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HomeMy WebLinkAbout2005 08-08 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION August 8, 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 To: Brooklyn Center Mayor and City Council Members From: Council Member Diane Niesen Re: Proposed revisions to BC Ordinance #12: Bldg Maintenance and Occupancy, Licensing of Rental Units section (begins at Section 12 -900) Based on conversations with the Housing Commission in 2004 -2005, conversations at various City Council meetings, and Rental Housing provisions of other cities, it is my opinion that changes to various provisions of the Licensing of Rental Units section within Brooklyn Center's (BC) Ordinance #12 would better serve our citizenry and improve the consistency of rental rights and laws across cities in the metro area. My concerns regarding provisions of O-# 12 were outlined in a memo presented to the Housing Commission in May 2005, and the Council in June 2005 and is the source of these proposed revisions. BC's rental housing laws would consider /adopt the following philosophy: Housing definitions are provided in the property tax database, zoning code field. BC adopt the rental licensing provisions of New Brighton, including which was done in part witlr BC's approval of their Conduct on Licensed Premises. In any case, RI and R2 rental property is defined as that which is non owner /fancily occupied and non homesteaded, both objective measures of compliance. Zoning and Code Enforcement continue to be enforced as is including provision for density. Organization in 0412 include having all provisions related to rental property within one section number, with sub section numbers as indicated. Have Housing Commission review and propose any revisions /clarifications for associated rental property definitions such as: family, dwelling, dwelling unit, multiple family dwelling, owner, rental dwelling or dwelling unit. If the term duplex is to be considered, add to definition section. Terms found in other ordinances (e.g., Zoning 0435) should be similarly updated. Have Housing Commission review penalties for appropriateness to desired purpose and ability to be enforced. In making the above revisions, I believe BC's rental housing law would serve the stated purpose of 0412, would be simplified, streamlined, objective and enforceable. This effort should take minimal time on the part of the Housing Commission as background discussions and a statement of philosophy have already taken place, and been provided to Council in June of this year. page 1 CITY COUNCIL MEETING City of Brooklyn Center August 8, 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. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. 4. Roll Call 5. Pledge of Allegiance 6. Council Report 7. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. L July 25, 2005 Study Session 2. July 25, 2005 Regular Session 3. July 25, 2005 Work Session b. Licenses CITY COUNCIL AGENDA -2- August 8, 2005 8. Public Hearing Item a. Special Assessment for 4210 Lakebreeze Avenue North Resolution Amending Special Assessment Levy Roll No. 16279 to Provide for the Reduction of Charges to Parcel ID No. 10- 118 -21 -32 -0062 -Requested Council Action: Motion to re -open the Public Hearing. —Take public input. Motion to close the Public Hearing. Motion to adopt resolution. 9. Council Consideration Items a. Resolution Approving Section 22 of Article 2 of Chapter 152 of the Laws of Minnesota 2005 Use of Tax Increment Financing Requested Council Action: Motion to adopt resolution. b. Resolution Recognizing Representative Debra Hilstrom for Her Legislative Efforts on Behalf of the City of Brooklyn Center -Requested Council Action: Motion to adopt resolution. C. Resolution Recognizing Senator Linda Scheid for Her Legislative Efforts on Behalf of the City of Brooklyn Center Requested Council Action: Motion to adopt resolution. d. Resolution Amending City Council Handbook Regarding Amendment of Minutes Requested Council Action: Motion to adopt resolution. e. An Ordinance Amending Chapter 35 of the City Code of Ordinances Requiring a Permit for Land Disturbing Activities Requested Council Action: Motion to approve first reading and set second reading and public hearing on September 12, 2005. f. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees -Requested Council Action: Motion to adopt resolution. 10. Adjournment City Council Agenda Item No. 7a 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 JULY 25, 2005 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody and Kay Lasman. Councilmembers Diane Niesen and Mary O'Connor were absent and unexcused. 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, and Deputy City Clerk Maria Rosenbaum. Councilmembers Diane Niesen and Mary O'Connor arrived at 6:06 p.m. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lasman asked for clarification regarding the effective date with regards to Public Hearing Item 8a, An Ordinance Amending Chapter 19 of the City Ordinances Providing for the Regulation of Railroad Locomotive Horns in the City. Director of Public Works /City Engineer Todd Blomstrom discussed that the date will depend on when the Notice of Intent is mailed and Council approval for the ordinance to be effective thirty days after publication. JUNE 27, 2005, MEETING MINUTES Councilmember Carmody expressed that she thought the requested amendment with regards to the Planning Commission item for the Regular Session minutes from June 27, 2005, was not going to be included in the minutes. Councilmembers Niesen and O'Connor arrived at 6:06 p.m. City Manager Michael McCauley outlined the memo that had been provided asking for clarification regarding the June 27, 2005, Regular and Study /Work Session minutes. Mayor Kragness discussed that she remembers the debate about that item and expressed this is a reason that amendments need to be in writing. 07/25/05 -1- DRAFT DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS DISCUSSION OF CONCEPT FOR REDEVELOPMENT OF AREA PREVIOUSLY CONSIDERED FOR SENIOR HOUSING ON 57 Mr. McCauley outlined the materials regarding the question of whether the Economic Development Authority would like to entertain the possible acquisition through negotiation of the properties across from Northbrook that would be voluntarily sold by their owners. Mayor Kragness expressed that she believes the City needs to focus on the Opportunity Site and would like to wait on the senior housing project. Councilmember O'Connor expressed that she does not believe the City should buy properties. Councilmember Niesen expressed that she would like to do nothing with the project at this time. DISCUSSION OF WATERSHED COMMISSION UPDATE ON CAPITAL PROJECTS ETC. Councilmember Carmody discussed the new information she had received from attending the recent watershed meeting. She informed that she was concerned about the cost of the project going from $300,000 to $757,400. She believes that this project will move forward at the next meeting in August. DISCUSSION OF COUNCIL MEMBER NIESEN'S SUGGESTED RENTAL HOUSING ORDINANCE CHANGES Councilmember Niesen informed that she had been focusing her time on the City Manager's evaluation form and asked that this item be discussed at the August 8, 2005, meeting. DISCUSSION OF POLICY REGARDING CHANGES TO CITY COUNCIL MINUTES Councilmember Carmody asked that an item be prepared to require minute changes be provided in writing and at the Council table by 6:00 p.m. of the night the minutes are to be approved. Council discussed the proposed amendment that had been prepared for an addition to the Council Handbook. Councilmember O'Connor expressed that she believes it would be less work to adopt the minutes at the meeting the minutes are first presented and would create more work to delay the minutes. Mayor Kragness expressed that she believes if the minute changes were in writing that it would be easier for Council to review and act on minute changes. 07/25/05 -2- DRAFT Councilmember Niesen expressed that she sees the benefit of written changes; however, she does not agree with it being required to be done. She suggested that the Council consider an option of finding a middle ground. Councilmember Carmody expressed that she believes staff spends too much time on minute amendments and that the written changes would be helpful. Mayor Kragness informed that this item will be on the next Council agenda. DISCUSSION OF RENTAL FEES FOR DUPLEXES Councilmember O'Connor expressed her concern with the increasing rental fees for duplexes and informed that she would like to have the fees split equally $225 and $225. Councilmember Carmody expressed that she does not believe there is a need for a change with the rental fees. Councilmember Lasman informed that she prepared a response to the letter from a resident regarding the increased rental fees and shared that response with the Council. She discussed that she could amend the letter to reflect current 2005 statistics and inquired if the letter should come from the entire Council. Councilmember Carmody expressed that she would prefer to have Councilmember Lasman respond herself. MISCELLANEOUS No miscellaneous items were discussed. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Study Session at 6:45 p.m. Motion passed unanimously. City Clerk Mayor 07/25/05 -3- I Councilmember Niesen expressed that she sees the benefit of written changes; however, she does not agree with it being required to be done. She suggested that the Council consid an option of finding a middle ground. Councilmember Carmody expressed that she believes staff spends t o much time on minute amendments and that the written changes would be helpful. Mayor Kragness informed that this item will be on the next Councilfagenda. r P DISCUSSION OF RENTAL FEES FOR DUPLEXES Councilmember O'Connor expressed her concern with the increasing rental fees for duplexes and informed that she would like to have the fees split. r` Councilmember Carmody expressed that she does not believe there is a need for a change with the rental fees. Councilmember Lasman informed that she prepared response to the letter from a resident regarding the increased rental fees and shared that responsewith the Council. She discussed that she could amend the letter to include new rental fees and inquired if the letter should come from the entire Council. Councilmember Carmody expressed that she8vould prefer to have Councilmember Lasman respond herself and that she would not like to change the rental fees. MISCELLANEOUS No miscellaneous items were discussed. ADJOURNMENT A motion by Councilmember Lasrian, seconded by Councilmember Carmody to adjourn the Study Session at 6:45 p.m. Motion paIssed unanimously. City Clerk Mayor 07/25/05 -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 REGULAR SESSION JULY 25, 2005 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Rallie Rondorf, 5506 Oliver Avenue North, addressed the Council to inform that a property near him had no fence around a swimming pool and to express concern about all the building taking lace in gp p g gp the City. Mayor Kragness informed that the Code Enforcement Department would be notified of the fencing issue. Nancy Carlson, 6024 Aldrich Avenue North, addressed the Council to request information regarding how long the tax district financing was created for, how much money had been collected, how much money had been spent, and how many businesses are included in Tax Increment Financing District (TIF) No. 2. City Manager Michael McCauley informed that he would have a copy of the State Report along with a map and the duration of TIF No.2 assembled. Ms. Carlson asked if Kohl's Department Store was included in TIF No. 2. Mr. McCauley responded that Kohl's Department Store was included with TIF No. 3. There was a motion by Councilmember Lasman, seconded by Councilmember Niesen to close the Informal Open Forum at 6:53 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 07/25/05 l DRAFT 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 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, Police Chief Scott Bechthold, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember O'Connor reported that she attended the Shingle Creek and West Mississippi Watershed Management Commissions meeting and informed that they had a public hearing. She discussed that at the meeting she heard they were not going to spend $300,000 on the Shingle Creek project in Brooklyn Park, and that it was going to cost three quarters of a million. She expressed that she believes this does not solve the chloride problem and makes the dissolved oxygen problem worse. She reported that she attended the National Night Out Committee meeting and that the Kick- Off Event will be July 31, 2005, from 2:00 p.m. to 6:00 p.m. in the parking lot at City Hall; and National Night Out on August 2, 2005. Councilmember Lasman reported that she attended two meetings on July 13, 2005. One was a Crime Prevention meeting and the other was an Opportunity Site Task Force meeting. At the Crime Prevention meeting they discussed the National Night Out Kick -Off Event and National Night Out. She informed there would be lots to do at the Kick -off Event and encouraged residents to attend. The Opportunity Site Task Force meeting was not a public meeting; however, the public was welcome for observation. At this meeting the discussion pertained to zoning and the selection process of a developer. She informed there would be two more task force meetings, one on August 3, and one on August 24, if the public would like to hear an update on this site. Councilmember Carmody reported that she attended the Earle Brown Days Committee meeting and that they discussed this year's Earle Brown Days events. She attended the same watershed meeting that Councilmember O'Connor attended and informed that it does appear that the project in Brooklyn Park will go through; however, the issue was tabled until August. She informed that the Earle Brown Days Committee will have a booth at the National Night Out Kick -Off Event and there will be other booths to find out information regarding other City programs. 07/25/05 -2- DRAFT Councilmember Niesen discussed that the Financial Commission meeting had been postponed to July 28, 2005. She wished to mention a story about a missing dog and discussed the flyer that was located in Brooklyn Center. She asked if anyone knew information about this missing dog to contact the City and that she would handle it from there. Mayor Kragness wished to remind the Council of the Visit Minneapolis North Reception on July 27, 2005, from 4:00 p.m. to 6:00 p.m. She asked those Council Members who plan on attending to contact Visit Minneapolis North. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember O'Connor informed that she would like the following corrections made to the July 11, 2005, Regular Session minutes: Page 13. Paragraphs Four and Five Councilmember O'Connor asked that the typo in the addendum to the City Manager's contract be amended to August 1, 2005, on number one, third paragraph. Councilmembers Niesen and O'Connor voted against the original motion which was to adopt the resolution. Motion passed. Page 13. Paragraph Seven S Councilmember O'Connor inquired "who any party willing to receive the property" would be with regards to the language on page two of the resolution. Mayor Kragness responded that Project P.E.A.C.E. and the Minnesota Computers for School Refurbishing Program are some of the parties. Page 14. Paragraph Eight Councilmember O'Connor asked if the MPCA would need to approve this before the project can take place. Mr. Boganey responded that he believes they do have to review and approve it before the project can go forward. Staff would like to get on a dual track so that the City can take the bids at the same time they are reviewing the plans and specifications. This may at some point require, if they suggest changes, an addendum to the final bids and specifications. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the agenda and consent agenda with the amended June 27, 2005, Regular and Work Session minutes and the July 11, 2005, Regular Session minutes. Councilmember O'Connor informed that she would like to have Consent Item 7f, Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees, removed and placed as Consideration Item 9d. 07/25/05 -3- DRAFT Councilmember Lasman amended her motion to add the request of Councilmember O'Connor to remove Consent Item 7f, to Consideration Item 9d, seconded by Councilmember Carmody. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the June 27, 2005, Regular and Work Session minutes; and the July 11, 2005, Study, Regular, and Work Session minutes. Motion passed unanimously. 7b. LICENSES There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following list of licenses: MECHANICAL Minnesota Heating Air 10701 93rd Avenue North, Maple Grove Affordable Air Heating 4030 Hayes Street NE, Columbia Heights RENTAL Renewal: 5001 Ewing Avenue North (Four Plex) Bartholomew Dabrowski 5712 Logan Avenue North (Single Family) Dwayne Meier 5842 Vincent Avenue North (Single Family) Christopher Olson 6854 West River Road (Single Family) David Wagtskjold 6845 Willow Lane (Single Family) David Wagtskjold 6012 Zenith Avenue North (Single Family- GroupHome) Hearthstone Properties Initial: 3700 55 Avenue North (Single Family) Ron Sonnek 1609 68 Lane (Single Family) Jeremy Ziegler 5824 Bryant Avenue North (Single Family) Shantoya Young 3806 Eckberg Drive (Single Family) Jesus Preciado 7137 Grimes Avenue North (Single Family) Shawn Banks 6342 Orchard Avenue North (Single Family) Art Zirk Motion passed unanimously. 7c. RESOLUTION APPROVING CHANGE ORDER NO. 3, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2004-01,02,03 AND 04, CONTRACT 2004 -A, NORTHPORT AREA NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS 07/25/05 -4- DRAFT RESOLUTION NO. 2005-111 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 3, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2004 -01, 02, 03 AND 04, CONTRACT 2004 -A, NORTHPORT AREA NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7d. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2005-07, CONTRACT 2005 -B, 2005 STREET SEAL COATING RESOLUTION NO. 2005-112 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2005-07, CONTRACT 2005 -B, 2005 STREET SEAL COATING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7e. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2005-11, CONTRACT 2005 -F, FREEWAY BOULEVARD BRIDGE DECK REHABILITATION, BRIDGE NO. 27581 RESOLUTION NO. 2005 -113 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2005 -11, CONTRACT 2005 -F, FREEWAY BOULEVARD BRIDGE DECK REHABILITATION, BRIDGE NO. 27581 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7f. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 07/25/05 -5- DRAFT This item was removed from the Consent Agenda and placed as Consideration Item 9d. 8. PUBLIC HEARING ITEMS 8a. AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES PROVIDING FOR THE REGULATION OF RAILROAD LOCOMOTIVE HORNS IN THE CITY City Manager Michael McCauley discussed that in May the Council adopted a resolution and introduced the proposed ordinance amendment. The proposed ordinance was done in addition to the resolution to add some enforcement with respect to the quiet zone. The City received acknowledgment from the Minnesota Department of Transportation and the Railroad that they received the notices required under Federal Law and they had no comments on the proposed quite zone. A motion by Councilmember Lasman, seconded by Councilmember Niesen to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Niesen to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2005-05 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES PROVIDING FOR THE REGULATION OF RAILROAD LOCOMOTIVE HORNS IN THE CITY The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Councilmember O'Connor voted against the same. Motion passed. 8b. 'AN ORDINANCE AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED FOR CERTAIN LAND IN THE CITY Mr. McCauley discussed that when the Osseo School District entered into a land swap with the City for their adult learning center along Brooklyn Boulevard, the City Attorney's Office identified an area of land questionable in terms of whether or not the property line was measured from the center line of Brooklyn Boulevard or measured from the right -of -way line. Mr. McCauley reviewed the area in question and explained that the ordinance would quit claim the property to the property owner who owns the residence that is located in the area. 07/25/05 -6- DRAFT T A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. is No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2005-06 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED FOR CERTAIN LAND IN THE CITY The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 8c. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (TO BE ADDRESSED 6300 EARLE BROWN DRIVE) Mr. McCauley discussed this is the property adjacent to the Earle Brown Heritage Center (EBHC) that is proposed for a hotel development. The Planned Unit Development (PUD) incorporates the layout of the property and the requirements for the development consistent with the zoning code. Community Development Director Brad Hoffman discussed this project and the reason for a PUD, primarily the setback requirements. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. Howard Roston, Attorney representing a group called "Concerned Citizens for Brooklyn Center addressed the Council to inform that they oppose this project and believe it is a bad use of public taxpayer dollars and not in the best interest of the public. He discussed that they believe under the PUD standards the Council can consider the public need or benefit of this project and the impact on the neighborhood. Regarding the public need or benefit, they fail to see how there could be a public need or benefit for a water park that apparently is not open to the general public. They believe the project is premature because it appears that the existing sanitary sewer is not yet sufficient for the project, the development agreement is lacking an exhibit about what is required for the developer, and there are terms that are not resolved, which demonstrates a lack of thought that was put into this project. They believe this project should be denied at this time and would also like to request that the Council not pass this item granting the PUD. 07/25/05 -7- DRAFT Councilmember Niesen questioned what exhibit was missing from the development agreement. Mr. Roston discussed he believes there is an exhibit missing that talks about the minimum improvements that the developer is going to do. He has asked for that exhibit and not received it which leads him to believe that there is a signed development agreement that is lacking some of the exhibits. He informed that he has repeatedly asked for updated versions of the development agreement and if that had been subsequently amended by the parties he has not been provided that. He encouraged the Council to inquire City staff of what needs to be done with that development agreement for it to be final. Mayor Kragness expressed concern about the fact that she has not heard from one person of this group and inquired of a name or names of anyone who belongs to the group. Mr. Roston discussed that the group consists of approximately 20 people, all of whom are members of the City. The names are going to remain confidential out of fear of retaliation. Mr. Roston informed that he was provided a middle finger gesture from a Planning Commissioner; and that would be the type of conduct people are concerned about. She asked if the group had just recently been formed. Mr. Roston responded that it is his understanding the group was just recently formed. Councilmember Niesen expressed concern about the conduct of the Planning Commissioner and believes that all Commissioners representing the City need to have acceptable behavior. Mayor Kragness discussed that she believes all of the Commissioners are under the same Code of Conduct as Council Members. She informed that she would speak to the Chair of the Planning Commission and follow from there. Councilmember Niesen informed that she would like to hear back on that follow -up through. Mr. Roston informed that other than this one incident he has had no problems with the City and has a tremendous amount of respect for Brad Hoffman and the City staff. Councilmember Lasman inquired if the 20 members of the group are Brooklyn Center citizens or have a business in Brooklyn Center. Mr. Roston responded that he is 99 percent confident the members are Brooklyn Center residents and that he could confirm that in a letter back to the City if that is a concern. He informed that he has offered to provide the City street names and zip codes. Councilmember Lasman inquired if the President of the group is a resident of Brooklyn Center. Mr. Roston informed that the President was present this evening and inquired of him if he was a Brooklyn Center resident. The President of the group informed that he was a resident of Brooklyn Park. She questioned if any of the members of the group have been affiliated in anyway with other companies that are involved in operating hotels or water parks. Mr. Roston responded that he does not know the answer to that question. 07/25/05 -8- DRAFT Ray Kittleson, Concerned Citizens for Brooklyn Center President, addressed the Council and responded that members were not at all involved with any companies operating hotels or water parks. All of the members are residents of Brooklyn Center and are not affiliated with other companies that are involved in operating hotels or water parks. Councilmember Carmody asked if that included him. Mr. Kittleson responded that includes him. Councilmember Lasman inquired whether the postcards were part of a campaign that is designed to prevent competition and if the mass mailings were financed in any degree by people who are involved in developing or operating water parks. Mr. Kittleson responded that the postcard financing was from his group. Councilmember O'Connor asked if Mr. Hoffman could react to some of the statements. Mr. o an o Hoffman informed that he believes Mr. Roston is aware and has been informed by the City's Attorney that the exhibit he is referring to is commonly attached to the development agreement after it is passed through the Planning Commission and has been approved by the Council. The item before the Council this evening is the exhibit that would be attached to the development agreement if approved by the Council this evening. Mr. Hoffman discussed that as to the question who filed the non profit corporation, he finds it interesting Mr. Roston is unaware of that, since Mr. Roston works for Malkerson Law Firm and Bruce Malkerson filed it the day that they filed the lawsuit against the City. Mr. Roston responded that he does not believe that is true and if it is, then he missed it. He does not keep track of everything that Mr. Malkerson does; he is his law partner; and he is pretty sure they did not do that. Mr. Hoffman informed that he has seen documentations of the fact that Bruce Malkerson filed on the day of the lawsuit. Councilmember O'Connor asked what will be in the exhibit that is going to be attached after the Council approves it. Mr. Hoffman discussed that it would be reference to certain documents that the Council has seen and already approved. Councilmember O'Connor inquired if the item this evening is giving a waiver to one of the City's ordinance. Mr. Hoffman discussed that typically when the City is doing a PUD, especially in redevelopment projects, they are done with a PUD for a number of reasons and it is to deal with specific citing problems with a given location. Councilmember O'Connor inquired how much the City is spending for this project. Mr. Hoffinan responded that the City has a development agreement and the developer would receive tax increment that they generate for basically the remainder of this particular tax increment district which ends in 2010. By the time they complete this project, which would be paid 2007, they are looking at maybe three years of tax increment financing (TIF); and at something approximately a little over a million dollars at this point in time. She asked if that would be a million dollars total. Mr. Hoffman responded an excess of $1 Million, with a maximum of approximately $2 Million. Mr. McCauley indicated that it would be $2.6 Million; and Mr. Hoffman informed that he believes it will not reach $2.6 Million. Mr. McCauley discussed that the development agreement is termed pay as you go and what the developer receives in TIF is only generated from taxes that create increment. If the developer generates an amount less than the maximum amount set forth in the development agreement, the developer receives the lesser amount. If there is no increment or if the increment is less than projected, that is what the developer gets. 07/25/05 -9- DRAFT The Economic Development Authority (EDA) does not provide the developer with any funding in tax increment that is not generated because of the development itself. Councilmember O'Connor inquired if this is in TIF District No. 2. Mr. McCauley responded that is correct. Tony Kuefler, 5943 Abbott Avenue North, addressed the Council to express that he finds it unusual that someone from another community would come to the City to get involved in a debate of a development in Brooklyn Center and hopes that the Council would not put much thought in their request to deny this development. Mary Revard, 1333 68 Avenue North, addressed the Council to express that she does not believe this development would be a benefit to Brooklyn Center residents since residents would not be able to use the water park; and that this development would only drain more on the Police and Street Departments. Mayor Kragness discussed that it is a possibility that the management may consider how they run the water park and change it so that residents can use the water park just like Brooklyn Park's water park. Rallie Rondorf, 5506 Oliver Avenue North, addressed the Council to ask how they are going to pay for the hotel. Mr. McCauley discussed that the project is financed in three fashions. The developer will secure private financing, provide their own equity, and then the developer will receive tax increment that is generated by the hotel through taxes paid in 2010, up to a maximum of $2.6 Million. Also involved in the development agreement is EDA participation in the construction of a link from the EBHC to connect to the hotel development. Councilmember O'Connor asked if the City would borrow money or put out bonds. Mr. McCauley responded no; going back to the description, it is pay as you go. The source of funding for the tax increment note comes only from the receipt of taxes that are transmitted from Hennepin County and have been collected above the base value that would not exist as taxes unless the hotel was built and it achieved a certain valuation. Councilmember O'Connor asked if these are taxes from all over TIF District No. 2. Mr. McCauley responded in this case it is only the taxes generated by the hotel itself and does not receive the benefit of increment from other development in TIF District No. 2. Nancy Carlson, 6024 Aldrich Avenue North, addressed the Council to express and discuss her concern about TIF. She believes that the City needs to look at TIF in a different direction. She commends Mr. McCauley for TIF on a pay as you go; however, she believes this does not make it any better. She expressed that she believes the hotel is an ugly development for the City and the EBHC; and that the City does not need another hotel. Ralph Johnson 5440 Bryant Avenue North addressed the Council to discuss and concern express c p rY o P about the increasing rental fees and TIF. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. 07/25/05 -10- DRAFT Councilmember Niesen asked for clarification regarding the ordinance amendment. Mr. McCauley discussed that the underlying zoning remains CIA and in the Zoning Ordinance Section 35 -1180, it identifies all of the lots zoned C IA. Then, keeping the same underlying zoning of CIA, Lot 1, Block 1, is a PUD /C1A and calls out all of the PUD's individually. She inquired if the City has to go through this ordinance change for every PUD. Mr. McCauley responded that would be correct. Councilmember Niesen asked if this PUD approval this evening comes with any strings or other approvals. Mr. McCauley discussed that the Council previously authorized the development agreement and this ordinance facilitates that the Council is setting forth the site plan and PUD. The EDA is already being sued by the Concerned Citizens group with the law firm that Mr. Roston is a member. The only thing the Council is approving this evening is the rezoning of the PUD on a recommendation of the Planning Commission. She asked when the Council approved the development agreement was it preceded by a`public hearing or did the Planning Commission hold a public hearing. Mr. McCauley discussed that there was at least one or perhaps more public hearings with respect to the proposed development agreement. The business subsidy proposal, which is incorporated in the development agreement with respect to the actual use of the TIF, was the subject of a public hearing on the business subsidy. Legal notices with respect to the public hearings and possibly other coverage was published in the Sun Post Newspaper. Councilmember Niesen discussed the TIF process that has been used and expressed that she believes it is unfortunate that the City has to freeze taxes for school districts and other things. She informed that the City will continue to have discussions regarding TIF and encouraged residents to help the City talk about TIF. Councilmember O'Connor expressed that she believes this development is going to be too close and hide the EBHC Farm. She inquired how the City would be getting rid of the water from the water park and the Earle Brown Heritage Center when there is already water in the basement of the conference center. Mr. McCauley discussed that the groundwater issue is not related to water that is in a contained environment; and the water park would be a contained environment. She inquired where the water from the water park will go. Mr. McCauley discussed that the water coming from the water park will end up in the sanitary sewer; and the water from the Earle Brown Heritage Center will end up in the storm sewer. Councilmember Lasman discussed that she believes the EDA and Council have aggressively pursued the development of this site; and with Calthorpe suggesting in their Smart Growth Study several years ago that this was a recommended use for this area, she believes this use would broaden the usage of the Earle Brown Conference Center, attract and lead to new development in that area, and improve the conference center's position in a conference /meeting /convention market. ORDINANCE NO. 2005-07 Councilmember Lasman introduced the followin g P ordinance and moved its adoption: 07/25/05 -11- DRAFT AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (TO BE ADDRESSED 6300 EARLE BROWN DRIVE) The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Councilmember O'Connor voted against the same. Motion passed. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE BUSINESS AND COMMUNITY ORGANIZATION SPONSORS OF EARLE BROWN DAYS Mayor Kragness read the resolution expressing recognition of and appreciation for the business and community organization sponsors of Earle Brown Days. RESOLUTION NO. 2005-114 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE BUSINESS AND COMMUNITY ORGANIZATION SPONSORS OF EARLE BROWN DAYS The motion for the adoption of the foregoing resolution was duly seconded b Councilmember p g g y y tuber Carmody. Motion passed unanimously. 9b. PROCLAMATION DECLARING AUGUST 2, 2005, NATIONAL NIGHT OUT IN THE CITY OF BROOKLYN CENTER Mayor Kragness read the Proclamation Declaring August 2, 2005, National Night Out in the City of Brooklyn Center. A motion by Councilmember Carmody, seconded by Councilmember Lasman to adopt Proclamation Declaring August 2, 2005, National Night Out in the City of Brooklyn Center. Motion passed unanimously. 9c. CODE ENFORCEMENT UPDATE Police Chief Scott Bechthold provided a PowerPoint presentation on Code Enforcement that included a code enforcement violation summary, a three year comparison of code violations, code enforcement practices, improvements for code enforcement in 2005, apartment calls for service, and the May Mobilization Program. 07/25/0 5 12 DRAFT Chief Bechthold informed that currently they are in full swing and at the midpoint of the annual summer sweep. He wished to inform that code enforcement is not only done May through October. The Police Department has two people who are dedicated to code enforcement activities and to date they have identified 808 violations between the first of the year and the end of June. They have sent 702 first letters. As part of the summer sweep they have already went through the City and conducted first inspections including residences, apartments, and businesses, and they are now working on second inspections and follow -ups. They are starting to send second letters and have sent 300 thank you letters for people who have come into compliance, issued 16 citations /formal complaints, and unfounded 25 complaints. He discussed that code enforcement is a combination of the Neighborhood Liaison Officers going out in the community and enforcing the code ordinances, and also responding to complaints by the general public. The goal in this endeavor is to seek voluntary compliance and they have had good success with the majority of the City. Chief Bechthold discussed that since the Police Department has become more active with the apartment managers it has improved the monitoring of the City as far as code enforcement and expressed that he believes City Ordinance Sections 12 -911 and 12 -913 helped with the decrease in the number of calls for service. Chief Bechthold discussed the results of the May Mobilization Program and informed that this is the third year the City has been involved with this program. Councilmember Lasman asked if the process for repeat offenders is being refined or is it continuing as it has in the past. Chief Bechthold informed that he realized today he had not provided that in the e materials and will get that information for the Council. They continue the same aggressive monitoring program with the problem properties and start with those properties in January; however, there are some properties that are ongoing. Councilmember O'Connor asked about the four properties on Logan Avenue. Chief Bechthold informed that they had finished inspecting those properties this afternoon and all four properties are rental properties. He discussed when he was informed of the complaint he sent out a Neighborhood Liaison Officer who inspected the properties and then he followed up to with an audit with Lieutenant Benner. The inspection found that all four properties are sound and have fairly new roofs and siding. There was a shelf and a garage door that needed repair and first letters were sent. She asked if he had spoken with the individual that wrote the letter. Chief Bechthold responded that he believes the Neighborhood Liaison Officer was going to do that and will check and report back to the Council. Lamonte Dehn, 5712 Humboldt Avenue North, addressed the Council to express concern about the traffic at 69'" Avenue North Brooklyn Boulevard and Bass Lake Road/Brooklyn Boulevard and inquire if the City will be considering or budgeting a system like the City of Minneapolis has with cameras at intersections. Chief Bechthold responded that he believes a lot of cities will be looking into that type of system in the future and at the current time he is not aware what those cameras cost. 07/25/05 -13- DRAFT 9d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2005-115 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Councilmember O'Connor voted against the same. Motion passed. 10. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the City Council meeting at 8:30 p.m. Motion passed unanimously. City Clerk Mayor 07/25/05 -14- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JULY 25, 2005 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority met in Work Session and was called to order by Mayor/President Myrna Kragness at 8:37 p.m., ROLL CALL Mayor/President Myrna Kragness and Councilmembers /Commissioners Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager/Executive Director Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, and Deputy City Clerk Maria Rosenbaum. DISCUSSION OF CONCEPT FOR REDEVELOPMENT OF AREA PREVIOUSLY CONSIDERED FOR SENIOR HOUSING ON 57' This item was discussed at the Study Session. DISCUSSION OF WATERSHED COMMISSION UPDATE ON CAPITAL PROJECTS ETC. This item was discussed at the Study Session. DISCUSSION OF COUNCIL MEMBER NIESEN'S SUGGESTED RENTAL HOUSING ORDINANCE CHANGES This item was discussed at the Study Session. DISCUSSION OF POLICY REGARDING CHANGES TO CITY COUNCIL MINUTES This item was discussed at the Study Session. 07/25/05 -1- DRAFT DISCUSSION OF RENTAL FEES FOR DUPLEXES This item is continued from the Study Session. Councilmembers /Commissioners continued discussing the rental inspection process and fees. Councilmember /Commissioner O'Connor expressed concern about duplexes not being divided equally. Mr. McCauley discussed the base fee process and informed that he would like to confirm the fees with previous materials. Councilmember /Commissioner Carmody informed that she would not support a change in the rental license fees. Councilmember /Commissioner Lasman informed that she believes the City is not in a position to lighten the rental fees. Mayor Kragness agreed with Councilmembers /Commissioners Carmody and Lasman. Councilmember /Commissioner Niesen expressed that she would like to consider an incentive program instead of raising fees. MISCELLANEOUS Councilmembers /Commissioners discussed Brookdale, the materials provided by Councilmember Niesen with regards to the City Manager's evaluation form, legal service solicitations, and the minimum fee for rental apartment complexes. ADJOURNMENT There was a motion by Councilmember /Commissioner Lasman, seconded by Councilmember/ Commissioner Carmody to adjourn the City Council/Economic Development Authority Work Session at 9:25 p.m. Motion passed unanimously. City Clerk Mayor /President 07/25/05 -2- DRAFT City Council Agenda Item No. 7b 61 City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy C'ty Clerk DATE: August 3, 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 August 8, 2005, are as follows: AMUSEMENT DEVICES Regal Cinemas 6420 Camden Avenue North MECHANICAL Abrahamson Heating 214 0 1 Street, Procter New Mech Companies 1633 Eustis Street, St. Paul Sabre Heating and A/C 3062 Ranchview Lane North, Plymouth Wise Ref and Heating and Air 21800 Woodbine Street, Anoka RENTAL Renewal: 3706 55` Avenue North (Single Family Group Home) Mainsl Properties No Calls for Service 4700 -02 68` Avenue North (Two Family) Kristina and Michael Bowe No Calls for Service 542872 "d Circle North (Single Family) Joseph Ditto No Calls for Service 5916 Aldrich Avenue North (Single Family) Jay Prussman No Calls for Service 5801 Ewing Avenue North (Single Family) Yesinde Idowu Criminal Damage to Property 1519 Humboldt Place (Single Family) Suburban Properties No -Calls for Service 1525 Humboldt Place (Single Family) Suburban Propertis No Calls for Service 6637 Xerxes Place (Single Family) Douglas Finch No Calls for Service Initial: 3913 France Place North (Single Family) Betty Nelson No Calls for Service SIGN HANGER All Brite Signs Inc. 13325 Commerce Boulevard, Rogers Signcrafters Outdoor Display 7775 Main Street NE, Fridley 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 City Council Agenda Item No. 8a IT1f QF $RpOlE1.1fN CEN TER: CERTIFIiT:ASSSSMENT :801.4 8113/ 005: I TW N LRKE IMPR MEN ©V.E TS PR V EM NT P REU....D:. M... Q..... E .RO,}ECT:ZOOS�05. ISE 6/0 kb RTY .D ADDN:.:.:. ADDRESS:...:..::::::::.:::::;:::.::::.:::::::::::::; :::::::::€.E�/1!: STREET::::::::::::::: LE\/ 1� :#:::::::::;:::::S.7ORM 10 118 0005 I '4708/4712 TWIN LAKE AVE N I 16279 I $3,041.60 1 16280 I $1,000.88 10- 118 -21 -32 -0037 I 14748/4752 TWIN LAKE AVE J 16279 I $3,602.56 1 16280 1 $1,185.47 10- 118 -21 -32 -0038 I 14740 TWIN LAKE AVE I 16279 I $2,400.00 1 16280 I $790.00 10- 118 -21 -32 -0039 I 14734 TWIN LAKE AVE 1 16279 I $2,400.00 I 16280 1 $790.00 10- 118 -21 -32 -0040 I 14718 TWIN LAKE AVE I 16279 1 $2,400.00 1 16280 1 $790.00 10- 118 -21 -32 -0041 I 14725 TWIN LAKE AVE I 16279 I $2,400.00 1 16280 I $790.00 10- 118 -21 -32 -0042 I 14729 TWIN LAKE AVE I 16279 I $2,400.00 I 16280 J $790.00 10- 118 -21 -32 -0043 I 14741 TWIN LAKE AVE I 16279 1 $2,400.00 1 16280 I $790.00 10- 118 -21 -32 -0044 I 14747 TWIN LAKE AVE 1 16279 I $2,400.00 1 16280 I $790.00 10- 118 -21 -32 -0045 I 14753 TWIN LAKE AVE 1 16279 I $2,400.00 1 16280 1 $790.00 10- 118 -21 -32 -0046 I 14759 TWIN LAKE AVE 1 16279 I $2,400.00 1 16280 1 $790.00 10- 118 -21 -32 -0062 I 14210 LAKEBREEZE AVE N 1 16279 I $3,237.35 I 16280 1 $1,562.85 10- 118 -21 -32 -0197 I 14715 TWIN LAKE AVE 1 16279 I $1,624.00 1 16280 I $534.40 10- 118 -21 -32 -0198 I 14711 TWIN LAKE AVE I 16279 1 $1,624.00 1 16280 I $534.40 10- 118 -21 -32 -0199 I 14705 TWIN LAKE AVE I 16279 I $1,624.00 I 16280 I $534.40 10- 118 -21 -32 -0200 I 14701 TWIN LAKE AVE i 16279 I $1,624.00 I 16280 1 $534.40 I I I I I I I I TOTALI 1 $37,977.51 1 1 $12,996.80 I I I I i I Page 1 City of Brooklyn Center A Millennium Community MEMORANDUM DATE: August 4, 2005 TO: Michael J. McCauley, City Manager FROM: David Peterson, Deputy Director of Public Works y/ SUBJECT: Resolution Amending Special Assessment Levy Roll No. 16279 to Provide for the Reduction of Charges to Parcel ID No. 10- 118 -21 -32 -0062 On July 11, 2005, the City Council held a public hearing on proposed special assessments for Improvement Project No. 2005 -05, Twin Lake Avenue Reconstruction. Property owners at 4210 Lakebreeze Avenue objected to the assessment of $6,172.20 ($4,162.65 for street and $2, 009.55 for stonn sewer). Attached is a resolution amending the special assessment Levy Roll No. 16279 from $6,172.20 to $4,800.20. 6301 Shingle r g e C eek 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 AMENDING SPECIAL ASSESSMENT LEVY ROLL NO. 16279 TO PROVIDE FOR THE REDUCTION OF CHARGES TO PARCEL ID NO. 10- 118 -21 -32 -0062 WHEREAS, Special Assessment Levy No. 16279 was on July 11, 2005 approved by the City Council; and WHEREAS, upon review, at the request of the property owner, parcel ID No. 10- 118- 21 -32- 0062 does not receive a substantially greater benefit than the benefit received by other similar properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Special Assessment Levy No. 16279 is hereby amended to reduce the following assessment as noted. PID PREVIOUS AMOUNT REDUCED TO 10- 118 -21 -32 -0062 $6,172.20 $4,800.20 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. Charles L. LeFevere 470 U.S. Bank Plaza Kennec�y� 200 South Sixth Street Minneapolis MN 55402 k (612) 337 -9215 telephone '6 (612) 337 -9310 fax G rage n http: /www.kennedy- graven.com 4 clefevere@kennedy-graven.com @kennedy- graven.com CHARTERED MEMORANDUM DATE: July 29, 2005 TO: Brooklyn Center Mayor and City Council Members FROM: Charles LeFevere RE: Objection to Special Assessment for 4210 Lake Breeze Avenue North On July 11, 2005, the City Council held a hearing on proposed special assessments for City Improvement Project 2005 -G. The owners of the property at 4210 Lake Breeze Avenue North (James and Bobbie Simmons) objected to the assessment. The proposed assessment for the subject property was $6,172.20 ($4,162.65 for street and $2,009.55 for storm sewer). These assessments resulted from charges based on area, of 29¢ per square foot for street and 14¢ per square foot for storm sewer. The basis for the objection by the landowners was that the northern part of their property is subject to a parking easement and therefore, because they cannot fully utilize that land, they should not be subject to special assessments based on the square footage of the entire area of their land. I have reviewed the parking easement document provided by the landowners. The northernmost 15 feet of the Simmons' property is subject to a utility easement in favor of the City. This easement imposes no more limitations on the property owner than drainage and utility easements commonly existing on other properties in the City. This area could be used by the landowners, if they wished to do so, for any purpose that did not interfere with the utility easement. The 60 -foot strip of the subject property lying immediately south of the utility easement is subject to an easement for parking. That easement area is shared by three parcels, one of which is the Simmons' parcel. Therefore, they have an equal interest, with two other properties (i.e., a one -third right) to use the 60 -foot strip along with the other easement holders. Additionally, on the southernmost 20 feet of the 60 -foot easement area, the Simmons have the exclusive right to CLL- 266169v1 BR291.4 construct a garage for four cars. Therefore, they enjoy greater rights to the use of the 60 -foot easement than the other two easement holders. Most properties are subject to easement rights, either for utilities or public right -of -way or both, and it is common for commercial properties to be subject to cross access and parking easements. The City does not generally reduce special assessments because of the presence of such easements. However, there are a number of multi family dwellings in this neighborhood of about the same size as the building on the Simmons' property on lots that are about the same width but are much less deep than the Simmons' lot. It could certainly be argued that the Simmons' property does not receive a benefit that exceeds the benefit to other similarly sized multi family dwellings, at least to the extent of the full area of the Simmons' property. The subject property is deeper (that is, it extends further back from Lake Breeze) than the other properties in the neighborhood. However, it may be that this additional area does not cause the improvement project to confer a substantially greater benefit than the benefit received by other, shallower properties. If the Council finds it reasonable to treat this property in a way that is more consistent with the other similarly situated multi family lots in the neighborhood, one adjustment that the Council may wish to consider would be to reduce the assessment to $4,800.20 a reduction of $1,372. The area of the Simmons' property subject to the parking easement is approximately one third of the overall site, and other parties have a two- thirds interest in the parking rights on that one -third of the Simmons' property. Therefore, if the assessment were reduced by two- thirds of one -third of the original assessment, the remaining assessment would be $4,800.20. Such an adjustment would give the Simmons the benefit of their argument and would reduce the assessment to an amount closer to the assessments charged against other properties that are similar in width and improvements but shallower in lot depth. CLL- 266169vl BR291 -4 City Council Agenda Item No. 9a 61 City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and O'Connor FROM: Michael J. McCauley, City Mana r DATE: August 4, 2005 SUBJECT: Resolution Approving Special Legisl on The City Council requested that our Legislative delegation seek an extension of the period of time within which the City could incur obligations and expend tax increment in Tax Increment Financing (TIF) District No. 3. At the Council's request Special Legislation was introduced in the 2004 and 2005 Legislative Sessions. In 2004 the Special Legislation was passed in both the House and Senate, but the failure to have a Tax Bill in 2004 meant that the Legislation did not ultimately pass. In 2005 our Legislators reintroduced the Special Legislation and it was passed and signed by the Governor. As indicated, this Legislation allows the expenditure of TIF proceeds and the incurring of obligations through the first quarter of 2008. Without the Special Legislation, the ability to expend increment or incur obligation would have terminated in the first half of this year, with the exception of the ability to spend the bond proceeds that were received in December of 2004. Bond proceeds can be spent through 2007. The resolution, which is required by State Law, approves and makes effective the Special Legislation authorized by the Minnesota Legislature. 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 APPROVING SECTION 22 OF ARTICLE 2 OF CHAPTER 152 OF THE LAWS OF MINNESOTA 2005 USE OF TAX INCREMENT FINANCING WHEREAS, the Laws of Minnesota 2005 Chapter 152 /Article 2, provides for a time limit for tax increment financing district number 3, established on December 19, 1994, by Brooklyn Center City Council Resolution No. 94 -273, Minnesota Statutes, Section 469.1763, Subdivision 3, by permitting a period of thirteen years for commencement of activities within the district; and WHEREAS, local approval is required for this legislation to be effective. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Section 22 of Article 2 of Chapter 152 of the Laws of Minnesota 2005 be and hereby is approved. August 8. 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. }F 2005 REGULAR SESSION Ch. 152, Art. 2, 25 0 FECTIVE DATE. This section is effective upon compliance with Minnesota Statutes, ns 469.1782, subdivision 2, and 645.021, subdivision 2. Sec. 22. EXTENSION OF TIME TO EXPEND TAX INCREMENT. Notwithstanding any contrary provision of law or charter, for tax increment financing district number 3, established on December 19, 1994, by Brooklyn Center Resolution No. 94 -273, Minnesota Statutes, section 4691763, subdivision 3, applies to the district by permitting a period of 13 years for commencement of activities within the district. EFFECTIVE DATE. This section is effective upon approval by the governing body of the city of Brooklyn Center and compliance with Minnesota Statutes, section 645.021, subdivision 3. Sec. 23. FAIRMONT; ABATEMENT AUTHORITY. The city of Fairmont, Martin County, and Independent School District No. 2752, Fairmont Area Schools, may each grant an abatement under Minnesota Statutes, sections 469.1812 to 469.1815, for property located in tax increment financing district No. 20 in the city of Fairmont, notwithstanding any law to the contrary. The total amount of the abatement for each political subdivision may not exceed the taxes paid by the original tax capacity of the district for each year of its existence. Notwithstanding Minnesota Statutes, section 471.87, or any other law governing conflicts of interest, a local elected official may have a financial interest in and benefit from the tax abatement authorized in this section if the official` discloses the interest and potential benefit on the record, and abstains from voting on the matter. EFFECTIVE DATE. This section is effective the day following final enactment. i. See. 24. WABASHA TAX INCREMENT FINANCING DISTRICT. Subdivision 1. DISTRICT EXTENSION. The governing body of the city of Wabasha may elect to compute the duration of its redevelopment tax increment financing district number 3 without regard to any increment received for taxes payable in 2001. t ubd. 2. FIVE —YEAR RULE. The requirements of Minnesota Statutes, section c 1763, subdivision 3, that activities must be undertaken within a five -dear period from the e of certification of a tax increment financing district must be considered to be met for the city of Wabasha redeveloument tax increment district number 3, if the activities are undertaken within ten years from the date of certification of the district. Subd. 3. NATIONAL EAGLE CENTER. Notwithstanding the provisions of Minnesota Statutes, section 469.176, subdivision 41, or any other law, the city of Wabasha may spend the proceeds of tax increment bonds issued orior to January 1, 2000, to pay the casts of acquiring and constructing a National Eagle Center in the city. The city of Wabasha may also use tax: increment from its tax increment districts to pay the debt service on such bonds, or any bonds issued to refund such bonds, subject to legal restrictions on the pooling of tax increment. These bonds may not be treated as preexisting obligations under Minnesota y Statutes, section 469.1794. EFFECTIVE DATE. Subdivision 1 is effective upon compliance with Minnesota Statutes, T sections 469.1782, subdivision 2, and 645.021. Subdivisions 2 and 3 are effective upon compliance by the governing body of the city of Wabasha with Minnesota Statutes, section 645.021. Sec. 25. CITY OF RICHFIELD; TAX INCREMENT FINANCING DISTRICT. Subdivision 1. AUTHORIZATION. The city of Richfield may create a tax increment financing district consisting of an area lying west of Trunk Highway 77 extending: to 16th Avenue between Crosstown Highway 62 and 66th Street; to 17th Avenue between 66th and 69th Streets; and to 18th Avenue between 69th and 72nd Streets. The city or its housing and redevelopment authority may be the authority for the 7urposes of Minnesota Statutes, sections 469.174 to 469.179. Subd. 2. DISTRICT IS REDEVELOPMENT DISTRICT. The redevelopment tax increment district created pursuant to subdivision 1 is deemed to be a redevelopment district and is subject to Minnesota Statutes, sections 469.174 to 469.179, except that: Additions are indicated by underline; deletions by sirikeeut 1123 City Council Agenda Item No. 9b adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION RECOGNIZING REPRESENTATIVE DEBRA HILSTROM FOR HER LEGISLATIVE EFFORTS ON BEHALF OF THE CITY OF BROOKLYN CENTER WHEREAS, Representative Debra Hilstrom introduced Legislation to provide assistance to the City of Brooklyn Center to extend the period within which improvements could be undertaken in Tax Increment Financing (TIF) District No. 3; and WHEREAS, Representative Hilstrom actively worked throughout the Legislative Session for passage of the Special Legislation that resulted in Section 22 of Article 2 of Chapter 152 of the Laws of Minnesota 2005; and WHEREAS, Representative Hilstrom's efforts on behalf of the City of Brooklyn Center have resulted in the passage of Section 22 of Article 2 of Chapter 152 of the Laws of Minnesota 2005. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Representative Debra Hilstrom be and hereby is recognized and thanked for her many efforts on behalf of the City of Brooklyn Center during this past Legislative Session. Auaust 8.2005 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. 9c adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION RECOGNIZING SENATOR LINDA SCHEID FOR HER LEGISLATIVE EFFORTS ON BEHALF OF THE CITY OF BROOKLYN CENTER WHEREAS, Senator Linda Scheid introduced Legislation to provide assistance to the City of Brooklyn Center to extend the period within which improvements could be undertaken in Tax Increment Financing (TIF) District No. 3; and WHEREAS, Senator Scheid actively worked throughout the Legislative Session for passage of the Special Legislation that resulted in Section 22 of Article 2 of Chapter 152 of the Laws of Minnesota 2005; and WHEREAS, Senator Scheid's efforts on behalf of the City of Brooklyn Center have resulted in the passage of Section 22 of Article 2 of Chapter 152 of the Laws of Minnesota 2005. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Senator Linda Scheid be and hereby is recognized and thanked for her many efforts on behalf of the City of Brooklyn Center during this past Legislative Session. Aueust 8.2005 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 tho following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9d Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING AMENDMENT OF MINUTES WHEREAS, the City Council adopted a City Council Handbook on January 23, 1995; and WHEREAS, the City Council wishes to modify its Handbook, adding a policy regarding amendment of minutes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Council Handbook be and hereby is amended to add the following language to the section entitled Agenda as follows: Amendment to Minutes No amendment to the draft minutes included in the City Council packet will be in order unless the proposed amendment has been presented to the City Council in written form setting forth the complete text of the proposed amendment, including any proposed deletion of text. The proposed written amendment will not be entertained unless provided in written form and in sufficient copies for all City Council members, the Deputy Clerk, and City Manager by 6:00 p.m. on the date of a regular City Council meeting. A Council Member who has not had sufficient time to prepare a written proposed amendment to the draft City Council minutes for the most recent meeting, may move to table the minutes to the next regular City Council meeting and if a majority vote in favor of tabling the adoption of the draft minutes, such minutes will be tabled to the next regular City Council meeting No amendment to draft City Council minutes that have been tabled will be in order or entertained unless the amendment is provided to the City Manager in written form setting forth the complete text of the proposed amendment, including any proposed deletion of text, by noon on the Wednesday before the next regular City Council meeting following the meeting at which the minutes were tabled. August 8. 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. Page l of 1 Michael McCauley From: Kathleen Carmody Sent: Friday, July 15, 2005 9:59 AM To: Michael McCauley Subject: Council corrections to the minutes Mike, Could you please draft some sort of resolution for discussion at a work session or the next council meeting that addresses changes to the minutes? I would like it to require changes to be in writing at the council table by 6:00 p.m. of the night they are to be approved. If changes cannot be sent within that timeline, then the council will move to table the minutes for two weeks to the next meeting and changes will be in writing and included in the following meetings packets. Otherwise changes will not be considered. Thanks, Kathleen 07/19/2005 City of Brooklyn Center A Millennium Community To: Mayor Kragness and C it Members Carmody, Lasman, Niesen, and O'Connor From: Michael J. McCauley City Manager Date: July 21, 2005 Re: Council Member Carmody's request regarding a policy on minutes The rough outline of a policy in response to Council Member Carmody's request would be an additional paragraph on page 9 or 10 of the Council Handbook (adopted by resolution): Amendment of Minutes No amendment to the draft minutes included in the City Council packet will be in order unless the proposed amendment has been presented to the City Council in written form setting forth the complete text of the proposed amendment, including any proposed deletion of text. The proposed written amendment will not be entertained unless provided in written form and in sufficient copies for all City Council members, the Deputy Clerk and City Manager by 6:00 p.m. on the date of a regular City Council meeting. A Council Member who has not had sufficient time to prepare a written proposed amendment to the draft City Council minutes for the most recent meeting, may move to table the minutes to the next regular City Council meeting and if a majority vote in favor of tabling the adoption of the draft minutes, such minutes will be tabled to the next regular City Council meeting. No amendment to draft City Council minutes that have been tabled will be in order or entertained unless the amendment is provided to the City Manager in written form setting forth the complete text of the proposed amendment, including any proposed deletion of text, by noon on the Wednesday before the next regular City Council meeting following the meeting at which the minutes were tabled. 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. 9e OX City of Brooklyn Center A Millennium Community MEMORANDUM DATE: July 28, 2005 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: An Ordinance Requiring a Permit for Land Disturbing Activities Background A 1987 amendment to the Federal Clean Water Act required implementation of a comprehensive national program to address storm water runoff issues. In 2003, the City of Brooklyn Center was required to obtain permit coverage under the National Pollutant Discharge Elimination System NPDES) permit program developed by the United States Environmental Protection Agency and the Minnesota Pollution Control Agency. As part of this permit process, the City developed a Storm Water Pollution Prevention Program designed to minimize the discharge of pollutants from the storm sewer system, protect water quality, and satisfy the appropriate water quality requirements of the Clean Water Act. The City's Storm Water Pollution Prevention Program consists of a combination of several Best Management Practices that the community will use to manage urban storm water runoff. The Storm Water Pollution Prevention Program continues to develop each year as the City addresses various requirements for permit coverage. Requested Action In 2005, the City is required to develop additional controls to manage land disturbing activities and construction activities. The City Attorney has prepared the attached ordinance to address the following items required under the City's NPDES storm water permit. 4a. An ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance to the extent allowable under law 4b. Requirements for construction site operators to implement appropriate erosion and sediment control best management practices 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 4c. Requirements for construction site operators to control waste, such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality 4d. Procedures for site plan reviews which incorporate consideration of potential water quality impacts 4e. Procedures for receipt and consideration of reports of non compliance or other information on construction related issues submitted by the public 4f. Procedures for site inspection and enforcement of control measures 5a. Ordinance or other regulatory mechanism to address post construction runoff from new development and redevelopment projects to the extent allowable under law Consistent with the City Charter, a first reading to establish a date for a second reading and public hearing to consider the proposed ordinance is requested for September 12, 2005. 470 U.S. Bank Plaza 200 South Sixth Street 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 Attorney at Law Direct Dial (612) 337 -9215 Email: clefevere @kennedy- graven.com July 11, 2005 Mr. Todd Blomstrom Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: M.S. 4 Permit Application Dear Todd: Attached is a proposed stormwater ordinance requiring a permit for land disturbing activities. These matters were covered in part by existing ordinances. However, each had its limitations. For example, Section 35 -2230 applied only to the flood plain. Section 35 -355 applied only to planned unit developments, and Section 35 -230 applied to site plans, but not all land disturbing activities subject to PCA review are included in City site plan review. The attached ordinance uses the same trigger as the PCA (land disturbing activities of one acre or more, etc.) so this ordinance should cover everything required for paragraphs 4a, 4b, 4c, 4e, 4f and 5b. For section d, existing Section 35 -230 should suffice. Please let me know if you have any questions. Very truly yours, Charles L. LeFevere CLL:peb Attachment eLL- 265295vl BR291 -10 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12 day of September, 2005, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance requiring a permit for land disturbing activities. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REQUIRING A PERMIT FOR LAND DISTURBING ACTIVITIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The Brooklyn Center City Code of Ordinances is amended by adding new Section 35 -235 as follows: Section 35 -235. PERMIT FOR LAND DISTURBING ACTIVITIES 1. No construction. reconstruction. development, redevelopment, grading. excavation or other activitv shall occur without first securing a permit from the Citv Engineer if such activitv causes a land disturbance of one acre or more of land or a land disturbance of less than one acre if it is a part of a common plan of development of one acre or more. 2. The applicant shall submit an erosion and sediment control plan. The plan shall meet the following requirements: a. The plan shall be consistent with the Minnesota Pollution Control Agencv's Best Management Practices Handbook. b. The plan shall describe steps to be taken to control construction impacts on water aualitv such as discarded building materials. concrete truck washout. chemicals. litter and sanitary waste. C. The plan shall provide 2 -foot contour lines with spot elevations of proposed grades in relation to existing grades on the subiect propertv and adiacent land. The location and tvne of erosion control devices shall be clearlv labeled. d. The plan shall include every effort to minimize disturbances of existing ground cover and shall provide that ground cover shall be provided within five (5) days after completion of the grading operation. Erosion control devices shall not be removed until ground cover is established. ORDINANCE NO. e. The elan shall address the management of post development runoff and means of assuring the long -term maintenance and operation of best management practices and storm water management structures. devices and methods. If the land disturbing activity involves construction, the plan shall include procedures to be followed to control waste. such as discarded building materials, concrete truck washout, chemicals. litter. and sanitary waste at the construction site that may cause adverse impacts to water duality. all in accordance with applicable laws. ordinances,, regulations and City policies for such activities. 3. The Engineer may require such additions or modifications to the plan and may impose such conditions and restrictions on the permit as the Engineer deems necessary to provide water quality protection. Such conditions may include. but are not limited to: limiting the size, kind or character of the proposed development: reauiring the construction of structures. drainage facilities. storage basins and other facilities: requiring the replacement of vegetation. establishing required monitoring procedures: requiring that the work be staged over time: requiring the execution and filing of such declarations or agreements as the Engineer deems necessary to assure the continuing monitoring and maintenance of all facilities and systems: and requiring a performance bond. or other acceptable security. to assure that all facilities and systems are constructed as required. 4. Every effort shall be made during the permit application process to determine the full extent of erosion control required. However. the City Engineer may require additional controls to correct specific site related problems as inspections are performed during construction. 5. All erosion control noted on the approved plan shall be installed prior to the initiation of any site grading or construction. 6. All activities reauiring a hermit under this section shall conform to all requirements of federal, state and local laws, rules and regulations. 7. The City Engineer shall inspect and enforce all control measures and shall receive and consider reports of non compliance or other information on construction issues related to water quality submitted by members of the public. Non compliance with the requirements of this section, the approved plan, any conditions or restrictions imposed by the City Engineer, or any orders issued by the City Engineer under paragraph 4 of this Section is a violation of this Section. Violation of this Section is a misdemeanor and constitutes grounds for the City to issue an order to halt all construction or pursue any other legal or eauitable remedy to enforce the requirement of this Section. ORDINANCE NO. Section 2. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of .2005. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Underline indicates new matter; eeut indicates matter to be deleted.) City Council Agenda Item No. 9f City of Brooklyn Center A Millennium Community MEMORANDUM DATE: August 3, 2005 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide f "cv- SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number g y y Brooklyn Center MN 55430 -2199 763 y 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenterorg Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: PROPERTY OWNER PROPERTY ADDRESS TREE TREE TYPE NUMBER CITY OF BROOKLYN CENTER VARIOUS LOCATIONS ELM 194,195,196 242 ANOKA HENNEPIN ISD #11 7020 DUPONT AVE N ELM 197 MANUEL YOLANDA LOPES 7240 FREMONT AVE N ELM 198 GARY CHERYL SCHWARTZ 7216 FREMONT AVE N ELM 199 RYAN SHEILA BUESING 7037 EMERSON AVE N ELM 200,201 MICHAEL MARY CLAUSSEN 7013 W PALMER LAKE DR ELM 202 MACIE JACIE SIKORA 5310 MORGAN AVE N ELM 203 DONALD DOBBS 5315 CAMDEN AVE N ELM 204 EVELYN JOHNSON 7030 LOGAN AVE N ELM 205 CRAIG JEANNE O'BRIEN 6730 DREW AVE N ELM 206 IND SCHOOL DISTRICT 286 6500 HUMBOLDT AVE N ELM 207 GREGORY YOUNG 4806 TWIN LAKE AVE N ELM 208 RICHARD KRUGER 6045 BROOKLYN BLVD ELM 209 OSCAR CAFFIERI 6025 BROOKLYN BLVD ELM 210 RICHARD WYFFELS 6137 KYLE AVE N ELM 211 VELMA LEMBERG 5842 ZENITH AVE N ELM 212 MONICA SHOCKENCY 6107 ALDRICH AVE N ELM 213 DUANE SUSAN KLATKE 5242 FRANCE AVE N ELM 214 JEANNE MALLOY 4906 65 AVE N ELM 215 ROBERT NELSON 7227 NOBLE AVE N ELM 216 RAHEL BOGALE 3349 49 AVE N ELM 217 KONDIWAY BAGANA 5542 IRVING AVE N ELM 218 EVELIA NUNEZ MORALES/FELIX CARDOSO 1508 55 AVE N ELM 219 ANDREW HANSON 5563 HUMBOLDT AVE N ELM 220 JEFFREY NESSLER 5712 KNOX AVE N ELM 221 JOHN STEENSLAND II 7000 FREMONT AVEN ELM 222 MICHELLE NELSON 5926 CAMDEN AVE N ELM 223 EMMANUEL NENE EKUVERO 5935 LYNDALE AVE N ELM 224 TIMOTHY PENNY SMITH 6220 CAMDEN CT ELM 225 BRIAN GROHS 6718 REGENT AVE N ELM 226 EDWARD CONNIE KALISZEWSKI 7101 PALMER LAKE DR W ELM 227 RESOLUTION NO. PROPERTY OWNER PROPERTY ADDRESS TREE TREE TYPE NUMBER RONALD SANDRA WOLLAK 6413 GIRARD AVE N ELM 228 JAMES BURTON ANGELA WUENSCH 6400 GIRARD AVE N ELM 229 DANNY JULIE ZIEGLER 5701 EMERSON AVE N ELM 230 WALTER JOSEPHINE MAHER 5207 EWING AVE N ELM 231 KARL TROUTFETTER 6907 GRIMES AVE N ELM 232 ISD #279 MAPLE GROVE 6201 NOBLE AVE N ELM 233 PAUL GALLUP 6715 FRANCE AVE N ELM 234 DENNIS SHEILA HOISETH 6728 WEST RIVER RD ELM 235 ROBERT HILDRETH 6500 WILLOW LA N ELM 236, 237 238 BRUCE GOLDBERG 5528 HUMBOLDT AVE N ELM 239 DEAN LAVONNE DUNN 5807 KNOX AVE N ELM 240 SE YANG BEE YANG LEE 4406 65' AVE N ELM 241 ZOE HILDRETH 5547 LYNDALE AVE N ELM 243,244,245,246 2. After twenty 0 days from the date of the notice the roe owners will Y Y property rtY receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: City Clerk RESOLUTION NO. I, 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. AGENDA CITY COUNCIL \ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION August 8, 2005 Immediately Following Regular City Council and EDA Meetings Starting at 7:00 P.M. City Council Chambers 1. Council Member Niesen: discussion of Council Member Niesen's suggested rental housing ordinance changes 2. Discussion of State law requiring policy on out of state travel by elected officials 3. Miscellaneous 4. Adjourn City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Connor From: Michael J. McCauley City Manager Date: August 4, 2005 Re: State Mandated Out of State Travel Policy for Elected Officials The 2005 Legislature passed Minnesota Statutes Section 471.661 that requires the City to adopt a policy covering out of state travel by elected officials. The statute reads as follows: Sec. 38. [471.6611 [OUT -OF -STATE TRAVEL.] 48.17 By January 1, 2006, the uoverninv- body of each statutory or 48.18 home rule charter city, county, school district, regional 48.19 aaeney, or other political subdivision, except a town, must 48.20 develop a oolicv that controls travel outside the state of 48.21 Minnesota for the anplicable elected officials of the relevant 48.22 unit of government. The nolicv must be approved by a recorded 48.23 vote and snecifv: 48.24 (1) when travel outside the state is appropriate; 48.25 (2) applicable expense limits. and 48.26 (3) procedures for approval of the travel. 48.27 The policy must be made available for public inspection 48.28 upon request and reviewed annually. Subsequent changes to the 48.29 policy must be approved by a recorded vote. The following is a draft policy to address this requirement for discussion. DRAFT Policy on Out of State Travel When appropriate conference or courses or training opportunities in the continental United States sponsored by: US Conference of Mayors National League of Cities United States Government or agency thereof or as authorized in advance by a majority vote of the City Council 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 TAX (763) 569 -3434 FAX (763) 569 -3494 www. cityo fbrooklyncenter. org Expense limits actual cost of travel: o coach air fare or rail o mileage at IRS rate to and from terminal or depot or to and from site of conference, course, or training o shuttle bus, public transportation, or cab as required to get to conference events and lodging if taken to terminal or depot in Twin Cities o actual costs of lodging and meals any costs for persons other than the Council Member are not reimbursed any cost above the room charge that would have been incurred for the Council Member are not reimbursed cost of registration, materials, and classes at conference, course, or training opportunity costs of optional events that are primarily social in nature are not reimbursed cost of any person other than the Council Member to attend any event or function is not reimbursed Procedure for approval of travel as part of the annual budget process, the City Council will identify the maximum amount of money that may be spent for out of state travel by the Mayor and each Council Member provided funds are available within the limits set by the City Council, a Council Member or the Mayor may attend an appropriate event as defined above if in the case of a City Council Member, the member has not already traveled out of state in the current year or the prior calendar year; or in the case of the Mayor, if the Mayor has not already traveled of state in the current calendar year; or by majority vote of the City Council, the travel has been approved Annual review the policy shall be reviewed annually at a budget work session to determine if any changes should be proposed for formal action by the City Council I Page 2 08/03/2005