the Planning Commission be asked to review
the height limitations of garages in light of changed building styles.
As it relates to Mr. Wilson, the options are to apply for a variance, which would be
difficult to obtain since the criteria for a variance generally require a hardship not of the
land owner's making. While Mr. Wilson didn't create the problem, it is an issue related to
his construction not meeting the zoning code. A copy of the Standards and Prcedures for
Zoning Ordinance Vaziances is enclosed. The other option, if the City Council wished to
consider a review of the applicable sections, would be to defer potential enforcement
actions to compel compliance with the zoning code pending a review of a possible
amendment of the zoning code. Thus, if the code were amended, Mr. Wilson's property
.would not be non-conforming.
Mr. Wilson is receiving a copy of this memorandum and attachment with notificat�on that
the matter will be placed on the February 13�' City Council Agenda for direction on
referring a possible ordinance change to the Planning Conunission.
S cc� �,J 3 �-+�o 0
b. In the case of permitted one family and two family dwellings, the dwelling
may be located less than ten (10) feet, but not less than five (5) feet, from not
more than one (1)'of the established interior side lot lines, provided: (1) All
other yard setback requirements are met; (2) The remaining minimum ten
(10) foot interior side yard, between the dwellings and the lot line, shall not
be used for any accessory building; (3) The exterior wall of the dwelling,
facing the interior side yard of less than ten (10) feet, shall contain no
openings including doors, or windows, or provision for mechanical
equipment.
c. The setback distance shall be measured from the exterior wall of the building,
and no part of any roof comice or any appendage to the structure shall project
more than one (1) foot into the minimum side yard setback.
d. Interior side yard setback requirements may be waived in commercial and
industrial districts where abutting commercial and industrial property owners
wish to abut along a common wall built along the property line. In other
cases, commercial or industrial buildings may be set back less than ten (10)
feet, but not less than three (3) feet, from not more than one of the established
side lot lines, provided: (1) All other yard setback requirements are met: (2)
The remaining minimum ten (10) foot interior side yard, between the
building and the lot line, shall not be used for any accessory building: (3)
The exterior wall of the building, facing the interior side yard of less than ten
10 feet, shall conform in all res ects with the requirements of the State
P
Building Code.
4. When a building of 2-1/2 stories or more in an R5, R6, R7, C lA or C2 zone abuts an
R1 or R2 zone, the setback of this building from the R1 or R2 property shall be no
less than twice the height of the building.
5. In the case of corner lots, the lot lines not abutting street right-of-way shall, for the
purpose of this ordinance, be considered side-interior lot lines, and except as
otherwise provided, the use shall adhere to the setback requirements set out for
interior side yards.
6. Except as otherwise provided, accessory buildings shall be permitted to be
constructed to within five 5 feet of the rear ro e line.
P P rtY
7. Lot width shall be a function of the width of the townhouse unit. Where a townhouse
unit abuts any other use, the interior side yard setback shall be a minimum of ten (10)
feet.
8. The following shall not be considered as encroachments on yard setback
requirements.
J
City of Brooklyn Center 35-56 December 3, 2005
I Page 1 of 1
Ron Warren
From: Ron Warren
Sent: Friday, February 03, 2006 9:56 AM
To: Michael McCauley
Cc: Brad Hoffman; Larry Martin
Subject: Side Yard Setback Requirements 5649 Fremont Avenue N
I've been requested to provide follow-up info�mation to my 1/30/2006 memo relating to side yard setback
requirements as they relate to 5649 Fremont Avenue N.
The Zoning Ordinance at Section 35-400 (Table of Minimum District Requirements), requires a minimum 10 foot
side yard setback for a principal building in a R-1 zoning district. Side yard setbacks for accessory buildings are
3'. Setbacks are measured from the side interior property line to the building wall. Section 35-400, Subdivision 3b
allows varying side yard setbacks in certain cases and states... "In the case of permitted one family dwellings, the
dwelling may be located less than ten (10) feet, but no less than five (5) feet, from not more than one (1) of the
established interior side lot lines, provided: (1) All other yard setback requirements are met; (2) The remaining
minimum ten (10) foot interior side yard, between the dwellings and the lot line, shall not be used for any
accessory building; (3) The exterior wall of the dwelling, facing the interior side yard of less than (10) feet, shall
contain no openings including doors, or windows, or provision for mechanical equipment.°
5649 Fremont is a single family residential lot, 87' wide by 128' deep. Permits were issued for the demolition of an
existing house and the construction of a 27.33' by 56' foundation on 11/3/05. The site plan showed that the
foundation would be setback 10' from the south interior property line and 21' from the north interior property line.
The plan for the full building permit was submitted later and following discussion and clarification on the length of
the roof overhang, the contractor was advised that the maximum encroachment allowed into the 10' setback for
the overhang was 12". The full building permit for the construction of the house was issued on 12/22/05 on that
basis.
As noted above, there are varying side yard setbacks allowed for principal buildings. 10' is required at least on
one side of the building. A setback of less than 10', but no less than 5', is allowed on other side provided there are
no openings including doors, windows or provisions for mechanical equipment on the side less than 10'. An
overhang would be allowed to encroach one foot into that setback. Any more of an overhang encroachment would
mean that the building wall would have to be setback proportionately from the interior lot line. An exception to that
would be if there were no openings on that side of the building.
The house was manufactured off-site and delivered with a 16" overhang which, when set onto the foundation,
creates a 4" encroachment into the side yard setback requirement. The contractor has been advised to correct the
encroachment by reducing the overhang by 4". This is the same type of correction given to the contractor of the
manufactured house being constructed at 5421 Fremont where a house with an 18", rather than a 12", overhang
was delivered. He is in the process of correcting that encroachment by appropriately reducing the overhang.
Yard setbacks have long been held to be legitimate forms of land use regulation provided they reasonably relate
to a recognized public purpose. Many court cases have been decided over the years which have solidified there
use. Setbacks afford room for lawns, trees and open space; keep dwellings apart from dust, noise and fumes; add
to the attractiveness and comfo�t of a residential district; reduce fire hazards; allow light and air between adjacent
buildings. Side yard setbacks in particular allow space between fots for fire protection and provide the ability to get
fire fighting equipment into rear yard areas. All of these points are justifiable reasons for setbacks.
The current side yard requirements and the one foot ovefiang encroachment have been in existence in Brooklyn
Center for many decades. The ability to have the varying side yard setback for a principal building was adopted
by the City Council around 1975.
You have also requested information regarding the criteria for obtaining a variance. I've fonivarded you a copy of
the "Standards and Procedures for Zoning Ordinance Variances" which is an informational handout provide to
persons wishing to pursue a variance. This sheet cites the four standards, aIl four of which must be meet in order
for the City Council to grant a variance.
I hope this information is beneficial to you. If you need additional information or comments, please contact me.
2/3/2006
Page 1 of 1
Ron Warren
From: Ron Warren
Sent: Monday, January 30, 2006 4:12 PM
To: Brad Hoffman
Cc: Larry Martin
Subject: Side Yard Setback Requirements for Overhangs
You have requested comments from Larry Martin, Buiiding Official, and myself regarding the side yard setback
requirement for overhangs particularly as it relates to 5649 Fremont Avenue North. The contractor building the
house at this address has been advised that the overhang extending into the side yard exceeds what is an
allowable setback encroachment by 4 inches and must be corrected.
Section 35-400, Subdivsion 3c of the Zoning Ordinance states "The setback distance shall be measured from the
exterior wall of the building, and no part of ant roof cornice or any appendage to the structure shall project more
than one (1) foot into the minimum side yard setback."
The side yard setback distance varies depending upon whether a building is a principal building or an accessory
building and certain other circumstances. However,once the setback has been determined, an overhang is
allowed to encroach into that setback by only one foot.
The situation at 5649 Fremont came about because the house was a manufactured home constructed off site and
because the permit was issued in two parts. The first part was for the foundation, the second part was for the
remainder of the building. When the Inspector became aware of the overhang encroachment at the time the plans
for the full permit were submitted, the plans were noted and a correction was expected. The overhang was to be
reduced by 4 inches. The house was delivered with a 16 inch overhang and the contractor was advised to cut 4
inches from the overhang.
A similar situation exists for the manufactured home being constructed at 5421 Fremont. That house was
delivered with an 18 inch overhang. The contractor was advised and is in the process of correcting the
encroachment.
Modifications to the allowed overhang encroachment can only be made through the variance process which
requires review and public hearing by the Planning Commission and approval by the City Council upon a finding
that all four of the standards for variance contained in the Zoning Ordinance are met. The City Council also has
the option to amend the Zoning Ordinance to allow for a new overhang encroachment if they believe it is
appropriate.
The State Building Code is less restrictive with respect to side yard setbacks than our Zoning Ordinance. The
Building O�cial and I would caution, however, that any new standard should not exceed the standards
established by the State Building Code or allow overhangs to extend beyond property lines.
1/30/2006
STANDARDS AND PROCEDURES FOR ZONIlVG ORDINANCE VARiANCES
CTTY OF BROOKLYN CENTER
6301 SHIl�TGLE CREEK PARKWAY
An ne contem latin a re variance from the Zonin Ordinance should consult with the Plannin staff 'or to
yo p g quest for a g g pn
submitting an Application to the Board of Adjustm�nts and Appeals, for the purposes of farniliarization with applicable
'ordinance standards and evaluation of the particulaz circumstances.
A prospective applicant will provide documents and information, as requested by the Secretary, to the Boazd of
Adjustments and Appeals or to the City Council. An application must be submitted fourteen (14) days prior to the
regulaz meeting of the Boazd.
In instances where the strict enforcement of the literal provisions of this zoning ordinance would cause undue hardship
because of circumstances unique and distinctive to an individual property under consideration, the City Cauncil will have
the power to grant variances, in keeping with the spirit and intent of this ordinance. The provisions of this ordinance,
considered in conjunction with the unique and distinctive circumstances affecting the property, must be the proximate
cause of the hazdship; circumstances caused by the property owner or his predecessor in title will not constitute sufficient
justification to grant a variance.
The Board of Adjustments and Appeals may recommend and the City Council may grant variances from the literal
provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of
circumstances unique and distinctive to the individual property under consideration. However, the Boazd will not
recommend and the City Council will in no case pennit as a variance any use that is not permitted under this ordinance in
the district where the affected person's land is located. A variance may be granted by the City Council after
demonstration by evidence that all of the following qualifications aze met:
(A) Because of the particular physical surroundings, shape, or topographical conditions of the specific parcels of
land involved, a particulaz hardship to the owner would result, as distinguished from a mere inconvenience, if
the strict letter of the regulations were to be carried ou�
(B) The conditions upon which the application for a variance is based are unique to the pazcel of land for which
the variance is sought, and are not common, generally, to other property within the same zoning classification.
(C) The alleged hardship is related to the requirements of this ordinance and has not been created by any persons
presently or formerly having an interest in the pazcel of land.
(D) The granting of the variance will not be detrimental to the public welfaze or injurious to other land or
improvements in the neighborhood in which the parcel of land is located.
The Boazd of Adjustments and Appeals may recommend and the City Council may impose conditions and restrictions in
tin o vanances s a e c liance with the ovisions of this ordinance and with the irit and intent of
the gran g f o s to msur omp pr SP
the Comprehensive Plan and to protect adjacent properties.
Copies of the Zoning Ordinance may be obtained from the Administrative Office.
Questions should be directed to the Community Development Department, at (763) 569-3330.
Standards and Procedures for Zoning Ordinance Variances
Revised 4-01
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projections.
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Rating for fire exposure from both sides.
n using No openings permitted (except for foundation vents).
Projections beyond the exterior wall shall not extend more than 12 inches into areas where openings
are prohibited or a point one-third the distance to the lot line from an assumed vertical plane located
where protected openings are required, whichever is less.
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'ode 1
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
MARCH 2, 2006
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Willson at 7:03 p.m.
ROLL CALL
Chair Tim Willson, Commissioners Graydon Boeck, and Sean Rahn, were present. Also present
were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and
Planning Commission Recording Secretary Rebecca Crass. Commissioner Tim Roche was
absent and excused. Commissioner Rachel Lund was absent and unexcused.
APPROVAL OF MINUTES FEBRUARY 16. 2006
There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to approve the
minutes of the February 16, 2006 meeting as submitted. The motion passed unanimously.
ELECTION OF 2006 CHAIR
There was a motion by Commissioner Boeck and seconded by Commissioner Rahn to table
election of Officers until a subsequent Planning Commission meeting so that the Commission
would be at full membership capacity with all members in attendance.
CHAIR' S EXPLANATION
Chair Willson explained the Planning Commission's role as an advisory body. One of the
Commission's fiznctions 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.
APPLICATION NO. 2006-002 ADAM SWAN
Chair Willson introduced Application No. 2006-002, a request for Special Use Permit approval
to conduct a home occupation in the garage at 5821 Camden Avenue North. The property is
zoned R-1 and is surrounded by other single family homes. Home occupations that involve the
use of an accessory structure on the property are considered special uses requiring the granting of
a special use permit.
Mr. Wa.rren presented the staff report describing the location of the property and the proposal.
(See Planning Commission Information Sheet dated 3-2-06 for Application No. 2006-002,
attached.)
3-2-06
Page 1
PUBLIC HEARING APPLICATION NO. 2006-002
There was a motion by Commissioner Rahn, seconded by Commissioner Boeck, to open the
public hearing on Application No. 2006-002, at p.m. The motion passed unanimously.
Chair Willson called for comments from the public.
The applicant, Adam Swan, 5821 Camden Avenue North, introduced himself and acknowledged
that his neighborhood is quiet and he plans to continue to keep it that way by adding insulation to
his garage and operating his business in way so as not to disturb his neighbors. He stated that he
has a dust collection system in the garage and his operation creates very little dust or debris on
the outside. He added that he is willing to install a ventilation system if asked to by the City
Council.
Mr. Warren requested the applicant to list the equipment that will be used for the business. Mr.
Swan responded that he plans to use a commercial series table saw which has a quiet motor, a
drill press, surface planer, compound mitre saw, biskit joiner, and other small power and hand
tools.
Mr. Warren asked the applicant if he currently operates any of this equipment in his garage. Mr.
Swan responded that due to damage to his garage from last year's storm, he has moved all
equipment to his parents' home and it is being stored there until repairs are made to his garage.
Commissioner Boeck inquired about the orientation of Mr. Swan's business. The applicant
responded that he will be operating a small residential business making thing such as tables and
picture frames.
Chair Willson asked about the handling of potential hazardous waste. Mr. Swan answered that
there is a state issued license that mandates what is required for disposing of such waste and he
maintains such a license and meets all requirements.
No other persons from the public appeared before the Commission during the public hearing on
Application No. 2006-002.
CLOSE PUBLIC HEARING
There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to close the
public hearing on Application No.2006-002, at 7:21 p.m. The motion passed unanimously.
The Chair called for further discussion or questions from the Commissioners. The
Commissioners intetposed no objections to approval of the Application.
ACTION TO RECONIMEND APPROVAL OF APPLICATION NO. 2006-002 -ADAM
S WAN
There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to recommend
to the City Council that it approve Application No. 2Q06-002, submitted by Adam Swan for a
3-2-06
Page 2
Special Use Permit to conduct a woodworking home occupation in the garage at his residence,
5821 Camden Avenue North, subject to the following conditions:
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 applicant shall comply with recommendations of the Building Official with
respect 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 shall maintain any licenses or permits required by other
governmental agencies and copies of such shall be kept on file with the City.
Voting in favor: Chair Willson, Commissioners, Boeck, and Rahn. The motion passed
unanimously.
The Council will consider the application at its March 13, 2006 meeting. The applicant must be
present. Major changes to the application as reviewed by the Planning Commission will require
that the application be returned to the Commission for reconsideration.
DISCUSSION ITEMS
A. Eave Encroachment into Sideyazd Setback
B. Garage Heights
3-2-06
Page 3
Mr. Warren described to the Commission the history involved with the request from a resident
regarding an ordinance amendment relating to allowable encroachments into sideyard setbacks
requirements as required in Chapter 35 of the City Ordinances. There was further discussion
regaxding the ordinance requirements and a general consensus to recommend amending Chapter
35 of the City Ordinances to allow eaves and overhangs to encroach into not more than 1/3 of
the minimum side yard setback.
The Commission next discussed the current height limitation of accessory structures as allowed
by Chapter 35 of City Ordinances. There was a general consensus by the Commission to
recommend to the City Council that Chapter 35 of the City Ordinances be amended to allow a
16 ft. height limitation for accessory structures and a requirement that an accessory structure
cannot be taller in height than the principal structure.
There was a motion by Commissioner Rahn, seconded by Commissioner Boeck to recommend to
the City Council a amendment to Chapter 35 of the City Ordinances regarding sideyard setbacks
and accessory structure height limitaions.
Voting in favor: Chair Willson, Commissioners, Boeck, and Rahn. The motion passed
unanimously.
OTHER BUSINESS
There was no other business.
ADJOURNMENT
There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to adjourn the
Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
8:11 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
3-2-06
Page 4
CITY OF BROOKLYN CENTER
Nofice is hereby given that a public hearing will be held on the lOth day of May, 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 35 of the City Code of Ordinances Regarding Side Yard Setback Requirements and the Height
of Accessory Structures.
Au7ciliary 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 35 OF THE CITY CODE OF ORDINANCES
REGARDING SIDE YARD SETBACK REQUIltEMENTS AND THE HEIGHT OF
ACCESSORY STRUCTURES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 35 of the City Code of Ordinances of the City of Brooklyn Center is hereby
amended in the following manner:
Section 35-400. TABLE OF MINIMUM DISTRICT REQUIREMENTS. Every use of land
within the City of Brooklyn Center shall conform to the following minimum requirements which are applicable
to the Land Use District in which such use is contemplated.
3c. The setback distance shall be measured from the exterior wall of the building, and no
part of any roof comice or any appendage to the structure shall project to a voint
more than e�{�}€eet�e one-third the distance of the minimuxn side yard setback.
Section 35-530. BUILDINGS IN Rl AND R2 DISTRICTS. In Rl and R2 districts every
building hereafter erected or structurally altered shall be located on a lot, and in no case shall there be more than
one principal building on one lot. The term "principal building" shall be given its common, ordinary meaning;
in case of doubt, or on any quesrion of interpretarion, the decision shall rest with the zoning official.
3. No accessory building shall exceed �5 16 feet in height.
Section 2. This ordinance shall be effective after adoption and thirty days following its
legal publication.
Adopted this day of 2006.
Mayor
ATTEST:
City Clerk
Date of Publication:
Effective Date:
(�ee�� indicates matter to be deleted, underline indicates new matter.)
AGE'�- DA
CITY COUNCIL/ECONOMIC DE�'ELOPMENT AUTHORITY WORK SESSION
A ril 10 2006
P a
Immediately Following Regular City Council and EDA Meetings Starting at 7:00 P.M.
I
City Council Chambers
A copy of the full City Council packet is availab�e to the public. The packet ring binder is
located at the front of the Council Chambers bv the Secretary.
I ACTIVE DISCUSSION ITEMS:
1. Discussion of Charter Commission Recommendations
2. Discussion of Tabled Parking Ordinance restricting number of cars in driveway
3. Council Member Lasman: Council Procedural suggestions
4. Discussion of Draft 2006 City Manager Evaluation Form
PRELIMINARY ITEMS TO DETERMINE CITY COUNCIL DIRECTION ON
WHETHER TO PURSUE DISCUSSIO'�/RESEARCH/ANALYSIS FQR FUTURE
WORK SESSION(Sl
5. Discussion of Instant Runoff Votin�= materials presented at 3-27-2006 City Council
Open Forum
a. Does the Cit Council want to take an osition on the matter or sim 1 receive
Y Yp PY
the information?
6. Miscellaneous
7. Adj ourn
Pending List for Future Work Sessions
Apri124 Council Member Niesen: Suggestions for resident survey questions
Council Member Niesen; Dedicating cable funds for communications
Council Member Niesen: Crime reporting
Council Member Niesen: Cit�� Council Corner in City Watch
May 8 Council Member Niesen: Policv on outgoing Council Members
City Manager: Materials for Council Candidates
May 22 Council Member Lasman: Citizen petitions for stop signs
z
June 5 (Budget Work Session)
Council Member Niesen: Lighting for Lions park ball fields
Council Member Niesen: Post-Employment Benefits, employment benefits,
GASB 43 45, emplo�ree healthcare, employee benefits as per cent of
overall salary and benefit variances between salary categories
r
Office of the City Clerk
City of Brooklyn Ceriter
A Mille�zniunz Community
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Cler
DATE: March 8, 2006
SUBJECT: Charter Commission Recommendation Regarding Amendments to Sections 3.11
and 4.04 of the Brooklyn Center �City Charter
On January 30, 2006, Charter Commission Chair Stan Leino requested to present to the City Council two
recommended changes to the City Charter. The recommended changes were forwarded to the City Attonley
for review.
Attached are the minutes from the Jannary 25, 2G06, Charter Commission meeting and the two
Zmission. Al
so included is an a inion from City
nmended chan es submitted b the Charter Con P
recoi g Y
Attorney Charlie LeFevere with suggested changes to the Charter Commission recommendation.
Charter Commission Chair Stan Leino indicated that either Gary Brown, Ed Nelson, or himself would be
present at the Council meeting to review recommendation and answer questions.
If tlie City Council wishes to enact a Charter amendment, it may do so by Ordinance; an Ordinance could be
drafted for the next Council meeting. Tl�e Ordinance must be adopted by all members of the Council to
become effective, and becomes effective 90 days after passage and publication or as is fixed in the
Ordinance.
Attachments
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.cityof broolzlyncenter.org
I
1
Revision of Section 3.11
Section 3.1 l. CODIFICATION AND PLBLICATION OF ORDINANCES., The city
shall codify ai�d publish an ordinance code book, pamphlet or continuous reference loose
leaf form. Copies shall be made available by the Council at the office of the City Clerk
for general distribution to the public �e e� at a reasonable charge. All o��dinances sl�all
be published and �naintained on the city's website.
Revision of Section 4.04
Section 4.04. FILE BY AFFIDAVIT OR B�'PE�7TION.,
T T n r+�, R �s a �QC� *h� ^'�r Upon receivirig a
r r u�,. W
completed Minnesota Affdavit of CandidacV,fo�'n1 mzd tlze pay�nent of a filing fee of fifty
dollar-s ($SQ) by a poterztial car�didate or f lin a by tl�e petition of fifty (SO) registe��ed
voter•s on bel��lf of t1z.e car�didate, the Clerk shall certify the eligibilit�� of the carzdidate
and place the name of the candidate upon the election ballot without partisan
designation.
i
x
MINUTES OF JANUARI' 25, 2006
BROOKLYN CENTER
CHARTER COMMISSION
The meeting was called to order by Vice Chairman Roni Brunner at 7:10 PM Chainnan
Stanley Leino arrived at 7:15 PM.
Secretary Gary Brown called roll. Stan Leinc,, Gary Brown, Roni Brunner, Bruce Lund,
Edward Nelson, Eileen Oslund, Harold Middleton, and Richard Theis were present. Kris
Lawrence-Anderson had an excused absence. Richard Phillips was absent.
Minutes of the June l, 2005 meeting were reviewed. and Roni Brunner made a motion,
seconded by Edward Nelson to approve the minutes as submitted. Passed unanimously
8-0.
Old Susiness
Annointment of Nominatin� Committee Chairman Leino suggested that a nominating
committee be selected to come up with a slate of officers for 2006. After considerable
discussion, a motion was made by Nelson, seconded by Brunner to cast a white ballot for
the existing incumbents. Passed unanimously, 8-0.
Candidacv ReQUirements for Mavor and Citv Council members. As a result of the last
Coinmission meeting, held on June l, 2005, a motion was made by Middleton, seconded
by Nelson to request the City Council to conside.r adopting a modified Section 4.04
dealing with candidacy requirements for city council members. Commission members
wanted to be sure that the city council understood that the commission's concern was that
there is a new state statute f ling requireinent and that the Charter Commission felt the
existing fee of $S.QO did not eover the cost bv city staff to process the filing and tllat the
proposed amendment of a$50.00 fee also allowed for residents who would consider
filing to do so at no cost, if they desired to obtain 50 signatures of registered voters.
Chairman Leino called for a vote and the motion passed unanimously 8-0.
Ordinances on the Inten7et The Charter Commission at the Apri127, 2005 meeting
adopted a minor change in the charter to reflect the faet that the internet is a common
vehicle for communications to our residents and therefore a change was appraved to
require the city to place the city ordinances on the city's home page. A motion was made
by Brown, seconded by Theis, to request the City Council to consider adopting a
modified Section 3.1 l. Motion passed unanimously 8-0.
New Business
St�ecial Reco�nition Chairman Leino stated that the city was looking for special
recognition of one of our members. Chairman Leino suggested that Commissioner
I
Harold Middleton be considered since he has during his tenure on the Charter
Commission held all of the positions of leadership, chairmari, Vice Chairman, and
Secretary. A motion was made by Nelson seconded by Lund ta have Chairman Leino
inforn� the City of our recommendation, passed unanimously 8-0.
2006 Meetin� Dates A motion was made b�r'�elson, seconded by Brunner to meet on
the following dates;
April 26, 2006
June 28, 2006
October 25, 2006
Jaizuary 24, 2007
Motion passed unanimously 8-0.
Adiourmneilt A motion was inade by Brown and seconded by Nelson to adjoun7 the
meeting at 8:28 PM.
Motion passed unanimously.
Meetin� Dates: Upcoming meetings were established at the Apri127, 2005 meeting to be
October 26, 2405 and the aruival meeting to be l�eld on January 25, 2006.
Motion b Brown second b Brunrzer to ad'ourn the meeting at 8:45 PM. Motion passed
Y Y J
unanimously.
Submitted for consideration,
Gary E. Brown
Secretary
470 U.S. Bank Piaza
200 South Sixth Screet
Minneapolis, MN 554Q2
(612) 33�-9300 telephone
(612) 337-9310 far.
C H A R T E R E D http://www.kennedy-graven.c
CIIA3tLES L. LEFEVERE
Attomey at Law
Direct Dial (612) 337-9215
Email: clefevere c�i kennedy-graven.com
March 8, 2006
Ms. Sharon Knutson
City Clerk
City of Brooklyn Center
6301 Slungle Creek Parkway
Brooklyn Center MN 55430
RE: Proposed Charter Amendinent
Dear Sharon:
You have asked for my conunents on several proposed changes to the City Charter.
Tv�=o changes are proposed to Section 3.11 af the Charter. Under the current Charter,
copies of the City's ordinances are to be made available to the public either free or at a
reasonable charge. The first change is to delete the words "free or". Tlie deletion of the
wards "free or" would mean that the City must charge for all copies. The apparent intent of
this amendment is to prevent the City Council and staff froin providing copies of the
ordinances and city code free, and requiring that a charge be imposed in a11 cases. I do not
know what the purpose of this change is, but I see no legal problem with it.
The second change to Sectioil3.l 1 is the addition of language that would require that all
ordinances be published and maintained on the City's website. Technically, the
"ordinances" are the inital acts of law passed by the City rouncil. T�ese ordina��ces are
then compiled and organized (codified} into a City Code. The individual ordinances are
often af little value to the public because the�� may deal with only a single subdivision of the
Code and may make little sense unless read in the context of the entire code. The code is
currently maintained on the City's v��ebsite while individual ordinances are not. I believe
that it would be more helpful to maintain the City Code on the City's website. That may
have been the intention of the Charter Commissian; however the use of the tenn "all
ordinances" suggests the intent was to require individual ordinances to be maintained on the
website as well. If the intent of the Charter Goinmission was to require that the Code be
maintained, rather than individual ordinances, I vaould recommend that the new sentence
added at the end of Section 3.11 be amended to read "the City Code shall be published and
maintained on the City's website."
The proposed amendment also includes changes to Section 4.04 dealing with filing for
elections. Currently, a person's name will be pla�ed on the ballot upon payment of a five
281625v1 CLL BR291-7
I
��utson
March 7, 2006
Page 2 of 3
dollar fee with the City Clerk. It is �roposed th�t tlus language would be deleted and the
following Ianguage would be added "Upon receiving a completed Mirulesota AfFidavit of
Candidacy form and the payment of a filul� fee of fifty dollars ($50) by a potential
candidate or filing by the petition of fifty (50) re�istered voters on behalf of the candidate,
the Clerk shall certify the eligibility of t11e candidate and place the name of the candidate on
the election ballot without a partisan designation."
This new language can be interpreted in two ���ays. One is that a candidate may be certif ed
upon following one of two procedures. The first is filing of the Affidavit of Candidacy plus
fifty dollars; and the second is the filing of a petition of fifty registered vaters on behalf of
the candidate.
The second way this language can be interpreted is that a candidate may become qualified
following two procedures. One would be the filing of an Affidavit of Candidacy plus fifty
dollars; and the second would be the filiilg of the Affidavit of Candidacy plus a petition of
fifty registered voters.
Since State Law requires a Certificate of Candidacy, I assume that the latter interpretation
was intended. To avaid any confusion on this matter, I would recommend that the ward
"either" be added and that the new language be amended to read: "Upon receiving a
completed Minnesota Affidavit of Candidacy fonn and either the payment of a filing fee of
fifty dollars ($50) by a potential candidate or a petition of fifty (50) registered voters on
behalf of the candidate..."
You also point out that the persons qualified to sign the petition are referred to simpIy
"registered voters". This raises the question wlzether a person who is a registered voter but
is not qualified to vote for a Brooklyi� Center candidate should be allowed to sign the
petition. I assume the intent was that only registered voters who are authorized to vote for
the candidate would be authorized to sign the petition. However, again, to avoid any
question or confusion about this, I believe that vaur suggested language would be helpful.
That is, rather than stating simply "registered voters", specify "registered voters who are
eligible to vote for the candidate in Brooklyn Center".
Finally, you may wish to consider adding language similar to other petitioil provisions of the
Charter as follows: "In the case of a petition, all signaiures need not be on ane signature
paper, but the circulator of every such paper shall make an affidavit that each signature
appended to the paper is the genuine signature af the person whose name it purports to be.
Each signature paper shall be in substantially the following form:
CANDIDAC�' PETITION
Proposing the candidacy of (stating the name of the
proposed candidate) for the office of (stating
the position mayor or council member). The carididacy of such persons is supported by
the following voters who are registered and eligible to vote for the mayor or council
members of Brooklyn Center:
281625v1 CLL BR291-7
Knutson
March 7, 2006
Page 3 of 3
Name :�ddress
1.
2.
3.
(at the end of the list of signature shall be appended tYie affidavit of the circulator mentioned
above.)"
Please let me know if you ��ave any further questions.
Very truly yours,
Charles L. LeFevere
CLL:rec
281625v1 CLL BR291-7
CLty 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 I�TUmber of Ca.rs
Attached are 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-ma.ils and phone messages recei�=ed by staff regarding 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 ti�iolations, rather than letters seeking compliance.
While we have issued a number of tickets, cornpliance 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 urith.
There are residences with large yards and small yards. Some of the larger yards have
existing driveways that would accommodate parking for family events or construction
projects. Having those cazs in the driveu�ay may have less impact than on the street. I
would suggest looking at the amount of a front yard that may be converted to driveway.
Currently a front yard may be improved ���ith 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 Sh.ingle Creek Parkwczy Recreation and Community Center Phone Z'DD Number
Brooklyn Center, MN 55430-2199 (763) 569-340�
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 properiy 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 ardinances on parking surface etc.
Page 2 03/22/2006
i
Office of the City Clerk
C'ity of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk ''`���`�ifL��ll�
DATE: March 22, 2006
SUBJECT: An Ordinance Amending Chapter 19 of the City Ordinances Regarding the Parking
andior Storage of Vehicles, Trailers, and Watercraft in Front Yards or Yards Abutting a
Public Street
At its February 13, 24006, 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 ro osed an ordinance amendment limitin cars, called and in uired if the
P p g q
Public Hearing could be held closer to 8:00 p.m., 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 Hearing.
Attached is the proposed ordinance, Planning and Zoning Special Ron Warren's memo regarding
recommendations from the Planning Commissian and corresponding materials, as well as capies 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 Shingle Creek Parkw¢y Recre¢tion dnd Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall 7'DD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
II
5
CITY OF BROOKLYN CENTER
Notice is hereb given that a ublic hearing will be held on the 27th day of March 2006 at 7:00
Y P
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 andlor Storage of Vehicles, Trailers, and Watercraft in Front Yards or Yards Abutting a
Public Street.
Auxiliary a.ids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 763-559-3300 to make arrangements.
ORDINANCE NO.
I
AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES
REGARDING THE PARKING AND/OR STORAGE OF VEHICLES,
TR.AII,ERS, 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 l. Chapter 19, Section 103, Subdivision 14 is hereby amended as
follows:
14. The outside parking andr`or 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 ather
nonpermanent structures unless they comply with the following:
I I
a) Vehicles, trailers and watercraft may be parked or stored outside in
any yard provided, however, if they axe parked or stored in the
front yard area, or a yard area abutting a public street, the total
number sha31 not exceed six (61, 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.
I
I
I
x r
ORDINANCE NO.
Adapted this day of 2�06.
Mayor
ATTEST:
City Clerk
Date of Publication:
Effective Date:
(��ee� indicates matter to be deleted, underline indicates new matter.)
Memorandum
TO: Michael J. McCauley, City ��anager
FROM: Ronald A. Warren, Planning and Zoning Spec' list .C�t�.(!1-
SUBJECT: Recommended Ordinance Amendment Regarding the Parking and Storage
of Vehicles
DATE: November 22, 2005
Attached is a copy of a draft ordinance amendment recammended by the Planning
Commission which would amend Chapter 19 of the City Ordinances regarding the
parking and/or storage of vehicles, trailers and vvater 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 rnore 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 re��iew, discussion and also comments from Mr.
Dahn, the Pla.nning Commission unanimously recommended approval of an ordinance
amending 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.
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 CounciYs attention at
their November 28, 2005 work session.
_l
PLANNING COMMISSION AGENDA
CITY OF BROOKLYN .CENTER
SEPTEMBER 29, 2005
STUDY SESSION
l. 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 public hearings. In .the matters concerned in these hearings, the Commission
makes recommenctations to the City Council. The City Council makes all final
decisions in these ma.tfers.
5. GiGi Yanis 2005-014
Request for a Special Use Permit to canduct a home occupatian that involves customer
traffic at 5549 Brooklyn Boulevard.
6. Discussion Items:
a. Pazking and storage of vehicles in the front yard of R-1 zones.
7. Other Business
8. Adjaurnment
MINUTES OF THE PROCEEDINGS OF THE PLA,NNIlJG COMMISSION
OF THE CITY OF BRt�OKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF l��NNESOTA
STUDY 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 Rahn, and Tim Roche were present.
Also present were Secretary to the Planning Commission/Planni.ng and Zoning Specialist Ronald
Wazren, and Planning Cammission Recording Secretary Rebecca Crass. Eric Bems and Rachel
Lund were absent and excused. Graydon Boeck was absent and unexcused.
APPROVAL OF 1VtINUTES AUGUST 25, 2005
There was a motion by Commissioner Newman, seconded by Commissioner Rahn,
to approve the mi.nutes of the August 25, 2005 meeting as submitted. The motion passed
unani.mously.
CHAIR' S EXPLANATION
Chair Willson explained the Planning Cammission's role as an advisory body. One of the
Commission's functians is to hold public hearings. In the matters concerned in these hearings,
the Commission makes recommenda.tions to the City Council. The City Council makes a11 final
decisions in these matters.
APPLICATION NO. 2005-014 GIGI YANIS,
Chair WilLson introduced Application No. 2005-Q14, a request for a Special Use Permit to.
conduct a home occupation that involves custamer traffic at 5549 Brooklyn Boulevard. The
property is zoned R-1 (One Family Residence). Home occupations that involve customer traffic
at the home aze considered special uses requiring the granti.ng of a special use permit by the City
Council following review and public hearing by the Planning Commission.
Mr. Warren presented the staffrepart describing the locatian of the property and the proposal.
(See Planning Commission Information Sheet dated 9-29-OS for Application No. 2005-014,
atta.ched.}
Commissioner Newman asked about allowable signage for the home occupation. Mr. Warren
responded that the applican.t already has signs displayed for her business that were approved by
the City and no additional signs would be allowed.
PUBLIC HEARING APPLICATIQN NO. 2005-014
There was a motion by Commissioner Newman, seconded by Commissioner Roche, to open the
public hearing on Application No. 2005-014, 7:45 at p.m. The motion passed unanixnously.
Chair V�illson called for comments from the public.
The applicant, GiGi Yanis, 5549 Brooklyn Boulevard introduced herself. Cha.ir Willson asked
the applicant what hours she would be open for business. Ms. Yanis replied that she plans to
operate by appointrnent only between the hours of 9 a.m. to 7 p.m. Commissioner Roche asked
if Ms. Yanis had talked to her neighbors abaut her proposal. Ms. Yanis responded that she had
talked to the neighboring property owner about her plans.
No other persons from the public appeared before the Commission during the public hearing on
Application No. 2005-014.
CLOSE PUBLIC HEARTNG
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 unani.mously.
The Chair called for further discussion or�questions from the Commissioners. The
Commissioners interposed no objections to approval of the Application.
ACTION TO RECOMI��ND APPROVAL UF APPLICATION NO. 2005-414 GIGI YArTIS
There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to
recommend to the City Council that it apprave 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 Boulevard subjecf 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 canducted on an appointrnent
only basis at 5549 Brooklyn Boulevard. 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 ta applicable codes, ordinances and regulations.
Any violation thereof may be graun.ds for revocation.
3. All parking associated with the home occupation shall be off street on improved
space provided by the applicant. Vehicle parking on the property shall be in
compliance with Section 19-1Q3, Subdivision 12 of the City Ordinances.
4. The hours of operation sha11 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 recoxnmendations of the Buildi.ng Official
with respect to safety related matters following inspection of the praperty.
6. There is no ov_er the counter sales of inerchandise comprehended �tirough the
granting of this special use permit. Any sales related to this home occupation
d mi
shall be conducte off pre ses.
Voting in favor: Chair Willson, Commissioners Newm.an, Rahn, and Roche. The motion
passed ►u�.�n�mously.
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: PARI�Il�TG AND STORAGE OF VEHICLES IN THE FRONT YARD
OF R-1 ZONES
Mr. Warren explained that the Commission has been provided capies of documents that were
reviewed by the City Council regarding limiting the parking of vehicles both in the front and
back yards of residential property. He fiuther stated that city ord.inances state that any vehicle
parked in a residential area 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 behind an
opaque wall screened from view.
Mr. Warren stated �liat the same sectian 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
parking of vehicles is really part of the nuisance ardinance and some of the problems related to
parking of these vehicles could be dealt with by better enforcement.
Mr. Warren noted that Mr. Will Dahn, 5743 Knax Avenue North, who introduced this issue to
the City Council, is present at this eveni.ng's meeting. Mr. Dahn described his history with the
city as a resident and former employee and how the ardinance 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 Commissian posed a question regarding the possibility of some single family residences
being used a.s illegal home occupations involving cars and car parts. If so, it appears that there
is an enforcement issue with regards to the number of vehicles on properties but the situatian
does not necessarily warrant rewriting the ordinances.
The Planning Commission Members further discussed what clirection they would like to go with
regards to this part of the ordinance. There was cansensus among the members to fiuther
explore possible changes to Chapter 19 and 35 and the Commission directed Mr. Warren ta
provide them with information regarding existi.ng 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 regazding parking and storage af vehicles in residential
areas.
OTF�R BUSINESS
There was no other business.
ADJQURNMBNT
There was a motion by Commissioner Neweman, seconded by Commissioner Roche, to adjaurn
the Planning Commission meefiing. The mation passed unanimously. The meeting adjourned at
9:11 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
r
PLANNING 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 concerned in these hearings, the Cammission
makes recammendations to the City Council. The Ciry Council makes all final
decisions in these matters.
5. Discussion Items:
a. Parking and storage of vehicles in the front yard of R-1 zones.
6. Other Business
7. Adjournment
t f
l��IEMOR.ANDUM
TO: Planning Commission Members
ommission Sec
FROM Ronald A. Warren, Plann�ng C �Y
DATE': October 11, 20Q5
SUBJECT: Parl�ng and Stora.ge af Vehicles in Front Yazd of R-1 Zones
The following information is presented to the Planning Commission for purposes of
reviewing the parking and starage of vehicles in front yazds of an R-1 zone, which was
discussed at the September 29, 20Q5 Planning Commission meeting. The following
information is included for the Commissian's review:
The information included in the S tember 29, 2005 Planning Commission
l.
agenda (including the 9-12-OS City Council work session minutes; a
September 8, 2005 mem.o from the City Manager to City Council Members;
and a proposal from Mr. Will Dahn relati.ng to limitin.g the parking of vehicles
in front yards in R 1 an.d 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.
currently in effect in the city.
3. Sections 19-13QI —1307 relating to the operating, parking, storage, repairing,
servicing and maintain.ing af vehicles.
4. Section 35-711 regarding parking lot screening.
5. Section 35-400, Subdivision 8 regarding allowable eneroachments into yard
setback requirements.
6. The agenda and minutes of a joint City Couucil and Housing Commission
meeting on Apri12, 2003.
'T. Copies of draft ordinances submitted by the Fiousing Cammission to the City
Council at the April 2, 20Q3 meeting regarding parking and storage of
collector cars and requiring hard surfaces an driveways.
8. Copy of a memorandum from the Hausing Commission to Mayor and City
Council Members regazding RV ordinance.
'tems at Thursda evenin 's meetin in li t of the City
We will be discussin these i y g S
Cauncil directian to the Planning Commission to review the parlQng and storage of
vehicles in the city.
MIlWTES OF TI-� PROCEEDINGS OF THE PLA�NNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY QF
HENNEPIN AI�D THE STATE OF h�NNESOTA
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 Tun 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 SEPTEMBER 29, 20Q5
There was a motion by Commissianer Roche, seconded by Cammissioner Rahn,
to approve the minutes of the September 29, 2005 meeting as submitted. The motion passed
unanimously. Commissioners Boeck and Lund abstained as they were not present at the
meeti.ng.
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 Comrnission makes recommendatians to the City Council. The City Council makes all final
decisions in these matters.
DISCUSSION ITEM: PARKII�IG AI�TD STORAGE OF VEHICLES IN THE FRONT YARD
OF R-1 ZONES
Chair Willson stated that after review of the information provided regarding the pazking 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 this subj ect. He added that he felt
the issues being addressed could be resolved by better enforcement by the city.
Mr. VJarren pointed out that the items listed in Section 19-103, Subdivision 12, 13 and 14 of the
City's Public Nuisa.nce ordinance describes vehicles that are both allowed and prohibited. He
gave a history of the ordinance at its inception to include the city azriving at the decision as to
w at vehicles would be allowed in the R-1 residential zone. Mr. Warren also summarized what
h
is laiown as the City's `junk vehicle' ardinance (Section 19-1303 1304) which addresses the
storage and screeni.n.g 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 known if a lot of residents had concerns regazding the parking of vehicles.
10-13-QS
Page 1
Chair Willson stated that he was aware of only one person that had come before the City Council
and had not been approached hiniself by any residents. Commissioner Rahn stated tha.t 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 fwo
vehicles per dwelling unit. He added that you can have a dirt driveway that leads to an accessory
building {garage} but if it is expanded to provide additional parking, it must be an improved
surface with Class 5 gravel or better, cancrete or black top. After much review and discussion,
the Housing Commission recommended requirmg paved surfaces. The City Council did not act
on the Fiousing Commission's recommendatian.
Commissioner Roche agreed thaf the problem with driveways and pazking is enforcement but
wondered if there is a way to communicate to new homeowners what is required of property
awners regarding maintenance of their property. Mr. Warren stated that such communication is
extended by city staff particularly in the spring priar to the city wide sweep.
Commissioner Rahn asked for clarification on requirements for the expansion of driveways. Mr.
Warren expla.ined that the expansion of a driveway must be on an improved ar hard surface
regazdless of what the existing driveway is,
Chair Willson invited 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
parked or stored on authorized parking or driveway areas OR a paved or graveled extension of an
authorized driveway. The way the ordinance is written, the only part required to be paved or
gravel is the extension of the driveway.
Mr. Dahn stated that his interest in being before the Comrnission was to discuss the number of
vehicles allowed to be parked in a residential zone. TVIr. Dahn asked the Commission to note his
proposed changes which places parking requirements found in. other areas of the ordinan.ce 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 nse provisions.
Chair Willson called for action fram the Commissioners. Commissioner Boeck suggested that
there be no changes regarding the parking and storage of vehicles in R-1 zones. Cammissioner
Rabn suggested that a recomrnendation to the City Council include more consistent enforcement
of the ordinances regarcling parking of vehicles in R-1 zones.
The Planning Commission was polled on the recommendations suggested by Mr. Dahn:
Regazding recommending requiring paved or hard surfaced driveways, two Commissioners
were in favor, five were opposed.
14-13-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 mare than six; four Commissioners were in favar,
three were opposed.
Regazding limiting corner lot secondary access; no Commissioners were in favor.
Regarding screening of more than six vehicles parked in a front yard; Commissioners
unanimously believed this was already addressed in the ordinance and no change was
needed.
The Commission recamxnended no other chariges to the existing ordi.nance.
The Commissian further discussed and unanimously agreed to draft a document to the City
Council to limit the number of vehicles in the front yard or a yard abutting a public street to six.
Mr. Wairen stated that he would he would draft an ordinance amendment for the Commission's
review at a future meeting.
OTI�R BUSINESS
There was no other business.
ADJOI:T�tNMENT�
There was a motian by Commissianer Boeck, seconded by Commissioner Roche, to adjourn the
Planning Comsnission meeting. The motion passed unani.mously. The meeting adjourned at
9:06 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
10-13-OS
Page 3
PLAI�iNING COMMISSION AGENDA
CITY OF 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 Cominission is an advisory body. One of the Commission's functions is
I to hold public hearings. In the matters concerned in these hearings, the Commission
makes recommendations to the City Cauncil. The City Counc�l makes aIl final
decisions in these matters.
ND I LLC 2005-017
5. INDUSTRIAL FU
Request for Preliminary Plat approval to divide the properry located at the northeast
venue North 1600-1700 Freeway
er of Freew
a Boulevard and James A
com
Y
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
i
MINUTES OF THE PROCEEDINGS C}F THE PLASJNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF M]NNESOTA
REGULAR SESSION
NOVEMBER 17, 2005
CALL TO ORDER
The Planning Cammission meeting was called to order by Chair Will�on 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 Cominission
Recording Secretary Rebecca Crass.
APPROVAL OF IvIINUTES OCTOBER 27, 2005
There was a motion by Commissioner Roche, seconded by Commissioner Lund,
to approve the minutes of the October 27, 20Q5 meeting as submitted. The motion passed
unanixnously.
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
determi.ned that there wasn't a need to amend the city ordinances with a number of matters
previously discussed that perhaps stepped up enforcement would take care af the problem. The
ordinance is a simple change in terms of wording but has an impact on the parlang and storage
of vehicles as far as the number of vehicles and where they can be parked. The draf� ordinance
establishes the Commission's recammendation that the number of vehicles parked in front yards
and yards abutting a public street in residential areas be limited to six.
Chair Wilson commented that the Commission felt that better enfarcement would address many
of the issues discussed and that the ordinance amendment before the Commission wa.s the only
item suggested for further review.
The Commission discussed definitions in the city ordinances related to the proposed orclinance
amendment being considered and asked for further comments from Mr. Will Dahn who had an
interest in the discussian and was present at the meeting.
11-17-OS
Page 1
f
Mr. Dahn stated that the proposal he had submitted was far more encompassing and in li.ne with
keeping the city looking attractive but fie appreciates what has been done with the ordinance
am.endment. He added that stating the exact number of cars limited in a residential area makes it
absolutely enforceable and he appreciates the work the Planniug Commission has done in
reviewing this matter.
Cornmissioner Boeck thanked Mr. Dahn for his efforts in presenting this issue to the Planning
Commission i.n order to better the community.
Commissioner Lund also thanked Mr. Dahn for tal�ig the initiative to pursue this matter.
Commissioner Roche recommended adoption af the draft ordinance 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 Commissioner
Berns.
Voting in favor: Chair Willson, Commissioners Berns, Boeck, Lund, Newman, Rahn, and
Roche. The motion passed unanimously.
Mr. Warren stated that the ordinance amendment would be reviewed by the City Council at a
work session and he would keep the Planning Commission inform.ed as to when that would be.
APPLICATION NO. 2005-017 INDUSTRIAL FUND I, LLC,
Chair Willson intxoduced Application No. 2005-017, a request far prelinzinary plat approval to
divide the property located at the northeast comer of Freeway Boulevard and James Avenue
North (1600-1700 Freeway Boulevard) into two lats. The proposed T,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 acres} and contain the building addressed 1600 Freeway
Boulevard.
Mr. Warren presented the staff report describing the location of the praperty and the proposal.
(See Plannu�g Cominission Information Sheet dated 11-17-OS and the Director of Public Works'
memo dated 11-15-OS for Application No. 2005-017, 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 off Freeway Boulevard for each of the proposed lots and also one
off James Avenue North to the proposed Lot l. Cross access through the lots will exist and
should be memorialized through an appropriate agreement.
PUBLIC HEARING APPLICATION NO. 2005-017,
There was a motion by Commissioner Lund, seconded by Commissianer Roche, to open the
public hearing on Application No. 2005-017, at 8:13 p.m. The motion passed unanimously.
Chair Willsan called for comments frorn the public.
11-17-OS
Page 2
i 7
Mr. Jeffrey Johnson, 200 Coon Rapids Boulevard, Coon Rapids, attorney representing the
applicant, introduced himself and stated that the staff repart is very thorough and he would
welcome any questions by the Commissianers.
Cammissioner Berns inquired as to why this praperly was being replatted. Mr. 7ohnson
responded that this property is being separated because there are two owners who desire separate
ownership.
Commissioner Newman asked who would be responsible for the common/shared areas once it is
replatted.
Mr. 7ohnson 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 Boulevazd would be respansible for the easement area
as far as snow removal and lawn maintenance and the owner of 1600 Freeway Boulevard would
be responsible for their grounds as well as aIl of the areas 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 buildi.ng and primarily houses warehause 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�TG
There was a motion by Comxnissioner Newman, seconded by Commissioner Roche, to close the
public heari.ng on Application No. 2005-417, at 8:22 p.m. The motion passed unanimously.
The Chair called for further discussion or questions from the Commissioners. The
Commissioners interposed no obj ections to appraval of the Application.
ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2005-017,
There was a motion by Commissioner Lund, seconded by Commissioner 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 properiy located at the northeast corner of
Freeway Boulevard and James Avenue North (1600-1700 Freeway Boulevard} into two lots
subj ect 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 ma.nner approved by the City Attorney,
shall be executed and filed with the final plat.
Voting in favor: Chair Willson, Comtnissioners Berns, Boeck, Lund, Newman, Rahn, and
Roche. The mation 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
requ.ire that the application be returned to the Commission for reconsideration.
OTHER BUSINESS
Mr. Warren inquired of the Commission members whose terms are expiring on December 31,
2005 if they plan to continue serving on the Planning Conunission. Commissioners Roche and
Lund expressed interest in continuing to serve an the Commission.
There was no other business.
ADJOI:T�tNMENT
There was a motion by Commissioner Boeck, seconded by Commissianer 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
I
QRAFT
crr� aF sxooxz,�rt c�x
Notice is hereby given that a public heari.ng will be held on the day of 2005, at
7:00 p.m. or as soon thereafter as the matter ma� be heard at the City Ha11, 6301 Shingle Creek
Parkway, to consider an Ordinance Amending Chapter 19 of the City Ordinances Regarding the
parking and/or Storage af Vehicles, Trailers and Watercraft in Front Yards or Yards Abuttin.g a
Public Street.
Aw�iliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 763-559-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AIVIENDING CHAPTER 19 OF TF� CITY
ORDINANCES REGARDING TI� PARKIl�TG AND/OR STOR.AGE OF
VEHICLES, TRAII.ERS ,AND WATERC`RAFT IN FR4NT YARDS OR
YARDS ABUTTING A PUBLIC STREET
ITY COUNCIL OF THE CITY QF BROOKLYN CENTER DOES ORDAIN AS
TI� C
FOLLO�S:
Section l. Chapter 19, Section 103, Subdivision 14 is hereby amended as
follows:
14. The outside paxking andlor storage on occupied residentially used
property of usable or nonusable vehicles, trailers, watercraft,
snowmobiles, recreational vehicles, a11 terrain vehicles and similaz
vehicles, materials, supplies, equipment, ice fish houses, skateboard
ramps, or other nonpermanent stractures unless they comp�y with the
followi.ng:
a) Vehicles, trailers and watercraft may be pazked or stared 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 .(61, they must be parked or stored on an
authorized parking or driveway area or a paved or graveled extension
of an authorized pazking 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
1
D
RAFT
50% of the, franf yard or a yard area abutting a gublic street, unless
approved by the city council as part of a plan approval for an
apartment complex pursuant to Section 35-230 af the City
Ordinances.
Section 2. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this day of 2005.
Mayor
ATTEST:
City Clerk
S 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 McCaufey
Subject: RE: Parking Ordinance change proposal
Attachments: memo-pkg ordinance proposal.doc
wouid like to request that the attached memo replace the one you received yesterday; this one is dated.
�lso, I wouid like to discuss even putting this ordinance change on the Agenda so piease distribute the memo for the upcoming Wor
>ession.
hank you.
�rom: Michaei McCauley
>ent: Thu O1/19%06 10:25 AM
i'o: Diane Niesen
">ubject: RE:
f he materials wil] be included with the February 13th packet that will have the Introduction of the
�rdinance on the agenda.
=rom: Diane Niesen
>ent: Wednesday, January 18, 200b 8:55 PM
�o: Michael McCauley
��ct:
fo: Michael McCauley, city manager
=or: Upcoming Agenda or Work Session, as appropriate
'lease include my attached memo either far 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
Date: 3anuary 18, 2006
To: Broaklyn 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 ta 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 lrnowledge and rationale from proposing
these changes, and the relationship he saw to sections «�ith.in Ordinance #19.
Existing Ordinance Sections
#35-310 Rl One Familv Residence District
1. Permitted Uses
...b. Accessory uses incidental to the foregoing princigal uses...
1) Offstreet parking and offstreet loading (Mr. Dahn would add text here)
2) Renting of not more than two indoor parl:ing 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 #2. 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 shall 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 Parkin� Lot Screening
All open off-street parking areas having more than six parking spaces and aIl 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 de�rice 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.
#14-103 Public Nnisances Further Defined
14. The outside parking and/or storage on occupied residentially used property of usable or
nonusable vehicles, trailers, watercraft, sno�mobi:les, 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 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, they must be
parked or stored on an authorized parking or dri��eway area or a paved or graveled extension of an
authorized parking or driveway area and be in compliance with Sectian 19-1301 through 1305 of the
City Qrdinances. Authorized driveways and pa�-ed 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 ?��Ir. 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 vs�ide 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 w�uld 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, ���e 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 Rl
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 y�ard 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 cauld present a problem for enforcers on the
occasion that people in BC were celebrating, which u�ould result in an increase of parked vehicles.
Alternately, to direct that enforcers knock 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
om clearl enforc
eable ublic safe work at
a time of notable levels of crime
lice officers awa fr tY
our o y P
P Y
(e.g., basis for some of our public safety grant mone}�). 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
firsthand.
Passing a law on such an unproved basis of need, w�th 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 dnveways 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.
�I page 3
I�
�'�'3'�'j-'T3
a�j' .,,Print,iPage.,�
it��3;�'s�d���.:tit,� �i+FaM�s��G�i�e�r's
Vehicle limits needed
t%vEG^t�s;lc �+?lrCh 8, 2vCi-`t� iv;21 PR°: .S i
To the editor:
At a recent Brooklyn Center City Councii meeting that I attended, the Councii discussed an ordinance revision that
woutd 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 biight due to vehicle congestion in driveways
of singie 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 muitiple families live in one household, it's not unusual to see three, four or even five vehicles at one
household. Most singie-family homes now have a two-car garage, but that still leaves several vehicles parked in their
driveway.
The current proposed ordinance wouid limit to six, the number of vehicies 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 Councii 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 aii 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, shall 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 phone call 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 wiil 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 ta allow for dissemination of this information to all council
members in their pre-council meeting information packets.
Tony KueflerBrooklyn Center
This site and its conYents Copyright O 2d05. Sun Newspapers
Main OfFice: 952-392-6800 webinfo@mnsun.com
n������z�.kr;�r
http://www.mnsun.comiarticles/2006/03/09/opinion/bc09k-uefler.prt 3/10/20(
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 af 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 af cars
�at are parked on streets, in yards and in driveways. It truly is getting c�ut 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 thrvw in the
3rs 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
3use 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
�r 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 nat 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 90;07 AM
Info
Subject: Private parking fimits
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 li�-ing standards. Allowing drive-ways and front yards to become
arking lots for multiple occupancy familys will only accelerate that decline.
Thy 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
�ting home owners speak.
ichard F. Fogal
406 Brooklyn Drive
rooklyn Center mn
5430
phvlissi ea�ln,conzcast.ilet
3/1012006
Sharon Knutson
rom: Suzanne B. Libson [sbiibson@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'�, beleive that you are considering 6
vehicles! V�hy not just hang a sign at the gates vo the city that says "come on in, we want
to be the trailer park of the northern subur}as"?
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 tnat 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 to�� restrictive?
All the other northern suburbs are improving, building "destination" town centers, mixed
use housing/retail....and here in BC we'll ha-.Te 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: Arfhur Peters [artndee a�msn.com]
Sent: 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 ir
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(imit of 4 vehicles I feel is being verY 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.
Peters
Brooklyn Center
i
i,
3/11/2006
Sharon Knutson
From: SStamaria@aol.com
Sent: Sunday, March 12, 200.6 10:36 AM
Info
Subject: Vehicle Limits in Driveway
too am in favor of a limited number of cars, preferrably 4. My nsighbor has "guests" who sametimes 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 unfil her afternoon run. {by the way, are school buses alowed to
ark on residential streets?) This makes backing out of my driveway a(ittle 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 sornething should be done.
"hank you
3/12/2006
Sharon Knutson
From: rhaeg363601 @netzero.net
Sent: Sunday, March 12, 20d6 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
�e Northwest suburbs. Many of the cars in people's drivewa��s don't even run. I'm sandwiched between two houses with
ius issue.
anet Haeg
i
3/13/2006
Y
Sharon Knutson
From: Willie Reupke [wiileenr@comcast.net]
Sent: Saturday, March 18, 2006 10:33 AM
Info
u ject: Parking issues
3m responding to Tony Kuefler letter in the Post and also the Parking article in the March 16th issue. I whalely 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 travel2 diiferent 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 I 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 oniy for 1 day(sat.) and do you know how many peopie from all over would
�me and then patronize our other estabiishments 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 tha
�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
�oveling?
ARKING: A few years ago we had friends over they stayed overnigt�t. 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 car:
�rked on the curve(hazardous) all night long in front of one of our neighbors and NEVER a ticket!!! WHY? We have called the city f
�thing!!
/e 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
ave not been driven in years. This is definantly an eyesore to us people coming to visit. I have friends from outside the area com
�vhy 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!! Bu
ty continues to allow all of these things to continue; while our taxes go thru the roof 1 may decide to get out also.
ermits: What ever happened to this. For some we seern to need a permit for everything. We were told that if you have a bedroom i
�ur basement you MUST have an egress window. NOT ANYMORE!!! There are so many neighbors that have multiple people in
3sement 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
3n enforce this. I love it here hope to stay but if this Parking issue is allowed what will it be next?
hank You;
/.Reupke
/20/2006
i
�haron Knutson
From: Bulygo Chuck-r15379 [Chuck.Bulygo@freescale.com]
Sent: Monday, March 20, 2006 5:14 PM
Info
�i bi ject: RE: Parking issues
tmportance: High
his is in response to Tony Kuefler's letter in the Post regarding Parking (March 16t which i applaud wholeheartedly. Diane
iesen, on the other hand, gets a thumbs-down for being able to drive around Brooklyn Cenfer while keeping her eyes c{osed 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 carefui which set of standards you use to measure value in Brookiyn Center!!! Below is my outline of points:
Brooklyn Center has been INCONSlSTENT in the ENFORCEMENT of their awn ordinances
o is that due to some officiai 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 h�me values
o Lax enforcement equates to neighborhood sloppiness and safety issues
Might Brooklyn Center be legally liabte foilowing 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 enfarcement can equate to less improvements to neighborhoods
Lewering standards of city ordinances simply lowers neighborhood standards and ensures lower real estate
valuations
Not anforcing ardinances 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 af Brooklyn
Center, not the shopping malls or street intersections
o Value is heavily based on perception. Would you move to Brookiyn Center today? Why? Why not? Wou
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 locai 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 locai 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 fi
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 Cer�ter ordinances/codes! The problem is that existing codes arE
not being enforced and they are not being enforced �n a consistent or fair manner! They were put in place for gooc
reason originally! PLEASE DO NOT iet the weak links becorne 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! That's dysfunctional. Brookiyn
Center should celebrate it's 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.
�/21/2006
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,concerning the 6 car issae/ordinance propasal age o
Michael McCauley
From: Myma Kragness
Sent: Monday, March 20, 2006 9:21 PM
To: Michael McCauley
Subject: FW: concerning the 6 car issuelordinance proposai
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 gara�e, 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, ar 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 ��ith 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 probtems 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 obviousty 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... T'hen 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 af
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 ti�ou 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 alsa let their
animals run at large, day and night whenever they feel like itl. They recently took down their sign "Hands of Haliman".. 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 nei�hbor (after parsonally 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 abaut 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? The 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 area there would be at least one extremely, unl:ept 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 cit}� 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 tra�c 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 tihey are soon let go, that is if they are even caught. We don't
have many more businesses left to teave town... It seems the ciiy 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 "unattracti�=e". 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
3/22/2006
i
r
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 Mausan limit to 4 cars they block sidewalks and extend
I Thurber Rd Beard Ave into roadway
3I14/06 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
A ee that there should be a limit of four cars in
3/14/06 Barb Faunders gr
i
j 3118 Thurber Rd the driveway, if that is not possible, a maximum
of six should be allowed.
'I 3/15/06 Resident Recommends that the limit be changed to four
I 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
I,
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
I
Cauncil Procedure
In my opinion the Council would work better tagether if we adop# and adhere to pri_ncipals in
Robert's Rules of Order commonly referred to as Parliamentary Procedure, in regards to sorne of
the ways we interact at meetings.
Some suggestions are as follows:
New ideas should be introduced in a very short (1-2 minutes) verbal (or written) format-
we need to agree on a time certain that will be allowed to present. If the Council is
interested in more information, a longer more detailed written executive summary (1 page
or le
ss) may be presented at an upcoming u ork session or meetin whichever is more
g�
appropriate. Before being dealt with, the information MLJST BE CONCISE.
Amendments, amended language to resolutians, etc. should be backed up by clear concise
written material. Example: If I want to amend the langua.ge of a resolution, I need to
come to the meeting with the proposed amended language in writing. This wouId
eliminate lengthy discussion and debate and get us "to the point"of the requested change.
While we must alwa s rotect the ri a
ht to br�
Y P g n neu- ideas to the Council it must be done in a
manner that is respectful of each other's time.
I have been told that "we don't look professianal" in our meeting deliberations, and our citizens
deserve better from us, in my opinion.
Thank you for consideration of my suggestions.
Kay Lasman
City of Brooklyn Cente�
A Millennium Community
To: Ma or Kra ness and Council
Y g Members Carrnod L
asman
Niesen and O
Y� Connor
From: Michael J. McCauley
r F�
City Manager
Date: March 22, 2006
Re: 2006 City Manager Evaluation Form
Attached is a compilation form that comrines Council Member Niesen's and Council
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 Member
Niesen's draft, Council Member Carmody's alternate language is placed in italics below
the applicable section. Where Council Member Carmody's form suggested alternate
headings, those are set forth at the end of tl�e 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 11. Relationship With Mayor and
CounciL
The draft numbers each proposed area and then letters each subsection for ease in
discussing each line separately.
I would suggest that the combined form be cenerally discussed at the March 27 Work
Session to set the April lOth as the date to go over the draft section and line by section
and line. This will permit Council Members thc apportunity to review the combined form
and identify specific sections or lines they wish to discuss or ta propose modifications.
My general comments are that the combined farm needs to be streamlined into fewer
sections with more focus on administrative competencies and responsibilities. The basic
question is the City Council's direct kno«�ledge of the areas being evaluated and the
relation of the evaluation to the City Manager's responsibilities.
�i
�6301 Shin le Creek Parkwa Recreation and Community Center Phone TDD Number
g y
Erooklyn Center, MN 55430-2199 (763) 569-3400
City Hall 7'DD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
Combination Form
I}R�FT
CITY MANAGER E�'ALUATION FORM
Combined Council Member 1'Viesen Council Member Carmodv
��n�ti�ns'
Did Not Achieve: is that level of performance that consistently failed to approach the requirements of the job.
Needs Improvement: is that level of performance «�hich consistently falls below the requirements of the job. It
does not mean that every aspect of the employee's perfarmance is below adequate standards, but that, in general, the
employee does not meet the minimum expectations and requirements.
Met Expectations: 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 occasion, from poor to very good. 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 Expectations: is that level of performance that consistently surpasses standards of adequate performance.
Greativ Exceed Exneetations: is that level of performance consistently greatly surpasses the standards of adequate
performance.
1. Policy/Ordinance Facilitation
a. Presents policy/ordinance-related information clearly�, completely and accurately.
b. Respects and supports the role of elected officials in making policy/ordinance decisions.
c. Ensures that policy/ordinance decisions and initiatives are implemented.
d. Gives Council community feedback on policies,lordinances that were received directly by City personnel.
l 2 3 4 5
Did Not Needs Met Exceeded Greatly Exceeded
Achieve Improvement Expectatians Expectations Expectations
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 sen�ices are provided in a timely and effective manner.
3. Democratic Responsiveness
a. Keeps current on the unique culture and demoaraphics 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. r unctional and Operational Effectiveness
a. Is Knowledgeable on the basic principles of ser�%ice delivery in functional areas: public safety, community
I development, public works, finance, parks and recreation.
b. Provides reasonable, effective and clear budget. Monitors key financial indicators to ensure financial
performance is on track; reports discrepancies and recommends 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 Skills
a. Conveys information effectively and objectivel�� to others; distinguishes effectively the presentation of fact
ar opinion.
b. Facilitates the flow of ideas, information, and understanding between and among individuals.
c. Demonstrates the ability to work in harmony uTith others, minimizing conflict and fostering goodwill within
the organization, with the public and other go��ernmental representatives and external groups.
6. Staff Effectiveness
a. Maintain professional and high quality staff that pravides reports and services that are timely, complete,
equitable and of consistently high quality.
b. Holds the organization 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 equitable.
i. Alternate Council Member Carmr�c�v
1. Ensures that the policzes and procedures with regards to employee hiring,
promotion, per,formance 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 commitment 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 behai ior; does not allow dishonest/unethical behaviars to go
undisciplined.
ersonal actions. Abides b the ICMA Cod
e of
b. Demonstrates inte ri in rofessional relationshi s and y
g P P P
Ethics and maintains good standing the ICMA organization.
i. Council Member Carnzody alteri�ate
1. DemonstYates 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
I
t t
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 re.courses.
d. Council MembeY Carmody
1. Plans, organizes and supe�°vises the most economic utilization of manpower,
materials, and machiner y
10. Communication
a. Demonstrates a capacity for effective written and verbal communication.
b. Communicates information to the media in a way tllat increases public understanding of local government
issues and activities.
c. Conveys information effectively and objecti��el�r to different audiences.
i. Council Member Ca�°mody alternate
1. Is able to convey informatinn effectively and objectively to a variety of audiences
d. Agendas are 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. Establishes and maintains a system of reporting to the council current plans and activities of staff
b. Plans and organizes 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 «�ithin 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 establishing community goals
including a process for monitoring and reporting on the city's progress toward achieving those goals
13. Relationship with Public/Public Relations
a. Establishes and maintains a liaison uTith 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 jurisdictions 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 DRAFT
i b. Demonstrates imaginative leadership in staff
ALTERNATE HEADINGS FROM Council Member Carmody's form
Organizational Management
�'iscaUSusiness Management
Program Development and Follow Through
City Manager Evaluation Form DRAFT
Council Member Niesen's Form
I
I
I
Memo July 23, 2005
Date: July 23, 2005
To: Mayor and Brooklyn Center City Council Members
From: Diane Niesen
Subj: City Manager Evaluation Process: Performance Review Form
Other Action Items from Februar,y 2005 Council Workshop
From our City Council Leadership Workshop held Februan� 2005, the Summary of Key Observations and
Conclusions Made by the Participants included several action items for Council to be done by our next workshop.
CITY MANAGER (C1V� EVALUATION PROCESS (p4, item C)
►"Councilmembers should review current CM Evaluation Form and submit their proposed modifications to the
form for discussion at a scheduled wark session." "City Council would approve changes in terms of:
(1) format, (2) content, (3 rating scale."
The following rating system/scale was proposed.
1 2 3 4 5
Did not '�1et Exceeded Greatly exceeded
achieve Needs improvement expectati expectations expectations
For discussion purposes, BC's current 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
informed decisions...?
2-2. Has CM assisted CC in clarifying complex issues and understanding administrative, legal and procedural
requirements?
3. Has CM provided 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 intergovenunental relations? (4listed)
5. Overall(summary of Ql-Q4): (each item has a question/rating choice)
�i
1. implement and facilitate annual council goals?
2. administrative support of Council?
3. discharge of administrative duties in fiscal affairs, operations, projects, and enterprises?
4. intergovernmental matters?
I
3/22/2006 1 BCCC CM eval rev05.doc
Memo July 23, 2005
I
CM JOB DESCRIPTION (overview)
Essential duties and responsibilities
l. Operations
Controls/directs admini
stration of Ci s affairs
Ensures Charter/laws/policies/ord'mances/resolutions are enforced
Encourages/develops/locates alternate funding for City services and joint/co-op operations
Assists staff with planning/coordination activities; 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 praject strategies
Plans and helps update documents like: strate�ic plan, CIP, comprehensive plan
3. Personnel
Directs the organization for effectiveness
Directs executive staff: establishes goals 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 fmancial assets
Oversees preparation and presentation of annual budget
Authorizes purchases/expenses
i Monitors financial position and analyzes trends for updated actions
5. Council
Supports City Council (attends, presents, recommends, implements)
Informs Council of significant matters/effectivel�r presents matters needing action/approval
Enforces ordinances/resolutions (ref. l. Operations) and recommends changes
Coordinates work with Commissions/Council and presents their recommendations
Attends Council meetings and other public as needed
6. Communication
Ensures public services are effectively provided (ref. 1. Operations) and public complaints/concerns are effectively
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
government units/municipalities on matters of mutual interest
manner
Mamtains effective relationships with commumty organizations/members, m positive
Note item to correct: In the Job Description, with section Essential Knowledge, Skills, and Abilities, on p.3, within
section titled: Technical Knowledge, it reads: "Abiliry to act as city manager when city manager is not available."
3/22/2006 Z BCCC CM eval revOS.doc
I
Memo July 23, 2005
PROPOSAL
Cover three categories of performance measures: (1) 7ob 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 appropriate 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 Desc
Job Dimension Xref' Measurement Griteria Comments
Presents policy/ordinance-related information clearly,
completely and accurately.
Respects and supports the role of elected officials in
1. Policy/ making policy/ordinance decisions.
Ordinance 1, 5, 6
Faeilitation Ensures that policy/ordinance decisions and initiatives are
implemented.
Gives Council communih� feedback on policies/
ordinances that were receiv�ed directly by City personnel.
Keeps current on citizen needs by using effective
communication vehicles and processes.
2. Citizen Service 1, 5 Ensures prompt, courteous and accurate responses to re-
quests from citizens either directly or through the Council.
Ensures that necessary and appropriate city services are
provided in a timely and effective manner.
Keeps cun on the unique culture and demogaphics of
Brooklyn Center.
1, 6 Demonstrates a commitment to democratic principles by
3. Democratic
Responsiveness (review Job respecting elected officials, community interest groups, and
Description) �e decision-making process.
Respects and promotes active citizen participation in local
governance.
Is knowledgable on the basic prulciples of service delivery
in functional areas: public safety, community development,
public works, fmance, pa��ks and recreation.
Provides reasonable, effective and clear budget. Monitors
key financial indicators to ensure financial performance is
on track; reports discrepancies and recommends
appropriate financially responsible actions to CounciL
4. Functional and
Operational 1 2 4 Sources of information or opinion cited in documents and
Effectiveness presentations are current, camplete, balanced and accurate.
Manages allocation of financial resources to meet and
match the changing needs and abilities of the citizenry.
Anticipates future needs, organizes work operations
accordingly and establishes timetables for projects.
Yearly goals and objectives are planned and implemented
effectively using city resources in the most efficient
manner.
3/22(2006 3 BCCC CM eval revOS.doc
Memo July 23, 2005
.fob Desc
Job Dimension Xref Measurement Criteria Comments
Conveys information 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.
Skills
Demonstrates the ability to �h�ork in hannony with others,
minimizing conflict and fostering goodwill within the
organization, with the public and other governmental
representatives and external �,noups.
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 orgai�ization accountable for results.
Effectiveness 1, 2, 3
Stays current on level of staff morale (high, medium, low).
Ensures that the policies and procedures for employee
hiring, promotion, performance appraisal and discipline are
le al cturent and e uitable.
g q
Demonstrates the capacit�� to inspire and motivate others to
achieve their best and fulfill the obj ectives of the Council.
Demonstrates commitment to make decisions, address and
7. Leadership 1, 2, 4 fulfill responsibilities.
Anticipates and positions the organization to address and
respond to anticipated events and circumstances.
Accepts responsibility for undesirable resuits.
Models and requires honest and ethical behavior; does not
allow dishonesdunethical behaviors to go undisciplined.
8. Ethics and 3 Demonstrates integrity in professional relationships and
review b v de of Ethics and
7o personal actions. Abides b, the ICMA Co
Inte ri
g�' Description) mamtams good standmg m the ICMA organization.
Demonstrates and models the organizations' values,
mission statement, goals and objectives.
Provides accurate assessment of the City's fiscal condition.
9. Organizational
Planning and 1, 2, 4 Prepares clear, effective, understandable budget.
Management
I Effectively manages the allocation of fmancial resources.
Demonstrates a capacity for effective written and verbal
communication.
Communicates information to the media in a way that in-
j creases public understandin:t 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
timeframes to effectively fulfill the�r elected duties.
3(22/2006 4 BCCC CM eval revOS.doc
I
I
Memo July 23, 2005
Job Desc
Job Dimension ;�ref Measurement Criteria Comments
11. City Scorecard Listed beIow
I BC Scorecard Item Factual Measurement Criteria l' Comments ,I
L CiTy operations budget accuracy
spending discipline
timely, complete and accurate communication
2. City enterprise operations budget accuracy
profitability level
level of financial rewardiYisk to taYpayers
3. City service/ordinance level of clarity to the community, enforcement
effectiveness equity and voluntan� compliance
community feedback (direct to city personnel
or Council)
4. Property tax affordibility index taxpayer burden ranl:ing on metro area average
priced home
5. Crime rate/trends crime rates per capita and comparisons to other
first-ring suburbs
number of crimes successfully prosecuted
and/or solved
6. C/I vacancy rates histarical vs. current trend
apply to existing structures and vacant city-
owned land
7. Salary and benefits percentage of operating budget and total
amounts
affardableireasonable for BC demographics
comparisons to other �overnment agencies
8. Pollution number of environizlental and noise
efforts to track and address/resolve
9. Lawsuits against City number of lawsuits filed against City
number of lawsuits «on, settled ar lost
costs incurred for IeQal fees and remedies
(including stafftime)
10. Communication effectiveness number of instances community members
for community claimed they felt inapprapriately informed on
issues that impacted them
innovation/ideas to monztor/improve
List 1-3 strengths of this individual as it relates to their position of CM for the City of Brooklyn Center.
List 1-3 items for improvement that this individual should achieve during the coming year.
Process recommendation: Conduct a performance evaluation each year before December 31, and set salary each year
for the following year on or before December 31 to allaw the current Council to review and compensate the CM in
accordance with the results of the performance review.
3/22I2006 BCCC CM eval revOS.doc
Memo July 23, 2005
i
Other Action Items (p. 8):
1. Dialogue between CM and Council on mutual expectations and ways to effectively support each other in the
achievement of responsibilities/duties.
Suggestion: Each prepare/present 1-3 items for initial discussion.
2. Identify issues Council should be tracking on continuous basis, and establish effective system/process to
accomplish.
Suggestion: Each identify categories of community management information (e.g., community service
issues, ordinance changes, crime information, number/type of lawsuits, staff turnover, etc.) with
suggestions for criteria to apply a criticality weighting (e.g., cost, community impact, community
feedback, tax implication, public safety —��hich matters most?} based on individual values, for initial
discussion.
New business for next Retreat to be discussed in canjunction 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
3/22/2006 6 BCCC CM eval revOS.doc
Council Member Carmodv's Form
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 and
recreation.
Maintain professional and high quality staff. Motivates others to achieve 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.
FiscalfBusiness Management
Provides an accurate assessment of t11e city's fiscal condition by a system of
reports for the council.
Prepares a clear, effective, and understandable budget with documentation that
eonforms to guidelines adopted by the city council.
Plans, organizes and supervises the most economic utilization of manpower,
materials, and machinery.
Program Development and Follow Through
Presents policy/ordinance related information clearly, completely and accurately.
i Ensures that policy/ordinance decisions and initiatives are implemented.
Yeaxly 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 effecti�=e written and verbal communication.
Establishes 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, clear 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 developments in
the area of public policy.
Establishes and maintains an awareness of developments occurring within other
cities or other jurisdictions that may have an impact on city activites.
Plans, organizes and maintains a process for assisting the council in establishing
community goals including a process for monitoring and reporting on the city's
ro ress toward achievin those aoals.
g
P g b
Relationship with Public/Public Relations
Ensures prompt, courteous and accurate responses to requests from citizens either
directly or through the council.
Keeps current on the unique culture and demographics of Brooklyn Center.
Is able to convey information effecti��ely and objectively to a variety of audiences.
Communicates information to the media in a way that increases public
understanding of local government issues and activities.
Establishes and maintains a liaison «�ith private non-governmental agencies,
organizations and groups involved in areas of concern that relate to services or
activities of the city.
Intergovernmental Relations
Has a liaison with other governmental jurisdictions in those areas of service that
improve or enhance the city s programs.
Maintains communications with go��ernmental jurisdictions with which the city is
involved or has interaction.
Professional and Personal Development
Demonstrates integrity in professional relationships and personal actions.
Maintains awareness and value of broadening professional and personal
development.
Demonstrates imaginative leadership in staff.
�'ity of Brooklyn C'enter
A Millennium Community
To: Ma or Kra
ness and
y g Council Members Carmod Lasman Niesen and O Connor
Y>
From: Michael J. McCauley r r
City Manager
Date: Apri16, 2006
Re: Instant Runoff Voting
Attached are the materials that Mr. Hancock presented at Open Forum on March 27 As
indicated that evening, a primary eliminates the potential for a run off election due to a
failure of a candidate to obtain 50+ af the vote. As Mr. Allan Hancock stated, the
instant runoff votin ro
g p cedure could be used to elimmate a primary. As demonstrated in
the brochure, instant runoff voting could be rather involved in having voters make
numerous selections for the same position: i.e. Choosing ranlcings for as many candidates
as have filed. The other issue is that the brochure deseribes the use of instant runoff
voting as insuring in single-seat elections, there is a majority for the winner. The City's
current structure has the top 2 council candidates out of 4 candidates in the general
election be"
in the
winners. In tan
g s t runatf voting may not work as well in that
circumstance.
The matter is on the agenda for Council dii-ection on any response it may wish to give
Mr. Hancock to follow up on his appearance at C)pen Forum.
6301 Shingle Creek Parkway Recreation c�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
I
The valu� of majority winners.
HOW IfIStBtlt FZUflqff 110tlilg WO�1CS Runoffs seek to assure that in single-seat elec-
tions khe winnin candidate has the su ork of the
9 Pp f
Instant runoff voting (IRV} is a method of majority of voters, rather than a mers plurality, fn
voting that determines a ma}ority winner in a a majority system, candidates must gain the sup-
s i n g l e e l e c 6 o n, n o m a tt e r h o w m a n y c a n d i d a t e s po r t o f m o r e t h a n 5 0% o f v o t e r s, w h i l e a p l u r a l i t y
are running. It combines a regular election and system can reward extreme candidates wha ���a��,��z,,
a runaff election between the top candidates couldn't gain 50°lo support, but might win the most 1
into one efection. votes in a fractured field. Runoffs indeed can be
valuable in determining the community consen- �i� f ^+�t,� c
Each voter has the aption of ranking candidates sus and protecting voters from unrepresentative 3� t'��` r;
in order of choics (1, 2, 3, etc.). They select leaders. 8ut re uirin two elections cen undermine �'rv+ ��`t'"'"'�" ��l
`1 1 x t �F�' 41�� [i ;7 o F
their favorite candidate as their firs# choice, the majority principle due to lower voter turnout. f;s r l
3
and their runoff choices as their subsequent 1�
choicas, in case their favorl#e candidete Why 1NaStB I110flBy Ott iW0 @I@Ct10t1S� �,4 a F n'{ Y
doesn't make the rurtoff. By using instant runoff voting, the goal of ,e�
rna}ority winners can be achisved in just one eleo- ti F
tion. B eliminatin an unnecessar tri to ths
5T Np RD Y 9 Y P s, f�
polis, IRV saves significant tax dol�ars, reduces r
choice choice choice ��i
candidatea need to raise money and maximizes
Peul T, CarstAn
voter turnaut. If desired, it is even ossibla to fold r t
p
kN� �..1��
Caralyn P N�Sh I primary elections intu the generel �fection.
r
Thomas G. Webb C7 I C� M o
The Center for Voting and Democracy is a non- �a,���
E
partisan, non-profiC educational arganization �4;� r��„ u Y
that studies tha American eVectoral process and y t W P� I
the im act of ro osed refarms on voter artici- Z t 4
P p p P ��z���� I
If no candidate is the first choice of at least pation, reprssentaHon end governance. The Cen- 4u4''��y� E'
ter is supportad by individuals and foundations,
half of the voters, a runoff count is conducted. t
The counting pf b811ots sirnula#es a series of including the FoM Faundation, the Joyce Foun- 2 k
dation and the Open Society Institute. Former
runoff elections, eliminating the candidates
from the bo#tom who heve the least support. Congressman .lohn R. Anderson Is its president. r rf'}ti���
In each round, every voter's baliat counts as
The Center for Voting Democracy v';
a single vote for his or her top-ranked candi-
date wha is skill in the running, as indic�ted 6930 Carroll Ave., Suite 610, Takoma Park, MD 20912 �L��
on that voter's ballat. Candidates with the 301-270-4616 info@fairvote.org www.(airvote.org s,
least support ar� eliminated until there are WI�'�C�U�'`„
just two rernaining. The finalist with the high-
LacalOrganizabon: q Sg �p��►
est number ot votes is elected by a majority.
t f
The count can be simplified by immediately rUnQ�t �,��€�C�l�n
.,,F...
reducing the field to two candidates after the t
initial ballot count and determining a winner w w W
in the second raund of counting.
Why not sett)e for plurality winners? appeai. IRV can avoid some of the extreme polarization Typical two- instant �runoff
that can occur in a traditional runoff between candidates etection runoff VOtlilg
When three or more candidates are in a race, the who characterize their opponent as dishonorable.
majority of voters may split such that the plurality "win- S 7 E P 1 1
ner" (the one with the most votes) Is actually the candi- �r+�
date a ma}orlty of vaters consider to be the worst choice. L►► Vatets go to the pofis and Voters go to the polis and
There is no need to suffer the "spofler" problem in multi- mark their favorite mark their favorite candi-
cendidate races, or settle far undemocr�dc winners, Is instant runoff voting constitutionai? candidate oh their baliot. tlate on their balfot as their
when a ma orft votin s stem such as instant runnff first choice. At the same
1 Y y
voting cen be used. Yes. Because every voter ets one �ote in eacn time they cen aiso indicate
g their runotf choices by
round of countfng, American courts have consistently rankin candidate5 in order
ruled that IRV complles with the one-parson, one-vote of pte�e�enCe 1, 2, 3.
mandate of the U.S. Suprems Court. Likewlse, there are y S T� P Z
Why is IRV better than two eleCtion runoffs? no federal laws thet would prevent eny state firom adopt I
ing instant runoft vating for electing their congrassional �f na cand(date receives a if no canditlete receiVes a
It ssvAS both t�xpayers and candidates money� delegation or presiden8a) electora. ii18]Otlty, 8 SBGOnd elec[iOn majority, me baliots simpiy
and eliminates hass�es for both voters and electfon ed- is called, need to be retabulatod.
miniskrators by having one election inste�d af two. Tra- S T E P 3
ditfonat runofPs aiso typicaffy resuit in sfgnificantiy fewer
vaters participating in one af the electlons. A drop in Where has IRV been adopted? Gandidates resume tund
turnout of over 50% is not uncommon. IRV maximizes raising and campaigning�
votar participation, Ths cauntries with tha highsst vater 1RV is used for overnmenk eieotions in severai NeW �Ilats must be quickly
turnout in the world uae inatant runoff vating, 9 printetl, polling stations Skip step 3.
English-speaking countries, such as: Australia, Ireiand must be set up again,
and the U,K, In the U.S. instant runoff voting has been Typica�ly same voters don 't
edopted in places such as: Louisiane (for overseas mak� two trlps to the polis,
absentee ballots), the Utah Repubiican Party (for U.S. resulting itt lower tumout.
is 1f2V simple fvr voters to use? Congresslonai nominatlons at conventfons), and the city S T� P 4
of San Francisco far its most important offices. Many .r
Yes. Millions of voters have used this system for organizations and colleges use IftV, as ft is reGOmmended if your favorite candidate If your tavorite candidate
decades without problems. Mock electlons in a large by Robert's Rules of Order (called "preferentiai voting makes it intn the runof( makeS it IntO the �tln0(i
nurnber of schools and senior citizen centers prove that PoAtical scientists elack the president of the American election, y0u mark a neW count your originai ballot
people have no difflculty with rank-order voting, and Poifticai Science Association using IRV. ba{1ot for your tavvrite counts for your favorlte
most actually prefer it. An iniNel voter aducation cam- Catltlitl8t8 8geltl. If your canditlate again. If your
iavorite has been eiimi- favorite has been elimi�
peign is recommenderl, but all evidence suggests that Q i
vater error wiU not 4ncrease and may even decrease, nated, you mark your baliot natetl, your bgllot counts I
for your next cholce among for your next choice among
Are current va#ing machines abie to handle IRV? the remaining cand(dates. the remaining candidates,
STER 5 I
This depends an the voting machine. Older punch-
What impact would IRV have on eampaigns? card and lever-styls machines are incompatlble. Ranked- Th2 CBndldate Wlth the The cand'Idote With the
choice elections have been administered on opticai scan, majority oF the voteS (o( majorlty oF the votes wins.
IRV eliminates the need for a second round of cam- and touchscreen equipment, as well as w{th hand-counted thOSe Voting in the SeCOnd
paign fund-raising. Slnce second election runoff cam- paper ballots. New Federal Electlons Commission stan- eleCtion) wins.
pafgns are so short, candidates with quick access to dards require voting machine vendors to d(scbse which U M M A R Y
large cantributors have an advantage. Also, experience of their machines can handle ranked ballots. Federal
in jurisdictions using instant runoff voting suggesks it lawmakers are likely to make more than $3 billion avail- wastes tax maney saves tax money
tonds to reduce negakive campaigning. Since candi eble for upgrading voting machines. Even jurisdictions with *���dg ��i9n 5ea5txt one elecdon instead ot two
dates want to also win the second ahoice votes from some oider machines can implement IRV for a fraction inCOnVenient fof VOtefs ,k more cor�venientfor voters
voters who fiavor another candidate, mudslinging can of the cost of a new election, by simpfy modifying the �ntl elBCtiofl8dmi►115UetOfS antl election adminisUatas
bac;kiire by alienating these voters. IRV elects candi ballot design, and treating the occasional IRV runoff
dai:es with both strong core support and aiso broad count like a recount using existing recount procedures. �r lower voter tUrnoUt higher votef tumout
Na 6-t2, lst E�tgmssment 8=�th Legislative Sessian (2��5-20�Fi) http:/I��v.revisor.leg.state.mn.usfbinfbldbiil.php?bill=S0642.1&ses�
Legisfature Home Links to ffie Wor1d J Help Advanced Search
�i��es�t.� �+�n�t�
House Senate Joint Qepartments and Commissions Bitl Search and Status Statutes, Laws, and Rules
S.F. No. 642, 1 st Engrossment 84th Legisiative Session (2005-2006) Posted on Feb 03, 2005 f���'�r�� �c
�I`� �---5 /I� �r L�� fZ� /�J�- �4 F h �c,�-''/�''��
1.1 A bill for an act
1.2 relating to elections; authorizing alternative methods
1.3 of voting in city elections; permitting instant runoff
1.4 voting; requiring a report; proposing coding for new
1.5 law in Minnesota Statutes, chapter 205.
1.6 BE IT ENACTED BY THE LEGiSI,ATURE OF Tf:E STATE OF MINNESOTA:
1.7 Section l. j205.85] [METHODS OF VOTING IN CITY EZ,ECTIONS.]
1.8 Nothinq in Minnesota Statutes prehibits a city from
1.9 adopting by ordinance for use in eity eI.ections cumulative
1.10 voting, ranked-order votinq, or another method of votinq with a
1.11 form of ballot that differs from the foz recxuired by section
1.12 204B.36, subdivision 2. If a city conducts a city election
1.13 using an alternative method described in this section, the city
1.14 is requested to report on its experience to the senate and house
1.15 committees with jurisdiction over election laws within 30 days
1.16 after the openinq of the first leqisia�ive session after the
1.17 city first uses the aiternative voting method.
Piease direct all comments conceming issues or legislation
ta your i-{�use nJ�e;r�er ar St=�? Sej�ator.
For Legistative Staff or for directions to the Capito{, visit the Contact Us page.
Ge�i2ral G�_:est;o�s cr c.4 ����?�cr�t�.
1 of 1 3/27/2006 4:26 F
Combination Form
i