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HomeMy WebLinkAbout2005 01-10 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION January 10, 2005 6:00 P.M. City Council Chambers 1. City Council Discussion of Agenda. Items and Questions 2. Discussion of Work Session Agenda Items as Time Permits 3. Miscellaneous 4 Adjourn I I I I CITY COUNCIL MEETING City of Brooklyn Center January 10, 2005 AGENDA 1. Informal Open Forum With City Council 6:45 p.m. provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 7 p.m. 3. Administer Ceremonial Oath of Office 4. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. 5. Roll Call 6. Pledge of Allegiance 7. Council Report 8. 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. December 13, 2004 Study Session 2. December 13, 2004 Regular Session 3. December 13, 2004 Work Session 4. December 27, 2004 Special Session b. Licenses C. Resolution Designating Official grating O f cial Newspaper CITY COUNCIL AGENDA -2- January 10, 2005 d. Resolution Designating Depositories of City Funds e. Resolution Appointing Michael J. McCauley as Director and Jim Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group f. Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations g. Resolution and Consent Order Imposing Civil Penalty 9. Public Hearing Item a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Southwest Corner of 71 Avenue North and Brooklyn Boulevard) -This item was held for public hearing on December 13, 2004, and tabled to January 10, 2005. At this time the final plat has not been recorded and it is recommended to table this ordinance to the January 24, 2005, meeting. -Requested Council Action: —Re -open the Public Hearing. —Take public input. Motion to table ordinance. 10. Council Consideration Items a. Resolution Expressing Recognition and Appreciation of Bob Peppe for His Dedicated Public Service as Council Member Requested Council Action: Motion to adopt resolution. b. Resolution Recognizing Anastasia Filipiak in Recognition and Appreciation for Her Service to the City of Brooklyn Center Requested Council Action: Motion to adopt resolution. C. Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Jean Gould Requested Council Action: Motion to adopt resolution. d. Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Lieutenant Curtis Lund •Requested Council Action: Motion to adopt resolution. CITY COUNCIL AGENDA -3- January 10; 2005 e. Resolution Expressing Appreciation for the Donation of the Brooklyn Center Crime Prevention Program in Support of the Summer Fun Squad Program -Requested Council Action: Motion to adopt resolution. f. Resolution Expressing Recognition and Appreciation of Members Who Have Served on City Commissions -Requested Council Action: Motion to adopt resolution. g. Mayoral Reappointments to City Advisory Commissions -Requested Council Action: Motion to ratify Mayoral reappointments. h. Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives for Other Organizations for 2005 -Requested Council Action: Motion to ratify Mayoral appointments. i. Select Presiding fficers Mayor Pro Tern and Actin Mayor Pro Tern g Y g Y -Requested Council Action: Council discuss and select presiding officers. j. Resolution Declaring Commitment to the Brooklyn Center City Charter -Requested Council Action: Motion to adopt resolution. k. Resolution Relating to Liquor License of Value Food -Requested Council Action: Motion to adopt resolution. 1. Resolution Receiving Housing Commission's Senior Housing Report -Requested Council Action: Motion to adopt resolution. M. Resolution Approving a Joint Powers Agreement for Street Maintenance Activities and Authorizing Solicitation of Bids for 2005 Seal Coating -Requested Council Action: Motion to adopt resolution. CITY COUNCIL AGENDA 4- January 10, 2005 n. Resolution Approving the Contract for Law Enforcement Labor Services (LELS) Local 86 and the City of Brooklyn Center for the Calendar Year 2005 -2006 Requested Council Action: Motion to adopt resolution. o. Resolution Amending the City's Special Assessment Policy Regarding Commercial and Industrial Parcels -Requested Council Action: Motion to adopt resolution. 11. Adjournment City Council Agenda Item No. 8a 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 DECEMBER 13, 2004 CITY HALL COUNCIL CHAMBERS CALL TO ORDER STUDY SESSION 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, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, Community Development Director Brad Hoffinan, Fiscal and Support Services Director Dan Jordet, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lasman inquired when and where the City would be advertising for task q ty g k force members with regards to Economic Development Authority agenda item 4e, Resolution Selecting Planning Firm for Opportunity Site. City Manager Michael McCauley discussed that there would be notice in this month's City Watch and if the Council would like to have something in the local newspaper that could be done. Councilmember Lasman responded that if it was going to be published in City Watch it would not be necessary to publish in the local newspaper. Councilmember Lasman questioned if nineteen disturbance calls would fall under the category for a provisional rental license with regards to City Council agenda item 7b, Licenses. Mr. McCauley discussed that the rental licenses requested for approval would not be recommended if they were to fall under the category for a provisional rental license. Councilmember Lasman inquired how the totals are approximated for assessments with regards to City Council agenda item 8c, Considering the Proposed 2005 -2009 Capital Improvement Program. Mr. McCauley discussed that the assessments are budgeted to be around 50 percent of the street construction costs. Director of Public Works /City Engineer Todd Blomstrom discussed that the five year projected program uses the construction price index and adjustments are made to the five -year program each year. Councilmember Lasman inquired if Evergreen Park could be considered for sidewalks as part of the 2005 -2009 Capital Improvement Program. She informed that she had heard complaints regarding the unsafe walking conditions. 12/13/04 -1 DRAFT Mr. Blomstrom discussed that the Park and Recreation Commission had discussed that issue and it was recommended to hold off and concentrate on the Palmer Lake Trail, with the Evergreen Park area re- valuated at later date. MISCELLANEOUS Councilmember Niesen informed that she would like to have a copy of the one -page statements that were to be submitted from the planning firms being considered for the Opportunity Site. Councilmember Lasman inquired about the deer hunt results. Mr. McCauley discussed that there had been one more deer killed and that the last day for the deer hunting was on December 17, 2004. Councilmember Lasman questioned if the City is considering purchasing any homes along Brooklyn Boulevard. Mr. McCauley discussed that at this time the City is not considering purchasing any homes along Brooklyn Boulevard. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Study Session at 6:21 p.m. Motion passed unanimously. City Clerk Mayor 12/13/04 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 13, 2004 CITY HALL COUNCIL CHAMBERS L INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, Fiscal and Support Services Director Dan Jordet, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Jay Quam, Attorney representing Applebee's Restaurant, addressed the Council to ask that they consider waiting to review Applebee's liquor license until after the Summary of Judgment Hearing that will be held on December 16, 2004. A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Informal Open Forum at 6:49 p.m. Motion passed unanimously. 2. INVOCATION The Invocation was offered at the Housing and Redevelopment Authority meeting. 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 7:28 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, Fiscal and Support Services Director Dan Jordet, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 12/13/04 -1- DRAFT 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Carmody reported that she attended a watershed meeting and that the Shingle Creek and West Mississippi Watersheds are no longer considering combining the two watersheds. Councilmember Lasman reported that she attended the Holly Sunday event and wished to express thanks to the Brooklyn Center Lions Club for their help with the event. Mayor Kragness reported that she attended the League of Minnesota Cities Congress of Cities Conference in Indiana and visited the City of Paynesville along with attending a Paynesville City Council meeting. Mayor Kragness shared two letters that had been received. The first letter was from Patrick McGowan, Hennepin County Sheriff, thanking City staff for their involvement with the dispatch service study and the decision to move forward with Hennepin County providing dispatch services for Brooklyn Center. The second letter was from two residents in Brooklyn Center expressing thanks for the great service received from the City of Brooklyn Center Fire and Police Departments after a fire damaged their home. Councilmember Niesen reported that she attended the League of Minnesota Cities Congress of Cities Conference and that she will be providing a report to the Council in January. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the agenda and consent agenda with the removal of the Applebee's liquor license for discussion of the legal outcome at a special meeting on December 27, 2004, 4:00 p.m. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the November 15, 2004, budget work session with Financial Commission; November 22, 2004, study, regular, and work session; and December 6, 2004, truth in taxation hearing and special session meeting minutes. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the following list of licenses. Motion passed unanimously. 12/13/04 -2- DRAFT CHRISTMAS TREE SALES Malmborg's 5120 Lilac Drive North GASOLINE SERVICE STATION Brooklyn Center Municipal Garage 6844 Shingle Creek Parkway Humboldt Shell 6840 Humboldt Avenue North Metropolitan Transit 6845 Shingle Creek Parkway LIOUOR CLASS A ON -SALE INTOXICATING AND SUNDAY Olive Garden 1601 James Circle North Vallarta's Mexican Restaurant 6000 Shingle Creek Parkway LIOUOR CLASS B ON -SALE INTOXICATING AND SUNDAY Coyote Grille 2101 Freeway Boulevard Days Inn 1501 Freeway Boulevard Earle Brown Lanes 6440 James Circle North Hilton Minneapolis North 2200 Freeway Boulevard BC Bar and Grill (Formerly Ref s) 2545 County Road 10 TGI Friday's 2690 Freeway Boulevard Subject to Liquor Liability Insurance Certificate, Certified CPA Statement, and /or Proof of Payment of Property Taxes on or before December 31, 20041 Subject to Background Investigation Approval for new General Manager on or before December 31, 2004] LIOUOR CLASS F ON -SALE INTOXICATING AND SUNDAY Flik International 6155 Earle Brown Drive LIOUOR CLUB AND SUNDAY Duoos Brothers American Legion Post No. 630 6110 Brooklyn Boulevard LIOUOR ON SALE 3.2 PERCENT MALT LIOUOR 50's Grill 5524 Brooklyn Boulevard Centerbrook Golf Course 5500 Lilac Drive Chuck Wagon Grill 1928 57 Avenue North Davanni's 5937 Summit Drive Great India 6056 Shingle Creek Parkway Scoreboard Pizza 6816 Humboldt Avenue North LIOUOR OFF SALE 3.2 PERCENT MALT LIOUOR Cub Foods 3245 County Road 10 SuperAmerica 43192 6950 Brooklyn Boulevard SuperAmerica #4160 6545 West River Road SuperAmerica 44058 1901 57 Avenue North Value Food 6804 Humboldt Avenue North Winner Gas 6501 Humboldt Avenue North Subject to liquor liability insurance certificate on or before December 31, 20041 12/13/04 -3- DRAFT LIOUOR ON -SALE WINE 50's Grill 5524 Brooklyn Boulevard Great India 6056 Shingle Creek Parkway Subject to liquor liability insurance certificate on or before December 31, 2004] MECHANICAL Air Comfort Specialists, Inc. 662 116 Lane NE, Blaine C C HVAC, Inc. 21 Oak Avenue South, Maple Lake DeZiel Heating Air 16123 rd Avenue NE, Buffalo Utility Partners, Inc. 9901 Indigo Trail, White Bear Lake PAWNBROKER Cash -n -Pawn 1964 57 Avenue North RENTAL Renewal: Brookhaven Apartments Hyder Jaweed Earle Brown Farm Apartments Sheldon Tysk Emerson Chalet Apartments Tom Morrow Garden City Court Virginia Podnieks Georgetown Park Townhomes Wiensch Construction 4718 Twin Lake Avenue North Richard Elizabeth Becht Sterling Square Apartments John Roder 321863 rd Avenue North Eugene Hess 5337 70 Circle Gary Bistodeau 5101 Eleanor Lane North Michael Potaczek 5550 Girard Ave North David Trepanier 6637 Xerxes Place North Douglas Finch 6765 Humboldt Avenue North— Suburban Properties, LLC (Kwi Ha Wong) Initial: 5301 -5305 Russell Avenue North Nedzad Ceric 2807 66 Avenue North Nicole Franklin 1304 68 Lane North Samuel Holloway III 4806 69 Avenue North Mason White Sr. 4824 71" Avenue North Phia Xiong 3907 Burquest Lane North Malcolm Vinger II 6007 Colfax Avenue North Errol Edwards 5548 Logan Avenue North Brenda Stachowski 5339 Queen Avenue North Abraham Murphy SECONDHAND GOODS DEALER CD Warehouse 6072 Shingle Creek Parkway SIGN HANGER Universal Signs 1033 Thomas Avenue, St. Paul 12/13/04 -4- DRAFT TOBACCO RELATED PRODUCT American Legion Post 630 6110 Brooklyn Boulevard Humboldt Shell 6840 Humboldt Avenue North 7c. RESOLUTION DECLARING ELECTED OFFICIALS BE. CONSIDERED EMPLOYEES FOR WORKERS' COMPENSATION INSURANCE PURPOSES RESOLUTION NO. 2004-173 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING ELECTED OFFICIALS BE CONSIDERED EMPLOYEES FOR WORKERS' COMPENSATION INSURANCE PURPOSES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7d. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASE/REDUCTIONS FOR ORIENTAL MARKET, 1601 FREEWAY BOULEVARD; HOLIDAY STATIONSTORES, INC., 6890 SHINGLE CREEK PARKWAY; AND NORSE MANAGEMENT, INC., TOWNHOMES AT 68TH PLACE AND IRVING PLACE A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the site performance guarantee release /reductions for Oriental Market, 1601 Freeway Boulevard; Holiday StationStores, Inc., 6890 Shingle Creek Parkway; and Norse Management, Inc., Townhomes at 68 Place and, Irving Place. Motion passed unanimously. 8• PUBLIC HEARING ITEMS 8a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST CORNER OF 71 AVENUE NORTH AND BROOKLYN BOULEVARD) City Manager Michael McCauley discussed that the legal description used in this ordinance amendment is established by the platting f the roe under consideration. The II property rty final plat approval by the City Council and the filing of the plat with Hennepin County is necessary to create a new legal' description and has not yet been accomplished. It is recommended that the City Council open the public hearing, take public input, and table the public hearing to January 10, 2005, at which time the final plat should accomplished. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. 12/13/04 -5- DRAFT A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Carmody to table the Public Hearing to January .10, 2005. Motion passed unanimously. 8b. AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE Mr. McCauley discussed that this ordinance amendment would amend Chapter 3 of the City Ordinances to reflect the new mechanical code being adopted by the State. A motion by Councilmember Peppe, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Niesen to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2004 -22 Councilmember Peppe introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 8c. CONSIDERING THE PROPOSED 2005 -2009 CAPITAL IMPROVEMENT PROGRAM RESOLUTION ADOPTING CAPITAL IMPROVEMENT PROGRAM Mr. McCauley discussed that the City Council annually adopts a five year Capital Improvements Program (CIP) and that a public hearing is to be conducted on the proposed program. Director of Public Works /City Engineer Todd Blomstrom informed that the Park and Recreation Commission had reviewed and recommended the proposed improvements and that the only changes from the previously adopted CIP would be the Shingle Creek Parkway project had been split and the Earle Brown Drive project had been changed to be done in 2005 -2006. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. 12/13/04 -6- DRAFT A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. Councilmember Niesen inquired if the price of street projects could be negotiated in two -year cycles. Mr. Blomstrom discussed that it would be difficult for two -year cycles because of the design and bidding process. RESOLUTION NO. 2004 -174 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING CAPITAL IMPROVEMENT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8d. CONSIDERATION OF 2005 BUDGET 1. RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR 2005 2. RESOLUTION ESTABLISHING A FINAL MARKET VALUE LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICES AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES CHAPTER 469.033 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2005 3. RESOLUTION ADOPTING THE 2005 GENERAL FUND BUDGET 4. RESOLUTION ADOPTING THE 2005 SPECIAL REVENUE FUND BUDGETS 5. RESOLUTION ADOPTING THE 2005 DEBT SERVICE FUND BUDGETS 6. RESOLUTION ADOPTING THE 2005 CAPITAL PROJECT FUND BUDGETS 7. RESOLUTION ADOPTING THE 2005 ENTERPRISE FUND BUDGETS 8. RESOLUTION ADOPTING THE 2005 PUBLIC UTILITY FUND BUDGETS 12/13/04 -7- DRAFT 9. RESOLUTION ADOPTING THE 2005 INTERNAL SERVICE FUND BUDGETS Mr. McCauley iscussed that the 2005 Budget includes levies for the police and fire debt service Y g p special assessments, and various allocations. He provided a PowerPoint overview.of the 2005 Budget that had been previously reviewed by the Council at the Truth in Taxation Hearing on December 6, 2004. A motion by Councilmember Carmody, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. Mary O'Connor, 5429 Lyndale Avenue North, addressed the Council to inquire where the money comes from for the 2005 Special Revenue Fund Budgets. Mr. McCauley responded that tax increment was the primary source. Ms. O'Connor asked if residents in that area would pay more in taxes due to tax increment. Mr. McCauley outlined the structure of tax increment. A motion by Councilmember Carmody, seconded by Councilmember Niesen to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2004 -175 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR 2005 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004 -176 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A FINAL MARKET VALUE LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICES AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES CHAPTER 469.033 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2005 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004 -177 Councilmember Lasman introduced the following resolution and moved its adoption: 12/13/04 -8- DRAFT RESOLUTION ADOPTING THE 2005 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004 -178 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2005 SPECIAL REVENUE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004 -179 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2005 DEBT SERVICE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004-180 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2005 CAPITAL PROJECT FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004 -181 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2005 ENTERPRISE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004 -182 Councilmember Lasman introduced the following resolution and moved its adoption: 12/13/04 -9- DRAFT RESOLUTION ADOPTING THE 2005 PUBLIC UTILITY FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2004-183 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2005 INTERNAL SERVICE FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION IN SUPPORT OF THE ANNUAL SAFETY CAMP PROGRAM Mayor Kragness read the resolution expressing appreciation for the $3,000 donation from the Brooklyn Center Fire Relief Association to be used in support of the Annual Safety Camp Program. RESOLUTION NO. 2004 -184 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION IN SUPPORT OF THE ANNUAL SAFETY CAMP PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9b. 2005 CITY COUNCIL MEETING SCHEDULE Mr. McCauley discussed the proposed 2005 City Council meeting schedule continues Council and work session meetings in the same fashion with regular meetings on the second and fourth Mondays. A motion by Councilmember Carmody, seconded by Councilmember Lasman to adopt the 2005 City Council meeting schedule. Councilmember Niesen inquired if the August Facilitated Retreat could be considered for a date in September. Mr. McCauley suggested that the Council consider the fall Facilitated Retreat date at the February Facilitated Retreat with Mr. Neu and suggested that the proposed meeting schedule be amended to read August/September for the fall Facilitated Retreat. 12/13/04 -10- DRAFT Councilmember Carmody amended her motion, seconded by Councilmember Lasman amending her motion, to adopt the amended 2005 City Council meeting schedule to read August/September for the fall Facilitated Retreat. Motion passed unanimously. 9e. CONSIDERATION OF MITIGATION PLAN AND PROVISIONAL RENTAL LICENSE FOR 5240 DREW AVENUE NORTH Mr. McCauley discussed that Troy Norberg, Manager of rental property for 5240 Drew Avenue North, had submitted a mitigation plan that was satisfactory to Community Development staff. This mitigation plan would allow for a provisional license that would be for six months. If the calls for service would remain at or below the ordinance maximum for twelve months they may apply for a regular rental license at that time. A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the mitigation plan and provisional g rent P p al license for 5240 Drew Avenue North. Motion passed unanimously. 9d. AN ORDINANCE VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN LANG ADDITION, REPLAT OF BLOCK 2 LANG ADDITION AND CENTER BROOK ADDITION Mr. McCauley discussed that this ordinance vacation is part of the preliminary plat approval for the Willow Lane School property and would call for a second reading and public hearing on January 24, 2005. A motion by Councilmember Carmody, y, by Councilmember Lasman to approve first reading and set second reading and public hearing on January 24, 2005. Motion passed unanimously. 9e. RESOLUTION ACCEPTING THE DONATION OF A BAIT CAR FROM CITYWIDE TOWING TO THE CITY OF BROOKLYN CENTER POLICE DEPARTMENT TO BE USED AS A THEFT FROM AUTO AND VEHICLE THEFT DECOY CAR Mr. McCauley discussed that this resolution would accept the vehicle donation of a bait car from City Wide Towing. RESOLUTION NO. 2004-185 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING THE DONATION OF A BAIT CAR FROM CITYWIDE TOWING TO THE CITY OF BROOKLYN CENTER POLICE DEPARTMENT TO BE USED AS A THEFT FROM AUTO AND VEHICLE THEFT DECOY CAR The motion for the adoption of the foregoing resolution was duly P g g y seconded by Councilmember Carmody. Motion assed unanimous) p y 12/13/04 -11- DRAFT 9f. RESOLUTION SETTING SALARIES FOR CALENDAR YEARS 2005 -2006 Mr. McCauley discussed that a survey had been done and based on the evaluation of that survey it is i recommended to set salaries for calendar years 2005 -2006 with a three percent increase. RESOLUTION NO. 2004 -186 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION SETTING SALARIES FOR CALENDAR YEARS 2005 -2006 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9g. RESOLUTION SETTING 2005 -2006 CAFETERIA PLAN CONTRIBUTION FOR NON -UNION EMPLOYEES Mr. McCauley discussed that parallel to the contract for Local 49 this resolution would adopt the 2005 -2006 Cafeteria Plan contribution for non -union employees. The City's contribution for regular, full -time non -union City Employees for the calendar year 2006 will contribute 60 percent of the first $80 of insurance premium increase over the $902.97 premium cost of the Medica Family Elect Plan and in 2005 50 percent of the amount of monthly premium increase above $80 per month per employee for use in the Employer's Cafeteria Benefit Plan. RESOLUTION NO. 2004 -187 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION SETTING 2005 -2006 CAFETERIA PLAN CONTRIBUTION FOR NON -UNION EMPLOYEES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion P aased unanimously. 9h. RESOLUTION APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2005 AND 2006 Mr. McCauley discussed that in reviewing comparable cities the public works employees are below the average of pay and insurance contributions. The proposed labor agreement with Local 49 would result in a two -year agreement with a three percent salary increase and payments to the cafeteria plan would increase as discussed during the budget preparation at a total of $605 per month and a $15 monthly increase for 2005. In 2006, the City would pay an additional amount equal to 60 percent of the first $80 of premium increase and 50 percent of premium increase over $80 per month. 12/13/04 -12- DRAFT Councilmember Niesen inquired about the number of public works positions left after recent reductions. Mr. Blomstrom discussed that the department had some retirements and one employee who left leaving the workload for the department more difficult to handle; however, they continue trying to hold the level of service required. RESOLUTION NO. 2004 -188 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2005 AND 2006 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9i. RESOLUTION AMENDING GENERAL FUND BALANCE POLICY Mr. McCauley discussed that the City's Auditor suggested that the City review its Fund Balance or Reserve Policy. The Financial Commission had conducted a review and is recommending adoption of a proposed Financial Management Policy amendment to Section 2.3 D. 1. and 2. Under current Reserve Policy, the City Fund Balance target is 45 percent of the anticipated General Fund Expenditures in the next year. The policy also provides that one half of the amount in excess of 45 percent may be transferred out of the General Fund. The proposed policy is more specific about the uses for which excess Fund Balance may be transferred and allocates those funds for capital purposes in the Street Reconstruction Fund, Capital Proj ect Fund, and Technology Fund. The other portion of the policy proposal streamlines the process of these transfers and allows transfers to occur in the budget year. This reduces the Fund Balance at the end of the City's fiscal year and avoids confusion over the amount of money being retained for necessary cash flow and contingency purposes in the General Fund. Currently the amount of money at the end of the year is higher than what is planned to be retained for operating purposes since the anticipated capital transfers are not made until the year following. RESOLUTION NO. 2004 -189 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING GENERAL FUND BALANCE POLICY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 12/13/04 -13- DRAFT 9j. RESOLUTION TRANSFERRING GENERAL FUND BALANCE FOR CAPITAL PURPOSES Mr. McCauley discussed that pursuant to the approval of the resolution amending the General Fund Balance Policy, this resolution would allow the transfer of monies from the General Fund on or before December 31, 2004, to the Street Reconstruction Fund, Capital Project Fund, and Technology Fund in amounts that will be consistent with the Fund Balance Policy. Councilmember Lasman inquired if funds would be able to be transferred back if needed. Mr. McCauley discussed that the Council can at any time transfer money back to the General Fund. RESOLUTION NO. 2004 -190 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION TRANSFERRING GENERAL FUND BALANCE FOR CAPITAL PURPOSES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9k. RESOLUTION DISMISSING APPEAL Mr. McCauley discussed that the City Attorney had reviewed and issued compliance orders for the properties at 5801 and 5809 Brooklyn Boulevard and 3603 58 Avenue. The licensee of the three properties filed an appeal which is recommended to be dismissed since the appeals were filed 21 days after the issuance of the compliance orders. RESOLUTION NO. 2004 -191 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DISMISSING APPEAL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10. ADJOURNMENT There was a motion by Councilmember Peppe, seconded by Councilmember Carmody to adjourn the City Council meeting at 8:43 p.m. Motion passed unanimously. City Clerk Mayor 12/13/04 -14- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA CITY COUNCIL WORK SESSION DECEMBER 13, 2004 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Work Session and was called to order by Mayor Myrna Kragness at 8:50 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present: City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Community Development Director Brad Hoffinan, and Deputy City Clerk Maria Rosenbaum. PROPOSED SENIOR HOUSING DEVELOPMENT AND DISCUSSION ON DIRECTION TO STAFF ON NEGOTIATING A DEVELOPMENT AGREEMENT City Manager Michael McCauley discussed that staff has continued discussions for potential development of an affordable housing development and that this would be an opportunity to update and receive direction from the EDA if they would like to pursue this proposed senior housing development. Developer Frank Dunbar outlined the proposal that they contemplate for the project of independent senior rental properties in Brooklyn Center. Mr. Dunbar outlined some of the project with details that included the proposed project calls for 60 units with underground parking. The average resident will be independent 74 year olds with typically no health problems or needs with approximately 70 percent single females and 30 percent couples. Mr. Dunbar discussed that when they first started discussions with the City they had determined these properties would be owned and operated by the VOA. The Economic Development Authority (EDA) would acquire the properties and enter into a long -term lease for $1 annually with the VOA. At the end of the lease, the EDA would transfer ownership to the VOA. In addition the EDA would provide up to 90 percent of the Tax Increment Financing (TIF) generated from the project on a pay as you go basis as well as authorize the issuance of tax exempt housing revenue bonds or conduit bonds all in order to make this development affordable and attractive to the target group. However, since they first started discussions, they have been exploring a concept of Hennepin County Housing and Redevelopment Authority (HRA) building and owning the units using their financing capabilities. 12/13/04 -1- DRAFT Hennepin County HRA ownership would reduce rents because of lower interest costs that could be achieved using County issued bonds. The land itself would belong to the VOA subject to terms and conditions established by the EDA and would be filed with the title. Paul Steinman of Springsted outlined the Hennepin County HRA Financing/Ownership and the VOA's "Conduit" Bonds Issued by the EDA along with the TIF base taxes versus an estimated Pilot (Payment in Lien of Taxes) by Entity. Councilmember Peppe inquired what the projected time frame would be for the project. Mr. Dunbar discussed that he believes 18 months for full occupancy and that if they move forward in April of 2005, the project could be completed in April 2006. Councilmember Lasman asked for clarification on the financing. Mr. Dunbar discussed the differences between the two and informed that they would like to be able to have Hennepin County HRA involved with the financing because of the complexity of financing. She inquired if the residents would need to qualify and if the rents would be considered affordable. Mr. McCauley responded that the residents would have to qualify and that if the project were to move forward with the Hennepin County HRA the project would achieve full occupancy at a faster rate. Community Development Director Brad Hoffinan discussed that all rents would be affordable. Councilmember Niesen inquired how Hennepin County HRA became involved. Mr. Hoffman discussed that he and Mr. Dunbar had contacted them asking for direction regarding financing. Chuck Valentine, Hennepin County HRA Director, discussed that his department administers grants and that there could possibly be $4 Million available for affordable housing. Councilmember Niesen asked if the Housing Commission had been involved with these discussions. Housing Commission Chair Mark Yelich discussed that the Housing Commission had been looking at senior housing for the past year and that they are finishing a complete study to be brought to the EDA. Mr. Yelich asked if the EDA would consider posting their decision until they had heard the report from the Housing Commission since the Housing Commission would like to have some questions answered by the EDA Secretary, Brad Hoffman. The Council consensus was no, that the Commission should finish its work by December 21, 2004, so that works could go forward. Councilmember Carmody expressed that she believes the City needs this project and that it accomplishes what can be done with the property being considered. Councilmember Niesen expressed that she believes the EDA should wait to make any decisions on moving forward until they have heard from the Housing Commission. Mayor Kragness asked Mr. Valentine when the monies would be available from the Hennepin County HRA. Mr. Valentine discussed that there is a special meeting this week; however, the topic of grant monies available for affordable housing was not on that special meeting agenda. He believes that the Hennepin County HRA would be discussing the issue in a month. 12/13/04 -2- DRAFT Mr. Hoffman discussed that the question this evening would be if the EDA would be interested in this project and would like staff to continue seeking an interest to move forward. The EDA would still hear the report from the Housing Commission. Mr. McCauley added that staff does not want to have the Hennepin County HRA bring this issue to their board if the City is not interested. Councilmember Niesen informed that she would argue against moving forward and would not support this project at this time due to the fact that this would be lowering the tax rate. Mayor Kragness and Councilmembers Carmody, Lasman, and Peppe were in favor of moving forward. Councilmember Niesen was against. MISCELLANEOUS Council discussed the Local Board of Training coming in February 2005. Councilmembers Carmody and Niesen informed that they would be attending. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Niesen to adjourn the Work Session at 9:57 p.m. Motion passed unanimously. City Clerk Mayor 12/13/04 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION DECEMBER 27, 2004 CITY HALL COUNCIL CHAMBERS CALL TO ORDER SPECIAL BUSINESS MEETING The Brooklyn Center City Council met in Special Session and was called to order by Mayor Myrna Kragness at 4:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Bob Peppe. Councilmember Diane Niesen was absent and excused. Also present: City Manager Michael McCauley and Deputy City Clerk Maria Rosenbaum. CONSIDERATION OF APPLEBEE'S ON -SALE INTOXICATING LIQUOR LICENSE FOR 2005 City Manager Michael McCauley iscussed that the e City received a temporary restraining order from the Hennepin County District Court and that the order directs issuance of a liquor license. This special liquor license would expire on March 31, 2005, unless otherwise extended or modified by the Court. Mr. McCauley informed that the appropriate paperwork for the liquor license renewal process had not been received from Coyote Grille, Chuck Wagon Grill, and Value Food and that they would have until December 31, 2004, to provide the appropriate paperwork. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2005 -2006 Mr. McCauley informed that he was notified today that Local No. 82 had ratified the proposed two year labor agreement that was parallel to the Local No. 49 agreement. This two year agreement would cover 2005 and 2006 with a three percent general wage increase in each of the contract years; have the same health insurance provisions as provided by Local No. 49 and non -union employees; provides a three percent increase in uniform maintenance allowances; standardizes call back for court appearances to a three hour minimum; and provides improved language clarifying the probationary period for promotions. 12/27/04 -1- DRAFT RESOLUTION NO. 2004-192 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2005 -2006 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Peppe, seconded by Councilmember Lasman to adj ourn the Special City Council meeting at 4:04 p.m. Motion passed unanimously. City Clerk Mayor 12/27/04 -2- DRAFT City Council Agenda Item No. Sb OX City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: January 5, 2005 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 January 10, 2005, are as follows: BOWLING ALLEY Earle Brown Bowl Lanes 6440 James Circle North FIREWORKS PERMANENT Cub Foods 3245 County Road 10 SuperAmerica #4058 1901 57 Avenue North SuperAmerica #4160 6545 West River Road GASOLINE SERVICE STATION Brookdale Citgo 5710 Xerxes Avenue North Brooklyn Center Conoco 1505 6W Avenue North Brooklyn Center Service Inc. (Perfect Car Wash) 6849 Brooklyn Boulevard Christy's Auto Service 5300 Dupont Avenue North Hark's Company 6501 Humboldt Avenue North Holiday Stationstores #292 420 66 Avenue North Iten Chevrolet 6701 Brooklyn Boulevard Osseo- Brooklyn Bus Company 4435 68 Avenue North Qwest Communications 6540 Shingle Creek Parkway SuperAmerica #3192 6950 Brooklyn Boueevard SuperAmerica #4058 1901 57` Avenue North SuperAmerica #4160 6545 West River Road MECHANICAL CB Heating Air 18851 165th Street NE, Foreston Southtown Refrigeration 5610 West 36th Street, St. Louis Park PUBLIC DANCE 0 Earle Brown Bowl Lanes 6440 James Circle North 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.cityolbrooklyncenter.org Page 2 Licenses for Council Approval January 10, 2005 SECONDHAND GOODS DEALER GameStop #535 6068 Shingle Creek Parkway GameStop #1704 1307 Brookdale SIGN HANGER Phoenix Signs LLP 10842 Highway 81, Maple Grove TOBACCO RELATED PRODUCT A I 6930 Brooklyn Bouelvard BC Bar and Grill(Ref's Sports Bar) 2545 County Road 10 B.C. Municipal #1 5625 Xerxes Avenue North B.C. Municipal #2 6930 Brooklyn Boulevard Brookdale Citgo 5710 Xerxes Avenue North Brooklyn Center Conoco 1505 69 Avenue North Brooklyn Center Service Inc. (Perfect Car Wash) 6849 Brooklyn Boulevard Cub Foods 3245 County Road 10 Earle Brown Lanes 6440 James Circle North Hark's Company 6501 Humboldt Avenue North Holiday Stationstores Support #2099 6890 Shingle Creek Parkway Holiday Stationstores #292 420 66 Avenue North Royal Tobacco 5625 Xerxes Avenue North SuperAmerica #3192 6950 Brooklyn Boulevard SuperAmerica #4058 1901 57t Avenue North SuperAmerica #4160 6545 West River Road T.G.I. Friday's 2590 Freeway Boulevard Tudy's Store 6120 Earle Brown Drive Value Food 6804 Humboldt Avenue North Walgreens 6390 Brooklyn Boulevard City Council Agenda Item No. 8c Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 5, 2005 SUBJECT: Resolution Designating Official Newspaper Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circulation in the City as its official newspaper. Minnesota Sun Publications has once again requested the City Council to designate Brooklyn Center Sun -Post to be the official newspaper for 2005. Brooklyn Center Sun- Post meets all necessary requirements for designation. The attached resolution designates the Brooklyn Center Sun -Post as the official newspaper for the City of Brooklyn Center for the year 2005. Attachments: Resolution Designating Official Newspaper Minnesota Statutes Chapter 331A Letter from Sun Newspapers 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun -Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun -Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun -Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 2005. January 10, 2005 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. Minnesota Statutes 2004 Chapter 331A Page 1 of 1 Minnesota Statutes 2004 Table of chanters CHAPTER 331A C,LIFIED NEWSPAPERS I3 31 A.01_l Definitions. 1331A.021IRequirements for a qualified newspaper. 1331A.031IWhere notice published. 1331 A. 041IDesignation of a newspaper for official publications. 1331A.05JIForm of public notices. 1331 A.061IRates for publication. 1331 A. 071JAffidavit of publication. 133.1_A._081JComputation of time. 1.331A._0911Publication on Sunday or holiday. 133_1.A_1.0I IChange of name or discontinuance of newspaper. 13..3.._1 A.1__1,IJApplication. 13 3 IA. 1211Web site publication of local transportation RFP. http://www.revisor.leg.state.mn.us/stats/33 I A/ 12/7/2004 Page 1 of 10 Minnesota Statutes 2004, Chapter 331A. Copyright 2004 by the Office of Revisor of Statutes, State of Minnesota. A. 01 331A.01 Definitions. Subdivision 1. Scope. As used in sections 331A.01 to 331A.11, the terms defined have the meanings given them except as otherwise expressly provided or indicated by the context. Subd. 2. Known office of issue. "Known office of issue" means the newspaper's principal office devoted primarily to business related to the newspaper, whether or not printing or any other operations of the newspaper are conducted at or from the office. A newspaper may have only one known office of issue. Subd. 3. Political subdivision. "Political subdivision" means a county, municipality, school district, or any other local political subdivision or local or area district, commission, board, or authority. Subd. 4. Municipality. "Municipality" means a home rule charter or statutory city or town. Subd. 5. Repealed, 2004 c 182 s 33 Subd. 6. Proceedings. "Proceedings" means the substance of all official actions taken by the governing body of a political subdivision at any regular or special meeting, and at minimum includes the subject matter of a motion, the persons ng and seconding a motion, the roll call vote on a motion, character of resolutions or ordinances offered, including a brief description of their subject matter, and whether defeated or adopted. Subd. 7. Public,notice. "Public notice" means every notice required or authorized by law or by order of a court to be published by a qualified newspaper, and includes: (a) every publication of laws, ordinances, resolutions, financial information, and proceedings intended to give notice in a particular area; (b) every notice and certificate of election,• facsimile ballot, notice of referendum, notice of public hearing before a governmental body, and notice of meetings of private and public bodies required by law; and (c) every summons,.order, citation, notice of sale or other notice which is intended to inform a person that the person may or shall do an act or exercise a right within a designated period-or upon or by a designated date. (d) this subdivision contains no independent requirement for the publication of any public notice. Subd. 8. Qualified newspaper. "Qualified newspaper" Ws a newspaper which complies with all of the provisions of on 331A.02. The following terms, when found in laws referring to the publication of a public notice, shall be taken to mean a qualified newspaper: "qualified legal newspaper, "legal newspaper," "official newspaper," "newspaper," and http: /www. revisor. leg. state .mn.us /cgi- bin/getstatchap.pl 12/7/2004 Page 2 of 10 "medium of official and legal publication." Subd. 9. Secondary office. "Secondary office" means an office established by a newspaper in a community other than t in which its known office of issue is located, in the same n adjoining county, open on a regular basis to gather news sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office. Subd. 10. Summary. "Summary" means an accurate and intelligible abstract or synopsis of the essential elements of proceedings, ordinances, resolutions, financial statements, and other official actions. It shall be written in a clear and coherent manner, and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a designated location or by standard or electronic mail. A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized had been published. No liability shall be asserted against a political subdivision in connection with the publication of a summary or agenda. HIST: 1984 c 543 s 20; 1986 c 444; 2004 c 182 s 3 -7 331A.02 331A.02 Requirements for a qualified newspaper. 0 ubdivision 1. Qualification. No newspaper in this tto shall be entitled to any compensation or fee for publishing any public notice unless it is a qualified newspaper. A newspaper that is not qualified must inform a public body that presents a public notice for publication that it is not qualified. To be qualified, a newspaper shall: (a) be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches; or 800 square inches if the political subdivision the newspaper purports to serve has a population of under 1,300 and the newspaper does not receive a public subsidy; (b) if a daily, be distributed at least five days each week. If not a daily, the newspaper may be distributed twice a month with respect to the publishing of government public notices. In any week in which a legal holiday is included, not more than four issues of a daily paper are necessary; (c) in at least half of its issues each year, have no more than 75 percent of its printed space comprised of advertising material and paid public notices. In all of its issues each year, have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the community which it purports to serve. Not more than 25 percent of its total nonadvertising column inches in any issue may wholly duplicate any other publication unless duplicated material is from recognized general news *ices; (d) be circulated in the political subdivision which it purports to serve, and either have at least 500 copies regularly http: /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl 12/7/2004 Page 3 of 10 delivered to paying subscribers, or 250 copies delivered to paying subscribers if'the political subdivision it purports to serve has a population of under 1,300, or have at least 500 copies regularly distributed without charge to local residents, WE 2 copies distributed without charge to local residents if litical subdivision it purports to serve has a population er 1,300; (e) have its known office of issue established in either the county in which lies, in whole or in part, the political subdivision which the newspaper purports to serve, or in an adjoining county; (f) file a copy of each issue immediately with the State Historical Society; (g) be made available at single or subscription prices to any person or entity requesting the newspaper and making the applicable payment, or be distributed without charge to local residents; (h) have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i) between September l and December 31 of each year publish a sworn United States Post Office periodicals -class statement of ownership and circulation or a statement of ownership and circulation verified by a recognized independent circulation auditing agency covering a period of at least one year ending no earlier than the June 30 preceding the lication deadline. When publication occurs after December 31 before July 1, qualification shall be effective from the e of the filing described in paragraph (j) through December 31 of that year; and (j) after publication, submit to the secretary of state by December 31 a filing containing the newspaper's name, address of its known office of issue, telephone number, and a statement that it has complied with all of the requirements of this section. The filing must be accompanied by a fee of $25. The secretary of state shall make available for public inspection a list of newspapers that have filed. Acceptance of a filing does not constitute a guarantee by the state that any other qualification has been met. Subd. 2. Repealed, 2004 c 182 s 33 Subd. 3. Publication; suspension; changes. The following circumstances shall not affect the qualification of a newspaper, invalidate an otherwise valid publication, or invalidate a designation as official newspaper. (a) Suspension of publication for a period of not more than three consecutive months resulting from the destruction of its known office of issue, equipment, or other facility by the elements, unforeseen accident, or acts of God or by reason of a labor dispute. O (b) The consolidation of one newspaper with another lished in the same county, or a change in its name or ownership, or a temporary change in its known office of issue. (c) Change of the day of publication, the frequency of http: /www.revisor. leg. state .mn.us /cgi- bin/getstatchap.pl 12/7/2004 Page 4 of 10 publication, or the change of the known office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to W i tain its known office of issue in the county, shall deprive wspaper of its standing as a qualified newspaper until it n becomes qualified pursuant to subdivision 1. Subd. 4. Declaratory judgment of legality. A person interested in a newspaper's qualification under this section may petition the district court in the county in which the newspaper has its known office of issue for a declaratory judgment to determine whether the newspaper is qualified. Unless filed by the publisher, the petition and summons shall be served on the publisher as in other civil actions. Service in other cases shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside shall be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act and the Rules of Civil Procedure shall apply to the action. Subd. S. Posting notices on Web site. If, in the normal course of its business, a qualified newspaper maintains a Web site, then as a condition of accepting and publishing public notices, the newspaper must agree to post all the notices on its Web site at no additional cost. The notice must remain on the Web site during the notice's full publication period. Failure to post or maintain a public notice on the newspaper's Web site VIST: not affect the validity of the public notice. 1984 c 543 s 21; 1985 c 174 s 1; 1S P 1985 c 13 s 315; 1987 c 30 s 1; 1987 c 286 s 1; 1988 c 682 s 42; 1990 c 395 s 1; 1991 c 205 s 17; 1997 c 137 s 13; 2001 c 38 s 1; 2004 c 182 s 8 -11 331A.03 331A.03 Where notice published. Subdivision 1. Generally. Except as provided in subdivision 2, a public notice shall be published in a qualified newspaper, and except as otherwise provided by law, in one that is likely to give notice in the affected area or to whom it is directed. When a statute or other law requires publication in a newspaper located in a designated political subdivision or area and no qualified newspaper is located there, publication shall be made in a qualified newspaper likely to give notice unless the particular statute or law expressly provides otherwise. If no qualified newspaper exists, then publication is not required. Subd. 2. Exception; certain cities of the fourth class. A public notice required to be published by a statutory or home rule charter city of the fourth class located in the metropolitan area defined in section 473.121, subdivision 2, is not required to be published in a qualified newspaper if there is no qualified nondaily newspaper of general circulation in the city, provided the notice is printed in a newsletter or similar O ted means of giving notice that is prepared by the city and er mailed or delivered to each household in the city. >Subd. 3. Alternative dissemination of bids and requests. (a) In addition to or as an alternative to the http: /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl 12/7/2004 Page 5 of 10 statutory requirements for newspaper publication, a political subdivision may disseminate solicitations of bids, requests for information, and requests for proposals by a means authorized in paragraph (b), if the political subdivision simultaneously 0 lishes, either as part of the minutes of a regular meeting of governing body or in a separate notice published in the icial newspaper, a description of all solicitations or requests so disseminated, along with the means by which the dissemination occurred. (b) A political subdivision may use its Web site or recognized industry trade journals as an alternative means of dissemination. A dissemination by alternative means must be in substantially the same format and for the same period of time as a publication required by this chapter. (c) For the first six months after a political subdivision designates an alternative means of dissemination, it must continue to publish solicitation of bids, requests for information, and requests for proposals in the official newspaper in addition to the alternative method. The publication in the official newspaper must indicate where to find the designated alternative method. After the expiration of the six -month period, an alternative means of dissemination satisfies the publication requirements of law for solicitation of bids, requests for information, and requests for proposals. HIST: 1984 c 543 s 22; 1991 c 53 s l; 2004 c 182 s 12,13 331A.04 331A.04 Designation of a new for official blications. Subdivision 1. Priority. The overnin body of a g g Y political subdivision, when authorized or required by statute or charter to designate a newspaper for publication of its public notices, shall designate a qualified newspaper in the following priority. Subd. 2. Known office in locality. If there are one or more qualified newspapers, the known office of issue of which are located within the political subdivision, one of them shall be designated. Subd. 3. Secondary office in locality. When no qualified newspaper has a known office of issue located in the political subdivision, but one or more qualified newspapers maintain a secondary office there, one of them shall be designated. Subd. 4. General circulation in locality. When no qualified newspaper has its known office of issue or a secondary office located within the political subdivision, then a qualified newspaper of general circulation there shall be designated. Subd. 5. Other situations. If a political subdivision is without an official newspaper, or if the publisher refuses to publish a particular public notice, matters O fired to be published shall be published in a newspaper gnated as provided in subdivision 4. The governing body of apolitical subdivision with territory in two or more counties may, if deemed in the public interest, designate a separate qualified newspaper for each county. http: /www. revisor. leg. state .mn.us /cgi- bin/getstatchap.pl 12/7/2004 Page 6 of 10 Subd. 6. Exception to designation priority. (a) Notwithstanding subdivisions 1 to 3, the governing body of a political subdivision may designate any newspaper for lication of its official proceedings and public notices, if following conditions are met: (1) the newspaper is a qualified medium of official and legal publication; (2) the publisher of the newspaper furnishes a sworn statement, verified by a recognized independent circulation auditing agency, covering a period of at least one year ending no earlier than 60 days before designation of the newspaper, stating that the newspaper's circulation reaches not fewer than 75 percent of the households within the political subdivision; (3) the newspaper has provided regular coverage of the proceedings of the governing body of the political subdivision and will continue to do so; and (4) the governing body votes unanimously to designate the newspaper. (b) If the circulation of a newspaper designated under this subdivision falls below 75 percent of the households within the political subdivision at any time within the term of its designation as official newspaper, its qualification to publish public notices for the political subdivision terminates. Subd. 7. Joint bidding. A bid submitted jointly by d t o or more newspapers for the publication of public notices t not be considered anticompetitive or otherwise unlawful if following conditions are met: (1) all of the qualified newspapers in the political subdivision participate in the joint bid; (2) the existence, of the joint bid arrangement is disclosed to the governing body of the political subdivision before or at the time of submission of the joint bid; and (3) the board is free to reject the joint bid and, if it does, individual qualified newspapers do not refuse to submit separate bids owing to the rejection of the joint bid. HIST: 1984 c 543 s 23; 2003 c 59 s l; 2004 c 182 s 14 331A.05 331A.05 Form of public notices. Subdivision 1. English language. All public notices shall be printed or otherwise'disseminated in the English language. Subd. 2. Time of notice. Unless otherwise specified by a particular statute, or by order of a court, publication of a public notice shall be as follows: �a) the notice shall be published once; (b) if the notice is intended to inform the public about a future event, the last publication shall occur not more than 14 days and not less than seven days before the event; http: /www. revisor. leg. state .mn.us /cgi- binJgetstatchap.pl 12/7/2004 Page 7 of 10 (c) if the notice is intended to inform the public about a past action or event, the last publication shall occur not more than 45 days after occurrence of the action or event. Subd. 3. Type face. Except as otherwise directed by articular statute requiring publication of a A ublic notice or by order of a court, a public notice shall be printed in a type face no smaller than six point with a lowercase alphabet of at least 90 points. Larger type faces may be used. Subd. 4. Title or caption. Every public notice shall include a bold face title or caption in a body type no smaller than brevier or eight point referring to the content of the notice. Larger type faces may be used. Subd. 5. Local options. The governing body of a political subdivision may, to better inform the public, increase the frequency of publication of a public notice beyond the minimum required by a particular statute. It may use forms and styles for the notice as it deems appropriate, including the use of display advertisements and graphics. In addition to publication in the newspaper required to be designated under section 331A.04, it may publish or disseminate the notice in other newspapers and by means of standard and electronic mail. Regardless of whether a particular statute specifies "legal notice," "public notice," "notice," or uses similar terms, the governing body may use whatever form for the published notice that it deems appropriate in order to adequately inform the public, subject to the requirements of sections 331A.01 to 331A.11. Nothing in the foregoing provisions of this subdivision shall require the governing body of a political �ivision to use the options described. Subd. 6. Conflict of laws. Nothing in this section shall invalidate or affect any statutory or charter provision imposing additional or special qualifications for publication of particular notices or proceedings. Subd. 7. Errors in publication. If through no fault of the political subdivision, an error occurs in the publication of a public notice, the error shall have no effect on the validity of the event, action, or proceeding to which the public notice relates. Subd. 8. Notice regarding published summaries. If a political subdivision elects to publish a summary of the political subdivision's financial statement or proceedings as authorized by other law, it must include with the published summary a notice stating that a copy of the full version of the financial statement or proceedings other than attachments to the minutes is available without cost at the offices of the political subdivision or by means of standard or electronic mail. HIST: 1984 c 543 s 24; 1997 c 56 s 1; 2004 c 182 s 15 -19 331A.06 331A.06 Rates for publication. ubdivision 1. Maximum rate. The maximum rate charged for ication of a public notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears, and shall include all cash http: /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl 12/7/2004 Page 8 of 10 discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. Subd. 2. Rate increases. Notwithstanding division 1, no newspaper may increase its rates for lication of public notices by more than ten percent per year, compared to the maximum rate actually charged by the newspaper in the previous year for publication of public notices, and in any case the new rate shall not exceed the rate described in subdivision 1. Nothing in this section shall be interpreted to mean that such an increase is required. Subd. 3. Rate from competitive bidding. When the governing board of a political subdivision awards a contract for the publication of public notices based on competitive bidding, the rate established by the competitive bidding shall be the rate charged for publication of the public notices. Subd. 4. Publication at legal rate. When a statute refers to publication of a public notice at the legal rate the maximum rate shall be as provided in this section. Subd. 5. Multiyear publication contracts. Notwithstanding other law, a political subdivision may enter into multiyear contracts with a qualified newspaper for publication of the political subdivision's public notices. No multiyear contract may be for a term longer than three years. HIST: 1984 c 543 s 25; 1985 c 174 s 2; 1994 c 465 art 2 s 18; 04 c 182 s 20,21 1A.07 331A.07 Affidavit of publication. No compensation shall be recoverable for publishing a public notice in any newspaper unless the bill is accompanied by an affidavit of the publisher of the newspaper or the publisher's designated agent, having knowledge of the facts, stating that the newspaper has complied with all the requirements to constitute a qualified newspaper. The affidavit must set forth the dates of the month and year and the day of the week upon which the public notice was published in the newspaper. The affidavit must also include the publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to section 331A.06. HIST: 1984 c 543 s 26; 1993 c 48 s 7; 2004 c 182 s 22 331A.08 331A.08 Computation of time. Subdivision 1. Time for publication. The time for publication of public notices shall be computed to exclude the first day of publication and include the day on which the act or event, of which notice is given, is to happen or which completes the full period required for publication. O Subd. 2. Time for act or proceeding.- The time within ch an act is to be done or proceeding had or taken, as prescribed by the rules of procedure, shall be computed by excluding the first day and including the last. If the last day is Sunday or a legal holiday the party shall have the next http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 12/7/2004 Page 9 of 10 secular day in which to do the act or take the proceeding. Subd. 3. Publication of proceedings. Notwithstanding other statutory publication requirements, if the governing body 0 a political subdivision conducts regular meetings not more once every 30 days, the governing body need not publish the eting minutes in the official newspaper until ten days after the proceedings have been approved by the governing body. HIST: 1 c 543 s 27; 2004 c 182 s 23 331A.09 331A.09 Publication on Sunday or holiday. Any public notice may lawfully be printed in a newspaper published on a Sunday or holiday. Any notice that, by law or the order of any court, is required to be published for any given number of weeks may be published on any day in each week of the term, and if published as many weeks and as many times in each week as required by the law or order, it is a lawful publication. HIST: 1984 c 543 s 28; 2004 c 182 s 24 331A.10 331A.10 Change of name or discontinuance of newspaper. Subdivision 1. Change of name. When a public notice is required or ordered to be published in a particular newspaper and the name of the newspaper is changed before the publication is completed, the publication shall be made or continued in the wspaper under its new name with the same effect as if the name not been changed. The proof of the publication, in addition other requirements, shall state the change of name and specify the period of publication in the newspaper under each name. Subd. 2. Discontinuance. When a newspaper ceases to be published before the publication of a public notice is commenced, or when commenced ceases before the publication is completed, the order for publication, when one is required in the first instance, may be amended by order of the court or judge, to designate another newspaper, as may be necessary. If no order is required in the first instance, publication may be made or completed in any other qualified newspaper. Any time during which the notice is published in the first newspaper shall be calculated as a part of the time required for the publication, proof of which may be made by affidavit of any person acquainted with the facts. HIST: 1984 c 543 s 29; 2004 c 182 s 25 331A.11 331A.11 Application. Subdivision 1. Application. Sections 331A.01 to 331A.11 apply to all political subdivisions of the state. Subd. 2. Notices excluded. Sections 331A.01 to 11 do not apply to notices required by private agreements ocal laws to be published in newspapers, unless they refer expressly or by implication to this chapter or to particular provisions of this chapter, http: /www.revisor.leg. state .mn.us /egi- bin/getstatchap.pl 12/7/2004 Page 10 of 10 HIST: 1984 c 543 s 30; 2004 c 182 s 26,27 331A.12 331A.12 Web site publication of local transportation RFP. 0 RS S Subdivision 1. Definitions. (a) The terms defined in subdivision and section 331A.01 apply to this section. (b) "Web site" means a specific, addressable location provided on a server connected to the Internet and hosting World Wide Web pages and other files that are generally accessible on the Internet all or most of the day. Subd. 2. Designation. At the meeting of the governing body of the local public corporation at which the governing body must designate its official newspaper for the year, the governing body may designate in the same manner publication of transportation projects on the local public corporation's Web site. Publication on the Web site may be used in place of or in addition to any other required form of publication. Each year after designating publication on the Web site for transportation projects, the local public corporation must publish in a qualified newspaper in the jurisdiction and on the Web site, notice that the local public corporation will publish any advertisements for bids on its Web site. I Subd. 3. Form, time for publication same. A local public corporation that publishes on its Web site under this section must post the information in substantially the same format and for the same period of time as required for publication in an official newspaper or other print publication. Subd. 4. Record retention. A local public poration that publishes notice on its Web site under this section must ensure that a permanent record of publication is maintained in a form accessible by the public. HIST: 1S p 2003 c 19 art 2 s 56 I i http: /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl 12/7/2004 newspapers November 15, 2004 City of Brooklyn Center City Council 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear City Council Members: The Brooklyn Center Sun -Past would like to be considered for designation as the legal newspaper for the City of Brooklyn Center for the year 2005. All published legal notices are posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broaden the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun -Post is our home delivery. Sun Newspapers has become the primary source of community news in the suburbs. Your notices in our paper, have the best chance of being seen and read. W e would like to continue working with you, therefore, we will not be making a rate change for the oming year. The rate structure for legals effective January 1, 2005 will be: 1 column width: $14.30 per inch for first insertion $7.15 per inch for subsequent insertions Our columns are 14 picas wide There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 p.m. the Thursday prior to publication. E- mailing the legal notices is at i efficient and accurate `J'Jay of getting the notices to us. The e -mail address for the legal department is legals@mnsun.com. We still accept notices on disk, faxed or through the mail. If you require more information to make your decision, please contact me or Mary Ann Carlson, our Legal Representative, at 952 392 -6829. Thank you for considering the Sun -Post as the official newspaper for the City of Brooklyn Center in 2005. We appreciate the opportunity to serve the needs of your community. Sincerely, Jeffrey. Coolman ice President of Sales and General Manager 10917 VALLEY Vim ROAD 0 EDEN PRALM 0 MEmsoTA 55344 0 952 -829 -0797 0 FAx: 952 -941 -3588 Sun•Current Central Thursday 68,233 Insert Coverage D1 Edina 16,831 ED -1 55436 5,301 Sun-Sailor Thursday 62, 620 ED -2 55424, 55410 4,880 ED -3 55439 3,060 Al Eisior /Shorewood /Chanhassen 6 ,037 ED -4 55435 3,590 ES -1 55331 4,372 CH -1 55317 1,665 D2 Richfield 10,352 RF -1 55423 3,277 A2 Wayzata /Orono /Plymouth /Long Lake 22,873 RF -2 55423 3 ,465 WY -1 55356 1,873 RF -3 55423 3,610 WY -2 55323, 55361, 55384, 55391, 55392 3,150 PLY -1 55442 4,076 D3 Bloomington 28,207 PLY -2 55441 2,380 BL -1 55438 4,672 PLY -3 55446 3,214 BL -2 55437 2,780 PLY -4 55447 6,165 BL -3 55431 2,980 PLY -5 55441 2,015 BL -4 55425/55420 5,085 BL -5 55420/55425 5,000 A3 St. Louis Park 12,846 BL 6 55437 3,850 SLP -1 55426 2,786 BL -7 55431 3,840 SLP -2 55426 4,730 SLP -3 55416 2,815 D4 Eden Prairie 12,843 SLP -4 55416 2,515 EP -1 55346 4,698 EP -2 55344 1,575 A4 West Minnetonka/Deephaven 6,407 EP -3 55347 3,670 MW -1 55345 1,832 EP -4 55347 2,900 MW -2 553 2,605 MW -5 55391 91 1,970 Sun -Post Thursday 49 979 'P1 Brooklyn Center /Brooklyn Park 26,661 A5 East Minnetonka/Hopkins 14,457 BC -1 55429 4 ,121 ME -1 55305 1,360 BC -2 55430 3,200„ ME -2 55305 1,433 BP-1 55445 2,840 ME -3 55305, 55345 1,965 BP -2 55443 7,025 ME -4 55305 765 BP -3 55444 5,125 ME -5 55343 2,130 BP -4 55428, 55429 4,350 ME -6 55345 1,950 H -1 55343 4,854 P2 Robbinsdale /Crystal /New Hope /Golden Valley 23,318 RO -1 55422 4,676 C R -1 55427 1,805 Sun•Current South Thursday 84,551 CR -2 55428 2,050 •C1 S. W. St. PauVlnver Grove Hts/Mendota Hts 24,083 CR -3 55422 1,630 SSP -1 55075 6,976 CR -4 55429 1,075 WSP -1 55118 6,017 NH -1 55427 2,612 IGH -1 55076, 55077 7,555 NH -2 55428 3,090 MH -1 55118, 55120, 55150 3,535 GV -1 55426, 55427 3,130 GV -2 55416, 55422 3,250 C2 Apple Valley /Rosemount/Eagan 31,479 AV -1 55124 6,839 Sun-Focus Thursda y 5 4 253 AV -2 55124 5,000 RM -1 55068 3,000 F1 Blaine /Spring Lake Park 16,905 EG -1 55121 1,465 FBL -1 55434 4,405 EG -2 55122 5,180 FBL -2 55434 4,585 EG -3 55122, 55123 5,440 FBL -3 55434, 55449 5,858 EG -4 55123 4,555 FSLP -1 55432 2,057 C3 Burnsville /Savage /Lakeville 28,989 BV -1 55337 3,283 F2 Columbia Heights /Fridley 19,253 BV -2 55337 7,330 FCH -1 55421 4,858 BV -3 55306, 55337 5,100 FCH -2 55421 3,950 SV -1 55378 3,560 FFR -1 55421 1,586 LV -1 55044 6,066 FFR -2 55432 4,429 LV -2 55044 3,650 FFR -3 55432 4,430 Stillwater Valley Life Wednesday 20,600 F3 Mounds View /New Brighton /St. Anthony 15,595 S1 Minnesota Stillwater area 16,747 FMV -1 55112 2,380 MN -1 55082 6,020 FMV -2 55112 2,375 MN -2 55082 5,145 MN -3 55047 835 FNB -1 55112 3,175 MN -4 55038 425 FNB -2 55112 4,605 MN -5 55042 2,106 FSA -1 .55418 2,251 MN -6 55043 1,181 MN -7 55001 425 FSA -2 55421 805 Mail 610 Wisconsin Stillwater area 3,853 F4 Ramsey County 2,500 WI -1 54082 350 AH -1 55112 Arden Hills, Bulk Drop 450 WI -2 54025 1,330 RV -1 55113 Roseville, Bulk Drop 1,350 WI -3 54017 2,173 FH -1 55113 Falcon Heights, Bulk Drop 50 FH -2 55108 Falcon Heights, Bulk Drop 200 SH -1 55126 Shoreview, Bulk Drop 350 See Zone Map on Display Rate Card. VH -1 55109 Little Canada/Vadnais Heights, Bulk Drop 100 Circulation as of March 2004, QUALITY AUDITING 547186 nMAnu INTU,rary 11C�) tiDBDCPS City Council Agenda Item No. 8d Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS WHEREAS, Section 7.01 of the City Charter provides the City Council with authority over City funds that includes the safekeeping and disbursement of public monies; and WHEREAS, Section 7.01 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the City Manager and City Treasurer; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. That Wells Fargo Bank Brookdale Office is hereby designated as the depository for funds of the City of Brooklyn Center. 2. That the following named banks and brokers are hereby designated as additional depositories to be used for investment purposes: Federal Reserve Bank of Minneapolis Bremer Bank U.S. Bank, N.A. U.S. Bank Corporate Trust of St. Paul Wells Fargo Bank of Minneapolis Minnesota Municipal Money Market Fund (4M Fund) Dain -Bo §worth Salomon, Smith, Barney and Company Morgan-Keegan and Company Twin City Federal Savings and Loan Association The City Treasurer is hereby authorized to deposit funds in accounts guaranteed by the Federal Deposit Insurance Corporation (FDIC), the Federal Savings and Loan Insurance Corporation (FSLIC) or the Securities Insurance Protection Corporation (SIPC). Funds deposited with designated depositories in excess of the insured amounts provided by the insurance of individual institutions or companies shall not exceed the ninety percent (90 of the collateral pledged by the depository to the City or other such insurance provided by the depository and approved by the City. 3. That Heartland Payment Systems is hereby designated as the clearinghouse depository for credit card sales at Brooklyn Center Liquor Stores. RESOLUTION NO. 4. That U.S. Bank, N.A., is hereby designated as the clearinghouse depository for credit card sales at the Earle Brown Heritage Center. 5. That Chase Merchant Services, LLC, is hereby designated as the clearinghouse depository for credit card sales for the Recreation Department and Golf Course. 6. That the City Council authorizes the City Manager, the City Treasurer, or the Deputy City Treasurer to act for the City in all of its business activities with these designated depositories. January 10. 2005 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. 8e Office of the City Clerk OX City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: har S on Knutson, City Clerk DATE: January 5, 2005 SUBJECT: Resolution Appointing Michael J. McCauley as Director and Jim Glasoe as Alternate Director to the B-oard of Directors of Hennepin Recycling Group In 1988 the City Council authorized the City of Brooklyn Center to participate in the joint powers group know as the Hennepin Recycling Group, along with the cities of Crystal and New Hope. Article IV, Sections 2 and 3, of the joint powers agreement require the governing body of the City to annually appoint a representative and alternate to the Board of Directors of Hennepin Recycling Group. The attached resolution designates Michael J. McCauley as Director and Jim Glasoe as Alternate Director. ttachment 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP WHEREAS, the City Council passed Resolution No. 88 -24 authorizing Brooklyn Center's membership in a j oint powers group known as the Hennepin Recycling Group with Crystal and New Hope to implement joint recycling programs; and WHEREAS, the joint powers agreement requires the governing body of the City to annually appoint a representative and alternate to the Board of Directors of Hennepin Recycling Group. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center; Minnesota, that Michael J. McCauley be appointed to represent the City of Brooklyn Center as Director and Jim Glasoe be appointed as Alternate Director of the Board of Directors of Hennepin Recycling Group. January 10, 2005 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. 8f City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and O'Connor FROM: Michael J. McCauley, City Manager DATE: January 3, 2005 SUBJECT: Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations As part of the City Council's goal of inclusiveness, one of the aspects was to recognize the various ethnic populations and their contributions as well as heritage celebrations. The proposed resolution, identical to the resolution adopted last year (Resolution No. 2004 -07), would implement that Council policy by an inclusive list of celebrations and contributions in one resolution. We have avoided adopting individual resolutions, while wishing to participate in an inclusive fashion in recognizing the various ethnic and heritage celebrations that occur during the year. By adopting this resolution, the City acknowledges these many events that occur throughout the course of the year. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS WHEREAS, the City Council has established a goal to promote the inclusion of all residents in Brooklyn Center's community life by emphasizing opportunities to include all residents in the community's activities and plans; and WHEREAS, the City Council recognizes that its cultural composition has changed significantly over the past decade, with its ethnic population one -third of its total population; and WHEREAS, Brooklyn Center is strengthened by the rich cultural diversity of its people, and welcomes individuals of all races, religions, and cultural backgrounds; and WHEREAS, many ethnic populations have played central roles in some of the most triumphant and courageous moments in history; and WHEREAS, the City Council recognizes the vital contributions ethnic populations have made to the strength and diversity of our community and recognizes their rich legacy of ingenuity, perseverance, and achievement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following heritage celebrations and all other heritage celebrations reflected in Brooklyn Center's population are recognized for the purpose of encouraging our citizens to learn more about the history of ethnic populations and how they have contributed to the culture and heritage of our community: February African American History Month March Irish- American Heritage Month March 25 Greek Independence Day April 14 Pan American Day May Asian/Pacific American Heritage Month May 2-9,2004 Jewish Heritage Week May 17 (Syttende Mai) Norwegian Celebration of Liberation June 6 Swedish National Day September 15- October 15 Hispanic Heritage Month October 6 German- American Day November American Indian Heritage Month January 10. 2005 Date Mayor ATTEST: City CIerk 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. p g g and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8g Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY WHEREAS, the City of Brooklyn Center (the "City has issued licenses for the sale of alcoholic beverages to AMF Bowling Centers, Inc., dba AMF Earle Brown Lanes (the "Licensee and; and WHEREAS, an illegal activity occurred on the licensed premises of the Licensee on September 30, 2004, specifically, sale of alcoholic beverages to a person under the age of 21 by an employee of Licensee in violation of Minnesota Statutes, 340A.503, Subd. 2 (1) (the "Violation and WHEREAS, the occurrence of the Violation is not disputed by the Licensee; and WHEREAS, the City Council regards such activities as very serious matters warranting the sanctions hereinafter set forth; and WHEREAS, the Licensee has, to date, maintained a liquor establishment that has been relatively free of criminal activity relating directly to the sale of alcohol; and WHEREAS, the Licensee has been generally cooperative in the investigation of this matter, has demonstrated a willingness and desire to work with City staff in resolving this matter without putting the City to the expense of an administrative hearing, has expressed an understanding of the seriousness of the offenses, and has committed to ensuring that such offenses do not recur; and WHEREAS, Licensee has identified personnel policies and training, operational practices, and other means intended to minimize or eliminate such violations in the future and to assure a safe, responsible and lawful liquor operation, which have been set forth in written policies and procedures adopted by Licensee, a copy of which is attached hereto as Attachment One, and hereby made a part hereof (hereinafter the "Policies and Procedures and WHEREAS, Licensee has represented, and by execution of a copy of this consent order agreed, that it will faithfully and fully comply with all of the Policies and Procedures set forth in Attachment One; and WHEREAS, on the basis of such representation and agreement by Licensee and assuming continuing compliance therewith, the City is willing to limit sanctions for the Violations to a civil penalty in the amount of One Thousand Dollars ($1,000); and RESOLUTION NO. WHEREAS, were it not for such representation and agreement of continuing compliance with the Policies and Procedures by Licensee, the City would not be willing to so limit sanctions and is doing so solely on the basis of such representation and agreements of Licensee and on the basis of the agreement by Licensee that the matter of the sanctions to be imposed for the Violations may be reopened and reconsidered, pursuant to Minnesota Statutes, 340A.415, in the event Licensee fails to comply fully with all of the Policies and Procedures at any time during the three (3) year period following the date of this Resolution, all as hereinafter provided; and WHEREAS, the Council has determined that this Consent Order, resolving issues relating to sanctions to be imposed by reason of the above described violations is reasonable, necessary and in the best interests of the public; and WHEREAS, the Licensee has freely agreed to waive a statement of written charges and a hearing thereon and to pay the civil penalty hereinafter described, for the consideration set forth herein. The Licensee acknowledges and agrees that it freely executed this agreement, without threat of criminal prosecution, for the purpose of avoiding a public hearing and resolving issues relating to sanctions, to be imposed by the City as the licensing authority, pursuant to Minn. Stat. 340A.415. ON THE BASIS OF THE FOREGOING, THEREFORE, IT IS RESOLVED THAT THE CITY COUNCIL ORDERS AND AGREES AS FOLLOWS: 1. The Licensee will pay to the City Finance Director, within ten days of receipt of written notification of approval of this Consent Order by the City Council, the sum of One Thousand Dollars ($1,000). 2. The Licensee waives a written statement of charges, notice of hearing and hearing to which it is entitled by Minn. Stat. 340A.415. 3. The Licensee admits the occurrence of the Violation. 4. The City will impose, as the sole civil sanction for the Violations, a civil penalty in the amount of $1,000 payable as set forth in paragraph l hereof. This agreement shall not limit the right of the City to pursue civil remedies or to take any action with respect to the license that is authorized by state law or City Code for any activity to which this agreement does not specifically apply and that is a violation of state law or City Code. 5. Except as provided in paragraph 6, in the event of future violations of state law or City Code by Licensee, no additional penalty shall be imposed for unlawful activity covered by this agreement. However, admissions of unlawful activity described herein may be taken into consideration in determining appropriate sanctions in any future cases. RESOLUTION NO. 6. In the event the City Council determines that Licensee has failed to comply fully with the Policies and Procedures at any time during the three year period following the date of this Resolution, Licensee agrees that the City may revoke or suspend the Licensee's license or impose civil penalties for the Violations pursuant to Minnesota Statutes. 340A.415, provided the total penalty, including the penalty agreed to pursuant to paragraph 1 hereof, shall not exceed amounts authorized by law. 7. Licensee understands and agrees: a. That this agreement does not constitute an agreement not to bring criminal charges for activities described herein; b. That a decision whether to bring any charges rests within the discretion of the City prosecuting attorney, the County attorney, or other authorized law enforcement agencies; c. That the Licensee freely enters into this agreement without any promises from the City that no criminal charges will be brought; d. That this agreement is entered into for the sole purpose of resolving and settling any potential civil sanctions imposed pursuant to Minn. Stat. 340A.415, and not for the purpose of resolving or settling any potential criminal issues; and e. That in the event criminal charges are brought against the undersigned, the Licensee or any of its employees for activities described herein, Licensee will not contest the validity of this agreement, repudiate, or otherwise challenge this agreement in any way, by reason of the initiation or prosecution of such criminal proceedings. AMF BOWLING CENTERS, INC. By Its RESOLUTION NO. By Order of the City Council of the City of Brooklyn Center this 10th day of January, 2005. January 10. 2005 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. E Cit y O f Brooklyn Center Office of the City Clerk rookl y A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manz ger 1 FROM: Sharon Knutson, City Clerk DATE: January 10, 2005 SUBJECT: Resolution and Consent Order Imposing Civil Penalty City Attorney Charlie LeFevere faxed over the written policies and procedures adopted by AMF Earle Brown Lanes, which should be attached to the resolution as Attachment One. Attachment 0 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Jan -10 -05 15:49 From Kennedy Graven +6123379310 T-955 P.002 /01B F -480 ATTACHMENT ONE AMF Earle Brown Lanes 6440 James Circle North Brooklyn Center, MN 55430 Brooklyn Center City Council Brooklyn Center Police Depar=,e:nt May 20, 2004 Council Members, In response to the request from Bill Koncar Brooklyn Center Police, to questions that have arisen from our liquor license violation on September 30, 2003, 1. A description of the training given to all servers who provides the training and what the training includes; how often the employees must.attend and how the licensee keeps track of Aho attends the training; when during the employment the training is given; and any other description of details of training and instruction of servers or employees. All AMF employees who se alcohol are mandated to attend a TIPS class within their first 90 days of employment. TIPS is Training for Intervention ProcedureS. The TIPS of on premise training is a five -hour session for restaurants, bars and nightclubs. The purpose of TIPS is to help people create the kind of environment that promotes the safe and responsible enjoyment of alcohol- The TIPS program goal is to establish acceptable stands of practice: for serving alcohol. Loree Schutta is our certified TIPS trainer, and a full time bartender. She is recertified every year. TIPS servers are certified for a period of three: years. AMF Corporation and each center keeps up to date records of who needs tc, be recertified. To remain on the schedule each server, bartender, host, DJ_ and Manager must keep their certification up to date. Loree also attended an alcohol awareness program hosted by the Brooklyn Center Police. During hiring orientation tht:re is a Statement for Employees Selling or Serving Alcoholic Beverages each exiployee must sign off on this to be employed_ See; attachments 4 and f. 2. A description of pen odic checks, reminders or refresher courses for employees. Trainers are certified in TIPS each year, and server's certification is every three years. Managers are working the floor during all shifts, pre shift meetings are given, newsletters are written to rewind servers to card customers and not to over serve. Fellow employees and security is also very good about checking with each other, and it is not uncommon to have someone IDed more than once in an evening. Jan -10 -85 15:5D From- Kennedy Graven +612337931D T-855 P.003 /018 F -480 3. A description of the disciplinary, policies imposed on employees who violate liquor laws. AMF uses Progressive Discipline within their centers. See attachments 1 and 3. 4. A description of signs that are posted, including what the signs say and where they are posted. Attachment 6A is posted at the main entrance to Jam's, our lounge. Attachments 6B and 6C are posted at the service window from the bowling lanes into the bar. Attachment 6D is posted behind the bar for employees and customers to see. 5. A description of steps tacen by supervisors on an ongoing basis to monitor compliance with employer procedures. Managers are on the floor of the bar, dining room and bowling center. They are the second or third set of eyes. We check to make sure customers have been carded and are not being over served. We also have outside security on weekends to become yet another set of eyes. I hope that this helps answer your questions and concerns about our violation and how we are going about preventing it from happening again. It will not happen again, for this violation was the first in twenty -eight years of operations within Brooklyn Center. It is a personal embarrassment to the f:ntire management staff and lounge employees. We all take a lot of pride in our busine: >s and how we do business within the community. Thank -you, Lynn Roth L� i ent r Manager AMF Earle Brown Lanes Cc; C. Blanc, L. Randall, L Hobson Jan -1D -05 15:50 from Kennedy Graven +6123379310 T -B55 P.004 /D1B F -490 r EMPLOYEES SELXNG /SERVING ALCOHOLIC BEVERAGES I. GUIDELINETURPOSE: AMF has established a policy for the lawful and rrspons+ble sale and service of alcoholic beverages by its employees. It is unlawful and a violation of this Guideline for AW employees to sell or serve alcoholic beverages including. malt bcvcragcs, Nine or spirits, to anyone who is intoxicated or under thc•lcgal agc for consumption of alcoholic beverages. II. EMPLOYEES COVERED IW THE GUIDELINE: All employees of AMF's U.S. Bowlirp, Center Operations "BCO'). III. RESPONSIBILITY FOR E,-DMINISTRATION: tJ_ S. B6O Caws Mmagas and aD levels of ECQ MzvgmeM IV, PROCEDURES: A. Identification Check I. AMF requires an identificaf on check on anyone who appears tp be under 30 years of age. Acceptable identification must include: a picture of the person, as well as their birth date. Ali forms of identification must be current and vat i.i Expired identification cannot be accepted_ Acceptable identification is limited to the follow,ng: a. State Drivcrs Liccr,sc b. State identification card (must be for state in which alcohol is being purchased) C. Military identification yard d. Passport 2. No other form of identification is acceptable as age verification for the purchase of alcoholic beverages at AIYT'Centers. B_ Hours of Sale 1. The hours when alcoholic r.cverages can be sold vary by state, county and. local jurisdiction, depending on specific laws or ordinsLrIces_ It is the responsibility of the District Manager, Center Manager and Food and Beverage Manager to check With local officials for limitations on hours for the sale of alcoholic beverages in a particular o-niter and to abide by the legal guidelines. C. Emplovee Violations 1. Any employee who sells or serves an alcoholic beverage to a customer who, in the sole opinion of the Center Manager or other managi:mcnt rrprescntativc, appears to be 30 years of agc or less, Without requiring the proper identification, will be subject to progressive discipline up to and including immediate termination. 2_ Any employee who sells or serves an alcoholic beverage to a customer under the age of 21 will be Subjca to discipline up to and including immcdiate termination. 3. Any employee who is four.d by management to have knowingly sold an alcoholic beverage to a customer under the age of 21 will b•-- subject to immediate termination_ Guideline -132 Rev, 05102 Jan -10 -05 15:50 From- Kennedy Graven +B123379310 T-B55 P.005/01B F =480 4_ Any employee who refuses to ;erne alcohol to a customer based solely on the fact that a customer is A o remnant will be subject to discipline up to and including immediate termination. 5. Any employee who is cited for an alcohol service violation or who i$ determined by AMF to be responsible for an alcohol- related citation or charge being served on an ANT center will be suspended, without pay, pending the outcome of AW's investigation and any related legal proceedings. If the employee is absolved of responsibility or if the charge or citation is dismissed, the employee may be reinstated with back pay. Any other outcome will result in immediate termination. 6. Neither AMF nor any AMF ceitt:er will be responsible for any expenses incurred by an employee in defending alcoholic beverage violations. This includes, but is not limited to, fines, penalties, attorney's fees. and ivss of income for the employ,!c- b. Withholdinst or StoT)On°_ Service to Potentinll- Intoxicated Customers 1. A11 servers and sellers of alcot edit beverages are expected to observe and abide by the Behavior Cues and Absorption Rate Factors taugit by the TIPS program. 2. The Behavior Cues are define by the TIPS program as 'the change ter people's behavior aftera fete drinks. Usually. the more alcohol 'n the bloodstream, the reeore obviorts the cues'. These Cues are 1 w react e t so ed shown in lowered inhibitions poor jud„ m n and a loss of coordination. TIPS define the Absorption Rate Factors as 'factors that help to gauge how rapidly a person's Blood Alcohol Content (FAC) is rising ;wing vat are idea of hox alcohol is affecting sorneone These d observation factors include lu b ervation of the custtrrner's size gender. mood, rate of consumption, as veil as the c strength of the drink and whether or tier the person is (or has) consumin food or is taking any kind of medication or drugs_ 4. When a customer displays any behavioral changes and /or signs of intoxication, the involved employee, wirh the assistance of management must make a decision about continuing alcohol service to the customer. Signs of intoxication inciucc but are not limited to the following_ a. Lowered inhibitions such as becoming more talkative and overly friendly, or showing a loss of self control or mood swings_ b. Inappropriate behavior such as using foul language. telling off color jokes, annoying others, or increasing the rate of drinking. c_ Slowed reactions such as glassy unfocused eyes, moving more slowly. forgetting, or losing train of thought, slurring speech, and lighting more than one cigarette. d. Loss of coordinatio l such as stumbling, swaying. and dropping belongings, or having trouble picking up items such as change. 5_ Employees must be aware that some people have developed tolerance or the ability to mask these signs of intoxication. This does not mean that they can be served unlimited alcoholic beverages as their •R blood alcohol content still increases at the same me of those who sho w r is st s 6_ It is the responsibility of all servers to monitor the alcohol consumption of customers and to e efforts' prevent v .Federal and stair. laws require that employ p pre ent rntoxtication s ccs make'reasonabl q p y intoxication, prevent alcohol sales to minors, and intervene if a guest becomes intoxicated. 7. If and /or when the determination is made to stop service of alcohol to a customer, the manager must be consulted. This is a mana�ezient decision based on the facts and observations of the serving employee. In addition, the followin- precautions must be taken. Guidd�no- 132 Rcv. OS/02 Jan -10 -05 15:50 From- Kennedy Graven +6123379310 T -855 P.0116/019 F-480 r a. Management and all FTnployces must abide bythc decision to stop alcohol scrviceto the involved person(s). b. All customer service people in the center must be alerted thar service to this person has been stopped. C. Alternative transportation must be made available to prevent an intoxicated person from operating an automobile or leaving the premises under their own power, up to and including, placing a call to the police. d. Non- alcoholic beverages, such as fountain drinks, water, coffee, or,juiccs should be offered to the customer. Thesc bcvcm;,c:s should be made available on the house' and accounted for following company polity. For more information, see "Alcohol Citation Procedur in AMT Guidelines. Guideline -132 Rev. 05/02 Jan -10 -D5 15:5D from Kennedy& Graven +6123379310 T -855 P.007/018 F -48D V RPw1:�: ALCOHOL CITATION PROCEDURE L GUIDELINE/PURPOSE: AMF has established a guideline for unfortunate citations that may occur in the centers if the alcohol server(s) violates local, state, and/or f;derat law. When these violations occur, local regulatory agencies (police, alcohol control. personnel, etc.) often issue citations to the center. This guideline will help the center follow a specific plan of action. II. EMPLOYEES COVERED ]E Y THE GUIDELINE: All employees of AMF's Bowling Center Operations C ECO III. RESPONSIRI= FOR ADMINIS I RA'PION: BCO CesttaMa, and a111etiels of BCG 1 via ag me nt IV. PROCEDURES: A. First Thinss to Do after R•-+:eivins a Citation 1. If the manager on duty is anyone other than the Center Manager, the Center Manager must be notified immediately. 2_ Within 24 hours of the incident, the Center Manager must notify the District Managcr. Upon this notification. the District Manager must notify the Regional Vice President immediately. 3. In addition, the Licensing, Legal, and Food Beverage Departments at Corporate must be notified within 24 hours of receiving the citation, each of the above departments should be faxed a copy of the citation accompanied by the Inei i,mt Report (see Exhibit A in this section): 4. All alcohol related incidents must be documented: Documentation is required for company and center records and can be an import.Lrit tool in the events of legal proceedings_ Accurate documentation is important to show that.rcasonable and responsible efforts were made to provide a safe environment for customers and employees: B_ Documentation of Incidents L All incidents mast be documented in writing. This includes, but is not limited to, incidents of violence. intoxication, underage alcohol consumption, and accidents. Incidents maybe customer or employee related. 2_ Documentation should contain the following: Date, Time, Name of Manager on Duty or Shift Manager on Duty, Name of Pcrson(s) Involved, Details of Incident (i.e.. was the person intoxicated? How many drinks/bccrs had the person b: served? What caused the accident? Who started the fight? What caused the fight? Exactly where in the center or on the property, did the incident stardend? Name of witnesses, Statements from wimcsss (customer employee), Actions taken (were ID's checked? Was the person 'cut -off' from alcohol set Were the polieelsecunry called? If the incident is alcohol related, was food offered? Was a free cab ride offered? Were non alcoholic beverages offered Guideline li 3 Rev. 07 Jan -10 -85 15:50 From- Kennedy Graven +6123379310 T -855 P.008/018 F -480 3. Document incidents on the Ir;cidentReport Form (Exhibit A in this section). This report should be kept in a special file or center notebock_ It is your detailed history of the incident and may be needed to show legal authorities how the center the situation. C. AvoidinE Alcohol Citations and Other Incidents 1. Reasonable and responsible efforts AMF centers should take to avoid alcohol related incidents include the followi:tg: a_ Meet the AMF requirement for TIPS training. Ensure that all staff involved in customer service is trained in the'ITIPS program. This includes all management. F &B employees, control counter personn and any other employees who deal with customers (barllounge and banquet employee's, po: lane attendants. etc.). b. Check ID's of all parsons who order alcohol. c. Check an ID for every alcoholic beverage sold (if one person orders 4 drinks, beers, etc. check 4 ID's from 4 dificrent people). d. `Cut -off alcohol service to patrons who are becoming intoxicated, Do not continue to serve pawns to the point of intoxication. c. Use'security during busy periods, especially during busy open -play and/or `XTR.EME times_ f_ Have a Designated Drivcr program and offer free non alcoholic beverages to those who agree not to drink and then to drive for friends who are drinking. g. Serve only one a1c.)holic beverage per person at a time. h. Do not sell a pitch of beer to an individual i_ Develop a relation 5hip with a local cab company. Workout a program for discounted service, if possible. Cs h this cab company to rransport those who have over consumed alcohol. NEVER ALLOW AN INTOXICATED PATRON TO DR.NE. Pay for this cab service out of petty cash. (Refer to AMF Claims Manual, Section 9) j. Offer food and non alcoholic beverages to patrons who have over consumed or to patrons who are consuming alcohol at a rapid rate. k. Communicate with co- workers when serving a patron previously served by that co- worker. L. Use glow -in- the -dark wristbands to identify those patrons who arc old enough to drink 6uring'XTR.1 =ME events. m. Call the police to prevent intoxicated patrons from driving or in the events of disorderly conduct. Always call the police if you have reason to believe that your actions will compound or esca late a situation. (Refer to AMF Claims Manual, Section 9) n. Ensure that all staff know and understand AMF Guidelines "Employee's Selling and 'Serving Alcoholic: Beverages". o. Never save aico�. of to patrons who are intoxicated, who are under the age of 21. or who are known to habitually abuse alcohol. 2. Ensurc that all ste.ff understands both company and personal liability for incidents. This information is covered in the TIPS program- Guideline-133 Rev. 07101 Jan -10 -05 15:50 From- Kennedy Graven +6123379310 T-855 P.009/018 F -480 3. Ensure chat staff understar ds that their actions can either calm or escalate situations, Liability often stems from failure tc intervene in an incident at an early stage or from reacting in a manner, that escalates the situation. (Refer to AMF Claims Manual, Section 9) Incident Report Form Exhibit A Date: Time (AMIPM) Manager on Duty: Names) of Customer(s) OR Description of Person(s) L 2. Description of Incident: (Continue on rack if necessary) Action(s) Take: 1. Z_ 3. Witnesses: 1. 2. 3. Employee Statements: Manager Statements: Customer Statements: Report Completed By: Guideline -133 Rev, 07101 Jan -10 -05 15 :51 From- Kennedy Graven +6123378310 T -855 P.010/018 F -480 �C PRC DISCIPLINE L GUIDELINLTURPOSE: It is the purpose of AMF to provide guidelines for progressive discipline actions that give employees an opportunity to improve performance or work habits, when appropriate. II. EMPLOYS COVERED Its' THE GUIDELINE: All employees of AMF. III. RESI?ONSIBILITY FOR ADMINISTRATION: All levels of management and the Human FCesources Department. IV. PROCEDURES: A. When an employee is issaed a verbal or written warning, or when an employee is suspended or terminated, the reason should always be cited. B. Every step of the Progra ;live Discipline Procedure should be carefully DOCUMENTED. 1. The first step of pro, essive discipline is a verbal warning. The manager should first discuss the infraction with the employee. Write down the major points of the conversation and have the employee sign the written summary of the conversation. Use form 030702 (AMF Exhibit R 300-1) L If the employee's pitr does not improve, then the manager will move to Step 2 of Progressive Discipline Written Warning. The written warning should clearly specify the reason for the u arning and the recommended steps for improvement. Additionally, it may set forth the penalty that will be involved if the employee engages in the problem conduct again. The: cmployee should sign the written warning. If helshe refuses to sign, write on the bottom•. of the form "Employee refuses to sign Have this signed and witnessed by at least one and preferably two other managers. Use form #30701 (AMF Exhibit 300 -2). 3. The next step in th-: progressive discipline program is a suspension without pay. The suspension must al way; be documented in writing and, either have the employee sign the -ritten documentw ion or have a manager sign as a witness. Use form #30701 (AMF Exhibit 300 -2) 4. If all other disciplinmy measures have failed, then terminatio0 is the final and most serious step. Sericus offenses including, but not limited to stealing, embezzlement fighting, or use of alcohol or controlled substances on the job arc sufficient for immediate termination without going through the progressive disciplinary steps. Form 30701 must be used when an employee is terminated. S. Prior to terminating any cmployee, the manager must obtain approval by the next level of management. 6. If the manager is unable to obtain the approval prior to termination, they are to place the cmployee on "administrative leave", then obtain the approval. Administrative leave should last no ]on ,,_r tliarrthree (3) days. Guideline -300 Rev. 01100 Jan -10 -05 15:51 From- Kennedy Graven +6123379310 T -855 P.011 /018 f -480 7. 1f it is determined that there is insufncient documentation to terminate the employee, they will be reinstated with back pay. S. Managers should consult with the Corporate Human Resources or Legal Department, prior to the terminaticn of any employee_ 9. Managers should maintain a copy of all progressive discipline notices and send the originals to the Employee Records Department forplacement in the employee's personnel file. Guideline -300 Rev. 01/00 Jan -1D -05 15:51 From— Kennedy Graven +612337931D T -855 P- 012/018 F -480 AMF FOOD BE STANDARD OPERATING PRO)CEDURES�� ALCOHOL BEVERAGE MANAGEMENT (B) ALCOHOL AWARENESS TRAINING. I. RESPONSIBLE ALCOHOL SERVICE, A part of the responsibility that comes with holding a license to sell and serve alcohol is the legal and moral obligs�tion to serve that alcohol in a responsible manner. Failure to do so may result in loss of license, fines, legal action against the license and /or the responsible employees and managers, and disciplinary actions up to and including terminations. (AMF Policy #351, Employees Selling and Serving Alcohol) Every employee of an AMF center with a license to sell or serve alcohol is legally em liable and responsible for thex actions, even though the actual license is held and paid for by AMF Bowling Centi,rs, Inc, or a designated division of the company. Responsible alcohol service is defined as Never serving a cu er to the point of intoxication Never serving alcohol ro a person who is (or you have reason to believe is) already intoxicated Never serving alcohol to a person who is under the legal age to consume (21 years of age throughout the United States) Verifying the legal age of consumers or potential consumers by thoroughly checking for a legal and valid ID Providing intervention for any person who is, or becomes, intoxicated to prevent them from causing harm to themselves, to others, or to property (including contacting law enforcement to preveht the person from operating a motor vehicle brother transportation or.from causing.. harm) Making all reasonable efforts to prevent intoxication, service to minors, and harm to people and /or property The first step in responsible alcohol service is to know'and abide by, state and local laws for the sale and /or service Of alcohol. In all jurisdictions, ignorance of the law is not accepted as a legitimate reason for failure to abide by the law. All states maintain an alcohol authority or agency that enforces these laws. (The name of this agency will vary from state to state. Some examples of these names include the Liquor Control Board or LC_B, the Alcohol Beverage Control Board or ABC, and the Liquor License Control Authority or LLC. In some states, this agency is an arm of the Bureau of Alcohol, Tobacco, and Firearms or ATF.) These agencies all offer trair ing on state regulations in some form_ This training will vary from state to state. It may be available in the form of a written booklet and /or ALCOHOL BEVERAGE MGMT 1 B) ALCOHOL AWARENESS TRAINING Revised 4 -03 Jan -10 -05 15:51 From- Kennedy Graven 41233T931D T -855 P.D13/018 F -00 video, full day seminars for lizensees and their employees, or anything between. Management is responsible fc insuring that staff involved in alcohol sales /service knows and abides by state and[ local regulations. (Local jurisdictions may make laws that are stricter than state laws so knowing local regulations is just as important as knowing state laws.) AMF requires that all emplcyees be introduced to AMF through an employee orientation program. Orientation includes using the ASSET@ program. ASSET@ is a responsible alcohol service program that serves as a brief introduction to the TIPS@ program. This program trains the new employee in the key points of working around and dealing with customers who are consuming alcohol. AMF requires the use of this program so that all employees, even new ones, are aware of the responsibilities involved with serving alcohol. The ASSETO program uses a special manual for each new employee.. The program ends with a short test and offers a certificate for the employee after they pass the test. To order ASSET@ manuals for your center contact any member of the Food Beverage department. 2, TIPS® TRAINING AT AMF, AMF mandates that all managers and those employees involved in the sales and /or service of alcohol be trained in the TIPS@ program (Training for Intervention ProcedureS) within the first 90 days of employment. This program is the most widely recognized responsible alcohol service program in the country. The TIPS@ program is accepted in all states but some states require additional training in state specific Programs. All AMF districts: are required to have at least one TIPS@ trainer to conduct this training throughout the district. These trainers are trained and certified in state programs where required. AMF trainers are certified by Health Communications, Inc., the owners of the TiPS@ program, to certify servers, sellers, and managers in this program. To determine who is responsible for TIPS@ training in your district, contact your District Manager. To schedule a TIPS® class for managers or employees, contact your district manager and /or your district trainer. To become a TiPSU trainer, contact the Food Beverage department. Trainer training is currently out sourced to Health Communications. To contact Health Communications, call 1-800-GET-TIPS- For more information on Alcohol Awareness Training and legal obligations, refer to the Legal Guidelines sectio'� of this manual. ALCOqOL BEVERACE MGMT 2 B) ALCOHOL AWARENESS TRAINING Revised 4 -03 Jan -1D -05 15:51 From- Kennedy Graven +6123378310 T -855 P.014 /01B F-480 F= Polygraph ProtectiO i Form It is the policy of AMF Bowling Center.:, Inc. to not require or demand any applicant for employment or prospective employment or any employee to submit to or take a polygraph, fie detector or similar test or examination as a condition of employment or continued employment_ Any employer who violates this provision in Maryland or Massachusetts is' guilty of a misdemeanor and will be subject -to a fine. Statement for Employees Selling or Serving Alcoholic Beverages To enforce our obligation to the public: and to protect our license to serve liquor. AMF wants to make absolutely certain that its bartenders ,end service personnel do not illegally furnish intoxicating beverages to customers. The definition of the term "illegally" includes: 1. The serving of customers under the legal state age limit_ 2. The serving of customers of que!tionable age without proper age verification. If age is questionable, the customer must provide 2 forms of valid identification_ The following constitute valid forms: a) Driver's License or Personal 'identification card issued by state b) Voter Registration Card c) Birth Certificate d) Passport e) Military Identification Card denti 3_ The serving of customers possessing false ificafion or questionable age identification_ 4_ The serving of customers entering our establishment'who appear to be under the influence of alcohol or drugs. 5. The continued serving of customers approaching intoxication while on our premises. 6. The serving of alcoholic bevera ges to customers desiring to take the alcohol off the center premises- When confronted with any of the above cirr-umstances, do not serve the customer alcoholic beverages. If assistance is needed, notify the manager on duty. When necessary, the manager should contact local police. 0 0•• s• A•• r•• e e s e•••• m Q o r e O r i O• r o• r e e o i o r 0• e••••• e PLEASE NO CHILDREN AL LOWED AFTER o 8 IS REQUIRED PROPER ATTIRE Q o r e o o c" TH MANA GEMENT RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE O 6 P 1� 7�IJ HAV x'� PROP I D AV AI L AB LE 0 VALID STATE DRI R S LIUEAN E a VALID STATE I GREEN MILITARY ID CAR] p Y O o o e e► o NO EXCEPTIONS m o m too s i e• o o a r e o e r• r o 6 o m••• r a o•• o• e• as r a• o r• m ca 0 r Jan -10 -05 15:52 From— Kennedy Graven +6123379310 T -955 ,P- 016/019 F -480 zz R R R �m r R r f a R 9z Jan -10 -05 15:52 From Kennedy Graven +6123379310 T -855 P.O17 /018 F -480 a R t R c a M r l R R i R i A R r R R M q Lr�r G.Z. Fi R IFS p zrr ■r ■xarr i r a a a a Q r Y Y a a r a r qt o �a ■a ■rt ■■crrr ■Yr■r ■arr :rar ■ra* r m w v r 9 r r m r r m r r a r n r a o DAY A4UST 'E O a m Y a V r a Q r r ■O DA IN 19 r TO BE SO OR S E D ;or El LK BE PREPARED TO SHOW PROOF OF AGE K ro m r a m r a Q tra Q■■ Q■ rrrzrr■ r■ Y■ arr■ rrirz■ Ya■ a■ rrrMrrr■ a■ r Y =rrxrr■rrrrrrYrr■rrw<rrr ■rurYn o i c rn 470 U.S. Bank Plaza 200 South Sixth Street v Minneapolis, MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E D http: /www.kennedy- graven.com CHARLES L. LEFEVERE Attomey at Law Direct Dial (612) 337 -9215 Email: clefevere@kennedy-graven.com December 13, 2004 Scott Bechthold Brooklyn Center Chief of Police 6645 Humboldt Avenue North Brooklyn Center, MN 55430 Re: AMF Bowling Center (Earle Brown Lanes) Dear Scott: Attached is a copy of the consent resolution for the Earle Brown Bowl liquor violation. The licensee has agreed to the imposition of a $1,000 civil penalty. I would recommend that this be placed on an upcoming City Council agenda on the consent agenda. Once the Council has approved the agreement, I will contact the licensee for payment. Very truly yours, Charles L. LeFevere CLL:peb Enclosure cc: Sharon Knutson CLL- 256807v] BR291 -233 City Council Agenda Item No. 9a MEMORANDUM TO: Michael J, McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning Spec'alist 4Z' t SUBJECT: Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Southwest Comer of Brooklyn Boulevard and 71 Avenue North) DATE: December 9, 2004 On the December 13, 2004 City Council agenda is the second reading and public hearing for an ordinance amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Southwest Corner of Brooklyn Boulevard and 71" Avenue North). This ordinance amendment relates to the rezoning to G1 of land owned by the Osseo School District intended for use as an adult education facility. The rezoning was approved by the City Council on November 8, 2004. The last action for any rezoning is to describe the property being rezoned under its new zoning classification in the zoning ordinance. This is the purpose of the above ordinance amendment, which also had a first reading on November 8, 2004. The legal description used in the ordinance amendment is that which is established by the platting of the property under consideration. The final plat approval by the City Council and the filing of the plat with Hennepin County is necessary to create a new legal description. This has not yet been accomplished and until it is the legal description used does not exist. It is recommended that the City Council open the public hearing, take comments on the ordinance amendment and table it to their first meeting in January, at which time the final plat should be before the City Council Office of the City Clerk City of Brooklyn Center y A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: December 7, 2004 SUBJECT: An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Southwest Corner of Brooklyn Boulevard and 71st Avenue North) At its November 8, 2004, meeting, the Brooklyn Center City Council approved first reading of An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Southwest Corner of Brooklyn Boulevard and 71 st Avenue North). The second reading and Public Hearing are scheduled for December 13, 2004. Notice of Public Hearing was published in the Brooklyn Center Sun -Post newspaper on November 18, 2004. If adopted, effective date will be January 22, 2005. Attachments 63 01 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, AIN 55430 -2199 (763 569-3400 City all TDD Number y (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 3494 www. cityo fb rooklyncenter. org CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of December 2004 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 35of the City Ordinances Regarding the Zoning Classification of Certain Land. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST CORNER OF BROOKLYN BOULEVARD AND 71 ST AVENUE NORTH) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1110. TWO FAMILY RESIDENCE DISTRICT (R2). The following properties are hereby established as being within the (R2) Two Family Residence District zoning classification: Section 35 -1130. MULTIPLE FAMILY RESIDENCE DISTRICT (R4). The following properties are hereby established as being within the (R4) Multiple Family Residence District zoning classification: Section 35- 1170. SERVICE /OFFICE DISTRICT (Cl). The following properties are hereby established as being within a (Cl) Service /Office District zoning classification: T.nt'i,Rlnrk 1 ��linn Wi llnwT,anP Addition Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this 13th day of December 2004. ATTEST- Mayor City Clerk Date of Publication: December 23, 2004 Effective Date: January 22, 2005 (Strikeouts indicate matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 10a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF BOB PEPPE FOR HIS DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER WHEREAS, Bob Peppe served as a member of the Brooklyn Center City Council from January 1, 1997, through December 31, 2004; and WHEREAS, his service to the City and his consistent leadership have contributed substantially to the sound progress and development of the city; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his services and achievements for the betterment of the city be permanently recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Bob Peppe is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service he has rendered and the benefits he has secured to the citizens of the City of Brooklyn Center. January 10, 2005 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: P g g and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 10b x Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING ANASTASIA FILIPIAK IN RECOGNITION AND APPRECIATION OF HER SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Anastasia Filipiak has been employed by the City of Brooklyn Center since July 31, 1978, serving initially as Clerk III and most recently as Utilities Technician II, and will retire after twenty six and a half years of dedicated service to the City of Brooklyn Center and its citizens on January 21, 2005; and WHEREAS, during her twenty six and a half years of service to the City of Brooklyn Center she has contributed to the efficient and effective management of utility customer accounts and participated in several successful conversions of utility billing systems and contributed to the modification, enhancement and efficient operation of those systems; and WHEREAS, during her tenure Ms. Filipiak has demonstrated unwavering courtesy toward the utility customers of the community and continuing encouragement and support of her co- workers for which she has earned their respect and admiration. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, upon the recommendation of the City Manager, that this resolution be and hereby is adopted in recognition and appreciation of the twenty six and a half years of dedicated service to the City provided by Anastasia Filipiak. January 10, 2005 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. 10c T pOKLYN C�Nr B ROOKLYN CENTER POLICE DEPARTMENT T POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Bechthold, Chief of Police SUBJECT: City Council Resolution Jean Gould DATE: January 6, 2005 Attached, please find a City Council resolution expressing appreciation to Jean Gould, who will be retiring effective January 14, 2005, after 25 plus years of dedicated service to the City of Brooklyn Center. sb SB:kh i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JEAN GOULD WHEREAS, Jean Gould has been an employee of the City of Brooklyn Center, Police Department, from October 1, 1979 to January 14, 2005; and WHEREAS, Jean Gould has been a Police Typist from 1979 to 2005; and WHEREAS, Jean Gould has faithfully served the residents of the City of Brooklyn Center for over 25 years; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, upon the recommendation of the City Manager, that the dedicated public service of Jean Gould is hereby recognized and appreciated by the City of Brooklyn Center Jnauary 10, 2005 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. 10d ��pOKLYN CEIpr BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Bechthold, Chief of Police SUBJECT: City Council Resolution Lt. Curt Lund DATE: December 2, 2004 Attached please find a City Council, resolution expressing appreciation to Lt. Curt Lund. Lt. Lund will be retiring effective December 17, 2004, after 19+ years of dedicated service to the City of Brooklyn Center. SB:kh Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF LIEUTENANT CURTIS LUND WHEREAS, Lieutenant Lund was hired as a Police Officer by the City of Brooklyn Center Police Department on October 1,1984; was promoted to Detective on February 7, 1994, and served as a Detective from February 7, 1994, until June 30, 2001; was promoted to the position of Sergeant on July 1, 2001, and served as a Sergeant from July 1, 2001, until May 18,2003; and was promoted to the position of Lieutenant on May 19, 2003; and WHEREAS, Lieutenant Lund has served as a supervisor and member of the Emergency Operations Unit and as a member of the Anoka- Hennepin Drug Task Force; and WHEREAS, Lieutenant Lund has received numerous commendations for outstanding police work and received letters of thanks from numerous citizens for assistance that he has rendered; and WHEREAS, his dedicated public service and civic effort for the betterment of the it gratitude of the citizens of Brooklyn community mer t Y g Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, upon the recommendation of the City Manager, that the dedicated public service of Lieutenant Curtis Lund is hereby recognized and appreciated by the City of Brooklyn Center. January 10, 2005 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. 10e City of Brooklyn Center A Millennium Community MEMORANDUM DATE: 1/2/05 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation for the Donation of the Brooklyn Center rime Prevention Program in Support of the Summer Fun Squad Program The Brooklyn Center Crime Prevention Program has presented to the City a donation of one thousand, one hundred and twenty five dollars. ($1,125.00) They have designated that it be used to support the Summer Fun Squad Program. Staff recommends acceptance of this generous donation and asks that it be coded to the corresponding activity budget. 6301 Shingle Creek Parkway Recreation and Community_ Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER CRIME PREVENTION PROGRAM IN SUPPORT OF THE SUMMER FUN SQUAD PROGRAM WHEREAS, the Brooklyn Center Crime Prevention Program has presented to the City a donation of one thousand, one hundred and twenty five dollars ($1,125) and has designated that it be used to support the Summer Fun Squad Program; and WHEREAS, the City Council is appreciative of the donation and commends Brooklyn Center Crime Prevention Program for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center 1 Acknowledges the donation with gratitude. 2. Appropriates the donation to the corresponding activity budget. January 10, 2005 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. y City Council Agenda Item N 10f Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 5, 2005 SUBJECT: Resolution Expressing Recognition and Appreciation of Members Who Have Served on City Advisory Commissions The attached resolution recognizes the public service of citizens who have voluntarily served on the City advisory commissions and have either resigned as commission members during 2004 or terms expired. Certificates of Appreciation will be presented to each person attending the meeting. Attachment 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www. cityofbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY COMMISSIONS WHEREAS, several citizens have voluntarily served on City Commissions; and WHEREAS, their public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, their leadership and expertise have been greatly appreciated by the Brooklyn Center Commissions; and WHEREAS, it is highly appropriate that each member's service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of: Walter R. Bursch, Charter Commission 6/28/96- 6/26/04 Stephen Erdmann, Planning Commission 6/9/97- 5/1/04 Kathleen Ganter, NWHHSC Advisory.Commission 1/25/99- 1/31/04 Tracy Groves, NWHHSC Advisory Commission 5/10/04- 12/31/04 Jay Hruska, Financial Commission 3/13/95- 12/31/04 Denise Walker, Charter Commission 12/9/01- 4/28/04 Lumarie Watkins, NWHHSC Advisory Commission 12/8/03- 4/23/04 Pangshoua Pamela Yang, NW Regional Human Rights 1/14/02- 12/31/04 is hereby recognized and appreciated by the City of Brooklyn Center and staff is directed to prepare individual certificates of appreciation for each commission member. January 10, 2005 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 followin g g voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. lOg Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Man ger FROM: Sharon Knutson, City Clerk DATE: January 10, 2005 SUBJECT: Amendment to Mayoral Reappointments to City Advisory Commissions On Page 2 of my memorandum regarding Mayoral Reappointments to City Advisory Commissions, the third and fourth sentences in the paragraph regarding the Planning Commission reappointments were inadvertently left in the document from a previous version of the memo. The sentence should read: Mr. Boeck, Mr. Rahn, Ms. Reem, and Mr. Willson wish to continue their voluntary public service on the Planning Commission for another two -year term. 4P 6301 l Shingle Creek Parkway Recreation and Community Center Phone &TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Man xger FROM: Sharon Knutson, City Clerk DATE: January 5, 2005 ea City Advisory SUBJECT: Mayoral Reappointments to Y pP Y Commissions Several commission member terms on City advisory commissions expired December 31, 2004. Prior to term expiration, City staff liaisons to the commissions polled the members whose terms would expire to determine their interest in continuing serving on their respective commissions. Mayor Kragness sent a letter to the City advisory commission chairpersons requesting input regarding participation and attendance of these members. Mayor Kragness talked with each of the chairpersons, and they responded that they would recommend reappointment of the commission members. Attached a memorandum Y g g ed i randum from Mayor Kragness indicating her nominations. Also attached are the o ra procedures for filling commission vacancies adopted by the City Council on March 27, 1995. Materials regarding the commissions are attached, including a table that indicates the geographical distribution by neighborhood of the current members of the commissions and an attendance record of the commission members for 2004. Recommended Council Action: I. Motion by Council to ratify Mayor's reappointments to commissions with terms expiring as follows: Financial Commission term to expire 12/31/2007 Housing Commission term to expire 12/31/2007 Park and Recreation Commission term to expire 12/31/2007 Planning Commission term to expire 12/31/2006 NW Suburbs Cable Communications Commission -term to expire 12/31/2005 /2005 Attachments 0 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Financial Commission The Financial Commission is composed of a chairperson and six members, with members serving a three- year term. On December 31, 2004, the Financial Commission terms of Jay Hruska and Lawrence Peterson expired. Mr. Hruska opted to resign his position on the Financial Commission. Mr. Peterson wishes to continue his voluntary public service on the Financial Commission for another three -year term. Housing Commission The Housing Commission is composed of a chairperson and eight members, with members serving a three year term. On December 31, 2004, the Housing Commission terms of Stan Leino and Mark Yelich expired. Mr. Leino and Mark Yelich wish to continue their voluntary public service on the Housing Commission for another three -year term. Park and Recreation Commission The Park and Recreation Commission is composed of a chairperson and six members, with members serving p a three -year term. On December 31, 2004, the Park and Recreation Commission terms of Gail Ebert, Craig Hauger, and Roger Peterson expired. Ms. Ebert, Mr. Hauger, and Mr. Peterson wish to continue their voluntary public service on the Park and Recreation Commission for another three -year term. Planning Commission The Planning Commission is composed of a chairperson and six members, with members serving a two -year term. On December 31, 2004, the Planning Commission terms of Graydon Boeck, Sean Rahn, and Dianne Reem, and Tim Willson expired. Mr. Erdmann and Mr. Newman wish to continue their voluntary public service on the Planning Commission for another two -year term. Mr. Whitehead has resigned his position on the Planning Commission. Northwest Suburbs Cable Communications Commission The Northwest Suburbs Cable Communications Commission is composed of two representatives from each participating City, one of which is a representative of the City Council and the other a resident of the city, with members serving a one -year term. On December 31, 2004, the Northwest Suburbs Cable Communications Commission term of Rex Newman expired. Mr. Newman wishes to continue his voluntary public service on the Northwest Suburbs Cable Communications Commission for 2005. Office of the Mayor City of Brooklyn Center A Millennium Community MEMORANDUM TO: Councilmembers Carmody, Lasman, Niesen, and O'Connor FROM: Myrna Kragness, Mayor A AICA— DATE: January 5, 2005 SUBJECT: City Advisory Commission Reappointments As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the reappointment'of the following persons: Financial Commission Lawrence Peterson 5830 June Avenue North Housing Commission Stan Leino 7118 France Avenue North Mark Yelich 6018 Beard Avenue North Park and Recreation Commission Gail Ebert 1613 Irving Lane Craig Hauger 6706 Colfax Avenue North Roger Peterson 1511 71st Avenue North Planning. Commission Graydon Boeck 5601 Indiana Avenue North Sean Rahn 5740 Irving Avenue North Dianne Reem 6225 Chowen Avenue North Tim Willson 7007 Dallas Road Northwest Suburbs Cable Communications Commission. Rex Newman 3107 61 st Avenue North Phone 6301 Shingle Creek Parkway Recreation and Community Center Ph o &TDD N umber Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Mall 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 Council 3/27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority 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; 5. The City lerk shall forward copies of the applications to the Mayor and City tY p pp Y 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; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. D FOR FILLING COMMIS COUNCIL PROCEDURES ESTABLISHE ION VACANCIES O S City of Brooklyn Center Financial al Commission Geographical Distribution (Chairperson and Six Members) Current Members January 5, 2005 Neighborhoods f� Current Members Southeast Mark Nemec 5538 Camden Avenue North Susan Shogren Smith 600 62nd Avenue North Northeast Earl Simons 7201 Knox Avenue North Northwest West Central Timothy Elftmann 5301 Howe Lane Lawrence Peterson 5830 June Avenue North Central Donn Escher 3107 65th Avenue North Southwest One vacancy. City of Brooklyn Center Financial Commission Attendance Tally 2004 Calendar Year Meeting Dates Type _Escher Elftmann Hruska Milne Nemec Peterson Shogren -Smith Simons 2/19/2004 Regular X X X X X X X 4/8/2004 Regular X X X X X E X 4/29/2004 Regular X X X X X E X 5/17/2004 Joint w /Council X X X U X X X 7/15/2004 Regular X X E U X X X 8/16/2004 Joint w /Council X X X U (resigned) X U X 9/9/2004 Regular X X X X U X X (appointed) 10/14/2004 Regular X E X X U X E 11115/2004 Jointw /Council E E X X U X X X Present E Absent/Excused U Absent/Unexcused City of Brooklyn Center Housing Commission Geographical Distribution (Chairperson and Eight Members) Current Members January 5, 2005 Neighborhoods Applicants Current Members Southeast Mary Barrus 5441 Camden Avenue North Northeast Jean Schuster 1327 67th Lane North Northwest Stan Leino 7118 France Avenue North West Central David Johnson 3500 Admiral Lane Kris Lawrence- Anderson 5213 Eleanor Lane Central Judy Thorbus 6265 Brooklyn Drive Mark Yelich 6018 Beard Avenue North Southwest Two vacancies. ATTENDANCE RECORD Housing Commission NAME 11-20-04 18-17-04 19-21-04 111-16-04 Kris Lawrence- Anderson P P P P Mary Barrus P P E P David Johnson E P P P j Stan Leino E E E E Jean Schuster P E P P Judy Thorbus P P P E Mark Yelich P P P P P Present E Excused U Unexcused R Resigned I City of Brooklyn Center Park and Recreation Commission Geographical Distribution by Park Service Area (P.S.A.) (Chairperson and Six Members) Current Members January 5, 2005 Park Service Area Applicants Current Members P.S.A. I Thomas Shinnick 5324 Oliver Avenue North P.S.A. II Gail Ebert 1613 Irving Lane Craig Hauger 6706 Colfax Avenue North Roger Peterson 1511 71 st Avenue North P.S.A. III Bud Sorenson 6901 Toledo Avenue North Richard Theis 3006 Thurber Road P.S.A. IV P.S.A. V John Russell 5312 N. Lilac Drive CITY OF BROOKLYN CENTER PARKS AND RECREATION COMMISSION Meeting Attendance 2004 lariu� x 5 ebrua March rile Ma T I Juoj Jul` Au 'St Se" tembe,r ,10cto ier ove ber De err belr IN/A IN /A IN /A Bud Sorenson IP IP IP IP IP IP I I IP IP IP I R. Peterson IE IP IP IP IP IP I I IP IP IP I Rich Theis IP IE IP IE IE IP I I IP IE IP I Craig Hauger Ip IP IP IP IP IA I I fP IE IP I John Russell IP IP IE IP IP IE I I IP IP IP Tom Shinnick IP IE IE IP IP IP I I IP IP IP Gail Ebert IP IP I E IP IP IP I I IP IP IP I P Present E Excused A Absent City of Brooklyn Center Planning Commission Geographical Distribution (Chairperson and Six Members) Current Members January 5, 2005 NeighborhoodsApt', Current Members Southeast Northeast Sean Rahn 601 70th Avenue North, #114 Timothy Roche 816 69th Avenue North Tim Willson 6718 Colfax Avenue North Northwest West Central Rachel Lund 4502 58th Avenue North, #301 Central Rex Newman 3107 61 st Avenue North Dianne Reem 6225 Chowen Avenue North Southwest Graydon Boeck 5601 Indiana Avenue North Planning Commission Attendance 2004 1 -15- 3 -25 -04 4 -29 -04 5 -13 -04 6 -17 -04 7 -15 -04 8 -12 -04 10 -28 -04 11 -10 -04 04 Graydon Boeck P E P P P U P P P Stephen Erdmann P P E• Resigned Rachel Lund P P Rex Newman P P P P P P P P E Sean Rahn P P P U U E P P P Dianne Reem P P P P P P P P P Tim Roche P U P P P P P P Tim Willson P P P P P P E E P I City Council Agenda Item No. lOh Office of the Mayor City of Brooklyn Center A Millennium Community MEMORANDUM TO: Councilmembers Carm d asman, Niese O'Connor FROM: Myrna Kragness, Mayor DATE: January 5, 2005 SUBJECT: Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives for Other Organizations for 2005 At the January 10, 2005, meeting, I would like to discuss and make appointments of City Council Members to serve as Council Liaisons to City Advisory Commissions and as Council representatives for boards, committees, or organizations in which the City participates. In 2004, Council Members were appointed as follows: Commission/Organization Council Member Financial Commission Kathleen Carmody Housing Commission Diane Niesen Regional Human Rights Coalition Kay Lasman Park and Recreation Commission Bob Peppe Crime Prevention Program Kay Lasman NW Suburbs Cable Communications Commission Bob Peppe League of Minnesota Cities Kathleen Carmody North Metro Mayors Association Myrna Kragness Association of Metropolitan Municipalities Diane Niesen Brooklyn Center Special Events Committee Kay Lasman Earle Brown Days Committee Kathleen Carmody I would request the Council to ratify the following appointments for 2005: Commission /Organization Council Member Financial Commission Diane Niesen Housing Commission Mary O'Connor Regional Human Rights Coalition Kay Lasman Park and Recreation Commission Kathleen Carmody Crime Prevention Program Kay Lasman NW Suburbs Cable Communications Commission Mary O'Connor League of Minnesota Cities Kathleen Carmody North Metro Mayors Association Myrna Kragness Association of Metropolitan Municipalities Myrna Kragness and Mary O'Connor Brooklyn Center Special Events Committee Kay Lasman Earle Brown Days Committee Kathleen Carmody Mpls. Metro North Convention &Visitors Bureau Myrna Kragness North Hennepin Chamber of Commerce Myrna Kragness 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org City Council Agenda Item No. 10i Office of the City Clerk City of Brooklyn Center A Millennium Community OT RANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 5, 2005 SUBJECT: Select Presiding Officers Mayor Pro Tem and Acting Mayor Pro Tem Section 2.06 of the City Charter requires the Council to choose from its members a Mayor (President) Pro Tem who shall hold office at the pleasure of the Council and shall serve as Mayor (President) in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. City Council Resolution No. 92 -262, Establishing and Designating an Acting President Pro Tem of the City Council, states the most senior Council member shall preside in the absence of both the Mayor and Mayor Pro Tem, and that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. Following is a list of Council members by seniority and the votes cast per member in the most recent election. Kay Lasman'(elected November 5, 1996; votes in most recent election 5,655) Kathleen Carmody (elected November 5, 2002, with 4,287 votes) Diane Niesen (elected November 5, 2002, with 3,555 votes) Mary O'Connor (elected November 2, 2004; with 5,024 votes) Year 2003 Kay Lasman -Mayor (President) Pro Tem Bob Peppe Acting. Mayor (President) Pro Tem Year 2004 Bob Peppe Mayor (President) Pro Tem Kay Lasman Acting Mayor (President) Pro Tem For 2005, Mayor Kragness has indicated that she would ask for Council approval of her nomination of Kathleen Carmody as Mayor (President) Pro Tem. Kay Lasman would serve as Acting Mayor (President) Pro Tem. Attachments: City Charter Section 2.06 City Council Resolution No. 92 -262 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org b. A uniform list of initial questions to be asked of all applicants shall be made available to the public and the applicants in advance of interviews. To the extent reasonably practicable, questions asked of all applicants at the interviews shall be uniform: 4. Selection Process. Upon completion of the interview process, the Council may call for a vote to appoint an applicant. Each Council member may cast only one vote for a preferred applicant on each called -for vote to appoint. No vote, which does not result in a majority vote for one candidate, shall result in elimination from consideration of any candidate. Written ballots listing the applicant(s) shall be used. Each Council member's vote shall be recorded. A simple majority of the Council votes shall appoint that applicant to the City Council. 5. If the Council pursues the appointment process but then fails to fill a vacancy within forty -five (45) days from the occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy. The special election will be held not sooner than one hundred five (105) days and not later than one hundred thirty-five (135) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held. 6. The City shall comply with the Minnesota Data Practices Act in all respects in the collection, management, and dissemination of data on applicants for City Council vacancies. Section 2.06. THE MAYOR. The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a'president pro tem who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and shall exercise all powers and perform all duties conferred and imposed upon the Mayor by this charter, the ordinances of the City, and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. The Mayor shall study the operations of the. City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. In time of public danger or emergency the Mayor may, with the consent of the Council, take command of the police, maintain order and enforce the law. Section 2.07. SALARIES. The Mayor and the members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until the January 1 following the next succeeding general municipal election. The City Manager and all the subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. City of Brooklyn Center -4- City Charter Last revised 1012012004 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION NO. 92 -262 Q RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2.06 of the Brooklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tem who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tem may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS, the City Council desires to provide for an acting president pro tem who shall serve in, the absence of the Mayor and president pro tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the most senior Councilmember shall preside in the absence of both the Mayor and Mayor pro tem. BE IT FURTHER RESOLVED that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. November 23, 1992 Date Todd Pauison, Mayor ATTEST: 9 1 t t!� L CL r` Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 10j Office of the City Manager City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and O'Connor FROM: Michael J. McCauley, City Manager DATE: January 5, 2005 SUBJECT: Resolution Declaring Commitment to the Brooklyn Center City Charter Attached is the annual resolution of commitment to the City Charter. Attachment 0 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. .RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council/Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commissions other than advisory boards or commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this Charter; and WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. RESOLUTION NO. NOW THEREFORE, RE, E IT RESOLVED by the City Council:. 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 and without regard for personal gain or interests. 5. To direct the City Manager to place this resolution for re- adoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council/Manager responsibilities. January 10. 2005 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. 10k Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO LIQUOR LICENSE OF VALUE FOOD OOD WHEREAS, on September 30, 2003, a violation of the State liquor law, specifically Minnesota Statutes, Section 340A.503, Subd. 2(1) occurred on the licensed premises of Value Food at 6804 Humboldt Avenue North; and WHEREAS, by Resolution No. 2004 -172, the City Council appointed a hearing examiner to conduct a hearing on the violation and to consider the imposition of sanctions; and WHEREAS, a hearing on the violation was conducted before Karen Marty, the appointed hearing examiner, on December 6, 2004; and WHEREAS, the City Council has received the Findings of Fact, Conclusions of Law and Recommendations Regarding the Imposition of a Penalty on Value Food for the Sale of Alcoholic Beverages to a Minor; and WHEREAS, the City Council has determined that it is reasonable, appropriate, and in the best interests of the City to approve and adopt the recommendation of the hearing examiner. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. That the Hearing Examiner's Findings of Fact, Conclusions of Law and Recommendations Regarding the Imposition of a Penalty on Value Food for the Sale of Alcoholic Beverages to a Minor, and the Memorandum attached thereto, are approved and adopted by the City Council 2. Licensee is required to pay to the City's Director of Finance a civil penalty in the amount of $2,000 within 30 days of the date of this resolution. A suspension of 30 days is imposed for the violation. However, such suspension is stayed for a period of two years from the date of this resolution conditioned on Value Food not selling alcoholic beverages to a minor during that two -year period. 3. The City Clerk is directed to serve a copy of this resolution on the licensee. January 10. 2005 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 followin g voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337 -9300 telephone M104 0 (612) 337 -9310 fax C MH A R T E R E D http: /www.kennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere @kennedy- graverr.com January 3, 2005 Mr. Mike McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Value Food Liquor Violation Dear Mike: I have received the Findings and Recommendations of the hearing examiner in the Value Food's g g case, a copy of which is attached. She recommends the imposition of a $2,000 civil penalty and a suspension of 30 days, stayed for a period of two years from the date of the City Council decision, and conditioned on Value Food's not selling alcoholic beverages to a minor during that two -year period. I have also prepared the enclosed proposed resolution for adoption by the City Council approving and giving effect to the recommendation of the hearing examiner. Please let me know if you have any questions. Very truly yours, Charles L. LeFevere CLL :peb Enclosure CLL- 257623v1 BR291 -233 R HEARING EXAMINER'S FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATIONS REGARDING THE IMPOSITION OF A PENALTY ON VALUE FOOD FOR THE SALE OF ALCOHOLIC BEVERAGES TO A MINOR On December 6, 2004, at 1:00 p.m., the above entitled matter came on for hearing before Karen E. Marty, hearing examiner, in the City Council chambers of Brooklyn Center, Minnesota. Appearing and presenting evidence were Charles LeFevere, Brooklyn Center City Attorney; Laura Goodman, Deputy Chief of Police; Officer William Koncar; and George Gerges, owner of Value Food. ISSUES 1. Did the Value Food store violate City Code 11 -109, Subd. 3, and Minn. Stat. 340A.503, Subd. 2, by selling alcoholic beverages to a minor? 2. If it did, what penalty is recommended? Based upon the testimony and evidence received, the undersigned makes the following FINDINGS OF FACT 1. George Gerges is, and has been at all times relevant to this hearing, the owner of the Value Food store located at 6804 Humboldt Ave. N., Brooklyn Center, MN 55430. 2. Value Food has a license for off -sale of 3.2 Malt Liquor. Under Brooklyn Center City Code 11 -102, Subd. 3, this license allows the sale of beer at retail in the original package for consumption off the premises. 3. On September 30, 2003, Brooklyn Center Officer Koncar conducted an Alcohol Compliance Check at Value Food._ The purpose of the Check was to determine whether minors would be allowed to purchase beer, or if they would be asked to provide identification. 4. Two teenagers, aged 18 and 19, working under the supervision of Officer Koncar, entered Value Food. They selected a 6 -pack of beer and brought it to the cash register to purchase it. 5. A man who appeared to be an employee went to the cash register. He did not request identification from the teenagers. He took the teenagers' money, gave them change, and allowed them to leave with the beer. This man was later identified as Omar Darhem A1- Hooraish. 6. Mr. Al- Hooraish was not an employee of Value Food. He was related to one of the employees, who had been allowing Mr. Al- Hooraish to come to the store and learn the employee's work. That employee has since been fired. 7. At the time of the incident, Mr. Al- Hooraish did not speak English. He had been in the United States approximately one month, and did not know that minors were not allowed to purchase alcoholic beverages. 8. There were two employees in the store at the time of the sale of the beer. Within moments of the sale, at least one of the two employees realized that Mr. Al- Hooraish had sold beer to the minors. The employee(s) shouted at Mr. Al- Hooraish for his error, but did not take action to stop the teenagers from leaving the store with the beer. All conversations between the employees and Mr. Al- Hooraish were in Arabic. 9. Prior to this incident, Mr. Gerges did not know Mr. Al- Hooraish, and was unaware that Mr. A1- Hooraish was coming to the store. Mr. Gerges had not given permission for a non- employee to use the cash register. 10. Under City Code 11 -109, Subd. 3, and Minn. Stat. 340A.503, Subd. 2, no beer may be sold to any person under 21 years of age. 11. Under both the City Code and state law, the owner of the business selling liquor is responsible for what happens at the business. City Code 11 -109, Subd. 10, provides that "Every licensee shall be responsible for the conduct of his place of business Minn. Stat. 340A.501 places a similar responsibility on the licensee, by providing that "Every licensee is responsible for the conduct in the licensed establishment 12. Under both the City Code and state law, the owner of the business selling liquor is responsible for the acts of those employees who are authorized to sell beer. City Code 11 -109, Subd. 10, provides that "The act of any employee on the licensed premises authorized to sell or serve beer shall be deemed the act of the licensee as well Minn. Stat. 340A.501 places a similar responsiblility on the business, by providing that "any sale of alcoholic beverage by any employee authorized to sell alcoholic beverages in the establishment is [considered to be] the act of the licensee 13. If a liquor license holder is found to have failed to comply with a law or statute relating to the sale of alcoholic beverages, City Code §11 -113 and Minn. Stat. 340A.415 give the City the authority to revoke the liquor license, suspend the license for up to 60 days, impose a civil penalty of up to $2,000 for each violation, or impose any combination of these sanctions. 14. A previous violation of the liquor laws occurred at Value Food on May 20, 2002. This incident also involved the sale of alcoholic beverages to a minor. After that violation, Mr. Gerges worked with Officer Koncar and developed specific Cashier Procedures. Paragraph 2 of -2- those procedures reads "If a customer looks 30 years or younger, you must ask for identification age." for proof of a p g 15. On January 12, 2004 (approximately 1 %2 years after the first violation, and four months after the second), Gerges, actin for Value Food entered g g into a Consent Orden with the City regarding th y g g e first violation. The Consent Order, City esolution 2004 -11 imposed a Y p civil enalt p y of $1000. Paragraph 6 of the Consent Order states that if Value Food does not follow the Cashier Procedures for a period of at least three years, the City "may-revoke or suspend the Licensee's license or impose civil penalties for the Violations The Cashier Procedures were attached to the Consent Order. 16. Following the second violation (and after the Consent Order), Mr. Gerges modified his policies and practices relating to alcohol training and sale. On June 16, 2004, he sent the revised written practices to Officer Koncar. The new written practices are quite similar to those attached to the Consent Order. In addition to the written practices, Mr. Gerges trains his employees to card everyone who wants to purchase alcoholic beverages. Mr. Gerges also has initiated his own "sting" operations to check his employees and make sure they are not selling to minors. At the time of the hearing, he had done this at least ten times at Value Food, and the employees acted correctly each time. To avoid the specific situation which led to this latest sale, Mr. Gerges has instituted policies that non employees are not allowed behind the cash register, and that no one is allowed to hang out at the store. 17. Mr. Gerges has little documentation of training or of the changes he has made in his policies and practices.. He has new employees sign something showing they were trained, but he keeps minimal additional documentation of training. Based upon the foregoing Findings of Fact, the undersigned makes the following CONCLUSIONS OF LAW 1. That Omar Darhem Al- Hooraish violated City Code 11 -109, Subd. 3, and Minn. Stat. 340A.503, Subd. 2, when he sold beer to minors. 2. That Value Food is responsible for this sale of beer under City Code 11 -109, Subd. 10, and Minn. Stat. 340A.501. 3. That Value Food is not responsible for this sale of beer under City Code 11 -109, Subd. 10, and Minn. Stat. 340A.501, because Omar Darhem Al- Hooraish was not an employee. -3- RECOMMENDATION The hearing examiner recommends that the City impose a civil penalty of $2,000 and a suspension of 30 days, stayed fora period of two ears from the date of the City Council Y tY decision, and conditioned on Value Food not selling alcoholic beverages to a minor during that two year period. The attached Memorandum of Law is incorporated herein by reference. Dated: December 29, 2004. Karen E. Marty g Hearing Examiner -4- MEMORANDUM OF LAW This case involves the sale of beer to minors at a store owned by George Gerges.' This is the second violation at this store. The circumstances surrounding the sale have made this decision unusually difficult. The difficulty arises out of two elements: One, the sale of alcoholic beverages to a minor occurred and was a second incident, but it was made by someone who was not an employee, and in fact was completely unknown to Mr. Gerges. Two, what the law requires has been confused with cultural expectations. Sorting through these was necessary in order to reach a proper decision in this matter. Neither party disputes the violation of the law, or any siginificant fact. Both the City Attorney and Mr. Gerges agreed that Omar Darhem Al- Hooraish was at Value Food and sold beer to minors on September 30, 2003. Both parties also agreed that there was a previous occasion in which alcoholic beverages were sold to a minor at Value Food. The dispute is in the proposed penalty. Citv Attornev's position. The City Attorney recommended a 30 -day suspension and a civil penalty of $2000. The basis for this recommendation was that Value Food had not shown that it was doing enough to prevent any future violations. Quite simply, the policies adopted after the first violation failed to stop a second violation from occurring.2 The revised policies adopted after the second violation were minimally changed from the earlier policies, and there was no reason to believe they would work any better than the ineffective earlier policies. 'This is an administrative hearing, so evidence which normally would be considered hearsay is admissible. The hearing examiner "may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonable prudent persons in the conduct of their affairs." Minn. Stat. 14.60, subd. 1 (2004). This hearing examiner has reviewed all the documents and evaluated the demeanor of each witness, and has found no reason to question the credibility of any of the evidence. 2 The second violation occurred prior to the Consent Order between Mr. Gerges and the City. The unusual sequencing of events is as follows: May 20, 2002: Value Food had its first violation. January 7, 2003: Value Food faxed its Cashier Procedures to the City. September 30, 2003: Value Food had its second violation. January 12, 2004: Value Food entered into the Consent Order with the City regarding the first violation, and which requires Value Food to comply with the January 7, 2003 Cashier Procedures. June 16, 2004: Value Food sent its new Cashier Policies to the City. -1 The City Attorney expressed grave concern that Value Food has not documented any notable change in its policies, practices, or training. Value Food has not given the City any documentation at all that it has ever trained anyone. Without documentation, these matters are questionable and difficult to evaluate. After the first violation, the City imposed a civil penalty of $1000. Due to the failure of the first policies, and the lack of written evidence showing significant change, the City Attorney argued that Value Food should receive an increased civil penalty of $2000 and a 30 -day suspension. The suspension was recommended specifically because Value Food and not taken enough steps to address the problem, and did not show that it was attentive to the problem. Value Food's position. George Gerges, owner of Value Food, noted that Value Food had no problems before 2002. Value Food also had no written materials regarding the sale of alcoholic beverages prior to that time. Since then he has added written materials, and requires his employees to sign those materials. (A signed copy of these materials was not presented at the hearing.) After the second violation he added policies prohibiting non employees from being behind the cash register, and providing that no one may hang out at the store. He and his brother also have personally trained and retrained Value Food employees about proper procedures to follow in the sale of alcoholic beverages. This training occurs orally, and refresher courses are given to the employees at least once every six months. (No written evidence documenting training was presented at the hearing.) Mr. Gerges also does his own stings. He has done ten in Brooklyn Center and Value Food has been clean each time. He reviews the video tapes of the cash register, and has not seen anyone violate the policy He also has posted a new sign requiring customers to show their I.D. in order to buy beer. Mr. Gerges noted that he is a small company, not a big corporation, and lacks the assets to provide sophisticated training or documentation. He has changed his policies after each violation and fired the employees involved, and does not know what else he can do. He stated that he is trying to do everything he can, and noted that Value Food had not had a violation in the 1 1/4 years since the second one. He did not think a 30 -day suspension was fair, noting that a suspension would not cause any change in his policies. He did not want a civil penalty, either, stating that it takes him over a year to make $2000 [presumably on beer sales]. Training. Value Food's training falls far below the standard set by other establishments which sell alcoholic beverages and have failed an Alcohol Compliance Check. Those establishments have comprehensive training programs, including such elements as sophisticated policies or procedures, video courses, and having their employees trained by a certified trainer. Mr. Gerges admitted that Value Food has none of these. Value Food also has not taken advantage of the training opportunities in Brooklyn Center or requested training from the police department. The one time the City brought in a certified trainer from the state, Value Food did not send a representative. Mr. Gerges stated that he did not want to send his employees to formal training, even if it was free, because he would have to pay the employees during training. -2- On the other hand, it is not clear that any of this is necessary. First, no amount of training will also train an unknown non employee. Second, neither the City Code nor state law require any training whatsoever. Officer Koncar described the information presented at formal training as simple, and stated that a store manager could pass it on to employees. The use of a certified trainer would be difficult to arrange: Officer Koncar (who has been checking alcohol compliance for the last 10 years) stated that the only certified trainer he has seen is "the state In addition, Value Food is a small establishment, and may not need a sophisticated training program. The establishments with comprehensive training had 30 or more employees on their site at all times (although not all were involved in the sale of alcoholic beverages). Value Food has one or two employees on site, and has a total of seven employees. A problem with training, which was not directly discussed at the hearing, relates to the Value Food employees' proficiency in English. Omar Darhem Al- Hooraish did not speak English at the time he sold the beer. Mr. Gerges and his employees communicate with Mr. Al- Hooraish, and sometimes with each other, in Arabic. Mr. Al- Hooraish now is an employee of Value Food, and can neither read nor "tell numbers He handles items at the store by matching colors and symbols. This lack of English, and the skills to read and write, make it difficult to use a certified trainer, standard video courses, or written materials. The importance thing is that employees are taught, one way or another, not to sell alcoholic beverages to minors. Mr. Gerges stated that he personally trains all employees before they even get to the cash register. His brother, who also is involved in Value Food, received formal training from the City of Crystal last year, and this training is passed on to the employees orally. Mr. Gerges' brother retrains the.employees at least once every six months. The effectiveness of the training is tested by Mr. Gerges through his own sting operations. Documentation. The City Attorney noted that Mr. Gerges has provided virtually no documentation. Mr. Gerges has given the City his original written policies and his slightly revised written policies, but has not shown anything else. The revised policies show virtually no change in practices since the first violation; and certainly do not show changes sufficient to avoid any further violations. No documentation has been presented showing the training of and by Mr. Gerges' brother, Mr. Gerges' training of his employees, any retraining of employees, or copies of the cashier policies actually signed by Value Food employees. However, as noted above, the important thing is the training, not the documentation of the training. It is worth noting that, if Mr. Gerges' employees cannot read or write English, having them sign policies written in English is meaningless. Although documentation makes proof of something easier, a person's testimony also is a valid way to prove something. Penaltv. It was clear to the hearing examiner that at least some of the problems, such as paucity of documentation, arose because Mr. Gerges' employees are not fluent in English and lack or lacked a full understanding of American culture. Expectations probably based on culture but definitely not based on the liquor laws include proving that training occurred, having -3- employees sign documents, keeping other records of training, having clear written policies against the sale of alcoholic beverages to minors, and having policies against loitering or letting a non- employees use the cash register. Although these are reasonable expectations, the penalty must be based solely on the law. This is the second violation at the Value Food store, and normally should receive a stiff penalty consistent with the seriousness of Navin a second violation. However, this violation iolation occurred as a result of unforeseeable circumstances. The sale here arose when a non employee, being trained by an employee without Mr. Gerges' knowledge or consent, who could not speak or read English, who Mr. Gerges had no opportunity to train, and who did not know the law, sold beer to minors. A foreseeable violation, such as a sale by an inadequately trained employee, should be strongly penalized, but this violation could not reasonably be foreseen. Mr. Gerges testified that he has trained his employees and taken every possible step to prevent future violations. Nothing contradicts this, yet insufficient time has passed to prove it, either. Mr. Gerges should be given a chance to prove his claims. For this reason, the hearing examiner recommends a stayed civil penalty of $2000 and a stayed suspension of 30 days, conditioned on no further violations for a period of two years. In other words, these penalties would not go into effect unless, within the next two years, another sale of alcoholic beverages to a minor occurs at Value Food. If Mr. Gerges has indeed instituted sufficient changes to prohibit such a sale, then the penalty would not imposed. If his changes prove inadequate, then these penalties would become e effective immediately. Based upon all of the testimony irrzon and evidence resented at the hearing, y p anng, it is the opinion of the hearing examiner that Value Food violated City Code 11 -109, Subd. 3, and Minn. Stat. 340A.503, Subd. 2, by selling beer to a minor on September 30, 2003. This is Value Food's second violation. Due to the unusual and unforeseeable circumstances of this violation, the hearing examiner recommends a stayed civil penalty of $2000 and a stayed suspension of 30 days, conditioned on Y no further violations fora eriod ear of two P years. Dated: December 29, 2004. Karen E. M Hearing Examiner -4- i City Council Agenda Item No. 101 MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist--- P P DATE: January 6, 2005 SUBJECT: Resolution Receiving Housing Commission Senior Housing Report At the direction of the City Council, the City's Housing Commission has completed their analysis of senior housing needs in the City of Brooklyn enter. The.results of their analysis is o C Y g Y Yn Y v contained in the report titled `Senior Housing in Brooklyn Center' and included with this memorandum. The Housing Commission authorized the report to be submitted to the City Council at their December 2004 meeting. A resolution receiving the Housing Commission's Senior Housing Report is included for City Council consideration. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECEIVING HOUSING COMMISSION'S SENIOR HOUSING REPORT WHEREAS, at the request of the Brooklyn Center City Council, over the past year the Brooklyn Center Housing Commission has been examining information and issues relative to senior housing needs in the City of Brooklyn Center; and WHEREAS, the Housing Commission has prepared and submitted to the Brooklyn Center City Council, a report on Senior Housing in Brooklyn Center; and WHEREAS, the Housing Commission's report includes demographics, housing market analysis, senior housing demand estimates and recommendations from the Housing Commission relative to the evaluation of future senior housing proposals in the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows. 1. The report submitted by the Brooklyn Center Housing Commission entitled Senior Housing in Brooklyn Center is hereby received by the Brooklyn Center City Council. 2. The City Council hereby acknowledges the excellent work and commitment to the City displayed by the Housing Commission in their dedication to addressing the housing needs of senior citizens in the City of Brooklyn Center. January 10. 2005 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. Senior Housing in Brooklyn Center A Report From the Brooklyn Center Housing Advisory Commission 1 Introduction and Executive Summarv: Senior HousinL in Brooklvn Center Under the direction of the Brooklyn Center City Council, the Housing Commission has been researching and discussing issues relative to senior housing in the City of Brooklyn Center. This report serves as a written summation of the Commission and Staff research and examination of the future of senior housing in the City. The Commission's senior housing report is comprised of three parts. 1. A summary and analysis of demographic trends at the state, county and local level along with a discussion of some of the financial and lifestyle factors affecting the housing needs and desires of elderly residents. 2. A demand analysis and estimate of senior housing in Brooklyn Center through 2009. This section of the Commission's report was prepared by Maxfield Research, Inc. and it provides an analysis of the potential demand for various types of senior housing products in Brooklyn Center, based on objective and accepted methodologies for assessing housing demand. 3. The third and final part of the report is the Housing Commission's senior housing recommendations. The Commission's recommendations are intended to serve as a guide for evaluating future senior housing projects and are based on the Commission's first hand research of existing senior housing in the area along with analysis of housing data gathered by staff. The following is a summary of the Commission's report on Senior Housing in Brooklyn Center. DEMOGRAPHIC ANALYSIS The population 65 and older in Minnesota will rise moderately until the end of the decade to an increase of approximately 14 percent. Between 2000 and 2030, the State's population over 65 is expected to double from 600,000 to 1.2 million. Most of the growth of this 65 plus age group will be primarily in suburban areas where the middle aged population is concentrated today. The elderly population will more than triple in most suburban counties between 2000 and 2030. The 85 and older population is expected to grow 25 percent from 2000 to 2010 and 91 percent between 2000 and 2030 and by 2050, the state's population over 85 will nearly triple from the year 2000 to 250,000. After 2010, most population growth in Minnesota will be in people age 65 and over with a 16 percent increase from 2000 to 2010, a 60 percent from 2010 to 2020 and a 95 percent increase from 2020 to 2030. By 2030, nearly 50 percent of all elderly households will be one person households, doubling the number of persons over 65 who live alone. Hennepin County has more seniors than any other Minnesota county and approximately 72 percent of residents age 65 and older in Hennepin County live in the suburbs. 2 around the The number of seniors m Hennepin County will increase significantly ear y 2010 when baby boomers enter the 65 and older age group. The fastest growth will be in suburban Hennepin County, particularly in second ring suburbs where seniors who live in those areas are choosing to stay as they age. During the period from 2000 to 2010 the second ring suburbs will continue to see larger increases in the number of seniors than the inner or outer ring suburbs. None of the first ring suburbs are projected to gain more than 500 elderly in the next ten years and Minneapolis may lose another 4,300 seniors. Currently nearly one in three seniors in Hennepin County lives alone; however, 60 percent of seniors age 85 and up in Hennepin County live alone. The 55 through 85 year old population in Brooklyn Center represents 23.5 percent of the total city population. This is slightly higher than Hennepin County as a whole at 17.7 percent and the Minneapolis /St. Paul metropolitan area at 17.2 percent. Both the Brooklyn Center percentage of owner occupied households and the percentage of renter households over 65 are higher than the Hennepin County and metropolitan area percentages. Brooklyn Center's 55 through 75 year old population has a slightly lower median income than the Hennepin County or metropolitan area median. MAXFIELD RESEARCH, INC. 2004 SENIOR HOUSING UPDATE Maxfield Research, Inc. is one of the metropolitan areas most respected market research firms. Each year Maxfield Research tracks the senior housing market and produces an annual report on senior housing. Maxfield's 2004 senior housing market update provides a comprehensive survey of senior housing in the Minneapolis /St. Paul metropolitan area. The 2004 Maxfield report points out that current demographic trends tend to indicate that growth and demand for senior housing will not be as consistent over the short term as most senior housing will be marketing to a smaller depression era generation. These are the people generally born before 1945 with the largest group born between 1927 and 1945. Demand for senior housing by the baby boom generation born between 1946 and 1964 will begin in earnest by the end of this decade. The Maxfield report notes that owner occupied housing for seniors has a experienced resurgence after nearly a decade of little construction. This type of product includes housing such as condominiums and cooperatives. In its 2004 report Maxfield defines and tracks various types of housing including adult projects with few or no services, congregate projects with some support services, assisted living projects with more intensive type services and affordable senior housing, which is 3 typically set to be affordable to persons with incomes of up to 60 percent of the county median income. Maxfield tracks senior housing in the Metropolitan area by quadrants. Brooklyn Center is located in the northwest quadrant and according to Maxfield, currently has the second highest number of non subsidized senior units in the metropolitan area. Maxfield also reports that from 2004 to 2006, an additional 5,600 units of non subsidized senior housing could potentially come on line in the Twin Cities metropolitan area including 1,168 units in the northwest quadrant, which represents 21 percent of the projected units from 2004 to 2006. The Maxfield Senior Housing 2004 Update reports that 84 percent of the metropolitan area's senior housing units are rental but there is a growing demand for owner occupied coop's, condo's and new products such as age restricted townhomes and detached villa communities. Maxfield projects that if all of the proposed owner occupied senior housing is built, it could represent 22 percent of the metropolitan area's non subsidized senior housing by 2006. Some of the conclusions of the 2004 Maxfield Senior Update include the following: Pent up demand exists for senior housing particularly affordable and independent senior housing. Demand for ownership product such as cooperatives and condominiums will be strong over the next two decades, particularly projects geared for active independent recent retirees. The leading edge of baby boomers will be entering their mid -70's shortly after 2020, so assisted living and memory care will continue to be needed. Most metro area quadrants will have high growth potential. High occupancy rates and rapid absorption in independent housing indicated pent up demand with the potential to develop additional product throughout the metropolitan area. Some metropolitan area quadrants could experience saturation in assisted living product over the short term but it should continue to grow as the population ages. Assisted living should remain strong in the developments where there is a continuum of care where the independent housing components feed into the more service intensive assisted living components. Maxfield projects the greatest potential over the next two decades will be for developments that cater to active aging baby boomers. New construction should satisfy much of the demand but potential exists to convert older rental or condominium properties with a majority of studio and one bedroom units. HOUSING AFFORDABILITY Housing affordability issues are a significant part of planning for future senior housing. While there is no absolute definition of affordable or subsidized housing, affordable housing typically involves some level of public subsidy to lower the rents to tenants while subsidized housing may 4 imply a deep subsidy which requires tenants to pay 30 percent of their income towards rent with a subsidy making up the difference. The Maxfield 2004 Senior Housing Update points out that seniors moving to independent senior housing offering no services will spend up to 40 percent of their income on housing and in a congregate setting, seniors will allocate anywhere from 50 percent to 80 percent depending on the level of services provided. Additionally, the Maxfield report indicates that in an assisted living and memory care situation, seniors will often spend 80 percent or more of their income on housing and services. While rents affordable to households earning 60 percent of median income or less is a typical affordability standard, it should be noted that in specific projects, the affordable definition is tied to the particular funding mechanism such as Tax Increment Financing, tax credits, housing revenue bonds, etc. MODELS AND TRENDS IN SENIOR HOUSING Based on current data, some of the trends and indicators for future senior housing include: Housing industry data shows that younger baby boomers, just beginning to look at senior housing, are attracted to housing that meets the needs of an active lifestyle including access to recreation such as golf and heath clubs. The Maxfield 2004 Senior Housing Update Report points out that owner occupied housing will experience a growing demand over the next several years especially for those seniors who can now live in age restricted housing and own their units in the case of coop's and condominiums. Developers are now including senior housing as a component in the so called "Urban Village" concept development being planned innumerous cities around the metropolitan area. One of the models the housing industry is viewing as a trend is the `continuum of care" where a variety of senior housing is built in a campus setting and seniors can choose independent living, rental or owner occupied age restricted housing alongside or with access to assisted living or skilled nursing care services. In addition to the many independent living options for seniors, there will also be choices for seniors choosing to remain in their single family home. For example, a major senior research report published in 1999 and titled, `Building Toward the Senior Boom" pointed out that `seniors desire to remain in their own homes and neighborhoods will persist and grow stronger in the future'. The Minnesota Department of Human Services also recognizes that `aging in place' has become a reality for seniors and, as physical changes occur in an aging population, numerous was must be developed to support aging in place. According to the Department of Human Services, this approach to aging may assume a service coordination model where elderly persons remaining in their homes may select from a menu from services to assist them with their particular needs. The demographics of an aging population in Minnesota and the rest of the nation are undeniable. The population will age gradually until 2010, then after 2010 the fastest population growth in Minnesota will be in people age 65 and over with a 60 percent increase from 2010 to 2020 and a 95 percent increase from 2020 to 2030. 5 By 2030, nearly 50 percent of all elderly households will be one person households. Hennepin County has more seniors than any other county in Minnesota. In Hennepin County approximately 72 percent of residents age 65 and older live in the suburbs. DEMAND ANALYSIS AND ESTIMATES FOR SENIOR HOUSING IN BROOKLYN CENTER MARKET AREA Maxfield Research, Inc. has prepared a calculation of the potential demand for various senior housing products in the Brooklyn Center market area based on the size of the local senior household base, senior household incomes, home equity potential and an inventory of existing and planned competitive senior housing in the market area. It should be noted the methodology used by Maxfield Research to assess the demand does not take into account the desirability or appropriateness of any specific sites proposed for senior housing and is a generalized analysis of senior housing demand. Maxfield points out that a more thorough investigation of any unique characteristics of the Brooklyn Center market area could be outlined in a more complete feasibility study and could reveal more specific factors that might impact demand on a specific project. The demand analysis provided by Maxfield is a "macro" look at the market area and that a more site specific or "micro' examination of a specific site may result in a senior housing demand factor for a particular site that cannot be accounted for in a larger (macro) analysis. A summary of the Maxfield research and analysis of the senior housing demand in the Brooklyn Center market area follows: Maxfield has established the Brooklyn Center market area to include the following areas; Brooklyn Center, Robbinsdale, Crystal, and census tracts from southern Brooklyn Park and northern Minneapolis. This is the primary draw area or "market" area for senior housing. Maxfield estimates that 75 percent of the demand for a senior housing project or projects could come from this market area. Maxfield has determined that a portion of the demand for any senior housing development will come from outside the market area and their estimates are that between 20 to 25 percent of the total demand for senior housing will come from outside the market area. The time period used to create the demand estimates is from 2004 to 2009. This five year period is a standard time period for developing market studies since it is difficult to go beyond a five year time line since markets, technology and other factors relating to housing demand cannot be projected accurately beyond five years. In 2000 the Brooklyn Center market area contained 25,132 persons aged 55 and older, 15,056 aged 65 and over and 7,210 persons aged 75 and older. Between 1990 and 2000 the market areas 55 to 64 and 65 to 74 population declined. However, growth among older seniors 75 and over was very strong, increasing by 1,620 persons or 29 percent. Between 2000 and 2009 the majority of the growth in the market area will be among per sons aged 55 to 65 (an increase of over 2900 people). Growth among older seniors 75 and over, the primary market for senior housing with services, is expected to grow slightly through 2009 by 574 people. Demand for independent market rate senior housing will typically come from households with incomes of $25,000 or more while demand for affordable senior housing will typically come from households of $25,000 or less. 6 The number of households headed by persons 65 and older, the primary market for age restricted housing, is expected to increase by roughly 150 households in the market area between 2004 and 2009. The target market for age restricted independent senior housing is generally senior households age 65 and older with incomes of at least $25,000. A small portion of older adults age 55 to 64 may also choose age restricted housing, but overall, they usually account for only a small portion of the demand within any given market area. As of 2004, Maxfield estimates that 5,894 senior households (65 in the market area with incomes of at least $25,000 accounting for slightly more than 60 percent of all senior households in the market area. In addition, there are an estimated 5,863 households aged 55 to 64 in the market area with incomes of at least $25,000. The median income of senior households (65 plus) is expected to increase by 12.5 percent over the next five years by $31,087 in 2004 to $34,975 in 2009. Thus, the percentage of seniors able to afford market rate senior housing will increase. In addition to their existing income sources, many senior households will be able to derive additional income from the sales of their homes allowing many senior households with incomes of less than $25,000 to afford senior housing alternatives. As of 2000, 79 percent of the market areas senior (65 plus) households own their housing. This homeownership rate is slightly higher than for the State of Minnesota, which has a home ownership rate of 77 percent. The current high home ownership rates in the market area for senior households will allow prospective residents to tap into significant equity reserves upon the sale of their homes that can be utilized for alternative housing. Maxfield inventoried 1,764 market rate independent senior rental housing units in the Brooklyn Center market area. Approximately 61 percent of the independent developments in the market area are market rate "adult" (no services) projects while the remaining developments offer congregate services (meals, housekeeping, etc.) that are either included in the rent or available on an optional basis. There are 300 owner occupied units in the market area, two of the projects, or about 75 percent of the total ownership units, are senior cooperatives. MARKET RATE INDEPENDENT SENIOR HOUSING DEMAND ESTIMATES Market rate independent senior housing is defined as market rate independent senior rental and ownership housing including housing with and without services. Maxfield estimates that there are 13,674 households (55 in the Brooklyn Center market area, as of 2004, with incomes of $25,000 or more, plus households with incomes between $20,000 and $25,000, who would qualify with the proceeds from a home sale. Maxfield projects that for 2004 there is a demand of 21 congregate independent units and an excess supply of 226 adult units in the Brooklyn Center market area. 7 Adjusting for inflation, Maxfield has estimated that households with incomes of $30,000 and more and homeowners with incomes of $20,000 to $29,999 would best qualify for market rate independent senior housing in 2009. The demand for congregate units for 2009 increases to 26 units while the excess supply of adult rental units is 221 units. It should be noted that the demand figures are not cumulative. In order words, the demand figures for 2004 affect the demand in 2009 and if the 2004 demand is met prior to 2009, the result is a lowering of demand for 2009. ASSISTED LIVING DEMAND ESTIMATES The primary market area for assisted living housing in the market area is seniors aged 75 and over with incomes of $30,000 or more. An income of $30,000 and an 80 percent allocation of that income on housing translate to an affordable monthly fee of about $2,000, approximately the starting price for basic units at assisted living projects in the metro area. Maxfield projects that there is a demand for 73 units of market rate assisted living housing in the market area in 2004. Following the same methodology and utilizing the projected incomes of older senior households in 2009, results in a total market area assisted living demand increasing to 74 units in 2009. MEMORY CARE HOUSING DEMAND ESTIMATES According to date from the National Institute of Aging, about 25 percent of all persons with memory care impairments are a market for memory care units. This figure takes into account that seniors in the early stages of dementia will still be able to live independently while those in the later stages will require intensive medical care that would only be available in skilled care facilities. Maxfield estimates that there is an excess demand for 45 memory care units in 2004 in the market area and applying the same calculations to the age /income qualified base in 2009, and accounting for memory care units in the development pipeline, results in demand for 49 memory care units in 2009. AFFORDABLE SENIOR HOUSING DEMAND ESTIMATES In general most senior households with incomes in excess of $25,000 and senior homeowners with incomes of $15,000 or more can afford market rate senior housing without financial assistance and do not need subsidized housing. Seniors with incomes less than $15,000 and seniors with incomes between $15,000 and $25,000 who currently rent their housing are candidates for subsidized affordable housing. Maxfield Research projects that there is an excess demand for 696 units in the Brooklyn Center market area in 2004. Maxfield projects that a subsidized/affordable project in Brooklyn Center would capture 45 percent of the total market area demand, meaning that there would be a demand of 350 units of subsidized/affordable senior housing in Brooklyn Center for 2004. Applying these same calculations to the age and income qualified base in 2009 results in excess demand for 362 units. It should be noted that as with all the demand calculations, the 2004 and 2009 demand numbers do not stand alone. In other words, to the extent that the excess demand is satisfied for the 2004 demand figures, this would influence and reduce the demand for 2009. g 8 PRELIMINARY DE MAND CONCLUSIONS Maxfield Research has determined that pent up demand currently exists for congregate independent living (with services), assisted living, memory care housing, and subsidized/affordable independent living. The market for active adult independent living is very competitive at this time, largely due to a number of older, general occupancy rental conversions by Lang Nelson. Maxfield's research also indicates that there could be a significant amount of competitive product in the development pipeline which, if built, would result in a large number of adult ownership product in the market area. BROOKLYN CENTER HOUSING COMMISSION SENIOR HOUSING RECOMMENDATIONS The following is a listing of the recommendations made by the Housing Advisory Commission relative to senior housing. The text of the recommendations is contained in part three of the report. Declare a set of long term senior housing goals for the city. Plan for senior housing unit numbers to support long term community stability;. Give preference to senior building projects that can support an integrated range of senior service levels from independent living or congregate care to assisted living to memory care. Increase the number of owner occupied senior condominiums or cooperative housing. Consider new senior development projects in context of larger city redevelopment plan. Consider new senior building projects that offer Brooklyn Center greater property value. Implement the full range of affordability in senior housing projects. Promote new senior building projects that enhance the city's property values and tax base. Consider on -site amenities made available to senior residents of a proposed project. Part 1: Demographics and Housing Analysis DEMOGRAPHIC CHANGE AND AGING IN MINNESOTA STATE SUMMARY According to data from the Office of State Demographer and the Minnesota Department of Human Services, the following changes in the State's older population are projected. The population 65 and older in Minnesota will rise moderately between 2003 and 2010, with an expected gain of 14 percent. Between 2000 and 2030, Minnesota's population over 65 will double from 600,000 to 1.2 million. The effect of Minnesota's aging population will be most visible in suburban areas where the middle- aged population is concentrated today. The elderly population will more than triple in most suburban counties between 2000 and 2030. The 85 and older population is projected to grow 25 percent from 2000 to 2010 and 91 percent between 2000 and 2030. Between 2000 and 2050, the State's population over 85 will nearly triple to 250,000. The proportion of the State's population over 65 will rise from 12 percent in 2000 to 24 percent in 2030, when one out of four Minnesotan's will be over 65. After 2010, most population growth in Minnesota will be in people age 65 and over with a 16 percent increase from 2000 to 2010, a 60 percent increase from 2010 to 2020 and a 95 percent increase from 2020 to 2030. By 2030, nearly 50 percent of all elderly households will be one person households, doubling the number of persons over 65 who live alone. Most geographic areas of the state will experience growth in people over 65 in the next few decades. The majority of growth in the 65 and over population will occur in the Twin Cities Metropolitan region.* The following tables show the dramatic increase in elderly growth in Minnesota over the next 30 years. Minnesota age 65+ population projected to rise sharply in coming decades Projected population 1,290,600 1,131500 951.600 795.400 M000 594.266 620.300 2000 2005 2010 2015 2020 2025 2030 Sources: 2000 census, SF1; Minnesota State Demographic Center Numbers are rounded 1 Minnesota age 85+ population projected to rise between 2000 and 2030 163,300 134,900 106,700 115,400 121,600 85,601 95,400 2000 2005 2010 2015 2020 2025 2030 Projected population Sources: 2000 census, SR; Minnesota State Demographic Center Numbers are rounded From 2000 to 2030, fastest growth in Minnesota will be forages over 60 All ages 27 13 t 5 -9 10 10-14 7 15-19 5 20-24 16 25 -29 19 30-34 11 35-39 0 I 40-44 2 45-49 50-54 20 55 -59 48 60-64 90 65 -69 135 70-74. 131 75 -79 111 8"4 100 85+ 191 1 Projected change Source: Minnesota State Demographic Center 2 TWIN CITIES AND HENNEPIN COUNTY SUMMARY The St. Paul based Wilder Foundation's Research Center noted in a 1999 study on Twin Cities area seniors titled "Building Toward the Senior Boom" that; Y Y b the year 2025 the senior population in the Twin Cities area will more than double. According to the Wilder Report, outlying suburban counties will grow fastest, but Hennepin and Ramsey Counties will also add substantial numbers. The rapid growth will begin in earnest in the year 2010. The report goes onto state that around the year 2010, the baby boom generation enters retirement ages and will swell the 65 to 74 year old population segment and by the year 2020, baby boomers will enter the 75 to 84 year old age group, the age at which many seniors move into senior housing. Finally, baby boomers will turn 85 in 2030 and from then until 2050 there will be an "unprecedented number of very old seniors in the Twin Cities area The following demographic information was obtained from various reports prepared by Hennepin County relative to the senior population in the County. Hennepin County has more seniors than any other Minnesota County. According to the 2000 Census, Hennepin County has 122,358 residents who are 65 years old or older, representing over 11 percent of the County's total population. In Hennepin County, approximately 72 percent of residents age 65 and older live in the suburbs. The highest concentrations of people over the age of 65 are in suburban communities. In parts of Minnetonka, Edina, Brooklyn Center, St. Anthony, Bloomington, Richfield, Golden Valley, Wayzata, New Hope and Robbinsdale, the 65 and older population is 30 to 49 percent of the total population. Even though Hennepin County has the largest senior population, as Hennepin baby boomers aged, 39,401 fewer of them lived in the County in 2000 than in 1990. The number of seniors in Hennepin County will increase significantly around 2010 when baby boomers enter the 65 and older age group. Fastest growth will be in suburban Hennepin County, particularly in the second ring suburbs where services and amenities are currently accessible only by automobile. Seniors who live in those areas are choosing to stay as they age. Growth in the 65 year and over age group will accelerate over time, particularly between 2010 and 2025 when baby boomers will join the group creating an estimated 51.5 percent increase over 15 years (compared with a 12.5 percent increase from 1995 to 2010). It is estimated that 11.5 percent of the population of Hennepin County is 65 and over (10.8 percent in Minneapolis; 11.9 percent in the suburbs). The greatest rate of growth for the senior population has been in the second ring suburbs, attributable to aging in place. During the period from 2000 to 2010, the second ring suburbs will continue to see larger increases in the numbers of seniors than the inner or outer ring suburbs. Bloomington and Plymouth are projected to gain over 2,000, and Minnetonka, Brooklyn Park, Eden Prairie and Maple Grove are projected to increase between 1,100 and 1,500. None of the first ring suburbs are projected to gain more than 500 elderly in the next ten years. Minneapolis may lose another 4,300 seniors. Nearly one in three seniors in Hennepin County lives alone; however, 60 percent of seniors age 85 and up in Hennepin County live alone. SUMMARY OF 2004 MAXFIELD RESEARCH INC SENIOR HOUSING UPDATE Maxfield Research Inc. is one of the Metropolitan area's most respected market research firms. Maxfield Research has tracked the senior housing market for over 20 years and for many years has produced an annual report,on senior housing. Maxfield's 2004 Senior Housing Market Update provides a comprehensive survey of• market rate and affordable senior housing projects in the Minneapolis /St.Paul Metropolitan area. It should be noted the Maxfield Report is limited to "market rate" and "affordable" senior housing and does not include 3 subsidized projects with "deep subsidies The Report also includes only established projects open for 12 months or with stabilized occupancy. The purpose of this section is to summarize the sections of the Maxfield update which are pertinent to the Northwest section of the Metropolitan area and the City of Brooklyn Wenter. The following is a summary of and excerpts from the Maxfield 2004 Senior Housing Update. OVERVIEW OF METROPOLITAN AREA SENIOR HOUSING MARKET Maxfield's assessment of the senior housing market notes that the number of non subsidized senior housing units in the Metropolitan ar ea now exceeds 25 000. The report es o t p go n o specify that barring any major market downturns ro'ects currently in the "development pipeline" could result in 31 000 total p J Y p p p units by the end of 2006. The Maxfield report points out that current demographic trends would tend to indicate that growth and demand for senior housing will not be as consistent over the short term as most senior housing will be marketing to a smaller depression era generation. These are the people generally born before 1945 with the largest group born between 1927 and 1945. Demand for senior housing by the baby boom generation born between 1946 and 1964 will begin in earnest by the end of this decade. The Maxfield Report observes that housing development during the 1980's concentrated on "congregate" rental housing and today's senior housing market has evolved into a complete "continuum of products" designed to accommodate the life style needs of extremely diverse market segments, from those maintaining a single family home to very frail seniors in need of housing with support services. Maxfield notes the owner occupied housing market for seniors has experienced resurgence after nearly a decade o very little construction. Maxfield points out that between 1996 and 2003, 2348 units of owner occupied nior housing were built accounting for an average of 290 units per year or Just over 20 percent of the senior. *Co using p units built in the Metropolitan area. Maxfield predicts that between 2004 and 2006 owner occupied senior housing will account for about 35 percent of the senior units built in the metro area, beginning to serve a relatively untapped market. TYPES OF SENIOR HOUSING The senior housing market is a diverse one and will continue to be so well into the future. Maxfield Research has developed the following senior housing classifications in their analysis of senior housing: ADULT PROJECTS. These projects offer virtually no support services or health care but restrict tenancy to those 55 or 62 and over. These projects are usually apartment style rentals but also include age restricted condominiums, cooperatives, townhome developments and even detached housing units. CONGREGATE PROJECTS. These projects offer support services such as transportation, meals and housekeeping. These developments tend to attract an an older d frailer resident than do adult projects. p p J ts. Congregate units are also much more likely to be occupied by a single person (typically 75 percent to 85 percent of the units) than adults projects which can have as many as one half or more of their units occupied by couples. ASSISTED LIVING PROJECTS. This product is the most service intensive type. Assisted living and memory care offer the highest level of services short of a nursing home. Assisted living housing typically includes at least two daily meals as well 11 as all of the support e Y y pp services found in congregate projects. Assisted living projects also provide 24 hour staffing and emergency response along with the availability of personal care assistance (bathing, dressing, -grooming, etc.) Maxfield also points out that in addition to assisted living projects, memory care housing is a specialized assisted living product 4 specifically designed and programmed for persons afflicted with Alzheimer's disease or other dementias. This type of housing provides specialized care including safety systems through secure access doors as well as higher staff to resident ratios. AFFORDABLE SENIOR HOUSING. In addition to the types of senior housing products, Maxfield Research also addresses the issue of affordable senior housing. Maxfield differentiates between, affordable and subsidized senior housing by pointing out that affordable senior housing targets modest income households rather than very low income households targeted by subsidized senior housing. Maxfield points out that typically the affordable projects have ceilings on the income of residents and rents, which are typically set to be affordable to persons with incomes of up to 60 percent of the county median income. Affordable projects are contrasted with deeply subsidized projects where rents are typically based on a sliding scale (generally 30 percent of adjusted household income) and are geared towards very low income seniors. Affordable housing usually does receive some type of subsidy to keep rents affordable but the subsidies are not the deep subsidies associated with low income housing. Maxfield also points out that affordable senior housing projects can be stand alone projects but increasingly consist of units within a mixed income building where market rate units are also present. SUMMARY OF SENIOR HOUSING UNITS The following figure from the Maxfield 2004 Update provides a summary of the various types of housing products in the metro area as of the fourth quarter of 2003. Figure 5 NON- SUBSIDIZED SENIOR HOUSING IN THE 7- COUNTY TWIN CITIES METRO AREA 4th Quarter 2003 Affordable I Adult I Congregate Assisted living Memory Care Total Projects 58 113 92 86 49 398 Units 2,922 7,025 9,195 4,721 1,090 24,953 Avg, Size 50 62 100 55 22 63 5 According to Maxfield's data, the various product types expressed as a percentage of total senior units in the etro area are shown by the following: Congregate Projects 37 percent Adult Projects 28 percent\ Assisted Living Projects 19 percent Memory Care Projects 4 percent Affordable Senior Units 12 percent SUMMARY OF SENIOR HOUSING UNITS BY OUADRANT The Maxfield Senior Housing Update for 2004 divides the Metropolitan area into several quadrants for purposes of tracking senior housing production. The map on the following page shows the breakdown of Twin Cities quadrants as defined by Maxfield Research. The City of Brooklyn Center is in the Northwest Quadrant. A breakdown of the total count of housing units by quadrant from the Maxfield report follows. SUMMARY OF TOTAL NON SUBSIDIZED SENIOR UNITS BY OUADRANT EXPRESSED AS A PERCENTAGE OF TOTAL METRO AREA UNITS Southwest 7,731 30.9 percent Northwest 5,923 23.7 percent Northeast 5,108 20.5 percent Southeast 2,641 10.6 percent Minneapolis 1,884 7.6 percent St. Paul —1,666 6.7 percent SUMMARY OF UNIT BY TYPE YPE AND OUADRANT The Northwest Quadrant has the most adult project units of all the quadrants with 1,948, which translates to 33 percent of the total Northwest Quadrant senior housing and 28 percent of the total metro area adult units. Congregate housing has high concentrations in Minneapolis where is comprises nearly 70 percent of the City's senior units and the Southwest Quadrant where it represents almost 50 percent of the Southwest Quadrant's total senior units. Overall, 40 percent of the congregate units are in the Southwest Quadrant. Assisted living units represent 11 percent of Minneapolis senior units and 27 percent of St. Paul's senior units. The Southwest Quadrant accounts for 33 percent of the metro area's assisted living units. Memory care is concentrated in the Southwest Quadrant, which accounts for 41 percent of the Metropolitan area's memory care units. Affordable housing accounts for 12 percent of the units surveyed in Maxfield's 2004 Senior Housing Update. Of the 12 percent total metro wide affordable units, 27 percent of these are located in the Southeast Quadrant and 21 erc p ent in the northeast quadrant. Affordable units count for only 2 percent to 10 percent in the remaining quadrants. The relatively high percentage of affordable units in the Southeast Quadrant is due in large part to the efforts of the Dakota County Community Development Agency, which utilizes a special county tax levy to assist with senior housing projects. For many years, the Dakota County Housing Authority has been the most active county housing authority in the production of senior housing units in the Metropolitan area. 6 Twin Cities Quadrants e r Nips SE' rcr d MARKET CONDITIONS AND VACANCY RATES W,ccording to the Maxfield 2004 report, between 2000 and 2003, the overall senior housing vacancy rate in the Twin Cities Metropolitan area increased from 2.5 percent to 4.1 percent. Maxfield points out the market for affordable as well as independent senior products (adult and congregate) still remains strong metro wide, with vacancy rates below the industry equilibrium standard of 5 percent. As of the fourth quarter 2003, Maxfield points out that only 2 percent of the affordable units were vacant, 3.2 percent of the market rate adult product was reported vacant as were 4 percent of the metro area's congregate units. Maxfield reports that a typical vacancy rate of 5 percent is considered equilibrium for independent senior housing. Vacancy rates well below this figure indicate that the demand for independent housing product continues to surpass the supply in the Metropolitan area. The following figure from the Maxfield report shows the senior housing vacancy rates by quadrant and product type in the Metropolitan area. Figure 10 SENIOR VACANCY RATES BY QUDRANT PRODUCT TYPE TCMA 2003 AdultAffordable Adult Nlarke(Rate Con g regate Proj Units Vac. Proj Units Vac. Proj Units Vac. Mph. 1 22 0 0.0% 4 378 21 5.6 11 1,285 54 4.2% NE 21 1,004 17 1.7 /a 33 1,678 39 2.3% 15 1,201 38 3.2 NW 10 597 22 3.7°/ 24 1,871 68 3.6% 19 1,793 59 3.3% i SE 13 649 6 0.9% 15 550 22 4.0% 7 697 55 7.9% St.P 2 41 0 0.0% 7 557 13 2.3% 6 397 25 6.3% SW 7 339 8 2.4% 23 1,607 47 2.9% 29 3,421 125 3.7% Total 1 54 2,652 53 2.0 %1 1 106 6,641 210 3.2 -A '.1 87 8,794 356 4.0% Avg Size I 49 I "I 63 I 101 Assisted Living iNlemory Care Total Proj Units Vac. Proj Units Vac. Proj Units Vac. R. Mpls. 5 199 11 5.5% 0 0 0 0.0% 21 1,884 86 4.6% NE 13 938 63 6.7% 9 208 5 2.4% 91 5,029 162 3.2% NW 24 1,089 69 6.3% 9 243 20 8.2% 86 5,593 238 4.3% SE 8 345 25 7.2% 6 138 19 13.8% 49 2,379 127 5.3% St.P 5 396 51 12.9% 0 0 0 0.0% 20 1,391 89 6.4% SW 23 1,369 55 4.0% 19 377 24 6.4% 101 7,113 259 3.6% Total 1 78 4,336 274 6-3%1 1 43 966 68 7.0%1 368 23,389 961 4.1% Avg Size 56 I I 22 64 t 8 INCREASING PRODUCT DIVERSIFICATION Perhaps one of the more important sections of the Maxfield 2004 Senior Housing Update is the discussion of senior housing products and the diversity of products available. Maxfield points out that senior housing construction in the 1980's focused on congregate housing products, which led to an over supply of congregate products at the end of the decade. By contrast, Maxfield points out the success of today's senior housing market is marked by diversity of housing products. Maxfield has included the following senior housing projections for the next two years. From 2004 to 2006 an additional 5,600 units of non subsidized senior housing could potentially come on line in the Twin Cities Metropolitan area including: Northeast Quadrant 1,531 units 27 percent Northwest Quadrant 1,168 units 21 percent Southeast Quadrant 1,167 units 21 percent Southwest Quadrant 974 units —17 percent St. Paul 548 units 10 percent Minneapolis 193 units 4 percent The Maxfield report also notes the following dominant housing products types by quadrant, projected for 2004 to 2006: Northwest and Southwest Quadrants Owner Occupied Southeast Quadrant Congregate Northeast Quadrant Adult and Congregate OWNER OCCUPIED HOUSING The Maxfield Senior Housing 2004 Update reports that 84 percent of the Metropolitan areas senior housing units are rental but there is a growing demand for owner occupied co -op's, condo's and new products such as age restricted townhomes and detached villa communities. In 2003, there were 4,600 age restricted owner occupied housing units in the Metropolitan area representing approximately 7 percent of the Metropolitan areas non- subsidized housing. Maxfield projects that, if all of the proposed owner occupied senior housing is built, it could represent 22 percent of the Metropolitan areas non subsidized senior housing by 2006. DEMOGRAPHIC/DEMAND FACTORS The Maxfield report provides a section on demographics in the Metropolitan area as summarized below: In 2000 there were 255,000 people 65 and over and 124,630 people 75 and over in the Metropolitan area. From 1990 to 2000, the increase in younger seniors 65 to 74 grew only by 5,000 (4 percent increase) largely due to the lower birth rates of the depression area generation, those born in the 1920's through 1930's. Asa result, Maxfield points out that over the course of the decade 2000 to 2010, the aging of the depression era generation will have a moderating effect on growth among older seniors. Between 2000 and 2010, Maxfield projects an increase of 52,000 seniors in the Metropolitan area, a 20 percent increase, 2/3 of which will be among younger seniors 65 to 74. a As Maxfield notes, the baby boom generation is a different story and between 2010 and 2020, the Metropolitan area senior population'is projected to gain 144,000 additional seniors (107,500 65 to 74 and 37,000 75 and over). After 2020, demand for senior housing with services will increase dramatically when baby boomers start moving into their mid to late 70's. 9 From 2020 to 2030, the Metropolitan area senior population is projected to grow by 179,000 persons resulting in 630,290 persons over 65 and 285,200 persons 75 and older by 2030. The following table from the Maxfield 2004 Update shows senior household tenure in the Metro area between 1990 and 2000. FIGURE 17 SENIOR HOUSEHOLD TENURE METRO AREA 1990 2000 Own Rent Own Rent Total No. Pct. No. Pct. Total No. Pct. No. Pct. Metro Total V. 82,521 68,030 82.41 14;491 17:6 80,909 53,673 Minneapolis 10,103 7,011 69.4 3,092 30.6 12,719 8,806 69.2 3,913 30.8 St. Paul 8,603 5,983 69.5 2,620 30.5 10,707 6,765 63.2 3,942 36.8 Rem. of Metro 63,815 55,036 86.2 8,779 13.8 57,483 38,102 66.3 19,381 33.7 199 Metro Total 75,165 16'868, 22.4.60,784 36;54]„ ,;60a '24,237,, 58,297 77.6 Minneapolis 15,493 10,918 70.5 4,575 29.5 16,378 10,042 61.3 6,336 38.7 St. Paul 12,307 8,607 69.9 3,700 30.1 12,673 7,341 57.9 5,332, 42.1 Rem. of Metro 47,365 38,772 81.9 8,593 18.1 31,733 19,164 60.4 12,569 39.6 t 2 .Metro Total 7,35610 ;9,733 `!16.7 4,377 14.1'. ,:,;20,125 ,17;126 46;9 2,999M«� "12:4 Minneapolis -5,390 -3,907 -35.8 -1,483 -32.4 -3,659 -1,236 -12.3 -2,423 -38.2 St. Paul -3,704 -2,624 -30.5 -1,080 -29.2 -1,966 -576 -7.8 -1,390 -26.1 Rem. of Metro 16,450 16,264 41.9 186 2.2 25,750 18,938 98.8 6,812 54.2 Sources: U. S. Census Bureau, Maxfield Research Inc. 10 The Maxfield report projects an increasing homeownership trend to 2020. This is due to younger seniors preferences for ownership housing and expansion of homemaking and home health care services for the frail elderly. Maxfield also projects that, with appreciating home values and increased wealth of future seniors, this should mean a strong demand for market rate congregate and assisted living. Maxfield Research draws the following conclusions for the future of senior housing in the Twin Cities Metropolitan area: Pent up demand exists for senior housing particularly affordable and independent senior housing. Demand for ownership products such as cooperatives and condominiums will be strong over the next two decades, particularly projects geared for active independent recent retirees. Demand for more service intensive housing may not have the same potential as owner occupied products but increasing life expectancies and increasing senior incomes will likely allow this type of senior housing product to capture more of the senior market. The leading edge of baby boomers will be entering their mid 70's shortly after 2020 so assisted living and memory care will continue to be needed. Most metro area quadrants will have high growth potential. High occupancy rates and rapid absorption in independent housing indicates pent up demand with the potential to develop additional product throughout the Metropolitan area. Some Metropolitan area quadrants could experience saturation in assisted living product over the short term but it should continue to grow as the population ages. Assisted living should remain strong in developments where there is a continuum of care where the independent housing components feed into the more service intensive assisted living components. Maxfield projects the greatest potential over the next two decades will be for developments that cater to active aging baby boomers. New construction should satisfy much of the demand but potential exists to convert older rental or condominium properties with a majority of studio and one bedroom units. Citv of Brooklvn Center Demographics The following summaries compare selected portions of Brooklyn Center's 2000 demographic data to Hennepin County and the Twin Cities Metropolitan area. The source for the data contained in the tables is from the 2000 and 1990 U. S. Census as compiled by the Metropolitan Council. Table 1 Percentage Change in Population and Households from 1990 to 2000 Demographic Information Brooklyn Center Hennepin County Metropolitan Area Total Population 1.0% 8.1% 15.4% Number of Households 1.8% 8.8% 16.7% 11 Table 2 Brooklyn Center Population By Age and Comparison of Percentage Change 1990 -2000 to Hennepin County and Metropolitan Area 1990 I 2000 I Percent Change 1990 to 2000 Age Number of Total Number of Total Brooklyn Hennepin Metro Area Center County 55 -64 3,488 I 12.1 I 2,374 I 8.1 I -31.9 8.6 I 10.5 65 -74 2,299 8.0 I 2,428 I 8.3 I 5.6 I -5.7 1.4 75 -84 962 3.3 I 1,569 I 5.4 I 63.1 I 8.9 I 5.2 85+ 285 4.0 5.0 I 1.7 I 78.9 I 3.2 I 1.9 As an additional comparison, the following data shows the percent of total population represented by elderly age groupings for Hennepin County and the Metropolitan area: Hennepin County I Metro Area Age I 1990 of Total I 2000 of Total I 1990 of Total f 2000 of Total I55 -64 7.7 I7.7 I 7.2 7.6 65 -74 6.2 15.4 I 5.5 4.9 75 -84 I 3.6 14.0 I 3.1 I 3.4 85+ I 1.5 I .6 I 1.2 I 1.3 Table 3 Elderly Renter Household 65+ by Type of Householder 2000 Family 1- Person Other Non Family of Total Household Household Household Households Brooklyn Center I 111 552 I 8 I 5.9 Hennepin County I 4,344 16,639 I 508 I 4.7 Metro Area I 9,002 I 33,820 I 784 I 4.3 Table 4 Elderly Owner Household 65+ by Type of Householder 2000 Family 1- Person Other Non- of Total Household Household Family Households Household Brooklyn Center I 1,449 I 762 33 I 19.6 Hennepin County I 34,172 I 22,516 I 1,170 I 12.7 Metro Area I 74,888 I 44,445 I 2,291 I 11.9 Table 5 Comparison of Population by Age 2000 55 -64 I of Total I 65 -74 I %o of Total I 75+ I of Total Rrooklyn Center I 2,374 I 8.1 I 2,428 I 8.3 I 2,079 I 7.1 Hennepin County I 85,773 I 7.7 I 59,737 5.4 I 62,621 I 5.6 Metro Area 1 200,980 7.6 130,615 I 4.9 I 124,630 4.7 12 Table 6 Median Household Income by Age 2000 i 55 -64 65 -74 75+ Brooklyn Center $54,875 $36. -012 $23,418 Hennepin County $61,091 $39,898 $26,223 Metro Area $61,242 $38,357 $24,824 Summarizing the 2000 census data shows that in general, the Brooklyn Center older populations tend to: Represent a slightly higher percentage of the total city population than the Hennepin County or Metro average. Represent a higher percentage of both the total renter and owner households than the Hennepin County or Metro average. Tend to have a slightly lower median income than the Hennepin County or Metro area median Complete copies of the Metropolitan Council's Community Housing Profiles for Brooklyn Center, Hennepin County and the Twin Cities Metropolitan area are included as attachments to this document. HOUSING AFFORDABILITY As noted previously in this report, there is a difference between affordable and subsidized housing. Subsidized housing implies a specific program to house low income persons, such as the Section 8 program which requires tenants to pay a portion of their income (usually 30 percent) towards rent while the Section 8 subsidy pays the remainder. Affordable housing, unlike subsidized housing, does not provide a direct subsidy to tenants. Affordable housing typically involves some level of public subsidy to lower the rents to tenants but not a direct subsidy to the tenants. For example, Maxfield Research Inc. defines affordable senior housing as projects "targeting modest income households In this definition, senior projects have a "ceiling" on both the income of tenants and the rents. Typically, affordable rents are those that are affordable to persons with incomes of up to 60 percent of the County median income. Subsidized projects, on the other hand, generally provide much greater subsidies, typically requiring tenants to pay 30 percent of their income and are geared toward very low income seniors. Information from Maxfield Research also notes that seniors are often able to pay a higher proportion of their incomes for alternative senior housing than young and middle aged households. Since typically, seniors do not have many of the expenses of younger families such as saving for children's education, saving for retirement, etc. they are willing to pay a higher proportion of their income to live in rental housing and particularly if the housing provides support services. The industry standard for most households is to allocate 30 percent of their income for housing. Maxfield points out that seniors moving to independent senior housing offering no services will spend 40 percent of their income on housing and in a congregate setting, seniors will allocate anywhere from 50 percent to 80 percent depending upon the level of services provided. Finally, Maxfield reports that in an assisted living and memory care situation, seniors will often spend 80 percent of more of their income on housing and services. 13 Using 2000 census data, the following is a summary of senior income and rent affordability; For the 2000 census, the median income for older Brooklyn Center residents were: 0 55 to 64 $54,875 0 65 to 74 $36,012 0 75 and over $23,418 (Based on 1999 income data) The Minneapolis /St. Paul Metro area median income used for calculating housing affordability for 1999 was $63,600 and for 2000 was $68,600based on a family of four. The resulting calculations for households at 60 percent of median based on household size were: 1999 2000 One Person $26,700 $27,600 Two Person $30,540 $31,650 (It is assumed here that the majority of senior households will be one and two person households.) The 2000 census (1999 income data) median income for Brooklyn Center residents in the 55 to 64 and 65 to 74 are above the 60 percent of median income figures. Although census data does not coincide directly with the 60 percent Metro area incomes in the 2000 census, 459 seniors in Brooklyn Center 65 to 74 earned less than $25,000 and 743 of the 75 and over senior earned less than $25,000. Expressed as a percentage, this means that at least 42 percent of the 65 and over seniors in Brooklyn Center were below 60 percent median income for the Metropolitan area. The actual figure would likely be higher because of the way income is reported in census breakdowns. By contrast, for the same 2000 census year, comparable figures for Hennepin County indicate at least 39 percent of the 65 and over senior households earn under $25,000 and 40 percent of the 65 and over Metro areas senior households earn less than $25,000. Based on 2000 census data, we know that at least 1,202 senior households 65 and older in Brooklyn Center earned $24,999 or less annually. Many earned less than this but census figures do not provide further detail. At a rate of 30 percent of the $24,999 used for housing costs, this would translate to a rent of $625 monthly. At 40 percent, the monthly rent allocation would be $833. The median monthly rent for Brooklyn Center for the 2000 census was $636. AFFORDABLE RENTS 2004 Both the Minnesota Housing Finance Agency (MHFA) and the Department of Housing and Urban Development (HUD) use the same income standards for measuring housing affordability. For 2004, the MHFA and HUD median household income is $76,400, which is based on a family of four. The MHFA and HUD income data is broken down by household size and percentages of the county median income. Assuming most senior households 65 and over are one or two person households, the following income and rent data is from MHFA, and establishes maximum rents for its housing programs based on 30 percent of gross income dedicated to housing costs. The table also shows rents where 40 percent of gross income is dedicated to housing costs. 14 2004 MHFA Income Limits and Maximum Gross Rents (Including Utilities) by Household Size Household Size Income Maximum Monthly Gross Rent Maximum Monthly Gross Rent (30 by Household Size (40 by Household SIze 1 $26,850 $671 $895 (50% of Median) 1 $32,220 $805 $1,074 (60% of Median) 2 $30,700 $767 $1,023 (50% of Median) 2 $36,840 $921 $1,228 (60% of Median) The above table serves as a guideline for determining what rents are considered affordable at various income levels. It must be noted that affordable rents are often defined by specific funding programs and mechanisms employed to finance and create affordable units. Federal, State and County loan programs may have different definitions and requirements for rent affordability. For example, rental housing projects receiving TIF assistance must meet one of the following conditions: At least 20% of the units are occupied b individuals whose income is 50% of the area median p Y income (Section 142(d) of the IRC) or At least 40% of the units are occupied by individuals whose income is 60% of the area median income (Section 142(d) of the IRC) or At least 50% of the units are occupied by individuals whose income is 80 of the area median income (M.S. Section 469.1761, Subd. 3) BROOKLYN CENTER SENIOR HOUSING PROJECTS The table on the following pages describes the existing senior housing projects in Brooklyn Center. The information in the table was onbtaibed from the 2003 -2004 Senior Housing Directory prepared by Senior Housing, Inc. and through interviews with representatives of the senior housing developments. Information in the table shows that there are approximately 331 market rate adult independent units, another 205 market rate adult units with access to congregate /assisted living services, and 97 exclusively assisted living units, 37 of which are memory care units. There are also 122 income restricted rental units that are not age restricted but do have a significant number of senior residents. 15 EXISTING BROOKLYN CENTER SENIOR HOUSING Name Address of Type of Housing Number Rents Services and Amenities Building of Units Crossings at Brookwood Market Rate 138 $803 -$885 1 Bedroom Underground Parking* 6201 and 6125 N Lilac Drive 55+ Age Restrictions $888 -$970 1 Bedroom Den Transportation* $898 $1,045 2 Bedroom Community Room Craft and/or Exercise Room *Included in rent Twin Lake North Market Rate 276 Total 193 $799 1 Bedroom Garages 4500 -4590 58 Avenue North Units Approximately 70% $820 -$850 2 Bedroom Private Balconies/Patios 55+ and 30 adults Indoor Pool Billiards Room View Pointe at Shingle Creek Income Restrictions 40 $550 -$605 1 Bedroom Clubhouse 6221 Shingle Creek Parkway Not Exclusively Senior 122 $700 -$770 2 Bedroom Laundry Facility Total Units (Approximately Wheelchair Access 33% seniors) Earle Brown Terrace Market Rate With Assisted 140 $1,09041,140 1 Bedroom Garage* 6100 Summit Drive Living Services Available $1,14041,240 1 Bedroom Den Transportation* 55+ Age Restriction $1,260 $1,390 2 Bedroom Community Room Response System* Craft and/or Exercise Room Meals Program* Additional Services With Assisted Living Assisted Living $1,20041,250 1 Bedroom Housekeeping* $1,370- $1,500 2 Bedroom Laundry /Linen Personal Care/Nurse *Included in Rent 16 Maranatha Place Market Rate 65 $870 Studio /Efficiency Garage Available for $35 /mth 5419 69 Avenue North 55+ Age Restrictions $1,035- $1,065 1 Bedroom Community Room* $1,065- $1,290 1 Bedroom Den Craft and/or Exercise Room $1,315- $1,330 2 Bedroom Response System* Meals Program Available Housekeeping* Personal Care/Nurse Available Transportation* Prairie Lodge Market Rate 60 $1,90042,200 Studio Efficiency Community Craft Room* 6001, 6010 Earle Brown Drive Assisted Living Response System* 52+ Age Restrictions Meals Program* Laundry /Linen* Housekeeping* Transportation* Personal Care/Nurse *Included in Rent I Memory Care 37 $2,200 $2,900 Studio Memory Care has all of the Suite/Efficiency above services plus secured building and secured unit. i i I 17 MODELS FOR SENIOR HOUSING Perhaps the single most important message for planning future senior housing is that the success of senior housing efforts will be totally dependent on the demand of a variety of segments in the older population, and that "one size fits all" does not apply to senior housing development. Estimates from the housing industry speculate that the roughly 77 million baby boomers born between 1946 and 1964 will double the demand for senior housing over the next 20 years. Housing industry data shows that the younger baby boomers, just beginning to look at senior housing, are attracted to housing that meets the needs of an active lifestyle. The demands of this young senior group includes access to golf, health clubs, health care, recreation, etc. As the Maxfield 2004 report points out, owner occupied housing will experience a growing demand over the next several years. Housing industry data supports this shift from rental to owner occupied senior housing since seniors can now live in age restricted housing and owns their units as in the case of cooperatives and condominiums. Developers are also including senior housing as a component in the so called "Urban Village" developments currently being planned in cities like Apple Valley and Maplewood. This concept includes senior housing, retail shopping, restaurants and offices with planned open space and walking trails and other amenities. One of the models the housing industry is viewing as a trend is the "continuum of care" where a variety of senior housing is built in a campus setting where seniors can choose independent living rental or owner occupied age restricted housing alongside or with access to assisted living or skilled nursing care services. In addition to the many independent living options for seniors, there will also be choices for seniors choosing to remain in their single family home. In a 1999 report titled `Building Toward the Senior Boom produced by the East Metro SAIL (Seniors Agenda for Independent Living), one of the underlying assumptions of the report is that "seniors desire to remain in their own homes and neighborhoods will persist and grow stronger in the future The Minnesota Department of Human Services also recognizes aging in place as a reality for many Minnesota seniors. Information from the Minnesota Department of Human Services points out that: Aging in place has become a reality and as physical changes occur in an aging population, numerous ways must be developed to support aging in place. Many seniors want to remain independent and live in their own homes. This approach to senior housing may be supported by such things as home care programs, innovations in accessibility and assistive devices. Additionally, this approach to aging may assume a service coordination model where elderly persons remaining in their homes may select from a menu of services to assist them with their particular needs. 18 Summary The demographics of aging in Minnesota and the rest of the nation are undeniable. The population will age gradually until 2010, then after 2010 the fastest population growth in Minnesota will be in people age 65 and over with a 60 percent increase from 2010 to 2020 and a 95 percent from 2020 to 2030. By 2030, nearly 50 percent of all elderly households will be one person households. Hennepin County has more seniors than other county in Minnesota. In Hennepin County, approximately 72 percent of residents age 65 and older live in the suburbs. Nearly one in three seniors in Hennepin County lives alone; however, 60 percent of seniors age 85 and up in Hennepin County live alone. According to the 2004 Maxfield Research Senior Housing Update, the Northwest Quadrant of the Metro area, of which Brooklyn Center is apart, has the most adult senior project units of all the quadrants in the Metro area with 1,948, which translates to 28 percent of the total Metro area adult units. The Southeast Quadrant of the Metro area has the most affordable senior units with 27 percent of the total affordable units. The northeast quadrant is second in affordable units at 21 percent. Affordable units count for only 2 percent to 10 percent in the remaining quadrants of the Metro area. The Maxfield report shows that 84 percent of the Metropolitan area senior housing units are rental, but that there is a growing demand for owner occupied coops, condos and new products such as age restricted townhomes and detached villa communities. While the current and near future market shows high demand for adult few service projects, after 2020 the demand for senior housing with services will increase dramatically when the baby boomers start moving into their mid to late 70's. Brooklyn Center's senior population tends to represent a slightly higher percentage of the total city population then the Hennepin County or Metro average and it represents a higher percentage of both the total renter and owner households than the Hennepin County or Metro average. Brooklyn Center seniors, according to 2000 census data, tend to have a slightly lower median income than the Hennepin County or Metro area median. Much of the Minnesota State Department of Human Services' focus in developing models for an aging population addresses aging in place for seniors who own their own homes, particularly those living alone. This segment of the senior housing market must also be addressed in terms of assessing the feasibility of providing supportive services to those who choose to stay or cannot afford to leave their single family home. 19 Part 2: Demand Analysis for Senior Housing in Brooklyn Center field Rwareh Inc. October 4, 2004 RE: Preliminary Demand Estimate for Senior Housing in Brooklyn Center, Minnesota Introduction/Purpose and Scope of Research This memorandum contains an assessment of the market potential for senior housing alternatives in Brooklyn Center, Minnesota. Maxfield Research Inc. calculated the potential demand for various senior housing products based on the size of the local senior household base, senior household incomes, home equity potential, and an inventory of existing and planned competitive senior housing in the Brooklyn Center Market Area. The methodology used to calculate demand in this memorandum is proprietary -to Maxfield Re- search, but is consistent with methodologies used by analysts throughout the senior housing in- dustry. It is important to note that the demand estimates and conclusions contained herein are in- tended to assess the depth of the market for various senior housing alternatives in the Market Area and to determine whether additional senior product could be supported. The demand methodology does not take into account the desirability or appropriateness of any given sites, which may impact demand. A more thorough investigation of the unique character- istics of the Brooklyn Center Market Area, outlined in a Full Feasibility Study, could reveal more specific factors that might impact demand and appropriate market positioning. 615 1" Avenue NE #400, Minneapolis, MN 55413 (612) 338 -0012 fax(612)904-7979 www.maxfieldresearch.com Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 2 Brooklyn Center Market Area We have determined the primary draw "market area for senior housing located within Brook- lyn Center. This analysis presents an overview of the demographic and economic characteristics of the area's target markets. It then defines the various types of senior housing available in to- day's market and inventories existing senior housing product in the Market Area. Finally, it pre sents demand calculations for subsidized independent housing, as well as market rate adult, con gregate, assisted living, and memory care products, based on the amount and level of competitive product and our overall conclusions. Market Area Definition Based on traffic and community orientation patterns, geographic and man -made barriers, and our experience in senior housing feasibility, we estimate that roughly 75 percent of the demand for a senior housing project(s) would come from a draw area that includes the following areas: Brooklyn Center, Robbinsdale, Crystal, and census tracts from southern Brooklyn Park and northern Minneapolis. We define this area as the primary draw area (or "Market Area A map of the Market Area is found on the following page. A portion of the demand for any senior housing development will come from outside the defined Market Area. These individuals will include persons currently residing just outside the Market Area who have an orientation to the area (i.e., church, doctor, etc.); persons who once resided in the area that desire to move back to be near friends and family, as well as parents of adult chil- dren living in the Market Area. These groups are estimated to account for at least 20 to 25 per cent of the total demand for senior housing in the Market Area. MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 3 Brooklyn Center Market Area tir kt� Q,l. R y 4 L OI r*W Tupe Babi�iroraale. ii'ctne Law,: Mazaelcl Research, Inc. Older Adult (Age 55 Population and Household Trends and Projections Table 1 presents the older adult (age 55 population and household age distribution for the Brooklyn Center Market Area as of 1990 and 2000, with 2004 estimates and projections to 2009. The 1990 and 2000 figures are from the U.S. Census Bureau, while the 2004 estimates and 2009 projections are provided by Claritas, Inc., a nationally recognized economic and demographic forecasting firm. The projections provided by Claritas, Inc. have been reviewed by Maxfield Research, Inc. and, where necessary, have been adjusted according to recent local migration trends and local estimates. MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 4 The following are key points from Table 1: In 2000, the Market Area contained 25,132 persons age 55 and older, 15,056 persons age 65 and older, and 7,210 persons age 75 and older. Between 1990 and 2000, the Market Area's older adult (55 to 64) population declined by -441 persons, as well as younger seniors (65- 74), with the loss of -620 persons. However, growth among older seniors (75 was very strong, increasing by 1,620 persons, or 29 Between 2000 and 2009, the Market Area's older adult population is projected to increase by roughly 3,424 persons (13.6 to about 28,560 persons by 2009. The majority of the growth will be among persons age 55 to 64 (an increase of over 2,900 people). Seniors age 85 and over are projected to grow by 31.2% between 2000 and 2009 (530 persons). Growth among older seniors (75 the primary market for senior housing with services, is expected to grow slightly this decade. Between 2000 and 2009, older seniors (75+ and the r' imar market for senior housing with services are projected to increase b 574 people primary g P J Y le p p 0 (8.0%) and 127 households (2.6%). By 2009, it is projected that the Market Area will contain 7,352 households age 55 to 64, 4,663 households age 65 to 74 households, and 5,085 households age 75 Overall, house- holds age 55 and older are projected to account for one -third of the Market Area's house- holds. Like population, householders age 55 to 64 will increase by 1,489, or 25.4% between 2000 and 2009. Householders age 85 and over will increase by about 330 households, or 30.5 Total population and households in the Brooklyn Center Market Area is projected to decline by about 5% respectively between 2000 and 2009. MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 5 TABLE 1 OLDER ADULT (55 POPULATION HOUSEHOLD AGE DISTRIBUTION BROOKLYN CENTER MARKET AREA 1990 -2009 Number of Persons Change Age 1 2000 2004 I' 1 2000 -2009 647 6,7 1131Q 60 to 64 5,334 4,429 5,059 5,671 -905 -17.0% 1,242 28.0% 6t r.... 4 �4$0 9 `l .e. 12 70 to 74 3,702 3,778 3,596 3,511 76 2.1% -267 -7.1% 75 to 79� N^ 2,43 ,2 3316 s�R1I 80 to 84 1,693 2,252 2,336 2,412 559 33.0% 160 7.1% 55+ 24,573 25,132 26,882 28,556 559 2.3% 3,424 13.6% Percent 19.1 17.9% 19.6% 21.4% M- q, b.F., 75+ 5,590 7,210 7,421 7,784 1,620 29.0% 574 8.0% Percent 4.4% 5.1% 5.4% 5.8% Tara '41? f .,12. &,462)1 44Q 4,1 ,1 137,2Q9.I ;1 X33;1891 X1.,953 9 °ol 1 4 1;2 26. ....,,5. °lA' Number of Households Change Age 2000 2004 2009 "II I 2000 -2009 iia is 65 to 74 5 _4,832 4,646 4,663 -630 -11.5% -169 -3.5% 85+ 909 1,079 1,248 1,408 170 18.7% 329 30.5% 55+ 15,629 15,653 16,426 17,100 24 0.2% 1,447 9.2% Percent 31.4% 29.1% 31.2% 33.4% 5� 9,52 �9,79U 9,6`QO 26$2 8"04 1$2 %900 �Er ��2 75+ 4,060 4,958 4,954 5,085 898 22.1% 127 2.6% Percent 8.1% 9.2% 9.4% 9.9% �or�t x1� .:�s,s,2��1 ;5�,s8ti `�2,r54�. I Y 51,1SQ1 �1��4,��4 s i °��I�.1 ���a Sources: U.S. Census; Claritas, Inc.; Maxfield Research Inc. MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 6 za rider Adnit Populahon Gro�vtl� Te F s Br ©Oklyh Center Market area x k A 14 0013 1990 2009�s x z 1:0 000` z G 0 8,000 cL a 6,000 3 J Age 55 -64 zv­ r ■Age 65 -74 4 �ilAge 75+ 2,000 Nr9 I 1990 2000 2004 2009 Year x 5 Ulderdu1t Household Grove Tren��l�s� Brooklyn Park Market Area s 990 2009 A� 4 �a' F u W Z 4G 6,000 ^C p 5,000 —1 o o x 4,000 h ��Age 55 -64 e' r 1 3 000 """Age 65 -74� s a —A e 75+ g I 2,000 1990 2000 Year 2004 2009 MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4 2004 City of Brooklyn Center Page 7 Senior Household Incomes Table 2 shows incomes for older adult and senior households in the Market Area in 2004 and 2009, based on estimates by Claritas, Inc. It is important to note that the data does not account for the asset base of senior households, nor supplemental income that a senior household could gain from the sale of a home or from family members. The data in Table 2 helps determine the demand for various senior housing products based on the size of the market at specific cost lev- els. This data is incorporated into demand calculations, which are presented later in the analysis. The frailer the senior, the greater the proportion of their income they are willing to spend on housing and services. Studies have shown that seniors are often willing to pay 40 percent or more of their incomes for market rate senior housing with little or no services, while income al- locations of 50 to 65 percent are typical in a congregate setting and 80 to 90 percent or more for assisted living housing. It is important to note that the proceeds from the sales of their homes, as well as financial assistance from their adult children and long -term care insurance are often used as supplemental income in order to afford senior housing alternatives, especially in settings with a high degree of support services. Again it is important to note that the size and growth projected for the caregiver /referral market (ages 55 to 64) is also an indicator of potential demand for assisted living beds that could be gen- erated from outside the immediate draw area. Research has shown that more affluent caregivers sometimes provide financial assistance to their elderly parents. Recent studies have shown that 16 percent of assisted living residents received some financial assistance from family members. Another seven percent of the senior population currently has long -term care insurance, which aids in expanding the income /asset qualified senior base. Demand for independent market rate senior housing will typically come from households with incomes of $25,000 or more, while demand for affordable senior housing will typically come from households with incomes of $25,000 or less. Based on an income allocation of 40 percent, a household with an income of $25,000 could afford a monthly rent of $830. The following are key points from Table 2. The number of older adult and senior households (persons age 55 and over) in the Market Area is expected to increase by roughly 675 households (4.1 between 2004 and 2009. The majority of this growth is expected among households age 55 to 64, which will add 526 households +8 MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 8 TABLE 2 SENIOR HOUSEHOLD INCOME BY AGE OF HOUSEHOLDER BROOKLYN CENTER MARKET AREA (Number of Households) 2004 2009 4, ouseliollderll 65 +Total 1�1 55-64 65-74 1 75+ Market Area I No. Pct. I No. Pct. I No. Pct. I No. Pct. Under $14,999 1,768 18.4 479 7.0 654 14.1 1,114 22.5 $15,000- $24,999 1 20.2 484 7,1 I 735 15,8 1 2413 $25,000- $34,999 1,797 18.7 789 11.6 800 17.2 997 20.1 $35,000- $49,999': 1,668 i 17.4 1,033` 15.1 933 20:1 735 14.8 $50,000- $74,999 1,355 14.1 1,866 27.3 878 18.9 477 9.6 $75,060- $99,999 588 6.1 1,123 16.5 382 81 206. 4 1 2 $100,000 or more 486 5.1 1,052 15.4 264 9.7 222 4.5 Total' 9,600 100.0 6,826[' 100.0 4,646 100.0 4,954 10,0.0 $25 t1�10 894 614 On 5 85 9 3 27 7q 1 2 63T 14 4,1,> `,`,4 1!4 245 21 b49 3 Median Income 1 $31,087 1 1 $58,413 1 1 $37,154 1 I $26,605 65+ Total 55 -64 65-74 1 75+ Market Area No. Pct. l I No. Pct. I No. Pct.I I No. Pct. Under $14,999 1,500 15.6 459 6.7 557 12.0 943 19.0 $15,000 7$24 1,709 17.8 419' 6.1 13;3 .1 091 22.Q $25,000- $34,999 1,669 17.4 698 102 7 15.4 954 19.3 $35,000•S49,999 1,971 20.5 1,138 16.7 981 990 20,0 $50,000- $74,999 1,454 15.1 1,846 27.0 924 19.9 530 10.7 $75,000 $99,999 730 7.6 1,246 18,3 464 10;0 266 5.4 $100,000 or more 715 7.4 1,546 22.6 404 8.7 311 6.3 Total 9,748 101.5 7,352'' 107,7 4,663 100.4 5 1016 $25,900+ 6 539 68.1 b 474 94 8 3 488 75 1',D51 61, fi $35;400+ 4,8,70 Tu; 50.7 5,7,76' 54,6 `...73..... 59. 2tl97,, ;42:3 Median Income 1 $34,975 1 1 $63,028 1 1 $41,750 1 1 $30,330 65+ Total 1 55-64 1 1 65 1 75+ Market Area I No. Pct.I I No. Pctl I No. Pct. I No. Pct. Under $14,999 -268 -15.2 -20 -0.3 -97 -2.1 -171 -3.5 $15,000-$24,999 229 -11.8 -65 -L0 -117 25 112 -23 $25,000434,999 -128 -7.1 -91 -1.3 -85 -1.8 43 -0.9 $35,000 $49,999 J 303 1 18.2 105 15 J 48 1;0 255 5.1 $50,000- $74,999 99 7.3 -20 -0.3 46 1.0 53 1.1 $75,000- $99,999 142 24.1 1231 1.8 82 1`8 60 L2 $100,000 or more 229 47.1 494 7.2 140 3.0 89 1.8 Total 148 1.5' 526 7.7 17 0.4 131 26 $25;OOtl+ 3 64 fi 7 613 911 231 5I r F4�I B'd 35,I10 1+ 773 Median Income 1 $3,888 12.51 1 $4,614 7.91 1 $4,596 12.41 1 $3,725 14.0 Sources: Claritas, Inc. Maxfield Research Inc. MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 9 The number of households headed by persons 65 and older, the primary market for age restricted housing, is expected to increase by roughly 150 households (1.6 between 2004 and 2009. The number of householders with incomes under $35,000 is projected to decline for each age cohort between 2004 and 2009. The Market Area's older adult households have substantially higher incomes than senior households who have reached retirement age. The 2004 estimate shows that the median in- come of households aged 55 to 64 was $58,413, compared to $37,154 for households 65 to 74, and $26,605 for households age 75 and older. The higher incomes for younger senior households (65 to 74) compared to older seniors (75 plus) is primarily due to the fact that a higher proportion of younger seniors are married, and are more likely to have two pensions or higher Social Security benefits; while some continue to work. The chart below visually depicts the income trends among older adult (55 households in the Brooklyn Center Market Area. Household Income Growth Comparison Brooklyn Center Market Area 2004 2009 8,000 58,413 k 2004 $70,000 7 2009 $60,000 6,000 x $50,000 $26 605 5,000 $57* sa $40,000 4,000 u o $30,000 4 x 3,000 2,000 $20,000 1,000 $10,000 0 $0 55 -64 65 -74 75+ Age Cohort MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 10 The target market for age- restricted independent senior housing is generally senior house- holds age 65 and older with incomes of at least $25,000. A small portion of older adults, ages 55 to 64, may also choose age- restricted housing, but overall, they usually account for only a small portion of the demand within any given market area. As of 2004, we estimate 5,894 senior households in the Market Area with incomes of at least $25,000, accounting for slightly more than 60% of all senior households. In addition, there are an estimated 5,863 households age 55 to 64 in the Market Area with incomes of at least $25,000. The median income of senior (65 households is expected to increase by 12.5% percent over the next five years, from $31,087 in 2004 to $34,975 in 2009. Thus, the percentage of seniors able to afford market rate senior housing will increase. Furthermore, there is a grow- ing awareness and acceptance of the senior housing concept among seniors and their adult children, resulting in an increased demand for senior housing Homeownership Rate/Housing Values In addition to their existing income sources, many senior households will be able to derive addi- tional income from the sales of their homes allowing many senior households with incomes of less than $25,000 to afford senior housing alternatives. For independent seniors, the proceeds are often invested and used to supplement their income. For frail seniors, their proceeds are of- ten used dollar- for dollar to cover assisted living housing and services. Table 3 shows the pro- pensity for the Market Area's older adult households to own or rent their housing as of the 1990 and 2000 Censuses. As of 2000, 79% of the Market Area's senior (65 households owned their housing. This homeownership rate is slightly higher than for the State of Minnesota, which has a home- ownership rate of 77 Homeownership rates normally decline the older the household. As of 2000, 84% of house- holds age 55 to 64, 86 %0 of households age 65 to 74 and 73% of households age 75 and older own their housing. As seniors age, they may no longer desire, or be able to maintain their single- family homes. They may prefer to move to housing that offers them greater freedom from maintenance and /or offers them support services. Seniors typically begin to consider moving into senior housing alternatives in their early 70s. If alternatives exist, a portion of these households may move into apartment or independent senior housing, while the vast majority will remain in their homes. As these seniors age, however, they will increasingly look for housing that offers support services and assistance with personal care. The number of homeowners in the Market area declined by -651 households between 1990 and 2000 for homeowners between the ages of 55 and 74. However, the number of home owners ages 75 and over grew by 887 households in the same decade. The current high homeownership rates in the Market Area for senior households will allow MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 11 prospective residents to tap into significant equity reserves upon the sale of their homes that can be utilized for alternative housing. TABLE 3 OLDER ADULT HOUSEHOLD TENURE BROOKLYN CENTER MARKET AREA 1990 and 2000 Age of Householder "OwnRent 70wn Rent Own Rent Own Rent ..I 7,27 Homeownership Rate 87 83% 67% 76% I1I No'I�useholcs': S,tI11 97 4,i$ a.. 7111 ,ttt?7 1348 7792 2,tI4; Homeownership Rate 84% 86% 73% 79% czfiluseld �t1T�1 3 E`..tI 7 .w .z.. 887 5 8... Pct Change ~M -5% .._..,.19 -8% -23% 33% 1% 7 -9% Sources: U.S. Census; Maxfield Research Inc. Table 4 on the following page, r homes in the Market Area over the last g p g ,presents resale data fo ho h four years from the local Multiple Listing Service. Brooklyn Park was excluded from this analysis as the majority of the Brooklyn Park MLS geographic area is outside of the Market Area. This data is useful in that it represents the amount of equity that seniors may be able to de- rive from the sale of their homes to supplement their income should they desire to move into al- ternative housing. As of August 2004, the average home value in the Brooklyn Center Market Area for the past year was $176,067 while the median sale price was $174,457. It is important to note that median sale prices are generally a more accurate portrayal of the likely home equity, since average fig ures can be skewed by a few very high- or low- priced homes. MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 12 TABLE 4 SINGLE- FAMILY MULTIFAMILY RESIDENTIAL SALES BROOKLYN CENTER MARKET AREA 2000 through August 2004 Average Median Average Market Number Selling Selling Time District Year of Sales Price Chg. Price Chg. (Days) Brook] Center 1100 419 $127,500 $125, ',44 18 36n X001 440\ $144,950 4s I4°�� $142,1324\ 2002 432 $159,000 10° $158 19 \2003 561 170,000 y 47y1G9,6�17� °G 1 2fI04 x 363 $183,000 8 70 v 7 a Robbinsdale 2000 251 $131,000 $132,345 20 (360) 2001 247 $150,000 15% $152,036 15% 23 2002 280 $164,850 10% $164,663 8% 31 2003 301 $177,000 7% $178,452 8% 32 2004 206 $192,750 9% $194,170 9% 34 Crystal s 2000 375 $131,000 A$13045 X19 (361 2101 414 $149,90(1 1 4% $153,17 ✓a 3 T 202 403 $163,500 9 °0 $1b4,961�7 ()4, 271 f s $185,0011 Camden 2000 711 $96 $94,704 22 (302) 2001 641 $118,000 23% $114,132 21% 25 2002 700 $130,900 11% $130,470 14% 30 2003 745 $145,000 11% $145,707 12% 35 2004 527 $156,000 8% $157,752 8% 35 Total 2000 1,756 %'$116,124 $115,2$4 ZO 2002 1815 $1.50,064 10 °1 10 !a le 2Q03 2,006 4 $162,760 19% $163,975 21 °la 3 Sources: Regional Multiple Listing Service of Minnesota (MLS) Maxfield Research Inc. Home values have appreciated significantly in the Market Area over the last four years with the average and median sales price increasing by an average of over 13% each year between 2000 and August 2004. Through August 2004, median home prices range from $156,000 in Minneapolis Camden to $192,750 in Robbinsdale. The median home price in Brooklyn Center was $183,000 which is an 8 increase over the 2003 median price of $170,000. MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 13 During the four -year period, the average length of time a home remained on the market in- creased annually through August 2004, from 20 days in 2000 to 34 days in August 2004. Al- though sales times over the last three years have slowed slightly since 2000, this is still a relatively rapid turn around time for the sale of single- family and multifamily homes. An average sales period of just over a month still indicates a sellers market and that seniors would be able to sell their homes in a reasonably short period of time should they decide to sell their homes. Since a significant majority of senior homeowners will own their home outright, they will have access to a sizeable financial resource in the form of the equity they can realize from the sale of their home. While the interest earned on investing these funds can help offset the monthly costs associated with living in a senior housing facility, many seniors are also will ing to begin spending -down assets in order to live in a facility that meets their needs. For example, a senior who owns their home outright for $174,000 would likely be able to derive approximately $163,500 after factoring in marketing /real estate commissions and moving costs. Should this equity be invested in an interest bearing account with a four percent re- turn, it would produce an income of $5,600 annually (or $542 per month). Should a senior utilize the home proceeds on a dollar- for dollar basis to support assisted living housing, the proceeds of this home would last roughly 65 months (just over five years) based on an aver- age monthly assisted living fee of $2,500. Senior Housing Defined Senior housing is a concept that generally refers to the integrated delivery of housing and ser- vices to seniors. As Figure 1 below shows, senior housing embodies a wide variety of product types across the service delivery spectrum, from independent apartments and /or townhomes with virtually no services on one end, to highly specialized, service- intensive, assisted living units or housing geared for persons with dementia- related illnesses (termed "memory care In general, independent senior housing attracts persons age 65 and over while assisted living attracts persons age 80 and older who need assistance with activities of daily living (ADLs), such as dressing, showering and grooming. MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 14 FIGURE 1 CONTINUUM OF HOUSING AND SERVICES FOR SENIORS Single- Family Townhomeor CongegateApattments Acted i jvur. {I Nursing Facilities Home Apartment ..�Ovtional,servtce Age RestnCted Independent Congregate Aparintetttsl lvlerrior Care Chits gi53t6t1t�S,Qt1T a x InCnSTti'64iV1CC5,... Fully Independent Fully or Highly Lifestyle Dependent on Care El Senior Housing Product Type Source: Maxfield Research Inc. The least service intensive buildings, also termed "active adult" or "adult" projects, are similar to general occupancy housing, offering virtually no support services or health care, but restrict- ing tenancy to those ages 55 and over. Congregate projects, the next level up on the service- delivery spectrum, offer support services such as meals and housekeeping, either included in the rent or a -la -carte so that residents can choose whether or not to pay for the services. The most service- Intensive product types, assisted living and memory care, offer the highest level of services short of a nursing home. Typical services covered in the fee for both of these product types include all meals, housekeeping, linen changes, personal laundry, 24 -hour emer- gency response, and a wide range of personal care and therapeutic services (either built into the fee or a -la- carte). Sponsorship by a nursing home, hospital or other health care organization is common for assisted living and memory care projects (as well as for many congregate/service- intensive projects). Supply of Senior Housing in the Brooklyn Center Market Area Table 5 shows an inventory of the existing senior housing developments in the Brooklyn Center Market Area and vicinity. The developments have been divided into subsidized/affordable pro- jects, independent projects, both adult/few- services and congregate /optional- services, assisted living and memory care projects. Furthermore, a number of projects are located on the fringe of the Market Area in New Hope or Brooklyn Park that were also included. Some of the senior housing developments are located on campuses which incorporate more than one type of hous- ing. For example, The Waterford in Brooklyn Park offers independent rental townhomes, con gregate apartments, assisted living units and memory care units providing a full range of senior care options. MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 15 TABLE 5 SENIOR HOUSING DEVELOPMENTS BROOKLYN CENTER MARKET AREA VICINITY August 2004 Year Project Location Units Product Type Open jR Lilac Parkway Apartments Robbinsdale 48 Rental /Section 8 N/A Robbins Landing Robbinsdale 91 Rental /Section 8 N/A Shingle Creek Commons Minneapolis 22 Rental 2002 View Pointe at Shingle Creek' Brooklyn Center 40 Rental /Section 42 N/A Subtotal 201 Market Rate Rental Anthony James New Hope 73 Rental 1986 Broadway Court Robbinsdale 57 Rental 2000 Broadway Village New Hope 202 Rental 1968/1988 Calibre Chase Crystal 76 Rental 1988 Crossing Estates Brooklyn Center 73 Rental 1984 Crossings Manor Brooklyn Center 65 Rental 1984 The Crystal Crystal 39 Rental 1986 Twin Lakes North Brooklyn Center 193 Rental 1987 Subtotal 778 Ownership Bremer Way Minneapolis 77 Condominium 1985 Lee Square Robbinsdale 124 Cooperative 1985 Realife Coop of Brooklyn Park Brooklyn Park 99 Cooperative 1998 Subtotal 300 OONGREGA3°E'; 10"SPOP Optional Services Copperfield Hill Robbinsdale 157 Rental 1993 The Waterford Brooklyn Park 144 Rental 1992 -93 Subtotal 301 Service Intensive Eagle Brown Terrace Brooklyn Center 140 Rental 1987 North Ridge Apartments New Hope 180 Rental 1983 Maranatha Place Brooklyn Center 65 Rental 1988 Subtotal 385 ASS#S Eb Lj "3'I1�TG Market Rate Copperfield Hill Robbinsdale 76 Rental 1993 Heathers Manor Crystal 77 Rental 2001 Nortluidge Apartments New Hope 25 Rental 1983 Prairie Lodge Brooklyn Center 60 Rental 1992 Subtotal 238 Copperfield Hill Robbinsdale 11 Rental N/A Prairie Lodge Brooklyn Center 43 Rental 1992 Subtotal 54 OUTSIDE MART TAREA,, ,%W, Chardon Court New Hope 129 Congregate /Optional 1985 North Oaks on Emerson Minneapolis 48 Affordable Assisted Living 1994 St. Therese Apartments New Hope 220 Congregate Service Intensive 1979 Waterford Manor Brooklyn Park 65 Assisted Living 2000 Waterford Manor Brooklyn Park 5 Memory Care 2000 Waterford Townhomes Brooklyn Park 24 Adult/Few Services 2000 .'View Point at Shingle Creek has 122 units (Approximatley 33% are seniors) `Twin Lakes North has 276 units. (Approximatley 70% senior and 30% adults) Source: Maxfield Research, Inc. MA.XFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 16 Maxfield Research Inc. identified four subsidized/affordable senior projects in the Market Area, with a total of 201 units. Although View Pointe at Shingle Creek does not have age restrictions, approximately one -third of the residents are seniors and they were included on the table. Subsi- dized rental developments offer affordable rents to income qualified seniors. In many of these developments, residents pay approximately 30% of their adjusted gross income for rent. We inventoried 1,764 market rate independent senior rental housing units in the Brooklyn Center Market Area. Approximately 61 of the independent developments in the Market Area are mar ket rate "adult" (no services) projects, while the remaining developments offer congregate ser- vices (meals, housekeeping, etc.) that are either included in the rent or available on an optional basis. It should be noted that Twin Lakes North is not strictly a senior building, as about 30% of the tenants are not seniors. Therefore, we have designated 70% of the total units at Twin Lakes North as senior, or 193 units. In addition, there are 300 owner occupied units in the Market Area. Two of the projects, or about 75% of the total ownership units, are senior cooperatives. Residents of senior cooperatives must purchase shares in the cooperative as well as a monthly fee. The share price varies depend- ing on the size and location of the unit. Cooperatives usually have lower monthly fees when compared to rental developments because of this entrance fee. Existing Senior Housing Brooklyn Center Market Area September 2004 800 700 600 1� 400 z���i 7 r a. 0 fi Z 300 f 200 100 s a 3. 0 Adult Adult Adult Congregate Congregate Assisted Memory Subsidized Rental Owner Optional Intensive Living Care Some of the independent developments shown in Table 5 are developments that have been con- verted into senior housing from general occupancy apartments. These developments are oper- ated by Lang Nelson and monthly rents at these projects are somewhat lower than most market rate developments in the Market Area and thus, generally attract seniors with lower incomes. MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 17 Moving up the service spectrum, the Market Area contains four assisted living facilities with 238 units. In addition, one market rate and one affordable assisted living facility are located just out- side of the Market Area, combining for 113 units. The Market Area also has two memory care facilities, consisting of 54 units collectively. Maxfield Research Inc. identified six independent senior housing developments within the City of Brooklyn Center with a total of 658 units (including 70% of the units at Twin Lakes). One of these developments is subsidized, three are adult/few services, and another two are congregate service intensive projects. In addition, the City has one assisted living facility of 60 units with a memory care development of 43 units on the same campus. In total, the City of Brooklyn Center currently has 761 units of senior housing (includes 70% of the units at Twin Lakes North). Planned /Proposed Competitive Senior Housing Developments The following is a summary of pending senior housing developments identified by Maxfield Re- search Inc. through conversations with Market Area city officials in September 2004. Brooklvn Center The Brooklyn Center Planning Commission and City Council approved a proposal for conver- sion of the Days Inn located at 1501 Freeway Boulevard into senior condominiums. The pro- posal was submitted by Bridgecreek Development and was originally slated to begin the conver- sion process in February 2004. However, no building permits were ever issued and the project has not progressed. At this time, it is unlikely the project will be resurrected. Additionally, the City of Brooklyn Center had been discussing the acquisition of property in the area south of 57 Avenue and east of Highway 100. Preliminary discussions for this redevelopment have included the possibility of senior housing uses. Again, however, this is a very preliminary concept and no formal development plans have been submitted for review. Brooklvn Park The City of Brooklyn Park currently has three senior housing proposals in the planning stages. The first is a proposed senior campus by Presbyterian Homes consisting of 82 units of owner- occupied cooperative housing, 60 units of independent rental and 60 units of assisted living housing. The site location for the proposed development is 97 and Regent Boulevard. Pres Homes has submitted its site plan to the City and has been in discussions with city officials, al- though approval of the plan has not been granted. The second proposed senior development is a 72 -unit age- restricted for -sale condominium. The MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 18 development will be known as SummerHill of Edinburgh and the proposed location is 85 and Edinbrook Crossing. The third proposed senior development in the City of Brooklyn Park has been pending for some time. Victory at Home has received city approval for development of the Homestead of Brook- lyn Park, a 153 -unit independent rental facility offering some additional services on an a -la -carte basis. The site for the development is located on the northeast corner of 85 Avenue and West Broadway Avenue. Although the project received approval some time ago, the developer has yet to purchase building permits and begin construction. At this time, it is unclear at what time these three projects will pursue with construction, if at all Robbinsdale The City of Robbinsdale has approved a redevelopment of for an old school site at 42 and Re- f gent Avenue, just east of Highway 100. The proposed plan includes a 60 -unit senior cooperative building, 10 single family homes, and 142 units of multifamily housing in six buildings. Ac- cording to the City, the proposed senior cooperative is likely to break ground in Fall 2004. New Hone Although not located in the Market Area, a new project in New Hope could affect the demand for senior housing in Brooklyn Center. According to City officials, there are long range plans to redevelop the area in and around Bass Lake Road and Winnetka Avenue into a mix of new resi- dential and commercial uses. One of the residential uses under consideration is senior housing. The redevelopment of this area is still in the planning process. Although preferred housing de- velopers have been selected for some of the residential development, no formal development proposals for senior housing have been brought forward at this time. In May 2003, the Planning Commission approved construction of a four story 82 -unit owner- occupied senior cooperative to be built on the vacant property east of Chardon Court. The de- velopment will be known as Woodbridge and construction started in spring 2004 with an estimated completion of spring 2005. Market Rate Independent Senior Housing Demand Estimates Table 6 presents our demand calculations for market -rate, independent senior housing in the Market Area in 2004 and estimates for 2009. The table calculates demand based upon senior households with income of $25,000 or more, in- cluding those households whose incomes would rise to this level based on proceeds gained from the sale of their single family homes. We have estimated this proportion based on the home- ownership rates for each age cohort. MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 19 TABLE 6 MARKET RATE INDEPENDENT SENIOR RENTAL OWNERSHIP HOUSING DEMAND BROOKLYN CENTER MARKET AREA 2004 2009 Age of Householder Age of Householder 55 -64 65 -74 75+ 55 -64 65 -74 75+ of Households w/ Incomes of $15,000 to $24,999' 484 735 1203 558 666 1022 (times Homeownership Rate x 84% 86% 73% 84% 86% 73% (equals) Potential Market 407 632 878 469 573 746 (plus) 4 of Households w/ Incomes of $25,000 5,863 3,257 2,637 6,125 3,130 2,574 (equals)Total Potential Market Base 6,270 3,889 3,515 6,594 3,703 3,320 (times) Short-Term Capture Rate x 1.5% 10.0% 22.0% x 1.7% 10.5% 23.0% (equals) Short -Term Demand Potential 94 389 773 112 389 764 Total Market Rate Demand Potential 1,256 1,264 with Without With Without Services Services Services Services (times) for housing w /services w/o services x 50% x 50% x 50% x 50% (equals) Demand potential 628 628 632 632 (plus) Demand from Outside Market Area (25 209 209 211 211 (equals) Total Demand Potential 838 838 843 843 (minus) Existing Competitive UnitS 817 1,036 817 1,064 (equals) Total Long -Term Demand Potential 21 -198 26 -221 (minus) Pending Competitive Independent Units 0 28 0 0 (equals) Excess Demand 21 -226 26 -221 1 2009 income qualified figures adjusted for inflation ($30K or more homeowners w/ inc. of $20 -30K) Z competitive units includes 100% of all market rate rental at 95% occupancy (market equilibrium). Includes 50% of competitive for -sale developments in the Market Area and 50% of competitive rental projects just outside of the Market Area (see Table 5). Also includes 70% of units at Twin Lakes North. 3 Pending units are stated at 95% occupancy (market equilibrium). Pending ownership product includes 50 of units Source: Maxfield Research Inc. In order to arrive at the potential age income qualified base for congregate senior housing, we have included all older adult, senior, and older senior households with incomes of $25,000 or more plus households with incomes between $20,000 and $25,000 who would qualify with the proceeds from a home sale. We estimate the number of age /income /asset qualified older adult households in the Brooklyn Center Market Area as of 2004 to total 13,674 households. Adjusting to include appropriate short-term capture rates for each age cohort (1.5% of house- holds age 55 to 64, 10.0% percent of households age 65 to 74, and 22.0% of households age 75 and older) results in a local short-term demand potential for approximately 1,256 market rate in- dependent senior units. Additional demand will come from outside the Market Area. Independ- ent demand in the Market Area will be split into housing that offers no basic support services MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 20 "adult and housing that offers meals and basic support services on an optional basis ("congre- gate"). Based on the age distribution of the Market Area population, we project that 50 percent of the Market Area demand will be for congregate housing (628 units) and 50 percent will be for adult housing (628 units) in 2004. Then, based on the draw of other projects in the Market Area, we estimate that seniors currently residing outside the Market Area will generate 25% of the long -term demand for senior housing. This demand will consist primarily of parents of adult children living in the Market Area, indi- viduals who live just outside the Market Area and have an orientation to the area, as well as for mer residents who desire to return upon retirement. From this total, we subtract the number of existing units (minus a vacancy factor of 5% to allow for sufficient consumer choice and turnover) in both congregate (with services) and adult (with- out services) units and pending units to get a total long -term demand of 21 congregate independ- ent units and an excess- supply of -226 adult units. Adjusting for inflation, we have estimated that households with incomes of $30,000 or more and homeowners with incomes of $20,000 to $29,999 would best qualify for market rate independent senior housing in 2009. Considering the growth in the older adult base, the income distribution of the older adult population in 2009, and accounting for other pending senior projects in the de- velopment pipeline, our methodology projected that demand for congregate units increases to 26 units, while the excess supply of adult rental units is -221 units. The charts on the follow ing page geographically display the supply for independent units in the Brooklyn Center Market Area. Adult" Independent Senior Rental Housing Demand Brooklyn Center Market Area, 2004 to 2009 1,000 800 600 400 200 0 r 2004 2005 2006 2007 2008 2009 Existing Units 0 Pending Units Excess Demand MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 21 "Congregate" Independent Senior Housing Demand Brooklyn Center Market Area, 2004 to 2009 900 21 22 23 24 25 7n 800 700 600 400' 300 200 100 0 2004 2005 2006 2007 2008 -2009 Existing Units m Pending Units 13 Excess Demand MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page'22 Assisted Living Demand Estimates Table 7 presents our calculations for the age /income qualified market for assisted living housing in the Market Area for 2004 and 2009. The primary market for assisted living housing in the Market Area is seniors age 75 and over with incomes of $30,000 or more. An income of $30,000 and an 80% allocation of that income on housing translate to an affordable monthly fee of about $2,000, approximately the starting price for basic units at assisted living projects in the Metro Area. A portion of senior homeown- ers with lower incomes could also afford assisted living housing upon allocating the proceeds from the sale of their homes toward assisted living housing. It should also be noted that there are a significant number of seniors who will spend down their assets in order to avoid institutional care. Because the vast majority (90% according to an ALFA survey) of assisted living residents are single, our demand methodology separates the number of senior households that live alone from those that live with a spouse or other relative. We have further broken down the number of sen- ior households by household type and income. From these figures, we have applied acceptable capture rates to each income cohort and household type to derive the potential income qualified market. As of 2004, there were 1,491 age /income qualified seniors in the Market Area. Because demand for assisted living housing is need driven, we then reduce the age/income- qualified market to account for the potential market needing assistance. Studies by several gov- ernment agencies indicate that about 30% of all non institutionalized seniors age 75 and over need assistance with at least three activities of daily living and would be a potential market for assisted living housing. Applying this proportion to the age /income qualified household base yields a potential assisted living market base of 447 seniors in 2004. From this total, existing assisted living housing in the Market Area must be subtracted. After subtracting the existing assisted living, units less a seven percent vacancy rate (282 units), there remains a potential unsatisfied demand for 165 units of assisted living housing in the Market Area in 2004. Due to the availability of home health care service providers, and the likelihood of family mem- bers providing limited assistance, we estimate that two- thirds (67 of the age /income qualified market needing assistance will be able to remain in their homes. The remaining one -third will need assisted living housing within the short-term. Applying this market penetration rate, results in a local short-term demand of 55 units in 2004. MAXFIELD RESEARCH INC. i Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 23 TABLE 7 ASSISTED LIVING DEMAND i BROOKLYN CENTER MARKET AREA 2004 2009 <r�.. �....iQ.`....,..,. .Y ..L ,'.�..,r .x, r ,..,1»` HHs 75+ Capture Potential Non single Capture Potential HHs 75+ Capture Potential Non single Capture Potential Income Lvg. Alone Rate HHs HH's 75+ Rate HHs Income Lvg. Alone Rate HHs HH's 75+ Rate HHs Less than $20,000 1,245 25% 311 470 5% 23 $24,000 1,398 25 349 527 5% 26 $20- $34,999 584 75% 438 1,015 15% 152 $24- $39,999 509 75% 382 884 15% 133 $35,000+ 298 100% 298 1,342 20% 268 $40,000+ 321 100% 321 1,446 20% 289 Total 2,127 1,047 2,827 444 2,227 1,052 2,858 448 1 l Total potential income qualified market 1,491 1,500 (times) Percent needing assistance w/ 3+ ADL/IADL's x 30% x 30% (equals) Age /income qualified market needing assistance 447 450 (less) Existing assisted living units/beds (less 7% vacancy rate) 282 282 (equals) Net age /income qualified market needing assistance 165 168 (times) Short-term market penetration rate of 33% x 33% x 33% (equals) Short-term demand from senior households 55 55 (plus) Proportion from outside the market area (25 18 18 (equals) Total market area assisted living demand 73 74 i Source: Maxfield Research Inc. MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 24 We estimate that 25 percent of the demand for assisted living at the proposed project would come from seniors currently living outside the Market Area. This supplemental demand would include seniors currently living just outside the Market Area, former residents desiring to return to the area or parents of adult children currently living in the Market Area. Thus, we believe that demand exists for 73 units of market rate assisted living housing in Market Area in 2004. Following the same methodology and utilizing the projected incomes of older senior households in 2009 results in a total Market Area assisted living demand increasing to 74 units in 2009. Assisted Living Housing Demand Brooklyn Center Market Area, 2004 to 2009 400 350 300 �3 4 250 200 150 100 50 0 2004 2005 2006 2007 2008 2009 Existing Units O Pending Units El Excess Demand Memory Care Housing Demand Estimates Table 8 shows the age /income qualified market for memory care housing in the Brooklyn Center Market Area for 2004 and 2009. Demand is calculated by starting with the estimated Market Area senior population in 2004 and multiplying by the 8.0% incidence rate of Alzheimer's /dementia. This yields apotential market of 1,206 seniors in the Market Area. According to data from the National Institute of Aging, about 25% of all persons with memory care impairments are a market for memory care units. This figure takes into account that seniors in the early stages of dementia will still be able to live independently while those in the latter stages will require intensive medical care that would only be available in skilled care facilities. Applying this figure to the estimated population with memory impairments yields a potential market of 301 seniors in the Market Area in 2004. MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 25 TABLE 8 MEMORY CARE DEMAND BROOKLYN CENTER MARKET AREA 2004 2009 2004 2009 65 Population 15,072 15,575 (times) 8% Dementia incidence rate x 8% x 8% (equals) Estimated senior pop. with dementia 1,206 1,246 (times) Percent needing specialized memory care assistance x 25% 25% (equals) Total need for dementia care 301 312 (times) Percent income /assest qualified x 25% x 25% (equals) Total income qualified market base 75 78 (plus) Demand from outside Market Area (25 25 26 Total Demand for memory care units 100 104 (minus) Existing memory care units* 55 55 (equals) Excess memory care demand in Market Area 45 49 Existing memory care units minus a 7.0% vacancy rate; does not include memory care units within skilled care facilities Source: Maxfield Research Inc. Because of the staff intensive nature of dementia care, typical monthly fees for this type of hous- ing start at about $3,000. Some of the income qualified seniors will have high monthly incomes, however, most will be willing to spend down assets and/or receive financial assistance from fam- ily members to afford memory care housing. We estimate that 25% of Market Area seniors would be income qualified for memory care housing (this figures takes into account married couple households where one spouse may have memory care needs and allows for a sufficient income for the spouse to live independently). Multiplying the potential market (301 seniors) by 25 results in a total of 75 income qualified seniors in the Market Area in 2004. We estimate that 20% of the overall demand for memory care units would come from outside the Market Area. Finally, we must subtract existing memory care units in the Market Area (minus a 7% vacancy rate), resulting in an excess demand for 45 memory care units in 2004. Applying the same calculations to the age /income- qualified base in 2009 and accounting for memory care units in the development pipeline results in demand for 49 memory care units in 2009. MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 26 Memory Care Housing Demand Brooklyn Center Market Area, 2004 to 2009 110' 100 d c a' x 1 A* fS ary e Oil 80 F1Ci d7 3 49 3 r No 60 to I 50' 40 30 20 10— A 2004 2005 2006 2007 2008 2009 0 Existing Units f7 Pending Units 0 Excess Demand L Subsidized /Affordable Demand Estimates In general, most senior households with incomes in excess of $25,000, and senior homeowners with incomes of $15,000 or more can afford market rate senior housing without financial assis- tance and do not need subsidized housing. Subsequently, seniors with incomes less than $15,000 and seniors with incomes between $15,000 and $25,000 who currently rent their housing are candidates for subsidized /affordable housing. Based on these factors, we estimate demand for subsidized senior housing in Brooklyn Center as shown in Table 9. The table shows a total potential market base for senior housing of 2,175 households in the Brooklyn Center Market Area in 2004. Not all of the age /income qualified market senior house- holds will need or want subsidized housing. We estimate that 45% of the market base will need or want subsidized senior housing in the Market Area. Thus, demand exists for 979 subsidized senior housing units in the Market Area. At the present time, there are 201 subsidized senior housing units in the Brooklyn Center Market Area. MAXFIELD RESEARCH INC. Mr. Tom Bublitz October 4, 2004 City of Brooklyn Center Page 27 TABLE 9 SUBSIDIZED /AFFORDABLE SENIOR HOUSING DEMAND BROOKLYN CENTER MARKET AREA Seutember 2004 Age/Income- Qualified Market: I I I Senior Households (65 w /incomes below $15,000' 1,768 1,842 (plus) Senior households w /incomes between $15,000 and $25,000 who rent their housing' 407 392 (equals) Potential market base 2,175 2,234 (times) of market base needing /wanting low- income housing x 45% 45% (equals) Subsidized/affordable senior housing demand 979 1,005 (minus) Existing subsidized /affordable units 201 201 (equals) Excess long -term demand 778 804 (times) which a project in Brooklyn Center can capture x 45% 45% (equals) Excess demand Brooklyn Center can capture 350 362 2009 income qualified figures adjusted to account for inflation ($17k or less and renters $17k -$28k) 2 Exisiting units includes both independent and assisted living Source: Maxfield Research Inc. Subtracting the existing subsidized /affordable units results in excess demand for 778 units in the Market Area. We project that a subsidized /affordable project in Brooklyn Center would capture 45% of the total Market Area demand. Thus, in total, we project 2004 demand for 350 units of subsidized /affordable senior housing in Brooklyn Center. Applying the same calculations to the age /income qualified base in 2009 results in excess demand for 362 units. Preliminary Conclusions Our preliminary assessment of the age /income qualified senior base and inventory of existing competitive units in the Brooklyn Center Market Area indicate that pent -up demand currently exists for congregate independent living (with services), assisted living, memory care housing, and subsidized /affordable independent living. However, the market for active adult independent living is very competitive at this time, largely due to a number of older, general occupancy rental conversions by Lang- Nelson. The research also indicates that there could be a significant amount of competitive product in the development pipeline which, if built, would result in a large num- ber of adult ownership product in the Market Area. It is important to note that some of the pro- posed developments may not be built, while other developments may come to fruition in the fu- ture. MAXFIELD RESEARCH INC. Part 3: Housing Commission Recommendations for Senior Housing in Brooklyn Center Brooklyn Center Senior Housing Recommendations Brooklyn Center Housing Commission Y g In response to a request from the Brooklyn Center City Council for recommendations regarding senior housing in our city, Housing Commission members visited several existing local senior housing facilities including: Realife Cooperative in Brooklyn Park, The Crossings at Brookwood in Brooklyn Center, Prairie Lodge in Brooklyn Center, and Copperfield Hill in Robbinsdale. Together these represent the full spectrum of senior housing options from owner occupied independent living to service intensive memory care. Facility tours and conversations with each of the site managers offered valuable insights into the business of senior housing and industry directions that otherwise would not have been known. This first hand research together with secondary senior housing data gathered by city staff form the basis of the recommendations. The Housing Commission is pleased to offer the following recommendations for the purpose of evaluating senior housing proposals brought before the City Council. We believe these guidelines will serve the city of Brooklyn Center not only in providing for senior housing needs in the near future, but also help stabilize long term city population turnover, contribute to the city property tax base, and help create a more desirable community for all ages in which to live and work. The recommendations are not listed in any particular order of importance. 1. Declare a set of long erm senior housing goals for the city. B declaring oals g gg Y Y gg residents, property owners, and developers will have a clear understanding and more confidence in the city's plans and intentions for senior housing and re- development. One of the goals recommended by the Housing Commission is to provide options addressing seniors' desires to be able to choose where they wish to live, including remaining in their single family homes. For example, information from the State Department of I=luman Services and a major senior housing report undertaken. by the Wilder Research. Center in 1.999 indicate that many seniors will elect to remain in their single fan homes well into their 70's and 80's. For these seniors remaining in single family homes, access to support services such as, lawn care, snow removal, transportation, house repair, and medical care, etc., will be important if not critical to maintaining both the health and welfare of residents and the quality and integrity of the City's single family housing stock. This may require the city to better communicate to senior residents how they can find and access these services. These include private senior service coordination businesses and elderly safety net watch services. In addition to single family homes, another goal might be to provide seniors with a variety of independent living options such as senior apartments, condominiums, or cooperatives so that empty nesters have the opportunity down -size and remain in the community. 1 Beyond independent living, another goal might be providing a full complement of assisted living, congregate care, and memory care options that will enable seniors to remain connected and involved with family and community. 2. Plan for senior housing unit numbers to support long term community stability. It is difficult to recommend a precise number of additional senior housing units since senior housing can be in many different forms ranging from single family homes to institutional care settings. Assuming a stable city population of 30,000 with seniors being part of a normally distributed population over the long term, Brooklyn Center should plan housing for about 6500 seniors over age 55 with roughly 1800 of those over age 75. Even though it is tempting to jump on the senior housing building trend, keep in mind that over responding to the anticipated baby boom generation may result in the city having an undesirable senior housing glut when the baby boom bubble passes. Maxfield Research, Inc. prepared a senior housing demand estimate addressing senior housing market demand in Brooklyn Center and the Brooklyn Center Market Area defined as Brooklyn Center, Robbinsdale, Crystal, and census tracts from southern Brooklyn Park and northern Minneapolis. The following table summarizes the demand for various types of senior housing products in the Brooklyn Center market area and, in the case of affordable senior housing, the table shows both market area and city specific demand estimates. Maxfield defines the group of seniors with incomes less than $15,000 and seniors with incomes between $15,000 and $25,000 who currently rent their housing, as candidates for affordable housing based on 2004 income data. For market rate housing Maxfield points out that senior households with incomes in excess of $25,000, and senior homeowners with incomes of $15,000 or more, can afford market rate senior housing without financial assistance. Type of Senior Housing 2004 Demand 2005 Demand Market Rate Independent 21 26 (Rental and Ownership) with services Market Rate Independent -226) -221) (Rental and Ownership_) without services Assisted Living 73 74 Memory Care 45 49 Affordable (Brooklyn Center Market Area 778 804 Affordable (Brooklyn Center) 350 362 The study notes that a substantial number of units are already in the planning pipeline of cities surrounding Brooklyn Center but some of these may not materialize until later or not at all. Based on the Maxfield demand estimates, the greatest areas of senior housing needs in Brooklyn Center include affordable, assisted living, memory care and to a lesser extent, market rate independent (owner /rental) with services. While the current demand 2 i estimates do not show a high demand for independent, market rate, owner occupied senior housing, the Housing Commission believes it is important that Brooklyn Center seniors be able to have the greatest possible choice to meet their housing needs, including market rate, owner occupied senior housing. It is important to note that even though the Maxfield Demand Analysis for the Brooklyn Center market area shows a negative demand for independent and owner occupied housing from 2004 to 2009, the Maxfield Report also note h p s that, the demand methodology does not take into account the desirability or appropriateness of any given sites, which may impact demand. A more thorough investigation of the unique characteristics of the Brooklyn Center market area outlined in a full feasibility study, could reveal more specific factors that might impact demand and appropriate market positioning This means that a specific independent or owned occupied project in the Brooklyn Center market area may indeed create a market demand depending on the individual market features (site, price, amenities, etc.) offered by the project. 3. Give preference to senior building projects that can support an integrated range of senior service levels from independent living or congregate care to assisted living to memory care. Having a range of services at one site provides an opportunity for easier transition for seniors as their needs change. It also helps providers retain customers for longer time periods. The average length of stay in many senior housing facilities is four to five years. Facilities that are not vertically integrated and provide only a narrow range of services will have a more difficult time attracting seniors and continuing as viable entities over the long term. The October 2004 Maxfield market area study forecasts demand for a full range of senior housing services. 4. Increase the number of owner occupied senior condominiums or cooperative housing. The city currently has none of this type of senior housing available. Ownership without burden of maintenance is an attractive housing alternative, especially for younger healthy seniors able to care for themselves independently, and generally enjoy an active life. With approximately 400 independent senior rental units in existence in Brooklyn Center, construction of additional rental units may alter the City's current ratio of approximately 70 percent owner occupied housing and 30 percent rental housing. The Commission believes it is important to keep this 70/30 owner to rental ratio in order to maintain the stability of the City's housing stock. If there are viable and desirable projects proposed to convert existing rental properties to senior rental or owner occupied senior housing, the Council should give favorable consideration to these projects. 5. Consider new senior development projects in context of larger city redevelopment plan. The community needs of senior citizens are different and therefore redevelopment planning should take these needs into account. Seniors are attracted to housing options that have close proximity to amenities and services that can simplify or enrich their lives. These include close proximity to personal services like hair stylists, attorneys, parks, medical facilities, shopping, library, mass transit, schools, activity centers, walkways, etc. This highlights the need for Brooklyn Center to redevelop with senior housing in a 3 "walk -able" and "wheel- able" community. This may call for implementing traffic calming features that improve pedestrian safety and accessibility to community assets. 6. Consider new senior building projects that offer Brooklyn Center greater property value. It is vital that whatever senior housing is constructed it must be built with a quality that creates a housing product that is architecturally appealing and structurally sound with. maximum durability. Whether the construction is wood frame or concrete and steel, attention should be given to long teen durability and safety features including life safety issues and interior construction quality such as the quality of interior products and finishes. Livability issues should also be addressed including sound transfer between. units and creation of common areas that will maintain their quality and appeal over time. In order to assure a high level of quality it i.s recommended the City's building inspection's staff be involved early on in the planning and approval process for all future senior housing proposals. 7. Implement the full range of affordability in senior housing projects. Building on the City's commitment to diversity, the Housing Commission recommends that a senior housing project serve the full spectrum of housing costs. The Housing Commission encourages the City to promote the creation of mixed income senior housing in. the city with the belief that a diversity of household incomes in individual projects promotes stability of the project. Additionally, the Commission supports a range of housing price options for seniors. Opportunities should also exist for choice in projects with a mix of housing options within individual. projects, including unit size and amenity options. The Housing Commission also recognizes that the decision. to create senior housing, whether it be affordable, mixed income or higher end housing, should. be based on competent market based data. The Housing Commission desires to achieve a balance of affordable and market rate rental housing within the City. To that end, the Housing Commission recommends that the goal for future senior mixed income housing, should provide that affordable units in mixed income projects should not exceed 15 percent of the total units in the project. 8. PROMOTE NEW SENIOR BUILDING PROJECTS THAT ENHANCE THE CITY'S PROPERTY VALUES AND TAX BASE. The Housing Commission recognizes there is limited land for housing development in the city and also recognizes the need for maintaining he overall value of residential r g properties in the city. The Housing Commission believes the city should support projects that will create an opportunity pp y for long term structural, architectural and financial value and will enhance property values in the city, thereby improving the overall tax base in the city. 9. Consider on -site amenities made available to senior residents of a proposed project. Most all- senior housing complexes offer to some degree these features which contribute to the quality of life for residents: Wood Shop Billiards Room Indoor heated parking and car wash stall t 4 Game /puzzle room Guest apartments for short term rent Craft rooms On site hair stylists/barber facilities. Large atriums and smaller sitting rooms with natural light sources for gatherings Small gardening plots available. Exercise equipment rooms. Cable TV /Internet connections Secure building access points ADA accessible rooms and assist features. Facilities for flexible meal plans ranging from cook your own to full service. 5 Attachments: Community Housing Profiles Brooklyn Center, Hennepin County and Twin Cities Metropolitan Area 4' j Community Housing Profiles for Brooklyn Center Data from 1990 and 2000 U.S. Census e=ept as noted. Table L• Demographics Demographic Information 1990 2000 Change change Total Dopulation 1 28,887 1 29.1721 2851 1.0% Number of households 11,226 1 11,4301 204 1 1.8 %1 Persons per household 2.561 2.521 -0-041 -1.6%1 Number of families 81411 7,3821 -759 1 -9.3% Persons per family 2.991 3.11 0.121 4.0% Table 2: Population by age Age 1990 2000 Change Number I of total Number of total Number Percent Under 5years 1 2,1621 7.5 %1 1,957 6.7%1 -2051 -9.5% 5 to 9 1,961 I 6.8 %1 2.150 7.4 %1 1891 9.6% 10 to 14 1.7381 6.0 %1 2,0551 7.0 %1 3171 182% 15 to 17 1,0421 3.6 %1 1,1481 3.9 %1 1061 102% 18 to 21 1 1,5221 5.3 %1 1,5721 5.4 %1 501 3.3% 22 to 24 1 1,3271 4.6%1 1,2331 42 0 /9 1 -941 -7.1% 25 to 34 1 5,372 f 18.6 %1 4,3301 14.8 %1 1,0421 -19.4% 35 to 44 1 3,7971 '13.1%j 4,451 15.3% 1 6541 172% 45 to 1 2,9321 10.1 %1 3,395 11.6 °k1 4631 15.8% 55 to 64 1 3,488 12.1% 2,3741 8.1 %1 1,1141 -31.9% 65 to 74 1 2,299 8.0% 2,4281 8.3 %1 1291 5.6% 75 to 84 1 9621 3.3 %1 1,5691 5.4 %1 6071 63.1% 85 and older I 2851 1.0%1 5101 1.7%1 2251 78.9% Total Dooulation I 28,8871 100.0 %1 29,1721 100.0 %1 2851 1.0% Table 3: Race/ethnicity by age, 2000 Black or Asian or Two or Age African American Pacific Other mom Hispanic White Am Indian Islander race races or Latino Under 5 years 1 9221 4981 211 2751 421 1991 94 5 to 17 1 2,8231 1,1521 541 8351 1161 3731 214 18 to 24 1 1,7161 5021 241 3761 651 1221 132 25 to 44 1 6,1601 1,4471 971 7041 1621 2111 290 45 to 54 1 2,7771 3101 281 2041 371 391 52 55 to 64 2,119.1 1201 181 931 91 151 22 65 to 74 1 2,3031 501 71 531 01 151 12 75 and older 1 2,0051 311 41 291 31 71 7 Total Dooulation 1 20,8251 4,1101 2531 25691 4341 9811 823 Metropolitan Council Mean Pine Cmtre 230 Batt Fi0h Shoat SL Paul, MiMM&A 35101 -1626 (651)6M-IMO Paz 602.1550 TIY 241 -0904 Mwokb L1w 602 -ISSI- deft wwne&owmidLor= Community Housing Profiles for Brooklyn Center Page 2of8 Table 4: Households by type Household type 1990 2000 Change Change Family households 8,141 7.382 1 -7591 -9.3% Married couoles 6,343 1 5,297 -1,046 1 -16.5% With related children under ape 18 2,6681 2,236 1 -3321 -12.9% No related children under age 18 JI 3,7751 3,061 1 -7141 -18.9% Other families li 1,7981 2,085 2871 16.0% Male householder, no wife present 3631 548 185 1 51.0% With related children under ape 18 1861 328 1421 76.3% No related children under age 18 1771 220 431 24.3% Female householder, no husband present 1,4351 1,537 1 1021 7.1% With related children underage 18 9631 1,0881 125 13.0% No related children under age 18 4721 449 1 -23 -4.9% Non- family households 3,0851 4,048 1 9631 31.2% 1 -person 2,4451 3,218 1 7731 31.6 2 or more persons 6401 830 190 1 29.7% Total 11,226 1 11A30 2041 1.8 Table 5: Household type by age of householder, 2000 Other non family Age of owner householder Family household 1- person household household Young adults (15-24 vears) 66 21 61 Working -age 000ulation (25 -64) 4,261 851 366 Eldedv (65 and older) N 1,449 762 33 Other non family Age of renter householder Family household 1- person household household Young adults (15-24 vears) 241 204 115 Vllorkingage population (25 -64) 1,270 827 226 Elderly (65 and older) 111 552 8 Table 6: Tenure by age of householder. Age of householder 1990 2000 i Change Owners Renters Owners I Renters Owners I Renters 15-24 years 76 4981 1591 5481 831 50 25-34 1,366 1,201 1 1,0901 9531 -2761 -248 35-44 1,565 l 5751 1,7671 7251 2021 150 45-54 1,3691 2391 1,5401 4251 1711 186 5 1,7531 2301 1,11614 2271 -6371 -3 5-74 1,2191 2901 1,3011 1861 821 -104 5 and over 4581 3671 882 5111 4241 124 Total households 1 7,8061 34201 7,855 3,5751 491 155 Community Housing Profiles for Brooklyn Center Pape 3 of 8 Table 7; Race/ethnicity by tenure and age of householder, 2000 Owner- occupied units Renter- occupied units Age of householder Hispanic Hispanic White Non -white or Latino White Non -whke or Latino 15-24 years 111 1 481 4 1 2881 260 35 25-34 8291 2611 21 4941 4591 48 35-44 1,4471 3201 35 4041 3211 25 45-54 1,3261 2141 14 2761 1491 11 55-64 1,0521 641 51 1651 621 4 65-74 1 1,2681 331 61 1661 201 3 75 and over 1 8661 161 0 1 4961 151 1 Total households 1 6,8991 9561 85 1 22891 142861 127 Table 8: Occupied housing units by type and tenure Type of housing and 1990 1 2000 units in structure Owners 1 Renters 1 Owners I Renters Single family, detached 1 7.1021 183 1 6,987 I 193 Single family, attached 540 1 381 629 1 300 DUPiexes 281 441 41 1 56 Buildings with 3 or 4 units 161 140 .36 I 106 Buildings with 5 to 19 units 71 1,310 1 18 1 1,369 Buildings with 20 or more units 821 1,343 1 131 1 1,530 Mobile homes 1 131 0 1 23 0 Other units 1 181 19 1 5 1 0 Total occupied housing units 1 7.8061 3.420 1 7.870 1 3.554 Table 9: Measures of crowding by tenure, 2000 Measures of crowding Owner households Renter households 1.0 person per room or fewer 1 7,510 3,180 More than 1.0 person per room 1 360 374 Table 10: Value of owner occupied units, county assessors' data Value: Number of Number of units units in 2000 in 2002 Under $50,000 1 178 1 77 $50,000$74,999 1 467 1 109 05,000-$99,999 1 2,9671 313 $100,0004124,999 1 4,0961 1,248 $125,0004149,999 3541 4,694 t150,0004174,999 1 1031 1,497 $175,000- $199,999 281 178 $200,0004249,999 1 36 1 91 $250,000- $299,999 1 91 26 $300,0004399,999 1 0 1 6 $400,0004499,999 1 01 0 $500,000 or more 1 01 0 Total owner units: 1 8,238 1 8,239 Source: County Assessors' database. Community Housing Profiles for Brooklyn Center Page 4 of 8 Table 11: Value of owner occupied units, 2000 Table 12: Median value of owner occupied units Value of owner occupied units: Number of units 1990 value $78.700 Under $100,000 3,383 1990 value in 2000 $'s $100,550 100.000 -$149,999 4,069 2000 value $105,600 150,0004174,999 195 175,000- $199,999 74 $200,0004299,999 106 $300,000- $399.999 12 00,0004499,999 11 500,000 or higher 20 T otal owner units: 7 Table 13: Monthly housing costs by mortgage status, 2000 Owner- occupied units with a mortgage Owner- occupied units with no mortgage Monthly housing costs Owner units Monthly housing costs Owner units Less than 30 0 0 Less than $200 85 $300 -•$399 55 $200 -$299 1,475 J $400 -$499 136 i3004499 534 $500 -$599 247 500 -$799 27 $600-$699 404 iwo or more 0 $700 -$799 611 Total 2,121 $800 -$899 821 $900 -$999 760 $1,000- $1,249 1,366 $1,250 $1,499 571 $1,500 or more 315 Total 5,286 Table 14: Median housing costs for owner- occupied units Median monthly housing costs 1990 1990 cost in 2000 $'s by mortgage status 2000 With a mortgage 1 $713 $911 i $949 Without a mortgage $189 $241 $269 Table 15: Gross monthly rent paid, 2000 Table 16: Median gross rent )Gross rent Number of units 1990 $669 Less than $200 134 1990 in 2000 $'s $650 $200-$299 9 2000 $636 $300-$399 82 $4004499 262 .$500 -$599 847 600 -$699 808 700 -$799 434 8004899 467 $900 -$999 143 $1,00041,249 157 $1.250 or more 61 Community Housing Profiles for Brooldyn Center Page 5 of 8 Table 17: Gross rents paid by number of bedrooms, 2000 Rent categories Number of bedrooms None I One I TWO I Three or more With cash rent 1 2121 1,4111 1,4091 422 Less than $200 1 91 621 421 21 $200$299 01 121 401 7 $300 -$499 1 391 1831 841 38 $500$749 1 1141 9421 7261 74 $750 -$999 1 81 1591 465 211 $1,000 or more 1 421 531 52 71 No cash rent I 01 141 331 46 Total 2121 1,4251 1,4421 468 Table 18: Household Income by age of householder, 1999 Income Age of householder Under 25 1 25-34 1 35-44 1 45-54 1 55-64 1 65-74 175 and over Less than $10,000. 1 961 561 441 401 601 811 170 t 10,000$14,999 1 1091 531 851 671- 131 1251 239 15,000- $19,999 1 661 931 921 621 291 1331 204 $20,000-$24,999 1 871 1651 1331 651 591 120a 130 $25,000-$29.999 691 2431 1401 1021 751 1651 159 I$ 30,000-$34,999 1 331 1411 1301 891 44 I 1061 131 $35,Q00- $39,999 1 91 1 1581 161 1 761 1221 77 83 $40,000- $44,999 I 481 1441 1631 1061' 681 134 39 5,000- $49,999 1 321 1291 1091 1281 1001 1151 49 50,000- $59,999 1 .261 3101 4441 2621 1861 158' 63 $60,000- $74,999 1 291 2941 4771 2911 2241 142 56 $75.000$99,999 I 421 1801 3941 3831 1591 68, 38 4100,0004124,999 I 31 541 1271 2011 1071 23' 24 $125,0004149.999 1 01 71 481 151 311 5 0 $150.000- $199,999 I 61 31. 181 181 121 14 9 $200,000 or more 1 01 61 51 131 01 11' 11 ITotai households 7371 2,0361 2,5701 1,9181 1,279 I 1.477 1,405 Table 19: Median household income by age, 1999 Age of householder Median household income Under 25 years 1 $25,729 25-34 1 $43,380 35-44 1 $54,091 45-54 1 $58.173 55-64 1 $54,875 X65-74 1 $36,012 5 and older 1 $23,418 All households 1 $44.570 Community Housing Profiles for Brooklyn Center Page 6 of 8 Table 20: Housing costs as a percent of household income, 2000 Households paying less than 30% Households paying 30% or more 1999 Income of income for housing of income for housing Owners I Renters 1 Owners I Renters Less than $10,000 71 22 117 I 299 $10,000- $19,999 2961 133 2101 729 $20,000-$34,999 7301 528 5151 518 $35,000- $49,999 1,1601 536 3001 28 $50,000- $74,999 2,1841 458 1071 0 $75,000- $99,999 1.067 151 121 0 $100.000 or more 1 6581 35 91 0 Table 21: Households paying 35 or more of Income for housing costs, 2000 Households paying of household income Tenure for housing 35%-39.9% 40%-49.9% 1 50% or more Owners 224 246 380 Renters 235 250 775 Table 22: Households paying 30 or more of Income for housing by age of householder, 2000 Age of householder Owner Renter Under 25 years 29 278 25-34 275 284 35-44 3781 .272 45-54 164 145 55-64 861 .64 55-74 173 70 75 and older 165 441 Table 23: Poverty rates Poverty rates Below poverty level in 1989 Below poverty level in 1999 Number I Percent Number I Percent Individuals 2,0311 7.1 %1 2,1431 7.4% Families 479 5.8 %1 3491 4.7% Households 7631 B.8% 3 6 68 I .0% Table 24: Poverty status by age Age group Persons below poverty level in 1989 Persons below poverty level In 1999 Number I Percent Number I Percent Under 5 2981 14.3%1 225 11.9% 5 1 511 14.5. %1 401 8.4% 5-11 1 304 I 12.7 %1 3031 12.2% 12 -17 2071 11.1 207 9.0 18-64 1,0411 5.6 %1 1,125 6.5% 65 -74 1 501 2.2 961 3.9% 75 and over 1 801 6.9 %1 1471 7.8% Community Housing Profiles for Brooklyn Center Page 7 of 8 Table 25: Poverty status by.famlly type, 1999 Family type Number below Percent below poverty level poverty lever Married-couple family '1731 3.1% With related children under age 18 1151 4.9% No related children underage 18 581 1.8% Male householder, no wife present 371 7.3% With related children under age 18 371 11.5% No related children under age 18 0.1 0.0 Female householder, no husband present 1391 9.7% With related children under age 18 1261 11.9% No related children under age 18 131 3.5% Table 26: Homeless population by county Scott and Year Anoka Dakota Hennepin Ramsey Carver Washington Total 2000 1 2591 1751 3,5921 9811 1001 1761 5,383 2002 2891 2381 3,6591 1,4291 531 1031 5,824 Source: MN Dept of Children, Families and Leaning Quarterly Shelter Survey. Table 27: Year structure was built 1999- Year structure 1939 or 1940 1950- 1960- 1970- 1980- 1990 1995- March was built earlier 1949 1959 1969 1979 1989 1994 1998 2000 Totals Owner- occupied 2461 5261 4,2591 1,5291 8091 3511 431 651 421 7,870 Renter- occupied 1 581 521 4241 9721 1,3401 5891 891 301 01 3,554 Table 28: Residential permits issued, 1970 through 2001 Type of residential permits issued Number of units pemnitted in: 1970 -1979 11980 -1989 11990- 199411995 -19991 2000 1 2001 Single family, detached 1 3631 611 321 331 21 2 Townhouse 1 5101 4141 01 141 01 0 Duplex 1 281 61 41 01 01 0 Multifamliv 1 8911 3611 21 01 01 0 TTotal permits 1 1,7921 8421 381 471 21 2 Source: Metropolitan Council Annual Building Permit Survey. Table 29: Residential demolitions, 1990 through 2001 `Type of unit demolished 1 Number of demolitions Single- family, detached 1 66 Other residential 1 4 (Total 1 70 Source: Metropolitan Council Annual Building Permit Survey. Community Housing Profiles for Brooklyn Center Page 8 of 8 Table 30: Job 0 rowth 1990 2000 Change change Employment 17,0061 16 -3131 -1.8% Source: Minnesota Department of Employment and Economic Development (formerly Minnesota Department of Economic Sectutty) and Metropolitan Council. Table 31: Wage information, 2002 Wage group Jobs* Jobs paying $5.15 or less/hr 259 Paying $5.16 to $11.04/hr 5,212 Paying $11.05 to $18.441hr 4,247 Paying $18.45 to $29.491hr 3,045 Paying $29.60 to $36.87/hr 734 Paying over $36.87/hr 1,314 Total jobs In community 14,817 Numbers may not add to total due to rounding. Source: Minnesota Department of Employment and Economic Development (formerly Minnesota Department of Economic Securtty)'and Metropolitan Council. l 1 t Community Housing Profiles for Hennepin County Data from 1990 and 2000 U.S. Census exaW as noted. s Table 1: Demographics Demographic Information 1990 I 2000 I Change f change Total Do Dulation 1 1,032,431 1 1.116,200 1 63,7691 81% Number of households 1 419,0601 456,1291 37,0691 8.8% Persons Der household 1 2.411 2.391 -0.021 -0.8% Number of families 1 257.347 1 267,3031 9,9561 3.9% Persons per family 1 3.021 3.071 0.o51 1.7% Table 2: Population by age 1990 2000 Change Age Number I of total Number I of total Number I Percent Under 5 years 1 77,2101 7.5 %1 73,261 6.6 %1 3,94 91 4.7% 5 to 9 1 69,723 6.8 %1 75,7801 6.8 %1 6,0571 7.2% 10 to 14 58,9181 5.7 %1 75,1091 6.7 %1 16,191 1 19.3% 15 to 17 32,9581 32 %1 43,3521 3.9 %1 10,3941 12.4% 18 to 21 56,0831 5.4 %1 59,1261 5.3%1 3,0431 3.6% 22 to 24 1 52,9421 5.1%1 49,6411 4.4% -3,3011 -3.9% 25 to 34 1 216,9651 21.0%1 183,8601 16.5% 33,1051 -39.5% 35 to 44 1 170,3761 16.5 %1 191,8721 172 %1 21,4961 25,7% 45 to-54 1 101,7661 9.9 %1 156.0681 14.0%1 54,3021 64.8% 55 to 64 1 78,5331 7.6%1 85,7731 7.7 %1 7,2401 8.6% 65 to 74 1 64,4981 6.2 %1 59,737.1 5.4 %1 -4,7611 -5.7 75 to 84 1 37,4861 3.6 44,9421 4.0%1 7,456 8.9% 85 and older 1 14,9731 1.5 %1 17,6791 1.6 %1 2,7061 3.2% Total e2 ulation Lj 1 100.0%1 11,116,200 100.0%1 83,7691 100.0%. Table 3: Racefethnicity by age, 2000 Black or Asian or Two or African a more Hispanic Age White American American slander race races or Latino Under 5 years 1 49,2551 10,0961 9571 4,9401 2,798 5,2151 5,674 5 to 17 1 136,2031 27,2781 2,8611 13,6201 4,7621 9,5171 9 18 to 24 1 79,8251 11,8501 1,3751 7,1021 4,7551 3,8601 8,716 25 to 44 1 301,8691 -34,5061 3,7101 19,2951 8,8381 7,5141 17,111 45 to 54 1 138,1861 9,0411 1,2711 4,7281 1,2811 1,5611 2,634 55 to 64 1 77,8791 3,8391 6161 2,3681 3851 6861 972 65 to 74 1 55,5851 2,0671 273'j 1,2631 1421 3871 459 75 and older 1 60,1191 1,2461 1001 7701 851 3011 .305 Total population 1 898,9211 99,943 1 11,1631 54,0861 23,0461 29,0411 45.439 rMetropolitan Council .•tt Mega folk Caron 230 FAA Fift 34ed St PP4 Afiooaota 35101 -1626 (651) 602 -1000 Fa 602-1550 TIY 291 -0904 Macohh Jne602 -1899 Astmc&ntw6w1agakAMw www wsunmandL0r9 Community Housing Profiles for Hennepin County i page 2 of 8 Table 4: Households by type Household type 1990 2000 Change Change Family households 257,347 267.303 1 9,9561 3.9% Married couples 203,6561 206,487 2,8311 1.1% With related children underage 18 94,0231 97,754 3,731 1.4% No related children under age 18 .109,633 1 108,733 1 -900 -0.3% Other families 53,6911 60,816 7,125 2.8% Male householder, no wife present 11,7081 15,824 4,1161 1.6% -With related children underage 18 5,2591 8,528 3,2691 .1.3% No related children underage 18 6.4491 7,296 8471 0.3% Female householder, no husband present 41,0831 44,992 3,0091 1.2% With related children underage 18 27,4601 31,017'1 3,5671 1.4% No related children under age 18 14,6331 13,975 -5681 -02% Non- family households 161.7131 188,826 1 27.1131 10.5% 1- person 121,6651 145,086 1 23,421 9.1% 2 or more persons 40,0481 43,740 1 3,6921 1.4% Total 419,0601 456,129 37,0691 14.4 °A Table 5: Household type by age of householder, 2000 Other non family Age of owner householder Family household 1- person household household Young adults (15-24 vears) 1 1,546 1 759 1 9531 Working -age population (25 -64) 1 178,431 1 46,840 1 15,4481 Elderly (65 and older) 1 34.172 1 22,516 1 1,1701 Other non- family Age of renter householder Family household 1- person household household Young adults (15-24 vears) 7,303 8,323 1 9,9171 Working -age population (25 -64) 1 42,424 50,039'1 14,7971 Elderly (65 and older) 4,344 1 16,6391 5081 Table 6: Tenure by age of householder Age of householder 1990 2000 Change Owners I Renters 1 Owners I Renters Owners i Renters 15-24 years 1 2,7951 24,6141 3,3801 '25,2521 5851 638 25-34 1 52,5871 57,9961 44,5631 50,4351 8,0241 -7,561 35-44 1 71,4201 26,8831 79.0411 29,9261 7,6211 3,043 45-54 1 48,0941 11,8631 74,0371 18,8291 25,943 6,966 55-64 1 38,1641 8,7351 42,671 h 9,4121 4,5071 677 65-74 1 32,2311 9,44.01 30,672 .7,0901 1,5591 -2,350 75 and over 1 20,3191 13,9191 27,429 13,3921 7,1101 -527 Total households 1 265,6101 153,4501 301.7931 I 154,3361 36,1831 886 Community Housing Profiles for Hennepin County Page 3 of 8 Table 7 Race/ethnicity by tenure and age of householder, 2000 Owner- occupied units Renter- occupied units Age of householder Hispanic Hispanic White Non- white or Latino White Non-white or Latino 15 -24 years 1 2,7181 6621 1601 18,0541 7,1981 1,773 25-34 39,1061 5,4571 1,119 1 34,7711 15,6641 3,392 35-44 1 71,6711 7,3701 1,1591 20,3301 9,5961 1,446 45-54 68,5611 5,476 6671 13,9301 4,8991 602 55-64 40,1191 2,552 2831 7.2621 2,1501 196 65 -74 29,4541 1,2181 1471 5,9151 1,1751 80 75 and over 1 26,7821 6474 70 1 12,7431 6491 67 Total households 1 278,411 1 23,3821 3,605 1 113,0051 41.3311 7,556 Table 8: Occupied housing units by type and tenure Type of housing and 1990• 2000 units In structure Owners I Renters Owners 1 Renters Single famiiv, detached 1 226,6361 12,284 1 249,758 I 10,591 Single family, attached 1 16,1831 9,021 24,9351 7,542 Duplexes 1 6,1321 "16,0641 6,6621 13,893 Buildings with 3 or 4 units 1.813 9.175 1 2.873 I 8.943 Buildings with 5 to 19 units 3.020 34,892 1 4,190 I 34,834 Buildings with 20 or more units 1 9,6261 70,241 1 12,109 1 78,278 Mobile homes 1,061 I 116 1,279 1 196 Other units 1 1,1391 1,660 1 291 17 Total occupied housing units 1 265,6101 153,450 1 301,835 I 154.294 Table 9: Measures of crowding by tenure, 2000 Measures of-crowding Owner households Renter households 1.0 person per room or fewer 1 296,523 140,772 More than 1.0 person per room 5,312 13,522 Table 10: Value of owner occupied units, county assessors' data Value: Number of Number of units units In 2000 In 2002 Under $50,000 1 19,104 1 11,709 $50,000 $74,999 1 24,607 1 7,662 $75,000- $99,999 1 46,528 1 16,666 $100,000- $124,999 72,8061, 32,358 $125,000- $149,999 55,423 1 60,045 $150,000- $174,999 I 33,307 1 60,062 $175,000- $199,999 1 21,114 I 39,971 $200,000- $249,999 1 25,671 1 44,180 $250,000- $299,999 1 13,025 1 23,695 $300,0004399,999 11,582 1 23,195 $400,0004499,999 4,807 1 9,343 $500,000 or more 1 5,739 1 12,143 Total owner units: 1 331713 -1 341.029 Source: County Assessors' database. Community Housing Profiles for Hennepin County Page 4 of 8 Table 11: Value of owner occupied units, 2000 Table 12: Median value of owner occupied units Value of owner occupied units: Number of units 1990 value 1 $90.600 Under $100.000 62,469 1990 value In 2000 $'s $115,754 x$100,0004149,999 108,091 2000 value $143,400 $150,000$174,999 35,936 1$175,0004199,999 I 22,743 $200,0004299,999 42,092 $300,000- $399,999 15,333 1 $400,000- $499,999 6,369 $500,000 or higher 8,802 (Total owner units: 301,835 Table 13: Monthly housing costs by mortgage status, 2000 Owner- occupied units with a mortgage Owner- occupied units with no mortgage Monthly housing costs 1 Owner units Monthly housing casts Owner units Less than $300 377 Less than $200 i 2,402 $300 -$399 1,440 $200 -$299 19,258 1$400 -$499 1 3,674 $300 -$499 22,546 $5004599 1 6,470 $5004799 5,777 $6004699 1 10,519 $800 or more 2,737 $7004799 1 14,568 Total 52,720 $800 -$899 18,776 $9004999 19,565 $1.00041,249 1 44,955 $1,250$1,499 1 31,503 ($1,500 or more 1 58,686 1Total 21.0,533 Table 14: Median housing costs for owner occupied units Median monthly housing costs 1990 1990 cost in 2000 $'s 2000 by mortgage status With a mortgage 1 $833 i $1,064 $1,166 Without mortgage $220 $281 $325 Table 15: Gross monthly rent paid, 2000 Table 16: Median gross rent Gross rent Number of units 1990 $487 Less than $200 8,918 1990 in 2000 $'s $622 $200 -$299 1 5,676 2000 $654 $300-$399- 6,807 $400 -$499 14.916 $500 -$599 25,550 $6004699 24,887 $700 -$799 1 20,325 $800 -$899 16,138 $900 -$999 1 9,725 $1,00041,249 1 11,136 $1,250 or more I 6,897 Community Housing Proflies for Hennepin County Page 5 of 8 Table 17: Gross rents paid by number of bedrooms, 2000 Rent categories Number of bedrooms None I One I TWO 1 Three or more With cash rent 1 17,7591 68,7421 49,643 I 14,831 Less than $200 1 1,8351 616601 1,0931 330 $200$299 1 1,2241 3,021 1 1,0171 414 $300,$499 6,2361 10,1841 3,7131 1,590 $500 -$749 6,3801 34,6821 17,0581 2,676 $750 -$999 1 1,4741 11,7671 18,2861 4,302 $1,000 or more 1 6101 3,4281 8,4761 5,519 No cash rent 1 1271 5941 1,0111 1,215 Total 17,8861 69,3361 50,6541 16,046 Table 18: Household Income by age of householder, 1999 Income Age of householder Under 25 1 25-34 1 35-44 1 45-54 1 55-64 1 65-74 175 and over Less than $10,000. 1 4,6141 4,6831 4,3461 3,3471 3,0101 2,646 4,703 $10,000-$14,999 1 3,0711 3,4571 2,5861 2,0761 1,4331 2,5791 5,537 $15,000- $19,999 1 2,7161 3,7691 3.1461 2.0321 1,5061 2,9531 5,138 $20,000$24,999 1 2,7631 5,5821 4,634 1 3,1311 2,1551 2,898 4,254 $25;000- $29,999 1 2,5041 6.3411 4,9281 3.6521 2,3431 2,632 i 3,588 0,000 1 2,2681 6,3321 6.6321 4,3051 2,4631 2,9021 2,792 35.000$39,999 1 1,9151 6,2101 5,866 1 3,8681 2,4631 2,330 2,486 $40,000- $44,999 1 1,5701 5,9081 5,7771 4.1331 2.3861 2,396 1,912 $45,000- $49,999 1,5021 5,7221 5,2571 3,8121 °2,3361 1,8981 1,618 50,000459,999 2,0161 10,1981 11,3431 8,4391 4.9091 3,450' 2,508 60,000$74,999 1 1,8971 12,9531 15.1491 11.3011 6,2631 3,575 2,117 75,000$99,999 1 1,3461 12,8241 17,4181 15,547 f 7.2681 3,148, 2,028 100,0004124,999 1 4211 5 9,1451 10,0871 4,6261 1,744' 844 125,000- $149,999 1 1791 2,3701 4,9661 5.3231 2,5651 832 406 1501000- $199,999 481 1,6061 4,8501 5,0251 2.1171 691 371 200,000 or more 471 1,265 I 5,486 1 6,5361 3,3391 1,107' 588 otal households 28,8771 94,4051 110,5291 92,6141 51,1821 37,781 40,890 Table 19: Median household Income by age, 1999 Age of householder Median household Income Under 25 years $27,324 25-34 $49.200 35.44 1 $61.339 45-54 1 .$69.995 55-64 1 $61.091 55-74 $39.898 75 and older 1 $26,113 All households 1 $51,711 Community Housing Profiles for Hennepin County Page 6 of 8 Table 20: Housing costs as a percent of household Income, 2000 Households paying less than 30% Households paying 30% or more 1999 income of Income for housing of income for housing Owners I Renters Owners I Renters Less than $10,000 2731 3,956 4,0241 14,516 $10,000-s19,999 5,1861 5,4321 6,6691 20,517 $20,0004$34,999 1 15,9651 22,2881 14,1121 17,825 035,000.$49,999 26,0581 23,801 11,0571 2,812 1$50,000-$74,999 1 55,8841 22,701 7,8201 675 75,000-$99,999 I 44,0311 8,026 2,6201 50 100,000 or more I 66,9881 5,963 1 1,7361 16 Table 21: Households paying 35°/. or more of Income for housing costs, 2000 Households paying of household income Tenure for housing 35%-39.9% 1 40%-49.9% 1 50% or more Owners 1 9,2521 9,3231 14,198 Renters 1 8,6871 10,3601 24,911 Table 22: Households paying 30% or more of income for housing by age of householder, 2000 Age of householder Owner Renter Under 25 years 1 8841 12,165 25-34 1 7,8021 14,543 5-44 I 14,296 1 9,152 45-54 1 10,7621 5,710 55-64 1 6,0471 3,480 P 5-74 1 4,4151 3,051 5 and older 1 3,831 1 8,310 Table 23: Poverty rates Poverty rates Below poverty level In 1989 1 Below poverty level in 1999 Number I Percent 1 Number I Percent Individuals 1 93,3881 9.2 %1 90,3841 9.0% Families 1 16,5381 6.4 %1 13,5791 5.3% Households I 36,7491 8.8 %1 33,9531 8.0% Table 24: Poverty status by age r Age group Persons below poverty level in 19891 Persons below poverty level in 1999 Number I Percent 1 Number I Percent Under 5 1 11,7211 18.3 %1 8,0441 12.7% 5 I 2,3881 19.1 %1 1,7981 13.5% 6-11 1 10,5141 15.3 %x 9,8321 12.1% 12 -17 I 7,0821 12.2 8,9031 11.6% 18-64 I 53,5881 8.7 %1 55,0591 8.3% 55 -74 1 3,5791 6.0 %1 2,9901 5.4 a 75 and over 1 4,5161 11.4 %1 3,7581 7.3% �Ommunity Housing Pronles for Hennepin County 3 age 7 of 8 Is 251: Poverty status by family type, 1999 amlly type Number-below p ercen t b elow iarded-COUD19 family poverty level p over t y l evel 4,663, 2.3% With related children under age 18 3,229 3.3% No related children under age 18 1,434 1.3% tale householder, no wife present 1,346 9.6% With related children under age 18 1,049 14A% No related children under age I a 297 4.5%. !male householder, no husband present 7,570 20.9% With related children under 1 6,967 29.6% No related children under age l a 603 4.e% able 26: Homeless population by county Scott and 'ea, Anoka Dakota Hennepin Ramsey Carver Washington Total 1 259 175 3,5921 gal 1001� 176 5,383 1 289 238 3,6591 1,429; 531 1031 5,824 )Urce. MN Dept. of Children, Families and Leaming Q uar W y Sh Survey. ibis 27. Year structure was built iar sftcture 1939 or 194()- 1950- 1960. 1 97() 1980. 1999- is bulk 1990- 1995- March earlier 1949 1659 1969 1979 1 989 1994 1998 2000 T Yn 1 65,318 24,6731 57,7021 34,485 41.451 44.82() 15,4601 13,7011 4,2251301,835 tntsr-OccuPled 1 32,521 8,118 16,1331 29,513 35,2701 22,8601 5,1831 3,0991 997)154.294 ibis 28: Residential permits Is 19 70 through 2001 PO Of residential PerMb Issued Number of units permitted In: ;918 family, detached 1970-1979 11960-1989 1990-1994 11995-1999 1 2000 2001 wnhouse 30,723 l 29,660 12,6951 10,7951 2,2231 1,909 Plex 7,7991 7,660 1 .2411 3,980 740) 734 LUMPY 2.4581 2,4691 402j 422 741 36 tal permits 29,979 1 30,353 3,7231 62081 2,2531 2,664 70959 1 70 18 21,4051 5,2SO 5,343 rcG: MGtrOPOMBn Council Annual Bulkling ftnnk Survey. ble 29: Residential demolitions, 1990 through 2001 �e of unit demolished Number of demolitions Pie-familv, detached 3,644 Ler residential 3,887 al 7,531 Me: Metropolitan Council Annual Building Perrnft Survey. Community Housing Profiles for Hennepin County Page 8 of 8 Table 30: Job growth 1990 1 2000 1 Change change jEmpioyment 723,105 1 656,331 1 133.2261 18.4% Source: Minnesota Department of Employment and Economic Development (formerly Minnesota Department of Economic Security) and Metropolitan Council. Table 31: Wage information, 2002 Wage group jobs Jobs paying $5:15 or less/hr 16,912 Paying $5.16 to $11.04/hr 193,988 Paying $11.05 to $18.44/hr 246,986 Paying $18.45 to $29.49/hr 187,053 Paying $29.50 to $36.87/hr 58,112 Paying over $36.87/hr 114,850 Total Jobs in community 817,902 Source:'Mtnnesota Department of Employment and Economic Development x (formerly Minnesota Department of Economic Security) and MetropoUtan Council. Community Housing Profiles for Twin Cities Metropolitan Area Dahifrom 1990 and 2000 U.S. Cent e=pt as noted. Table 1: Demographics Demographic information 1990 2000 Change change Total DoDulation 1 2,288,721 1 2.642,056 1 353.3351 15.4% Number of households 875,504 1 1,021.4541 145,9501 16.7 %1 Persons oar household 2.66 2.53 -0.03 -1.1%1 Number of families 583,900 1 658,159 74,259 12.7 %1 Persons per family 3.121 3.14 0.021 0.5%1 Table 2: Population by age Age 1990 2000 Change Number I of total Number I of total Number I Percent Under 5years 185 8.1 %1 188,2361 7.1 %1 3,1151 0.9% 5 to 9 1 174,3661 7.6 %1 198,690 I 7.5 %1 24,3241 6.9% 10 to 14 149,9731 6.6 %1 197,6111 7.5 47,6361 13.5% 15 to 17 1 82.7911 3.6 %1 112,9971 4.3 %1 30,2061 8.5% 18 to 21 125,0271 5.5 %1 137,6701 52 %1 12,6431 3.6% 22 to 24 110,3391 4.8 %1 106,5561 4.0 %1 3,7831 -1.1% 25 to 34 1 467,5781 20.4% 1 411,1551 15.6%1 56,4231 -16.0% 35 to 44 1 376,2861 16.4 %1 .469,324 17.8%1 93,0381 26.3% 45 to 54 1 228,1771 10.0%1 363,592 13.8%1 135.4151 38.3 55 to 64 1 163,9301 7.2 %1 200,9801 7.6 %1 37,050 10.5% 65 to 74 1 125,6351 5.5 %1 130,6151 4.9 %1 4,9801 1.4% 75-to 84 1 71,9941 3.1 %1 90,2921 3.4 %1 18,2981 52% 85 and older 1 27,5041 12 %1 34,3381 1.3 %1 6,8341 1.9% Total ?opulation LZ 1 100.0%12,642,056 I 100.0 %1 353.3351 100.0% Table 3: Race /ethnicity by age, 2000 Black or Asian or Two or Age African American Pacific Other more Hispanic White American Indian Islander race races or Latino Under 5 years I 141,0921 16,1651 1,6571 12298 5,6001 11,4241 12,576 5 to 17 1 395,563 43,0291 5,1861 34,9411 10,1531 20,4261 22,787 18 to 24 1 192,9821 18,3311 2,4881 14,8911 8,2291 7,3051 16,020 25 to 44 1 748,0101 53,9721 6,9981 40,3861 16,7421 14,371 33,941 45 to 54 331,1281 14,0911 2,2801 10,1351 2,6921 3,266 5,978 55 to 64 186,4431 5,8351 1,1681 5,1671 9681 1,3991 2,564 65 to 74 1 122,9511 3,2271 4521•' 2,7611 4121 8121 1,264 75 and older 1 119,9481 1,9701 188, 1,6601 2651 599 772 Total population 1 2,238, 156.6201 20A171 122.2391 45,0611 59.6021 95,902 Itmetropoutan counall Mum Pwk Cmtm 230 EaA F10h Sheet 8t Paul, Nw=ta 35101- 1626 (651) 602 -1000 Fa 60-1550 TrY 291-0904 Wto rafo line 602 -ISIS dal&=wv@mdAjfa "aur www+eenoemd1.wv Community Housing Profiles for Twin Cifies Metropolitan Area Page 2 of 8 Table 4: Households by type Household type 1990 2000 Change Change Family households 583,900 658,159 74,2591 12.7% Married Couples 471,507 520,281 1 48,774 8.4% With related children under ape 18 238,126 262,754 24,628 4.2 °k No related children under age 18 233,3811 257,527 24,146 1 4.1% Other families 1 112,393 1 137,878 25.485 4.4% Male householder, no wife present 25,479 36,488 1 11,0091 1.9% With related children under age 18 12,4571 20,791 1 8,334 1.4% No related children under age 18 13 0 g ,022 15,697 2.675 0.5 /o Female householder, no husband present 86,914 101,390 14,476 2.5% With related children underage 18 58,150 71,246 1 13,0961 2.2 °k No related children underage 18 28,764 30,144 1,380 02% Non- family households 291.604 363,295 71,691 12.3% 1- person 222,622 281.086 58,464 10.0% 2 or more persons 68,982 82,209 13,227 2.3% Total 875,504 1,021.454 145.950 25.0 °!0 Table 5: Household type by age of householder, 2000 Other non family Age of owner householder Family household 1- person household household Young adults (15-24 vears) 5,160 1,895 2,398 Working -ape 000ulatlon (25 -64) 467,474 98 420 32 .1 46 Elderly (65 and older) 74,888 44,445 2,291 Other non family Age of renter householder Family household 1- person household household Young adults (15-24 years) 15,347 13,896 17,452 Workln e 9-ag population (25 -64) 88,826 88,686 24.524 Elderly (65 and older) 9,002 33,820 784 Table 6: Tenure by age of householder Age of householder 1990 2000 Change Owners 1 Renters Owners I Renters Owners 1 Renters 15 -24 years 7,8891 44,854 9,7901 46,699 1,901 1,845 25-34 1 127,898 105,8151 114,071 91,342 13,827 14,473 35-44 164,0741 49,451 203,7291 58,438 39,6551 8,987 45-54 110,889 22,212 177,0901 36,077 86,2011 13,865 55-64 1 81,8341 16,081 102.583 1, 18,205 20,749 2,124 65-74 1 62,9481 17,7531 68,0301 14,4911 5,082 -3,262 75 and over 1 38,4271 25,3791 53,6731 27,236 15,2461 1,857 Total households 1 593,9591 281,5451 728,9661 292,4881 135,0071 10,943 Community Housing Profiles for Twin Cities Metropolitan Area Page 3 of 8 Table 7: Racelethnicity by tenure and ape of householder, 2000 Owner- occupled units Renter- occupied units Age of householder Hispanic Hispanic White Nonwhite or Latino White Non -white or Latino 15 -24 years 1 8,4461 1,3441 405 35,2121 11,4871 3,089 25-34 1 103,4131 10,6581 2,628 1 65,8181 25,5241 5,954 3544 1 189,2081 14,5211 3,1101 42,0151 16,4231 2,883 45-54 1 166,6021 10,4881 1,8051 27,9401 8,1371 1,260 55-64 1 97,8461 4,7371 8391 14,6101 3,5951 474 65-74 65,810 2,2201 4431 12,5251 1,9661 241 75 and over 52,531 1,142.1 218 1 26,0871 1,1491 175 Total households 1 683.8561 45,110 9,448 1 224,2071 68,2811 14.076 Table 8: Occupied housing units by type and tenure Type of housing and 1990 2000 units in structure Owners I Renters Owners I Renters Single family, detached 1 605,3801 23.7161 602,952 I 21,782 Single family, attached 36,9271 17,849 1 67,384 i 17,052 Duplexes 1 10,9421 27,496 1 11,196 i 23,858 Buildings with 3 or 4 units 1 3.6021 18.578 1 6.018 I 18.398 Buildings with 5 to 19 units 1 5,9881 66,899 1 8,426 I 68,600 Buildings with 20 or more units 14.1161 122,990 17,893 1 141,431 Mobile homes 14.5791 842 1 15,078 1 1,172 Other units 1 2,4251 3,175 1 170 I 44 Total occupied housing units. 1 593.9591 281,545 1 729,117 1 292.337 Table 9: Measures of crowding by tenure, 2000 Measures of crowding Owner households Renter households 1.0 person per room or fewer 716,462 1 268,566 More than 1.0 person per room 1 12,655 1 23,771 Table 10: Value of owner occupied units, county assessors' data Value: Number of Number of units units In 2000 in 2002 Under $50,000 1 30,9831 .17,765 $50,000- $74,999 1 49,6661 12,875 j75,000-$99,999 111773 34 558 1 $100,000-$124,999 I 177,791 1 80,313 $125000- $149,999 1 139,888 1 154,971 $150,000- $174,999 1 81,124 1 148,539 $175,000- $199,999 1 51,3291 97,360 $200, 000-$249.999 1 57,657 1 107,043 j250,000-$299,999 1 27,387 1 55,566 $300,000- $399,999 1 21,521 418 48 I $400,000- $499,999 1 7,4951 17,193 $500,000 or more 1 7,538 1 17,391 Total owner units: 1 764.152.1 791.992 Source: County Assessors' database, Community Housing Profiles for Twin Cities Metropolitan Area Page 4 of 8 Table 11: Value of owner- occupied units, 2000 Table 12: Median value of owner occupied units Value of owner occupied units: Number of units 1990 value $86,111 Under $100,000 154,085 1990 value in 2000 $'s $110,018 $100,0004149,999 266,963 2000 value $140,507 $150,0004174,999 93,183 $175,000- $199,999 56,662 $200,0004299,999 101,208 $300,0004399,999 31,057 $400,0004499,999 12,218 $500,000 or higher 13,741 Total owner units: 729,117 Table 13: Monthly housing costs by mortgage status, 2000 Owner- occupied units with a mortgage Owner- occupied units with no mortgage Monthly housing costs Owner units Monthly housing costs Owner units Less than $300 1,138 Less than $200 6,709 $300 -$399 3,308 $200 -$299 44.680 $400-$499 7 77 7 300 -$499 50,168 $500 -$599 14,456 500 -$799 $600-$699 24,384 800 or more 11,823 $700 -$799 4,328 35,539 Total 117,708 $800 -$899 45,657 $9004999 49,709 $1,00041,249 116,064 $1,250$1,499 83,338 $1,500 or more 136,358 Total 517,728 Table 14: Median housing costs for owner occupied units Median monthly housing costs by mortgage status 1990 1990 cost in 2000 Vs 2000 With a mortgage $827 $1,057 $1,165 Without a mortgage $221 $282 $318 Table 15: Gross monthly rent paid, 2000 Table 16: Median gross rent Gross rent Number of units 1990 $482 Less than $200 16,173 1990 in 2000 $'s $616 $200 -$299 10,783 2000 $646 $300 -$399 13,410 $400 -$499 29,251.. $500 -$599 48,031 600- $699 51,119 $700-$799 40,021 $800 -$899 28,045 $900 -$999 17,621 $1,00041,249 19,383 $1,250 or more 11,484 Community Housing Profiles for TWin Cities Metropolitan Area Page 5 of 8 Table 17: Gross rents paid by number of bedrooms, 2000 Rent categories Number of bedrooms None I One I TWO I Three or more With cash rent 1 27,7881 125,0581 100,9411 31,534 Less than $200 2,7101 10,3481 2,3301 785 $200$299 1,8911 5,8481 2,0701 974 $3004499 9,5141 21,7561 8,0051 3,386 5 00 -$749 10,5221 63,0941 .41,0391 6,280 $750 -$999 2,0481 18,4361 34,1501 9,268 $1,000 or more 1,1031 5,5761 13,3471 10,841 No cash rent 2151 1,0681 2,0491 2,468 Total 28,0031 126,1261 102,9901 34,002 Table 18: Household Income by age of householder, 1999 Income Age of householder Under 25 1 25-34 1 35-44 1 45-54 1 55-64 I 65-74 175 and over Less than $10,000 7,5061 8,5761 8,260 I .6,886 1 6.1731 5,750 10,050 $10,000- $14,999 1' 5,2651 6,5251 5,2051 4,0411 3,3961 5 11,799 $15,000- $19,999 5,0061 7,5151 6,4741 4,3911 3,4571 6,4801 10,499 20.000$24,999 5,3991 10,2941 8,715 I 6,3931 4,7091 6,625 8,510 $25,000$29,999 1 5,2911 12,5451 10,8161 7,190 1 5,2901 6.5991 6,962 $30,000- $34,999 1 4,4821 13,6541 12,8301 8,9511 5,9681, 6,6781 5,712 $35,000$39,999 1 4,1701 12,7851 13.4501 8,3141 5,7471 5,662 4,686 $40.000- $44.999 3,6731 12,7441 14,0061 9,3101 5,8491 5,128 3,629 $45,000449.999 1 3,0431 12,2891 12,9101 8,8521 .5,5001 4,7031 2.972 $50.000$59,999 1 4,8471 24,3111 27,9241 20,3541 12,0421 7.686' 4,626 $60,000474,999 1 3,9851• 31,6871 40,6441 28.7471 .'15,5401 7,235 4.043 $75,000499,999 1 2,5761 30,0521 47.3401 39.4451 18,2921 6,657, 3.796 $100,000-$124,999 1 7321 11,5891 24.0151 24,6951 10,8481 3,343 1,554 $125,000- $149,999 1 .3641 4,7581 11,6661 12,8741 5.8601 1,630 794 $150,000- $199,999 1 771 3,2121 10,1661 10.7921 4,8511 1.311 634 $200,000 or more 1 1331 2,330 1 9,9071 11,2981 5,9881 1,733' 961 Total households 1 56,5491 204,8661 264,3281 212,5331 119,5101 83,008 81,227 Table 19: Median household Income by age, 1999 Age of householder Median household Income Under 25 years 1 $29,804 125-34 1 $51.906 35-44 $63,479 r5 -64 54 $70,551 $61,242 165-74 1 $38,357 `75 and older 1 $24,824 All households 1 $54.332 Community Housing Profiles for Twin Cities Metropolitan Area Page 6of8 Table 20: Housing costs as a percent of household income, 2000 Households paying less than 30% Households paying 30% or more 1999 Income of income for housing of income for housing Owners I Renters Owners I Renters Less. than $10,000 6771 7,293 8,421 1 27,070 $10,000419,999 1 11,7081 10,834 14,6851 39,796 $20,000- $34,999 35,8151 43,627 31,7131 33,007 $35,000-$49,999 61,8131 46,7951 27,4721 5,018 $50,000- $74,999 1 146,0541 42,381 21,4211 1,192 $75,000 -$99,999 1 115,4631 14,3991 5,8661 115 $100,000 or more 149.518.1 9,782 3,0231 39 Table 21: Households paying 35% or more of income for housing costs, 2000 Households paying of household Income Tenure for housing 35%-39.9% 40%-49.9% I 50% or more Owners 1 21,937 21,636 30,819 Renters 16,332 19,6101 46,498 Table 22: Households paying 30% or more of income for housing by age of householder, 2000 Age of householder Owner Renter Under 25 years 2,6241 20,938 25-34 20,4831 26,415 35-44 34,4641 17,703 45-54 1 23,811 1 11,024 55-64 13,621 1 6,714 65-74 9,8271 6,477 75 and older 7,771 16,966 Table 23: Poverty rates Poverty rates Below poverty level in 1989 Below poverty level in 1999 Number 1 Percent Number 1 i Percent Individuals 182,6801 8.1 %1 179,3161 7.4% Families 33,9381 5.8 %1 29,0901 4.6% Households 1. 68,7731 7.9 %1 65,7371 6.9% Table 24: Poverty status by age Age group Persons below poverty level in 19891 Persons below poverty level In 1999 Number Percent 1 Number I Percent Under 5 1 24,495 13.4 %1 17,0101 10.2% 5 1 4,8791 13.4°!°1 3,6971 10.6% 16-11 1 22,1391 11.1%1 22,2651 10.3% 112 -17 1 15,2451 9.2°!°1 19,1051 9.3% 18-64 1 99,431 I 6.9 %1 103,0451 6.6% 65-74 1 7,146 5.8°!°1 6,0301 4.9% 75 and over I 9,345 11.1°!°1 8,1641 7.9% Community Housing Profiles for Twin G'itles Metropolitan Area Page 7 of 6 Table 25: Poverty status by family type, 1999 Family type Number below Percent below poverty level poverty level Married- couale family 10,4191 2.0% -With related children underage 18 7,2351 2.7% No related children underage 18 3,1841 1.2% Male householder, no wife present 2,4791 7.7% -W With related children r n under a e 18 g 2,046 1 11.5% No related children under age 18 4331 3.0% Female householder, no husband present 16,1921 20.0% With related children under age 18 15,0311 28.0% No related children under age 18 1,1611 42% Table 26: Homeless population by county Scott and Year Anoka Dakota Hennepin Ramsey Carver Washington Total 2000 2591 1751 3,5921 9811 1001 1761 5,383 2002 1 2891 2381 3,6591 1,4291. 531 1031 5,824 Source: MN Dept of Children, Families and Leaming Quarterly Shelter Survey. Table 27: Year structure was built Year structure 1939 or 1940- 1950- 1960- 1999- 1970- 1980- 1990- 1995- March was built earlier 1949 1959 1969 1979 1989 1994 1998 2000 Totals Owner- occupied 1121,9831 42,380 1105,9611 83,461.11122551125,4781 64,6941 55,5921 17,293 729.117 Renter- occupied 1 52,8471 14,3591 28,1801 53,0201 70,7931 46,5511 14,4821 9,2341 2,871 1292,337 Table 28: Residential permits issued, 1970 through 2001 Type of residential pem>its issued Number of units permitted in: 19704979 11980-1989 11990 199411995 -19991 2000 1 2001 Single family, detached 1 88,4731 90,6561 53,8681 46,8351 9,557 j 8,746 Townhouse 1 16,3471 19,7051 7,1011 12,6101 3,3391 .3,287 Duplex 1 4,5691 5,9951 9461 1,1001 1601 160 Multifamily 1 61,616 61,6061 11,1111 17,7851 4,7101 5,988 Total permits 1 171,005 177,9621 73,0261 78,3301 17,7661 18,181 Source: Metropolitan Council Annual Buliding Permit Survey. Table 29: Residential demolitions, 1990 through 2001 Type of unit demolished 1 Number of demolitions Single- family, detached 1 6,571 Other residential 4,570 'Total 11,141 Source: Metropolitan .Council Annual Building Permit Survey. Community Housing Profiles for 7- County Twin Cities Metropolitan Area Page 8 of 8 Table 30: Job growth 1990 2000 Change change Employment 1,272,7731 1,562,8331 290,0601 22.8% Source: Minnesota Department of Employment and Economic Development (formerly Minnesota Department of Economic Security) and Metropolitan Council. Table 31: Wage Information, 2002 Wage group I Jobs Jobs paying $5.15 or less/hr N 30,050 Paying $5.16 to $11.04/hr 392,893 Paying $11.05 to $18.44/hr 471,376 Paying $18.45 to $29.49/hr 346,186 JPaying $29.50 to $36.87/hr 104,264 (Paying over $36.87/hr 186,185 Total jobs in community 1,530,954 Source: Minnesota Department of Employment and Economic Development (formerly Minnesota Department of Economic Security) and Metropolitan Coumcli. City Council Agenda Item No. 10m City of Brooklyn Center A Millennium Community MEMORANDUM DATE: January 5, 2005 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Approving a Joint Powers Agreement for Street Maintenance Activities and Authorizing Solicitation of Bids for 2005 Seal Coating In 2004, the City of Brooklyn Center participated in a Joint Powers Agreement with the cities of Coon Rapids, Andover and Columbia Heights for purchasing seal coating and other maintenance services. The intent of this agreement was to provide an opportunity to obtain lower unit bid prices by combining annual maintenance work for several communities into one project bid and promote a more competitive bidding environment. This arrangement provided an estimated savings of approximately 5 percent in 2004. A similar arrangement has been implemented with several cities in the south metro area for approximately eight years. In 2005 the ro osed Join w p p t Powers Agreement is open to other north suburban communities until mid- February 2005. The cities of Coon Rapids, Andover and Columbia Heights are expected to participate in the agreement again this year. Under the proposed Joint Powers Agreement, the City of Coon Rapids would administer the preparation of plans specifications and project bidding in 2005. Members would pay a fee ranging from one to two percent of their respective construction costs to the City of Coon Rapids for legal and administration costs for the contract. Each member community would provide a list of various street maintenance activities to the City of Coon Rapids in February 2005. All quantities of street maintenance activities would then be consolidated into one set of contract bid documents. Each member community would retain the ability to opt out of the contract by providing written notice to the Director of Public Works for Coon Rapids within sixty (60) days after a bid has been awarded as described in the attached copy of the proposed Joint Powers Agreement. The 2005 Budget includes funding within the Public Works Street Maintenance Division, the Infrastructure Construction Fund and the Municipal State Aid Fund for street seal coating work in 2005. The attached map illustrates the proposed locations for seal coating activities in 2005. Attached for City Council consideration is a resolution that would approve the Joint Powers Agreement described above and authorize staff to include the 2005 seal coating areas in the joint contract bid documents. 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.cityofbrook.lyncenter.org f Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A JOINT POWERS AGREEMENT FOR STREET MAINTENANCE ACTIVITIES AND AUTHORIZING SOLICITATION OF BIDS FOR 2005 SEAL COATING WHEREAS, the City desires to identify opportunities to collaborate with other municipalities for the purpose of reducing general street maintenance costs for the City of Brooklyn Center; and WHEREAS, representatives from the cities of Brooklyn Center, Andover, Coon Rapids, and Columbia Heights have developed a Joint Powers Agreement for the purpose of gaining a financial benefit by combining street maintenance work for bidding purposes in search of one common contractor; and 3 WHEREAS, the City of Brooklyn Center desires to participate in said Joint Powers Agreement and designate segments of street within Brooklyn Center to be included in a joint contract for bidding street maintenance work. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized to enter into a Joint Powers Agreement with other northwest metro communities, which the City of Brooklyn Center anticipates will include the cities of Coon Rapids, Andover and Columbia Heights for the purposes of providing street maintenance work. 2. The City of Coon Rapids shall prepare final contract bid documents to include Brooklyn Center's scheduled 2005 Seal Coating work and cause said work to be advertised for bids in accordance with state law. 3. 2005 Seal Coating work for the City of Brooklyn Center shall include segments of street approximately described as: 1) portions of the southeast area bounded by Logan Avenue on the west, I -94 on the east, 53 Avenue on the south and 57` Avenue on the north and 2) the Happy Hollow Neighborhood Area. 4. The estimated project cost for Brooklyn Center's portion of the contract is $134,700 and shall be charged to -the Public Works Street Maintenance Division, Infrastructure Construction Fund and Municipal State Aid Fund. RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. a JOINT POWERS AGREEMENT TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING SEAL COATING This Joint Powers Agreement "Agreement is by and between the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights and Fridley (hereinafter individually the "City" and collectively the "Cities"). WHEREAS, the Cities have a common need to maintain their streets; WHEREAS, the Cities have recognized that there is a financial benefit that will be realized should they combine together for bidding purposes in search of one common contractor; WHEREAS, Minn. Stat. 471.59 provides for the joint exercise of common or similar t powers by governmental units and also provides that any one governmental unit may perform on behalf of another governmental unit any service or function which that unit would be authorized to perform for itself; NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: 1. Purpose. The Cities agree that they have joined together for the purpose of obtaining a common contractor for certain street maintenance activities and with the expectation that the cost to each individual city would be less as a result of this Agreement. 2. Method. Subject to the provisions of this Agreement, Coon Rapids shall prepare any plans, specifications, bid proposals and advertise for bids for the placement of street traffic markings, street sweeping, crack sealing, screening and seal coating services. Shortly after the execution of this Agreement, Coon Rapids will provide each City with a bid form for the various street maintenance services. Within twenty (20) days after receipt of the bid form, each City shall provide to Coon Rapids their estimated quantities for the various street maintenance services anticipated during the summer construction season. A City that fails to return the bid form within twenty (20) days may be, at Coon Rapids' discretion, excluded from the bidding process. 3. Bid and Award. After receiving the bid quantities from each participating City, Coon Rapids shall prepare final plans and specifications and advertise for bids in accordance with state law. Coon Rapids shall tabulate the bids upon their receipt and make a recommendation of award to the Cities. The Cities shall have twenty (20) days after receipt of the recommendation of award to provide Coon Rapids with written approval or rejection of Coon Rapids' recommendation of award. Cities that reject or fail to respond to Coon Rapids' recommendation shall be excluded from the bid award. After receiving the approvals described herein, Coon Rapids shall award the street maintenance contracts pursuant to state law. 4. Opting Out. The parties hereto recognize that municipal funding sources and spending priorities may change throughout the bidding and award process. In recognition thereof, within sixty (60) days after a bid has been awarded, a City may opt out of any individual bid award and contract by providing written notice to the Director of Public Works, City of Coon Rapids, 11155 Robinson Drive, Coon Rapids, Minnesota 55433. 5. Responsibilities. Each City shall be responsible for: Preparing maps showing the proposed locations for these services located within their City including estimating the quantities. Preparing the streets for markings in accordance with the specifications and coordinating with the contractors as to the timing of the actual work. 2 Inspecting the contractors' work, measuring the quantities of work performed, approving and certifying the progress or final payments to contractors. Within ninety (90) days of written notification of a contract award, paying a percentage of each City's actual construction cost to Coon Rapids for legal and administrative costs on a sliding scale basis as follows: First $0 $50,000 2.0% $50,001 to $100,000 1.5% Over $100,000 1.0% 6. Payments. In accordance with the specifications, each contractor will submit a separate itemized invoice to each City for the work performed in that City. Each City shall pay invoiced amounts directly to the contractors and shall hold harmless Coon Rapids from any amounts owed. 7. Indemnification. The parties mutually agree to indemnify and hold each other harmless from all claims, demands, and causes of action of any kind of character, includin g the cost of defense thereof, resulting from the acts or omissions of their respective councilmembers, officers, officials, agents and employees relating to activities conducted under this Agreement. 8. Termination. Any party hereto may terminate its participation in this Agreement by adopting a resolution to that effect prior to February 1st of any year and transmitting a copy of that resolution to each of the remaining cities. In lieu of termination, a city may choose not to participate in all or a portion of the program in any year by not responding to any of the deadlines set forth in this Agreement or by opting out as provided in Section 4 herein. 9. Strict Accountability. A strict accounting shall be made of all funds, and reports of all receipts and disbursements shall be made upon request by any party hereto. 3 10. Representations. Each of the Cities represent that its governing body has duly authorized the execution and delivery hereof, and that upon such execution and delivery, this Agreement will be binding as against such party. 11. Miscellaneous. This Agreement constitutes the entire agreement of the parties on the matter related hereto. This Agreement shall not be altered or amended, except by agreement in writing signed by the parties hereto. If any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. This Agreement may be simultaneously executed in several counter partes, each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 12. No Joint Venture. This Agreement is entered into for the purpose of joint solicitation of bids and not for a joint undertaking of street maintenance projects. Street projects are not joint ventures of the parties and no City is liable or responsible for any claims for damages arising out of any such projects in another City. [Signatures on following page] 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the duly authorized officers of their respective governing bodies as of the day of February, 2005. CITY OF COON RAPIDS CITY OF ANDOVER By: B Tim Howe, Mayor Mayor By: By: Gerald G. Splinter, City Manager City Clerk CITY OF BROOKLYN CENTER CITY OF COLUMBIA HEIGHTS By: By: Mayor Mayor By: By: City Manager City Manager CITY OF FRIDLEY By: Mayor By: City Manager 5 t i... onr u.uuuunu °IIIIIIIII un nunnuul- 1�J ``.p 1■I III III U■ �i�i °ji /IIII,I,r i1 ►rn'1�p l r••■Itnu•_ t1A1 11! •H••u••• 1 r s p �ii� /I /II ri' ^I ittrt�! 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McCauley City Manager Date: January 6, 2005 Re: Local 86 Labor Agreement Negotiations with Local 86 for 2005 and 2006 have resulted in the proposed Labor Agreement. The proposed agreement reflects a 3% increase in wages for 2005 plus $5.00 per month for sergeants and a re- opener for wages in 2006. The re- opener for 2006 wages is due to the lack of settlements for sergeants in one of the comparable cities for 2004 that may impact comparability in the longer term. The proposed contract provides a 3% increase for lieutenants in 2005 and 2006 plus $45.00 per month in each of those years. In comparing with the cities used for comparison purposes, lieutenants and sergeants were below the average of the comparable cities. The additional $5.00 for sergeants and $45.00 for lieutenants bridges part of that gap with the average. Sergeants in 2004 were $10 per month below average using 2003 wage rates for Fridley. Lieutenants were $97 per month below average (in comparing lieutenants we use captains and lieutenants from 9 cities since Golden Valley as no comparable position). The contract also increases uniform/clothing allowances and increases court time from a 2 to a 3 hour minimum. We will be negotiating with all groups regarding retirement health care savings accounts. Those negotiations are intended to be cost neutral as we phase out the city's current policy to provide retiree insurance benefits at the City's cost. 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.cityolbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2005 -2006 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City has negotiated in good faith with LELS Local 86 (Lieutenants /Sergeants) for a contract for the year 2005 -2006 as attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to execute the attached contract with LELS Local 86 (Lieutenants /Sergeants) for calendar year 2005 -2006 with such language changes as may be necessary to clarify any terms, provided such language changes do not change the substance or monetary compensation set forth in the attached contract. BE IT FURTHER RESOLVED that authorized wage and benefit adjustments shall become effective according to the schedule of the agreement which commences January 1, 2005- 2006. Janu 10 2 ary 005 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 Master Labor Agreement Between City of Brooklyn Center And Law Enforcement Labor Services, Local Number 86 January 1, 2005 December 31, 2006 TABLE OF CONTENTS ARTICLE PAGE I Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Employer Security 1 5 Employer Authority 2 6 Union Security 2 7 Savings Clause 2 8 Constitutional Protection 2 9 Seniority 2 10 Work Schedules 3 11 Discipline 4 12 Employee Rights Grievance Procedure 4 13 Overtime 6 14 Court Time 7 15 Call Back Time 7 16 Working Out of Classification 7 17 Standby Pay 8 18 Leaves of Absence 8 19 Severance 8 20 Injury on Duty 9 21 False Arrest Insurance 9 22 Training 9 23 Post License Fees 9 24 Uniforms 9 25 Holiday Leave 9 26 Vacation Leave 10 27 Sick Leave 11 28 Insurance 12 29 Wage Rates 12 30 Benefits for Retirees 13 31 Mileage and Expense Reimbursement 13 32 Light Duty 13 33 Agreement Implementation 13 34 Waiver 13 35 Duration 13 ARTICLE 1 Purpose of Agreement This Agreement is entered into between the City of Brooklyn Center, hereinafter called the Employer, and Law Enforcement Labor Services, "Local No. 86 hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and /or application; and 1.2 Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2 Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statues, Section 179A.03 Subdivision 6, for all police personnel in the following job classifications: Sergeant 2.2 h the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 Definitions 3.1 Union: Law Enforcement Labor Services, "Local No. 86." 3.2 Union Member: A member of Law Enforcement Labor Services, "Local No. 86. 3.3 Department: The City of Brooklyn Center Police Department. 3.4 Employee: A member of the exclusively recognized bargaining unit. 3.5 Employer: The City of Brooklyn Center. 3.6 Chief: The Chief of the Brooklyn Center Police Department. 3.7 Union Officer: Officer elected or appointed by Law Enforcement Labor Services, "Local No. 86." 3.8 Overtime: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.9 Scheduled Shift: A consecutive work period including rest breaks and a lunch break. 3.10 Rest Breaks: Period during the Scheduled Shift during which the employee remains on continual duty and is responsible for assigned duties. 3.11 Lunch Breaks: A period during the Scheduled Shift during which the employee remains on continual duty and is responsible for assigned duties. 3.12 Regular Base Pay Rate: The employee's hourly or monthly base pay rate. 3.13 Strike: Concerned action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. ARTICLE 4 Employer Security The Union agrees that during the life of this Agreement the Union will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of or interference with the normal functions of the Employer. -1- ARTICLE 5 Employer Authority 5.1 The Employer retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel, to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 6 Union Security 6.1 The Employer shall deduct the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and. announcement(s). 6.4 The Union agrees to indemnify nd hold the Employer harmless against an fY g Y and all claims suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7 Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Brooklyn Center. In the event any provision of the Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 8 Constitutional Protection Employees shall have the ri g Y rights anted to all citizens b the United States and Minnesota Constitutions. ARTICLE 9 Seniority 9.1 Seniority shall be determined by continuous length of service in the job classification covered by this Agreement. Employees promoted from the classification covered by this Agreement to a position outside the bargaining unit will continue to accrue seniority under this Agreement until the completion of their promotional probationary period or for no longer than twelve (12) months. The seniority roster shall be based on length of service in the job classification covered by this Agreement. Employees lose seniority under this Agreement under the -2- following circumstances: resignation, discharge for cause, or transfer or promotion to a classification not covered by this Agreement after completion of the promotional probationary period or for no longer than twelve (12) months after transfer or promotion. 9.2 There shall be an initial probationary period for new employees of twelve (12) months. During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. The Employer shall give the Union and the employees at least two (2) weeks written notice in advance of any layoff. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of the layoff before any new employee is hired. 9.4 Senior qualified employees shall be given shift assignment preference after twelve (12) months of continuous full -time employment. Except as noted in the preceding sentence, shift assignments shall be bid on the basis of seniority at least annually and after any permanent change in the work schedule. Employees will not be subject to shift rotation more often than every four (4) months. If a special assignment's position is created, assignment to such position shall be opened for bidding on the basis of seniority for up to a two -year assignment in such position. A person shall not be eligible to bid or be assigned to such special assignment position more often than two years out of any six continuous year periods. [A special assignment position is one out of the normal shift rotation with primary emphasis on patrol management.] 9.5 One continuous vacation period shall be selected on the basis of seniority until April 1 of each calendar year. 9.6 The Employer shall recognize seniority as the primary factor when authorizing holiday leave and compensatory time leave. 9.7 No time shall be deducted from an employees seniority accumulation due to absences occasioned by an authorized leave with pay, any military draft or government call -up to Reserves or National Guard, or for layoffs of less than two (2) years in duration. ARTICLE 10 Work Schedules 10.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each employee through: a. hours worked on assigned shifts, b. holidays, C. assigned training, and d. authorized leave time. 10.2 Authorized leave time (including holiday hours) is to be calculated on the basis of the actual hours used for such leave based on the time that the employee would otherwise have been scheduled to work. -3 10.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. ARTICLE 11 Discipline 11.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a. oral reprimand; b. written reprimand; C. suspension; d. demotion; or e. discharge. Y 11.2 Suspension, demotions, and discharges will be in written form. i 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 11.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer. 11.5 A single disciplinary action for failure to attend training, court or tardiness will be removed from the personnel file after 18 months if, during that time, the single incident of discipline for failure to attend training, court or tardiness, is the only occurrence of discipline during that 18 month period. 11.6 Discharges will be preceded by a five (5) day suspension without pay. 11.7 For purposes of discipline, a day will mean eight (8) hours. 11.8 Employees will not be questioned concerning an investigation of proposed disciplinary action against the employee being questioned unless the employee has been given an opportunity to have a Union representative present at such questioning. 11.9 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article 12. ARTICLE 12 Employee Rights Grievance Procedure 12.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 12.2 Union Representatives The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when so designated as provided by 6.2 of this Agreement. -4- 12.3 Processing of a Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 12.4 Procedure Grievances, as defined by Section 12. 1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty -one (2 1) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer- designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer- designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be resented b the Union and discussed with Pp P Y the Employer- designated Step 2 representative. The Employer- designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waive. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer designated Step 3 representative. The Employer- designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer designated representative's final answer to Step 3 Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual Agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timeliness for Step 4 of the grievance procedure. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days of mediation shall be considered waived. -5- Step 4. A grievance unresolved in Step 3 or Step 3a and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 12.5 Arbitrator's Authority a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 12.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union in each step. ARTICLE 13 Overtime (Sergeant classification) 13.1 Employees will be compensated at one and one -half (1' /z) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. -6- 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest six (6) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the employee from so working. 13.7 When employees have less than twelve (12) hours of duty -free time between assigned shifts, they will be compensated at a rate of one and one -half (1%) times the employee's regular base pay rate for the next shift. For purposes of this Article, shift extensions, elected overtime, voluntary changes of shifts, City contracted work, training, and court time are considered as duty -free time. The twelve (12) hour requirement maybe waived by mutual Agreement between the Employee and the Police Administration. 13.8 As an option to monetary compensation for overtime, an employee may annually elect compensatory time off at a rate of one and one -half (1' /z) time. An employee's compensatory time bank shall not exceed forty (40) hours at any time during a calendar year. On or about December 1 of each year, the City will pay off by check the balance of compensatory time accumulated by each sergeant. No compensatory time will be accumulated or used during the month of December. Special overtime duty assignments made available to all employees by the Chief of Police at the employee's rate of compensation will not be eligible for compensatory time. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer- designated supervisor. 13.9 Employees given less than sixteen (16) hours notice of a scheduled duty change other than their regularly scheduled work period shall be compensated at one and one -half (1%) times the employee's regular pay rate for hours worked outside of the scheduled work period. ARTICLE 14 Court Time An employee who is required to appear in court during their scheduled off -duty time shall receive a minimum of three (3) hours pay at one and one -half (1%) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for court appearance does not qualify the employee for the three (3) hour minimum. Employees shall not be required to work office or street duty to qualify for the court time minimum. An employee who is required to appear in court during their scheduled off duty time shall be given 12 hours prior notification of cancellation of the court appearance. If the notification is not given 12 hours prior to the scheduled court time, the employee will receive the three (3) hour court time minimum. ARTICLE 15 Call Back Time An employee who is called to duty during their scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one -half (1 %2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hours minimum. ARTICLE 16 Working Out of Classification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job -7- classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 17 Standby Pay Employees required by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. ARTICLE 18 Leaves of Absence 18.1 In cases of demonstrated need and where sick leave has not been abused, the Employer shall grant to employees a leave of absence without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence, the Employer will not permanently fill the employee's position and the employee's benefits and rights shall be retained. 18.2 An employee called to serve on a jury shall be reimbursed the difference between the amount paid for such service (exclusive of travel and expense pay) and compensation for regularly scheduled working hours lost because of jury service. 18.3 Employees ordered by proper authority to National Guard or Reserve Military Service not exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence without loss of status. Such employees shall receive compensation from the Employer equal to the difference between his /her regular pay and the lesser military pay. 18.4 Employees called and ordered by proper authority to active military service in time of war or other properly declared emergency shall be entitled to leave of absence without pay during such service. Upon completion of such service, employees shall be entitled to the same or similar employment of like seniority, status, and pay as if such leave had not been taken, subject to the specific provisions of Chapter 192 of the MN Statutes. 18.5 Members of the bargaining unit will receive such additional leaves as provided for under State or Federal law, as the same laws may be amended from time to time. 18.6 Additional leaves of absence may be granted in the City Manager's discretion upon the same terms and conditions as then applicable to non -Union employees pursuant to the City's Personnel policy applicable to non -Union employees at the time of application for a leave of absence. ARTICLE 19 Severance 19.1 An employee shall give the Employer two (2) weeks notice in writing before terminating his employment. 19.2 Severance pay in the amount of one -third (1/3) the accumulated sick leave employees have to their credit at the time of resignation or retirement, times their respective regular pay rate, shall be paid to employees who have been employed for at least five (5) consecutive years. If discharged for just cause, severance pay shall not be allowed. -8- ARTICLE 20 Injury on Duty Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the employee's regular pay and Workers' Compensation insurance payments for a period not to exceed 720 hours per injury, not charged to the employee's vacation, sick leave, or other accumulated paid benefits, after a three (3) working day initial waiting period per injury. The three (3) working day waiting period shall be charged to the employee's sick leave account less Workers' Compensation insurance payments. ARTICLE 21 False Arrest Insurance The City of Brooklyn Center shall maintain liability insurance that includes a provision for unlawfully detaining an individual when an employee is acting within the scope of their duties on behalf of the City of Brooklyn Center. ARTICLE 22 Training 22.1 The Employer shall reimburse each employee who is required to maintain a license as a law enforcement officer under Minnesota Statutes, Section 626.84, et sec.., for actual expenses of tuition, meals, travel, and lodging incurred in meeting the continuing education requirements of the Minnesota Police Officers Standards and Training Board, not to exceed 48 hours of such training every three (3) years. The Employer need not make such reimbursement for attendance at a course located less than sixty (60) miles from the City of Brooklyn Center and such reimbursement shall not exceed similar allowances for state employees. If the Employer provides in- service training to its employees which meets the continuing education requirements of the Minnesota Police Officers Standards and Training Board, and if the Employer provides its employees with an opportunity to attend such in- service training courses, to the extent that such opportunity is provided to each employee, the obligation of the Employer to reimburse such employee for expenses incurred in attending continuing education courses shall be reduced. 22.2 The Employer shall pay each employee their regular salary while attending continuing education courses whether or not such courses attended are in- service training courses or courses given by instructors other than the Employer. The obligation of the Employer to pay such salaries shall not exceed a total of forty-eight (48) hours every three (3) years. ARTICLE 23 Post License Fees The Employer shall pay up to $90 for the cost of POST license fees for all employees requiring such license during each licensing period. ARTICLE 24 Uniforms The Employer shall provide required uniform and equipment items. In addition, the Employer shall pay to the uniformed officers a maintenance allowance of $120.00 per year for 2005 and $125 per year in 2006. Plainclothes officer(s) shall be paid a clothing allowance of $540.00 per year for 2005 and $560 per year for 2006. ARTICLE 25 Holiday Leave 25.1 Employees shall receive eight (8) hours of holiday leave per month. Ninety -six (96) hours of holiday leave shall be advanced to employees on January 1 St of each calendar year beginning -9- on January 1" 2002. In the event an employee is not employed for the entire calendar year, the employee's holiday leave shall be reduced by eight (8) hours for each full month that the employee will not have worked in that calendar year. 25.2 Employees may use holiday leave with the approval of the Employer. 25.3 An employee who works on Martin Luther King, Jr. Day, Memorial Day, Independence Day, or Labor Day shall receive time and one -half (1' /2) employee's regular pay rate for all hours actually worked during the named holiday. 25.4 An employee who works on New Year's Day, Thanksgiving Day, or Christmas Day shall receive two times the employee's regular pay rate for all hours actually worked during the named holiday. 25.5 Except as provided in 25.3, overtime pay shall not be authorized for employees for hours worked on holidays when such work is part of the planned schedule. 25.6 An employee may request a holiday off, which he /she is required to work, prior to fourteen calendar days before the holiday. The Employer shall post the open holiday shift to be filled by another employee at the holiday rate of pay. The employee making the request for the holiday off is responsible for working the holiday if the posting is not filled five (5) days prior to the holiday. 25.7 Employees beginning employment after January 0 of a calendar year shall receive eight (8) hours of holiday leave per month beginning on the first month in which they are working as of the first day of that month. Such employees shall receive an advance of holiday leave hours equal to eight (8) hours multiplied by the number of whole months they will work through December of the year in which they were first employed. 25.8 Any holiday leave not used on or before December 31 of each year will be deemed forfeited and shall not carry over into the next calendar year. ARTICLE 26 Vacation Leave 26.1 Permanent full -time employees shall earn vacation leave with pay as per the following schedule: 0 through 10 years of service one hundred twenty (120) hours per year (accrued at 4.62 hours per pay period) eight (8) additional hours per year of service to a maximum of one hundred sixty (160) hours after fifteen (15) years of service 11 years 4.92 hours per pay period 12 years 5.23 hours per pay period 13 years 5.54 hours per pay period 14 years 5.85 hours per pay period 15 years 6.15 hours per pay period -10- 26.2 Employees using earned vacation leave or sick leave shall be considered working for the purpose of accumulating additional vacation leave. 26.3 Vacation may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. Employees shall not be permitted to waive vacation leave and receive double pay. 26.4 Employees with less than five (5) years of service may accrue a maximum of one hundred twenty (120) hours of vacation leave. Employees with more than five 5 but less than fifteen (15) consecutive years of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of one hundred sixty (160) hours of vacation leave. Employees with fifteen (15) consecutive years or more of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of two hundred thirty (230) hours of vacation leave. 26.5 Employees leaving the service of the Employer in good standing, after having given the Employer proper notice of termination of employment, shall be compensated for vacation leave accrued and unused. ARTICLE 27 Sick Leave 27.1 Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight (8) hours per month or 96 hours per year (computed at 3.69 hours per pay period) of full -time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use during the first six (6) months of service. 27.2 Sick leave shall be used normally for absence from duty because of personal illness or legal quarantine of the employee, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents -in -law, spouse, or children of the employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers -in -law, sisters -in -law, grandparents, grandparents -in -law, and grandchildren of the employee. 27.3 Sick leave shall accrue at the rate of eight (8) hours per month or ninety -six (96) hours per year until nine hundred sixty (960) hours have been accumulated (shall be computed at 3.69 hours per pay period). Effective January 1, 1994, after nine hundred sixty (960) hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month or forty- eight (48) hours per year (computed at 1.85 hours per pay period), and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month or twenty -four (24) hours per year (computed at .925 hours per pay period). Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workers' Compensation benefits shall be credited against the compensation due employees utilizing sick leave. 27.4 In order to be eligible for sick leave with pay, an employee must: a. notify the Employer prior to the time set for the beginning of their normal scheduled shift; -11- b. keep the Employer informed of their condition if the absence is of more than three (3) days duration; c. submit medical certificates for absences exceeding three (3) days, if required by the Employer. 27.5 Employees abusing sick leave shall be subject to disciplinary action. ARTICLE 28 Insurance 28.1 2005 Full -time employees Effective 111105, the City will contribute payment of six hundred five dollars ($605) per month per employee for use in the Employer's Cafeteria Benefit Plan. Additional benefits may be purchased by the employee as made available through the Employer's Cafeteria Benefit Plan. 28.2 2006 Full -time employees Effective 1/1/06, the City will contribute 60% of the first $80 of insurance premium increase over the $902.97 premium cost of the Medica Family Elect Plan in 2005 and 50% of the amount of monthly premium increase above $80 per month per employee for use in the Employer's Cafeteria Benefit Plan. 28.3 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use as provided in the Employer's Cafeteria Benefit Plan. The Employer will make a good faith effort to provide the following options for employee selection: group dental, supplemental life, long -term disability, deferred compensation or cash benefits. The Employer will be excused from the requirement of offering a particular option where such becomes unfeasible because of conditions imposed by an insurance carrier or because of other circumstances beyond the City's control ARTICLE 29 Wage Rates Sergeant- Date Sergeant Rate 1/1/05 3 5 /month $34.28 /hour 1 1 /06 re- opener Lieutenant Date Lieutenant Rate 1/1105 3% 45 /month I $6,370 $6,673 /month 1/1/06 3 $45 /month $6,606 $6,918 /month -12- New hires in the Lieutenant classification will be paid at minimum starting wage, be on probation for one year and after successful completion of probation will receive a pay increase to the maximum pay. ARTICLE 30 Benefits for Retirees Retirees at the time of retirement, shall receive the same options and level of City contribution for insurance coverage upon retirement as are provided by the City's Personnel Policy covering non Union employees as such options and contributions may be changed by the City from time to time. ARTICLE 31 Mileage and Expense Reimbursement Employees shall receive the same mileage and expense reimbursement rates upon the same terms and conditions as generally provided in the City's Personnel Policy covering non -Union employees as such policy may be changed by the City from time to time. ARTICLE 32 Light Duty Members of the bargaining unit will be eligible for temporary light duty assignment upon approval of the City Manager upon such terms and conditions as would apply to non -Union employees of the City as set forth in the City's personnel policy, as the same may be amended from time to time by the City. ARTICLE 33 Agreement Implementation Employer shall implement the terms of this Agreement in the form of a resolution. If the implementation of the terms of this Agreement require the adoption of a law, ordinance, or charter amendment, the Employer shall make every reasonable effort to propose and secure the enactment of such law, ordinance, resolution, or charter amendment. ARTICLE 34 Waiver 34.1 Any and all prior Agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded 34.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 35 Duration This Agreement shall be effective as of January 1, 2005 and shall remain in full force and effect until the thirty -first (3 1) day of December 2006, as noted in the contract. -13- IN WITNESS THERETO, the parties have caused this Agreement to be executed this day of 2005. FOR LAW ENFORCEMENT LABOR SERVICES NO. 86 Business Agent Union Steward Union President FOR THE CITY OF BROOKLYN CENTER Mayor City Manager -14- City Council Agenda Item Na 100 City of Brooklyn Center A Millennium Community MEMORANDUM DATE: January 6, 2005 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Amending the City of Brooklyn Center Special Assessment Policy Regarding Commercial and Industrial Parcels Background For 40 years, a Special Assessment Policy has guided matters regarding the use of special assessments for capital improvement projects in Brooklyn Center. This Policy has been periodically amended by separate resolutions over the years. The current form of the Policy has been successfully applied to various types of street and utility projects. Since 1994 a majority of the s treet and utility i in he Cit Capital y s t ty projects included t ty p Improvements Program have included the reconstruction of residential neighborhoods. The current Capital Improvement Program includes several larger collector type streets located in commercial areas. Staff has reviewed the current Special Assessment Policy as it applies to these collector street projects and is recommending some modifications to the Policy. A copy of the City of Brooklyn Center Special Assessment Policy is attached. Section I.C. provides a comprehensive description of the requirement that special assessments can be levied against benefited properties to the extent that project costs can be deemed to benefit the properties. This section also provides a description of the difference between "project cost which essentially includes all costs for a project, and "assessable cost which is the portion of the project cost that can be attributed to the need for service. Proposed Changes The policy for calculating special assessments along Municipal State Aid streets is provided on Page 4 of the attached Policy. Subsection 2. b. on page 4 provides for special assessment levies of 70 percent of the total project costs to commercial or industrial properties within a project 301 Shingle Creek Parkway arkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org area. Staff is recommending the addition of language to provide more flexibility in calculating special assessments to avoid assessment amounts that could potentially exceed the benefit provided by a given project. Staff is also recommending that the existing provisions contained in the Policy for funding of the portion of the project costs that are not assessed be removed from the Policy as shown on pages 4 and 5 of the attached document. The City currently has several options for funding the portion of projects that are not assessed, including the Street Construction Fund, Municipal State Aid Fund, grants, street maintenance budgets and other financial resources. Staff feels that the portion of the policy that is proposed to be removed is too prescriptive and does not reflect the current project funding options available today. Application of Revised Policy The current policy has worked well for past commercial projects located along smaller city streets such as Earle Brown Drive. These streets have primarily served as access routes to adjacent properties. The closure of these streets would not radically change the overall traffic patterns of the City as a whole. This assumption is not necessarily true for a roadway similar to the southern portion of Shingle Creek Parkway, which is a 4 -lane divided collector roadway that conveys a high level of traffic through the City. A portion of Shingle Creek Parkway can be deemed to serve as access to the adjacent properties, but it may be difficult to defend the assumption that the entire roadway is attributed to the need for service to only the adjacent properties. The proposed modifications to the Special Assessment Policy as outlined above would allow staff to calculate a portion of the total project cost for collector streets that should be applied to the special assessment formula for adjacent properties. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE CITY'S SPECIAL ASSESSMENT POLICY REGARDING COMMERCIAL AND INDUSTRIAL PARCELS WHEREAS, the City Council by Resolution No. 94 -274 adopted on December 19, 1994, a Special Assessment Policy establishing policies and procedures relating to public improvements an public improvement f and inancin p p p g, WHEREAS, the City Council has from time to time amended said policy; and WHEREAS, the City Council desires to amend the policy to allow for the establishment of special assessment levies for commercial or industrial properties that are consistent with the benefit rovided r flexibility in b a ublic im improvement project and to allow for reate p Y p P p J g funding public improvement projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City's Special Assessment Policy is hereby amended as follows (underline indicates new matter; strikethrough indicates matter to be deleted): SECTION II. SURFACE IMPROVEMENTS B. Assessment Formula for Surface Improvements 2. Municipal State Aid Streets b. For properties which are commercial or industrial in project areas which are primarily residential in character, and for those properties in commercial areas: 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 nrooerties in accordance with Section 1.c. Th B fee kl yn r °„t °r M 1 State Aid Fund und r t w ill be li fee the rraranining -30 1�1 1.{lllt/1 per 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 benefit the bronerties in accordance with Section l.c. while the residential properties will be assessed in accordance with Subsection 2.a of these policies. 3. Other Streets b. Unle e b the City G ;l be ei4ies w this V 111 V j h-2 _ASse sa l cd fo r- 7 0 per-eent of th to tal pfejeet -$est. The Brookly Ce n ter- Ti tti i, ipa State Aid Fund 1.x f4 will be liable for the r fig 30 vvucvl pefeent of r pfeje eest RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT POLICY TABLE OF CONTENTS SECTION I. GENERAL POLICIES 1 A. Initiation of Public Improvement Projects 1 B. History 1 C. Financing and Assessment Policies Applicable to all Types of Improvements I SECTION IL. SURFACE IMPROVEMENTS 2 A. Standards for Surface Improvements 2 B. Assessment Formula for Surface Improvements 3 1. Residential Streets 3 2. Municipal State Aid Streets 4 3. Other Streets 4 4. Alleys 5 SECTION III. SUBSURFACE IMPROVEMENTS 5 A. Standards 5 B. Water Mains 5 C. Sanitary Sewer 6 D. Storm Drainage 6 SECTION IV. ASSESSMENT DEFERRAL PROGRAM 8 A, Eligibility 8 B. Calculation 8 C. Interest 9 D. Termination 9 SECTION I. 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 benefitted 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 credit attributed to remaining useful life expectancy or to that part of the improvement deemed to benefit the community as a whole. September, 2001 Page 1 City of Brooklyn Center Special Assessment Policy 3. Terms of special assessments shall be as follows: a. Street improvements 10 years b. Bituminous alley improvements 10 years Concrete alley improvements 20 years C. Water and sanitary sewer hookups and improvements 10 years d. Storm sewer improvements 10 years Interest is charged at a rate established by the City Council at the time of certification of the levy. SECTION II. SURFACE IMPROVEMENTS Surface improvements shall include grading and base construction, sidewalks, curb and gutter, surfacing, resurfacing, undergrounding overhead utilities, landscaping, beautification, and street lighting. A. Standards for Surface Improvements 1. Arterial streetsXshall be of "9 ton" design, 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 streetsX(including commercial and industrial access streets) shall be of "7 ton" design, or "9 ton" design, 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 streetsXshall be of "5 ton" design, 30 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 "5 ton design. Alleys 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 to the next intersecting street exceeds 700 feet, or when it is determined that a special public safety benefit would accrue. September, 2001 Page 2 City of Brooklyn Center Special Assessment Policy B. Assessment Formula for Surface Improvements The assessments to be levied against properties within the benefitted areas shall be distributed to those properties on the basis of the following provisions: 1. Residential Streets I 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: 1. For reconstruction or resurfacing of a residential street, the average cost of a typical similar project shall be multiplied by the Council's designated proportion to be assessed. The total assessed shall be divided by the average number of lots to be assessed to determine the unit assessment. 2. Absent any other policy changes, such as an increase in the proportion of cost to be assessed, the unit assessment shall be adjusted annually to reflect cost of living increases as measured by the Construction Index. b. For residential properties zoned R2, the assessment shall be applied on a front foot basis, said unit being calculated as follows: The R1 unit assessment shall be divided by 75 feet, to determine the front foot rate. The minimum assessment for an R2 property shall be the Rl 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 ro erties, commercial, industrial, institutional, or special use P P properties, the benefits and resulting assessments shall be determined on an individual project basis. e. For those properties zoned R1 or R2 having frontage on two or more streets, special assessments shall be levied for improvements on only one of those frontages, at the owner's choice. For example, a property on the corner of A street and B Avenue may choose to be assessed when A street is improved, or B Avenue, but not both. September, 2001 Page 3 City of Brooklyn Center Special Assessment Policy 2. Municipal State Aid Streets a. For properties that are not commercial or industrial in project areas which are primarily residential in character: 1. Benefitting 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 t 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, benefitting properties within this category will be assessed for 70 percent of the total project cost deemed to benefit the vroperties in accordance with Section l.c. The uro„vl.,,, rn„tnr r,r,,,,ieip State Aid F r gu l a r aeeoua w ill b liable for the F ema i n i n g 30 r,nrcoPA of the p cost 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 benefit the nronerties in accordance with Section Lc, while the residential properties will be assessed in accordance with Subsection 2.a. of these policies. 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, as detailed in Subsection 2.b above. September, 2001 Page 4 City of Brooklyn Center Special Assessment Policy b. benefliting properties within this sateger -y will be for- 70 PeFeepA of the tetal project -eost. The Br-ook4 if Center A„nieipal State Aid Fund Weal aoeoupt will be liable fnr the ua vviu7 C. 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 i 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. SECTION III. 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). Service lines to the property line of each known or assumed building location shall be installed in conjunction with the construction of the mains. September, 2001 Page 5 City of Brooklyn Center Special Assessment Policy 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 city -wide or area improvements such as distribution mains, wells, above ground storage, and elevated storage tanks, 1. For those improvement projects where existing main or appurtenances are repaired or replaced, including service replacement to the property line, no special assessments shall be charged. The full cost of said improvements shall be financed by the Water Utility Fund. 2. For those improvement projects where main or appurtenances are installed to provide new service to previously unserved properties, the full cost of said improvement shall be assessed, with the basis being the Engineer's determination of benefit to each newly served property. 3. All properties connecting to the water system shall be charged a connection charge as per the most current utility rate structure. Properties without services shall be responsible for the full cost of installing service from the main to the building. C. Sanitary Sewer All properties shall be assessed their share of the cost of installing sanitary sewer laterals to serve the property and the cost of installing the sanitary sewer service line between the street and the property line. In addition, all properties shall be assessed their share of city- wide or area improvements such as interceptors and pumping stations. 1. For those improvement projects where existing lateral or appurtenances are repaired or replaced, including service replacement to the property line, no special assessments shall be charged. The full cost of said improvements shall be financed by the Sanitary Sewer Utility Fund. 2. For those improvement projects where lateral or appurtenances are installed to provide new service to previously unserved properties, the full cost of said improvement shall be assessed, with the basis being the Engineer's determination of benefit to each newly served property. 3. All properties connecting to the sanitary sewer system shall be charged a connection charge as per the most current utility rate structure. Properties without services shall September, 2001 Page 6 City of Brooklyn Center Special Assessment Policy be responsible for the full 1 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, as established in subsection B.1.a. September, 2001 Page 7 City of Brooklyn Center Special Assessment Policy SECTION IV. ASSESSMENT DEFERRAL PROGRAM There shall exist a program to defer 'a portion of the special assessments of qualifying persons lznder the provisions of Minnesota Statutes 435.193 through 435.195. Said program shall defer the )ayment of a portion of certified special assessments by property owners who are at least 65 years of ige or older or who are retired due to permanent and total disability whose households meet certain inancial characteristics. L 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 AVery 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 -2 percent of the applicant's annual income. B. L 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 -2 percent of the applicant's annual income. The portion of the current levy which can be paid without aggregating total installments above 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 -2 percent aggregate payment defined in paragraph B.1. above. Pa e 8 September, 2001 g City of Brooklyn Center Special Assessment Policy C. Interest Simple interest at the rate of that particular assessment levy shall be added to the deferred assessment, calculated from the date interest started to accrue on the original levy (usually the October 1 immediately following the certification date) to the date of payment of the deferred portion of the assessment. D. Termination The option to defer the payment of special assessments shall terminate and all amount accumulated plus applicable interest, shall become due upon the occurrence of one of the following events: 1. The death of the owner, provided that the spouse is otherwise not eligible for the benefits. 2. The sale, transfer, or subdivision of the property or any part thereof. t 3. If the property should for any reason lose its homestead status. '--.4,. The City Council determines that a hardship no longer exists. September, 2001 Page 9 AGENDA CITY COUNCIL WORK SESSION January 10, 2005 Immediately Following Regular City Council Meeting at '7:00 P.M City Council Chambers 1. New Council Member Orientation a. Council Members' Presentation/Discussion: i. City Council Goals for 2005 1. City Council goal setting retreats 2. Process ii. City Council group process 1. Council decision process 2. Council protocols during meetings 3. Council commissions and liaisons iii. City Council Retreat 1. February 4, 2005 iv. City Council working under the City Charter through the City Manager and not through staff members b. City Manager Presentation: i. The differences between statutory and home rule charter cities ii. Open meeting law iii. Data practices iv. Conflict of interest v. Funds: Enterprise, EDA, HRA etc. vi. Miscellaneous 2. Council Member Niesen: discussion of Citizen's League Report 3. Miscellaneous 4. Adjourn City of BROOKLYN CENTER 2005 City Council Goals The City Council adopted the following goals at its September 13, 2004, meeting. Goals 1 and 2 become the "super ordinate goals" that will be absorbing most of the Council's leadership and the municipal staffs management capacity during 2005. Goals 3 and 4 are reflective of the Council's commitment to sustain the efforts these goals addressed because of their extreme importance to the community. Goal No. 1: Create a New Brooklyn Center "Downtown" Blueprint. (Opportunity Site Brooklyn Center's Central Business District) Goal No. 2: Continue Funding of Community Services. 3 Goal No. 3: Sustain Code Enforcement, Crime Prevention, and Traffic Enforcement Efforts. Goal No. 4: Continue the Street Reconstruction Program. i city pre- SIX REASONS fact, en the unique pressures and ccnstr .ims imposed on this relation- WHY 1 T' S BEST TO S hip, tr.e wo groups probably need even Key WORK THROUGH b ived .:ore actured Quidance than most. 'CeP THE MANAGER ome A LOT OF RULES, BUT WHY I'm a luck) city manaer. I work for an j DO WE NEED THEMt hese y g 0 Eder- excellent city council. councilmembers For�.:nately nearly all local J overn nost take pride in promoting a tradition of merits :nave some formal rules in place, d on community civility. They do their and rr,ually all such rules advise coun homework, serve for the right reasons, cilme,::bers ta work through city and n be and have a sense of humor. They are i county :managers and department heads Lent, supportive of staff, and they trust me. I on most organizational matters. Even s on can talk to them about almost anything with ail the rules, however, something issa- In such a healthy council -staff environ- significant is missing. nan- ment, councilmembers get to know and Based on my research (admittedly than trust many staffers, and a smart man- j not ccmorehensive, but I did check I an- ager wouldn't want to lose the feeling of j with C the League of California a friendly, open organization. Cities, various trainers, and'California So why is it necessary sometimes to city managers via an e -mail inquiry), remind our active and sincere coun- [here seems to be no prepared explana- cilmembers to work through my office Lion for why such rules are important was or through department heads when and how they preserve trust and benefit 30 seeking information or expressing in- everyone involved in the relationship. ork- terests and concerns? And why do I feel In the absence of such context, the The so awkward when I do? rules come across as, well, cold rules— i with Maybe it's because, no matter how a list of dos and don'ts designed to keep ,bas- diplomatically I express a desire that is everyone in line. .l be This "context void" seems to be j consistent with our Formal council poll- j :lass Gies and procedures, it can come across widely perceived by managers, and as a trust- and control issue. And since many of them have asked me to send ador the councilmembers trust the staff, why them anything that I might find on the iver- shouldn't staff [rust councilmembers? 1 subject. Because I was unable to find 90 After all, their motivation is typically anything already written, however, I I r the to avoid bothering me (or department 1 have been forced to do a little more .way heads) with the small stuff. What's work. With the aid of some helpful elves there to hide? I guess this is where I am managers, then, here are a half- dozen tees; supposed to exclaim, `But it's not about reasons why everyone's best interests tings trust and control!" In truth, however, it are served when councilmembers work olice is, and here is why. through the manager and/or depart- are ment heads to gather information or sur- address concerns. ss of TRUST AND CONTROL i The jewel in a healthy local government Reason 1. Because city managers how j environment is trust. With trust, we cannot be on top of things if they are spend our time working together to don't know what the things are. ty in solve problems and to get good things Count: l nembers correctly expect man city done for the community. Without trust, agers to be on top of things. But if coun cunt problems multiply, and the time spent -.ii ^,.embers bypass the manager to make nets, solving them prevents work on more requests of staff or to express concerns .n to cons[rucave items. tc staff, Cnen the manager cannot possi- long Preserving trust in any relationship, bly be sufficiently aware of their interests E v e world's r nal o professional, o- °-n en the greatest e so r essional re uires that �o:.�... s E P P q o we exercise a P rudent amount of control local ,overnment manager cannot assure Nest w w n a m• response to a councilmember's in ho e communicate. The council- n s P �r. =r� naQer is not aware of staff relationship s no exception. In q�. y the ma b i P P the request in the first place. Sure, staff only inconsisten made through the rassing situations —or worse for members can inform the manager of the manager, ther..':_c likelihood of in- the staff members involved. After a request, but this roundabout way of equities cropp up over time is high. Reason 5 scenario has occurred, a staff j communication raises the chances of This leads us to Reason 4. member who later learns that he pro- miscommunication. vided incorrect or incomplete informa- Reason 4. Because councilmem- Lion feels embarrassed. In fact, a staff Reason 2. Because bypassing the bers are often perceived as having member who learns that she violated manager can give the impression "awesome power" and, therefore, some staff council communication rule that there is a problem in the direct requests can lead to surpris- is not only embarrassed but also wor- council- manager relationship, and ing and negative unintended conse- ried that she might be perceived as act- this perception can undermine quences. Councimembers may con- ing politically and undermining her both the manager's credibility tact staff people in a department to bosses. within the organization and the re- make what they perceive to be "simple A staff member who incorrectly spect that the staff feels for the requests for information," only to find completes excessive work at the direc- councilmember. If a councilmember these requests later perceived as orders tion of an individual councilmember (or members) consistently goes directly to do something never intended by the may perceive him- or herself to be "in to other staff members with issues, councilmembers, trouble," especially if they have failed these harmful perceptions may evolve: This is especial y possible when di- to notify their bosses or failed to com- 1) the councilmember does not like to rect contacts are made with staff below plete other assigned work as a result. work with the manager; 2) the coun- the department -head level. Coun- cilmember does not trust the informa- cilmembers are t,, i.ically surprised by AN UGLY TRUTH, BUT NOT tion provided by the manager; 3) the such overreactions and by the complica- FOR MOST manager is ducking his or her responsi- tions and rumors that can result (be- There is one unfortunate truth that bility and just "passing the buck 4) cause they know thev don't have that needs to be recognized: not everyone is the councilmember does not play by much power). But to the staff member sincere or competent in council -man- the rules and seeks special treatment; who seldom has contact with the alter relationships. There are coun- and/or 5) it must be okay for staff to go higher -ups, the mayor and councilmem- cilmembers who deliberately try to un- around the manager because coun- bers are as "high up" as they come. dermine the system, and there are cilmembers do it. Such impressions will managers who are not responsive to weaken a manager's credibility and au- Reason 5. Because direct coun- councilmember inquiries. For such thority in the organization or reflect cilmember contact with staff mem- people, this article will not help, and poorly on the councilmember, or both, bers below the department -head any solution probably needs to be level boosts the likelihood of get- found through a closed- session discus Reason 3. Because it is not possible ting erroneous or incomplete infor- sion but not through short- cutting the for managers to treat all coun- mation. The further a councilmember system. cilmembers equally if the manager reaches beyond the manager or depart- Fortunately, most elected officials is unaware of the treatment that ment head, the more likely he or she and managers want the system and the one councilmember is getting. Man- j will communicate with someone who relationships to work in the best possi- j alters are in the highly unusual position i has significantly less familiarity with ble way. To achieve this end, is it neces- j of having many, equal bosses, and the the legislative process, the deeper con- sary for every little thing to go through expectation of equal treatment by each text of various iocal government issues, the manager? No. What is required, of those bosses is not only extremely the cross departmental stakeholders however, is an understanding between high but also entirely appropriate. I who should be consulted, and the local the council and the manager as to what Equal treatment includes providing rules for staff council communication. differentiates a tittle thing from a big- councilmembers with the same infor- Combine these differences with the ger thing. This can only be achieved if mation, the same levels of support, and "awesome power -.l.enomenon, and the elected officials and manager are the same accessibility to the staff in the margin for a mistake in responding regularly talking and if there is a true general.. Thus, when an elected council- to the ccuncilmember climbs subsian- commitment by all to play by the rules. for goes through the manager in mak tially. On the other ''-rand, a manager can Such rules are worthy of commit ing a request, the manager can judge if provide one stop se7� ice, saving time ment, and we can help uphold an excel- the desired information should be while producing beaer, more complete lent system while still preserving city shared with all councilmembers. information. hail as an open, friendly, helpful place. The manager can also judge whether b i Ken Hampian a request for staff work is consistent Reason 6. Because such direct City Man er g with council policy or if the full council councilmember contact also can in- San Luis Obispo, California should direct such work. If requests are advertently cause awkward, embar- (hhampian@s loci ty. org) wwwAcma.org /pm Rublic_Managern M I 1 City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and O'Connor FROM: Michael J. McCauley, City Manager DATE: January 5, 2005 SUBJECT: Chapter 7 of League of Minnesota Cities Handbook Attached is a copy of Chapter 7 of the League of Minnesota Cities Handbook. While it is illustrative of many good practices, most of its specific sections are applicable to statutory cities. With the exception of the sections on Data Practices and Open Meeting Law, the specific procedures are not applicable to Brooklyn Center. Where Chapter 412 is referred to as the authority for a statement, it is applicable to statutory cities and not to home rule charter cities, though procedures in many instances will be similar. Also attached are sections relating to conflicts of interest from Chapter 6. 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.cityofbrookZyncenter.org PART II ELECTIONS, ELECTED OFFICIALS, AND COUNCIL MEETINGS Chapter 7: Meetings, processes, ordinances, and resolutions I. Types of council meetings 1 A. Annual meeting (first meeting of the year) 1 B Regular meetings 2 C. Adjourned meetings 3 D. Special meetings 3 1. Notice to the council 3 2. Notice to the public 4 E. Meetings conducted by interactive television 5 F. Emergency meetings 5 G. Days and times when meetings cannot be held 6 II. Meeting processes and procedures 6 A. Quorum 6 B Open meeting law 7 1. Open meeting exceptions 9 a Labor negotiations 10 b. Not public data 10 c. Misconduct allegations or charges 11 d. Performance evaluations 11 e Attorney client privilege 11 2. Penalties .............................12 C. Citizen involvement 14 D. Recording by citizens 15 E. Accessibility 15 F. Maintaining order 15 G. Rules of procedure 15 1. Agendas 16 2. Consent agenda 16 r i 3. Tips for shortening meetings 17 H. Parliamentary procedure 17 1. Motions 18 2. Simultaneous motions 19 3. Role of the presiding officer 20 4. Special motions 21 a. The motion to reconsider 21 b. A motion to postpone indefinitely 21 c. A motion to limit debate 22 d. The motion to amend 22 e. The motion to substitute 22 I. Voting procedures 22 J. Role of the mayor and clerk 23 K. Minutes of council meetings 23 1. Publication of council minutes 24 2. Content of council minutes 24 3. Making an adequate record 4. Parts of the record 25 III. Motions, resolutions, and ordinances 27 A. Passing ordinances and resolutions 27 B. Differences between ordinances, resolutions, and motions 28 C. Ordinances 30 1. Form, content, and adoption of ordinances 32 a. Title .............................32 b. Number 32 c. Enacting clause 32 d. Body .............................33 e. Penalty 33 f. Closing .............................33 g. Maps 33 b. Deliberation 34 i Passage 34 i Attestation 34 lc Effective date ----------------------'----------------------35 2. Ordinance book 35 I Publication of ordinances 35 4. Adoption hv reference 30 5. Alteration o[ ordinances 38 u Amendment ]Q b. Bnnou -------'38 Repeal 6. Codification of ordinances 30 u. Purposes ofooddficution 3y \z Codifiuutbouprocedures 41 T Prosecution responsibilities 4l IV. Local of special laws 43 A. Model resolution approving u special law 44 V. How this chapter applies Uo home rule charter cities 44 C AP1 GR 7 Chapter 7 Meetings, processes, ordinances, and resolutions This chapter reviews the requirements and processes councils must follow when conducting meetings and in passing ordinances and resolutions. Topics include: I. Types of council meetings II. Meeting processes and procedures III. Motions, resolutions, and ordinances IV. Local approval of special laws V. How this chapter applies to home rule charter cities 1. Types of council meetings For further information, see The city council has vast authority to make decisions and operate League memo, Meetings of City Councils (LMC 140B.1) municipal affairs. The council, however, can exercise this authority only when it meets as a group. Therefore, council meetings are very important to the council and to the general public. Under state law, there are certain procedural requirements for council meetings. A. Annual meeting (first meeting of the year) Minn. Stat. 412.02, subs. 2 s first meeting of the year, sometimes referred to as the annual meeting, city council must perform certain functions. State law does not set a date for nnual meeting, but council bylaws usually prescribe when it will occur. Because w councilmembers usually start their term on the first Monday in January, the ting may take place as early as Jan. 2. At this first meeting, the council mu the following: Minn. Stat. 412.831 Designate a newspaper of general circulation as its o newspaper For the requirements for a in which the city wilt publish ordinances and other matters as red qualified newspaper see Minn. by law, Stat. 331A.02 HANDBOOK FOR MINNESOTA CITIES 7-1 CHAPTER 7 Minn. Stat. 412.12 Elect an acting mayor from among the councilmembers. The acting or shall perform the duties of the mayor during the disability or absence o avor from the city or, if there is a vacancy, until a successor has been ap d. The council should also act on or review of s at least annually, t including the following: Minn. Stat. 427.01 -.12 Select an official depository, by resolution, for city funds; Minn. Stat. 118A.02, subd. 1 Review the council's bylaws or rules of procedure, and make any necessary changes (An ordinance amendment is necessary if the bylaws are in ordinance fonn, otherwise a resolution or motion is sufficient.); Renew any annual appointments to administrative positions, although the practice of annual appointments for administrative personnel is no longer advisable because that may create an employment contract and the annually appointed person will no longer be an "at -will" employee; Assign committee duties to members; 412.111 Approve official bonds that have been filed with the clerk; and, Minn. Stat. 412.101 Appoint, if the co _dsl s one or more city police officers or councilmembers as process servers for e year. B. Regular meetings Minn. Stat. 412.191, sand. 2 No statutes govern the time, place or frequency of city council meetings. Regular meetings of the city council, however, must be held at times and places that may be prescribed by council rules. Councils typically meet once or twice a month in the city hall or at another place in the city. Minn. Stat. 13D.04, subd. I The council must keep a schedule of its regular meetings on file at its primary office. The council should set an alternate day for meetings when the regular meeting day falls on a legal holiday. If the council decides to hold a regular meeting at a different time or place from the time or place stated in its schedule of regular meetings, it must give notice as required for special meetings. Minn. Stat. 204C.03, subd. 1; City council meetings and meetings of a housing and redevelopment Minn. Stat. 202A.19, subd. i. authority, economic development agency or other special taxing district Minn. Stat. 645.44, subd. s. cannot be held between 6 p.m. and 8 p.m. on any day that an election is held within the boundaries of the city. Additionally, meetings of these bodies cannot be held after 6 p.m. on the day of a major political parry precinct caucus. And, such meetings cannot be held on any legal holiday. 7 -2 HANDBOOK FOR MINNESOTA CITIES CHAPTER 7 C. Adjourned meetings City officials often use the terms "adjourned," "continued," and "recessed" interchangeably. The terms refer to meetings that are postponed to a future time for lack of a quorum, for purposes of convenience, or to complete pending business from a regular meeting. Minn. Stat. 412.191. subd. 1 Although a quorum, or a majority of councilmembers, is necessary in order to conduct business, less than a quorum may adjourn or postpone a regularly organized meeting to a fixed, future time. When the council calls an adjourned meeting to complete pending business, the adjournment should be treated as a recess. Minn. Stat. 13D.04, subd. 4 If the date, time, and place of the adjourned or recessed meeting are announced at an open meeting and that information is recorded in the minutes, no additional public notice is necessary. Otherwise, the notice required for a special meeting is necessary. D. Special meetings A special meeting of the council refers to any meeting other than a regular meeting. The council may transact any business within its powers at special meetings. The council should, however, only transact business for which notice has been provided. All statutory provisions governing regular meetings, including the open meeting law, apply to special meetings. X412.191, subd. 2 Special meetings may be called -by the mayor, by any two members of a five member -ee cil,_Qr by three members of a seven member council -by filing a written statement with the city c c�k. Minn. Stat. 13D.04, subd. 2 Unless otherwise expressly established by statute, certain notice requirements apply to all special meetings. 1. Notice to the council rolr,mstat. s 412.191, subd. 2; When a special meeting has been called, the clerk must mail a notice to all A.G. Op. 471 -E (Jan. 22, 1957). tiers of the city council, at least one day before the meeting, stating the time an p meeting. If, however, all councilmembers attend and participate in the meeting, tn requirements are not necessary. HANDBOOK FOR MINNESOTA CITIES 7 -3 CHAPTER 7 2. Notice to the public In addition to the notice to councilmembers, public notice is also necessary. Minn. scat. 13D.04. subs. z The clerk must post written notice of the date, time, place, and purpose of the special meeting on the principal bulletin board of the city. A principal bulletin board must be located in a place reasonably accessible to the 893 (Min n. Ap 1 99955 Rupp v. N.W.2d public. If the city has no principal bulletin board, the notice must be posted p 1 on the door of its usual meeting room. Notice of special meetings must be posted at least three days before the date of the meeting. Minn. stat. 13d.04, subd. z In addition to a posted notice, the city must also mail or deliver a notice to (b), (c) each person who has filed a written request for notice of special meetings with the city. Notice to these individuals must be mailed or delivered at least three days before the meeting. As an alternative to mailing or delivering the notice, the city may publish the notice once in its official newspaper, at least three days before the meeting. If there is no city newspaper, notice must be published in a qualified newspaper of general circulation that covers the city. Minn. stat. 645.15 When the performance of an act is ordered within a fixed period of time, the time is computed as excluding the first day and including the last day of the prescribed or fixed time period, unless the last day falls on a Saturday, Sunday, or legal holiday. For example, if a special meeting is scheduled for a Thursday, notice has to be given on Monday to meet the three -day notice provision. In this scenario, Tuesday is day one, Wednesday is day two, and Thursday is day three. Monday is not included in the time computation. Similarly, if a special meeting is planned for Monday, notice must be given on Friday; Saturday and Sunday are included in the time computation since they are not the last day of the fixed period. Minn. stat. i 3d.04, subd. z A person filing a written request for notice may limit the request to (d) notification of special meetings that cover a particular subject. In this case, the city only needs to send notice of special meetings addressing those subjects. Minn. stat. 13d.04, subd. 2 cities may set an expiration date for requests for notices of special meetings, and require people to re -file the request once each year. The city must notify each person ot'the requirement not more than 60 days before the re- filing is due. 7-4 HANDBOOK FOR MINNESOTA CITIES CHAPTER 7 A.G. Op. 63 -A -5, Aug. 28, 1996 If a council committee or other group meets where a quorum of the councilmembers also attend, the city does not need to give additional notice of a council meeting as long as proper notice of the committee or other meeting has been given. However, if councilmembers participate in committee discussions or deliberations, additional separate notice of a special council meeting maybe required. Minn. Star. 331A.05, subd. 7 If, through no fault of the city, an error occurs in the publication of a notice, the error does not impact the validity of a public meeting. E. Meetings conducted by interactive television Minn. stat. 13D.02 A city council meeting may be conducted by interactive television if all of the following provisions are met: At least one member of the council is physically present at the regular meeting location; All members must be able to hear and see each other and all discussion and testimony presented at any location at which at least one member of the council is present; All members of the public at the regular meeting location must be able to hear and see all discussion and testimony and all votes of all members of the council; Each location at which a member of the council is present must be open and accessible to the public; and, If possible, a member of the public should be able to monitor the meeting electronically from a remote location. F. Emergency meetings Minn. Stat. 13D.04, suba. 3 An emergency meeting is a special meeting called by the council due to circumstances that, in the judgment of the council, require immediate council consideration. The procedure for notifying councilmembers of emergency meetings is the same as for special meetings. Public notice requirements are somewhat different for emergency meetings. The council must make good faith efforts to provide notice of the meeting to media that have filed a written request for notice. Notice must be by telephone or by any other method used to notify councilmembers. The notice must include the subject of the meeting. A published or posted notice is not necessary. HANDBOOK FOR MINNESOTA CITIES 7-5 t CtiAm'ER 7 Minn. Stat. 13D.04, subd. 3 If matters not directly related to the emergency are discussed or acted upon M at an emergency meeting, the minutes of the meeting must include a specific description of the matters. G. Days and times when meetings cannot be held Minn. Stat. 645.44, subd. s. State law defines a set of public holidays when no public business can be transacted except to deal with emergencies. The transaction of public business includes conducting public meetings. If a holiday falls on a Saturday, the preceding Friday is considered to be a holiday. If a holiday falls on a Sunday, the next Monday is considered to be a holiday. Minn. Stat. 645.15. The law does not appear to prohibit holding meetings on weekends. However, the law regulating how time is computed for the purpose of giving any required notice provides that if the last day of notice required under the open meeting law falls on either a Saturday or a Sunday, that day cannot be counted. Thus, if notice is required for a meeting to be held on a Saturday or Sunday, the last day of that notice would be the preceding Friday. Minn. Stat. 204C.03. Minnesota election law provides meetings are prohibited between 6 p.m. and 8 p.m. on any day an election is occurring. This applies to state and to local general and special elections. Thus, if a school district is holding a special election on a particular day, no other unit of government totally or partially within the school district may hold a meeting between these times. Meetings convened before 6 p.m. must be adjourned or recessed by the 6 p.m. deadline. II. Meeting processes and procedures A. Quorum Minn. Stat. 412.191, subd. l To transact city business in a statutory city, state law requires that a quorum (or a majority) of the councilmembers be oreser may include, but does e he mayor, or, in standard plan eitim, e clerk. Minn. Stat. 645.08 (5) For most city councils and other public bodies, a majority of the qualified members of the council, board, or commission constitutes a quorum. For some charter cities, however, their charters may provide for the number that will be a quorum of their public bodies. 7 HANDBOOK FOR MINNESOTA CITIES CIIA.P 7 B. Open meeting law Minn. star. 13D.01, subd. 1 Under the Minnesota open meeting law, all city council meetings and executive sessions must be open to the public, with only a few exceptions. The open meeting law also requires meetings of any committee, subcommittee, board, department, or commission of the city council be open to the public. Governing bodies of local public pension plans are subject to the open meeting law. Meetings of housing and redevelopment authorities and of economic development agencies are also subject to the open meeting law. For more information, See The League of Minnesota Cities Insurance Trust (LMCIT) offers open LMCIT Risk Management Information memo open meeting law defense coverage to member cities. The coverage will Meetin taw De lense reimburse city officials for either 80 percent or 100 percent of the legal Coverage, which may be costs they incur to defend themselves if they are charged with violating the obtained by calling LMCIT at open meeting law. (800) 925 -1122 or (65 1) 281 t 200. St. Cloud Newspapers, Inc. v. The open meeting law serves three vital purposes: District 742 Community Schs., 332 N.W.2d 1 (Minn. 1983). To prohibit actions from being taken at a secret meeting where the interested public cannot be fully informed of the decisions of public bodies or detect improper influences; To ensure the public's right to be informed; and, To give the public an opportunity to present its views. Minn. stat. 13D.04, subd. 4, 5 The votes of the city council, or any other group subject to the open meeting law, on any action taken in a meeting that must be open to the public, must be recorded in a journal kept for that purpose. The journal must be open for public inspection during all normal business hours where such records are kept. The clerk should record the votes on all formal council actions. Mim,. star. 13D.04, subd. 4 Each member's vote must be recorded on each appropriation of money, (b) except for payments of j udgments, claims, and amounts fixed by statute. Minn. star. 13D.04, subd. 5 For any meeting required to be open to the public, at least one copy of the printed materials relating to agenda items distributed to councilmembers must be available in the meeting room for public inspection while the council considers the subject matter. This requirement does not apply to materials the law classifies as other than public or to materials relating to the agenda items of a properly closed meeting. HANDBOOK FOR MINNESOTA CITIES 7 -7 CHAPTER 7 .Moberg v. Independent soh. The open meeting St. (Minn. 1983); St. Cllououd d law does not define the term "meeting." The Minnesota Dist. No. del, s to Supreme Court, however, has ruled that the open meeting law applies to Newspapers, Inc. v. District 742 gatherings where a quorum or more of the council, committee, board, Community sehs., 332 N.w.2d department, or commission are present, and at which the members 1 (Minn. 1983 intentionally discuss, decide, or receive information as a group on issues See Meetings of City Councils relating to the official business of that body. The law does not cover letters, (LMC 14013.1 for a discussion e -mail, and telephone conversations among less than a quorum of the of common problems in applying the open meeting law, councilmembers. The law does prohibit the use of telephone conversations, including a discussion ofwhat e -mail, or letters in a decision- making process among a quorum of kinds of meetings the open members designed to avoid an open meeting. meeting law applies to. Thuma v. xroschei, sob N. W. When persons constituting a quorum of a city council attended a meeting 14 (Minn' app' 1993), of the city's planning commission, unless in conjunction with that meeting, A. G. Op. 63a -5 (Aug. 28, the court found a violation of the open meeting law, not because of the 1996). attendance at the meeting but because the members of the council conducted public business in conjunction with that meeting. Based on that decision, the attorney general is of the opinion that mere attendance by additional councilmembers at a meeting of a council committee held in compliance with the open meeting law would not constitute a special council meeting requiring separate notice, but warned members should not participate in committee discussions or deliberations absent a separate notice. Mankato Free Press e. City of. A 1997 Minnesota Court of Appeals decision seems to support serial North Mankato, 59 97) N.w.za 1 291 (Minn. App. 19 meetings as potentially violating the open meeting law. In the decision, the court looked at a situation where councilmembers conducted individual interviews of candidates for a city position in separate rooms. Although the district court found that no meetings had occurred because there was never a quorum of the council present, the Court of Appeals sent the decision back to the district court for a determination of whether the councilmembers had used the interview process for the purpose of avoiding the open meeting law requirements. Mankato Free Press e. CitY of On remand, the district court found that the private interviews were not (wih Mankato. C9-98-677 8. (Mi App., Dec. 1 5, done for the purpose of avoiding the open meeting law requirements. This I 1 1948) decision was also appealed and the Court of Appeals, in a 1998 unpublished decision, agreed. Cities that wish to hold this type of interview with job applicants, however, should first consult their city attorney. 7 -8 HANDBOOK FOR MINNESOTA CITIES CHAPTER 7 St. Cloud Newspapers, Inc. v. The Minnesota Supreme Court also decided that informational seminars District 742 Community about school board business which the entire board attends must be p ublic 332 N.W.2d 1 (Minn. 1983). 83). and open. Thus, any scheduled gatherings of a governing body must have proper notice and be open, whether or not the body takes or contemplates taking action. This includes meetings where members receive information that may influence later decisions, but excludes chance or social gatherings. A quorum of members cannot discuss or receive information on official business in any setting under the guise of a private social gathering. Hubbard Broadcasting v. City The Supreme Court has warned that even though gatherings of less than a (Manton, 321 N A .G. 4 q uorum do not constitute meetings under the law, serial g atherings of less (Minn. 1982 .G. Op. 471 -E q g g g (May 23, 1978 than a quorum may be a violation of the statute depending on the individual case. Compare St p .Cloud It is not clear from the Court's recent rulings whether the participation of a Newspapers, Inc. v. District 742 Community Schs., 332 N.w.2d city council in a League of Minnesota Cities sponsored training program to 1 (Minn. 1983) with A.G. Op. develop various skills can be defined as a meeting under the open meeting 63 -A -5 (Feb. 5 1975 law. The determining factor may be whether or not the program includes discussions of particular matters within the council's official duties or powers. See the League research memo It is not entirely clear how the open meeting law applies to recent Meetings of city councils technology, as e -mail. Although the law does not specifically address tLMC 14ob.i� gY> g p Y the use of e -mail and other recent technologies, it is likely that e -mail communication between councilmembers or members of other public bodies could violate the open meeting law under certain circumstances. Moberg v. Independent School The Minnesota Supreme Court has indicated that serial communications Dist. N(. 281, 336 N.w.2d 510 (Minn. 1983) through telephone conversations or letters could violate the open meeting law if done to avoid holding a public meeting. City councils and other public bodies should not use e -mail to communicate with other members in the following instances: When a quorum of the council or public body will be contacted regarding the same matter. When less than a quorum of the council or public body is involved in e -mail being used in a serial fashion. 1. Open meeting exceptions The open meeting law is designed to favor public access. Therefore, the few exceptions that do exist are carefully constrained to avoid abuse. HANDBOOK FOR MINNESOTA CITIES 7 -9 CHAPTER 7 a. Labor negotiations Minn. stat. 13D.03,suba. i The city council may, by majority vote in a public meeting, decide to hold (b) a closed meeting to consider strategy for labor negotiations, including negotiation developments or discussion of labor negotiation proposals. The council must announce the time and place of the closed meeting at the public meeting. Minn. stat. 13D.03, suba. i After the closed meeting, a written record of all members of the city (d)and suba. z council and all other people present must be available to the public. The council must tape record the proceedings at city expense, and preserve the tape for two years after signing the contract. The tape- recording must be available to the public after all labor contracts are signed for the current budget period. Minn. scat. 13D.03, suba. 3 If someone claims the council conducted public business other than labor negotiations at the closed meeting, a court must privately review the recording of the meeting. If the court finds the law was not violated, the action must be dismissed and the recording sealed and preserved. If the court determines a violation of the open meeting law may exist, the recording may be introduced at trial in its entirety, subject to any protective orders either party requests and the court deems appropriate. Minn. stat. Ch. 13D Several other exceptions to the open meeting law exist that may apply to cities, which are discussed in the following sections: b. Not public data Minn. stat. 13D.05, Suva. 2 First, a meeting may be closed in some circumstances pursuant to the Data Practices Act. The general rule is that meetings cannot be closed to discuss data that are not public data. Any portion of a meeting, however, must be closed if expressly required by other law or if the following types of data are discussed: Data that would identify victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults; Active investigative data created by a law enforcement agency, or internal affairs data relating to allegations of law enforcement personnel misconduct; and, Educational, health, medical, welfare, or mental health data that are not public data. 7 -10 HANDBOOK FOR MINNESOTA CITIES CI I APT BR 7 Minn. scat. 130.05, subd. 1 Data that are not public data may be discussed at an open meeting without (b) (c) liability or penalty if the disclosure relates to a matter within the scope of the public body's authority and is reasonably necessary to conduct the business or agenda item before the public body. The public body, however, should make reasonable efforts to protect the data from disclosure. Data discussed at an open meeting retain their original classification, however, a record of the meeting shall be public. C. Misconduct allegations or charges Minn. star. 13D.05, subd. 2 Second, a public body must close one or more meetings for "preliminary (b) consideration" of allegations or charges of misconduct against an individual subject to its authority. If the members conclude discipline of any nature may be warranted, further meetings or hearings relating to the specific charges or allegations and held after that conclusion is reached must be open. A meeting must also be open at the request of the individual who is the subject of the meeting. d. Performance evaluations Minn. star 13D.05, subd. 3 Third, a public body may close a meeting to evaluate the performance of an (a). For a complete discussion individual who is subject to its authority. he public body must identify the of this process, see 'Employee y' p y y Discipline and the open individual to be evaluated prior to closing the meeting. At its next open Meeting Law" Minnesota meeting, the public body shall summarize its conclusions regarding the Cities, September 1997, page 41. evaluation. A meeting must be open at the request of the individual who is the subject of the meetini7. e. Attorney client privilege Minn. Stat. 13D.05, subd. 3 Fourth, a meeting may be closed if permitted by the attorney- client (b) privilege. For example, a council may close a meeting to discuss pending Northwest Publications, Inc. v. or threatened litigation. An actual lawsuit does not have to be commenced. City ofst. Paul, 435 N.W.2d 64 If liti is threatened, as in a letter to the council, and the city (Minn. App. 1989). council seeking legal advice regarding specific acts and their legal Star Tribune v. board ofEduc. consequences. The city may not abuse this privilege to suppress public sot N. W. 2a 869 (Minn. App. 1993); observation of the decision- making process. The privilege does not extend to the governing body's request for general legal advice or opinion. Prior Lake American v. Mader, C7 -00 -1909 (Minn. App. Apr 17, 2001). Clearwater v. Independent School district No. 166, C9 -99- 294 (Minn. App. Oct. 2, 2001). HANDBOOK FOR MINNESOTA CITIES 7 -11 CHAP'I`flR 7 Minn. Stat. 13D.01, subd. 3 Before closing a meeting, the public body must state on the record the specific grounds that permit the meeting to be closed and describe the subject to be discussed. Minn. Stat. t3D.04, subd. 5 The notice requirements that apply to open meetings also apply to closed meetings. Therefore, open meetings the council closes after they are called, need no special notice. But special and emergency meetings the council intends to close, must be properly noticed. While not required by law, some cities record closed meetings, and have the clerk or city attorney keep the tape until information no longer needs to be kept private or a court orders the release of the tape. The tape may be useful in establishing that members did not use the closed meeting to discuss matters which should have been discussed publicly. 2. Penalties Minn. Stat. 130.06, subd. 1 An person who intentionally violates the open meeting law is subject to personal liability in the form of a civil penalty up to $300 for a single occurrence. The public body may not pay the penalty. A court may take 836 (Minn 1 1994 Claude v. Collins, 518 N.w.za into account a councilmember's time and experience in office to determine the amount of the civil penalty. Coalwell v. Murray. No. C6 -95- Technical violations of the law that are not willful or deliberate may not 2436 (Minn. App' Aug 6, result in penalties. 1996). Minn. Stat. 1 3D.06, subd. 2 An action to enforce this penalty may be brought by any person in any court of competent jurisdiction where the administrative office of the governing body is located. Minn. Stat. 13D.06, subd. 3 If a person is found to have intentionally violated the open meeting law in (a) three or more actions involving the same governing body, that person must forfeit any further right to serve on the governing body or in any other capacity with the public body for a period of time equal to the term of office the person was serving. Claude v. Collins, 518 N.W.2d Three separate adjudications are not necessary. Rather, one adjudication of 836 (Minn. 1994). three separate, unrelated and intentional violations is sufficient for removal under the statute. Minn. Stat. 13D.06, subd. 3 The court determining the merits —upon finding a separate, third violation (b) that is unrelated to the previous violations —must declare the position vacant and notify the appointing authority or clerk of the governing body. As soon as practicable, the appointing authority or governing body shall fill the position as in the case of any other vacancy. 7 -12 HANDBOOK FOR MINNESOTA CITIES CHAPTER 7 Minn. stat. 13.06, subd. a In addition to other remedies, the court may award reasonable costs, disbursements, and attorney fees of up to $13,000 to any party in an action alleging a violation of the open meeting law. The court may award costs and attorney fees to a defendant only if the action is found to be frivolous and without merit. A public body may pay any costs, disbursements, or attorney fees incurred by or awarded against any of its members. Insurance is available from the League of Minnesota Cities Insurance Trust to pay these amounts, but the insurance must be in effect before the violation occurs. Minn. Stat. 13D.06, sued. a No monetary penalties or attorney fees may be awarded against a member (d) of a public body unless the court finds there was a specific intent to violate the open meeting law. Minn. Const. Art. VIII, 5 Under the Minnesota Constitution, the Legislature may provide for the Jacobsen v. Nagel, 255 Minn. removal of public officials for malfeasance or nonfeasance. To constitute 300, 96 N.W.2d 569 (1959. malfeasance or nonfeasance, a public official's conduct must affect the performance of official duties, and must relate to something of a substantial nature directly affecting the rights and interests of the public. Jacobsen v. Nagel, 255 Minn.. "Malfeasance" refers to evil conduct or an illegal deed. "Nonfeasance" is 300, 96 N.W.2d 569 (1959 described as neglect or refusal, without sufficient excuse, to perform what Claude v. Collins, 518 N.W.2d 836 (Minn. 1994). is a public officer's legal duty to perform. More likely than not, a violation of the open meeting law will be in the nature of nonfeasance. Although good faith does not nullify an open meeting law violation, good faith is relevant in determining whether a violation amounts to nonfeasance. Claude v. Collins, 518 N.W.2d Ignorance alone does not amount to good faith or sufficient excuse. 836 (Minn. 1994 Ignorance due to inexperience may constitute good faith and amount to sufficient excuse in instances where the elected official neither knows or has reason to know he or she is violating the open meeting law. Claude v. Collins, 518 N.W.2d To remove a public official, it must be established that the official had a 836 (Minn. 1994). reasonable amount of time to learn the responsibilities of office. The excuse of inexperience, however, will not last long if ignorance results in harm to the public. Public officials should seek advice from the city attorney or other resources to prevent open meeting law violations. HANDBOOK FOR MINNESOTA CITIES 7 -13 CIiAPT[3R 7 Sullivan v. Credit River The open meeting law contains no provision invalidating actions the body Township, M1nn. 170, 217 N.W. 2d 502 2 (1974). takes at a closed meeting that should have been an open meeting. In a 1974 case, the court held that because the law failed to provide a method of enforcement, the statute was not mandatory and its violation did not result in invalidating actions of the body. Although the fact that the plaintiff had spent a substantial sum in reliance on the action the public body took at the illegal meeting may have influenced the court, it seems unlikely that a court would overturn the rule of the case without a change in the law. Because the law now contains methods of enforcement through the civil penalty and removal from office, there is probably little need for an invalidation rule. C. Citizen involvement Any person may observe council meetings. In fact, the council should encourage citizen attendance to help citizens become more aware of the city's problems and more sympathetic to programs suggested by the council. Citizens must be able to hear the discussion and be able to Minn. stat. 13D.01, subd. 6 determine who votes for or against a motion. One copy of the agenda and (b) all materials made available to the council should be made available to the audience unless doing so would violate the Data Practices Act. Although anyone can attend council meetings, citizens cannot speak or otherwise participate in any discussions unless the mayor or the presiding officer recognizes them for this purpose. The decision to recognize speakers is usually up to the presiding officer, but the council can overrule this decision. The council can, through a motion, decide to hear one or more speakers from the audience. Participation in council meetings can be intimidating for the average citizen. Councils should take care to make sure citizens are invited to participate when appropriate and listened to with courtesy. Individual councilmembers should not argue with citizens. Citizens attend council meetings to give information and opinions for the council to consider. Discussions or debates between individual councilmembers and citizens during council meetings is inappropriate and may reflect badly on the decision- making process. The council should not sample public opinion by asking for a show of hands. The majority opinion of those attending the council meeting does not necessarily represent general public opinion. It is likely to express only the opinion of a special group. 7 -14 HANDBOOK FOR MINNESOTA CITIES C HAP "I'it 7 D. Recording by citizens A. G. op. 63a -5, Dec, 4, 1972. The public may make an audio or videotape of an open meeting if doing so does not have a significantly adverse impact on the order of the meeting. Neither the city council nor any member may prohibit dissemination or broadcast of the tape. E. Accessibility Minn. Star. 363.03, subd. a Both the meeting and the meeting room must be accessible. To ensure 42 U. S. C. 12101- 12213, accessibility, the meeting should be located in a room that all people, including people with mobility impairments, will be able to access. A city may also have a person sign for people with hearing loss and make written materials available in large print, Braille, or audiocassette for people with sight or hearing impairments. F. Maintaining order Minn. stat. 412.191, subd. 2. Although meetings must be open to the public, individuals who are noisy State v. occhino. 572 N. W. 2d or unruly do not have the right to remain in council chambers. When 316 (Minn. App. 1997 per. individuals abuse their right to be present in the council chamber, the For rev. denied (Minn. Jan. 28, mayor, as presiding officer (subject to overrule by the council) should 1998). order their removal from the room. If the presiding officer fails to act, the council may, by motion, issue such an order. The council has authority to preserve order at council meetings. The council can use necessary force, including use of the marshal or police, to carry out the mandate. If a person is excluded from a meeting, the council should provide an opportunity for the excluded g erson to give his or her interpretation of the exclusion to a p designated city staff member to satisfy any due process questions. If the entire audience becomes so disorderly that it is impossible to conduct a meeting, the mayor should declare the meeting continued to some other time and place if necessary. The council may also move for adjournment. No matter how disorderly a meeting may be, it is a legal meeting and any action the council takes in proper form is valid. The council cannot issue contempt citations against individuals whose disorderly conduct disrupts or interferes with the transaction of city business. G. Rules of procedure Minn. stat. 412.191. subd. 2 The city council has the power to regulate its own procedure. While many councils have operated without written rules or regulations, written rules facilitate the conduct of city business and reduce the risk of mishandling important matters. HANDBOOK FOR MINNESOTA CITIES 7 -15 CHAPTER 7 See the League research memo Council bylaws usually cover the place and time of regular council Meetings of City Councils (LMC 140b. 1 which contains meetings, the order of business, parliamentary rules governing council suggested by laws and other procedures, minutes, and standing and special committees and their rules of procedure. powers. Many councils also include other provisions in their bylaws. 1. Agendas The bylaws should establish an order of business and a process for placing items on an agenda. Many councils have found the following order of business convenient: Call to order Roll call Approval of minutes from previous meeting Consent agenda Petitions, requests, and complaints Reports of officers, boards, and committees Reports from staff and administrative officers Ordinances and resolutions Presentation of claims (the authorization for paying city claims and bills are often included in the consent agenda.) Unfinished business New business Miscellaneous announcements Adjournment 2. Consent agenda By resolution or through bylaws, a council may establish a consent agenda containing routine, non controversial items that need little or no deliberation. The clerk or the person responsible for placing items on the agenda prepares the consent agenda. By a majority or higher vote, the council can approve all actions on the consent agenda with one vote. If a councilmember objects to an item being placed on the consent agenda, it should be removed and acted upon as a separate agenda item. 7 -16 HANDBOOK FOR MINNESOTA CITIES CHAPTER 7 3. Tips for shortening meetings In addition to the consent agenda, councils may consider the following suggestions to shorten meetings. Council bylaws may set a closing date for the agenda. For example, the clerk must receive all requests to include items on the agenda five days before the meeting. This is especially important if councilmembers need to review written material before the meeting. The council might make an exception in emergency situations by a unanimous vote, for example. The council should set a definite time for adjournment and observe this rule. At some time during the meeting, often at the beginning, many city councils establish a specific time when citizens can present concerns to the council. In such an open forum, the mayor or presiding officer should allot a limited time for each person who wishes to speak. No action should be taken on any of the issues raised. Rather, if appropriate, the issues should be placed on the agenda of a future council meeting. When the council is going to discuss a major public issue, the bylaws or the council, by resolution, may allot a limited, specific amount of time for each side to express its views. The council may also follow this procedure for all items on the agenda. H. Parliamentary procedure Parliamentary procedure is a system of rules that aid in transacting business. The rules are designed to preserve order, expedite business, and protect the rights of those involved in making decisions. The mayor, as presiding officer, is responsible for guarding against abuse of the procedures. But, the effective use of parliamentary procedures is the joint responsibility of the mayor and of all councilmembers. Parliamentary rules can be very simple or very complex. The complexity of rules should vary in direct ratio to the size of the group; i.e., as the number of people in the group increases, the complexity of the rules should increase. Accordingly, the rules for city councils should be simple. Any attempt to introduce a high degree of formality into the proceedings of a city council will probably reduce its ability to operate effectively. HANDBOOK FOR MINNESOTA CITIES 7 -17 CHAPTER 7 The rules of parliamentary procedure apply to council proceedings only if the council formally adopts such rules in its bylaws. Roberts Rules of Order are designed for meetings of large bodies. Rather than adopt these rules as a formal procedure to always follow, a council can agree to informally follow the riles while conducting meetings. An informal application of the rules, together with the common sense of the councilmembers, may be the only guidelines many councils need in order to conduct their business in an orderly manner. If a very controversial discussion is about to occur, the mayor or a councilmember could move to adopt more formal rules for that particular discussion. The following discussion introduces a few rules of parliamentary procedure that can simplify the work of the council. The rules are contained in Roberts Rules of Order. The council can adopt them by inserting the following clause in the bylaws: "In all points not covered by these rules, the council shall be governed in its procedure by Roberts Rules of Order (or some other similar code of parliamentary procedure)." 1. Motions See League research memo The council transacts business through motions made by councilmembers. Meetings city Councils These motions are seconded, at times, and subsequently passed or rejected sum (LMC 140b.b. 1) for a sum mary of the motions councils use most by council vote. Each motion has different rules. For example, councils can frequently and important debate some motions while they must vote on others immediately. Some information relatin to them. motions require a simple majority for passage; others need a two thirds maj ority. These are the typical steps to make and act on a motion: A member of the council addresses the presiding officer. The presiding officer recognizes the member. The councilmember states his or her motion. (Usually in the following form: "I move text of the motion. A motion should always be in positive, rather than negative, terms. For example, if the motion is to deny X a permit and the council defeats the motion, there may be some confusion as to whether or not X has been granted a permit. Even if the consensus of the council is to deny the permit, the motion should be to grant the permit and the council should then vote it down. The councilmember makin, a motion does not need to favor it or vote for it. The councilmember may wish to put the issue before the council so a decision can be made. 7 -18 HANDBOOK FOR MINNESOTA CITIES I CH At i 7 If necessary, another councilmember then seconds the motion by saying: "I second the motion." (Seconds are not needed for meetings of small bodies like city councils unless required in the bylaws.) Neither making a motion or seconding a motion places it before the council. Only the presiding officer can place the motion before the council by stating the motion. The presiding officer repeats the motion or states the question to the council. (When the presiding officer has stated the question, the motion is pending and it is then open to debate.) A discussion follows, if the motion can be debated. A councilmember may make subsidiary motions in the same form as the original motion. The council votes on the original motion or on any of the subsidiary motions. The presiding officer announces the result of the vote on each motion immediately after the vote count is complete. A councilmember may not make a second main motion while the council is discussing the first one. Any councilmember may, however, make a privileged motion even if a main motion is currently before the council. A privileged motion is one to adjourn, to recess, or to ask a question of privilege -such as to restate the motion or ask for order. In this case, a vote on the privileged motion precedes the one on the main motion. 2. Simultaneous motions When several motions are before the council at the same time, the council should vote on them in the following order: Adjourn Recess Question of privilege Postpone temporarily (lay on table) Vote immediately (previous question) Limit debate Postpone to a definite or indefinite time HANDBOOK FOR MINNESOTA CITIES 7 -19 CHAPTE 7 Refer to committee Amend Substitute General main motion 3. Role of the P residing officer In any group or assembly, the presiding officer has an extra measure of power. As the chair of the meeting, the presiding officer is responsible for guiding the group toward the conclusion of pending business in good time, while also giving major issues enough consideration. To accomplish this, the presiding officer has two special powers: I The first power is to interpret and apply the rules of procedure. The presiding officer must decide whether or not motions are proper and in order, whether the body should grant questions of special privilege, and what procedure is proper in any given instance. The presiding officer should maintain order and expel disorderly individuals from the P Y meeting. The presiding officer does not have complete freedom in exercising this authority. Any member of the council may appeal the decision of the chair. To do this, a councilmember must say: "I appeal the decision of the chair," inunediately after the chair announces the decision. (Recognition from the presiding officer is not necessary when making an appeal.) The appeal must be seconded, is debatable, and cannot be amended. After the debate, the assembly votes on the chair's decision. A majority of "yes" votes upholds the decision of the presiding officer, and a majority of "no" votes overrules the decision. A tie vote sustains the ruling. The presiding officer may vote to uphold his or her own ruling. If no one appeals a ruling as soon as the presiding officer makes it, it becomes the rule of the council_ The presiding officer's second power is to recognize speakers. The presiding officer may not, however, refuse to receive a motion after recognizing the maker, nor refuse to call for a vote on any motion that has been properly made and seconded. The power to recognize speakers still gives the presiding officer considerable influence over the course of the discussion and, consequently, over the eventual decision on any matter. When the council invites comments from the audience, the presiding officer continues to recognize speakers. 7.20 HANDBOOK FOR MINNESOTA CITIES CHAPTER 7 In statutory cities, presiding officers play a dual role. They preside, make and second motions, and vote on all questions before the council. The presiding officer usually steps down from the position as chair in order to make a motion. To do this, the presiding officer turns over the duties of presiding officer to a member of the council. The mayor or other presiding officer may then make a motion, and should not assume the duties as presiding officer until the council has taken a final vote or postponed the motion until another time. 4. Special motions Several motions deserve special consideration. They include the following: a. The motion to reconsider This motion enables a council to set aside a vote it previously took, and to reconsider the matter as though it had not voted on the issue. If the council uses Roberts Rules, only a person who originally voted on the prevailing side may move to reconsider. Otherwise, any member may make the motion by saying, "I move to reconsider stating the motion to be reconsidered The council may debate the motion. If the council passes the motion to reconsider, it must then reconsider the original motion and take another vote. If the council defeats a motion to reconsider, no further action is necessary. b. A motion to postpone indefinitely There is an important difference between the motion to postpone indefinitely and the motion to postpone temporarily. The motion to postpone temporarily is more commonly called a motion to "lay on the table" or "to table." The motion to postpone, postpones consideration of the motion until some undetermined, future time. The council may consider a tabled motion whenever a majority of the members decide to do so. A motion to postpone indefinitely, however, is the equivalent to a negative vote on the main motion. Thus, the issue can be raised again only by a motion made by someone on the prevailing side of the vote since, unless someone changes his or her mind, the motion to postpone will once again prevail. A motion to permanently suppress any future consideration of an issue is not binding on a future council. HANDBOOK FOR MINNESOTA CITIES 7 -21 CHAPTEB 7 C. A motion to limit debate A council may limit debate by placing a time limit on debate, such as a limit of 15 minutes to consider a particular motion; or limiting the number of people who may speak for and against a certain motion, such as a limit of three speakers in favor and three speakers opposed. d. The motion to amend Councilmembers may offer amendments to a main motion at any time. In addition, it is possible to amend an amendment currently under consideration. Beyond this, councilmembers can offer no further amendments. When a member has made a motion to amend, the vote on the amendment must precede the vote on the original motion. After the council has accepted or rejected the amendment, another vote on the original motion is necessary. e. The motion to substitute This is a motion to replace one motion with another on the same subject. A councilmember may move to substitute a main motion or an amendment to a main motion. One form for making a substitute motion is to say, "I wish to introduce the following substitute motion present the substitute motion When a substitute motion is before the council, the council must decide which of the two motions, the original motion or the substitute motion, to consider. The council must vote on the question. A "yes" vote favors considering the substitute motion. A "no" vote favors considering the original motion. The council must then discuss and vote on the selected motion. I. Voting procedures State law does not regulate council voting. The council may use whatever procedures it prefers, subj ect to charter provisions in home rule cities. The council's bylaws can include voting rules. Otherwise, the council may use voice voting or standing vote unless a councilmember calls for a vote by ballot. The bylaws can also set the order in which councilmembers vote. Whether the vote is unanimous or not, the minutes must record the name of each councilmember present and his or her vote. Occasionally councils may vote by ballot, such as eliminating candidates for a city position, until Minn. stat. 13D.01. subd. a only two options remain. While the law allows for voting by ballot, the procedure must ensure each councilmember's vote is recorded in the minutes and open for public inspection. 7.22 HANDBOOK FOR MINNESOTA CITIES CHM! LlL 7 J. Role of the mayor and clerk ku-ors and standard plan city clerks have the same powers as coup embers to make, second, and vote on motions. The mayor does not have a nor may the mayor vote twice in order to break a tie. If, however, there is a vote in filling an elective office, the mayor must fill Minn. Stat. 412.02, subd. 2a the vacancy by appointor The mayor presides at council meetings and the clerk keeps the minutes. In cities operating under one of the option Tans, the clerk attends council meetings and records the minutes, but may not e, second, or vote on motions. In addition, unless the council extends the pri e, the clerk lacks the right to participate in discussions. K. Minutes of council meetings Minn. Star. 412.151, subs. I The council must keep a full and accurate record of its actions at every council meeting. In statutory cities, the clerk records the council proceedings in a minute book. In the clerk's absence, the council should delegate the duty of taking minutes for that meeting. The clerk determines the actual wording of the minutes, unless the council adopts a standard form by motion or specifically directs the clerk to change the wording in the minutes. The minutes should be written in language and in terms the average citizen understands. Reference to numbers of ordinances, resolutions, and other matters should include a brief description. A.G. Op. 470 -C (Feb. 18, If the council finds a mistake in the minutes of the previous meeting, the 1959). clerk should correct the minutes. If the clerk declines, the council can order the change by motion and a vote. The clerk must then make the change and show in the minutes that the change was made by order of the council. Once the council has formally approved the minutes of any meeting, the minutes should not be changed under any circumstances. The council can dispense with the reading of the minutes if all councilmembers have received them prior to the meeting. Minn. Stat. 412.221, subd. 1; The council must provide books and stationery for keeping minutes. State Minn. Stat. 15.17, subd. I law requires all cities to keep minutes on a physical medium that is of a quality that will ensure permanent records. HANDBOOK FOR MINNESOTA CITIES 7-23 CHAPTER 7 Minn. Stat. 412.151, subd. 1 Because minutes are official papers of the city, the clerk should sign them. Although the law does not require it, in many cities, the mayor also signs the minutes after the council has approved them. If the minute book includes only a clipping from the published proceedings, the clerk should sign the clipping even though the signatures of the clerk and mayor are already printed on the clipping. Minute books are public records and must be available for public view at any reasonable time. 1. Publication of council minutes Minn. 412.191, subd. 3 After every regular or special meeting, statutory cities with populations over 1,000 must publish the official council proceedings or a summary of fficial minutes. The summary must include action on motions, resolutio dinances, and other official proceedings. As an alternative to publication, the ci v mail, at city expense, a copy of the proceedings to any resident upon request, ation of the council minutes must occur within 30 days of the meeting. Cities opulation of less than 1,000 according to the latest federal census, are not re d but may choose to publish the council proceedings. The publication require does not cover home rule charter cities. Therefore, if a home rule city does ave a charter requirement, it does not need to publish council minutes. Minn. Stat. 412.191, subd. 4; Whether or not the city publishes minutes, it must publish ordinances and, Minn. Stat. 471.697 -.698. in certain cases, the annual financial statement. 2. Content of council minutes Minn. Stat. 411191. subd. 3 The clerk should include the following infonnation in the minutes: and Minn. Stat. 331A.01, subd. 6. The time and place of the meeting; The members present; A summary of all decisions made by the council, including a copy of each motion exactly as stated, whether or not the motion had a second and, if the motion was seconded, whether or not the council adopted it, and the names of the people who made and seconded the motion; and, Minn. Stat. 13D.01, subd. 4 The names of the councilmembers and the mayor who voted either for or against each motion. Minn. Stat. 412.151, subd. 1 Ordinances, resolutions.. and claims considered by the city council do not need to be fully detailed in the minutes if they appear in other permanent records kept by the clerk and can be accurately identified by the description given in the minutes. 7_24 HANDBOOK FOR MINNESOTA CITIES CHAPTER 7 3. Making an adequate record It is very important to make an adequate record of council decisions and of the factual information on which members base their decisions. Minutes are the primary record of the decision making process and are critical if council actions become Subject to judicial review. Council actions are classified as either legislative or administrative in nature. The establishment of general policies and procedures is legislative and is subject to limited judicial review. Courts typically will not substitute their judgment for a council's judgment. Administrative or quasi-judicial actions involve the application of a general policy to a specific person or situation. Administrative actions are subject to greater judicial scrutiny and will be set aside if arbitrary, unreasonable, or capricious. Therefore, it is important for the council to develop an accurate record and findings. Metro 500, Inc. v. City of For example, in order for a court to meaningfully review council actions, Brooklyn Park, 279 Minn. 294, the minutes must clearly and precisely state the council's finding of facts 211 N.W.2d 238 (1973); Inland Consir. Co. v. City of and how those facts led to the council's decision. Findings of fact serve Bloomington, 292 Minn. 379, not only to improve the decision- making process, but aid in judicial 195 N.w.2d 588 (1972). Bank review. The findings are part of the record. When a court reviews council of America v. City of St. Paul, No. C7 -97 -1073 (Minn. App. proceedings, they will rely on the records the city kept, not on the records Feb. 17, 1 998), pet. For rev. it might have maintained. denied (Minn. Apr. 30, 1998). See also cases cited concerning the necessity of findings in Chapter 16, concerning land use and Chapter 10 concerning termination of employees. personnel decisions. Bank o /America v. Cit olst. It should be noted that courts set aside routine municipal decisions only in Paula No. C7 -97 -1073 (Minn. rare instances where the decision lacks any rational basis. To avoid having App. Feb. 17, 1998), pet. For rev. denied (Minn. Apr. 30, a decision overturned by the court, substantial evidence should be included 1998). in the record to support the council's decision. 4. Parts of the record When the city council or other governing body holds a hearing, the record usually consists of two separate parts: the transcript, which preserves testimony, and the final order or determination. Following is a sample final order outline for a special use permit. The elements of the order reflect the steps taken by a hearing body in arriving at a decision: HANDBOOK FOR MINNESOTA CITIES 7-25 CHAPTER 7 A caption or title, such as, "In the matter of Ms. X's application for a special use permit"; A preamble that summarizes the council's actions at the hearing and states the purpose of the application; Findings of fact (individually numbered); Conclusions or reasons; A decision; An opinion if any; and, A copy of the transcript, tape recording or, at a minimum, detailed minutes that include all objections and rulings on them (if any). Saginaw Broadcasting Co. v. The federal courts have suggested that a hearing body adhere to the FCC, 96 F.2d 554 (D.C. Cir.), cert. denied, 305 U.S. 613 following sequence when making a decision: (1938). Council takes and weighs the accuracy and credibility of evidence; After careful consideration of the evidence, the body makes a determination of facts that are of a basic or underlying nature; From the basic facts, the body makes findings or conclusions often in the language of the statute or ordinance; and, From this finding, the council makes a decision following the statutory criterion. When a council prepares precise findings of relevant facts, the result is a well- reasoned decision. When a council can demonstrate its conclusions are consistent with all the facts in the record, its decision is likely to be upheld if judicially challenged. The record should also demonstrate compliance with all constitutional requirements, as well as with all statutory and ordinance procedural requirements. (Often, due process deficiencies, such as lack of notice, provide grounds for appeal). 7_26 HANDBOOK FOR MINNESOTA CITIES CHAPTeR 7 III. Motions, resolutions, and ordinances A. Passing ordinances and resolutions Any member of the council, including the mayor, may introduce an ordinance or resolution. "'hen ordinances or resolutions are before the council, the council may act upon them at once, refer them to a committee for study and recommendation, postpone consideration to some future time, or take any of the other subsidiary or privileged motion actions. After the council has completed all consideration and discussion of the matter, the presiding officer should read the ordinance or resolution and call for a vote. If the council decides to refer the matter to a committee, the committee may conduct an investigation and recommend passage of the ordinance or resolution in its original form or in an amended form, or reject the ordinance or resolution. Debate on the ordinance or resolution may take place at the time of introduction, while a committee is considering it, and after the commttee has reported its findings and recommendations. Minn. scat. 13D.01, sued. 4 For an action to be legal, it needs a proper motion, an actual vote, and a record of the councilmembers voting for and against the proposal. Many clerks report the names of the members who take action at each of these various steps, although the law only requires a record of the third step. Most resolutions and other procedural motions of the council must have a majority of the votes cast for adoption. To illustrate: if two members of the council vote in favor of a resolution- -one votes against it, and two abstain from voting -the resolution passes. State law requires some resolutions to M. S. 412.191, subd 4, for be adopted by more than a majority of those voting on the resolution. For summaries of ordinances. example, a resolution to approve the summary of an ordinance for M. S. 412.851 for vacation of publication requires a four fifths vote of the members of the council. And a streets. four- fifths vote of the members of the council is required to vacate a street. Minn. Stat. 412.191, sued. 4 Ordinances, on the other hand, must be enacted by "a majority vote of all the members of the council," except where a larger number is required by law. Therefore, on a five- person council, an ordinance would need at least three favorable votes to pass. State law requires a large number on some M. S. 462.357, subd. 2b. circumstances. For example, a two- thirds vote is required to change the classification of land in a zoning district from residential to cormnercial or industrial. HANDBOOK FOR MINNESOTA CITIES 7 -27 CHAPTER B. Differences between ordinances, resolutions, and motions A motion is a matter of parliamentary procedure. Motions may introduce ordinances and resolutions, amend them, and take any other actions. See e.g., Hanson v. City o f Any council enactment that regulates or governs people or property and Granite Falls, 529 N.W.2d 485 provides if violated is an ordinance. As a result, the council must (Minn. App. 1995), p es a p enalty pass, in ordinance form, all police regulations for public health, morals, economic well being, welfare, and safety. Any regulations should be of general application within the city, and of a permanent and continuing nature. Many council powers must be exercised by ordinance. These include land use controls, including the fees for land use applications, creation of a planning commission and board of adjustment, creation of a park board for statutory cities over 1,000 population; combining the office of clerk and treasurer; and establishing city council salaries. Although M. S. 412.231 Violations of an ordinance may be specified in the ordinance to be either a provides for penalties of $700 and $200, see M. S. 609.02, misdemeanor or a petty misdemeanor. State law establishes the maximum subds 3 and 4a and M. S. penalty for each violation. The maximum penalty for a misdemeanor is 609.0332 and 609.034, Which $1,000 or imprisonment of up to 90 days, or both. The maximum penalty increase these penalties to for a petty misdemeanor is $300. If the ordinance does not provide for $1,000 and $300. imprisonment, no jury trial is accorded a violator. State v. Weltzin, 618 N. W. 2d 600 (Minn. App, 2000). Ordinances may also provide permanent rules for the organization and operation of the council. If the statutes require actions to be in ordinance form, the council cannot validly perform the action by resolution. The following decisions are among those that must be done by ordinance. Stat. 412.022, subd. t. Establishing a four year term for mayor. Minn. Stat. 4 subd. 6 0 Combining the office of clerk and treasurer. Minn. Stat. 412.221, subd. 0 Regulate the use of streets and other public grounds to prevent umbrances or obstructions, and to require the owners or occupants of but s and the owners of vacant lots to remove any snow, ice, dirt or rubbish r sidewalks, and assess the cost of removal against the owners. M. S. 412.221, subd. 8 Regulate the setting out and p ction of trees, shrubs, and flowers in the city or upon its property. M. S.§ 412.221, subd. I 1 Regulate the use of wells, cisterns, reservoirs, rworks, and other means of water supply. 7 -28 HANDBOOK FOR MINNESOTA CITIES CHAPTEit PA W, F A F 6t� �6v M. S. 412.221, subd. 12. Regulate the location, construction, and use of piers, docks, wharves, V and boat houses on navigable waters, and to maintain public docks and warehouses. M. S. 412.221, subd. 14. Regulate tourist camps and automobile parking facilities. M. S. 412.221, subd. 16 Establish a hospital board and authorize it to establish a separate fund in the city treasury. M. S. 412.221, subd. l7 0 Prevent, control or extinguish fires. M. S. 412.221, subd. Is. Name or rename streets and public places, and number and renumber the lots and blocks of the city, and make and record a consolidated plat of the city, M. S. 412.221, subd. 19. License and regulate transient merchants, dealers, hawkers, peddlers, M. S.§ 330.025 (auctioneers). solicitors, and canvassers. By law, cities no longer can license auctioneers. M. S. 412.221, subd. 20 License taxicabs and automobile rental agencies. M. S. 412.221, subd. 21 Regulate animals, including the keeping of animals, animals running at large, and impounding of animals. M. S. 412.221, subd. 22. Various health regulations, including establishing a board of health. M. S. 412.221, subds. 23 and Regulate nuisances and noise and disorder. 24. M. S. 412.221, subd. 25 0 Regulate amusements. M. S. 412.221, subd 26. 0 Restrain vice. M. S. 412.221, subd.27. Regulate public dances. M.S. 412.221, subd. 28. Regulate the construction of buildings. The only regulations the city M. S. 1613.62. may adopt are the uniform state building code. M. S. 412.221, subd. 30 License and regulate restaurants. M. S. 412.221, subd. 31. Require sewer connections. M.s. 412.221, subd. 32 Provide for the governance and good order of the city; the prevention of vice; the prevention of crime; the protection of public and private property; the benefit of residence; trade and commerce; and the promotion of health, safety, order, convenience, and the general welfare. 1 M. -�3 Create a utility commission. M. S. 412.501 Create a park board i2'the city's pop elation is more than 1,000. HANDBOOK FOR MINNESOTA CITIES 7 -29 CHA'TnR 7 M. S. 415.11 Set the salaries for mayor and councilmembers. M. S. 462.353, subd. 4 0 Adopting zoning and land use controls, including establishing a board (fees), 462.354 (planning commission and board of of adjustment and planning commission and establishing the amounts adjustment), 462.357 (zoning), of land use fees. 462.358 (subdivision controls) M on Municipal License fees should be adopted by ordinance. There are no court cases Corporations Section 26.32. 10 in Minnesota requiring this practice, although a court would likely make this requirement. Councils should use resolutions for any action of a temporary, routine, or administrative nature. If the council has a question about the classification of a piece of legislative business, the city should consult its city attorney. If the council has any doubt as to whether an ordinance is necessary, it is best to proceed as if the action requires an ordinance. Lindahl v. Independent sch. The courts often view proceedings that are in the form of motions that the Dist. 306, 270 Minn. 164, 133 council approves and records, to be equivalent to a resolution. Motions are N.W.2d 23 (1965). probably sufficient for most simple administrative acts. C. Ordinances Minn. stat. 412.191, subd. 4; Only the city council has the power to enact ordinances. In almost all A.G. op. 4720 (July 31, 1959). instances, ordinances do not need voter approval. The statutes do not Minn. Stat. 412.221, subd. 33 authorize a council to seek voter consent to a proposed ordinance or even See LMCIT Risk Management to ask for an advisory opinion on its desirability. There is an exception, information memo Goojy however, that authorizes advisory elections when the council is deciding ordinances Your Cit Should whether the city should join a special district or other independent .9u,end or Repeal, which also governmental body having taxing powers. In home rule charter cities, the contains hints for writing better ordinances. A copy may be charter may provide for voter approval or advisory elections. obtained by calling the League's Research Service at (800) 925- 1122 or (651) 281 -1220. Mangold Midwest Co. V. City councils can only deal with subjects the Legislature has expressly Village of Richfield 274 Minn: 347, 143 N.W.2d 813 (Minn. authorized them to act on or that directly relate to the statutory grant. In 1966). some areas, statutory cities may enact ordinances on subjects state law already regulates, as long as the ordinances are consistent with state law. City of Birchwood Village v. sines, 576 N. W 2d 458 (Minn. But, the city's regulation of an area, including those areas where authority App. 1998). may be generally granted in the statutory city code, may be pre empted or, A. G. Op. 62b (May 4, 2000) if some other entity is empowered to regulate an area, the city may be concerning city's authority t unable to regulate that area even if there is no express pre emption in the regulate smoking in restaurants. law, 7 HANDBOOK FOR MINNESOTA CITIES CHAPTE. 7 32 Donnell Minn. Digest In addition, councils must adhere to the following general requirements Municipal Corporations 5.00 -5.12 when enacting ordinances: Press v. city if Minneapolis, Ordinances must be reasonably certain in their terms and set forth 553 N.W.2d 80 (Minn. App. objective standards to the police and the public to provide adequate 1996); ;State v. Becker, 351 N. W. 2d 923 (Minn. 1984); State notice of what is required (An ordinance must not be v. Northwest Poultry Egg unconstitutionally Vague); Co., 203 Minn. 438,281 N.W. 753 (1938); State v. Suess, 236 Minn. 174, 52 N. W. 2d 409 (1952). See State v. Hayes, C 0- 01 -241 (Minn. App. Nov. 6. 200 1) for a good discussion of this issue. Holt V. City Of Sauk Rapids, 0 Ordinances must be Consistent with the United States and Minnesota 559 N. W.2d 444 (Minn. App. 1997), rev. denied (Minn. Apr constitutions and statutes (A city ordinance is presumed constitutional 24, 1997). so long as it is substantially related to health, safety, morality or the Cascade Motor Hotel, Inc, v. general welfare. But it must be reasonable, that is, it must be fair, City of Duluth, 348 N. W. 2d general, and impartial in operation. If an ordinance is arbitrary, 84 (Minn. 1984). oppressive or partial it is invalid.); See City of Eveleth v. Town of Fayal, C2 -00 -1882 (Minn. App. June 5, 2001). See cases cited above. Ordinances must not limit nor deny any common law or constitutional rights; Ordinance provisions must not constitute an unreasonable restraint of trade; and, State of Minnesota v. Ordinance terms must be reasonable and not unconstitutionally vague. Kortkamp, 633 N.W.2d 863 (Minn. App. 2001). State of Minnesota v. Hayes, CO -01 -241 (Minn. App. Nov. 6, 2001) Handicraft Block Ltd. Certiorari is an extraordinary remedy only available to review Judicial or Partnership v. City of Minneapolis, 611 N.W.zd 16 quasi-judicial proceedings and actions. It is not available to review (Minn. 2000) legislative actions, such as the enactment of ordinances or administrative actions. HANDBOOK FOR MLNNESOTA CITIES 7 -31 I CH A? 7 See Chapter 20. When adopting an ordinance, city officials should be aware the city might Lorshbough v. Township of be liable for not enforcing a police power measure contained in the nuzzle, 258 N.w.2d 96 (Minn. ordinance. However, if the language of the ordinance did not make the 1977); enforcement of the ordinance mandatory, the city may have the discretion Schultz v. Frank C 1 -00 -285 not to enforce it. Cities should not adopt or retain an ordinance they do not (Minn. App. Aug 1, 2000). intend to enforce. The council can adopt an ordinance to respond to a pre- existing problem or nuisance, and the city may prosecute a person who violates an ordinance after it has been adopted even if the person began the activity prior to the existence of the ordinance. Pelican Fake Property Owners In an unpublished decision, the Minnesota Court of Appeals held that the Association v. Countv of Crow Wing, Nos. C5 -98 -1549, C3 -98- interpretation Of an existing ordinance is a question of law. The court 1940 (.Minn. App. Au 17, further said a city council must follow any procedures established by its 1999) own ordinances. Stale v. Howard, 360 N.W.2d The council can adopt an ordinance to respond to a pre existing problem or' 637 (Minn. App. 1985). nuisance, and the city may prosecute a person who violates an ordinance after it is adopted even if the person began the activity prior to the existence of the ordinance. 1. Form, content, and adoption of ordinances Because ordinances have the force and effect of law, their form is of utmost importance. While the law does not require an attorney to draft ordinances, their preparation should involve sound understanding of the law or they may be subject to a variety of legal objections. The city should consult a competent attorney to help prepare ordinances. Ordinances must meet certain requirements and follow a certain form. Charter cities should also look to their own charter provisions for ordinance enactment. a. Title Every ordinance should have a title that describes its contents briefly yet adequately. The phrases: "repealing ordinances inconsistent herewith" and "providing penalties for the violation thereof' should not be part of the title. b. Number Each ordinance should have an identifying number as part of its title. C. Enacting clause Minn. stat. 412.191, subd. 4 All ordinances, after a suitable title, should begin substantially in this form: "The City Council of ordains..." 7_32 HANDBOOK FOR MINNESOTA CITIES CHAPTER 7 d. Body The text of the ordinance should be written in clear and brief terms. If definitions are helpful, they should be contained in one beginning section. The sections should be short to make subsequent amendments easier and cheaper. All sections and subsections should have a number and an identifying word or short title. e. Penalty Minn. Stat. 412.231; This section is for enforcement purposes. Cities may impose maximum Minn. Stat. 169.89, subd. 2 penalties of a $1,000 fine or 90 days in jail, or both. In addition, the costs of prosecution may be added. The petty misdemeanor law, however, limits Minn. Stat. 609.02, subd .3 and Minn. Stat. 609.034 a city s authority by setting a fine limit of $300 for certain traffic offenses. f. Closing This should read: "Passed by the (name orcio) Council this 4riaw day of (month) (year)." If the council wants an effective date later than the date of publication, this section should state the effective date. g. Maps A.G. Op. 477 -B -34 (Sept. 20, If the ordinance refers to snaps and they are an integral part of the 1962; A.G. op. 59 -A -9 (Apr. ordinance, they must be included in the published ordinance. Because it is 13, 1957). expensive to publish maps, some cities omit all reference to the map in the ordinance and rely instead on word descriptions. The city then prepares a separate, unofficial map, Minn. Stat. 412.191, subd. 4. However, a statutory city council may publish a summary of a lengthy ordinance or an ordinance that includes charts. Publishing the title and summary shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had been published. In order to do this, the city council must do the following: The council must determine that publication of the title and a summary of the ordinance `vould clearly inform the public of the intent and effect of the ordinance. See Minn. Stat. 331A.01, 0 The council must approve publishing the title and summary by a four subd. 10 fifths vote of its members. The title and summary must conform to section 331A.01, subd. 10. HANDBOOK FOR MLNNESOTA CITIES 7 -33 Cxn TrR7 The sure nary must include notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the city clerk and at any other location the council designates. The council must approve the text of the summary prior to the publication of the title and summary and determine that it clearly informs the public of the inten t a nd effect of the ordinance. A copy of the entire text of the ordinance must be posted in the community library if there is one or, if not, in any other public location the council designates. The text of the summary must be published in a body type no smaller than brevier or eight -point type. Proof of the publication must be attached to and filed with the ordinance. h. Deliberation See 4 McQuiilin, Municipal The council should discuss the ordinance according to the council's rules Corporations 13.42. before passing it, even though failing to abide by these rules probably would not invalidate an ordinance if it meets statutory requirements. The statutes do not specify that an ordinance in a statutory city must have a certain number of readings, nor do they require the council to consider it at more than one meeting. unless the council has rules to the contrary, it may pass an ordinance at the same meeting at which it is introduced. i. Passage Minn. Stat. 412.191, subd. 4 Except where the statutes require a larger majority, ordinances in statutory cities must get a majority vote of all the members of the council to pass. This means, in effect, if the council has five members, at least three councilmembers must vote in favor of an ordinance. Both the clerk and the mayor in standard plan cities have the power to vote on ordinances. The mayor has no veto power. j. Attestation Minn. scat. 412.191, subd. 4 After the council passes an ordinance, the mayor and the clerk must sign it. Although not required by law, the clerk should also affix the city seal. If either the mayor or clerk refuses to sign the ordinance, a court order can Union Pub. Serv. Co, v. Village of Minnesota, 212 Minn. 92, 2 require them to do so. If there is a question of legality, the court will rule N.w.2d 555 (1942). on that issue before issuing an order. I 7 -34 HANDBOOK FOR MINNESOTA C1T1BS I CHAPTER 7 k. Effective date Unless otherwise specified within the ordinance, an ordinance becomes effective on the day following its publication in the official newspaper. 2. Ordinance book Minn. Stat. 412.151, subd. 1; Each statutory city must maintain an ordinance book containing copies of Minn. Stat. 412.191, subd. 4. all ordinances passed by the council. Every ordinance must be recorded in the ordinance book within 20 days of its publication. The ordinance book is a public record and is evidence in court. If the clerk uses printed copies of the ordinance clipped from the newspaper, a printer's affidavit should be attached to each ordinance in the book. The city should have a numbering system adequate for indexing its ordinances. In most small cities where there are few ordinances, chronological order is satisfactory. When the number of ordinances is large or when the city is recodifying its ordinances, a more complicated system of decimal numbers might be advisable. 3. Publication of ordinances The following publication requirements apply to statutory cities: Minn. Stat. 412.191, sub 4; Every ordinance must be published once in the city's official newspaper. Minn. star. 331A oz, Minn. q ualify as an official ne the new must be a le al Stat. 33 1A.04. To q g n spaper under state statute, and the council must have designated it as the e' 's official newspaper. Cities usually publish ordinances separately. If the cit ublishes them in -full as part of the minutes, the publication meets all sta tory requirements. Minn. Stat. 412.191, subd. 4 In the case of leng ordinances or ordinances that include charts or maps, the city may publish t ordinance title and a summary of the ordinance if the council determines su ublication would clearly inform the public of the intent and effect of the or ance. Minn. Stat. 412.191, subd. 4 A title and a summary may be publi ed, only if directed by a four -fifths vote of the council. Along with the title d summary, there must be a notice that a printed copy of the ordinance available for inspection by any person during regular office hours at the cl clerk's office or other location designated by the council. A copy of the e 're text of the ordinance shall also be posted in the community libra If there is no library, the entire text of the ordinance must be posted in a other public location designated by the council. HANDBOOK FOR MINNESOTA CITIES 7 -35 CHAPTER 7 Minn. stat. 412.191, suba. a 'or to publication of the tile and summary, the council shall approve the text of t e ry a and determine that it clearly informs the public of the intent and effect o ante. Publishing the title and summary shall be deemed to meet all legal publicatimn-r-.c rements as completely as though the entire ordinance had been published. Minn. stat. 331A.05, suba. An ordinance must be published within 45 days after being passed. Failure 2tc>; A.G. op. 277 13 4 (Feb. to publish within 45 days, however, will not necessarily invalidate the 11, 1986). ordinance. Minn. tat. 412.191, subd. 4 The text of the summary shall be published in a font no smaller then brevier or eight -point type. Proof of publication shall be attached to and 1 h the ordinance. Proof of publication is an affidavit of publication that the newspa t furnish when it sends its printing bill. The absence of an affidavit of publicatijr he �ver, does not invalidate an ordinance. The affidavit facilitates proof of public atlo d anyone challenge that fact in a lawsuit. W.H. Barber Co. v. City of Errors in the publication of an ordinance may or may not affect the validity Minneapolis, 227 Minn. 77, 34 of the ordinance. If the error is minor so that the correct meaning is clear N. W.2d 710 (1948). from the context, the error has no effect upon the ordinance's validity. When the error is more substantial, however, the ordinance provision containing the error is ineffective and void. Minn. stat. 331 A.05, suba. 6 In home rule cities, the charter can impose additional or special qualifications for the publication requirements of ordinance notices or proceedings. 4. Adoption by reference Minn. stat. 471.62 Statutory and charter cities can avoid publication requirements when adopting certain complicated regulatory codes in ordinance form by using the process of adoption by reference. In effect, cities can adopt certain regulations by passing and publishing an ordinance that identifies statute or other rule by name. 7 -36 HANDBOOK FOR MINNESOTA CITIES CHAYI ER 7 Minn. Stat. 471.62. Cities may adopt the following by reference: Minnesota statutes; State department administrative rules or regulations affecting the city; The state building code and the uniform fire code; Codes (or parts of codes) prepared for general distribution in printed form as a standard or model by any governmental, trade, or professional association on the subject of building construction (limited to the state building code), plumbing, electrical wiring, flammable liquids, sanitary provisions, public health, safety, or welfare; and, Compilations or regulations or standards prepared by regional and county planning agencies on the subject of planning, zoning, subdivision regulation, and housing regulation. Minn. Stat. 471.62 All other statutory publication requirements also apply. In addition, prior to 5p q p publication or posting, at least one copy of the incorporated ordinance or code must be marked as the official copy and filed in the clerk's office for public use and examination. The clerk must furnish a copy, at cost, of any incorporated ordinance or code to any person upon request. Minn. Stat. 471.62. Incorporation by reference does not authorize a city to adopt ordinances on any subject it does not have power by statute or charter to legislate. A.G. Op. 59 -A -9 (July 18, Codes, statutes, rules, regulations, and ordinances the council adopts by 1967); reference remain effective in their original form until changed or repealed A.G. Op. 59 -A -9 (Mar. 27, by the council changes. Any changes an issuing agency makes after the 1956). city's adoption of the code, do not take effect automatically. The city, when adopting the code by reference, cannot stipulate that any future revisions are automatic. One exception is that future changes in the building code automatically become part of the city's building code. If the city wishes to incorporate latter changes in any other codes, it must pass an amending ordinance. Upon request, the clerk must furnish a copy of any code adopted by the city by reference. The clerk may levy a charge sufficient to cover the cost of providing the copy. HANDBOOK FOR MINNESOTA CITIES 7 -37 CHAPTER 7 5. Alteration of ordinances a. Amendment The council must follow the same procedures for amending an ordinance as those followed for passing an ordinance. After the amendment is passed by a majority of the council, it must be attested to, published, and included in the ordinance book. In addition, the form of the amendment should be like new ordinances with respect to title, enacting clause, body, closing, and signatures. The council cannot change an ordinance by resolution; it must pass an amending ordinance. If the ordinance is short or if the changes are numerous, the council will usually re -pass the entire ordinance in its amended form, repealing the old ordinance in a separate section. An optional form would be to title the new ordinance as an amendment, and then recite the entire ordinance as it would read after amendment. If the ordinance to be amended is so long that the cost of publishing it in its entirety would be prohibitive, the council may pass an amending ordinance that sets forth only the sections that will change. The council may include several amendments to the same ordinance in different sections of the same amending ordinance. The council should label an amending ordinance as such, and should state the ordinance and sections in the proposed change. The council should avoid the practice of amending a single word or picking out a single sentence from a paragraph. This practice frequently leads to confusion and the possible invalidation of an entire section of an ordinance. A better practice is to reprint the section or subsection in full as it would read after amendment. If the council wishes to re- number its present ordinances, it may pass a re- numbering ordinance. The city must publish the re- numbering ordinance, but it does not have to include the text of the old ordinances. b. Repeal A city may repeal an ordinance only by passing another ordinance stating the title, number, subject, and date of the ordinance being repealed. The ordinance must explicitly state it is repealing the ordinance. To repeal an ordinance, the council must follow the same requirements for adopting ordinances. The council can repeal any number of ordinances in a single repealing ordinance. 7 -38 HANDBOOK FOR MINNESOTA CITIES CHAPTcR 7 Frequently, when a council passes a new ordinance or revises an ordinance, the new ordinance will contain provisions that are inconsistent with or replace similar provisions in an existing ordinance. Some cities insert a provision in the new ordinance repealing any or all ordinances or portions of ordinances inconsistent herewith. Such a clause is a waste of time and print. A better practice is to repeal, by name and number, any inconsistent provisions of former ordinances. If this is impractical, it is best to say nothing about the repeal of inconsistent ordinance provisions since the new ordinance automatically supersedes all inconsistent provisions in existing ordinances. 6. Codification of ordinances a. Purposes of codification Citizens have a right to know what their government whether national, state, or local requires of them. This is fundamental due process in our legal system. If a citizen is to know the law on a particular matter, he or she must first know where to find it. If a citizen is interested in knowing the city's current law on a particular matter, where does the search begin? In the book covering the minutes for the last 65 years? In the clerk's files? In the basement of city hall? Depending on the current state of affairs in the particular city, the answer to any or all of these questions could be "yes." In assessing the need for codification, a city should begin by asking the following questions: What condition are the ordinances in? Are they organized in one place? Are they properly indexed? Are they cross- referenced? Are they up -to -date? Are they internally consistent? Are they in compliance with state and federal laws? Are they complete? A codification of city ordinances allows city officials to respond affirmatively to all of these questions. A proper codification project encompasses all of the following: Identification of conflicting ordinances, and repeal or re- drafting of inconsistent or unclear ordinance provisions; Removal of archaic and unconstitutional ordinances; Development of a system that facilitates access to the city's laws and provides for continuous updating; Development of comprehensive indexing and cross referencing; Review of the entire body of city ordinances for omissions; and, HANDBOOK FOR MINNESOTA CITIES 7 -39 CHAPTER 7 Organization of city ordinances into an easy -to -use reference book known as the city code. A well drafted city code helps a city operate efficiently and effectively. Ordinances are grouped together by subject, not by the chronological order in which they were passed. This eliminates the need to sort through stacks of loose ordinances to find a regulation on a particular subject. Cities have a number of options for completing a codification of ordinances. Occasionally, the city attorney or city clerk will do the codification, but in many cases competing demands on their time make it difficult for them to undertake the project. Cities can also hire private consulting firms that specialize in charter revision and ordinance codification. The League of Minnesota Cities, in partnership with American Legal Publishing, provides codification services to member cities. The service is designed to provide each city with a customized city code that meets the needs of that particular city by establishing an interactive working relationship between the League, the city council, the city attorney, and any other city representatives chosen by the council. The League provides the following services as part of its codification service: Sorting, integrating, and organizing all current ordinances; Updating all ordinances to reflect current state and federal laws; Simplifying and using gender- neutral language; Suggesting new ordinances; Numbering all sections to allow the easy insertion of future amendments; Submitting a full -text draft for city review and approval; and, Delivering multiple copies of the final code with a detailed table of contents and complete index. Options are available for electronic editions of the code with full text search capacity and Internet support of the city code with links to the city's designated web site and to the League's web site. The League also offers assistance in drafting and reviewing individual ordinances. In addition, the League has available for purchase a basic city code for Minnesota cities, which can be customized by the League's codification service to meet the needs of individual cities. 7 -40 HANDBOOK FOR MINNESOTA CITIES CHAPTIF R 7 b. Codification procedures Minn. Stat. 415.02 The council may codify any general or special laws, ordinances, resolutions, rules, and bylaws in force in the city. Minn. Stat. 415.021 The city may print and publish such a codification in book, pamphlet, or newspaper form. Newspaper publication is not necessary if the city prints a substantial number of copies of the codification for general distribution to the public. Minn. Stat. 415.02; Minn. A council may declare, by ordinance, that the codification is prima facie Stat. 599.13. evidence of the city's law. After three years, the compilation and publication of any codification book or pamphlet is conclusive proof of the regularity of the ordinances' adoption and publication. 7. Prosecution responsibilities Minn. Stat. 412.231 The city council has the power to declare the violation of any ordinance to Minn. Stat. 609.02, subd. 3 be a penal offense and to prescribe penalties. The maximum penalty is a and Minn. Stat. 609.034 fine of $1,000, imprisonment in a city or county jail for a period of 90 days, or both. In addition, prosecution costs may be added. Minn. Stat. 412.861, subd. 1; All prosecutions for ordinance violations are brought in the name of the Minn. Stat. 487.25, subd. 10 city upon complaint and warrant as in other criminal cases. The city may hire an attorney, including the county attorney, for this purpose. Minn. Stat. 412.861, subd. 1 If the accused is arrested without a warrant, a written complaint must be made. The accused must then plead guilty or not guilty, and a warrant shall be issued and served by either the sheriff or a police officer. The city may have the sheriff or a city police officer serve an ordinance violator with a warrant for the arrest. City police officers, however, cannot serve criminal warrants outside the city limits. Minn. Stat. 412.861, subd. 2 The complaint must describe the violated ordinance at least by section and number or chapter. When the complaint describes ordinances in this manner, the court considers them general laws that do not need proof in evidence. Minn. Stat. 487.25, subd. to The city attorney, or the county attorney with whom the city has contracted to prosecute such violations, must prosecute all violations of a municipal ordinance or charter, regardless of city population. Minn. Stat. 487.21, subd. 3 The trial on all ordinance violations must be conducted in the municipality where the alleged violation occurred if the court regularly holds sessions at that location, or in another location within the county as the court designates. HANDBOOK FOR MINNESOTA CITIES 7 -41 CHr 'TER 7 Minn. star. 412.861, subd. 2 Upon conviction, it is within the judge's discretion to impose a fine, jail time or both. The judgment must direct, that if the defendant does not pay the fine, the defendant shall be committed to the county jail for a period not exceeding 90 days. Minn. scat. 412.861, subd. 3 A defendant may appeal any conviction or sentence to the Minnesota Court of Appeals. The defendant must post a bond to the city to be approved by the court. The bond represents the defendant's promise to pay all awarded costs and damages if the defendant loses the appeal. After initiating and perfecting the appeal, the defendant must be released from custody. Minn. Stat. 487.25, subs. 10 State law requires the county attorney to prosecute all felonies. In most counties, cities with a population of more than 600 must prosecute most statutory misdemeanor and petty misdemeanor violations that occur within the city. If a city has a population of 600 or less, it may, by resolution of the city council and with the approval of the county board of commissioners, give the duty to the county attorney. Prosecution responsibility of gross misdemeanors is split depending on the location of the city and the particular offense. Minn. Stat. 487.33, subds. t, The court administrator pays all fines and penalties to the county treasurer 5 of the county in which the funds were collected. On or before the last day of each month, the county treasurer must pay the proceeds from fines and penalties as follows: one -third to the subdivision that provides the arresting officer, one -third to the authority providing the prosecution, and one -third to the county for court and jail services. There are two exceptions to this division of fine money. Minn. Stat. 487.33, subd. 5 First, cities are entitled to all. fines and penalties for parking violations if they do not issue complaints and warrants. Second, under the state law relating to fines and forfeited bail money from state patrol traffic arrests, the division of fines is as follows: Minn. Stat. 299D.03, subd. 5 If the arrest occurs within a city and the city attorney prosecutes the (a)(3) offense and the defendant pleads not guilty, one -third of the money goes to the city, one -third to the county, and one -third to the state; Minn. Stat. 299D.03, subd. 5 In all other cases, three- eighths of the money goes to the county, tai. five- eighths to the state, and none to the city. Under the court system, a city council can maximize the delivery of court services to its community and provide for ease of prosecution in several ways: Minn. Stat. 487.2 1, subd. 1 A city council may petition the county board to direct the court to hold sessions in that city. The city must be willing to provide, at its own expense, suitable facilities for court sessions. 7 -42 HANDBOOK FOR MINNESOTA CITIES CHAPTER Minn. Scat. 487.21, subd. 1 Two or more governmental units may petition for the holding of night court, but the court will determine the location. The law also permits the court to establish traffic and ordinance violation bureaus in locations determined by the court. The city cannot force the court to establish a bureau in the community. A council, however, might successfully negotiate for the establishment of a bureau within its city. IV. Local approval of special laws Minn. Const. art. xu, z; Under the Minnesota Constitution, any law that affects a single unit of Minn. Stat. 645.021 local government or a -nroup of such units must name the unit or units. Also, the law does not take effect, with certain exceptions, until a majority of the city council passes a resolution approving the law, unless another method of approval is specified in the law. Unless otherwise required by the special law, the usual procedural requirements apply to resolutions. Publication is not necessary. Local approval is necessary except for the following cases: Minn. Stat. 645.023, subd. 1 A law enabling one or more local government units to exercise authority not granted by general law; Minn. scat. 645.023, subd. 1 A law bringing a local government unit within the general law by repealing a special law, by removing an exception to the applicability of a general statutory provision, by extending the applicability of a general statutory provision, or by reclassifying local government units; or, Minn. scat. 645.023, subd. 1 A law that applies to a single unit or a group of units with a population of more than one million people. Minn. scat. 645.021, subs. 3 When local action is necessary to approve the special law, the city must file a certificate of approval with the secretary of state. The secretary of state usually furnishes the city with certificate forms when the city receives notice of the passage of the special law. The local unit must approve the special law by the first day of the next ensuing regular session of the Legislature in order for it to take effect. Minn. Stat. 645.02 Special laws take effect in the city the day after the city files the certificate of approval unless the special law provides otherwise. A model form the resolution should follow is printed below: HANDBOOK FOR MINNESOTA CITIES 7-43 CHAPTER 7 A. Model resolution approving a special law Resolution approving Laws of Minnesota, &Bur) Ch. /Chaser number and certinn,ifal2n 'rah ei WHEREAS, Laws of Minnesota 4}earl Ch. (ch ter number and certinnl entitled "An Act" requires approval by a majority of the city council before it becomes effective. BE IT RESOLVED by the city council of 4zLW, that Minn. Laws &-earl Ch. (ch inter numher and section is hereby approved. Adopted by the council this I e) day of imp ea- Mayor City Clerk Official seal V. How this chapter applies to home rule charter cities Several sections of this chapter maybe useful to charter cities: The first part, Types of council meetings, generally applies to statutory cities, although the sections discussing meetings held by interactive television and emergency meetings apply to all cities. The portions that discuss the Minnesota open meeting law apply to all cities. The sections on agendas, parliamentary procedures, and making an adequate record apply to both statutory cities and charter cities. Motions, resolutions and ordinances generally applies only to statutory cities. Home rule charter cities may have different hearing and publication requirements in their charters. However, Local approval of special laws, applies equally to charter and statutory cities. Under the provisions of this law, charters could not be amended by special law without local approval, except for the specific limited instances. 7 -44 HANDBOOK FOR MINNESOTA CITIES CHAPTER 25 B. Optional method Minn. Stat. 15.73 At the option of the contractor, the city must pay retainage to the contractor. The contractor may deposit bonds or securities with the public contracting agency or in any bank or trust company that may hold the security in lieu of cash retainage for the benefit of the city. In that event, the city must reduce the retainage in an amount equal to the value of the bonds and securities, and pay the amount of the reduction to the contractor. Interest on the bonds or securities is payable to the contractor as it accrues. The state treasurer approves the types of bonds and securities a contractor may provide in lieu of retainage. They include, but are not limited to: bills, certificates, notes, or bonds of the United States, other obligations of the United States or its agencies, obligations of any corporation the federal government owns, or indebtedness of the federal National Mortgage Association. If the city incurs additional costs because of this option, it may recover the costs from the contractor by reducing the final payment due under the contract. As work on the contract progresses, the city must, upon demand, inform the contractor of all accrued costs. X. Conflict of interest in contracts Minn. stat. 471.87 -.89 Subject to certain exceptions, city officials may not have a personal See Lea Memo 140a.3, Official financial interest, either directly or indirectly, in any contract the council Conflict of Interest makes. A city council generally may not contract with one of its members, except in limited circumstances. For councilmembers, these prohibitions apply whether or not the interested councilmember actually votes or otherwise attempts to influence the council in its consideration of the contract or any related matter. The application of these riles to contracts a city makes with the spouse of an official is uncertain; it depends largely on the facts in each particular case. Since the interest of an official under the statute may be direct or indirect, a contract with the spouse of the official may invoke an infraction of the law. Each case will depend on its individual facts. See League Memo, Ofietat There are a number of limited exceptions to this prohibition. A detailed Conflict oflnterest discussion of these exceptions can be found in the League research memo on conflict of interest. 25 -34 HANDBOOK FOR MINNESOTA CITIES CI APTER 6 H. Special concerns --gift law, conflicts of interest, and incompatible offices There are several areas that are special concerns for all elected officials and some appointed officers. These include the following: Gift law. City officials are generally prohibited_ from accepting gifts, although there are a few limited exceptions. Conflicts of interest. City officials are prohibited from entering into a contract that one of their officials has an interest in. There are some exceptions to this rule. Incompatible offices. City officials may not hold two offices that are incompatible. See Official Conflict of interest In all three of these areas, the law is complex and whether a violation has (LMC 140a.3) occurred is not always clear. Even when a situation does not violate these laws, people sometimes still question whether a public official has acted ethically. This section discusses each of the laws in more detail. (A research memo with further detail is available front the League.) 1. The law prohibiting gifts to city officials Minn. star. 471.895 With some exceptions, every gift to any city official is prohibited. An interested person may not give a gift or request another to give a gift to a local official. A local official may not accept a gift from an interested person. Minn. stat. 471.895, subd. 1 An "interested person" is a person or a representative of a person or (C) association with a direct financial interest in a decision the local official is authorized to make. The law prohibits gifts to local officials, not to cities. Thus, a gift can be given by an interested person to a city. Whether the city can pass the gift on to local officials is discussed below. A gift means money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving consideration of equal or greater value in return. A local official means an elected or appointed official of a county or city, or of an agency, authority, or instrumentality of a county or city. 6 -8 HANDBOOK FOR MINNESOTA CITIES s CH; P FER 6 All members of the city council, appointed boards, commissions, and committees are covered by this law. The definition of an interested person implies that appointed officials who are authorized to make decisions or recommendations that could impact someone financially also cannot accept gifts. Top appointed officials are thus covered, such as the manager/ administrator, clerk, financial officer, and other department heads. Other covered city employees include inspectors and people who can make decisions or recommendations about purchasing property, supplies, or services. It is possible to construct fact situations where any public employee can make or recommend actions that could affect someone's direct financial interest. Peace officers and public works employees are examples. Many cities interpret the gift law to include all city employees. An interested person who cannot give a gift to a local official includes anyone who is or may provide goods or services to a city —such as engineers, attorneys, fiscal advisors, contractors, and sales representatives. Virtually every resident of the city and anyone doing business in the city could at some time have a direct financial interest in a decision a local official is authorized to make and this would qualify as an interested person. The following are possible examples where a property or business owner's financial interested could be effected: The levying of property taxes. The spreading of special assessments. The valuation of property for tax purposes. The issuing of a license. The zoning of property or granting of a land use permit. Any person doing business or residing in the city is potentially an interested person as far as a city councilmember is concerned. Whether a resident or business owner is a potential interested person as far as members of boards and commissions are concerned depends on the types of decisions or recommendations they are authorized to make. The decision or recommendation a city official is authorized to make does not have to be pending or probable. If the city official is authorized to make that decision or recommendation; then a person who could at any time have a direct financial interest in that decision or recommendation is an interested person and any gift from that person is prohibited. Minn. stat. 471.895, subs. 3a Since virtually every elected or appointed city official or employee is covered by the prohibition of gifts law, the question of whether anything is exempted from the gift taw is important. There are a few limited types of gifts that are not prohibited. The following types of gifts are permitted: HANDBOOK FOR MINNESOTA CITIES 6 -9 CHAPTER 6 Political contributions. Services to assist an official in the performance of official duties. Services of insignificant monetary value. A plaque or similar memento recognizing individual services in a field or specialty or to a charitable cause. A trinket or memento of insignificant value. Informational material of unexceptional value. Food or beverage given at a reception, meal, or meeting away from the recipient's place of work by an organization before whom the recipient makes a speech or answers questions as part of a program. This exception probably pen only principal speakers at meetings to receive gifts of food or beverage. There are no blanket social exceptions to the law prohibiting gifts to local officials. But, gifts given because of the recipient's membership in a group, a majority of whose members are not local officials, is permitted if an equivalent gift is offered to or given to the members of the group who are not local officials. And. gifts given by an interested person who is a member of the family of the recipient are permitted, unless the gift is given on behalf of someone who is not a member of that family. Also, gifts given by a national or multistate organization of governmental organizations or officials, if a majority of the dues to the organization are paid from public Rinds, if the gift is food or a beverage given at a reception or meal and an equivalent gift is given or offered to all other attendees. The law prohibits gifts to city officials, not to cities. Thus, an interested person can give a gift to a city. If the giver has no control over who will receive the gift, and the gift was not targeted to a specific person, perhaps a city official could benefit from that gift. However, if the person who benefits has any control over the decision to have that gift benefit that person, the gift would be prohibited. For example, if an interested person gave five tickets to a football game to a city, the council could not decide to use the tickets themselves. 2. Conflicts of interest There are two types of conflicts of interest that a councilmember may encounter: 6 -10 HANDBOOK FOR MINNESOTA CITIES r CHAPTER 6 Minn. slat. 471.87 and A councilmember of a statutory city may not have a direct or indirect 412.311. personal, financial interest in any sale, lease, or contract they are authorized See League memo, Official to make in their official capacity. There are limited exceptions to this law. Conflicts of Interest (LMC 140x3). But unless there is an exception an contract made in violation of this law is void. That is, neither the councilmember who benefits from the contract nor the city may enforce the contract. Also, city councilmembers who knowingly authorize a prohibited contract, even though they do not benefit from it, may be guilty of a crime. The councilmember who would benefit from the contract could also be guilty of a crime if that person entered into it knowing it would be illegal. The contract is invalid even if the benefiting councilmember did not participate in the discussion of the contract or vote on it. Even if the councilmember acted in good faith and the contract was fair and reasonable, the contract is void because it is prohibited by the conflict of interest in contracts law. There are also situations where councilmembers may find they have an interest in a non contract decision the council will make. This type of interest could be of a financial nature, but isn't always. These non contract matters may include such things as council decisions on zoning, local improvements, and the issuance of licenses. Although not generally prohibited by law, an interested councilmember should abstain from participating in the council discussion and from voting on these issues, otherwise the council decision could be reversed by a court because of the self- interest. 3. Incompatible offices State Op. t5 il v1 incompatible offices are any public offices an individual may not hold ex 157 Minn. 263,196 N.W. 615 simultaneously. The term, "incompatible office" when applied to a (1908); Kenney v. coergen, 36 combination of public offices, means that a conflict of interest would exist if Minn, 190, 91 N.W. 210 (1886). one person held them at the same time. The term, "office" includes all See League Memo, Official elected offices and those appointed positions that have independent authority Conflict of Interest (LMC under law to determine public policy or to make a final decision not subject 140a.3) for a discussion of incompatible offices. to a supervisor's approval. State laws do not generally prevent a person from See also House Research holding two or more governmental positions. However, without specific Infomlation Brie, statutory authority, government officials cannot hold more than one position Compatibilit of offices, for if the functions are incompatible, or if the jobs create a conflict between two more information. different public interests. McCutcheon v. City of St. Paul, 216 N.W.2d 137; (Minn. 1974). HANDBOOK FOR MINNESOTA CITIES 6 -11 r T CHI T'iER 6 Unless otherwise limited by law, an individual may apply for ra job or nm for an office that is incompatible with a current position without resigning from the current osition. However, if the accept a position or receive a p Y P P certificate of election to an office considered incompatible with the previously held job or office, the individual is considered to have resigned from the first position. A.G.Op. 471 -M, Dec. 11, 1957• When an official qualifies for a second and incompatible position (by taking an oath and filing a bond, if necessary), that person automatically resigns from the first position, which then becomes vacant. However, an individual can run for election to a position that is incompatible with the position the person already holds without resigning from the first. Positions are incompatible when ANY one or more of the following conditions exist: If the holder of one position (or the group or board of which the person is a member): Hires or appoints the other. Sets the salary for the other. Performs functions that are inconsistent with the other. Makes contracts with the other. Approves the official or fidelity bond of the other. If a specific statute: States that certain positions may not be held by one person. Requires that the holder may not take another position. Requires that the holder devote full -time to the position. If one of the positions: Is in the federal service (except for postal employees). Exists by reason of a contract made by the group or board of which the holder is a member. Is in a governmental unit whose interests and purposes conflict with those of the group to which the other belongs. Has duties that conflict or are antagonistic to those of the other. A waiver of salary or serving without pay does not change the incompatibility of any two positions because it does not change their basic character and relation to each other. 6 -12 HANDBOOK FOR MINNESOTA CITIES r CHAPTER 6 Some of the more common examples of offices that are incompatible include: AG. Op. 358e -7, Mar. 5, 1965. City treasurer and councilmember or mayor. A.G. Op. 358e -9. Dec. 13, 1969. School board member and councilmember or mayor. A.G. Op. 358e -3, Mar. 6, 1946. City attorney and councilmember or mayor. Minn. star. 412.152 State statute now allows a statutory city mayor to be the fire chief of an Also See discussion in independent nonprofit firefighting corporation if certain conditions are met. Official Conflict of The statute, however, is unclear on several points. It does not address Interest (LMC 140a.3) council positions other than the mayor, so there still may be incompatibility concerns. It also appears to be limited to independent nonprofit fire departments, so city departments (whether volunteer or salaried) are not addressed. Although the statute outlines general criteria under which there will not be incompatibilities, there is still some vagueness regarding what functions between the two offices would be considered inconsistent. A.G. Op. 90-c, Apr. 17, 1978. A mayor or councilmember apparently can be a member of a volunteer fire Minn. stat. 471.88, subd.6. department because the office is not incompatible and the conflict of interest law contains an exception for this type of service. However, the proper procedures for entering into the contract must be followed. The council member who is a member of the department cannot participate in the discussion or vote on the contract, and the contact must be approved by unanimous vote of the other members. Because each city may have a different relationship with its fire department, a city may want to get a legal opinion from its city attorney or from the Attorney General before allowing a councilmember to serve as a firefighter with any sort of supervisory powers. Minn. stat. 43A.32, State laws allow federal and state employees from holding city offices as subd.2(b). long as the positions are compatible. Federal civil service rules generally require all people covered by the rules to resign before seeking local elective office. State civil service employees can hold any local elected office as lona as it does not conflict with their regular state employment. The Dept. of Employee Relations will make the determination of whether a conflict exists. Ultimately, whether two offices will be incompatible depends on the character of the offices and their relationship to one another. For further information on incompatible offices, talk to your city attorney or contact the League of Minnesota Cities. 1. Photographs HANDBOOK FOR MINNESOTA CITIES 6 -13 r Page 1 of 2 Michael McCauley From: Diane Niesen Sent: Saturday, January 01, 2005 9:48 PM To: Michael McCauley Subject: On the Citizen's League Report... Please include this email in our next council packet and place on WS Agenda. Thank you. In City Manager McCauley's Memo to Council of 12- 30 -04, there is a paragraph titled: Citizen's League. I would like to comment. Sentence (S) 2 reads, in part: ...one measures tax rate and the other looks at the actual taxes paid on the average home in each community." Comment: At first I interpreted this to mean: on each community's average value home, which for BC wouldn't be $195K. But further down it reads: "hypothetical taxes on the average valued home in the TC Metro Area." So my interpretation was wrong it wasn't the "average home value in each community," it was the average TC Metro home value AS TAXED in each community. (This is an example of where I believe communications /writing /presentation can be improved.) The gist of the Memo is: BC may be portrayed negatively, BC is portrayed incorrectly as being 3rd highest taxed, BC has a lot of really inexpensive /affordable homes equating to a home value average market assessment of $127,978 Below is my take on this information. The Taxpayer League (TL) is focused on ONE presentation: amount of taxes being paid on ANY given home value (be it $127K, or, in this case, $195K). It's a surface number and meant to be factual, and an indicator (you can look deeper, but here's a true starting point). The TL is NOT trying to any more present each community's: number of houses costing less than X, or more than Y; number or quality of C/I properties; number of tax exempt or TIF properties per capita or gross, number of businesses not in default, number of homes that need repair, house size you could get for $195K, etc., than it is trying to present crime rates or other factors that could influence housing /commercial values /taxes. TL just takes a fair number: average Metro Area home value, and tells people how much taxes they would pay if they plunked that house down in any community. It's a matter and measure of cash flow needed for investing in property. As we all know, and have been presented with multiple times, tax calculations are complex and involve many variables, shift from year to year, and involve many pieces of information (depth). It wouldn't seem feasible or desirable to try and present all these variables in a publicized (public) report on the difference between tax amounts /rates in all the Metro communities. The TL chose their report card format because it does give a factual at -a- glance number. That is, on a specific amount of value, how much tax would be paid, in each Metro Area community? ($Xvalue x Ytaxrate $Taxespaid). What otherwise would we, BC staff /officials, like to say /portray about BC? Or have said about us? That we have more low or affordable home values or C/I investments of any community in the Metro Area? That our housing values are depressed for reasons out of our control? That we are TIF or Tax Exempt property heavy? What the TL Report is saying IS TRUE. If people take $195,000 and buy property, in the Metro Area THOSE PEOPLE will be paying higher property taxes in BC than if they took that $195,000 and bought property almost anywhere else in the Metro Area. It doesn't matter if they'd get less house in Edina, or more in Ramsey, this is all about the cash flow you'll need to put out year after year after year, with the sure bet that from that point taxes will rise year after year after year. When you purchase ANY item, sometimes the initial cost is less, and much less, than the cost to maintain the item. Think of software. Think of house siding. Taxes CASH OUT. 01/03/2005 3 r Page 2 of 2 SO, for people /realtors reading the TL Report, those tax figures are their starting point. They'll due their due diligence on schools, crime, neighborhoods, infrastructure, etc., but the gross tax dollar amount gives them a fair place to begin. If we in BC want to move OUT of being one of the highest taxed communities in the Metro Area (on any given dollar amount of value), then, simply, we need to take action to accomplish and achieve that. If, however, we want to start a marketing campaign about how we hardly have any properties in BC that exceed $195K in value, and Brookdale isn't doing well, and we've had to give many TIF incentives to attract C /1, we can talk about that because I, for one, don't see that as a selling point for where we want to go as a City. Going forward, I would like conversations on tax burden to deal with our BC's reality and taxpayer abilities /capacities. It brings us no value to regret the TL Report and, in fact, may bring unwanted attention to things we are trying to improve. 01/03/2005 3 y MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley, City Manager DATE: December 30, 2004 SUBJECT: Update BROOKDALE Mr. LeFevere has been advised by an attorney for Fleet National Bank, the holder of the construction and interim loan agreement for Brookdale, that Fleet National Bank and Regency Savings Bank intend to commence foreclosure actions on Brookdale. They will also be seeking appointment of a receiver. It is contemplated that the real estate taxes would be brought current on or before February 15, 2005. While it is unfortunate that Brookdale is in the current position o f delinquency, this potential movement by the lenders would be a positive step towards resolving issues at Brookdale. Mr. Clelland continues to go forward with litigation regarding the failure of Talisman to install the smoke system that is required. PASTOR PAUL ARNOPOULS: LATASHA BLAKE Councilmember Carmody requested that the Council be informed that she would responding to the letter that everyone on the Council received from Pastor Paul Arnopouls requesting information for Latasha Blake. Ms. Carmody is sending Ms. Blake a letter enclosing a copy of the Community Guide. CITIZEN'S LEAGUE The Citizen's League released it annual report. The Citizen's League conducts two studies, one measures tax rate and the other looks at the actual taxes paid on the average home in each community. Unfortunately, the only part of the study that the Citizens League chooses to emphasize and put in its press releases is the hypothetical taxes on the average valued home in the Twin Cities Metropolitan Area. This then is the information used by the media. In the current report for taxes payable in 2004, the City of Brooklyn Center ranks 87 in terms of the taxes paid by the avera��e homeowner in Brooklyn Center. Conversely, if the hypothetical $195,000 tax value was used, a resident would pay the third highest taxes. This results from the difference between the average assessed market valuation of $127,978 on a Brooklyn Center home for 2004 as compared to the Citizen's League use of $195,000 home value. The end result is that the Citizen's League report overstates taxes for lower property valued communities and understates taxes in property wealthy communities. Enclosed is a copy of the chart from the Citizens League.