HomeMy WebLinkAbout2005 09-26 CCP Regular Session Public Copy
AGENDA
CITY COUNCIL STUDY SESSION
September 26, 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
September 26, 2005
TO: Myrna Kragness, Mayor, City of Brooklyn Center
Members of the Council, City of Brooklyn Center
FROM: Rex Newman R4
SUBJECT: NWSCC NWCT Update
The Commission and Board met September 15. We received the audited financial
statements for 2004. We reviewed the 2005 financials through Jul which are slightly
g Y� g Y
favorable to budget. The proposed budgets for 2006 were then presented. Combining the
two distinct legal entities, the key points are:
1. Revenues are expected to increase about 4 percent. The major sources are the
Franchise Fees (5% of bill, excluding Internet and Telephone), the Local
Origination Fee (80 cents per subscriber), and Advertising on Channel 12.
2. The City Capital Fund grants will also rise by 4 percent.
3. Total expenses will rise 3.7% to about $3.38 million.
4. Total capital will be $1.07 million vs. $0.30 million in 2005. $700,000 of the
difference is to replace the 1993 Channel 12 remote truck.
This will be discussed in detail at a meeting September 29 that I will be attending as a
member of the NWCT Budget Committee. (I was elected to the NWCT Board in April
as an at -large member.) I will be as curious as you might be about that $700,000 truck,
plus I want to look into some strategies like OnDemand for Channel 12.
Also attached is the new policy on election coverage in general and candidate interviews
in particular. I was part of a sub committee that met early this year in response to some
feedback by some candidates. While we felt the coverage itself was fair, there were some
misunderstandings about when and where candidates could be interviewed after the
election. This policy is the result of that inquiry and adopted April 21.
I was unable to attend the presentations last Thursday due to the power outage, but I'm
sure Council Member O'Connor who did attend will update you.
Finally, it would be my pleasure to serve the City of Brooklyn Center again in 2006 on
the Commission. We upgraded our home analog service to digital in July, including the
Personal Video Recorder "Oprah! and high -speed Internet options. The installation
was quick and flawless, and only the extended power outage has interrupted our service
so far. I think Comcast is doing a good job for Brooklyn Center and the Commission,
and look forward to helping improve it still further.
September 15, 2005
Dear General Election Candidate:
Northwest Community Television is the operating entity for Channel 12
and public access programming in the northwest suburban area which
includes the cities of: Brooklyn Park, Brooklyn Center, Crystal, Golden
Valley, Maple Grove, New Hope, Osseo, Plymouth and Robbinsdale.
We are writing to inform you of several opportunities that you have as a
general election candidate to inform the public about yourself and your
candidacy for P ublic office.
First, all candidates for general election in the area we serve are offered
a Candidate's Profile. Candidate Profiles consist of an interview
conducted by the 12 News staff using standardized questions.
Candidates for the same office will be grouped together. Interviews will
then be aired on 12 News prior to the election. If there are numerous
candidates in a single race, the interviews may be aired on consecutive
nights. To participate, you need to check the appropriate selection on
the enclosed form and return it using the pre- addressed, postage -paid
envelope no later than Friday, September 30, 2005.
Second, Channel 12 records and replays League of Women Voter
Candidate Forums on Channel 12 prior to the election.
Third, all general election candidates are offered an election night
interview. Candidates who wish to be interviewed need to be present at
specified locations on Tuesday, November 8, 2005 beginning at 9:00pm.
See the locations on the enclosed form. Again, if you wish to
participate, check the appropriate selection on the enclosed form, and
return it using the pre- addressed, postage -paid envelope no later than
Friday, September 30, 2005.
Fourth, all candidates for public office are encouraged to use the public
access channels to inform the public regarding their candidacy. Please
see the enclosed information.
Finally, please return the enclosed form by Friday, September 30,
2005 whether or not you choose to participate in the Candidate
Profiles or the election night interviews so we have a record of every
candidate's decision.
If you have any questions or concerns please contact LeAnne
Christensen at 763 533 -8196 or email her at Ichristensen @twelveAv.
General Election Candidate
Response Form
Please Print:
Name:
Daytime phone number:
Email Address:
Office you're seeking:
City /District served:
CANDIDATE PROFILE:
YES I would like to participate in a Candidate Profile on
12 News that will consist of an interview conducted by Channel
12 news staff.
NO I decline my opportunity for a Candidate Profile.
ELECTION NIGHT INTERVIEW
YES I would like to be interviewed on Election Night. Reporters will
be at the following locations beginning at 9:00pm. Candidates
will be interviewed on a first -come, first served basis. Please
indicate your choice of location:
Osseo City Hall
Golden Valley City Hall:
Channel 12 Studios in Brooklyn Park
NO I decline my opportunity to be interviewed on election night.
Whether you choose to participate or not, please return this
form in the enclosed, postage -paid envelope
by Friday, September 30, 2005
Political Programming on
Northwest Community TV
Northwest Community Television's public access channels (19 20)
are available to all political candidates in the nine northwest suburbs.
NWCT offers free video training (studio production, portable camera
production and video editing), free use of facilities and equipment and
channel time so candidates can create and cablecast programming to
residents of the nine northwest communities.
All political programming is limited to a total of one -half hour per week
of channel time. This half hour will repeat three times during a 24
hour period. All program content must be in compliance with the
Minnesota Fair Campaign Practices Act. Offering equal time for
opponents doesn't apply because all residents have the ability to utilize
NWCT's free training facilities and channels.
Training classes are offered twice monthly at NWCT and each session
runs two hours in length. For more information or to sign up for video
training, call Barb at 763 533 -8196.
Political Programming on
Northwest Community TV
Northwest Community Television's public access channels (19 20)
are available to all political candidates in the nine northwest suburbs.
NWCT offers free video training (studio production, portable camera
production and video editing), free use of facilities and equipment and
channel time so candidates can create and cablecast programming to
residents of the nine northwest communities.
All political programming is limited to a total of one -half hour per week
of channel time. This half hour will repeat three times during a 24
hour period. All program content must be in compliance with the
Minnesota Fair Campaign Practices Act. Offering equal time for
opponents doesn't apply because all residents have the ability to utilize
NWCT's free training facilities and channels.
Training classes are offered twice monthly at NWCT and each session
runs two hours in length. For more information or to sign up for video
training, call Barb at 763 533 -8196.
City of Brooklyn
September 2005
day Sept 21st: Approx. 16,500 Customers lost
service in Brooklyn Center.
Sept 26
<J
ergy Anticipates service to a majority these
r J� i es can restored by 11: PM to night.
tion has been delayed due to the number of power
;��JJ� at we damaged
1
al power restored to 8 of 9 water supply wells
�r1'J al power r- to all sanitary sewer pump
J
J��1rJ JI�
traffic signals repaired and operating additional
a
J'JaJ� will follo
remove leaves and deb
1I"JIIJ �f storm sewer grate along the curb in front of
I�JIIJ�r•
prevent str
I
tT-
K' T P
IMM i
j
I
L IDQS[ l
First Sweep Done Sept 24
I
l
First Sweep: Sept 26 -Oct 1
Zone 3: When Additional Equipment Available
74 a,
y7 �q 1
SA
I 1 0 2 TT 0
►-A tj.j
debris should -placed at the street curb
J r��
removal will take several weeks schedule
`�JJJJ stablished later this week.
ts J
IJJ� �JJ re li da i P u b lic
r R epa irs s eve r a l
ts can resume normal water usage (system
J 1
rest
CITY COUNCIL MEETING Revised
City of Brooklyn Center
September 26, 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.
Father Jimmy Pham, St. Alphonsus Parish
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.
1. September 12, 2005 Study Session
2. September 12, 2005 Regular Session
3. September 12, 2005 Work Session
b. Licenses
C. Resolution Establishing Improvement Project Nos. 2006 -05, 06, 07, and 08, Contract
2006 -B, Humboldt Avenue North and Earle Brown Drive Street, Storm Drainage and
Utility Improvements
CITY COUNCIL AGENDA -2- September 26, 2005
Revised
8. Council Consideration Items
a. Proclamation Declaring October 2005 as Toastmasters Month
Requested Council Action:
Motion to adopt proclamation.
b. Proclamation Declaring October 9 -15, 2005, to be Firefighter Recognition and Fire
Prevention Week
Requested Council Action:
Motion to adopt proclamation.
C. Resolution Approving Amendment to the Fire Department Relief Association By-
Laws
-Requested Council Action:
Motion to adopt resolution.
d. An Ordinance Amending Chapter 13 of the City Code of Ordinances Relating to
Parks and Recreation
-Requested Council Action:
Motion to approve first reading and set date of second reading and public
hearing for October 24, 2005.
e. Resolution Authorizing Amendment #1 to Personal/Professional Service Agreement
Between the County of Hennepin and the City of Brooklyn Center
-Requested Council Action:
Motion to adopt resolution.
f. An Ordinance Relating to Rental Dwellings and Non Conforming Uses; Amending
City Code Sections 12 -901, 12 -902, and 35 -111
-Requested Council Action:
Motion to approve first reading and set date of second reading and public
hearing for October 24, 2005.
g. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees
Requested Council Action:
Motion to adopt resolution.
h. 2005 City Council Meeting Schedule
Requested Council Action:
Motion to cancel October 3, 2005, budget work session.
9. Adjournment
City Council Agenda Item No. 7a
,fAay
S C-0 V_ Y-.P-
Councilmember Carmody discussed her concerns about the pension costs that are increasing and
expressed that she believes keeping the increases down to what it is at now is good.
Councilmember O'Connor expressed her concern about the taxes going up and that she believes
three percent is too much for. the residents to handle. She would like to see this get to a lower
amount.
Councilmember Niesen expressed that she will support these numbers since they are not final and
discussed her concerns with salary increases. She requested a copy or an e -mail of the survey by
Hewitt and Associates on private sector wage increases.
Councilmember O'Connor inquired of the step increase process used for employees. Mr. McCauley
outlined the step increase process used.
RESOLUTION NO. 2005 -132
Councilmember Carmody moved their adoption:
RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE
GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY
FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES
PAYABLE IN 2006
RESOLUTION NO. 2005 -133
RESOLUTION ADOPTING A PRELIMINARY BUDGET FOR THE 2006 FISCAL YEAR
RESOLUTION NO. 2005 -134
RESOLUTION SETTING THE DATES FOR TRUTH IN TAXATION PUBLIC HEARINGS
AND ADOPTION OF GENERAL FUND BUDGET FOR 2006
The motion for the adoption of the foregoing resolutions was duly seconded by Councilmember
Lasman. Councilmember O'Connor voted against the same. Motion passed.
Councilmember O'Connor asked if the Council had adopted the first of the three resolutions or all
three resolutions. The Council discussed that all three resolutions had been adopted in one motion.
Councilmember O'Connor requested the opportunity to reconsider and vote on each resolution
separately. Councilmember O'Connor wished to vote in favor of the resolution setting a date for a
Truth in Taxation Hearing. Mayor Kragness ruled that the agenda items had passed and moved on to
the next item on the agenda.
11h. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING
OUT -OF -STATE TRAVEL POLICY
09/12/05 -12- 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
STUDY SESSION
SEPTEMBER 12, 2005
CITY HALL COUNCIL CHAMBERS
CALL. TO ORDER
The Brooklyn Center City Council met in Study Session and was called to bfder by Mayor Myrna
Kragness at 6:00 p.m.
ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and
Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City
Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd
Blomstrom, and Deputy City Clerk Maria Rosenbaum.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Niesen asked for clarification regarding Planning Commission Item l0a Planning
g g annin
g
g
Commission Application No. 2005 -011, submitted by Apple American Limited Partnership of
Minnesota. City Manager Michael McCauley discussed that currently Applebee's is located on a
large tract of land including parking lot and Brookdale, exclusive of Sears, Mervyn's, Marshall
Fields, and Kohl's. The proposed approval would allow Applebee's to become located on a separate
parcel and have a separate tax identification number.
Councilmember Carmody inquired if the engineering costs were internal with regards to Consent
Item 7e, Resolution Awarding Contract for Cleaning and Paint Repair Services for Elevated Storage
Tank No. 3, Improvement Project No. 2005 -15, Contract 2005 -H. Director of Public Works /City
Engineer Todd Blomstrom responded that the costs are for consulting firms.
Councilmember Niesen inquired what the "Tax- Roll Send -CD" column indicates. Mr. McCauley
responded that he would look into that and report back to the Council.
Councilmember O'Connor informed that she had one correction to the August 22, 2005, Study
Session minutes and would like the following paragraph to read:
09/12/05
-1- DRAFT
Councilmember O'Connor expressed that she believes the City should not use eminent domain for
private development and inquired if the City had sent any letters to address the structural issues with
mom America Shopping e McCauley discussed that the City had deferred some
the H g Amen pp g C nter. Mr. M Cauley s ty f o
the structural issues because the owners were preparing to tear down the property. She inquired if
the debt of $1.8 Million was the amount that Mr. Lee paid. Mr. McCauley responded that it was in
excess of $2 Million.
Councilmember O'Connor informed that she would like to remove Consent Items 7e, Resolution
Awarding Contract for Cleaning and Paint Repair Services for Elevated Storage Tank No. 3,
Improvement Project No. 2005 -15, Contract 2005 -H, and 7f, Resolution Awarding Contract for
Installation of Lift Station Control Cabinets and Security Improvements, Improvement Project No.
2005 -09, Contract 2005 -1), from the Consent Agenda and have them placed as Council
Consideration Items 11 k and 111.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
DISCUSSION OF WILL DAHN SUGGESTION REGARDING LIMITING NUMBER OF
CARS PARKED IN R -1 ZONE
Council discussed the recommendation of having the Planning Commission explore the suggestions
raised by Will Dahn.
Councilmember Lasman expressed that she believes this would be a good place to begin and that this
would be the appropriate time to deal with back yard parking also.
Councilmember Carmody informed that she had several people discuss this issue with her during
National Night Out and that s believes the number of cars or the amount of space'needs to be
considered. Planning Commission Chair Tim Willson addressed the Council to inform that he
believes the Planning Commission would be willing to study this issue.
Mr. McCauley suggested that the Council consider what portion of the front yard is appropriate for
parking and what portion of the back yard, with what conditions, should be considered. Mayor
Kragness and Councilmembers Carmody, Lasman, and Niesen were in favor of having the Planning
Commission study this issue. Councilmember O'Connor was not in favor of having the Planning
Commission study this issue.
ADJOURNMENT
A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the Study
Session at 6:43 p.m. Motion passed unanimously.
City Clerk Mayor
09/12/05 -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
SEPTEMBER 12, 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, Director of Public
Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk
Maria Rosenbaum.
Don Poss, 6201 Lilac Drive North, addressed the Council to comment on Councilmember
O'Connor's comment regarding the Brooklyn Center Taxpayers Association position with regards to
the Opportunity Site. Mr. Poss informed that the Brooklyn Center Business Association strongly
urges that the Council publicize to every household in the community information about the
Opportunity Site.
There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to close the
Informal Open Forum at 6:51 p.m. Motion passed unanimously.
2. INVOCATION
No Invocation was offered.
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 7:03 p.m.
09/12/05 -1- DRAFT
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, Director of Public
Works /City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, Fire Chief Ron
Boman, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
Councilmember Niesen expressed thanks to Todd Blomstrom, Michael McCauley, SEH Corporation,
and others who helped with the Quiet Zone in the southwest community of Brooklyn Center. She
informed that the trains were scheduled to stop blowing horns on September 3, 2005, and that there
were horns blown that day but there was a noticeable change. She discussed that they will still blow
the horns for safety issues and that the safeguards that are in place now meet Government
Regulations.
Councilmember Carmody wished to express thanks to Deputy City Clerk Maria Rosenbaum for all
her service to the City since this was her last meeting of minute taking.
Councilmember Lasman reported that the Hennepin Count Library will be hosting several events
p P Y �'Y g
for kids and that one of the upcoming topics would be on bullying. She encouraged residents to
check out their website and or visit the Library to see their calendar of events which also includes
multi- cultural events.
Mayor Kragness reported that Starbuck's Coffee had opened on August 25, 2005, and informed that
it is located off Brooklyn Boulevard behind 50's Grill. On September 8, 2005, she attended the
Association for Rental Management (ARM) meeting and the topics of discussion were security and
landscaping issues. She informed that she received an e -mail notification of a "Challenges and
Solutions to Housing Minnesota's Veterans" Forum on homeless Veterans that is going to be held on
September 24, 2005, at the Minnesota Veterans Home in Minneapolis on Minnehaha Avenue.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Mayor Kragness informed that the Council discussed at its Study Session the following amendments
to the agenda: amendment to the August 22, 2005, Study Session minutes and Consent Items 7e and
7f being removed to Council Consideration Items 11 k and .111.
There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve
the amended agenda and consent agenda.
09/12/05 -2- DRAFT
Councilmember O'Connor wished to inform that the reason she wished to amend the portion of the
August 22, 2005, Study Session minutes to read "that the City should not use eminent domain for
private development" instead of public land was because she believes that eminent domain can be
used for public land but it is the private development that she disagrees with.
Motion passed unanimously and the following items were approved:
7a. APPROVAL OF MINUTES
August 22, 2005, Study, Regular, and Work Session.
7b. LICENSES
MECHANICAL
Thelen Heating Roofing, Inc. 1717 13 Street, Brainerd
Woodland Mechanical Inc. 26615 101 Street, Zimmerman
Solid Refrigeration LLC 1125 American Boulevard, Bloomington
RENTAL
Renewal:
4819 Azelia Avenue North (1 bldg, 12 units) Penelope Brown
6737 6743 Humboldt Avenue North (2 bldgs, 18 units) Valley Investments Mgmt
5324 26 James Avenue North (Two Family) Steven Debra Elhardt
3812 Janet Lane (Single Family, Group Home) Mainsl Services
2812 O'Henry Road (Single Family, Group Home) Mainsl Services
Initial:
381552 "d Avenue North (Single Family) Philip Steyenson
5428 Camden Avenue North (Single Family) Paul Dorothea Harris
5245 47 Drew Avenue North (Two Family) John Bailey Scott Krieger
5856 Dupont Avenue North (Single Family) Chad Lemm
6007 Girard Avenue North (Single Family) Ben Dossman IV
5812 June Avenue North (Single Family) Ka Yeng Yang
6918 Morgan Avenue North (Single Family) Aaron Kalata
3218 Quarles Road (Single Family) Karen Thao
7c. APPROVAL OF APPLICATION AND PERMIT FOR A TEMPORARY ON-
SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS PARISH, 7025
HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD ON
OCTOBER 1, 2005
7d. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASE FOR
HOLIDAY STATIONSTORES, INC. (6890 SHINGLE CREEK PARKWAY)
09/12/05 -3- DRAFT
8. PRESENTATIONS
8a. TIM WILLSON, PLANNING COMMISSION CHAIR, REGARDING
OPPORTUNITY SITE
Planning Commission Chair Tim Willson addressed the Council to discuss that he would like to
update on what the Opportunity Site Task Force has been doing, discuss an open house proposal, and
discuss a Northbrook affirmation. Mr. Willson outlined a sheet that was presented regarding the land
use, transportation, open space, and additional benefits for the Opportunity Site. He added a few
additional comments as a citizen of Brooklyn Center and long -term member of the Planning
Commission which included thanks to the Council of having the wisdom and giving the Task Force
the opportunity to look at this site. He believes this type of redevelopment is where the City is now
going to have to focus its energies.
Mr. Willson informed that they are considering an open house to get as much of the work product
that the Task Force has put together before the public. After the open house the Task Force would
put together the comments from the open house and prepare the final package for Council
deliberations.
Mr. Willson discussed that the Task Force was asked by the City Manager whether or not they would
be interested in continuing work with the redevelopment of the Opportunity Site and to include the
Northbrook Shopping Center. Mr. Willson informed that the Task Force had overwhelming agreed
and is excited about taking on that portion of the redevelopment effort.
Councilmember Carmody inquired how high density would be defined since she knows this raises a
concern with residents. Mr. Willson discussed that high density is being defined as number of
people or apartments per acre. She informed that she believes the biggest point for including the
Northbrook Shopping Center would be the split diamond interchange at Highway 100 because that
impacts the other side.
Councilmember Niesen expressed thanks to Mr. Willson for his volunteer work and informed that
his work is very much appreciated. She inquired about the Metropolitan Council's growth study and
if the Task Force has discussed updating the Comprehensive Plan. Mr. Willson informed that the
Comprehensive Plan itself may need some tweaking and the Task Force is currently looking at
recommending an urban type overlay zoning to address issues with this site. She inquired if the Task
Force knows the number for growth expectations and if the City is meeting those numbers. Mr.
McCauley discussed that the Metropolitan Council identified growth in households in Brooklyn
Center without identifying where and how it would happen. If this were to go forward at that
number level then it starts addressing some of the Metropolitan Council's issues about infill
development. At this point there is not really an expectation of some type of penalty for not
achieving what the Metropolitan Council is projecting.
09/12/05 -4- DRAFT
Councilmember Niesen inquired if the updating of the Comprehensive Plan will involve the
Opportunity Site Task Force and consultants at this point. Mr. McCauley discussed the process used
with the last update and informed that he believes staff would probably recommend some variation
of that model which is to have a professional planning firm put together all of the technical
requirements that have to be done for the Metropolitan Council. It then would be submitted for
comments and have a broader base of public participation with a core group of the Planning
Commission. This proposal coming forward impacts the existing Comprehensive Plan and the
consulting group is looking at the technical issues that have to be addressed in the existing
Comprehensive Plan to go forward with the Opportunity Site.
Councilmember Niesen discussed that she had received calls regarding representatives of the Hmong
Chamber of Commerce wanting to serve on the Opportunity Site Task Force. Mayor Kragness
informed that she received calls also and that she explained to them that the Task Force had already
been formed for some time and that they would be welcome to attend the meetings whether they are
open for comment or not.
Councilmember Carmody questioned when the proposed open house would be scheduled. Mr.
McCauley discussed that it is being targeted for January 2006 if the resolution before the Economic
Development Authority (EDA) this evening is approved.
8b. PRESENTATION ON EMERGENCY MANAGEMENT PREPAREDNESS
Fire Chief Ron Boman presented a PowerPoint presentation regarding the City's Emergency
Operations Plan which included the purpose of the plan, the organizational chart, four phases of
emergency management, ongoing emergency management activities, and a map of the City's
emergency focal points. He informed that they are planning a functional exercise in 2006 and that
this plan is being updated on an ongoing basis and will soon be available in an electronic version.
9. PUBLIC HEARING ITEMS
9a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF
ORDINANCES REQUIRING A PERMIT FOR LAND DISTURBING
ACTIVITIES
Mr. McCauley discussed as part of the Federal Mandates and Requirements the City has to deal with
non -point discharges and one of those in terms of potentially putting pollutants and other foreign
materials into the storm water system are construction activities. The City Attorney had prepared
this ordinance that takes what was spread throughout the ordinances and makes a comprehensive
requirement for a permit to do construction activities that have the potential to put materials into the
storm water stream.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public
Hearing. Motion passed unanimously.
09/12/05 -5- DRAFT
No one wished to address the Council.
A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public
Hearing. Motion passed unanimously.
Councilmember O'Connor inquired how much this permit would cost. Director of Public
Works /City Engineer Todd Blomstrom informed that no fee has been established and that a fee will
be established by resolution at a later date.
ORDINANCE NO. 2005-08
Councilmember Lasman introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES
REQUIRING A PERMIT FOR LAND DISTURBING ACTIVITIES
The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember
Carmody. Motion passed unanimously.
9b. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR
DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE
HENNEPIN COUNTY TAX ROLLS
Mr. McCauley discussed that this resolution is the semi- annual certification of delinquent utility
accounts.
A motion by Councilmember Carmody, seconded by Councilmember Niesen to open the Public
Hearing. Motion passed unanimously.
Sherry Brown, 5013 66` Avenue North, addressed the Council to inform that she purchased her
home this May and that she received a letter from the City stating the previous owner is delinquent
on the utility bill and that this delinquency is being rolled into her property taxes. Mr. McCauley
discussed that the Council had adopted a policy with respect to this issue and suggested if the
Council would like to pull Ms. Brown's assessment, the public hearing can continue with respect to
her assessment being continued to September 26, 2005.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to remove Ms.
Brown's assessment and continue her assessment to September 26, 2005. Motion passed
unanimously.
A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public
Hearing. Motion passed unanimously.
RESOLUTION NO. 2005-128
09/12/05 -6- DRAFT
Councilmember Carmody introduced the following resolution with the removal and continuation of
the proposed assessment to 5013 66 Avenue North and moved the remainder of the assessments for
adoption:
RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY
SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
9c. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE OF
ORDINANCES RELATING TO THE MUNICIPAL LIQUOR STOR4
REGULATING HOURS OF OPERATION
Mr. McCauley discussed this ordinance change would repeal the prior regulations which had been
based on State Statute and references the hours and dates as set by State Law so the City no longer
has to amend each time the State changes its rules.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public
Hearing. Motion passed unanimously.
No one wished to address the Council.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public
Hearing. Motion passed unanimously.
ORDINANCE NO. 2005-09
Councilmember Niesen introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE OF ORDINANCES
RELATING TO THE MUNICIPAL LIQUOR STORE; REGULATING HOURS OF OPERATION
The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember
Lasman. Motion passed unanimously.
09/12/05 -7- DRAFT
10. PLANNING COMMISSION ITEM
10a. PLANNING COMMISSION APPLICATION NO. 2005-011. SUBMITTED BY
APPLE AMERICAN LIMITED PARTNERSHIP OF MINNESOTA.
REQUEST FOR PRELIMINARY REGISTERED LAND SURVEY
APPROVAL TO CREATE A SEPARATE TRACT OF LAND FOR THE
APPLEBEE'S RESTAURANT AT BROOKDALE SHOPPING CENTER.
THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS
APPLICATION AT ITS AUGUST 25, 2005, MEETING.
Mr. McCauley discussed that if this is approved it would create a separate parcel of land and
ownership for Applebee's Restaurant and results in a separate tax identification number that would
allow the Applebee's Restaurant to control its own destiny as to the payment of taxes.
The Planning Commission recommended approval of Planning Commission Application No. 2005
011 subject to the following conditions:
1. The final RLS is subject to review and approval by the City Engineer.
2. The final RLS is subject to the provisions of Chapter 15 of the City Ordinances.
3. Approval of the RLS does not create separate development rights for the newly
created tract of land other than that authorized for Brookdale in its entirety.
A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve Planning
Commission Application No. 2005 -011 subject to the above conditions recommended by the
Planning Commission. Motion passed unanimously.
11. COUNCIL CONSIDERATION ITEMS
11a. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF
HONEYWELL FEDERAL CREDIT UNION IN SUPPORT OF THE
SUMMER YOUTH SPORTS PROGRAM
M ne read resolution ex appreciation for the donation of
Mayor Kra ss d the reso ut on ressin a
Y g expressing PP $1,000 from the
Honeywell Federal Credit Union in support of the Summer Youth Sports Program.
RESOLUTION NO. 2005-129
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF HONEYWELL
FEDERAL CREDIT UNION IN SUPPORT OF THE SUMMER YOUTH SPORTS PROGRAM
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
DRAFT
09/12/05 8
11b. PROCLAMATION DECLARING SEPTEMBER 2005 AS NATIONAL
ALCOHOL AND DRUG ADDICTION RECOVERY MONTH
Mayor Kragness read the Proclamation Declaring September 2005 as National Alcohol and Drug
Addiction Recovery Month.
A motion by Councilmember Carmody, seconded by Councilmember Lasman to adopt Proclamation
Declaring September 2005 as National Alcohol and Drug Addiction Recovery Month. Motion
passed unanimously.
11C. PROCLAMATION DECLARING SEPTEMBER 18-24,2005, 5 TO BE S
FI CAL
AND SUPPORT SERVICES WEEK
Mayor Kragness read the Proclamation Declaring September 18 -24, 2005, To Be Fiscal and Support
Services Week.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to adopt Proclamation
Declaring September 18 -24, 2005, To Be Fiscal and Support Services Week. Councilmember
O'Connor voted against the same. Motion passed.
11d. MAYORAL APPOINTMENT TO NORTHWEST HENNEPIN HUMAN
SERVICES COUNCIL ADVISORY COMMISSION
Mayor Kragness requested ratification of Joshua Xion to the Northwest Hennepin Y g q g p Human Services
Council Advisory Commission.
Councilmembers Carmody and O'Connor expressed that they believe both applicants were well
qualified for this appointment.
A motion by Councilmember Carmody, seconded by Councilmember Lasman to ratify Mayoral
nomination of Joshua Xiong to the Northwest Hennepin Human Services Council Advisory
Commission. Motion passed unanimously.
11e. RESOLUTION SUPPORTING THE CITY OF FRIDLEY'S APPLICATION
TO THE STATE OF MINNESOTA FOR FINANCIAL ASSISTANCE WITH
THE SPRINGBROOK NATURE CENTER
Mr. McCauley discussed that the Mayor of the City of Fridley had requested of the City Council
support for their efforts to obtain financial assistance from the State of Minnesota for the
Springbrook Nature Center.
RESOLUTION NO. 2005 -130
Councilmember Carmody introduced the following resolution and moved its adoption:
09/12/05 -9- DRAFT
RESOLUTION SUPPORTING THE CITY OF FRIDLEY'S APPLICATION TO THE STATE OF
MINNESOTA FOR FINANCIAL ASSISTANCE WITH THE SPRINGBROOK NATURE
CENTER
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman.
Mayor Kragness wished to point out that this does not require the City of Brooklyn Center to offer
any financial assistance and this is only moral support.
Councilmember O'Connor voted against the same. Motion passed.
11f. RESOLUTION AUTHORIZING PROPOSED USE OF AUTO THEFT
PREVENTION GRANT
Mr. McCauley discussed that the City has been successful again in receiving funding for auto theft
prevention efforts and this would approve the agreement with the State of Minnesota so the Police
Department can devote a full officer to this effort.
RESOLUTION NO. 2005-131
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING PROPOSED USE OF AUTO THEFT PREVENTION GRANT
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmod
I y
Councilmember Carmody inquired what types of things are done with this grant. Mr. McCauley
discussed there is an officer who works full -time with the car dealers to help them identify ways to
reduce theft and provides for the use of bait cars and other tactics trying to catch people who are
doing this and reduce the incidents.
Councilmember O'Connor expressed that she does not like the idea of bait cars and believes that the
City should not spend a lot of money of this type of thing. She inquired if $134,000 covers
everything or does the City put something towards this. Mr. McCauley discussed this is reimbursing
the City for its efforts.
Councilmember Niesen expressed that she believes the City needs to get into control of these
incidents.
Councilmember O'Connor asked if a report could be provided on previous reductions. Mr.
McCauley informed that the Police Chief had done a report and he would look into getting a copy of
that report for the Council.
09/12/05 -10- DRAFT
i
Councilmember O'Connor abstained. Motion passed.
11g. 2006 PRELIMINARY BUDGET AND TAX LEVY REPORT
1. RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY
LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS
AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND
REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES
PAYABLE IN 2006
2. RESOLUTION ADOPTING A PRELIMINARY BUDGET FOR THE
2006 FISCAL YEAR
3. RESOLUTION SETTING THE DATES FOR TRUTH IN TAXATION
PUBLIC HEARINGS AND ADOPTION OF GENERAL FUND
BUDGET FOR 2006
Mr. McCauley nformed
y there was a typo in the materials on the top of page 3 of his memo that
should be amended to read 3.6 and not 3.7 percent. The first two resolutions set a revenue target that
is consistent with the discussions that have been held in May and August with the Financial
Commission. The third resolution would set December 5, 2005, for the Truth in Taxation Hearing
and December 12, 2005, and the continuation of the Truth in Taxation Hearing if needed and
required.
Mr. McCauley discussed that the target levy sets the cap of the amount of money that can be levied
in real estate taxes payable in 2006. The Council can reduce the amount at the December 12, 2005,
meeting; however, it cannot set an amount higher than the preliminary levy set forth in the
resolutions.
The combined levies for the general fund operations, general obligation bond supportive by taxes
including the Police and Fire Bonds, and the previously approved preliminary levy for the Housing
and Redevelopment Authority was a cumulative of 2.72 percent in all of the taxes levied b the Ci
Y
from 2005 to 2006. It is a 3.73 percent levy increase for general fund operations as a component, but
with the retirement of the 1995 Bonds and a slight reduction in the Debt Service required for the
Police and Fire Bond, the cumulative total levy impact is the lower amount of 2.72 percent. The
current status of the General Fund Budget is that the City is roughly a $100,000 out of balance in
terms of the actual draft and that will be adjusted in remedy by December with the continuing work
sessions.
Councilmember O'Connor inquired about the amount in the third "Whereas" with Resolution
Adopting a Preliminary Budget for the 2006 Fiscal Year. Mr. McCauley informed that the amount of
$11,648,789 in the Whereas section of the resolution was a typo and that the correct was
$11,627,415 as set forth in the text of the resolution setting the preliminary levy.
09/12/05
-11- DRAFT
Councilmember Carmody discussed her concerns about the pension costs that are increasing and
expressed that she believes keeping the increases down to what it is at now is good.
Councilmember O'Connor expressed her concern about the taxes going up and that she believes
three percent is too much for the residents to handle. She would like to see this get to a lower
amount.
Councilmember Niesen expressed that she will support these numbers since they are not final and
discussed her concerns with salary increases. She requested a copy or an e -mail of the survey by
Hewitt and Associates on private sector wage increases.
Councilmember O'Connor inquired of the step increase process used for employees. Mr. McCauley
outlined the step increase process used.
RESOLUTION NO. 2005-132
Councilmember Carmody introduced the following resolutions and moved their adoption:
RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE
GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY
FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES
PAYABLE IN 2006
RESOLUTION N0.2005 -133
RESOLUTION ADOPTING A PRELIMINARY BUDGET FOR THE 2006 FISCAL YEAR
RESOLUTION NO. 2005-134
RESOLUTION SETTING THE DATES FOR TRUTH IN TAXATION PUBLIC HEARINGS
AND ADOPTION OF GENERAL FUND BUDGET FOR 2006
The motion for the adoption of the foregoing resolutions was duly seconded by Councilmember
Lasman. Councilmember O'Connor voted against the same. Motion passed.
Councilmember O'Connor asked if the Council had adopted the first of the three resolutions or all
three resolutions. The Council discussed that all three resolutions had been adopted in one motion.
Councilmember O'Connor requested the opportunity to reconsider and vote on each resolution
separately. Councilmember O'Connor wished to vote in favor of the resolution setting a date for a
Truth in Taxation Hearing. Mayor Kragness ruled that the agenda items had passed and moved on to
the next item on the agenda.
11h. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING
OUT -OF -STATE TRAVEL POLICY
09/12/05 -12- DRAFT
Mr. McCauley discussed that State Law requires the Council to adopt a formal policy on City
Council travel outside of the State of Minnesota. This resolution would amend the City Council
Handbook to provide a description of when travel is appropriate and what expenses would be
authorized in the procedure for approval; and provides that the Council annually review this to
comply with State Law.
RESOLUTION NO. 2005-135
Councilmember Carmody introduced the following resolution and moved its adoption:
RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING OUT -OF -STATE
TRAVEL POLICY
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
RESOLUTION AUTHORIZING ATTENDANCE AT NATIONAL LEAGUE
OF CITIES 2005 CONGRESS OF CITIES AND EXPOSITION
Mr. McCauley discussed since the Council adopted the policy and it has not gone through a budget
process implementing that policy, this resolution fits under the policy just adopted by specifically
authorizing the attendance at the National League of Cities 2005 Congress of Cities and Exposition
by Councilmember Niesen.
Councilmember Lasman wished to point out that what the Council is doing by this action is changing
a policy allowing a Council Member to attend every other year, to allowing two national conferences
per Council Member, per term.
RESOLUTION NO. 2005-136
Councilmember Carmody introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING ATTENDANCE AT NATIONAL LEAGUE OF CITIES 2005
CONGRESS OF CITIES AND EXPOSITION
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Councilmember Niesen abstained. Motion passed.
1Ij. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DISEASED TREES
RESOLUTION NO. 2005 -137
Councilmember Carmody introduced the following resolution and moved its adoption:
09/12/05 -13- DRAFT
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.
llk. (FORMERLY CONSENT ITEM 7E)
RESOLUTION AWARDING CONTRACT FOR CLEANING AND PAINT
REPAIR SERVICES FOR ELEVATED STORAGE TANK NO. 3,
IMPROVEMENT PROJECT NO. 2005-15, CONTRACT 2005 -H
Councilmember O'Connor inquired if using money from the Water Utility Fund would be depleting
the fund. Mr. McCauley discussed that roughly half of the amount was budgeted and the other half
is making repairs that is indicated in Mr. Blomstrom's memorandum less costly for the City to make
in connection with this washing. This expenditure, as any expenditure, would reduce the amount of
money in the fund and the amount is not significant as it relates to the fund.
RESOLUTION NO. 2005 -138
Councilmember Carmody introduced the following resolution and moved its adoption:
RESOLUTION AWARDING CONTRACT FOR CLEANING AND PAINT REPAIR SERVICES
FOR ELEVATED STORAGE TANK NO. 3, IMPROVEMENT PROJECT NO. 2005 -15,
CONTRACT 2005 -H
The motion for the adoption of the foregoing resolution was duly seconded b Councilmember
P g g Y Y
Lasman. Motion passed unanimously.
ill. (FORMERLY CONSENT ITEM 7F)
RESOLUTION AWARDING CONTRACT FOR INSTALLATION OF LIFT
STATION CONTROL CABINETS AND SECURITY IMPROVEMENTS,
IMPROVEMENT PROJECT NO. 2005-09, CONTRACT 2005 -D
Councilmember O'Connor inquired how control cabinets work and what they are needed for. Mr.
Blomstrom discussed that the control cabinets control the operations of the lift station facility. Mr.
McCauley added that the lift stations serve the functions of pumping sewage from one spot up so that
it can then again be transported using gravity flow.
Bl
Councilmember O'Connor inquired what 'security improvements would b e made. Mr. om
strom
q
discussed that the security improvements proposed are the intrusion detection and alarms for the well
buildings and the lighting improvements for wells in the water towers.
RESOLUTION NO. 2005-139
09/12/05 -14- DRAFT
Councilmember Carmody introduced the following resolution and moved its adoption:
RESOLUTION AWARDING CONTRACT FOR INSTALLATION OF LIFT STATION
CONTROL CABINETS AND SECURITY IMPROVEMENTS, IMPROVEMENT PROJECT NO.
2005 -09, CONTRACT 2005 -D
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
12. ADJOURNMENT
There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn
the City Council meeting at 8:47 p.m. Motion passed unanimously.
City Clerk Mayor
09/12/05 -15- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
O THE STATE OF MINNESOTA
WORK SESSION
SEPTEMBER 12, 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 9:00 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 WILL DAHN SUGGESTION REGARDING LIMITING NUMBER OF
CARS PARKED IN R -1 ZONE
This item was discussed at the Study Session.
DISCUSSION OF REQUEST FOR INFORMATION ON RENTAL HOUSING
INSPECTION COSTS AND LICENSE FEES
Council spent a considerable amount of time discussing the current inspection process and costs
along with the current and some proposed license fee amendments. It was the consensus of the
Council to have staff prepare an analysis with different scenarios and continue this discussion at the
September 26, 2005, meeting.
MISCELLANEOUS
Councilmember Lasman asked about the possibility of expanding the closing date of outdoor patios
after Labor Day. Mr. McCauley responded that he would have a research done on outdoor patios and
report back to the Council.
ADJOURNMENT
There was a motion by Councilmember /Commissioner Carmody, seconded by Councilmember/
Commissioner Lasman to adjourn the City Council/Economic Development Authority Work Session
at 10:13 p.m. Motion passed unanimously.
City Clerk Mayor/President
09/12/05 -1- DRAFT
City Council Agenda Item No. 7b
Or City of Brooklyn Center
A Millennium Community
TO: Michael J. McCauley, City Manager
FROM: Maria Rosenbaum, Deputy City Clerk
DATE: September 21, 2005 v►
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 September 26, 2005, are
as follows:
MECHANICAL
C B Heating Air 18851 165 Street NE, Foreston
Suburban Air 1290 B Osborne Road NE, Fridley
PRIVATE KENNEL
Lynn Amacher -Malin 5420 Fremont Avenue North
RENTAL
Renewal:
(All properties had no calls for service)
4200 65 Avenue North (Single Family) Desi Klempay
3618 Commodore Drive (Single Family) Tou Thao
5825 Dupont Avenue North (Single Family) Pal Ac Yang
5707 Emerson Avenue North (Single Family Lois Front
6801 Fremont Place North (Single Family) Olamiyi Kuku
6342 Lee Avenue North (Single Family) Timothy Cioni
Initial:
(All properties had no calls for service)
5224 65 Avenue North (Single Family) Nick Morris
5712 Bryant Avenue North (Single Family) Shoua Vang
5800 Drew Avenue North (Single Family) Noah Lindsey
6301 Shingle Creek Parkway ay 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. 7c
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: September 20, 2005
TO: Michael McCauley, City Manager
FROM: Todd Blomstrom, Director of Public Works'It
SUBJECT: Resolution Establishing Improvement Project Nos. 2006 -05, 06, 07 08, Contract
2006 -B, Humboldt Avenue and Earle Brown Drive Street, Storm Drainage and
Utility Improvements
The City's Capital Improvement Program includes planned improvements for Humboldt Avenue,
between 65 Avenue North and 69t Avenue North and Earle Brown Drive. These street and utility
improvements are identified for construction in 2006. The attached map illustrates the extent of the
proposed project area.
The action requested of the City Council at this time is therefore to establish the proposed 2006
Humboldt Avenue North and Earle Brown Drive Street, Storm Drainage and Utility Improvement
Project so that initial fieldwork and data gathering can commence. Upon authorization by the City
Council, the following actions would take place:
Data collection, including field surveys, traffic counts, and inspection of drainage system.
Review of sanitary and water main maintenance records.
Televised inspections of the sanitary sewer system.
Soil /geotechnical investigations along the roadway.
Prepare a feasibility study and report for review by the City Council.
Conduct a public informational meeting with property owners adjacent to the project areas.
Attached for City Council consideration is a resolution establishing Improvement Project Nos.
2006 -05, 06, 07 08, Contract 2006 -B, Humboldt Avenue North and Earle Brown Drive Street,
Storm Drainage and Utility Improvements and authorizing staff to proceed with the above stated
work.
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 ESTABLISHING IMPROVEMENT PROJECT NOS. 2006 -05,
06,07 08, CONTRACT 2006 -B, HUMBOLDT AVENUE NORTH AND
EARLE BROWN DRIVE STREET, STORM DRAINAGE AND UTILITY
IMPROVEMENTS
WHEREAS, the City's Capital Improvements Program identifies Humboldt
Avenue North between 65 ffi Avenue North and 69"' Avenue North and Earle Brown Drive for
reconstruction in 2006; and
WHEREAS, the City Council has reviewed the scope of proposed improvements
for the reconstruction of said segment of Humboldt Avenue North and Earle Brown Drive; and
WHEREAS, the City Council desires to begin the process of information
gathering, preliminary design and solicitation of public comments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. Improvement Project Nos. 2006 -05, 06, 07 08, Humboldt Avenue
North and Earle Brown Drive Street, Storm Drainage and Utility
Improvements, is hereby established.
2. Staff is directed to begin fieldwork and preliminary design, contact
property owners in the neighborhood to obtain comments and input, and
hold public informational meetings for property owners in the
neighborhood where improvements are proposed.
3. Estimated project costs and revenues for the above stated work are as
follows:
COST AMOUNT
Sewer Televising and Geotechnical 5,500.00
Engineering Surveying 17.300.00
Estimated costs 22,800.00
is
RESOLUTION NO.
REVENUES AMOUNT
Sanitary Sewer Utility Fund 4,000.00
Water Utility Fund 9,600.00
Storm Sewer Utility Fund 4,000.00
Street Construction Fund S 5,200.00
Estimated Revenues 22,800.00
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.
Humboldt Ave. N. Reconstruction Area
7-7� F L I I I o
69th Ave N
6840
1505 I I En
1600 O I MnM
J
1701
6819
I 6800
3
I
6737
I 6700 I I 1300
.1400 EETP
l� I0 1600 1501
67th Ave N
6645 a
6640 :1401 1301
I
1601 6625
is
Z
a>
Q
6530 6511 i 2
6500
1600
6501
65th Ave N
N
0 125 250 500 750 1,000
Feet
j Earle Brown Drive Reconstruction Area
22 L
1601 1501
1-9 41694
6301
i
D\
Q
V 1 6300
1 22
1
6200
7
6120
6160 6
m
61
100 W
040
001
5951
50
60
6000
5925 601V
939 5�
22
5927 601 1500
5 5 0 5930
1
N
0 125 250 500 750 1,000
Feet
City Council Agenda Item No. 8a
PROCLAMATION
DECLARING OCTOBER 2005 AS TOASTMASTERS MONTH
WHEREAS, the vision of the Toastmasters International Organization is to
empower people to achieve their full potential and realize their
dreams; and
WHEREAS, since the Toastmasters Organization began in 1924, more than three
million men and women have benefited from its communication and
leadership programs. Members of Toastmasters benefit from
improved communication skills, better meeting facilitation skills, and
leadership skills. Increased self confidence is an added dividend; and
WHEREAS, meetings include both prepared and extemporaneous speaking.
Speeches are evaluated emphasizing positive immediate feedback and
ideas for improvement, all within a supportive environment. Members
receive educational manuals from Toastmasters International which
offers guidelines for speeches; and
WHEREAS, the mission of Toastmasters Club is to provide a mutually supportive
and positive learning environment in which every member has the
opportunity to develop communication and leadership skills, which in
turn foster self confidence and personal growth; and
WHEREAS, there are two Toastmaster Clubs in the City of Brooklyn Center,
Minnesota.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of
Minnesota, with the consent and support of the Brooklyn Center City Council, do
hereby proclaim October 2005 as Toastmasters Month in the City of Brooklyn
Center and call upon all citizens of this City to join in commending this observance
and celebrating the 81 Anniversary of the Toastmasters International Organization.
September 26. 2005
Date Mayor
ATTEST:
City Clerk
September 6, 2005
City of Brooklyn Center
SUBJECT: Request for Toastmasters International Proclamation
Dear Mayor Kragness
I am requesting that October 2005 be declared Toastmasters International month in the
city of Brooklyn Center, MN.
Toastmasters International is celebrating its 81 st anniversary. Our organization was
established in October of 1924, as a non -profit organization by Dr. Ralph. He believed
that people need an organization where they can practice communication and leadership
skills in a supportive environment. The vision of the organization is to empower people
to achieve their full otential
p and realize their dreams. The program consists of manuals
and education modules. Members help each other via constructive evaluations. Members
help themselves via doing assignments at a pace that facilitates their learning level and
style. It is an organization that fosters effective thinking, listening and speaking.
Our goal is to obtain the proclamation by October 01, 2005 or sooner. It will be a tool to
inspire both members and non members to celebrate our anniversary.
I am sending suggested wordin g for the proclamation.
Please confirm receipt of this message. My contact information is noted below.
Respectfully,
Donna Richardson
President High Tech Talkers Toastmasters Club
guidinizstrateizies na,earthlink.net
19880 Stieg Road
Corcoran, MN 55374
H 763 416 -458
City Council Agenda Item No. 8b
PROCLAMATION
DECLARING OCTOBER 9 -15, 2005, TO BE FIREFIGHTER RECOGNITION
AND FIRE PREVENTION WEEK
WHEREAS, the history of Fire Prevention Week has its roots in the Great Chicago Fire of
1871, which killed more than 250 persons, left 100,000 homeless, destroyed
17,400 structures, and burned more than 2,000 acres; and
WHEREAS, since 1922, the President of the United States of America has designated
the week in which October 9 falls as National Fire Prevention Week, and the
National Fire Protection tect on Association has officially sponsored Fire Prevention
Week since the observance was first established; and
WHEREAS, firefighters provide an invaluable public service and risk their lives to
preserve and protect our community through the delivery of efficient and
effective fire- and life- safety services; and
WHEREAS, firefighters recognize prevention as the most effective means to fight fire
and they continue to educate the public on fire safety to benefit our
community; and
WHEREAS, it is highly appropriate that the services provided firefighters
g y p by be
recognized and appreciated.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of
Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby
proclaim the week of October 9 through 15, 2005, to be Firefighter Recognition and Fire
Prevention Week and ask that our community honor all firefighters and participate in fire
prevention activities at home, work, and school, and take all steps necessary to keep their
homes and families safe from fire.
September 26. 2005
Date Mayor
ATTEST:
City Clerk
City Council Agenda Item No. 8c
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody, Lasman, Ni and O'Connor
FROM: Michael J. McCauley, City Manager
DATE: September 21, 2005
SUBJECT: Fire Relief Association Pension
Last year, the Brooklyn Center Fire Department Relief Association requested an increase in the lump
sum benefit from $5,000 per year to $6,000 per year. The City Council approved the amendment to
the Fire Department Relief Association By -Laws to increase the benefit level to $6,000 per year.
The resolution approving the amendment also directed a review of the lump sum benefit again in
August 2005 and further encouraged the Fire Relief Association begin work on meeting the cash
contingency targets that were recommended by Springsted in 2004. Pursuant to State Law, the
maximum benefit amount is $7,500 per year. Fire Relief Association had requested a phase -in to the
maximum benefit amount. As indicated, rather than move to $7,500, the staff recommendation,
adopted by the Council, was to phase -in a benefit increase with a continued review of the actuarial
status of the Fire Relief Association.
Attached is the request received from the Brooklyn Center Fire Department Relief Association to
increase the benefit to $7,000 per year of service in 2005 and a further request to review the benefit
amount in 2006. Springsted again reviewed the actuarial valuation performed by the actuary that
audits the Fire Relief Association records. Based on that review, the Brooklyn Center Fire Relief
Association has made substantial progress in creating a liquid reserve to cushion potential market
fluctuations in their portfolio value. The review also indicates that then Inwaarden, the Fire Relief
Association actuary, would support an increase of the benefit amount to $7,000 per year of service
without additional costs to the City. As indicated last year and implicit in the review this year, there
always remains the potential that the City would be required to make up any deficit funding of the
Fire Department Relief Association. The primary risks in that area would be a loss in the valuation
of the portfolio at a time during which distributions would be required or a loss of State Pension
Funding. Pension Funding receives resources from insurance surcharges or fees. Thus, State
Funding may be more secure in the Fire Pension area than it is and has been in other areas where
funds are transferred to local government.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430 -2199 (763) 569 -3400
City all TDD Number 763 69-
y 5 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 AMENDMENT TO THE FIRE DEPARTMENT
RELIEF ASSOCIATION BY -LAWS
WHEREAS, the Brooklyn Center Fire Department Relief Association has requested
City approval of a benefit increase for retirees; and
WHEREAS, such benefit increase would require an amendment of the City of
Brooklyn Center Fire Department Relief Association By -laws; and
WHEREAS, Van Iwaarden and Associates has conducted an actuarial valuation and
benefit study and determined that the anticipated assets available for benefits would be sufficient to
support the proposed By -law amendment to increase the benefit the level to $7,000 per year; and
WHEREAS, Springsted public finance advisors has reviewed the report prepared by
Van Iwaarden and Associates and the financial statement for the City of Brooklyn Center Fire
Department Relief Association for the year ended December 31, 2004, and found the fund to be well
run and actuarially sound based upon the review of the Van Iwaarden and Associates report and
financial statement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that an amendment to the By -laws of the City of Brooklyn Center Fire Department
Relief Association to increase the lump sum benefit to $7,000 per year be and hereby is approved as
of January 1, 2005, and be it further resolved that the lump sum benefit amount be reviewed again in
August 2006 and that the Fire Relief Association be and hereby is encouraged to continue work on
meeting the cash contingency targets recommended by Springsted.
September 26. 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.
Springsted Incorporated
380 Jackson Street, Suite 300
S r l n s t e d Saint Paul, MN 55101 -2887
p g Tel: 651-223-3000
Fax:651- 223 -3002
www.springsted.com
September 2, 2005
Mr. Mike McCauley, City Manager
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430 -2199
Dear Mike:
You have requested that we informally review the material provided by the Brooklyn Center Fire
Relief Association and its most recent actuarial valuation which was performed by Van
Inwaarden. As with similar reviews we have performed in past years, you have again asked
that we review this information not from an actuarial standpoint but f rom the City's policy
perspective in order to give you a second opinion regarding the potential policy implications for
the City.
We have undertaken an informal review utilizing the Associations 2004 Audit Report and the
Van Inwaarden January 1, 2005 actuarial valuation dated June 6, 2005. Based on this review,
we have come up with the following findings:
The Fund appears to be well run and actuarially sound based upon the Van
Inwaarden report.
The plan had a surplus of $539,819 as of January 1, 2005 compared to $720,103 as
of January 1, 2003. The decrease in surplus is due primarily to the increase in the
actuarial accrued liability of active members as of January 1, 2005 and reflects the
increase in lump sum benefits from $5,000 per year of service to $6,000 per year of
service for 2004.
The firefighters are requesting that their lump sum benefits be increased from
$6,000 per year of service to $7,000 per year of service. The actuarial valuation
incorporates two alternatives: the increase to $7,000 for 2005 and an increase to
$7,500 for 2006 and the increase for 2005 to $7,500 per year of service.
Based on the actuarial valuation dated June 6, 2005, the City would not be required
to make a contribution to the fund during the period 2005 and 2006, over and above
what is projected for state aid, under either scenario. T he City contributed $0 during
2004 and $0 during 2003.
The state aid passed throng h to the Association for 2004 was $160,929 and
$125,123 in 2003. State aid for 2005 is projected in the actuarial valuation to be
$158,991 and then increased by two percent (2 each year.
Public Sector Advisors
City of Brooklyn Center, Minnesota
September 2, 2005
Page 2
One of the issues addressed is the diversity of investments held by the Association.
As of December 31, 2004 approximately forty -nine percent (48.98 or $1,656,469
of the plan assets continued to be held in corporate stock s and bonds with the
remaining $1,725,134 held in primarily mutual funds. Approximately ten percent
(9.69 of total investments, or $327,717, was held in money market accounts and
certificates of deposit.
The primary concern of the City is if it concurs with the request, will the increase requested
require the City to contribute additional dollar resources to the Relief Association Retirement
Fund? Based upon the information available the answer would be no; there are no additional
dollars required to be contributed by the City to the Association for an increase in the lump sum
benefit to $7,000 per year of service in 2005. However, while there will be no apparent financial
impact to the City increasing from $6,000 in 2004 to approximately $7,000 in 2005 based on the
current actuarial valuation, changes in the economy could significantly impact the projected
actuarial valuations. The situation continues to be complex and requires more than a simple
yes or no answer. Some areas where we believe there could be issues are as follows:
Investments
The market while stable today could fluctuate significantly at any point in time as was seen in
past years. As mentioned above, the Association still holds the majority of their investments in
instruments that are subject to market fluctuations. The net value of the Associations assets
could decline and be substantially less then the original purchase price. This could cause a
need for additional contributions from the City to keep the Retirement Fund at a fully- funded
status.
We had recommended in past reviews, and concur with that recommendation today, that the
City could protect itself and minimize its risk by requiring the Association to establish a reserve
fund that would equal ten to twenty percent of the funds held in instruments subject to market
fluctuations. This fund could be used to make -up any shortfall or portion thereof caused by
market fluctuations and downturns that would have caused an increase in the City's contribution
to meet the actuarial value of the fund. Monies held in money market accounts could be a part
of the total reserve.
Based on the investments held at December 31, 2004, a resery a of ten percent would have
been approximately $338,160. As stated before, there was $327,717 held in money market
accounts and certificates of deposit that could be applied to this amount leaving an unfunded
reserve amount of approximately $10,443. This reserve amount would be adjusted in direct
relationship to the dollars invested in investments that are subject to market fluctuations.
State Aid
The State Aid is projected to increase at a level of 2% each year in the actuarial valuation. The
current "flux" with the State's financial position could have a negative impact on the amount
passed through to relief associations. Funding for fire state aid comes from taxes paid to the
state for certain insurance policies. The distribution is based in part on the population and
market value of the area served and in part on the number of "active" firefighters who are
members of the relief association. This area should be monitored to ensure the actuarial
valuations are not too aggressive in this area.
City of Brooklyn Center, Minnesota
September 2, 2005
Page 3
Actuarial Valuation
The actuarial valuation currently includes two alternatives updated as of June 6, 2005. The first
includes an increase in the lump sum benefit to $7,000 per year of service for 2005 and to
$7,500 per year of service for 2006. The second alternative includes an increase in the lump
sum benefit to $7,500 per year of service for 2005. Both alternatives indicate that based on
current conditions, no additional contribution by the City would be required to fund the requests.
These responses are based on a review utilizing the Associations 2004 and 2003 Audit Reports
and the Van Inwaarden January 1, 2005 actuarial valuation dated June 6, 2005.
We trust these responses address the policy issues raised on behalf o the City. Again,
Springsted is not offering an opinion as to the actuarial status of the fund; rather, this is a
review of potential risk and a way for the City to manage it.
Sincerely,
Springsted Incorporated
BROOKLYN CENTER FIRE DEPARTMENT
WITH
s RELIEF ASSOCIATION
R R
6250 Brooklyn Boulevard, Brooklyn Center, Minnesota 55429.763- 569 -3360
G
Since 1949' Serving your community since 1949
TO: Michael McCauley City Manager
FROM: Kent A. Korman President Relief Assoc. 1
SUBJECT: Increase to Fire Pension
DATE: July 1, 2005
In 2004 upon your recommendation the Council approved an increase of $1,000 per year of service to
the Brooklyn Center Fire Department Relief Association pension plan. This increase brought the plan
benefit to $6,000 per year of service which is below the state pension cap of $7,500 per year of
service.
At the time of the increase it was agreed that we would revisit this in order to increase the benefit in
2005 and 2006. The Brooklyn Center Fire Department Relief Association has an excellent investment
strategy: it should be possible to increase the benefit up to the state cap of $7,500 per year of service
ithout the City of Brooklyn Center having to make any additional contribution toward the pension
plan.
I respectfully request the City of Brooklyn Center to increase the pension benefit an additional $1,000
per year of service bringing the benefit up to $7,000 per year of service in 2005. It is the hopes of
members of the Relief Association that we revisit this again in 2006 with the intention of bringing us
up to the cap of $7,500 per year of service.
Following recommendations of Springsted Corporation the Relief Association has invested over 10%
of its assets in cash funds that are safe and insured. They made the recommendations during their
review of the Relief Association plan prior to the 2004 increase. We presently have over $400,000 in
equity securities exceeding Springsted's recommendations.
I am enclosing a current actuarial report from VanIwaarden Associates completed on June 1, 2005.
The actuarial indicates the amount of monies needed for the increase to $7,000 per year of service in
2005 and increasing to $7,500 in 2006.
I would like to point out our members receive no pay for fire or emergency calls saving over $135,000
per year for the City of Brooklyn Center. The pension is one of the biggest selling points we have in
attracting and retraining members of the department. Due to the ten (10) year vesting requirement
the increase(s) will help to enhance our ability to retain members for 10 years or more.
Please contact me at your convenience to schedule a meeting in order to discuss this matter further
0 t 612 366 -6280.
Retirement planning for corporations
June 6, 2005
Mr. Ron Boman
Brooklyn Center Fire Dept.
6645 Humboldt Avenue North
Brooklyn Center, MN 55430
Re: Relief Association 2005 Benefit Study
Dear Ron:
Here is our estimate of the cost of increasing benefit levels for the Brooklyn Center Fire
Department Relief Association. The enclosed exhibit shows the effect on the municipal
contribution of increasing the lump sum benefit to $7,000 in 2005 and $7,500 in 2006, or
alternatively to $7,500 in 2005.
Please call with any questions regarding the exhibit or if you would like any additional
information.
Sincerely,
Paul D. Krueger, JD, EA
Consulting Actuary
VAN IWAARDEN ASSOCIATES 840 LUMBER EXCHANGE BUILDING TEN SOUTH FIFTH STREET MINNEAPOLIS MN 5 5402 -1 01 0
612.596.5960 f.• 612.596.5999 WWW.VANIWAARDEN.COM
BROOKLYN CENTER FIRE DEP TMENT RELIEF ASSOCIATION
Projected Cost of Alternative Benefit Increases
Current Plan Alternative 1 Alternative 2
Lump sum amount: $6,000 $7,000 $7,500 $7,500
First effective January 1: 2004 2005 2006 2005
Liabilities below estimated as of January 1: 2005 2005 2006 2005
A. Proiected actuarid accr liabili ty
1. Active members $2,070,230 $2,415,268 $2,821,000 $2,587,788
2. Vested terminated members 190,549 190,549 200,000 190,549
3. Retired members 406,845 406,845 386,000 406,845
4. Spouses receiving benefits 318,599 318,599 294,000 318,599
5. Children receiving benefits 0 0 0 0
6. Disabled members receiving benefits 0 0 0 0
7. Total actuarial accrued liability $2,986,223 $3,331,261 $3,701,000 $3,503,781
B. NWected s pecial fund 3,381,603 3,381,603 3,633,000 3,381,603
(assumes a 5% rate of return)
C. Unfunded accrued a ccrued liability (395,380) (50,342) 68,000 122,178
D. Credit or surer (39,538) (5,034) 0 0
E. Am payment N/A 0 5,197 9,337
F. Normal cost 79,135 92,324 99,000 98,919
G. An nual contributionPtrgyable• 2006 2006 2007 2006
1. Preliminary contribution (D. E. F.) 39,597 87,290 104,197 108,256
2. Administrative expense 19.562 19.562 20.000 19.562
3. Annual contribution (1.+ 2.) 59,159 106,852 124,197 127,817
4. Estimated State Aid (158,991) (162,171) (165,414) (162,171)
5. Estimated municipal contribution $0 $0 $0 $0
NOTE,'?.-
The values shown for 2005 are from the January 1, 2005 actuarial valuation report. The remaining values are based on
the following assumptions:
investment return: 5.00%
annual State Aid increase: 2.00%
number of active firefighters after 2005: 37
PRJAAF05. WK4 06/06/2005 V AN IWAARDEN
BROOKLYN
CENTER FIRE DEPARTMENT RELIEF ASSOCIATION
Projected Cost of Alternative Benefit Increases
Current Plan Alternative 1 ,Alternative 2
Lump sum amount: $6,000 $7,000 $7,500 $7,500
First effective January 1: 2004 2005 2006 2005
Liabilities below estimated as of January 1: 2005 2005 2006 2005_
A• Proj ected act uarial accrued liability
1. Active members $2,070,230 $2,415,268 $2,821,000 $2,587,788
2. Vested terminated members 190,549 190,549 200,000 190,549
3. Retired members 406,845 406,845 386,000 406,845
4. Spouses receiving benefits 318,599 318,599 294,000 318,599
5. Children receiving benefits 0 0 0 0
6. Disabled members receiving benefits 0 0 0 0
7. Total actuarial accrued liability $2,986,223 $3,331,261 $3,701,000 $3,503,781
B. Pro s pecial fund 3,381,603 3,381,603 3,633,000 3,381,603
(assumes a S% rate of return)
C. Un u d d accr ac crued 'a i i (395,380) (50,342) 68,000 122,178
D. C redit for srrrplrrs (39,538) (5,034) 0 0
E. Am ortization Payment N/A 0 5,197 9,337
i
F. N ormal cost 79,135 92,324 99,000 98,919
G. Annual contribution payable• 2006 2006 2007 2006
1. Preliminary contribution (D. E. F.) 39,597 87,290 104,197 108,256
2. Administrative expense 19.562 19.562 20.000 19.562
3. Annual contribution (1.+ 2.) 59,159 106,852 124,197 127,817
4. Estimated State Aid (158,991) (162,171) (165,414) (162,171)
5. Estimated municipal contribution $0 $0 $0 $0
NnT&Y
The values shown for 2005 are from the January 1, 2005 actuarial valuation report. The remaining values are based on
the following assumptions:
investment return: 5.00%
annual State Aid increase: 2.00%
number of active firefighters after 2005: 37
PRJAAF05. WK4 06/06/2005 VAN IWAARDEN
BROOKLYN CENTER FIRE
DEPARTMENT
RELIEF ASSOCIATION
Serving with Pride Since 1949
BCFD Requirements
It takes over 200 hours of training for a recruit
firefighter to become state certified in firefighter j
1.
A members of the department train three Monday
nights a month and attend one business meeting
every month.
In addition, a member must respond to 33% of a
emergency runs in order to remain a member of
the fire department.
0 0
BCFD Stats
Our response time from the time we are
dispatched on a ca to the time we arrive is
under 6 minutes.
We average 14 -20 firefighters responding on
emergency runs.
For the past three years we are averaging
between 950 to 1000 emergency runs per year,
or a most three ca s per day.
Pension History
Our fire department has not requested run
pay from the city for responding to fire and
emergency ca s. his is because historica y
when the State has raised the fire pension
cei ing,, the City has a owed us to increase
our ump sum benefit to the maximum
a owed by State statutes.
The members have referred to this as
deferred compensation and inform the new
members that is why we do not receive run
pay ike other fire departments do in the
metro area.
0 0 0
Comparable Fire Departments
city
City Population State 2% Contribution Run Pay
Alexandria 8 1 820 $93,000 $104,000 0
Brainerd 13,178 $122,920 $95 000 $104 000
Golden Valley 20,281 $126,456 $79,980 $139,755
Hopkins 17,145 $65,013 $29,870 $79,900
Lake Johanna 39,459 $230,000 $67,750 $150,000
Northfield 17,147 $70,000 $70,000 $120,000
Plymouth 65,894 $388,906 0 $229,831
Robbinsdale 14 $64,000 $120,000 $84,000
White Bear 24,325 $187,173 $19,043 $90,000
Brooklyn Center 29,785 $158,991 0 0
Brooklyn Park 68,000 $324 <Included $173
Fridley 28 $136 0 $117
West Metro 43 $189,173 $10, 067 $1321542
BCFD Relief Association
Pension Contributions
City Run Pay if BCFD
Year State 2% Contribution Received it
1998 $87,036 $20,179 $120,000
1999 $89,484 $27,086 $123,600
2000 $90,148 $28,020 $127,308
2001 $90,148 $28,360 $131,127
2002 $102,269 $16,239 $135,061
2003 $124,123 0 $139,112
2004 $158,991 0 $143, 285
Totals $744,206 $119,884 $919,493
i
Increased FF Pension Has
Benefits to City
An increase in our pension wi he p us retain
our vo unteer firefighters. Over the past 10
years we have ost 58% of a firefighters,
thus retaining on y 42% unti they become
vested at 10 years of service. Most
members that eft did so after 5 to 7 years of
service.
Increasing our fire pension wi give more
incentive to stay unti being vested at 10
years.
Summary
he members of the Brook yn Center Fire
department are requesting that you
support and endorse the requested
increase in our pension. Our actuaria
has determined this to be a doab e
program with very itt e iabi ity to' the
City. t shou d be noted this proposed
increase is sti not at the maximum
a owed by the State which is $7,500.
City Council Agenda Item No. 8d
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: September 21, 2005
TO: Michael J. McCauley, City Manager
FROM: Jim Glasoe, Director of Community Activities, Recreation and Services
SUBJECT: Park and Recreation Commission Recommendation- Ordinance Revisions
At their meeting last evening, the Park and Recreation Commission completed their review of the
City's Parks Ordinance. This intensive review included review of the City's current ordinance
and the review of ordinances from other cities.
After due consideration, the Commission unanimously approved a motion recommending the
following changes to the Ordinance:
Changing the definition of Parks and Open Space to:
Parks, Open Space, Trails and Waterways.
Changing the definition of Motorized Vehicle to include motorized foot scooters.
Changing the designated park hours to; Parks are closed... between the hours of 10:00 p.m.
and 5:00 a.m.
Changing references to the Director of Recreation to City Manager or City Manager's
Designee.
Changing references to Recreation Department to Community Activities, Recreation and
Services Department.
Attached is an Ordinance Amendment that makes the recommended changes. Please let me
know if you have any questions this recommendation, or if you would like additional
information.
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 OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 24th day of October, 2005, at 7
p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
Parkway, to consider an ordinance amending Chapter 13 of the City Code of Ordinances relating
to parks and recreation.
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 13 OF THE CITY CODE OF
ORDINANCES RELATING TO PARKS AND RECREATION
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. 13 -101, DEFINITIONS, is amended in the following manner:
Parks en& Open Space, Trails, and Waterways Any area wher-e- located in the Citv
which is reserved, designated, or used for active or passive recreation, and which is
owned, operated, or controlled by the City, or which is located within the City but owned,
operated, or controlled by another governmental unit.
Motorized Vehicle Any vehicle having a self contained unit for propelling the vehicle
by means of converting stored energy. Motorized vehicles include but shall not be
limited to automobiles, trucks, motor bikes, mini bikes, snowmobiles, motorized foot
scooters, and battery powered carts.
Section 2. Section 13 -102 is amended in the following manner:
Section 13 -102. CURFEW AUTHORIZED. No person, unless engaged in official City
business, shall enter upon or use any park and recreation facilities of the City of Brooklyn
Center, including all park and open space property, improved or not, and all equipment and
facilities thereon, between the hours of 10 p.m. and 65 a.m. of ene h h b f r
..,hi is eaffier, when such parks and open space or facilities are posted by sign noting the
curfew hours; provided, however, that such posting shall be by order of the City Council. The
fact that any person not engaged in official City business as authorized or delegated by the City
Manager is present in a posted park and open space during said curfew hours shall be prima facie
evidence that said person is there unlawfully.
ORDINANCE NO.
I
Section 3. Section 13 -103 is amended in the following manner:
Section 13 -103. ALCOHOLIC BEVERAGES PROHIBITED. No person shall bring
into any park nor possess, display, consume or use intoxicating liquors nor 3.2 percent malt
liquors in any park unless a permit has been issued by the City Manaizer or City Manager's
Designee Dir -ee*er of D ea4ie n Such permits shall be limited to duly organized local
organizations operating under a constitution and bylaws and which shall have been in existence
for at least one year.
Section 4. Section 13 -107 is amended in the following manner:
Section 13 -107. SELLING PROHIBITED. No person shall sell any article whatever in
any City park or open space unless specifically authorized by the City Manager or City
Manager's Desienee nir°e*er o fR t i e
Section 5. Section 13 -109 is amended in the following manner:
Section 13 -109. FIREWORKS PROHIBITED. No person shall discharge any fireworks
within the City parks and open spaces without the written permission of the City Manager or
City Manager's Designee
Section 6. Section 13 -110 is amended in the following manner:
Section 13 -110. CAMPING PROHIBITED. No person shall camp nor set up tents,
shacks, trailers or any other temporary shelter for the purpose of camping in any City park or
open space without the written permission of the City Manaizer or City Manacer's Designee
Section 7. Section 13 -111 is amended in the following manner:
Section 13 -111. UNAUTHORIZED GOLFING PROHIBITED. No person shall play or
practice golf nor use golf equipment of any kind in a City park or open space except under the
direct supervision of an employee of the Community Activities Recreation and Services
P v
Department depaAmei# of p. Fks dr-ec-ea4ien or as a scheduled part of the City's park and
recreation program.
ORDINANCE NO.
Section 8. This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this day of 2005.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, underline indicates new matter.)
City Council Agenda Item No. 8e
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING AMENDMENT #1 TO
PERSONAL /PROFESSIONAL SERVICE AGREEMENT BETWEEN THE
COUNTY OF HENNEPIN AND THE CITY OF BROOKLYN CENTER
WHEREAS, on June 27, 2005, the City Council adopted Resolution No. 2005 -101
authorizing a personal /professional service agreement between the County of Hennepin and the City
of Brooklyn Center for participation in a police cadet program; and
WHEREAS, the City Council of the City of Brooklyn Center wishes to amend the
agreement to extend the police cadet program until December 31, 2007.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the Mayor and City Manager be and hereby are authorized to execute
Amendment #1 of the Personal/Professional Service Agreement set forth in Exhibit A on behalf of
the City of Brooklyn Center extending the police cadet program until December 31, 2007, and
execute subsequent technical amendments to this agreement.
September 26, 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.
RESOLUTION NO. EXHIBIT A
#A051115
AMENDMENT #1 TO PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, STATE OF
MINNESOTA, hereinafter referred to as the "County," through the Hennepin County Human Services and Public
Health Department, A -2300 Government Center, Minneapolis, Minnesota 55487, hereinafter referred to as the
"DEPARTMENT," and City of Brooklyn Center, on behalf of the Brooklyn Center Police Department, 6301 Single
Creek Parkway, Brooklyn Center, Minnesota 55430, hereinafter referred to as the "PROVIDER."
IT IS HEREBY AGREED that the certain agreement between the above -named parties covering purchase of
services to recruit, assess and provide training for one police cadet position at the City of Brooklyn Center Police
Department for the period of August 15, 2005 through December 31, 2005, as made and entered into on August
9, 2005, including any subsequent amendments or ministerial adjustments, is hereby amended in accordance
with the provisions set forth below:
Clause 1. shall be deleted and the following substituted:
1. TERM AND COST OF THE AGREEMENT
A. The PROVIDER agrees to furnish services to the County during the period commencing August 15,
2005 and terminating December 31, 2007, unless terminated sooner pursuant to Section 11 herein.
B. The cost of this Agreement shall not exceed Fourteen Thousand Thirteen Dollars ($14,013.00) from
8/15/05 to 12/31/05; Thirty Thousand Dollars ($30,000.00) from 01/01/06 to 12/31/06; and an amount
yet To Be Determined from 01/01/07 to 12/31/07.
In the contract Attachment, summary page X -1 shall be added.
This Amendment is effective December 31, 2005.
Except as hereinabove amended, the terms, conditions, and provisions of said contract shall remain in full force
and effect.
(The rest of this page is intentionally left blank.)
-1-
RESOLUTION NO. EXHIBIT A
City of Brooklyn Center on behalf of
Brooklyn Center Police Department
Contract Period: August 15, 2005 through December 31, 2007
Amendment #1 Summary Page
Contract Amendment #1 incorporates the following changes to the contract:
(Clause 1) Extends the end date of this Agreement two years from December 31, 2005 to
December 31, 2007.
(Clause 1) Establishes a NTE amount of $30,000.00 for 2006.
X -'I
RESOLUTION NO. EXHIBIT A
COUNTY BOARD APPROVAL
City of having signed this Agreement, and the Hennepin
County Board of Commissioners having duly approved this Agreement on the day
of I and pursuant to such approval, the proper County officials
having signed this Agreement, the parties hereto agree to be bound by the provisions
herein set forth.
COUNTY OF HENNEPIN
Reviewed by the County STATE OF MINNESOTA
Attorney's Office
By:
Chair of Its County Board
Date:
ATTEST:
Deputy /Clerk of County Board
And:
Assistant/Deputy /County Administrator
CITY OF
By:
Its:
And:
Its:
City organized under:
Statutory Option A Option B Charter
RESOLUTION NO. EXHIBIT A
EXH B !S
RESOLUTION NO. EXHIBIT A
EXHIBIT A: SCOPE OF SERVICES
Background:
The Joint Community /Police Partnership is a joint effort of Hennepin County, the Cities
of Brooklyn Park and Brooklyn Center and numerous community groups to address a
variety of cultural and law enforcement issues which have emerged in these two
northwestern suburban areas. Under the initiative of a Hennepin County Commissioner
and the police chiefs of both aforementioned cities, a proposal was developed and
approved by the Hennepin County Board of Commissioners to address two strategic
issues.
The project intends to:
1) to provide information, assistance and coordination to address both the diverse
needs of these cities' numerous cultures and communities and,
2) to ensure the safety and well -being of all residents within their jurisdictions.
Under the direction of a Project Management Team that is comprised of selected
managers from both Brooklyn Park and Brooklyn Center Police Departments, Hennepin
County Human Services /Public Health Department, and Northwest Hennepin Human
Services Council) and with input and guidance from a general, Multicultural Advisory
Committee of residents selected from within the communities, (to be established in July
'05), this project will implement four major activities of which the Cadet Training
component is one.
Primary Program Contract Goal: Recruit, Sustain, Hire One Cadet
The primary goal of this agreement is for the contractor to recruit, support and sustain an
individual who is sensitive to the attendant issues facing theses communities and who,
after passing certain requirements, may be enrolled as a police cadet. Following
successful cadet training, the Brooklyn Park Police Department will have the option to
hire said cadet as regular, full -time police officer.
Activities:
Eleven basic activities will be conducted to achieve the project goal, including:
1) Cadet Trainee Position Announcement Made Public,
2) Applicants shall have been introduced to the Department, Career and Selection
Process,
3) Candidates will have completed a written Police Test and Cadet Form,
4) Cadet Interview Process will be completed,
5) A Police Panel Interview will be concluded,
6) Background Investigation will have been conducted
7) Chief's Interview will have taken place,
8) Medical Exam will have been taken and passed,
9) Psychological Exam will have been taken and passed,
10) Drug Test will have been taken and passed,
11) Cadet Contract Signed.
Reporting:
Contractor will attend monthly meetings of Project Management Team and provide
written and oral progress of the cadet training reports to the Contract Program Manager
A -1
RESOLUTION NO. EXHIBIT A
EXHIBIT A: SCOPE OF SERVICES
(i.e., Dr. Bruce M. Nauth). Copies of written reports will also be forwarded to the
Hennepin County Contracting Administration Representative (i.e., Ms. Nan Wheeler).
Outcomes:
The following outcomes are expected as a result of the project:
1) Provider will have recruited and enrolled one cadet trainee.
2) Provider will provide monthly written and verbal progress reports of cadet's
recruiting /hiring /training progress.
3) Provider will have completed 50% of the preceding 11 activities for 1
candidate within the first five months of the project.
4) Provider shall provide cadets with salary and fringe costs (as evidenced by
signed time cards), new employee technology package, entry level screening
tests, uniforms and equipment and education /college scholarships costs in
conformance with the budget, attached hereto as "Exhibit B, The Budget
RESOLUTION NO, EXHIBIT A
Joint Community /Police Project EXHIBIT B
Brooklyn Center Police
PAGE 1 ON
Cadet Training Component
BUDGET
ense Cstegory 2006 N i k f
SALARY
Hourly
Salary
6.39/h
r
Y ry 20 hours /week) $17,046.
PERA Coordinated Retirement 5.18% $883
FICA City Contribution T.65% $1
Overtime I 0
Total Salary. Costs $19,233
SUPPORTIVE COSTS
New Employee Technology Package (LAN, Email, $200
Voicemail —one time cost)
Entry Level Screening Tests (Medical Exam, Psychological $800
Exam —one time cost)
Uniforms Equipment (initial issue is $3,000, with $300
year budgeted every year thereafter for replacement,
cleaning, repair)
Total Supportive Costs $4;000
i ��'r��,+�2as�y;�t�k�rif'. ra. ���6����t.� s�Yi.&,z -1� r+�xi.. .�.fi1s:��a'�1 i �aE .•f
i '39244
s
4t?;i! .Ir 1 !V y�ia +a S P Y r .'Y'Uc Y ?sue st7 u a ;.-[r�aP. Psl•.'+�`ti d 1 Ip
*a xSay�x;ra
P>F 'Y `@r L•P [4 K.d� 7 rf 'r f f -i t
Books antl sup l C�xpect gher costs rrt 2nd year 8�3
Mll i, x V Y d p v s tb s efr 5 d,.
s5 d-
Total Education/Tca1n1n Costs z
C r' a 11 P 'L'�, 'y �,,.,.s �`+k$�`� '?S
y
„�.�t ski.'
x� Grand Tofal $30 000:
Tit
��a�,;.a�. �wm .l•',:�. .s}��`w'x �.Pk r ��'•a �?�t�.��'.t�'�:,�'r
Hennepin C
An Equal Opportunity Employer
12 September 2005
Chief Scott Bechthold.
City of Brooklyn Center Police Department
6645 Humboldt Avenue North
Brooklyn Center, MN 55430
Re: Hennepin County 2006 -07 Contract
Dear Chief Bechthold:
Dr. Bruce Nauth asked me to create an amendment to extend your police cadet contract
with Hennepin County. Enclosed please find three copies of the amendment to your
contract #A051115.
The summary page (X -1) explains what modifications have been made to your original
contract. If this amendment meets with your approval, please have the Mayor and City
Manager both sign two of the documents (the third is for your records), and return them
to me at the earliest convenience. I will route those two copies for signatures at our
end, including board approval, and then forward one back to you for your file.
Please call or email me with any questions about this document.
Fbst regards,
Nan Wheeler
Contract Analyst
Human Services Public Health Department
Contract Administration Recycled Paper
Hennepin County Government Center, A -106
300 South Sixth Street
Minneapolis, Minnesota 55487 -0106
Fax Number: 612 348 -4592
City Council Agenda Item No. 8f
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, an onnor
FROM: Michael J. McCauley, City Manager C
DATE: September 21, 2005
SUBJECT: Ordinance Relating o Rental Dwellings and Non-Conforming Uses
g g g
Attached is a copy of an opinion dated September 16, 2005, by Charlie LeFevere. In that opinion,
Mr. LeFevere recommends elimination from the March ordinance proposal of the proposed Section 7
regarding losing non conforming status without registration. Enclosed also are the minutes and
materials from the several meetings at which the ordinance changes have been discussed. The
proposed ordinance for introduction has removed the previously proposed certification process for
duplexes that do not have a rental dwelling license. Based on Mr. LeFevere's opinion, there would
not be a particular point in certification. As has been previously discussed, the issue with respect to
non conforming uses is governed by Zoning Law and issues relating to rental licenses applied to
properties that are rented. Thus, whether a property is rented does not necessarily impact the ability
to maintain a non conforming use under Zoning Law. Similarly, rental licensing applies without
respect to zoning to those housing units that are rented.
The proposed ordinance does retain the proposed amendment to Section 12 -902 specifying that
application fees are refunded after deducting costs or expenses that have been incurred with respect
to the application. It also includes the proposed change to Section 35 -111 (5) to specify the
applicable period of time within which a building permit must be applied for in the event of
destruction of 50 percent or more of a non conforming use. With the elimination of the previously
proposed language relating to certification and non conforming duplex properties in R -1 Districts
which have been removed, we would recommend introduction of the proposed ordinance relating to
the refunding of application fees and the time period within which to apply for a building permit in
the event 50 percent or more of a non conforming structure has been destroyed.
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 OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held n he 24 day of October, 2005 at 7:0
y g p g o f y 0 p.m. at
City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to rental housing and to non-
conforming uses.
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 RELATING TO RENTAL DWELLINGS AND NON-
CONFORMING USES; AMENDING CITY CODE SECTIONS 12 -901, 12 -902, AND
35 -111
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Section 12 -902 of the Brooklyn Center City Code of Ordinances is amended as
follows:
Section 12 -902. LICENSE FEES. License fees, as set forth by city council resolution, shall be
due 90 days prior to the license expiration date; in the cases of new unlicensed dwellings, license fees
shall be due upon issuance of the certificate of occupancy.
A delinquency penalty of 5% of the license fee for each day of operation without a valid license
shall be charged operators of rental dwellings. Once issued, a license is nontransferable and the licensee
shall not be entitled to a refund of any license fee upon revocation or suspension, however, the licensee
shall be entitled to a license fee refund, prorated monthly, upon proof of transfer of legal control or
ownership. If an applicant withdraws an application prior to issuance of a license. the fee shall be
refunded after deductine the costs of inspection and anv other costs and expenses incurred by the Citv in
connection with receivine and mocessine the application.
A fee, as set by city council resolution, shall be charged for all reinspections necessary after the
first reinspection. The reinspection fee(s) will be payable at the time of license renewal for the property,
in the case of rental housing and at the time of recertification of occupancy for nonresidential properties.
Section 2. Section 35 -111 of the Brooklyn Center City Code of Ordinances is amended as
follows:
Section 35 -111. NONCONFORMING USES. Unless specifically provided otherwise herein, the
lawful use of any land or building existing at the time of adoption of this ordinance may be continued
even if such use does not conform to the regulations of this ordinance, provided:
1. No such nonconforming use of land shall be enlarged or increased or occupy a greater
area of land than that occupied by such use at the time of the adoption of this ordinance.
2. Such nonconforming use shall not be moved to any other part of the parcel of land upon
which the same was conducted at the time of the adoption of this ordinance.
ORDINANCE NO.
3. A nonconforming use of a building existing at the time of adoption of this ordinance may
be extended throughout the building provided no structural alterations except those
required by ordinance, law, or other regulation are made therein, and provided that no
such extension in the floodway overlay zone shall result in increased flood damage
potential.
Excepted from the structural alteration limitation are single family dwellings, located in
residential districts other than R1 and R2, provided any structural alterations or additions
shall conform with the requirements of the RI and R2 district, and the Flood Plain
regulations as applicable.
4. If a nonconforming use occupies a building and ceases for a continuous period of two
years, any subsequent use of said building shall be in conformity to the use regulation
specified by this ordinance for the district in which such building is located.
5. Any nonconforming use shall not be continued following 50 destruction of the building
in which it was conducted by flood, fire, wind, earthquake, or explosion, according to the
estimate of the Building Inspector, approved by the City Council, unless annlication for a
building permit is made within 180 days of when the Droaerty is damaged. If a building
permit is aDolied for. the Citv may impose reasonable conditions upon the building
permit in order to mitigate anv newly created impact on adiacent Dronerty.
6. Upon the effective date of this ordinance where there is a nonconforming use of land on
P g
a parcel with no structure or where three is a nonconforming use of land (such as storage
of equipment and supplies), on which there is a conforming structure such use shall be
terminated within two years following the effective date of this ordinance.
Section 3. 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:
(Underlining indicates new matter; str-iWig dffeug-h indicates deleted material.)
CHARLES L. LEFEVERE
Attorney at Law
Direct Dial (612) 337 -9215
email: clefevere @kennedy- graven.com
September 16, 2005
Mr. Mike McCauley
City Manager
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430 -2199
RE: Regulation of Duplex Uses
Dear Mike:
There are structures in R -1 zones used as two family structures (or duplexes) that are non-
conforming because they were legal at the time they were established but do not conform to
current zoning code standards. You have asked for a general description of the laws relating to
this non conforming status, how it is maintained by a landowner and how non conforming status
may be lost.
The City currently has under consideration changes to its rental dwelling licensing ordinance.
You have also asked for a description of the relationship between such licensing and the non-
conforming status of duplex uses.
Under City Code Section 35 -310, the uses permitted in an R -1 zone include "one family
dwellings." Under Section 35 -311, uses permitted in the R -2 zone include "one and two family
dwellings."
The definition section of the Code, Section 35 -900, contains the following relevant definitions:
Dwelling? A building, or portion thereof, designed or used predominantly
for residential occupancy of a continued nature, including one family dwellings,
two family dwellings, and multiple family dwellings, including earth- sheltered
homes and manufactured homes; but not including hotels, motels, commercial
boarding or rooming houses, tourist homes and recreational vehicles, such as
travel trailers, camping trailers, pick -up campers, motor coaches, motor homes
and buses.
CLL- 267975vl
BR291-4
Mike McCauley Ltr
Septmber 16, 2005
Page 2
Dwelling. One Family A residential building containing one dwelling
unit.
Dwelling. Two Familv (duplex) A residential building containing two
dwelling units.
Dwelling Unit A single residential accommodation which is arranged,
designed, used, or intended for use exclusively as living quarters for one family;
must include complete permanently installed kitchen facilities. Where a private
garage is structurally attached, it shall be considered as part of the building in
which the dwelling unit is located.
Family Any of the following definitions shall apply:
1. A person or persons related by blood, marriage or adoption,
together with his or their domestic servants or gratuitous guests,
maintaining a common household in a dwelling unit.
2. Group or foster care of not more than six wards or clients by an
authorized person or persons, related by blood, marriage, or
adoption, together with his or their domestic servants or gratuitous
guests, all maintaining a common household in a dwelling unit
approved and certified by the appropriate public agency.
3. A group of not more than five persons not related by blood,
marriage, or adoption maintaining a common household in a
dwelling unit.
In most cases, a use is either clearly a single family residential use or clearly a duplex use. That
is, where a single family lives in a single unit with one kitchen, having meals together, having a
common household budget, and the like, it is clearly a single family residential use.
If there are two units in the building, separated by walls without doors, with separate entrances,
each with its own kitchen, with the inhabitants of each unit living as separate households with
separate budgets, not having a common kitchen, and the like, it is clearly a duplex use.
Although most cases fall clearly into one of these categories, there are occasionally cases that are
in the gray area between the two. For example, a second kitchen or kitchenette may be added to
what is otherwise clearly a single family residential structure so that a live -in mother -in -law can
have an occasional meal on her own schedule, connecting doorways can be added between
duplex units, second units in a duplex can be occupied by adult children who continue to share
CLL- 267975v 1
BR291 -4
Mike McCauley Ltr
Septmber 16, 2005
Page 3
meals at a common kitchen in the first unit, and the like. There is essentially an unlimited
number of combinations of family and non family relationships, financial arrangements between
occupants of a single structure, structures they occupy, appliances in a structure, how the
structure is used for the preparation of meals, etc.
I know of no definition of single family residential use or two family residential use that will
clearly put all cases into one category or the other. To decide whether a use is a single family
residential use or a two family use, one would have to look at all of the circumstances including
the structure and how it is used, the financial arrangements between the parties, and the legal and
personal relationships between the parties. Fortunately, cases in the gray area, between uses that
are clearly one family uses and uses that are clearly two family uses, come up infrequently, at
least in my experience.
Ordinarily, a single family residential use in a duplex zone is not a problem because single family
residential uses are ordinarily also permitted in R -2 zones. Likewise, it is rare for a property
owner to attempt to establish a true duplex use in a single family residential zone in a single
family home since single- family homes do not lend themselves to two truly separate household
operations.
In the case of a non- conforming duplex use in a zone that does not permit such uses (such as an
R -1 zone), most owners of a duplex would either choose to maintain duplex status or convert to a
single family residential use, depending on which of these two options was the most
economically advantageous.
Under City Code, a two family dwelling is a residential building containing two dwelling units.
A dwelling unit is "a single residential accommodation which is arranged, designed, used or
intended for use exclusively as living quarters for one family." Therefore, a structure can qualify
as a duplex if it is either built as a duplex (that is, it is arranged, designed and intended for use
exclusively as living quarters for two families) or used as a duplex (that is, "used" exclusively as
living quarters for two families). In either case, there must be a complete, permanently installed
kitchen facility in each unit.
In other words, a building or use can be defined as a duplex, and therefore qualify for non-
conforming use status if it was lawfully established prior to rezoning of the property, in one of
two ways. The first would be a classic duplex building, with separate entries, basements,
garages, and kitchens, with no passage between the two units, etc. This would be a duplex that
was "arranged, designed,... or intended for use exclusively as living quarters" for two families.
The second way to qualify as a duplex would be for a building that was not necessarily designed,
intended, or arranged for use exclusively by two families, but nevertheless had a separate kitchen
facility and was used with two parts of the structure being used exclusively as living quarters for
a one family unit.
CLL- 267975v 1
BR291-4
Mike McCauley Ltr
Septmber 16, 2005
Page 4
Therefore, if a building does not have two kitchens, it cannot be used as a two family dwelling.
Even if the building has two kitchens, it will be allowed to be used for a two family dwelling in
an R -1 zone only if it has maintained, and continues to maintain, its non conforming status.
Non conformities can be either non conforming structures (such as a structure with a non-
complying side yard setback) or non conforming uses (such as a real estate office in an R -I zone)
or both.
Under the Brooklyn Center City Code, if the building is built as a true duplex, the non-
conforming use status would remain as long as the structure continued to meet that part of the
definition that provides that there are two "single residential accommodation[s] which [are]
arranged, designed or intended for use exclusively as living quarters for one family; [each of
which] must include complete permanently installed kitchen facilities."
If the owner of such a structure voluntarily converted it to a single family dwelling (for example,
by removing the second kitchen and adding doorways for interior circulation), it would then lose
its non conforming status and would have to comply with code provisions thereafter. If such a
classic duplex -type building were destroyed by flood or fire, or other such casualty, the owner
would have the right to rebuild it as a duplex subject to certain limitations.
In other cases, a building may not have been built as a classic duplex that was "designed" with
two units, each exclusively for the use of a single family, but may still qualify as a grandfathered
duplex dwelling because it has two kitchens and was "used" as two separate dwelling units, each
exclusively as living quarters for one family. This might be something like a mother -in -law
apartment attached to a single family residential home if each had a kitchen and the main home
and the "apartment" are each used exclusively as living quarters for a family.
In such a case, if the structure is used as a duplex, but is not arranged, designed or intended for
use exclusively as a duplex, a non conforming status would depend on the continuing use of the
structure as a two family dwelling, Under the current code, if the use were discontinued for a
two -year period, the grandfathered status would be lost and any further use would have to comply
with current code provisions.
The licensing of rental units is a separate, but related question. Units are required under the
current code to be licensed if they are let for rent. A single family home can be owner occupied,
as can one or both units of a duplex. Likewise, a single family home can be rented as can one or
both units of a duplex. In the case of a classic duplex, that is clearly designed as a two -unit
building, it will be fairly easy to maintain non conforming status. However, in the gray areas,
such as mother -in -law apartments, or other structures or arrangements that are not clearly two-
family situations, the licensing of a unit may help to establish that it continues to be a bona fide,
two family dwelling and maintain its grandfathered status.
CLL- 267975v1
BR291-4
Mike McCauley Ltr
Se P tmber 16 2005
Page 5
If there is no rent or other consideration changing hands, the Code does not require that the units
be licensed. However, if there is any question about whether the use continues to qualify for
non conforming use status (the mother -in -law apartment or other gray areas referred to above)
the proposed Code amendment provides for the filing of a certificate that would not only show
that no rental dwelling license was required, but would also serve as evidence that the owner
used and intended to continue to use the structure family dwelling.
e as a tw y g
The current draft of the ordinance amendment, in Section 3, amending Code Section 35 -111 adds
a new paragraph 7, which provides:
7. Non- conforming duplex properties in R -1 districts shall lose non-
conforming use status and must be brought into compliance with current
Code provisions if a two -year period elapses during which the owners do
not apply for a rental dwelling license or file the certificate required by
Section 12 -901.
Upon further reflection, I would recommend that this paragraph be deleted. Failure to properly
license a facility or to file a certificate showing that one or two units are not being rented is
probably not a sufficient basis to take away a non conforming status, which is a substantial
property right.
Please let me know if you have any further questions.
Very truly yours,
Charles L. LeFevere
CLL:peb
CLL- 267975v1
BR291 -4
Councilmember Niesen expressed she believes the amount is low and that it is important to know if
payroll is being done correctly. She would agree with eliminating procedure three but definitely
thinks procedures one and two, for a possible cost of $1,000 plus the report, is well worth the money
spent.
A motion was made by Councilmember Niesen to go ahead with procedures one and two, eliminate
procedure three, and have the Auditor proceed on that basis thereby saving the possibility of $600 to
$800. Motion died due to lack of a second.
A motion was made by Councilmember Niesen to approve all three procedures outlined by the
Auditor. Motion died due to lack of a second.
Councilmember Carmody discussed that she believes the engagement management and report
preparation would be cheaper by only doing procedure one and would assume that the maximum cost
would be approximately between $1,500 and $2,000, which is as far as she would like to go with this
audit sampling.
A motion by Councilmember Niesen, seconded by Councilmember Carmody to go ahead with
procedure one and the engagement management and report preparation. Councilmember O'Connor
voted against the same. Motion passed.
9i. AN ORDINANCE RELATING TO RENTAL DWELLINGS AND NON-
CONFORMING USES; AMENDING CITY CODE SECTIONS 12- 901,12 -902
AND 35 -111
Mr. McCauley discussed that staff is suggesting some changes in the rental dwelling and zoning
ordinances to streamline dealing with duplexes and/or two- family dwellings. There is a significant
amount of units now nonconforming in the City and staff has found that the enforcement of the
licensing provisions of Chapter 12 relative to these properties has become extremely time consuming
and often contentious. This item is on the agenda for two possible actions. One would be to
introduce the proposed ordinance for first reading and set second reading and public hearing on
June 13, 2005; and the second would be to direct the Housing Commission to review and report on
the ordinance prior to June 13, 2005.
Councilmember Carmody expressed that she would like to hold off on the first reading, have the
Housing Commission review the ordinance, and then put this item on the June 13, 2005, agenda for
approval of first reading.
Councilmember Niesen discussed that she would not be inclined to set a first reading without
thoroughly debating this housing law. She believes this is an important issue and with the Council
being the highest authority to deal with housing issues, she would like to move ahead with holding
off on setting the first reading at this time. She asked that these ideas presented move forward to the
meeting with the Council and Commission Chairs and informed that she will be meeting with the
Housing Commission in May to further discuss this issue since she has many concerns.
03/28/05 -19-
Councilmember Carmody suggested that Councilmember Niesen prepare a memo of her concerns to
present to the Housing Commission in April so they have time to review her concerns and to discuss
in May; and informed that she would like to see the memo before it goes to the Housing Commission
to make sure it would be something that the Council agrees on.
Mr. McCauley discussed that the text before the Council this evening does not change the policy on
rental housing. It attempts to address people who are not subject to the rental housing ordinance in
the first instance. This would be an orderly mechanism that relates to establishing and maintaining
proof of a nonconforming use. It does not relate to how you rent property or the rules of renting
property, it is simply allowing an orderly mechanism for people to do that. With respect to the
technical application of license fees, it clarifies that if somebody applies for a license they do not get
the entire fee back; they get the fee less what had been spent in terms of staff time up to that point.
Councilmember Niesen questioned the sixty plus duplexes and /or two family dwellings that are
nonconforming. Mr. McCauley discussed that they were built at a time when the zoning would
allow the construction of a two family dwelling and/or duplex. Some of those areas were rezoned to
R -1. When it was zoned R -1 they became nonconforming uses.
Councilmember Niesen discussed her property that was built as a mother -in -law apartment which
she believes is very common in Minnesota and that she does not know why someone would come
into her R -1 zoned house and call it a duplex. She said that the City of Brooklyn Center stands alone
on this area and many other areas of the rental ordinance and that is why she wants to discuss this
further with the Housing Commission.
Councilmember Niesen questioned the following language proposed in the ordinance amendment:
An owner of a duplex dwelling that is being occupied but is not being let for lease or rent is
not required to secure a rental dwelling license provided such owner files with the City a
certification, in a form provided by the City, that no rent or any other consideration is being
paid, given or provided, directly or indirectly, by or on behalf of the occupants to the owner.
The owner shall provide such additional information in support of such certification as may
be required by the Compliance Official.
Councilmember Niesen asked what was intended by the words additional information". Could this
include a copy of a tax return from the owners; a copy of a tax return from all renters; bank
statements of owners and/or renters; or living arrangements explanations? She expressed that she
believes it is not acceptable to have government visit the homes of owners and ask about their living
arrangements and financial interests and that to do so is a government intrusion into people's lives.
Mayor Kragness discussed the reason a license is being required is to help pay with staff's time
having to inspect two units. Councilmember Niesen debated about that even being an issue and said
there should be no rental inspection of owners' homes.
03/28/05 -20-
Councilmember Carmody discussed that she believes this matter would not be an appropriate
discussion for the joint meeting with Commission Chairs. She suggested that the timeline be
discussed with the Commission Chairs; and that at this time the Council direct the Housing
Commission to review and report on the ordinance prior to June 13, 2005.
A motion by Councilmember Carmody, seconded by Councilmember Lasman to direct the Housing
Commission to review and report on the ordinance prior to June 13, 2005. Motion passed
unanimously.
Mr. LeFevere informed that this would also amend the zoning code and questioned if the Council
would be referring this to the Planning Commission. Mr. McCauley responded that this issue would
be sent to the Planning Commission as well.
9j. RESOLUTION DESIGNATING ADDITIONAL DEPOSITORIES OF CITY
FUNDS
Councilmember O'Connor questioned how many brokers the City had. Mr. McCauley discussed that
currently there is one depository which is Wells Fargo; however, the City can deal with nine different
agents as outlined in Resolution No. 2005 -02. She inquired how much the City has invested and
what the City pays in fees for them handling the money. Mr. McCauley discussed that be believes
roughly $20 Million or more and that the City does not buy any individual corporate bonds. When
acquiring something there is going to be some type of transaction cost. She inquired how much is
paid to Wells Fargo. Mr. McCauley informed that he could get more information on the exact
specifics of her questions.
Councilmember O'Connor questioned the City's loss or profit over the years on the investments.
Mr. McCauley discussed that that the City generally holds to maturity and there is no loss or gain in
terms of what was purchased.
RESOLUTION NO. 2005 -58
Councilmember Carmody introduced the following resolution and moved its adoption:
RESOLUTION DESIGNATING ADDITIONAL DEPOSITORIES OF CITY FUNDS
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Councilmember O'Connor abstained. Motion passed.
03/28/05 -21-
Councilmember Niesen discussed that if Lang Nelson would like to write a proposal and come
before the Council with another idea she would be willing to take a look at other alternatives besides
opening the road.
9d. AN ORDINANCE RELATING TO RENTAL DWELLINGS AND NON
CONFORMING USES; AMENDING CITY CODE SECTIONS 12- 901,12 -902,
AND 35 -111
Mr. McCauley discussed that Community Development staff had proposed an ordinance change with
the intent to ease the burden on maintaining a legal nonconforming use for purposes of zoning. The
Community Development Department had previously been requiring a rental license primarily as a
means of documenting the maintenance of a legal nonconforming use of a duplex. The options that
are before the Council are the original proposal which amends and creates some type of a certificate
that a duplex is being occupied, but not rented, in terms of receiving monetary compensation; and in
Section 35 -111 amends the zoning code to conform to State Statute by giving someone six months
regardless of what type of nonconforming use is destroyed to get a building permit. The second
option is to do nothing at all. In reviewing the practice etc., there is no rental licenses required where
there is no fee collected. The third option would be exploring the Housing Commissions'
recommendation regarding a modified version of a certificate which then raises the issue of what
would be a qualifying relative if it was an owner occupied unit and suggests a differentiation
between requiring a license for those owner occupied rentals to qualifying relatives who had a
written lease.
Councilmember O'Connor suggested separating the changes and passing the non controversial items
gg P g g P g
such as the 180 days because it is State Law (number 5 in Section 35-111), but not pass seven and
one. She expressed she is fine with passing the addition where they have to pay part of their license
fee if they withdraw their application; and that the controversial items should have the language
changed or possibly not pass anything on those.
Mr. McCauley discussed that if the Council chose the no action option staff would come back to the
Council with language and the nonconforming 180 days with all other cleaned up language for
introduction of a first reading at a later meeting.
Councilmember Niesen discussed that she had an issue with Chapter 12 and addressed those issues
with a letter to the Housing Commission. During her review of Chapter 12 and in preparing her
letter she questioned why some of the Laws ended up the way they did and expressed that the
Council should not be afraid to look at Laws since the City is a Home Rule Charter City. She
expressed she has a few issues with the rental ordinance the way it is currently written and this
proposal brought these issues to her attention. The main issues she has right now are no definition of
duplex and that her house has been referred to as nonconforming.
06/13/05 -10-
Councilmember Niesen expressed that she agrees with the Law change that is proposed in number 5
of Section 35 -111 and agrees that the Council should not enact other parts of the proposed ordinance
amendments. She expressed she would like to have the Housing Commission go through using her
letter to look in depth at the City's rental ordinance and continue amending the rental ordinance. She
likes the Housing Commission recommendations; however, she would like to clarify what type of
certification would be asked for in the proposal; and with the proposed language in Section 12 -901,
number 1, she believes the language is vague and arbitrary. She discussed that she would like to
make a motion to accept number 5 in Section 35 -111 and defer to the Housing Commission to come
back with wording that improves and clarifies the rental ordinance.
Councilmember O'Connor discussed that she would not mind approving number 5 in Section 35 -111
right now; however, if the City wants to wait she would not mind waiting.
Mayor Pro Tem Carmody discussed she attended the Housing Commission meeting and that at the
meeting Planning and Zoning Specialist Ron Warren discussed nonconforming uses. She outlined
some of the other discussions that took place at the meeting and some of the comments made by the
Housing Commission. She asked the City Attorney how this proposal would work. City Attorney
Charlie LeFevere discussed that in his letter he expressed this process would be a consumer
protection type of law. Generally consumer protection laws do not have exceptions when there is a
family relationship. A person who is paying a fee for services is entitled to the same kind of
protection even though they are paying the fee to a close or more remote family member.
Councilmember Niesen asked that Mr. LeFevere get a copy of her memo that she had prepared to the
Housing Commission.
Mr. LeFevere informed that if the only thing the Council is prepared to move forward on is number 5
of Section 35 -111, he would recommend not going through the ordinance process at this time.
Councilmember Niesen expressed that she believes this law needs to be fair, enforceable, intelligent,
and conformable with all laws and rights people have and that the definition of family needs to be
clearly defined. She added that in the current ordinance it is written that servants can live with you
and she believes that the word servants needs to be eliminated from the ordinance.
Councilmember Niesen informed that she would like to ask the Council to table this and ask the
Housing Commission to propose some changes that comprehensibly shorten the law and make
recommendations for what it would take for the City to overhaul this law, put in a table of contents,
and make sure that it is similar to other housing laws.
Councilmember O'Connor questioned if a motion was needed at this time. Councilmember Niesen
discussed that she would move to give direction the Housing Commission to consider her letter and
look at improving, organizing, and clarifying the rental ordinance.
06/13/05 -11-
Mayor Pro Tem Carmody expressed that she has an objection to sending Councilmember Niesen 's
letter to the Housing Commission because she believes the Housing Commission discussed and
covered her letter at its meeting. She believes the Housing Commission was uniform in what they
were recommending and that this discussion should continue to a Work Session. Councilmember
Niesen expressed that she would support discussing this at a Work Session and informed that she
would take the time to draft a table of contents.
Councilmember Niesen made a motion directing this discussion to the July 25, 2005, Work Session
to allow her time to make a table of contents, highlight and summarize her letter into a one page or
less document, and to look at other city ordinances for examples, seconded by Councilmember
O'Connor. Motion passed unanimously.
9e. UPDATE ON TWIN LAKE SEDIMENT STUDY
Mr. McCauley discussed that the west remediation preliminary goals were developed dated June I,
2005, which will eventually result in a public hearing and processes with the Minnesota Pollution
Control Agency as they negotiate with Joslyn over what would be the final remediation plan. The
lake sediment issue is pending while that remediation negotiation goes on and the fish that were
collected and being sampled is still being validated with a due date of September 2005. The City's
consultant continues to monitor what is happening.
Councilmember O'Connor questioned where the west remediation area is located. Mr. McCauley
discussed that is the part not contained in the Josl yn redevelopment, ment, north of Twin Lake Avenue and
west of Wickes. She inquired if it goes into the lake. Mr. McCauley discussed that the lake issue is
the sediment issue and is the question if they will have to do any remediation. Councilmember
Niesen provided a brief history of the area and the study.
9f. DISCUSSION OF 2006 BUDGET: COUNCILMEMBER O'CONNOR
Councilmember O'Connor discussed she would like to know if the $79,000 tax levy will be added to
the three percent and be a larger percent increase for peoples' property taxes. Mr. McCauley
discussed that the $75,000 would be a substitution of a tax used for general fund operations to
replace the $75,000 bond levy that would go away. She inquired how the City would charge people.
Mr. McCauley discussed the $75,000 is a general ad valorem tax but the general ad valorem tax is
used for debt service. She inquired if the taxpayers would see it as a separate line item on their
property taxes. Mr. McCauley responded that iri terms of the budget adoption, the debt service levy
is adopted as a separate levy adoption in the resolution.
Councilmember O'Connor questioned if the City's total budget would be going a from what it was
g g g P
in this current year and if it is possible to not have a three percent increase on taxes and maybe make
it two percent. Mr. McCauley responded that the total budget is going up and that the City is
operating on less money and the net target for the general fund is twosome percent increase overall.
The actual expenditure increase that will be developed in the draft budget will be less than three
percent in terms of expenditures.
06/13/05 _12_
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
DISCUSSION OF CONCEPT FOR REDEVELOPMENT OF AREA PREVIOUSLY
CONSIDERED FOR SENIOR HOUSING ON 57 T"
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-
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
AUGUST 8, 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 8:15 p.m.
ROLL CALL
Mayor /President Myrna Kragness and Councilmembers /Commissioners Kathleen Carmody, Kay
Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager /Executive Director
Michael McCauley and Deputy City Clerk Maria Rosenbaum.
DISCUSSION OF STATE LAW REQUIRING POLICY ON OUT OF STATE TRAVEL
BY ELECTED OFFICIALS
This item is continued from the Study Session. Councilmember O'Connor inquired if there was a
policy on staff travel. Mayor Kragness responded that the City Manager is in charge of staff travel.
City Manager Michael McCauley added that Council approves the budget which includes staff travel
expenses.
DISCUSSION OF COUNCILMEMBER NIESEN'S SUGGESTED RENTAL HOUSING
ORDINANCE CHANGES
Councilmember Niesen distributed and outlined the memo she prepared of items that she would like
to bring to the Housing Commission. She expressed that she believes making the following
revisions in the City's rental ordinance it would serve the stated purpose of Chapter 12 and would be
simplified, streamlined, objective, and enforceable.
Housing definitions are provided in the property tax database, zoning code field.
Brooklyn Center adopt the rental licensing provisions of New Brighton, including which was
done in part with Brooklyn Center's approval of their Conduct on Licensed Premises.
In any case, R1 and R2 rental property is defined as that which is non owner /family occupied
and non homesteaded, both objective measures of compliance.
08/08/05 -1-
i
Zoning and code enforcement continue to be enforced as in including provision for density.
Organization in Chapter 12 include having all provisions related to rental property within one
section number, with sub section numbers as indicated.
ew and propose an revisions /clarifications for associated
Have Housing Commission revs p p y
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 Chapter 35) should be
similarly updated.
Have Housing Commission review penalties for appropriateness to desire purpose and ability
to be enforced.
Council discussed the items presented by Councilmember Niesen, zoning issues, non conforming
uses, zoning density, and land uses. Councilmember Carmody expressed that she would like to have
the three -strike rule for renters. Councilmember Lasman expressed that she believes the City needs
to stay on top of this issue and use every tool possible. Councilmember O'Connor expressed that she
believes if a property is homesteaded it should be left alone; and when a duplex is occupied by the
owner, and the other side is rented, the owner should not have to pay $375.
Councilmember Carmody p
expressed that she would like to know
if an owner does not continue
renting or occupying as a two family property for two years, do they lose the property as rental. Mr.
McCauley responded that he would like to inquire of the City Attorney to clarify that requirement.
Councilmember Niesen informed that she would be willing to give a little on the items presented
before going to the Housing Commission and recommended deleting the following items from her
list:
Brooklyn Center adopt the rental licensing provisions ofNew Brighton, including which was
done in part with Brooklyn Center's approval of their Conduct on Licensed Premises.
Zoning and code enforcement continue to be enforced as in including provision for density.
Councilmember Niesen expressed that she believes the collection of rental fees should be put on
hold. Mr. McCauley suggested that the Council wait for the City Attorney's review of the zoning
issue. He advised that there are two distinct issues:
1. What activities would be licensed for rental housing, such as whether to license owner
occupied duplexes; and
2. Zoning matters related to land use, such as a two family use in a single family zoning
district which is a non conforming use, but the right to that non conforming use can be
abandoned.
08/08/05 -2-
I
MEMORANDUM
TO: Michael J. McCauley, City Manager N
FROM: Tom Bublitz, Community Development Specialist 1
SUBJECT: Report on Recommendations from Housing Commission Regarding an
Ordinance Relating to Rental Dwellings and Non- Conforming Uses;
Amending City Code Sections 12 -901, 12 -902 and 35 -111
DATE: June 7, 2005
At the March 28, 2005 City Council meeting the City Council referred the above titled
ordinance to the Housing Commission for review and comment. Review of the proposed
ordinance was on the Housing Commission's April 19, 2005 meeting agenda. A quorum
of the Housing Commission was not present at the April 19, 2005 meeting.
Review of the proposed ordinance was on the Housing Commission's May 17, 2005
Housing Commission meeting agenda. A quorum was present at the May 17, 2005
meeting but the Commission considered other business at the May meeting which did not
allow time for consideration of the proposed ordinance amendment. At the end of the
May Housing Commission meeting, the Commission set June 6, 2005 as a special
meeting date to consider the ordinance amendment.
The Housing Commission met on June 6, 2005 to consider the proposed ordinance
amendment. A quorum was present at the June 6 meeting. After review and discussion
of the proposed ordinance, the Housing Commission unanimously approved the
following recommendations /amendments:
1. Duplexes that are occupied by its owner and/or persons who qualify for a
relative homestead status should not be required to obtain a rental license.
Persons qualifying under this provision would be required to complete a
certification indicating their relationship regarding homestead or relative
homestead status.
The Commission believes qualifying relatives living in a duplex should not be
required to obtain a rental license. In making this recommendation, the
Commission believes the City should not be concerned whether or not persons
who qualify for a rental license exemption based on relative status actually
make any type of payments to the relative who is the owner of the duplex.
2. In situations where a duplex owner occupant has non related occupants living
in one half of the duplex and not paying rent or other consideration, the
Commission recommended that these persons should not be required to obtain N
a rental license but would be required to complete a certification as required
by the current proposed ordinance.
3. The Commission recommended that if there is a formal rental agreement
executed between qualifying relatives in a duplex, then these persons should
be required to obtain a rental license. In this recommendation, the
Commission believed that a written rental agreement created an explicit
landlord/tenant relationship even if the owner and tenant were related.
A copy of the original proposed ordinance amendment is included with this
memorandum.
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 11 m day of July, 2005, at 7:00
p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to rental
housing and to non- conforming uses.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the Deputy City Clerk at 763 -569 -3303 to make arrangements.
ORDINANCE NO.
AN ORDINANCE RELATING TO RENTAL DWELLINGS AND NON-
CONFORMING USES; AMENDING CITY CODE SECTIONS 12 -901, 12 -902
AND 35 -111
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Section 12 -901 of the Brooklyn Center City Code of Ordinances is
amended as follows:
Section 12 -901. LICENSING OF RENTAL UNITS.
1. License Required. No person shall operate a rental dwelling without first having
obtained a license to do so from the City of Brooklyn Center as hereinafter provided. There shall
be two types of licenses: regular and provisional. Provisional licenses are defined in Section 12-
913. An owner of a duplex dwelline that is beine occupied but is not beina let for lease or rent is
not reauired to secure a rental dwelling .license provided such owner files with the City a
certification, in a form provided by the City. that no rent or any other consideration is beina paid,
eiven or provided. directly or indirectly. by or on behalf of the occupants to the owner. The
owner shall provide such additional information in supDort of such certification as may be
reauired by the Compliance Official.
2. License Term. Regular licenses will be issued for a period of two years.
Provisional licenses will be issued for a period of six months. All licenses, regular and
provisional, will be reviewed every six months after the beginning of the license term to
determine the license status.
3. License renewal. License renewals shall be filed at least 90 days prior to license
expiration date. Within two weeks of receipt of a complete application and of the license fee
required by Section 12 -902, the Compliance official shall schedule an inspection. No application
for an initial or renewal license shall be submitted to the city council until the Compliance
official has determined that all life, health safety violations or discrepancies have been corrected.
4. Condition of License. Prior to issuance or renewal of a license and at all times
during the license term, a license holder must be current on the payment of all utility fees, taxes,
and assessments due on the licensed property and any other rental real property in the city owned
by the license holder. In the event a suit has been commenced under Minnesota Statutes, Section
278.01- 278.03, questioning the amount or validity of taxes, the City Council may on application
waive strict compliance with this provision; no waiver may be granted, however, for taxes or any
portion thereof which remain unpaid fora period exceeding one (1) year after becoming due.
ORDINANCE NO.
Section 2. Section 12 -902 of the Brooklyn Center City Code of Ordinances is
amended as follows:
Section 12 -902. LICENSE FEES. License fees, as set forth by city council resolution,
shall be due 90 days prior to the license expiration date; in the cases of new unlicensed
dwellings, license fees shall be due upon issuance of the certificate of occupancy.
A delinquency penalty of 5% of the license fee for each day of operation without a valid
license shall be charged operators of rental dwellings. Once issued, a license is nontransferable
and the licensee shall not be entitled to a refund of any license fee upon revocation or
suspension; however, the licensee shall be entitled to a license fee refund, prorated monthly,
upon proof of transfer of legal control or ownership. If an applicant withdraws an application
prior to issuance of a license. the fee shall be refunded after deducting the costs of inspection and
anv other costs and expenses incurred by the Citv in connection with receiving and processing
the application.
A fee, as set by city council resolution, shall be charged for all reinspection necessary
after the first reinspection. The reinspection fee(s) will be payable at the time of license renewal
for the property, in the case of rental housing and at the time of recertification of occupancy for
nonresidential properties.
Section 3. Section 35 -111 of the Brooklyn Center City Code of Ordinances is
amended as follows:
Section 35 -111. NONCONFORMING USES. Unless specifically s
provided otherwise
P
herein, the lawful use of any land or building existing at the time of adoption of this ordinance
may be continued even if such use does not conform to the regulations of this ordinance,
provided:
1. No such nonconforming use of land shall be enlarged or increased or occupy a
greater area of land than that occupied by such use at the time of the adoption of
this ordinance.
2. Such nonconforming use shall not be moved to any other part of the parcel of land
upon which the same was conducted at the time of the adoption of this ordinance.
3. A nonconforming use of a building existing at the time of adoption of this
ordinance may be extended throughout the building provided no structural
alterations except those required by ordinance, law, or other regulation are made
therein, and provided that no such extension in the floodway overlay zone shall
result in increased flood damage potential.
Excepted from the structural alteration limitation are single family dwellings,
located in residential districts other than R1 and R2, provided any structural
alterations or additions shall conform with the requirements of the R1 and R2
district, and the Flood Plain regulations as applicable.
ORDINANCE NO.
4. If a nonconforming use occupies a building and ceases for a continuous period of
two years, any subsequent use of said building shall be in conformity to the use
regulation specified by this ordinance for the district in which such building is
located.
5. An nonconforming use shall not be continued following
Y g of owing 50 /o destruction of the
building in which it was conducted by flood, fire, wind, earthquake, or explosion,
according to the estimate of the Building Inspector, approved by the City Council,
unless aDDlication for a building oermit is made within 180 days of when the
monertv is damaged. If a building oermit is applied for. the Citv may impose
reasonable conditions upon the building hermit in order to mitigate anv newly
created impact on adiacent Dropertv.
6. Upon the effective date of this ordinance, where there is a nonconforming use of
land on a parcel with no structure or where three is a nonconforming use of land
(such as storage of equipment and supplies), on which there is a conforming
structure such use shall be terminated within two years following the effective
date of this ordinance.
7. Nonconforming duplex properties in R1 districts shall lose nonconforming use
status and must be brought into compliance with current code provisions if a two-
Year Deriod elapses during which the owners do not aDDly for a rental dwelling
license or file the certificate required by Section 12 -901.
Section 4. 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:
(Underlinine indicates new matter; str-ihifig th,-,eigh indicates deleted material.)
MEMORANDUM
TO: Michael McCauley, City Manager
FROM: Brad Hoffman, Community Development Director
DATE: March 24, 2005
SUBJECT: Amendment to Chapter 12 of the City Ordinances
Currently there are approximately sixty plus duplexes and/or two family dwellings within
Brooklyn Center. A significant number of these units are now nonconforming. It has been the
practice to require the owners of these properties to maintain a rental license in order to preserve
their rights to use the property as a duplex. Note that the properties were originally constructed
as legal two family structures. It is nor uncommon that these properties are occupied by family
members and no rent is being paid. If the owner does not maintain a rental license for a 2 year
property they lose the right to use the property in the future as rental. This issue is further
complicated by the sale of these properties to new owners with the intent of using the property as
rental. The rental license costs a minimum of $375 if one side is rented and an addition $75 if
both sides are occupied.
Community Development has found the enforcement of the licensing provisions of
Chapter 12 relative to these properties to be extremely time consuming and often contentious. It
is contentious because of the costs of the license, the required inspection of the property and the
likelihood of compliance orders being issued to properties that are not being rented and /or
occupied by family members. Because of the inordinate amount of time we spend on a relative
small number of properties, we believe that the proposed ordinance amendment would address
most of these issues.
The amendment would require the owners of such properties to annually certify to
the City that they are not renting the property. Certification would be on a form developed by the
City and they would not be assessed a fee. Rental properties would still be requires to obtain a
license. Properties that have been certified as non rental, that are nonconforming will retain the
right to use the property in the future and be sold as such.
Other changes in the proposed amendments allow the City to recover expenses from the
applicant's fee. The expenses are those associated with processing rental license applications
including inspections when the application is withdrawn by the applicant. Also, the ordinance
reflects current state law relative to the reconstruction of a nonconforming property. The owner
of a building that at least 50 has been destroyed has 180 days to make application for a
building permit.
It would be the staff recommendation that the Council hold the first reading, set the date
of the hearing for June 13,2005 and refer the issue to the Housing Commission to review and
comment on for Council consideration at the June 13, 2005 Council meeting.
CHARLES L. L19FEVERE
Attorney at Law
Direct Dial (612) 337 -9215
Email: clefevere @kennedy- gmven.com
February 25, 2005
Brad Hoffman
Director of Community Development
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430 -2199
Re: Licensing of Duplex Apartments
Dear Brad:
You requested that I draft an ordinance exempting a certain duplex apartments from the requirement
that rental licenses be secured. Licenses are required by Section 12 -901 for a "rental unit A
"rental unit" is defined in Section 12 -201 as "a dwelling or dwelling unit let for rent or lease."
Therefore, whether it is a single family residence or a duplex, no license would be required if the
unit were not being rented or leased. For example, if a family chose to have an adult child live on
the other side of a duplex, without the payment of rent, no license would be required under the
current code.
In the attached draft, I have not provided for an exception from the licensing requirement solely on
the basis of family status. If an owner receives compensation for the rental of a unit, it seems to me
that such a business operator should be responsible to provide decent, safe and sanitary housing for
its customers and that the City would wish to assure this through the licensing process without
regard to whether the customer was related to the business owner. If, however, you wish to provide
for an exemption in the ordinance for a landlord renting a unit to a family member, let me know and
I will amend the ordinance accordingly.
It seems to me to make sense to require certification that one or more units of a duplex are not being
rented on an annual basis so that the City will know promptly when a change in status has occurred
that would result in a requirement that the owner secure a rental unit license.
In the attached draft, such certification is required by paragraph 1 of Section 12 -901.
A second aspect of the ordinance you requested was that such certification would be required for a
non conforming duplex to maintain its non conforming status. This provision is included in the
attached ordinance in paragraph 7 of Section 35 -111. State law was recently amended to limit the
CLL- 2597610
BR291 -16
Brad Hoffman Ltr
February 25, 2005
Page 2
circumstances under which a city can require that a non conforming use be brought into
compliance. The change to paragraph 5 of Section 35 -111 brings it into compliance with the
statutory changes.
The statute, Minnesota Stat. 462.357, Subd.I(e), provides for a non- conforming use abandonment
period of one year. Current City ordinances provide for abandonment of non conforming use status
after two years. I do not believe that it is necessary for the City to change the ordinance to a one-
year period if it does not wish to do so. In paragraph 7 of Section 12 -901 in the attached ordinance,
I have followed the two -year abandonment term. If you wish to have the ordinance amended to
provide for a loss of non conforming use status after one year of abandonment, let me know, and I
will amend the draft ordinance accordingly.
Finally, you requested the addition of language authorizing the City to retain a part of license fees,
when a license application is withdrawn, to cover City expenses. That additional language is found
at Section 12 -902 in the attached draft.
Please let me know if you have any questions or comments.
Very truly yours,
Charles L. LeFevere
CLL:peb
Enclosure
CLL- 259761v1
BR291 -16
City Council Agenda Item No. 8g
City of y
o Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: September 22, 2005
TO: Michael J. McCauley, City Manager
FROM: Joyce Gulseth, Public Works Administrative Aide
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
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 followin g 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
PATRIC JULIE SHEA 5821 PEARSON DR ELM 328
HAROLD GABRIEL 7118 RIVERDALE RD ELM 329A,330A
BARBARA WADSWORTH TRAVIS TU 7200 RIVERDALE RD ELM 329B 330B
RAYMOND BARBARA SNYDER 6036 EWING AVE N ELM 331
JINGX YIU 3813 62 AVE N ELM 332
MN SERVICES INC 7240 BROOKLYN BLVD ELM 333,334
ELLEN NIZNIK 631819DIANA AVE N ELM 335
CITY OF BROOKLYN CENTER SHINGLE CREEK TRAIL ELM 336
FREDERICK DOROTHY QUIGLEY 5306 63 AVE N ELM 337
2. After twenty (20) days from the date of the notice, the property owner(s) will
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.
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 Council Agenda Item No. 8h
r
s
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody, Lasman, iesen, and O'Connor
FROM: Michael J. McCauley, City Manager
DATE: September 23, 2005
SUBJECT: October 3, 2005, Budget Work Sessio
At the October 3, 2005, work session, we planned to discuss the utility budgets. We are also
awaiting receipt of a rate study that is being conducted. With the storm, the Public Works
Department is consumed with closing out construction projects and debris removal. Thus, Mr.
Blomstrom will not have sufficient time to prepare for the budget work session and review the study
when it is received. We are requesting that the October 3, 2005, budget work session be cancelled.
We have another budget work session scheduled for November 21, 2005. We will review whether to
consolidate all of these remaining budget issues on November 21, 2005, or to suggest a budget work
session for November 7, 2005.
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
AGENDA
CITY COUNCIL \ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
September 26, 2005
Immediately Following Regular City Council and EDA Meetings Starting at 7:00 P.M.
City Council Chambers
1. Discussion of rental housing license fees
2. Review of Carl Neu's Observations and Conclusions for the September 14` City
Council Work Session
3. Council Member Carmody: Discussion of Watershed Commission appointment for
January 2006
4. Adjourn
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members Carm� an, Niesen, and O'Connor
From: Michael J. McCauley
City Manager
Date: September 21, 2005
Re: Rental Housing License Fees
Attached are 2 alternate scenarios showing reduced single family rental housing license
fees and increased multi family charges that produce roughly the same revenue. These
are illustrative and show how increasing the per building charge or the per unit charge
impact multi family fees to offset reductions in single family fees. A greater reduction in
single family requires an corresponding increase in multi family and vice versa.
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.cityofbrooklyneenter.org
Current Fee Structure
Biennial Revenue
of Buildings of units Minimum Building F Per unit Fee Total complt Total Fees
l 3 $450 $155 $39 $450 1 450
1 4 $450 $155 $52 $450 19 $8,550
1 5 $450 $155 $65 $450 1 $450
1 6 $450 $155 $78 $450 2 $900
1 7 $450 $155 $91 $450 3 $1,350
1 8 $450 $155 $104 $450 1 $450
1 10 $450 $155 $130 $450 1 $450
1 11 $450 $155 $143 $450 9 $4,050
1 12 $450 $155 $156 $450 4 $1,800
1 18 $450 $155 $234 $450 1 $450
1 22 $450 $155 $286 $450 1 $450
1 24 $450 $155 $312 $467 1 $467
2 8 $450 $310 $104 $450 1 $450
Large Complexes
276 3357 $42,780 $43,641 $86,421 $86,421
Sing,le Family 315
$118,125 $118, 12 5118.125
Duplex 65 $29,250 $29,250 $29,250
Total. Fees $254,063
FEES Annual $127,032
Per Building $155 Note: in 2 year cycle, fees not evenly split annually.
Per Unit $13
Single Family $375
D uplex
Alternate A Reduce Single Family to $300 and Increase Per Building to $250
Biennial Revenue
of Buildings of units Minimum Building Fee Per unit Fee Total compl, Total Fees
1 3 $450 $250 $39 $450 1 $450
1 4 $450 $250 $52 $450 19 $8,550
1 5 $450 $250 $65 $450 1 $450
1 6 $450 $250 $78 $450 2 $900
1 7 $450 $250 $91 $450 3 $1,350
1 8 $450 $250 $104 $450 1 $450
1 10 $450 $250 $130 $450 1 $450
1 11 $450 $250 $143 $450 9 $4,050
1 12 $450 $250 $156 $450 4 $1,800
1 18 $450 $250 $234 $484 1 $484
1 22 $450 $250 $286 $536 1 $536
1 24 $450 $250 $312 $562 1 $562
2 8 $450 $500 $104 $604 1 $604
Large Complexes
276 3357 $69.000 $43,641 $112,641 $112,641
Sin`-,Je Family 315 $94.500 $94.500 $94.500
Duplex 65 $29,250 $29,250 $29,250
Total Fees $257,027
FEES Annual $128,514
Per Building $250 Note: in 2 year cycle, fees not evenly split annually.
Per Unit $13
Single Family $300
Duplex $450
i
I
I
Alternate B Reduce Single Family to $300 and Increase Per Unit to $20
Biennial Revenue
of Buildings 4 of units Minimum Building Fee Per unit Fee Total compl( Total Fees
1 3 450 $155 $60 $450 1 $450
1 4 $450 $155 $80 $450 19 $8,550
1 5 $450 $155 $100 $450 1 $450
1 6 $450 $155 $120 $450 2 $900
1 7 $450 $1.55 $140 $450 3 $1,350
1 8 $450 $155 $160 $450 1 $450
1 10 $450 $155 $200 $450 1 $450
1 11 $450 $155 $220 $450 9 $4,050
1 12 $450 $155 $240 $450 4 $1,800
1 18 $450 $155 $360 $515 1 $515
1 22 $450 $155 $440 $595 1 $595
1 24 $450 $155 $480 $635 1 $635
2 8 $450 $310 $160 $470 1 $470
Large Complexes
276 3357 $42,780 $67,140 $109,920 $109,920
Single l amil) 315 $94,500 $94,500 $94,500
Duplex 65 $29,250 $29,250 $29,250
Total Fees $254,335
FEES Annual $127,168
Per Building $155 Note: in 2 year cycle, fees not evenly split annually.
Per Unit $20
Single Family $300
Duplex $450
Current Fee Structure Alternate A Example Alternate B Example
Fees Fees
Per Building $155.00 Per Building $250.00 Per Building $155.00
Per Unit $13.00 Per Unit $13.00 Per Unit $20.00
Total Examples: Total Examples: Total
Buildings 1 $155.00 $155.00 Buildings 1 $250.00 $250.00 Buildings 1 $155.00 $155.00
Units 4 $13.00 $52.00 Units 4 $13.00 $52.00 Units 4 $20.00 $80.00
Greater of: License Fee $207.00 Greater of: License Fee $302.00 Greater of: License Fee $235.00
Minimum $450.00 Minimum $450.00 Minimum $450.00
Buildings 1 $155.00 $155.00 Buildings 1 $250.00 $250.00 Buildings 1 $155.00 $155.00
Units 11 $13.00 $143.00 Units 11 $13.00 $143.00 Units 11 $20.00 $220.00
Greater of: License Fee $298.00 Greater of: License Fee $393.00 Greater of: License Fee $375.00
Minimum $450.00 Minimum $450.00 Minimum $450.00
Melrose Gates 6401 Camden Melrose Gates 6401 Camden Melrose Gates 6401 Camden
Buildings 7 $155.00 $1,085.00 Buildings 7 $250.00 $1,750.00 Buildings 7 $155.00 $1,085.00
Units 217 $13.00 $2,821.00 Units 217 $13.00 $2,821.00 Units 217 $20.00 $4,340.00
Greater of: License Fee $3,906.00 Greater of: License Fee $4.571.00 Greater of: License Fee $5
Minimum $450.00 Minimum $450.00 Minimum $450.00
River Glenn 69th /70th West of t H 252 River Glenn 69th /70th 'Vest of TH 252 River Glenn 69th./70th West of TH 252
Buildings 8 `x155.00 $1.240.00 Buildings 8 $250.00 $2,000.00 Buildings 8 $155.00 $1,240.00
Units 128 $13.00 $1,664.00 Units 128 $13.00 $1,664.00 Units 128 $20.00 $2,560.00
Greater of: License Fee $2,904.00 Greater of: License Fee $3,664.00 Greater of: License Fee $3,800.00
Minimum $450.00 Minimum $450.00 Minimum $450.00
Member Kathleen Carmody introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2004 -92
RESOLUTION AMENDING THE SCHEDULE FOR RENTAL DWELLING
LICENSE FEES
WHEREAS, the City Council of the City of Brooklyn Center adopted Resolution No.
2001 -113 on August 13, 2001, which amended the fees to be charged for rental dwellings; and
WHEREAS, the City Council has determined that it wishes to increase the fees for
rental dwellings and establish a minimum fee for multiple- family dwellings to offset the expenses
incurred by the City for rental inspection and prosecution services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, to amend the City's fee schedule for rental dwelling licenses as
follows:
Rental Dwellings Biennial Fee
Single Family Dwelling $375
Two Family Dwelling
First Rental Unit $375
Second Rental Unit $75
Multiple Family Dwelling
Each Building $155
Each Unit $13
Minimum Base Fee $450
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center
that this resolution shall be effective November 1, 2004.
June 28. 2004
Date Mayor
ATTEST: �z
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Kay Lasman
and upon vote being taken thereon, the following voted in favor thereof:
Myrna Kragness, Kathleen Carmody, Kay Lasman, and Bob Peppe;
and the following voted against the same: Diane tiiesen;
whereupon said resolution was declared duly passed and adopted.
10j. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES
OF THE CITY OF BROOKLYN CENTER RELATING TO THE
LICENSURE OF PAWNBROKERS
Mr. McCauley discussed that the Police Department would like to become part of the Minneapolis
Automated Pawn System (APS) to improve efficiency with the City's compliance and regulation of
its pawn system ordinance as well as eliminate expenses incurred by our current pawnshop
information processing. The proposed ordinance would impose a two dollar transaction fee that
would allocate one dollar to the City of Minneapolis and one dollar to the City of Brooklyn Center.
Mayor Kragness questioned what had changed since the last time the Council considered this topic.
Mr. McCauley discussed that this system was not set up when it was last reviewed and that the
proposal now set forth ends up being cost neutral.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the first
reading and set second reading and public hearing 011.411y 26, 2004. Motion passed unanimously.
10k. RESOLUTION RATIFYING ADVANCES TO COVER DEBT SERVICE IN
TAX INCREMENT FINANCING DISTRICT NO. 2
Mr. McCauley discussed that this resolution would formalize the amounts of money that are to be
restored. The restoration will replace monies that were advanced from other funding sources.
RESOLUTION N0, 2004 -91
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION RATIFYING ADVANCES TO COVER DEBT SERVICE IN TAX INCREMENT
FINANCING DISTRICT NO. 2
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
101. RESOLUTION AMENDING THE SCHEDULE FOR RENTAL DWELLING
LICENSE FEES
Mr. McCauley discussed that a fee structure had been established to help the increasing growth in
single family rentals that results in increased and repetitive inspections.
Councilmember Niesen questioned the salaries considered when creating the proposed fee schedule.
Mr. McCauley discussed that rough measures were considered with all staff involved and that the
estimate annual cost of rental housing administration is in the range of 100,000 to $130,000.
06/28/04 -10- DRAFT
Looking at the annual cost of inspections, enforcement, education, and administration in excess of
$130,000, the annual revenue is in the range of $62,000 per year. That revenue is not even as
licenses are on a two -year cycle and one cycle has more units.
Councilmember Niesen questioned when the City started licensing rental properties and if there was
any State requirements. Planning and Zoning Specialist Ron Warren discussed the history which
started in 1976 and informed that was when City's Ordinance Chapter 12 was adopted; and answered
that there were no State requirements for rental housing.
A motion by Councilmember Carmody to call the question to order, seconded by Councilmember
Lasman. Motion passed.
Councilmember Niesen expressed that she is not comfortable with the adoption of this resolution
since she is not exactly sure and does not completely understand.
RESOLUTION NO. 2004 -92
Councilmember Carmody introduced the following resolution and moved its adoption:
RESOLUTION AMENDING THE SCHEDULE FOR RENTAL DWELLING LICENSE FEES
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Councilmember Niesen voted against the same. Motion passed.
10M. RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS
CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC
NUISANCES, SAFETY, AND HEALTH HAZARDS WITH RESPECT TO
THAT REAL ESTATE LOCATED AT 5025 EWING AVENUE NORTH,
BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS
LOT 13, BLOCK 2, TWIN LAKE WOODS 2 ND ADDITION, HENNEPIN
COUNTY, MINNESOTA IN THE CITY OF BROOKLYN CENTER,
HENNEPIN COUNTY, MINNESOTA
Mr. McCauley discussed that the Police Department had inspected this property pursuant to a search
warrant received and that this resolution would order the correction of hazardous conditions for the
property at 5025 Ewing Avenue North.
Mayor Kragness questioned how many times this property had been found not in compliance and if
the owner was still living at the property. Mr. McCauley was unaware of the number of times and
informed that the owner does not reside at this property.
RESOLUTION N0, 2004 -93
Councilmember Lasman introduced the following resolution and moved its adoption:
06/28/04 -11- DRAFT
Office of the City Clerk
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk 4�04k vn�
DATE: June 23, 2004
SUBJECT: Resolution Amending the Schedule for Rental Dwelling License Tees
At its May 10, 2004, Work Session, the City Council discussed the issue of rental housing license fees,
which had been tabled from the March 8, 2004, Council meeting. A copy of the minutes from the Work
Session is attached, along with the materials that were provided in the agenda packet. A resolution
amending the rental dwelling license fees is also attached for Council consideration.
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 F.AX (763) 569 -3434
FAX (763) 569 -3494
www.cityot'brooklyncenter.org
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE SCHEDULE FOR RENTAL DWELLING
LICENSE FEES
WHEREAS, the City Council of the City of Brooklyn Center adopted Resolution No.
2001 -113 on August 13, 2001, which amended the fees to be charged for rental dwellings; and
WHEREAS, the City Council has determined that it wishes to increase the fees for
rental dwellings and establish a minimum fee for multiple family dwellings to offset the expenses
incurred by the City for rental inspection and prosecution services.
NOW THEREFORE BE IT RESOLVED b the City Council of the City of
Y Y Y
Brooklyn Center, Minnesota, to amend the City's fee schedule for rental dwelling licenses as
follows:
Rental Dwellings Biennial Fee
Single Family Dwelling $375
Two Family Dwelling
First Rental Unit 375
Second Rental Unit $75
Multiple Family Dwelling
Each Building $155
Each Unit $1.3
Minimum Base Fee $450
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center
that this resolution shall be effective November 1, 2004.
June 28, 2004
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.
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF B ROOKL YN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
CITY COUNCIL WORK SESSION
MAY 10, 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 8:11 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob
Peppe. Also present: City Manager Michael \—IcCauley, Assistant City Manager /Director of
Operations Curt Boganey, and Deputy City Clerk Maria Rosenbaum.
Councilmember Diane Niesen left the meeting at 8:24 p.m.
DISCUSSION OF PROCLAMATIONS
Councilmember Niesen expressed that she would like to see a template or overlay for Proclamations.
Councilmember Lasman informed that three years ago the City Council reviewed the fashion for
proclamations and that if there is anything that needs to be removed or added to a requested
proclamation it could be done. Mayor Kragness suggested that if there is a proclamation that she
would like amended to contact the City Manager.
DISCUSSION OF DEVELOPMENT AGREEMENT DEFAULT WITH TALISMAN
City Manager Michael McCauley informed that Brookdale had paid its 2003 taxes. The City
received a copy of the check and a receipt from Ilennepin County that included approximately
$114,000 in penalty fees and approximately $3 8,000 in interest. Mr. McCauley informed that he had
notified Mr. Schlesinger that the 2004 taxes would be due on May 15, 2004.
DISCUSSION OF TABLED RENTAL HOUSING LICENSE FEE SCHEDULE
Councilmember Niesen expressed that she belie ,-es the rental fees should be raised.
Councilmember Niesen left the meeting at 8:24 p.m.
05/10/04 -1-
C ou nC i Vvo r 4� JCSS ,'o rx n wk s
Council discussed the growth in single family rental that results in increased and repetitive
inspections.
Councilmember Peppe expressed that he understands the costs involved and the reason to consider
increased costs for rental properties, however, he does not want to penalize the good landlords.
Mr. McCauley questioned if the Council would like to consider establishing a minimum fee for
rental housing that reflects the substantial efforts required for single family rental units.
Councilmember Lasman expressed she believes with the trend of rental housing in the City
something needs to be done to maintain the quality of our housing and neighborhoods.
Councilmember Carmody discussed that she believes the problem is with homeowners not
knowledgeable about renting properties and that the City should educate them more to make them
realize that they need to manage the properties.
Council discussed base fees for single- family and 4 -unit complexes. Mr. McCauley suggested a base
fee to be in business for a two -year period of $350 or $400. Councilmember Carmody expressed
support for $300 per year.
It was the consensus of the Council to have a fee structure started and have this item come back to
the Council.
MISCELLANEOUS
Council discussed the proclamation that was requested for Council approval from the GLBT
Pride /Twin Cities. It was the consensus of the Council to pass on adopting the requested
proclamation.
ADJOURNMENT
A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the Work
Session at 8:38 p.m. Motion passed unanimously.
f
City Clerk Mayor Q
05/10/04
The following materials
were included in the
Vlay 10, 2004, Work
Session Agenda Packet
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and uncil Members Carmody, Lasman, Niesen, and Peppe
From: Michael J. McCauley
City Manager
Date: May 7, 2004
Re: Rental Housing License Fees
As indicated in Mr. Hoffman's memorandum.. the estimated animal cost of rental housing
administration (including inspections, licensing, and oversight) is the range of $100,000
on the conservative end and $130,000 on the higher end. Examples of substantial use of
staff time include the recently adopted rectal housing ordinance. The police costs of
monitoring and working with rental housing would easily support a total cost of
administering rental housing beyond $130,000 per year.
We are experiencing a growth in single family rentals that results in increased and
repetitive inspections. The issue is that people are entering into a conuzlercial venture
who are not responding to corrective orders in as timely a fashion as many multi family,
professionally managed properties (though we also find ourselves in very substantial
enforcement efforts with poorly managed large complexes).
Looking at an annual cost of inspection, enforcement, education, and administration in
excess of $130,000, our annual revenue is in the range of $62,000 per year. That revenue
is not even as licenses are on a 2 year cycle and one cycle has more units. Thus we
receive $74,000 in one year and $50,000 in the other year of the 2 year cycle.
The materials previously supplied are also attached. In the discussion on May 10 the
Council may wish to consider a minimum fee for rental housing that reflects the
substantial efforts required for single fairnily rental units. That is, perhaps a $450
minimum license fee should apply to single family units.
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 F4X (763) 569 -3434
FAX (763) 569 -3494
u)ww.cityofbrooklyncenter.org
MEMORANDUM
TO: Michael McCauley, City Manager
FROM: Brad Hoffman, Community Development Director
DATE: April 30, 2004
SUBJECT: Rental License Inspections
There are 76 apartment complexes (duplex and larger) in Brooklyn Center with a total of
3,357 units subject to the licensing requirements of Chapter 12. These numbers do not include
the 224 single family homes that are currently used as rental property. (Note that we are adding
to the number of single- family rentals every week). With the notable exception of some
apartment complexes, a typical rental inspection would cover the common areas and enough of
the units to assure compliance with the ordinance. In some cases, a rental inspection would
involve every unit if the history or field observations warranted that degree of inspection.
In 2003, we would have inspected 37 complexes or 990 units plus 128 single family
rental inspections. While we do not tract follow up inspections, it is not unusual to have issued
compliance orders that require follow up inspections. Single- family rental inspections are
different. Unlike the complexes that are familiar with the ordinance and have representative on
site, single- family owners renting their property tend to be less responsive to letters informing
them of the license requirements and setting inspection dates and times. It has been our
experience that single- family properties tend to require more inspections to achieve compliance
than larger complexes. As an example, last year the 128 single family rental properties required
406 inspections. Since the first of this year, 31 additional single family homes have applied for a
rental license, The vast majority of the new applications are Section 8 properties requiring an
additional and different type of inspection. Last year we performed 511 Section 8 inspections.
During even years, we inspect 39 complexes with 2,367 units and 96 single family rentals. We
anticipate that the number of single family rental inspections will continue to grow.
Rental inspection activity accounts for 20'Z` to 23% of the inspections budget. Last year
Rental license fees amounted to approximately $47.000. Based on last years budget, the activity
cost between approximately $59 000 and 567.500. This cost does not include clerical support
Pp Y
which is funded under Planning. For the last 2 years, rental licensing has accounted for more
than 50% of the department secretary's time. The department secretary spends significant
amounts of time processing rental license application and coordinating inspection times. The
application process is often burdened with uncooperative owners requiring numerous contacts by
phone and mail. The cost of the administration of the rental license ordinance does not include
front desk time, nor does it include my time. Rental properties, absent major enforcement efforts
such as Summerchase, account for approximately 15 of my time especially with problem
properties. The City's cost for the department secretary's time and mine is approximately
$40,000. Finally, in any given year there will be a half dozen or more prosecutions for renting
without a license, failure to make necessary repairs and so forth. Such costs are unaccounted for
in these numbers. The actual cost of administering the rental license ordinance easily falls
between $100,000 and $130,000 annually. In essence, the City of Brooklyn Center is subsidizing
all rental units within the City.
adoption: Member introduced the following resolution and moved its
RESOLUTION NO. DR
RESOLUTION AMENDING THE SCHEDULE FOR RENTAL DWELLING
LICENSE FEES
WHEREAS, the City Council of the City of Brooklyn Center adopted Resolution No.
2001 -113 on August 13, 2001, which amended the fees to be charged for rental dwellings; and
WHEREAS, the City Council has determined that it wishes to establish a minimum
fee for multiple family dwellings to offset the expenses incurred by the City for rental inspection and
prosecution services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, to amend the City's fee schedule for rental dwelling licenses as
follows:
Rental Dwellings Biennial Fee
Multiple Family Dwelling
Each Building $150
Each Unit $10
Minimum Fee $450
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 oted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Office of the City Clerk
City of Brooklyn Cetzter
A Millennium Community
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk
DATE: February 12, 2004
SUBJECT: Rental License Fees
In May 2001 the City Council reviewed and discussed rental license fees. In August 2001 the City
Council adopted a resolution increasing rental dwelling license fees to offset the expenses incurred by
the City for rental inspection and prosecution services. The new fees were effective in 2002.
The biennial fee structure adopted in 2001 included two rates, one for single and two family dwellings
($150 per unit), and another for multiple family dwellings ($l50 /bldg., plus $10 /unit). For many rental
properties the current fee structure recovers the costs to the City for rental inspection. However, the
multiple family dwellings in which there is one building with 14 or fewer units pays a rental license fee
of $160 to $290, less than the two family license fee of $300. Of the City's 68 multiple family
dwellings, there are 41 complexes whose rental license fees are less than that of a two family dwelling.
The license fee for these 41 multiple dwelling complexes does not cover the costs associated with
providing rental inspection and prosecution services.
A fee survey of other cities that license rental property has been completed and the results are attached.
The fee structure varies by city, with some issuing annual licenses and others setting fees per unit only
or charging flat rate fees per unit group. I've converted each city's data to a two -year license fee in
order to make an accurate comparison.
The fee structure the City has established could remain the same, however, to cover the costs of City
rental inspection services, a minimum rental license fee of $450 for multiple family dwellings could be
established. The fee would generate approximately $10,000 of revenue to cover the inspection costs.
I've attached a resolution that would amend the rental license fees and establish the minimum fee for
multiple family dwellings.
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.cityofbrooklyncenterorg
Rental License Fee Comparison To Other Cities February 2004
License Fee for Multi Family Dwellinqs 1
lBrooklyn Center $150 /bldq, plus $10 /unit (Two -year fee) OR $75 /bldq, plus $5 /unit Annually
Brooklyn Park $165/1 -14 units; $11 /unit for 15+ units Arnual Fee)
1Crystal 1$120 /bldg, plus $5 /unit (Annual fee)
JNew Brighton 1$9.30 /unit (Annual fee)
Robbinsdale $200/3 unit; $250/4 -12 units +$100. S15 /unit for 13+ units (Two -year fee) OR
$100/3 unit; $125/4 -12 units +S50. $7.50 /unit for 13+ units Annually
1TWO -YEAR RENTAL LICENSE FEES (Brooklyn Center compared to two -year cost for other cities)l
1 Brooklyn Center Brooklyn Park (Crystal 1New Briqhton Robbinsdale I
!Single Family $150 1 ,50 $200 No Fee $1001
iTwo- Family $300 $300 $240 No Fee $1751
11 Bldq w/3 Units $1801 5330 $270 $55.80 $2001
11 Bldq w/4 Units $190 5330 $280 $74.40 $3501
11 Bldg w/5 Units $200 5330 $290 $93.00 $3501
11 Bldq w/6 Units $2101 5330 $300 $111.60 $3501
1,1 Bldq w/7 Units $220 S330 $310 $130.20 $3501
11 Bldq w/8 Units $230 5330 $320 $148.80 $3501
11 Bldq w/9 Units $2401 $3301 $330 $167.40 $3501
11 Bldg w /10 Units $250 $330 $340 $186.00 $3501
11 Bldq w/11 Units $260 $330 $350 $204.60 $3501
11 Bldq w/12 Units $2701 5330! $360 $223.20 $3501
11 Bldq w/13 Units $2601 $330 $370 $241.80 $3651
11 Bldq w/14 Units $290 53301 $380 $260.40 $3801
11 Bldq w/15 Units $300 5330 $390 $279.00 $3951
11 Bldq w/16 Units $310 $352 $400 $297.60 $4101
Revenue Increase With S450 Minimum License Fee
For Multiple Family Dwellings
Of Of Rental License Total Rental Increase
Bldgs Units Fee Under License Fee In Revenue
$150i sioi Current Total Of ;Total Rental If $450 If $450
Bldg Unit Fee Structure Complexes 'License Fees Minimum Minimum
11 3 $1801 1 $180 $450 $2701
11 4 $1901 19 $3,610 $8,550 $4,9401
�1 5 I $200 1 $200 $450 $2501
11 16 $210 2 $420 $900 $4801
1 7 $220 13 $660 $1,350 $690
11 8 $230 11 $230 $450 $2201
11 10 j $250 1 $250 $450 $200
11 11 $2601 9 $2,340 1 $4,050 $1,710!
11 12 $270 f4 $1,080 $1,800 $7201
11 18 $330 1 $330 $450 $1201
11 22 $370 1 $370 1 $450 $80
I1 24 $390 1 $390 $450 $601
12 8 $380 1 $380 $450 $701
45 1 440 $20 250 39 810
Member Ed Nelson introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2001 -113
RESOLUTION AMENDING THE SCHEDULE FOR RENTAL DWELLING
LICENSE FEES
WHEREAS, the City Council of the City of Brooklyn Center adopted Resolution No.
97 -180 on October 14, 1997, which amended fees to be charged for various City licenses, including
rental dwellings; and
WHEREAS, the City Council has determined that it wishes to increase the fees for
rental dwelling licenses to offset the expenses incurred by the City for rental inspection and
prosecution services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to amend the City's fee schedule for rental dwelling licenses as follows:
Rental Dwellings Biennial Fee
Single Family Dwelling $150
Two Family Dwelling
First Unit $150
Second Unit $1 50
Multiple Family Dwelling
Each Building $150
Each Unit $10
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center
that this resolution shall be effective January 1, 2002.
August 13, 2001
Date Mayo;
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Kay Lasman
and upon vote being taken thereon, the following voted in favor thereof:
Myrna Kragness, Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
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: September 20, 2005
Re: Mr. Neu's Observations and Conclusions: City Council Workshop September 14,
2005
Attached is Mr. Neu's report on the September 14"' City Council Workshop for City
Council review prior to its placement on a regular agenda for acceptance.
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
Brooklyn Center City Council Leadership Workshop
Conducted September 14, 2005
Observations and Conclusions Made by the Workshop Participants.
1. Opportunity Site (Discussion involved all council members, the City Manager,
and the Assistant City Manager)
What is /are issue(s) we need to address?
Options
Pros /Cons consequences associated with each proposed option
Resolution direction by city council.
Opportunity Site
Issues: Education of public
Direction from city council re: opportunity site
North Brook inclusion (communication with Hmong
Comm.)
Eminent Domain
Risk mitigation
Brookdale Ford Car Dealership
Key opportunity for the City.
a. North Brook
Damon Farber will solicit input from Hmong Chamber of Commerce, etc.
including opinions form Hmong residents within the city.
Invitation to Hmong leaders explore our ability to get participation and enhance
outreach.
b. Opportunity Site worthwhile project.
C. Next Steps
Task Force has to complete and report its conclusions (Feb. /March 06)
Determine development strategy (probably master developer for
Opportunity site)
(North Brook separate development proposal)
Determine resolution of Brookdale Ford if acquiring other land parcels in
Phase 1
Fiscal analysis by Springsted to create negotiations and financing
approaches. (Jan -Feb 06)
1
City decide on how it wants to proceed with opportunity site (planned
approach) and manage the process to conclusion. This will include
creation and adoption of city approved Master Plan consistent with Task
Force input.
Communicate with public
Select phased "start dates"
2. Discussion about Council as contrasted to Council Members (Council members
only participating)
Council Council Members
Rules procedures Be prepared
Effective use of council time and Act as a council member
coming to a decision Be accountable for one's behavior
Act as a council (team) and effect on council
Norms governing behavior and Values respect differences
procedures Title a council member is seen
Use of workshops by public as a "council member"
Mission Focus as basis for council even if speaking on an issue as a
decision making private citizen
Decorum at meetings
Proposed topics for March, 2006 (Date to be determined) Council Leadership
Workshop:
Review of Council Goal Setting Process: consider updating the City's goals
and establishing specific performance outcomes to be achieved for each goal
during the calendar year.
Establishing a revised City Manager Evaluation Process focusing on fulfilling
position responsibilities, achieving specific performance objectives, and the
on-the-job demonstration of defined position- related competencies expected
of the City Manager.
4. City Council Goals for 2006.
2006 City Council Goals
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 2006. Goals and 4 are reflective of the Council's
commitment to sustain the efforts these goals addressed because of their
extreme importance to the community.
2
The goals, listed below. established for 2005 are carried forward as
Council's Goals for 2006.
Goal No. 1: Create a New ,Brooklyn Center "Downtown" Blueprint
Goal No. 2: Continue Funding of Community Services.
Goal No. 3: Sustain Code Enforcement, Crime Prevention, and
Traffic Enforcement Efforts.
Goal No. 4: Continue the Street Reconstruction Program.
Page 1 of 1
Michael McCauley
From: Kathleen Carmody
Sent: Tuesday, August 30, 2005 2:18 AM
To: Michael McCauley
Subject: Watershed Representation
Mike,
Could you please put a discussion topic on the work session concerning the watershed management
representation?
1 think that since the watershed is seriously considering ad valorem taxes across the Shingle Creek Watershed
and perhaps, in the future, the West Mississippi Watershed we should have a council member be the
representative. However, I do not feel the council member should have carte blanche to vote however he or she
feels. I would like it structured so that the representative to the watershed would vote as the majority of the
council would like. If that does not occur, the council member would be replaced immediately with one that does
vote in accordance with the council wishes.
1 just sense that the watershed will continue to be a source of both potential solutions and potential problems and
I would like a better understanding of what is going on there.
I am wondering if we should invite Grady Boeck. I don't want him to think that we don't appreciate his work or the
time he takes for these issues. I just would like to say that taxes are being raised and let the residents have some
one to hold accountable. I don't think it is fair to put Grady in that position.
If you have other thoughts, you can include them in the packet. I am wondering if we have too much stuff on the
September 12 agenda and maybe, if necessary, we can discuss it at the September 26 meeting.
Kathleen Carmody
I
09/20/2005