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HomeMy WebLinkAbout2005 10-10 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION October 10, 2005 6:00 P.M. City Council Chambers 1. City Council Discussion of Agenda Items and Questions 2. Discussion of Work Session Agenda Items as Time Permits 3. Miscellaneous 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center October 10, 2005 AGENDA 1. Informal Open Forum With City Council 6:45 p.m. provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 7 p.m. 3. 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 22, 2005 Emergency Meeting 2. September 26, 2005 Study Session 3. September 26, 2005 Regular Session 4. September 26, 2005 Work Session b. Licenses C. Resolution Approving Final Registered Land Survey for Apple American Limited Partnership of Minnesota CITY COUNCIL AGENDA -2- October 10, 2005 d. Resolution Awarding rdin a Contract with h Short Elliott Hendrickson, Inc. for Professional Engineering Services, Improvement Project No. 2005 -05, Twin Lake Avenue Reconstruction e. Resolution Amending the 2005 Central Garage Budget to Provide for the Early Order/Purchase of One Tandem Axel Dump Truck, Equipment No. 11 g f. Receive and Accept Report on 5013 66th Avenue North Proposed Special Assessment for Delinquent Public Utility Service Account 8. Planning Commission Item a. Planning Commission Application No. 2005 -014 Submitted by GiGi Yanis requesting a Special Use Permit to conduct a home occupation that involves customer traffic at 5549 Brooklyn Boulevard. The Planning Commission recommended approval of this application at its September 29, 2005, meeting. Requested Council Action: Motion to approve Planning Commission Application No. 2005 -014 subject to the conditions recommended by the Planning Commission. 9. Council Consideration Items a. Proclamation Declaring October 16 through 22, 2005, to be Administrative Services Week Requested Council Action: Motion to adopt proclamation. b. Resolution Receiving and Accepting Observations and Conclusions Report Prepared by Carl H. Neu, Jr. Requested Council Action: Motion to adopt resolution. C. Resolution Designating the National Incident Management System (NIMS) as the Basis for all Incident Management in the City of Brooklyn Center Requested Council Action: Motion to adopt resolution. d. Resolution Awarding a Professional Services Contract for Storm Water Management Planning Services Requested Council Action: Motion to adopt resolution. CITY COUNCIL AGENDA -3- October 10, 2005 e. Amended Resolution Authorizing Additional Expenditures for Storm Clean -Up and Response Requested Council Action: —Report on storm cleanup. Motion to adopt resolution. f. Resolution Amending the Schedule for Rental Dwelling License Fees -Requested Council Action: Motion to adopt resolution. 10. Adjournment City Council Agenda Item No. 7a C�o f Y C� I management company as compared to 24 single family dwellings and working with 24 different owners. Councilmember Carmody raised the issue of a fee structure that would create a higher initial license fee for single family dwellings and then a lower fee for renewal. Councilmember O'Connor expressed concern about the disparity between the three types of license feesAShe said she could consider Councilmember Carmody's idea of a higher initial fee for single family dwellings and then a lower renewal fee. j 1�, I plt f a i l y A e l l` aii 1 4 *a- M q a 4 A �FSO P Q� 6 re- Y� Lt CS k/ Mayor �ragnes ssraid tfiPlee structure should differentiate on whether both sides of a duplex are rented. Councilmember Carmody stated the fee structure shouldn't increase license fees for multiple family dwellings to subsidize single family rental dwelling costs. She said the fees should be set according to who is using the most staff time. Councilmember Niesen said the City should be proactive with the rental license program and inquired if an inspection checklist is mailed to rental property owners before an inspection is done so the rental property owner knows what needs to be up to code. Mr. McCauley responded he had requested copies of the materials that a rental property owner receives and will provide those copies for the Council. Councilmember Lasman said there is a cost factor with the inspector's time, but there also tends to be other cost factors with rental property (i.e., code enforcement, neighbor disputes). She noted there is a different trend now with single family rental dwellings, and she is not willing to lower the license fees, as she would rather see homeownership. ADJOURNMENT Councilmember Carmody moved and Councilmember Niesen seconded adjournment of the Study Session at 6:45 p.m. Motion passed unanimously. City Clerk Mayor 09/26/05 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA EMERGENCY MEETING SEPTEMBER 22, 2005 CITY HALL COUNCIL CHAMBERS 1. CALL TO ORDER An emergency meeting of the Brooklyn Center City Council was called by Mayor Myrna Kragness regarding storm clean -up and response. The meeting was called to order at 4:30 p.m. 2. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen. Councilmember Mary O'Connor arrived at 4:31 p.m. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Police Chief Scott Bechthold, and City Clerk Sharon Knutson. 3. UPDATE ON STORM RESPONSE City Manager Michael McCauley showed a PowerPoint presentation that provided an update on the September 21 storm damage response. The presentation was outlined as follows with regard to the situation and initial debris removal: no reported injuries in Brooklyn Center supply of temporary STOP signs have been exhausted; seeking mutual aid from other cities for signs, as well as equipment 8 of the 10 City buildings did not lose power; Earle Brown Heritage Center was without power until 2:30 p.m. and Centerbrook Golf Course continues to be without power small nuisance fires generated by energized power lines initial removal of tree debris contracted with Arbor Design Tree Service City crews keeping lift stations going with generators, removing debris, and cleaning catch basins, wells operating on generators sufficient supply of water Xcel Energy has restoration of power to wells and lift stations as priority inspectors surveying damage to homes, limited gas main damage The presentation continued as follows with regard to communication, Council action, disposal, resident assistance, and costs: proposing to send letter to residents with information on a curbside pick -up, emergency telephone numbers, registered tree contractors, and tips (i.e., check flues and chimney for blockage and damage, don't pay in advance and check out contractors) 09/22/05 -1- DRAFT requesting resolution to authorize continuation of efforts started and proposed contract with Arbor Design Tree Service for tree removal and disposal services for an amount not to exceed $175,000 contract with Market Street Energy Company LLC for tree grinding and disposal for an amount not to exceed $65,000 make arrangements with the owner's of the former Jerry's New Market site to use the site for the storage and processing of downed trees and related vegetative materials provide resident assistance continuously to remove tree branches, limbs, and trunks placed at the curb by October 10, with the last pass through beginning October 10 estimated costs include Arbor Design Tree Service (11 days $15,000 per day); Market Street Energy Company (14 days $4,500 per day plus $600 mobilization); and miscellaneous [i.e., mailing to residents ($1,500 to $2,000), generators, tree removal equipment, City employee overtime, and security for disposal site] Director of Public Works /City Engineer Todd Blomstrom addressed the Council and said the backup generator power for the water system maintained water quality standards. He further commented that the initial response after the storm was to remove debris and open up the roadways and emphasized that the clean -up will take time, up to several weeks. Mr. McCauley displayed an overhead of a map of the City divided into ten zones detailing the calls for service that were logged by dispatch the night of the storm (i.e., tree down, tree blocking road, flooding, power lines down, and gas odor). He said the inspectors were doing a block -by- block inspection of structural damage, logging/tracking trees on houses and building issues. Councilmember Niesen inquired what size trees need to be cut to be placed on the curb. Mr. Blomstrom responded the maximum length is twelve feet. P g Councilmember Niesen inquired what the City would do after the deadline for curbside pick -up of tree debris. Mr. McCauley responded the City would eventually issue compliance orders after a grace period. Councilmember Niesen inquired what funding source would pay for the costs of this clean -up. Mr. McCauley responded that it would be the emergency fund and it would be built back up with interest earnings. Councilmember O'Connor inquired if insurance would cover the cost of tree removal. Mr. McCauley responded that it would not if there was no damage to the house. 09/22/05 -2- DRAFT I 3a. RESOLUTION AUTHORIZING EXPENDITURES FOR STORM CLEAN- UP AND RESPONSE Councilmember Niesen moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -140 Authorizing Expenditures for Storm Clean -Up and Response. Motion passed unanimously. 4. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the emergency meeting at 4:56 p.m. Motion passed unanimously. City Clerk Mayor 09/22/05 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 26, 2005 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kay Lasman and Mary O'Connor. Councilmembers Kathleen Carmody and Diane Niesen were absent and unexcused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, and City Clerk Sharon Knutson. Councilmember Diane Niesen arrived at 6:07 p.m. Councilmember Kathleen Carmody arrived at 6:15 p.m. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember O'Connor said she had submitted a correction to the September 12, 2005, Regular Session minutes. The correction was on page 12 deleting the words "introduced the following resolutions and" from the language under Resolution No. 2005 -132, which read, "Councilmember Carmody introduced the following resolutions and moved their adoption: She said Councilmember Carmody did not introduce the resolutions. Councilmember O'Connor inquired if the project area for Item No. 7c, 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 was near the Earle Brown Heritage Center. City Manager Michael McCauley responded affirmatively. Councilmember Carmody inquired if the improvement project would help with the topography of the roadway on Humboldt Avenue. She explained the road is hilly /wavy and in the winter is icy at the intersection of 69th and Humboldt Avenues. Mr. Blomstrom responded that the City will evaluate the capacity of the storm system. He noted the roadway needs to have a grade and slope to drain stormwater to catch basins. Councilmember Lasman discussed Item No. 8d, An Ordinance Amending Chapter 13 of the City Code of Ordinances Relating to Parks and Recreation. She said the reason for the change in park 09/26/05 -1- DRAFT opening hours from 6 a.m. to 5 a.m. was because of early morning joggers. She also noted that there is a citizen's guide that lists park hours that will need to be updated. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS REVIEW OF CARL NEU'S OBSERVATIONS AND CONCLUSIONS FOR THE SEPTEMBER 14 CITY COUNCIL WORK SESSION Mr. McCauley said Mr. Neu had prepared his report from the September 14 City Council retreat and it was offered for any comment and/or correction. After review, the report would be placed on the next Council agenda for acceptance in resolution format. Mayor Kragness inquired if any Council Member had any comments regarding the report. Councilmember O'Connor said she didn't agree with all of the issues, but they were the consensus of the group. MISCELLANEOUS Mr. McCauley provided the Council Members with an update on the September 21 storm damage. He said he could make a PowerPoint presentation at the Regular Session Council meeting. Mayor Kragness raised the issue of whether or not there was any type of reforestation program that the City could look into. She also inquired if residents could get wood chips from the former Jerry's New Market site. With regard to wood chips, Mr. McCauley responded that there would be safety issues at the former Jerry's New Market site; Mr. Blomstrom added there is a stockpile of wood chips available for residents at Evergreen. DISCUSSION OF RENTAL HOUSING LICENSE FEES Councilmember Carmody referred to the current fee structure and the alternate scenarios for rental licensing fees She noted that the single family license fees are three to four times that of the multiple family dwelling units and inquired if the inspection of single family dwellings take three to four times as much time as the multiple family dwelling units and whether duplexes takes up to 1 '/s times more. She said she wants to be able to justify that it really takes that much time to do the inspections. Mr. McCauley responded that about 65 percent of the inspectors' time is spent on single family dwellings and noted that there are multiple notices sent to single family rental property owners requesting inspections or compliance. He explained with multiple family dwellings the inspectors do a sampling rather than inspect every unit, unless there is a need for a complete unit -by -unit inspection. He said that licensing 24 units in an apartment complex is working with one owner or 09/26/05 -2- DRAFT management company as compared to 24 single family dwellings and working with 24 different owners. Councilmember Carmody raised the issue of a fee structure that would create a higher initial license fee for single family dwellings and then a lower fee for renewal. Councilmember O'Connor expressed concern about the disparity between the three types of license fees. She said she could consider Councilmember Carmody's idea of a higher initial fee for single family dwellings and then a lower renewal fee. Mayor Kragness said the fee structure should differentiate on whether both sides of a duplex are rented. Councilmember Carmody stated the fee structure shouldn't increase license fees for multiple family dwellings to subsidize single family rental dwelling costs. She said the fees should be set according to who is using the most staff time. Councilmember Niesen said the City should be proactive with the rental license program and inquired if an inspection checklist is mailed to rental property owners before an inspection is done so the rental property owner knows what needs to be up to code. Mr. McCauley responded he had requested copies of the materials that a rental property owner receives and will provide those copies for the Council. Councilmember Lasman said there is a cost factor with the inspector's time, but there also tends to be other cost factors with rental property (i.e., code enforcement, neighbor disputes). She noted there is a different trend now with single family rental dwellings, and she is not willing to lower the license fees, as she would rather see homeownership. ADJOURNMENT Councilmember Carmody moved and Councilmember Niesen seconded adjournment of the Study Session at 6:45 p.m. Motion passed unanimously. City Clerk Mayor 09/26/05 -3- DRAFT Z i 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 26, 2005 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom City Attorney Charlie LeFevere and it Y Y City Clerk Sharon Knutson. Roger Kloster, 7223 Lee Avenue North, addressed the Council regarding the September 21 storm, and inquired when the emergency sirens sound. He stated he was concerned about the unannounced solicitors for contract services that were trying to take advantage of the situation. Mayor Kragness said the tree contractors need to be registered with the City, however, with regard to other contract services, residents need to check them out with the State or Better Business Bureau before hiring them. Jeanette Messersmith, 5340 Queen Avenue North, addressed the Council regarding the rental license fees for duplexes. She requested special consideration when the owner lives in one side of the duplex. She reviewed her expenses with rental property and asked for the Council to consider modifying its fees. Councilmember Carmody said the Council would be discussing this issue at its Work Session which follows the Regular Session meeting and suggested she stay for that discussion. Rex Newman, 3107 61 st Avenue North, addressed the Council and distributed an update on Comcast and Northwest Community Television. Councilmember Carmody moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:55 p.m. Motion passed unanimously. 09/26/05 -1- DRAFT 2. INVOCATION Father Jimmy Pham, St. Alphonsus Parish, offered the invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7 :00 p.m. 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, 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, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember O'Connor reported she attended the Housing Commission meeting. She said the Housing Commission suggested that the City Watch resident newsletter contain an article on housing ordinances and that there could possibly be a pamphlet for new homeowners. She stated that one of the Commissioners had reported that there are rapes and drug dealing going on behind the Humboldt Square Shopping Center and suggested more lighting back there. She said that when she informed the Housing Commission about the issue regarding vehicles in yards being sent to the Planning Commission for review, the Housing Commission indicated that it had already completed the work regarding vehicles in yards and reported back to the Council. She said one of the Housing Commissioners inquired about its composition and wondered if it was being phased out, what its future is, and wants direction from the Council for next year. She said she would like to bring back the information that the Housing Commission presented to the Council regarding vehicles in yards, and she doesn't think the Planning Commission needs to study this issue. She reported her attendance at the Northwest Community Television NWCTV) Open House. She said the federal government wants to put more competition into cable companies, which may hurt the local issues. She said there will be a resolution that NWCTV would like the cities to support, and she will provide a copy to be distributed to Council Members. She said she is grateful for all the work that has been done by the emergency management team and City staff members after the September 21 storm, and she thanked the residents for getting their wood picked up and to the curb. Councilmember Lasman reported that on September 15 she attended the first Special Events Committee meeting. She said the Committee meets to prepare for the annual birthday party and community awards which will be held on February 4 at Earle Brown Heritage Center. On 09/26/05 -2- DRAFT September 20, she attended the Park and Recreation Commission meeting. She said the Commission is reviewing the Capital Improvement Program for a five -year park plan; discussing new definitions for Community Center memberships, which will be more inclusive and give a better reflection of our families in Brooklyn Center; giving consideration to resident versus non resident fees for some of the heavily used programs and use of park shelters. Councilmember Carmody reported she was still without power at her home and that she had hauled a lot of brush. Councilmember Niesen reported she enjoyed the September 14 Council retreat, which helps the Council work better as a team and they work on setting goals. She expressed her condolences to the storm victims. She thanked the City staff for their response, and asked residents to offer suggestions for emergency response. Mayor Kragness expressed her appreciation to City crews for clearing streets and working through this situation. She said there was a letter prepared to be mailed to every home in the City and hopefully residents will be getting it soon. She expressed her appreciation to the residents for quickly removing their tree debris, and hopes that there could be a plan to reforest the City again. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent agenda and agenda as amended, removing the September 12, 2005, City Council Regular Session Minutes from the Consent Agenda to Council Consideration Item No. 8i and adding a presentation on the storm damage update after the Consent Agenda. Motion passed unanimously and the following consent items were approved: 7a. APPROVAL OF MINUTES September 12, 2005, Study and Work Session. 7b. LICENSES MECHANICAL C B Heating Air 18851 165 Street NE, Foreston Suburban Air 1290 B Osborne Road NE Fridley PRIVATE KENNEL Lynn Amacher -Malm 5420 Fremont Avenue North RENTAL Renewal: 420065 1h Avenue North (Single Family) Desi Klempay 3618 Commodore Drive (Single Family) Tou Thao 09/26/05 -3- DRAFT 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 7:00 p.m. 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember O'Connor reported she attended the Housing Commission meeting. She said the Housing Commission suggested that the City Watch resident newsletter contain an article on housing ordinances and that there could possibly be a pamphlet for new homeowners. She stated that one of the Commissioners had reported that there are rapes and drug dealing going on behind the Humboldt Square Shopping Center and suggested more lighting back there. She said that when she informed the Housing Commission about the issue regarding vehicles in yards being sent to the Planning Commission for review, the Housing Commission indicated that it had already completed the work regarding vehicles in yards and reported back to the Council. She said one of the Housing Commissioners inquired about its composition and wondered if it was being phased out, what its future is, and wants direction from the Council for next year. She said she would like to bring back the information that the Housing Commission presented to the Council regarding vehicles in yards, and she doesn't think the Planning Commission needs to study this issue. She reported her attendance at the Northwest Community Television NWCTV) Open House. She said the federal government wants to put more competition into cable companies, which may hurt the local issues. She said there will be a resolution that NWCTV would like the cities to support, and she will provide a copy to be distributed to Council Members. She said she is grateful for all the work that has been done by the emergency management team and City staff members after the September 21 storm, and she thanked the residents for getting their wood picked up and to the curb. Councilmember Lasman reported that on September 15 she attended the first Special Events Committee meeting. She said the Committee meets to prepare for the annual birthday party and community awards which will be held on February 4 at Earle Brown Heritage Center. On O 09/26/05 -2- DRAFT September 20, she attended the Park and Recreation Commission meeting. She said the Commission is reviewing the Capital Improvement Program for a five -year park plan; discussing new definitions for Community Center memberships, which will be more inclusive and give a better reflection of our families in Brooklyn Center; giving consideration to resident versus non resident fees for some of the heavily used programs and use of park shelters. Councilmember Carmody reported she was still without power at her home and that she had hauled a lot of brush. Councilmember Niesen reported she enjoyed the September 14 Council retreat, which helps the Council work better as a team and they work on setting goals. She expressed her condolences to the storm victims. She thanked the City staff for their response, and asked residents to offer suggestions for emergency response. Mayor Kragness expressed her appreciation to City crews for clearing streets and working through this situation. She said there was a letter prepared to be mailed to every home in the City and hopefully residents will be getting it soon. She expressed her appreciation to the residents for quickly removing their tree debris, and hopes that there could be a plan to reforest the City again. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent agenda and agenda as amended, removing the September 12, 2005, City Council Regular Session Minutes from the Consent Agenda to Council Consideration Item No. 8i and adding a presentation on the storm damage update after the Consent Agenda. Motion passed unanimously and the following consent items were approved: 7a. APPROVAL OF MINUTES September 12, 2005, Study and Work Session. 7b. LICENSES MECHANICAL C B Heating Air 18851 165 Street NE, Foreston Suburban Air 1290 B Osborne Road NE, Fridley PRIVATE KENNEL Lynn Amacher -Maim 5420 Fremont Avenue North RENTAL Renewal: 420065 th Avenue North (Single Family) Desi Klempay 3618 Commodore Drive (Single Family) Tou Thao 09/26/05 -3- DRAFT 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: 522465 th Avenue North (Single Family) Nick Morris 5712 Bryant Avenue North (Single Family) Shoua Vang 5800 Drew Avenue North (Single Family) Noah Lindsey 7c. 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 RESOLUTION NO. 2005-141 7.5 PRESENTATION Mr. McCauley showed a PowerPoint resentation on the storm damage update and resented the p g p p following information: approximately 16,500 Brooklyn Center customers lost electric service on September 21 there were still 2,278 properties without power as of 4:25 p.m. on September 26 Xcel Energy anticipates that a majority of service will be restored by 11 p.m. on September 26 restoration was delayed due to the number of power poles that were damaged electrical power restored to 8 of 9 water supply wells and all sanitary sewer pumping stations all City traffic signals repaired and operating additional repairs will follow if residents could please remove leaves and debris from the storm sewer grate along the curb in front of their home to prevent street flooding debris clean -up sweep done in the far northwestern and far southeastern corner of the City, now concentrating east of Brooklyn Boulevard moving east to the Palmer Lake area and the western portion of the southeastern neighborhood, when additional equipment is available, the clean -up will continue from the river area to the west owner of former Jerry's New Market site has allowed the City to use the site as tree debris drop -off site for residents materials will be ground and turned into wood chips, then hauled away and burned for electricity all tree debris cut into twelve -foot or shorter segments and should be placed at the street curb by October 10 Public Works will establish clearing schedule; the City is receiving some mutual aid from other cities residents should report street light damage to Public Works residents re can resume normal water usage Councilmember Carmody said there are a number of tree trimming services driving through the neighborhoods price gauging. She inquired who is liable if a person is hurt on the property. City 09/26/05 -4- DRAFT Attorney Charlie LeFevere responded that as independent contractors they are not employees, and you would not be liable unless you caused or created a dangerous situation or wrongful act. 8. COUNCIL CONSIDERATION ITEMS 8a. PROCLAMATION DECLARING OCTOBER 2005 AS TOASTMASTERS MONTH Mayor Kragness read a Proclamation Declaring October 2005 as Toastmasters Month. Councilmember Carmody moved and Councilmember Lasman seconded adoption of a Proclamation Declaring October 2005 as Toastmasters Month. Councilmember O'Connor voted against the same. Motion passed. 8b. PROCLAMATION DECLARING OCTOBER 9-15,2005, TO BE FIREFIGHTER RECOGNITION AND FIRE PREVENTION WEEK Mayor Kragness read a Proclamation Declaring October 9 -15, 2005, to be Firefighter Recognition and Fire Prevention Week. Councilmember Carmody moved and Councilmember Lasman seconded adoption of a proclamation Declaring October 9 -15, 2005, to be Firefighter Recognition and Fire Prevention Week. Motion passed unanimously. 8c. RESOLUTION APPROVING AMENDMENT TO THE FIRE DEPARTMENT RELIEF ASSOCIATION BY -LAWS RESOLUTION NO. 2005 -142 Mr. McCauley said the Council received the Van Iwaarden report last year and approved a resolution that increased the Fire Department Relief Association pension benefit level to $6,000 per year of service. He said the resolution also directed a review of the lump sum benefit in August 2005 since the benefit level is below the maximum amount of $7,500. He said there has been movement on one of Springsted's recommendations to have greater liquidity that would provide a present ability to fund pension payouts without having to potentially suffer from market fluctuations in the same fashion as if they were fully invested in mutual funds and stocks. He stated the risk to the City is that the City is required to make up deficiencies. He said the analysis indicates that based on current projections, the City should be able to sustain an increase. He introduced Deputy Chief Kent Korman. Deputy Chief Korman p y showed a PowerPoint presentation and reviewed the requirements of serving as a firefighter g and the Fire Department's statistics. He reviewed the pension history, noting that the Fire Department does not pay its firefighters run pay for responding to fire and emergency calls because the City has allowed the Fire Department to increase its lump sum benefit to the maximum 09/26/05 -5- DRAFT allowed by State Statutes. He said the City has not had to contribute to the pension since 2002. He stated that an increased pension helps the department retain volunteer firefighters. He asked for Council support and endorsement of the request in the increased pension, and said the actuary supports the increase of the benefit amount without additional costs to the City. Councilmember O'Connor inquired if this is a one -time lump sum payment. Deputy Chief Korman responded affirmatively and explained that full pension is with 20 years of service and those serving between 10 and 20 years receive a reduced pension, payable at age 50. He explained there are some retired firefighters and widows who receive pension under the previous pension system, which is a monthly payout. Councilmember Niesen asked if the rates change each year, does the pension accumulate based on the rate per year or at the current rate. Mr. McCauley responded the person would receive the current rate at the number of years of service. Councilmember Niesen inquired if the pension fund is pooled with other agencies. Mr. McCauley responded it is a single Relief Association. Councilmember Niesen inquired if it is a requirement or option to take the lump -sum pension payment. Deputy Chief Korman responded that the pension plan for active firefighters is only lump sum. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -142 Approving Amendment to the Fire Department Relief Association By -Laws. Motion passed unanimously. 8d. AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE OF ORDINANCES RELATING TO PARKS AND RECREATION Mr. McCauley said this item is a recommendation of the Park and Recreation Commission. He stated there are some minor housekeeping changes to make the terminology consistent with current departmental structures and to add trails and waterway to the definition of "Parks and Open Spaces." He said the more significant change is in park closing hours, with the recommendation of parks closed 10:00 p.m. to 5:00 a.m.; currently it reads, "10 p.m. to 6 a.m. or one -half hour before sunrise, whichever is earlier which can be confusing. Councilmember Lasman moved and Councilmember Niesen seconded approval of first reading of An Ordinance Amending Chapter 13 of the City Code of Ordinances Relating to Parks and Recreation and set second reading and Public Hearing for October 24, 2005. Motion passed unanimously. 09/26/05 -6- DRAFT 8e. RESOLUTION AUTHORIZING AMENDMENT #1 TO PERSONAL /PROFESSIONAL SERVICE AGREEMENT BETWEEN THE COUNTY OF HENNEPIN AND THE CITY OF BROOKLYN CENTER RESOLUTION NO. 2005-143 Mr. McCauley said the Council previously authorized an agreement with Hennepin County to participate in a joint project that involves training cadets and diversity outreach that is also jointly being undertaken with Brooklyn Park. He said it was anticipated that it would be a multi -year grant, but what Hennepin County sent previously was effective only through 2005 and this would be an amendment to extend it through December 2007. There was discussion regarding the scope of services, hiring and training of cadets, and joint participation with Brooklyn Park. Councilmember Lasman moved and Councilmember Niesen seconded adoption of RESOLUTION NO. 2005-143 Authorizing Amendment #I to Personal/Professional Service Agreement Between the County of Hennepin and the City of Brooklyn Center. Motion passed unanimously. 8f. AN ORDINANCE RELATING TO RENTAL DWELLINGS AND NON- CONFORMING USES; AMENDING CITY CODE SECTIONS 12- 901,12 -902, AND 35 -111 Mr. McCauley stated that some months ago there was a proposal from the Community Development Department with respect to rental dwellings and a registration system for those units that were in an R1 zone that were being used in an R2 fashion. He said Mr. LeFevere has reviewed the ordinance as well as the question relating to when a non conforming use or structure is discontinued. He said the review of that indicated to eliminate one of the proposals that had been presented last spring. He stated a structural non conformity is maintained by virtue of the fact that the structure remains in non conformance i.e. traditional duplex). He said the proposal before the Council eliminates that P p prior suggestion of a registration system for non conforming uses and simply clarifies that if an applicant withdraws their license request, there fee is refunded after deducting costs incurred to the point of withdrawal. He said it also incorporates language from State Statute relating to a time period of 180 days within which to apply for a building permit in the event that 50% of the non- conforming use is damaged. Councilmember Niesen said she supports this ordinance amendment She said she would also like to continue some of the work that she submitted to the Housing Commission with regard to the homestead issue and the memo that she gave to the Council reviewing definitions of duplex and rental as it relates to people who have homesteaded their property. Mr. McCauley responded that he believes the Council needs to sort out the direction they want to give in terms of that discussion and debate. 09/26/05 -7- DRAFT Councilmember Lasman moved and Councilmember Niesen seconded approval of first reading of An Ordinance Relating to Rental Dwellings and Non Conforming Uses; Amending City Code Sections 12 -901, 12 -902, and 35 -111 and set second reading and Public Hearing for October 24, 2005. Motion passed unanimously. 8g. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2005-144 Councilmember Carmody oved and Councilmember Lasman seconded adoption of RESOLUTION Y p NO. 2005 -144 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees. Councilmember O'Connor voted against the sam i g e. Motion passed. 811. 2005 CITY COUNCIL MEETING SCHEDULE Mr. McCauley said it was planned to have the utilities budget discussion at the October 3 City Council Budget Work Session; however, with the time spent on the storm clean -up and the continuation of the clean -up, there has not been time for the Director of Public Works to put the materials together for that discussion.. He said he requests cancellation of the October 3 Budget Work Session and said there will be a review whether it is advisable to suggest a November 7 Budget Work Session or to combine this with the already scheduled November 21 Work Session. Councilmember Lasman moved and Councilmember Carmody seconded canceling the October 3, 2005, City Council Budget Work Session. Motion passed unanimously. 8i. (FORMERLY CONSENT AGENDA ITEM NO. 7A.2) SEPTEMBER 12, 2005, CITY COUNCIL MEETING MINUTES Councilmember Carmody moved and Councilmember Lasman seconded to amend Council minutes to read that the Mayor introduces the resolutions and list whichever Council Member moves the adoption. Councilmember O'Connor said that usually the Mayor asks the City Manager to introduce the item. Mayor Kragness said that she reads each item and then requests information from the City Manager. Councilmember O'Connor voted against the same. Motion passed. 09/26/05 -g- DRAFT 9. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:09 p.m. Motion passed unanimously. City Clerk Mayor 09/26/05 -9- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION SEPTEMBER 26, 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 8:17 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 City Clerk Sharon Knutson. DISCUSSION OF RENTAL HOUSING LICENSE FEES The City Council continued its discussion from the Study Session of the rental dwelling license fee structure with regard to the potential for an initial fee and renewal fee for single family rental dwellings. Councilmember Lasman stated she could support a $375 fee for initial licenses, with a $300 or $325 renewal fee for single family rental dwellings. Councilmember Carmody said that the March report on inspectors' time spent on rental inspections shows that 65% of the inspectors' time is spent on single family rentals, and therefore does support leaving the single family fee higher. She said it isn't fair to charge other types of rental property higher fees to offset the reduced revenue in single family rental dwellings. Councilmember Lasman agreed with Councilmember Carmody regarding not penalizing multi- family rental dwellings to subsidize single family rental dwellings. She said there must be some performance to justify a lowered renewal fee for single family rental dwellings (i.e., property has not been problematic). Councilmember Carmody discussed setting fees based on the number of times the inspector needs to do a re- inspection and said there could be accusations that the inspectors are failing the inspection to get more money. 09/26/05 -1- DRAFT Mr. McCauley said the City of Brooklyn Park struggled with its rental dwelling fee structure. He said the fee schedule structure is a policy decision for the Council. Jeanette Messersmith, 5340 Queen Avenue North, addressed the Council and said Brooklyn Center is a first -ring suburb and asked why the rental license fees are so skewed compared to other first -ring suburbs. Councilmember Carmody said the taxpayers of Brooklyn Center are subsidizing the rental property inspections and that was as the impetus for changing the fee structure. n P P g g Ms. Messersmith said it is such an extreme increase and she is trying to keep her rents affordable. She suggested self policing like the Association of Rental Management (ARM). Mr. McCauley said it is time consuming to get owners of single family rental property to follow through on inspections. He said there are numerous "get rich, buy rental property" seminars that people are attending and they have no experience with owning and managing rental property. I Ralph Johnson, 5440 Bryant Avenue North, addressed the Council and said they are not absentee landlords; they own duplexes and live on one side. Councilmember Niesen said she would like to discuss the homestead idea, that if your property is homestead you should not have to license the property. She discussed that New Brighton does not inspect one- and two family rental dwellings. She said the City's current provisional license only applies to four -unit dwellings or more. She stated there are a number of absentee landlords, and the homestead definition does reduce inspection costs. She inquired what was the purpose of the $450 minimum and how the fee structure kicks in when it is 24 units or more. Ms. Messersmith said she appreciates the inspection and learns what happens when there is a change in the code. She would like to see some incentive for living in close proximity to the rental property she owns. Councilmember O'Connor suggested that when one side of a duplex is homestead, the other side could have a reduced license fee. Mr. McCauley explained that the Council could rationally reduce the fee for a duplex that is homestead but could not rationally educe the fee of a rental property if it is in close proximity to the Y p P Y P m n' owner. Councilmember O'Connor suggested a fee of $200 for one side of a duplex, which would make the total costs for both sides $400. Councilmember Niesen inquired what information goes out to the rental property owner to notify them of the codes, and what education and skills are needed to be a housing inspector. She discussed the appeal process for rental property owners. 09/26/05 -2- DRAFT Ms. Messersmith inquired if inspectors could make inspections on evening hours or weekends. Mayor Kragness responded the Community Development Department would need to review that issue. Councilmember Niesen inquired how long the City has had three inspectors, how they can keep up if the number of inspections keep increasing, and at what point the City would need to hire an additional inspector. She said she thought a time study had been authorized. Mr. McCauley responded that there is a push and bulge effect with inspections. He said previously they were enveloped in large apartment complexes; the current trend is single family rentals with a lull in multi family dwellings. He stated the prior fee schedule did not cover the costs of administering the rental housing inspections. Councilmember Lasman inquired if the housing inspectors are also building inspectors. Mr. McCauley responded that there is a complement of three inspectors; one building official, one building inspector, and one housing inspector and this group has been very efficient. Councilmember Lasman stated that the inspectors were busy with Brookdale during its renovation. Ms. Messersmith mentioned the Opportunity Site and Northbrook Site will also require inspectors' time. Mr. McCauley said the fee for rental licensing covers the cost of inspections, but does not include the cost of police or code enforcement. He stated that a lower fee for a duplex with one side homestead is defensible, as well as an initial and renewal fee for single family dwellings. Councilmember Carmody suggested $450 for initial single family rental dwellings. Councilmember Lasman said she would consider that fee. Councilmember O'Connor suggested $400 for initial and $300 for renewal single family rental dwellings. Councilmember Lasman summed up the discussion on suggested fees as $400 for initial and $300 for renewal single family dwellings and $200 for one side of a duplex. Mr. McCauley said he would take those fees and run the report and see if there is any adjustment needed for multi- family dwellings. REVIEW OF CARL NEU'S OBSERVATIONS AND CONCLUSIONS FOR THE SEPTEMBER 14 CITY COUNCIL WORK SESSION This item was discussed at the Study Session. 09/26/05 -3- DRAFT DISCUSSION OF WATERSHED COMMISSION APPOINTMENT FOR JANUARY 2006 Councilmember Carmody said she had tried to call Grady Boeck to discuss this issue with him since he is the Brooklyn Center representative for the watershed commissions. She said she would like to recommend that a Council Member be appointed to the watershed commissions because they vote on issues that deal with spending City money without City Council knowledge. Councilmember Niesen said a Council Member could not serve on the watershed commissions. Mayor Kragness said it is City employees who can't serve; and Mr. McCauley said Council Members are residents and could serve. Councilmember Lasman suggested tabling this item until Grady Boeck could be contacted. Councilmember Niesen stated the representative should have a technical background and an understanding of engineering issues. There was discussion regarding the structure of the watershed commissions. Councilmember Niesen volunteered to make a few phone calls and bring information back to the Council. MISCELLANEOUS Councilmember Niesen raised the issue of the warning sirens for the September 21 storm and when they were sounded. Mr. McCauley said he would check with Fire Chief Ron Boman and report back to the Council. Councilmember Carmody showed the Council a returned envelope, including a response letter, that she had addressed to Dai Thao, a gentleman who had written to the Council. She said the address he provided did not exist, so her response did not reach him. Councilmember O'Connor discussed a letter the Council received from Mr. Trepanier. Mr. McCauley said Mr. Trepanier wants to appeal the decision of the inspectors which requires him to hard wire the detectors. He said Mr. Trepanier had been given a substantial period of time in which to complete the work and he is challenging the compliance order. Councilmember O'Connor raised the issue of the schedule of financial services and if the City could eliminate some of the outside services and do them internally or find a cheaper way to do it. Councilmember Carmody said that City staff can not and should not do an audit of the City. Councilmember O'Connor asked to see what the Housing Commission had previously recommended to the City Council regarding the parking of cars in driveways. Councilmember Carmody said the Housing Commission made numerous recommendations, but could not come to consensus. She said they Y initiall were discussin g fences and it mushroomed to other issues from there. She didn't believe there was a specific recommendation to Council. 09/26/05 -4- DRAFT Mayor Kragness said the Housing Commission was having trouble getting a quorum and there was some talk about making the commission smaller. Councilmember Niesen said she had submitted recommendations with regard to Chapter 12 to the Housing Commission. Mayor Kragness said it wasn't submitted with the consent of the Council. ADJOURNMENT Councilmember /Commissioner Carmody moved and Councilmember/ Commissioner Lasman adjournment of the City Council/Economic Development Authority Work Session at 9:39 p.m. Motion passed unanimously. City Clerk Mayor/President 09/26/05 -5- DRAFT City Council Agenda Item No. 7b OX City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Sharon Knutson City lerk Y �Lwlk DATE: October 6, 2005 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on September 26, 2005, are as follows: MECHANICAL Commercial Plumbing Heating Inc. 24428 Greenway Ave, Forest Lake Fore Mechanical 3520 88 Ave NE, Blaine RENTAL Renewal: (All properties had no calls for service) 5400 Irving Ave N (Single Family) Paul Choua Vue 5329 Queen Ave N (Two Family -One Unit) Alvin Stachowski 7110 Riverdale Road (Single Family) James Nelson Initial: (All properties had no calls for service) 1604 68th Lane (Single Family) David Brooks 5301 Dupont Ave N (1 Bldg, 6 Units) Spencer Ung 5316 5320 Russell Ave N (Two Family) Daniel Hedlund 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org City Council Agenda Item No. 7c City of .Brooklyn Center A Millennium Community MEMORANDUM DATE: October 4, 2005 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Approving Final Registered Land Survey for Apple American Limited Partnership of Minnesota On September 12, 2005 the City Council approved Planning Commission Application No. 2005- 011 for the Preliminary Registered Land Survey to create a separate parcel of land for the Applebee's Restaurant at Brookdale Shopping Center. The applicant, Apple American Limited Partnership of Minnesota, is now seeking final approval of the Registered Land Survey from the City Council. The Planning Commission previously recommended approval of the Registered Land Survey (RLS) subject to the following conditions: 1. The final RLS is subject to the provisions of Chapter 15 of the City Ordinances. 2. The final RLS is subject to review and approval by the City Engineer. 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. Attached for consideration is a City Council resolution to approve the final Registered Land Survey for Apple American Limited Partnership of Minnesota, subject to the conditions as specified in the attached resolution. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING FINAL REGISTED LAND SURVEY FOR APPLE AMERICAN LIMITED PARTNERSHIP OF MINNESOTA WHEREAS, the City Council, on September 12, 2005 approved a Preliminary Registered Land Survey to create a separate parcel of land for the Applebee's Restaurant at Brookdale Shopping Center; and WHEREAS, Apple American Limited Partnership of Minnesota has applied for final approval of said Registered Land Survey as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Final Registered Land Survey for Applebee's Restaurant at Brookdale Shopping Center is hereby approved, subject to the following conditions: 1. Conditions as previously recommended by the Planning Commission and approved by the City Council 2. Any additional requirements for providing a cross access agreement, utility access agreement and evidence of title satisfactory to the City Attorney. 3. Any other conditions as established by Hennepin County for recording of said Registered Land Survey. 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. 06f! TRacT A TRACT A t y =i._ `4 ,•qr� 1 lY!), 1 R d Cj o tv o f TRACT 1ws A O 1 PA1.1 y 00 "8b1.1 4'00'I•- O ^�i C7 P ee TRACT ,pp o :e'zo4e ooa §m N0. x Y�� 4�� s tA Sues ',1�io.'e°pti "L 1469 xel• 4e p z> oo•a p d cn lso 5 ��6' y F•,x A t .e4az E`' N 61'i' �i O 14 i.: x47.45 a •C Ri ffyy O L a g 4 e W Z i j. o e� j' y`}' S�glB. S w` .t•��� ..ae1ry2.17"'a.. r O "56f tamp •.'.f 882.10.__•' —478.00 x STATE HIGHWAY NO. 100 REGISTERED LAND SURVEY NO HENNEPIN COUNTY, MINNESOTA C.E. COULTER ASSOCIATES, INC. CLICENSED LAND SURVEYORS I hereby certify that in accordance with the provisions of Chapter 508, Minnesota Statutes of 1949, as amended, I have surveyed the following described property, in the County of Hennepin, State of Minnesota, to wit: Tract A. Registered Land Survey No. 1710, Files of the Registrar of Titles, Hennepin County, Minnesota: I hereby certify that this Registered Land Survey is a correct delineation of said survey. Dated this lay of 20,. John Coulter Peterson, Land Surveyor Minnesota License No. 13792 BROOKLYN CENTER, MINNESOTA This Registered Land Survey has been apy._.,: -1 and accepted by the City Council of Brooklyn Center, Minnesota, at a regular meeting thereof held this day of 20 CfrY COUNCIL OF BROOKLYN CENTER, MINNESOTA By M ay or By City. Manager TAXPAYER SERVICES DEPARTMENT Hennepin County, Minnesota I hereby certify that taxes payable P and prior years have been paid for land described on this Registered Land Survey. Dated thi- day of 40_ Patrick H. O'Connor Hennepin County Auditor Deputy SURVEY DIVISION. Hennepin County, Minnesota Pursuant to MINN. STAT. Sec. 383B.565 (1969). this Registered Land Survey has been approved this day of William Brown Hennepin County Surveyor BY- REGISTRAR OF TITLES, Hennepin County, Minnesota. I hereby certify that this Registered Land Survey No. was filed in this office this lay of 20 at clock Michael H. Cunniff Registrar of Titles. BY Deputy SHEET 1 OF 2 SHEETS City Council Agenda Item No. 7d City of Brooklyn Center A Millennium Community MEMORANDUM DATE: October 5, 2005 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Awarding a Contract with Short Elliott Hendrickson, Inc. for Professional Engineering Services, Improvement Project No. 2005 -05, Twin Lake Avenue Reconstruction The City of Brooklyn Center recently initiated construction of the Twin Lake Avenue Neighborhood Street and Utility Improvement Project after receiving the necessary environmental permits. This project includes the reconstruction of streets, water main and storm drainage systems along Twin Lake Avenue adjacent to the Joslyn Superfund Site. The environmental permit review process involved extensive technical review by the Minnesota Pollution Control Agency (MPCA) in order to obtain a No- Association determination as part of the MPCA Voluntary Investigation and Cleanup (VIC) Program. In general, a No- Association determination from the MPCA would protect the City from being associated with the soil and groundwater contamination within and adjacent to the Joslyn Superfund Site due to the proposed street and utility improvements along Twin Lake Avenue. The City could be subject to certain liability issues if the project were to proceed without the coverage of the VIC program. During the project approval process, the MPCA established several testing requirements to monitor dewatering operations within the project area. The MPCA is requiring the City to conduct water testing for pentachlorophenol (PCP), semi volatile organic compounds and dioxins as the primary contaminants of concern. The purpose of the testing is to document that the City is in compliance with the VIC program requirements and to prevent the spread of contaminants from the Joslyn Superf ind Site. The project also involves complex construction methods that must be monitored for quality assurance. Water main installation will include horizontal boring of water main in the street and into homes, installation of structural support pilings, and placement of alternative foundation materials under the roadway. i 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 Professional consulting services are needed from a qualified engineering firm to perform the required monitoring and sampling procedures. Construction administration services are also needed to coordinate the environmental procedures with construction activities for the project. The City has received a proposal from Short Elliot Hendrickson (SEH) to provide environmental and construction administration services on an hourly basis. SEH prepared the design and construction documents for the project. The estimated fee for consulting services during the construction phase of the project is $125,000. Attached for City Council consideration is a resolution awarding a contract with Short Elliott Hendrickson, Inc. for professional engineering services during the construction phase of the Twin Lake Avenue Improvement project. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AWARDING A CONTRACT WITH SHORT ELLIOTT HENDRICKSON, INC. FOR PROFESSIONAL ENGINEERING SERVICES, IMPROVEMENT PROJECT NO. 2005-05, TWIN LAKE AVENUE RECONSTRUCTION WHEREAS, the Minnesota Pollution Control Agency has established water monitoring requirements for the Twin Lake Avenue Street and Utility Improvement Project based on the City's application to the Voluntary Investigation and Cleanup Program; and WHEREAS, water quality monitoring during construction of said project is essential to document that the City is in compliance with the Minnesota Pollution Control Agency guidelines and to prevent the spread of contaminants from Joslyn Superfund Site; and WHEREAS, professional services are necessary to properly coordinate construction administration and environmental water monitoring services for the Twin Lake Avenue Street and Utility Improvement Project; and WHEREAS, the City has received a proposal from Short Elliott Hendrickson for professional engineering services for the Twin Lake Avenue project; and WHEREAS, said proposal is based on an hourly rate for personnel time actually spent performing construction administration and environmental water monitoring; and WHEREAS, the maximum fee for professional services as described in said proposal is estimated to be $125,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the City Manager is hereby authorized to execute a contract for professional services with Short Elliott Hendrickson, Inc. to provide construction administration and environmental monitoring for Improvement Project No. 2005 -05, Twin Lake Avenue Street and Utility Improvements. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i SEH October 3, 2005 RE: City of Brooklyn Center, MN Twin Lake Avenue Construction Services SEH No. ABROCT0503.00 Mr. Todd A. Blomstrom, P.E. Director of Public Works /City Engineer City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Dear Todd: Thank you for the opportunity to provide this proposal for construction services and continue to provide professional services to the City of Brooklyn Center. Background Twin Lake Avenue, west of Lakebreeze Avenue was originally included in the 2002 Southwest Neighborhood reconstruction project. New water main, storm sewer, curb and gutter and pavement were proposed. The street and utility work were deleted from the project due to the need to use dewatering wells to install the underground utilities. The dewatering wells, had potential to influence the nearby contaminated ground water plume on the Joslyn site, and spread the contamination. SEH and the City have spent the last year working through the issues with the MPCA and the revising the construction plans. An acceptable plan has been formulated so that the construction project can now move forward. Understanding and Scope of Work Construction Services SEH has been asked to include full time construction services in this scope of work. Typically, this would include Observation, Construction Staking and Field Representation (Resident Project Representation or RPR). Because of the environmentally sensitive nature of this project, we also need to include time for environmental services personnel to complete routine monitoring and sample collection in accordance with the MPCA approved Construction Contingency Plan. Observation The Project Manager assigned to the project will provide the role of observation and contract administration for the project. SEH will serve as the City's professional representative at the project site, issue instruction to the Contractor on behalf of the City, and prepare routine change orders and supplemental agreements, as required. The engineer will be expected to make occasional visits to the project site to observe progress and quality of the executed work. SEH will keep the City informed of the progress of the work and determine in general if such work is proceeding in accordance with the Contract Documents. On -Site Representation The on -site representative is the Engineer's agent at the site and will act as directed by and under the supervision of the Engineer. The on -site representative shall serve as the liaison with the Contractor, working principally through the Contractor's superintendent. They will assist in helping the Contractor understand the intent of the Contract Documents. The field personnel will review the progress schedule, Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110 -5196 SEH is an equal opportunity employer I www.sehinc.com 1 651.490.2000 1 800.325.2055 1 651.490.2150 fax Todd Blomstrom 10/4/2005 Page 2 schedule of shop drawings and required submittals, materials testing, consult the Engineer concerning acceptability and would be available to work with the property owners and their concerns. The environmental services on -site will consist of environmental sampling and oversight during dewatering activities, corresponding with the MPCA, NPDES, VIC and Superfund programs, and preparing a report to submit to the MPCA and the conclusion of the project. Materials Testine SEH will coordinate all testing and related paperwork required by the City and the Contract Documents. SEH will perform concrete air and slump tests, and take samples for materials as required. We propose to coordinate with American Engineering Testing to perform all actual testing on grading and backfill items and concrete strength tests. Actual costs for testing by American will be billed directly to the City. Construction Staking SEH will coordinate with construction staking personnel from our survey department. There time will be coordinated by the Resident Project Representative (RPR) as required by the contractor. Construction staking tasks include, horizontal and vertical control, centerline/offset stakes, storm sewer and other utility stakes, curb and gutter stakes, gravel blue tops and miscellaneous staking for trail, silt fence, removals etc. Project Team John Parotti, P.E. will be the Project Manager, and will be responsible for the overall coordination and management of the project team. The Lead Resident Project Representative (RPR) will be Dave Haugen. He has over 25 year of experience and recently represented the City on the 2002 street project in the same area. Both Glen Bengston, the structural designer of the water main support and Al Sunderman Environmental Project Manager will be available as needed. Todd Fryzek and Andy Roman will provide the field sampling, coordinating and reporting as needed to the MPCA during the time of dewatering. Schedule The project will begin in October. We have assumed that that the duration of the dewatering will be 4 weeks and that the total construction time period this fall will be 1 1/2 months. There will be additional time for clean up and restoration in the spring. For this we have estimated two weeks. Compensation and Agreement We propose to be compensated for the scope of work proposed on an hourly basis. Compensation will be the estimated hours times the actual hourly rate of our personnel plus reimbursable expenses. Attached is a man -hour task worksheet that details the hours for each person and a total estimated cost for the work. We have estimated our services to cost 125,000. We look forward to working with you, your staff and the community on this project. Thank you for this opportunity. Respectively submitted, SHORT ELLIOTT HENDRICKSON INC. us n M. Mason, P.E. ncipal Enclosure Todd Blomstrom 10/4/2005 Page 3 Approved this day of 2005 City of Brooklyn Center, Minnesota By c: John Parotti, Al Sunderman z:\ ae\ bmctl0503MwoW\I ett t ,._..,,..,...w.,,, doc Construction Services Brooklyn Center, Twin Lake Avenue Deliverables: Construction Observation, Staking, Resident Project Representation Pre-Con meeting minutes, Record Plans, Enviromental Sampling, oversight, coordination with agencies Project Hydro Environ Lead Word survey Task Engineer Geologist Scientist RPR Proa$or Crew I A. Observation Precon Meeting 1 31 31 31 31 21 Project Coordination meetings (assume 4 during pumping) 1 241 81 81 81 41 Project Close Out 1 81 31 1 1 1 Structural Observation/Shop Drawing review I 241 1 1 1 21 Reports to MPCAfMCES I 401 241 241 1 81 Agency Coordination I 241 241 121 4 I 1 B. Construction Staking 1 I 1 1 Horizontal and Vertical Control I I I I 1 I 1 2 Centerline/Offset Stakes 1 I 1 I I 1 8 Utility stakes I I I I 11 I 10 Road Stakes I I l I I 10 Gravel Blue Tops I I I I 11 I 4 Miscellaneous sift fence, services I I 1 I I I 8 C. Resident Project Representative I I I I I I Full time Inspection assume 2 months construction time 1 1 1 3001 41 Environmental Field work assume 4 weeks dewatering 1 I 541 541 1 41 Project Close out I I i 1 161 21 I D. Record Plans I I I I I I Survey I I I I I I 12 Record Plan Prep 1 41 1 1 161 Total hours 7741 1271 1161 1011 3461 301 54 Pro lest Labor $83,521 Columbia Lab and Pace Lab $36,000 Expenses Survey equipment $1,950 Soil/Groundwater Equip $650 Mileage and Expenses $2,400 Miscellaneous $79 Total pr%ct cost this phase $124.000 Unique components or assumptions: Assumed 2 months of construction, Actual days required are dependant on weather and contractor's schedule Materials testing by others, Laboratory Testing included City Council Agenda Item No. 7e City of Brooklyn Center A Millennium Community i MEMORANDUM DATE: October 4, 2005 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works '7;* SUBJECT: Resolution Amending the 2005 Central Garage Budget to Provide for the Early Order/Purchase of One Tandem Axel Dump Truck, Equipment No. 11 The Central Garage vehicle replacement schedule for 2006 includes the replacement of one tandem axel dump truck (Equipment Identification No. 11). This equipment item is used extensively for snow and ice control operations, as well as hauling large volume loads such as street sweeping materials and tree debris. The current 1994 model tandem axel dump truck is on a 12 -year replacement schedule in order to minimize overall operation and maintenance costs. Equipment vendors with the State of Minnesota Cooperative Purchasing Venture anticipate a seven to ten percent increase in the purchase price for this type of vehicle in 2006 due to recent increases in steel and fuel prices over the past two years. The City can still order the cab and chassis portion of this truck under the 2005 Cooperative Purchasing Venture to avoid the anticipated price increases next year. The Central Garage has accumulated sufficient replacement funds from the Street Maintenance Division for the replacement of the cab and chassis portion of the truck. The purchase price would be approximately $87,000.00 under the current 2005 state bid. Equipment vendors have indicated that delivery of the cab and chassis would occur after January 1, 2006. Payment would be due within 30 days after delivery. Attached for consideration is a City Council resolution authorizing the early order of tandem axel dump truck through the State of Minnesota Cooperative Purchasing Venture. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn ly Center, MN 55430 -2199 763 569 -3400 City Hall TDD Number (763) 569 -3300 FAX 763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 2005 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE EARLY ORDER/PURCHASE OF ONE TANDEM AXEL DUMP TRUCK, EQUIPMENT NO. 11 WHEREAS, the Central Garage vehicle replacement schedule for 2006 includes the replacement of one tandem axel dump truck, equipment number 11; and WHEREAS, rising steel prices makes immediate ordering of the cab and chassis for said equipment preferable to avoid anticipated increases in the purchase price; and WHEREAS, it is possible for the City of Brooklyn Center to participate in the Minnesota State Cooperative Purchasing Venture for the replacement of said equipment; and WHEREAS, a Sterling LT 9500 cab and chassis is available on the State ofMinnesota Cooperative Purchasing Venture, Contract No. 433621 at a total estimated cost of $87,000; and WHEREAS, the Central Garage Division has accumulated sufficient replacement funds from the Street Maintenance Division to allow for the early order of the cab and chassis portion of the truck. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the early order purchase of one cab and chassis for a tandem axel dump truck under the Minnesota State Cooperative Purchasing Venture at a total estimated cost of $87,000 is hereby approved. 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. 7f City of Brooklyn Center A Millennium Community i To: Mayor Kragness and Council Members ody, Lasman, Niesen, and O'Connor From: Michael J. McCauley City Manager Date: October 6, 2005 Re: 5013 66' hearing special assessment h The s P g g to against 5013 66 was continued to allow staff to discuss the situation with the home owner. Review of the materials indicates that the property falls under the City Council policy against assessing a new owner for a delinquent bill incurred by the prior owner. Therefore, we have withdrawn the proposed assessment. Finance is seeking payment from the prior owner. The matter is on the consent agenda to receive this report so that the continued hearing regarding 5013 66 is disposed of through a consent agenda reception of this report on the property. 6301 Shingle Creek Parkway n m hon e &TDD Number g Recreation and Community Center P y y Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org I City Council Agenda Item No. 8a MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Sp cialist L��-/ Subject: City Council Consideration Item Planning Commission Application No 2005 -014 Date: October 3, 2005 On the October 10, 2005 City Council Agenda is Planning Commission Application No. 2005- 014 submitted by GiGi Yanis requesting a Special Use Permit to conduct a home occupation that involves customer traffic at 5549 Brooklyn Boulevard Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2005 -014 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their September 29, 2005 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. Application Filed on 9 -15 -05 City Council Action Should Be Taken By 11 -14 -05 (60 Days) Planning Commission Information Sheet Application No. 2005 014 Applicant: GiGi Yanis Location: 5549 Brooklyn Boulevard Request: Special Use Permit (Home Occupation) The applicant, cant Gi i pp G Yates, requests special use permit approval to conduct a home occupation that will involve customer traffic at her home, 5549 Brooklyn Boulevard. The property in question is zoned R -1 (One Family Residence) and is located at the southwest corner of the intersection of Northport Drive and the Brooklyn Boulevard frontage road. It is bounded on the north by Northport Drive with C -1 zoned property on the opposite side of the street; on the east by the Bro single Boulevard frontage road; on the south by R -1 zoned property containing a sin le family home and a portion of the Northport School property; and on the west by R -1 zoned property containing a portion of Northport Park. Home occupations that involve customer traffic at the home are considered special uses requiring the granting of a special use permit by the City Council following review and public hearing by the Planning Commission. The applicant has submitted two written statements (copies attached) describing the home occupation and explaining how it would operate. Ms. Yanis plans to give palm and tarot card readings in the living room of her home on an appointment only basis to customers coming to the residence. Her proposed hours of operation are between 9 a.m. and 9 p.m. She notes that there is parking in the driveway and that no one else will be involved in the readings. She plans to have a fire extinguisher available in the area where the home occupation is to be conducted and will comply with any other requirements deemed necessary by the city. She has also provided a sketch plan of the property showing the house and garage and driveway location on the property. It should be noted that the applicant is already conducting such a home occupation on the property as a "permitted home occupation" and has a sign, for which a permit was granted, on the property. Her current operation does not allow customer traffic and the conduct of her business is done away from the premises. The fact that she wishes to have customer traffic elevates the home occupation to a special use permit, thus the application that is before the Planning Commission. The home occupation is obviously not a typical home occupation conducted within the city. It is looked at much the same as a counseling business might be and the volume of customer traffic might be akin to that of a home beauty shop, both of which are considered special home occupations and have been granted in the past by the city. The zoning implications of this home occupation are considered the same as a counseling or beauty shop operation. It should be noted that it has been stressed to the applicant that the home occupation and associated customer traffic should be done on an appointment only basis to limit the amount of traffic associated with the 9 -29 -05 Page 1 business. The Yanis' have a double wide driveway which should be able to provide off street parking for four vehicles. No on street parking associated with the home occupation should be allowed. Thus, the emphasis on the business being conducted on an appointment only basis. The home occupation can be considered a low key operation if operated in the manner described by the applicant. Concern has also been expressed to the applicant with respect to the fact that there should be no over the counter sale of merchandise with respect to this activity or any other activity in the home. Attached for the Commission's review is a copy of the definitions for home occupation and home occupation, special contained in Section 35 -900 of the City's Zoning Ordinance and also a copy of Section 35 -406 regarding requirements for special home occupations. Attached also is a copy of Section 35 -220, Subdivision 2 of the Zoning Ordinance, which are the standards for special use permits. Special home occupations are defined as any gainful occupation or profession carried on within a dwelling unit or any permitted accessory buildings or installations on a lot by a family member residing within the dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling and any accessory structure and the lot upon which it is conducted. The main concern with this special home occupation is the potential for creating traffic within the neighborhood. Given the comments made by the applicant and the proposal for an appointment only basis and the ability to park on site rather than on street, should make this home occupation tolerable. The fact that the activity proposed to be conducted may be objectional to some is not a zoning related matter and should not be a basis for denial. It is recommended that the Building Official review the home and property for any recommendations that may need to be made. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent to neighboring property owners. It appears that the proposed home occupation can be considered low key, if operated in the manner described by the applicant. Again, no over the counter sales of merchandise should be offered as part of this home occupation. Approval of the special use permit is recommended subject to at least the following conditions: 1. The special use permit is granted for a home occupation involving customer traffic related to alm and tarot card readings to-be conducted on an appointment p g only basis at 5549 Brooklyn Boulevard. The home occupation may not be altered or expanded in any way no comprehended by this application without first securing an amendment to the special use permit 2. The special use permit is subject to applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 9 -29 -05 Page 2 3. All parking associated with the home occupation shall be off street on improved space provided by the applicant. Vehicle parking on the property shall be in compliance with Section 19 -103, Subdivision 12 of the City Ordinances. 4. The hours of operation shall be between the hours of 9 a.m. and 9 p.m. Customers shall be served on an appointment only basis. 5. The applicant shall comply with the recommendations of the Building Official with respect to safety related matters following inspection of the property. 6. There is no over the counter sales of merchandise comprehended through the granting of this special use permit. Any sales related to this home occupation shall be conducted off premises. 9 -29 -05 Page 3 .e...1._I �--1 8 a. O .1 05 A, }mss N f ti 4r e-- o •r+' C H x ft oil Rl 0 �--4 :i j J et: ;'t' i4V2.rj `.r r W W I p Z "ty t yjT,: ge 4t'r .w:►� J Ir r1'{•1J'i.'•r1i� 'rti,. �t�a. fi'rr,(•yf r 11 5• '�R• "'S. ,t.•r'i r S fr;r,;•.GI•: PMZ .d• lrjsf' Jri4..,t•� Wi if�dc 'L r." t k r q #l�+' w �,r, :t+�Ls`�i��9•it •i ;�v�t r! r'afTtt'�1� 4 ji 1. "l: 1 j,�J it•, i3 a� J7•' 1• �l�' ss �.r t 7 S' ��t.•iQ�g+ 11•f t 1 S a• f Y err..- k-n- a t= .,+sx' i EwK tl• 3a e r i "X� L' c y s a m QtE 1 'e gloom ME n ASTY rig tic e. n t a r -L d.,d 8 4 t r; w a a t v g e h� SAN 11 A Q 3 f a t wx law 7 Any WHY 6 6 v a ll ij w „JCS i`• 06/13/2005 1 FAX 6515522310 MIDWEST GUARANTY Q007 Flle NO. 027272 PROPERTY TS SKETCH ACCESS 1NFOR►� tTh15 is not C sUTVey L EG AL :SEE,SCHEDuL A 30 SCALE i 184' J i 0 25 0 1 STORY�- o cn o 40 i CAR 3 22 meow 200.00' N prOptiq wdress 55 4 9 BROOKLYN BLVD BROOKLYN CENTER IypRpYEYENT5. THIS IS NOT A StRVEY NOR "LLD THIS 6E USEC �lV AS A 5tE7 'M I- ATE FUTIM records .The Tflls`dro.lnq'iy f a r re ionenisoboeedtuDOn 1heo�ecordadlppaR�o inaps�IpTMhe'coi` O spxciion. mare i noie and bosad upon 0 I 1a Cef zs v -C-)IU bkQL FC-( a. f� 5 �-�-e. _C �-.4 __CAS -o.. .�._s c� _C, ?e N ___ter �3 11 t ,,11 t it i t l, to �1 i r1a','41'l h';ti i 1 i i l 1 1 ••i l d-Re-Q 4 -rn- e r i_q_- a__r►� .__.A,vd_o..r �y- app �'{�er -t►2.� rJ- a, viti�a5ti I i 1 -_U to I 1 i s i 1 i 5 J I 1 4 i I �5 7 1 LY,.1 -1vo f 4. Attic floor space where the structural headroom exceeds 7 -1/2 feet. 5. Interior balconies and mezzanines, where the structural headroom exceeds 7 -1/2 feet. 6. Enclosed porches, but not terraces and breezeways. 7. Accessory uses other than floor space devoted exclusively- to accessory off -street parking or loading. But shall not include the following: 1. Garages, open porches, and open patios. I Floor /area ratio The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building is located. Garage, private An accessory building or an accesso p ortion of the dwelli buildi g rY acces P g g intended for or used to store private passenger vehicles of the families resident upon the premises and in which no business, service or industry connected directly or indirectly with automotive vehicles may be carried on. Garage school bus A building, or portion of a building, used for the storage of school buses (defined in M.S.A. Section 169.01, Subdivision 6), or where any such vehicles are kept for remuneration or hire, excluding major repair of such vehicles. Green Strip An area containing only vegetation such as grass, trees, flowers, hedges, and other related landscaping materials, and maintained expressly for such purpose. Group Day Care Facility A facility licensed by the Minnesota Department of Public Welfare to provide child care for six or more children at one time. This term also includes, but is not limited to, facilities having programs for children known as nursery schools, day nurseries, child care centers la groups, day care centers cooperative day care centers and Head Start programs i play Sr' uP Y P Y P grams Home Occupation Subject to the further limitations of Section 35-405 of the Zoning Ordinance, a home occupation is any gainful occupation or profession, carried on within a dwelling unit, by a family member residing within a dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit and the lot upon which it is constructed, including, without limitation, dressmaking, secretarial services, professional offices, answering services, individual music or art instruction, individual hobby crafts, and day care and similar activities. City of Brooklyn Center 35 -85 City Ordinance Sic nva :�S Home Occupation, Special Subject to the further limitations of Section 35-406 hereof, and subject to approval by the City Council, a special home occupation is any gainful occupation or profession carried on within a dwelling unit or any permitted accessory buildings or installations on a lot, by a family member residing within the dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit, the accessory structures, and the lot upon which it is constructed, including, without limitation, barber and beauty services, shoe repair, photography studios, group lessons, saw sharpening, motor driven appliances and small engine repair, and similar activities. Hospital An institution licensed by the state Department of Health primarily engaged in providing, by or under the supervision of physicians, to inpatients (A) diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled or sick persons, or (B) rehabilitation services for the rehabilitation of injured, disabled, or sick persons. Hotel A building which provides a common entrance, lobby, and stairways, and in which lodging is commonly offered with or without meals for periods of less than a week. Loading Space A space accessible from a street, alley, or way in a building or a lot for the use of motor vehicles while loading or unloading merchandise or materials. Lot A lot is a parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for the purpose of sale or lease or separate use thereof. Lot Area The area of a horizontal plane bounded by the front, side.and rear lot lines. Lot, Comer A lot. at the junction of and abutting on two or more intersecting streets. Lot, Dew The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries. Lot, Interior A lot other than a corner lot. Lot Line A property boundary line of any lot held in a single or separate ownership. Lot Line. Front -That boundary of a lot which is along an existing or dedicated street. In the case of comer lots, the zoning official shall determine, but only for the purpose of this ordinance, which lot line or lines shall_be considered front lot lines; such determination shall not be construed as stating in which direction buildings shall face. In general, the narrower of the lines abutting streets shall be the front line for the above stated purpose. City of Brooklyn Center 35 -86 City Ordinance i t f oc cupation shall involve the use of any accessory structures or installations. 2. No home ent o ther than that customarily 3. No home occupation shall involve the use of equipm i found in a residential dwelling unit shall involve the retail sale of merchandise produced off the lot. 4. No home Occupatio 'on shall involve the employment on the lot of persons who are not 5• No home Occupation members of the family residing on the lot. children in (5) 6. No home occupation providing day care shall serve more than twelve (12) children, the Rl district, five (5) children in the R2 and R3 districts, or five including children of the family occupying a dwelling unit in other residential districts is not intended to supersede any lease arrangements (R4 through R7). This subsection which may be more restrictive. No home occupation shall cause traffic congestion on the lot containing the home 7 occupation or. on the streets adjacent thereto. parking elated to the home occupation shall be permitted on the street. 8. No automobile p g r 7� Section ADDITIONAL REQUIREMENTS FOR SPECIAL H OME 35 -406. OCCUPATIONS: 1. All special home occup ations shall require approval -of a special use permit pursuant to Section 35 -220 of the Brooklyn Center Zoning Ordinance. e or ation No s ecial home occupation shall use more than one accessory aetru e on 3 -310 and 2. P permitted use and such structure or installation n3er Wining Ordinance. S ection 35 -311 of the Brooklyn C special home occupation may use equipment not customarily 3. found in a residential A s p dwelling unit. at any onetime, more than one person who 4. No special home occupation shall employ' tlie dwelling unit not a member of the family occupying may include the teaching of more than ten (10) students at 5. No special home occupation the dwelling unit* one time who are not members of the family occupying 6. No special home occupation shall cause traffic congestion on the lot containing the special home occupation or on the streets a dj ac ent thereto. 35 -56 City Ordinance City of Brooklyn Center I to the s ecial home occupation shall be permitted on the 7 No automobile parking related P that the special home occupation is not r street provided, however, that upon a finding p on the street feasible without on street parking, the City Council may authorize based upon a consideration of Section 35 -220.2 and of the following. a• The amount of the applicant's street fr ontage. b• The rights of adjacent residents to park on the street. c. Preservation of the residential character of the neighborhood. 8. No special home occupation shall produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the lot. ation shall include the retail sale of merchandise produced off 9. No special hom e occu P the lot. Section 35 -410., SPECIAL REQUIRE IN R3, R4, R5, R6 AND R7 DISTRICTS. S L All storage shall be.contained wholly within an enclosed building. roved equipment located. 2. The incineration of waste matter sh p use is ondu ced. Equip ent shall be within the building wherein Ppe P official and sanitarian when considered "approved approved by the zoning R3, R4, R5, R6, or R7 development abuts an Rl or be 3 Where a proposed than at a public street line, buffer provisions shall be establish provided a p strip not less than 25 feet wide in the case of R6 and R7 uses and P P not less than 15 feet wide in the case of R3, R4 an d RS uses. h r p ro tective v ha e ll be cont an opaque fence or a Council approved substrtut P o driveways, off -street loading or landscaped and not be used for parking, garages, roved by the City Council as being in storage. The screening device design must be app sufficient screening of the harmony with the residential neighborhood hai no lessthan four feet in height and multiple dwelling area. A proposed fence shall not extend within 10 feet of any street right -of -way• l has been approved as perm shall be issued until a site and parking Y 4. No building p shall be permitted within 15 feet of the street provided in Secti on 35 -230. No parking tamed a green strip• right of -way, and the 15 foot area shall be main City Ordinance City of Brooklyn Center 35 -57 City of Brooklyn Center Special Use Permits Section 35 -220 2. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort b. The special use will not be in to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimiz traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Soecial Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. In any instance where an existing and established special use is abandoned for a period of one eyar, the special use permit related thereto shall expire one year following the date of abandonment. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 29, 2005 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:33 p.m. ROLL CALL Chair Tim Willson, Commissioners Rex Newman, Sean Rahn, and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Eric Berns and Rachel Lund were absent and excused. Graydon Boeck was absent and unexcused. APPROVAL OF MINUTES AUGUST 25.2005 There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to approve the minutes of the August 25, 2005 meeting as submitted. The motion passed unanimously. CHAIR'S'EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2005 -014 GIGI YANIS Chair Willson introduced Application No. 2005 -014, a request for a Special Use Permit to conduct a home occupation that involves customer traffic at 5549 Brooklyn Boulevard. The property is zoned R -1 (One Family Residence). Home occupations that involve customer traffic at the home are considered special uses requiring the granting of a special use permit by the City Council following review and public hearing by the Planning Commission. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 9 -29 -05 for Application No. 2005 -014, attached.) Commissioner Newman asked about allowable signage for the home occupation. Mr. Warren responded that the applicant already has signs displayed for her business that were approved by the City and no additional signs would be allowed. PUBLIC HEARING APPLICATION NO. 2005 -014 There was a motion by Commissioner Newman, seconded by Commissioner Roche, to open the public hearing on Application No. 2005 -014, 7:45 at p.m. The motion passed unanimously. Chair Willson called for comments from the public. The applicant, GiGi Yanis, 5549 Brooklyn Boulevard introduced herself. Chair Willson asked the applicant what hours she would be open for business. Ms. Yanis replied that she plans to operate by appointment only between the hours of 9 a.m. to 7 p.m. Commissioner Roche asked if Ms. Yanis had talked to her neighbors about her proposal. Ms. Yanis responded that she had talked to the neighboring property owner about her plans. No other persons from the public appeared before the Commission during the public hearing on Application No. 2005 -014. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Roche, to close the public hearing on Application No. 2005 -014, at 7:47 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2005 -014 GIGI YANIS There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to recommend to the City Council that it approve Application No. 2005 -014, submitted by GiGi Yanis for a Special Use Permit to conduct a home occupation that involves customer traffic at 5549 Brooklyn Boulevard subject to the following conditions: 1. The special use permit is granted for a home occupation involving customer traffic related to palm and tarot card readings to be conducted on an appointment only basis at 5549 Brooklyn Boulevard. The home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit 2. The special use permit is subject to applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 3. All parking associated with the home occupation shall be off street on improved space provided by the applicant. Vehicle parking on the property shall be in compliance with Section 19 -103, Subdivision 12 of the City Ordinances. 4. The hours of operation shall be between the hours of 9 a.m. and 7 p.m. Customers shall be served on an appointment only basis. 5. The applicant shall comply with the recommendations of the Building Official with respect to safety related matters following inspection of the property. 6. There is no over the counter sales of merchandise comprehended through the granting of this special use permit. Any sales related to this home occupation shall be conducted off premises. Voting in favor: Chair Willson, Commissioners Newman, Rahn, and Roche. The motion passed unanimously. The Couneil will consider the application at its October 10, 2005 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. DISCUSSION ITEM: PARKING AND STORAGE OF VEHICLES IN THE FRONT YARD OF R -1 ZONES Mr. Warren explained that the Commission has been provided copies of documents that were reviewed by the City Council regarding limiting the parking of vehicles both in the front and back yards of residential property. He further stated that city ordinances state that any vehicle parked in a residential area must be properly licensed AND operable. The only exception to that is for pioneer, classic and collector vehicles. In that case the vehicles must be currently licensed as such but they do not have to be operable provided they are stored in a building or behind an opaque wall screened from view. Mr. Warren stated that the same section of the ordinance prohibits the storage of junk cars and auto parts unless stored in a garage. Mr. Warren added that some of the issues surrounding parking of vehicles is really part of the nuisance ordinance and some of the problems related to parking of these vehicles could be dealt with by better enforcement. Mr. Warren noted that Mr. Will Dahn, 5743 Knox Avenue North, who introduced this issue to the City Council, is present at this evening's meeting. Mr. Dahn described his history with the city as a resident and former employee and how the ordinance was enforced at the time he worked with the city to maintain a maximum of six cars in any front yard (referenced in Section 35 -711). He notes that he has observed some residences in the city with 8 to 10 cars parked in the front and sometimes more in the back along with parts scattered on the property and cars up on blocks and dismantled. The Commission posed a question regarding the possibility of some single family residences being used as illegal home occupations involving cars and car parts. If so, it appears that there is an enforcement issue with regards to the number of vehicles on properties but the situation does not necessarily warrant rewriting the ordinances. The Planning Commission Members further discussed what direction they would like to go with regards to this part of the ordinance. There was consensus among the members to further explore possible changes to Chapter 19 and 35 and the Commission directed Mr. Warren to provide them with information regarding existing ordinance language at a future meeting for further study and discussion. After further review, the Commission would then make a recommendation to the City Council regarding parking and storage of vehicles in residential areas. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Neweman, seconded by Commissioner Roche, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:11 P.M. Chair Recorded and transcribed by: Rebecca Crass City Council Agenda Item No. 9a PROCLAMATION DECLARING OCTOBER 16 THROUGH 22, 2005, TO BE ADMINISTRATIVE SERVICES WEEK WHEREAS, it is important to recognize the services provided by the Administration Department, which include customer service, information technology, city clerk, elections, human resources, and responsibility for the operation of the municipal liquor stores and Earle Brown Heritage Center, and WHEREAS, it is appropriate that the work of the administrative services staff 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 16 through 22, 2005, to be Administrative Services Week in the City of Brooklyn Center. October 10. 2005 Date Mayor ATTEST. City Clerk I� City Council Agenda Item No. 9b Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECEIVING AND ACCEPTING OBSERVATIONS AND CONCLUSIONS REPORT AS PREPARED BY CARL H. NEU, JR. WHEREAS, the City Council met in a facilitated workshop on September 14,2005; and WHEREAS, the facilitator, Carl H. Neu, Jr., has prepared an Observations and Conclusions report made by the participants during the facilitated workshop. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Observations and Conclusions report as prepared by Carl H. Neu, Jr. attached hereto as Exhibit A be and hereby is received and accepted. October 10. 2005 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. EXHIBIT A 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 p g g 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. is (Jan -Feb 06) 2 RESOLUTION NO. EXHIBIT A i s 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 3. 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 staff's management capacity during 2006. Goals 3 and 4 are reflective of the Council's commitment to sustain the efforts these goals addressed because of their extreme importance to the community. 3 RESOLUTION NO. EXHIBIT A 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. 4 City Council Agenda Item No. 9c Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN THE CITY OF BROOKLYN CENTER WHEREAS, the President of the United States, in Homeland Security Directive (HSPD) -5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and efficient) to prevent, re y p prepare for, respond to g and recover from domestic incidents regardless of p cause, size or complexity; and WHEREAS, the collective input and guidance from all federal, state, local, and tribal security partners has been, and will continue to be vital to the development, effective implementation and utilization of a comprehensive NIMS; and WHEREAS, it is necessary and desirable that all federal, state, local and tribal emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and WHEREAS, to facilitate the most efficient and effective incident management, it is critical that federal, state, local, and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform planning, training, and exercising standards, comprehensive resource management, and designated incident facilities during emergencies or disasters; and WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities, and resources will improve the county's ability to utilize federal and state funding to enhance local agency readiness, maintain first responder safety, and streamline incident management processes; and WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the State and (name of jurisdiction), including current emergency management training programs; and WHEREAS, the National Commission on Terrorist Attacks 9 -11 Commission) n) recommended adoption of a standardized Incident t Command System; and RESOLUTION NO. WHEREAS, the Governor of the State of Minnesota by Executive Order 05 -02, February 9, 2005, has designated the NIMS as the basis for all incident management in the State of Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that it does hereby establish the National Incident Management System (NIMS) as the standard for incident management in the City of Brooklyn Center. October 10. 2005 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. EMERGENCY DECLARATION WHEREAS, the City of Brooklyn Center, Minnesota, sustained severe losses of a major proportion, brought on by a severe thunderstorm on the date of September 21, 2005; and WHEREAS, the City of Brooklyn Center is a public entity within the State of Minnesota; and WHEREAS high winds downed many trees and power lines and many homes were damaged in the City of Brooklyn Center as a result of the severe thunderstorm. NOW, THEREFORE, as Mayor of the City of Brooklyn Center, acting on behalf of and for the people of the City of Brooklyn Center, with all the powers and responsibilities attending thereto as provided by Chapter 12, Minnesota Statute, and City of Brooklyn Center Code of Ordinances, Chapter 31, declare a local emergency in the City of Brooklyn Center. October 10, 2005 Date Mayor ATTEST: Clerk TO: Michael McCauley, City Manager FROM: Ron Boman, Fire Chief /Emergency Manager SUBJECT: Consideration to Adopt the NIMS Resolution DATE: October 4, 2005 We have received a directive that we as a City are required to adopt the National Incident Management System (NIMS) before the end of the year in order to comply with Presidential Directives HSPD -5 and HSPD -8 and to be eligible to receive any Federal Grant that Brooklyn Center may want to apply. HSPD -5: Identifies steps for improved coordination in response to incidents. It requires the Department of Homeland Security (DHS) to coordinate with other Federal departments and agencies and State, local, and tribal governments to establish a National Response Plan and National Incident Management System (NIMS). HSPD -8: Describes the way Federal departments and agencies will prepare for such a response. It requires DHS to coordinate with other Federal departments and agencies and State, Local and Tribal governments to develop a National Preparedness goal and align preparedness programs and activities in a wide range to areas to support the Goal. Tom Boie, Kristi Commers and Ron Boman have attended NIMS class at Maple Grove in 2004 and are familiar with the basic changes in the conversion; it is very similar to MIMS (Minnesota Incident Management System) that all department heads have been trained in. I have attached a sample NIMS Resolution, along with the Emergency Declaration, to be brought before the Council for consideration at the next council meeting. City Council Agenda Item No. 9d City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Connor From: Michael J. McCaule City Manager Date: October 6, 2005 Re: Storm Water Ma gement Planning Services I asked Mr. Blomstrom to make arrangements to develop a comprehensive plan for dealing with the storm sewer system, especially future maintenance issues related to storm water management ponds. Under federal /state law, the City has responsibilities for ponds, both private and public. We need to develop a plan for dealing with these ponds in connection with the budgeting process for the Storm Water Utility. Mr. Blomstrom solicited proposals for performing this work, along with the other updating services described in his memorandum. This is essential work to develop an update to the Local Water Management Plan, plans for the 59 Avenue Trunk Storm Sewer Improvements, and a plan to deal with maintenance of the ponds and infrastructure. The lack of a comprehensive plan/vision for handling the maintenance of these ponds is an area that I have wanted addressed for some time. Without a comprehensive plan, we are faced with the situation of being unable to adequately plan for that maintenance and its funding. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number g y y Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org City of Brooklyn Venter A Millennium Community MEMORANDUM DATE: October 5, 2005 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Awarding a Professional Services Contract for Storm Water Management Planning Services The 2005 Budget for the Storm Sewer Utility includes funding for consulting services to conduct storm water management planning services. The purpose of this planning effort is to update the City's local Storm Water Management Plan and determine future capital and maintenance costs for the drainage system. A general summary of the requested services is provided below. Part 1— Update Local Water Management Plan The Shingle Creek and West Mississippi Watershed Management Commissions (SC /WMWMC) recently completed a revised Second Generation Watershed Management Plan. Member cities are now required to update their Local Water Management Plans to be in compliance with the SC /WMWMC Second Generation Plan. City staff recommends that the scope of this work be limited to completing the necessary modifications to the Local Water Management Plan as required by State Statutes and the SC /WMWMC. Extensive technical analysis of the City's drainage system is not recommended as part of the required update. Part 2 Storm Water Infrastructure Maintenance Planning The City of Brooklyn Center currently has approximately 75 public and private storm water management ponds located within the City and Mn/DOT drainage systems. Consulting services are needed to formulate a long term management strategy and capital improvement plan for maintenance of existing storm water ponds serving City property and right -of -way for local roadways. This capital improvement planning effort would provide data to assist in establishing future storm water utility rates to fund major rehabilitation and maintenance work for public storm water ponds. 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 Part 3 59 Avenue Trunk Storm Sewer Improvements A fully developed residential area (approx. 300 acres) within the southeastern portion of Brooklyn Center currently drains through a 30 -inch diameter storm sewer crossing under Interstate 94 near 59 Avenue. This trunk storm sewer does not provide adequate conveyance capacity for the upstream drainage area. Local flooding has occurred along portions of the trunk main. Consulting services are needed to assist with preparing a feasibility study to replace /construct approximately 2,000 feet of this trunk storm sewer, including the portion crossing under Interstate 94. The construction cost estimate from the feasibility report would be used to update the City's Capital Improvement Program budget. City staff solicited proposals from qualified engineering firms to provide assistance with local storm water management planning tasks as described above. The following three engineering firms provided proposals for the work: TKDA Engineers, Bonestroo Associates, and Short Elliot Hendrickson. The proposals were evaluated by engineering division staff and ranked on the basis of price, qualifications and proposed scope of work. Engineering staff recommends that the work be awarded to Bonestroo Associates based on an evaluation of the information provided in the proposals. Bonestroo Associates prepared the first generation Local Storm Water Management Plan for the City of Brooklyn Center in 1997. Their proposal included a highly detailed scope of services and a diverse project team having experience with completing similar projects. The proposal from Bonestroo Associates also included preliminary design assistance from a company that specializes in the construction of large diameter pipelines under interstate highways in order to address engineering challenges associated with Part 3 of the project. The total professional services fee for the project is $75,541. The project is expected to be completed by August 2006. The 2005 budget includes $58,000 for the portion of work expected to be completed in 2005. The remaining cost for consulting fees would need to be funded from the 2006 budget for the Storm Sewer Utility. Attached for City Council consideration is a resolution awarding a contract with Bonestroo Associates for professional engineering services in the amount of $75,541. I r Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AWARDING A PROFESSIONAL SERVICES CONTRACT FOR STORM WATER MANAGEMENT PLANNING SERVICES WHEREAS, the City of Brooklyn Center is required to update the Local Storm Water Management Plan to be in compliance with the Shingle Creek and West Mississippi Watershed Management Commissions second generation water management plan; and WHEREAS, additional storm water management planning is necessary to establish long -term maintenance and capital improvement costs for the public storm water drainage system within the City of Brooklyn Center; and WHEREAS, proposals for professional services were solicited from three qualified engineering firms to provide storm water management planning services for the City of Brooklyn Center; and WHEREAS, Bonestroo Rosene Anderlik Associates was selected as the best candidate for the project based on an evaluation of price, qualifications and proposed scope of services: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Mayor and City Manager are hereby authorized to execute a contract for professional services with Bonestroo Rosene Anderlik Assoicates in the amount of $75,541 to provide storm water management planning services in accordance with the specifications and proposal documents therefore approved by the City Council and on file in the office of the City Engineer. 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. 9e Member introduced the following resolution and moved its adoption: RESOLUTION NO. AMENDED RESOLUTION AUTHORIZING EXPENDITURES FOR STORM CLEAN -UP AND RESPONSE WHEREAS, the City of Brooklyn Center suffered damage as a result of a severe storm on September 21, 2005; and WHEREAS, it is necessary to deal with the removal and disposal of downed trees; and WHEREAS, residents have suffered the loss of trees and there is a need to remove tree materials throughout the City that will not happen without assistance from the City; and WHEREAS, it is necessary to enter into contracts and arrangements to secure equipment and contractors in order to adequately respond to this natural disaster in a timely and effective manner. WHEREAS, based on initial estimates of clean -up costs, the Brooklyn Center City Council adopted Resolution No. 2005 -140; and WHEREAS, cost estimates for clean -up costs have been resided. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Resolution No. 2005 -140 be and hereby is amended so that the City Manager be and hereby is authorized to: 1) Contract with Arbor Tree Service for tree removal and disposal services up to an amount not to exceed $175,000; 2) Contract with Market Street Energy Company LLC for tree grinding and disposal for an amount not to exceed $70,000; 3) Make arrangements with the owner's of the former Jerry's New Market site to use the site for the storage and processing of downed trees and related vegetative materials; 4) Enter into miscellaneous contracts for the provision of generators, services, and equipment for amounts not to exceed $100,000; and 5) Remove tree branches, limbs, and trunks placed on the boulevard during a specified period of time in order to remove debris and potential hazards and nuisance conditions that would arise without such action on the part of the City. RESOLUTION NO. October 10. 2005 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members ody, Lasman, Niesen, and O'Connor From: Michael J. McCaule City Manager Date: October 6, 2005 Re: Storm Clean -up Mr. Blomstrom has prepared the attached updated cost estimate for the storm clean-up. Estimated costs have risen slightly from the original estimate prepared the day after the storm. We have estimated that final costs for Environmental Wood Supply Market Street energy will exceed the authorization contained in the Emergency Resolution. Arbor Tree costs appear likely to be close to the original estimates. We have better estimates for rental machinery, loaders, and electrical repairs. We are requesting adoption of the Amended Resolution Authorizing Expenditures for Storm Clean-Up and Response to reflect the updated cost estimates. These cost estimates are still preliminary and deal only with the clean -up and initial response to electrical repairs to city equipment. At a later date we will propose funding transfers from the Capital Reserve Emergency Fund to cover most of the unbudgeted expenditures. The balance in the Capital Reserve Emergency Fund should be sufficient to defray most of the costs without dipping below the $1 Million fund balance target for that fund. Attached also is a press release sent to the Sun Post regarding the tree debris removal effort. Mr. Blomstrom will provide an update on the work during the City Council meeting Monday night. 6301 Shingle Creek Parkway y Recreation and Community Center Phone &TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org Preliminary Cost Estimate Storm Damage Response and Clean -up October 6, 2005 ITEM UNIT QUANTITY UNIT PRICE TOTAL Arbor Tree Service Remove Blvd Trees from Homes to Date LS 1 $6,922.50 $6,922.50 Initial Response Full Crew Hr 9.5 $1,597.50 $15,176.25 Rental of Prentice Truck (Thru 1011) Hr 84.5 $505.88 $42,746.44 Rental Prentice /2crew (10/2 thru 10/21) Hr 190 $505.88 $96,116.25 Subtotal Arbor Tree Service $160,961.44 PBI Contractors Loader w/ Operator Hr 180 $133.13 $23,962.50 Mobilization LS 1 $750.00 $750.00 Subtotal PBI Contractors $24,712.50 Sweeney Brothers Tractor Loader Rental Week 6 $2,023.50 $12,141.00 Mobilization LS 1 $479.25 $479.25 Subtotal Sweeney Bros. $12,620.25 Environmental Wood Supply Market Street Energy Grinder Hr 135 $372.75 $50,321.25 Excavator Hr 135 $106.50 $14,377.50 Mobilization LS 1 $1,200.00 $1,200.00 Subtotal EWS $65,898.75 Ziegler Equipment Rental Generator for Water System Day 3 $570.00 $1,710.00 Mobilization LS 1 $400.00 $400.00 Subtotal Ziegler $2,110.00 Wolf Protective Agency, Inc Dump Site Security 24/7 Hr 840 $22.50 $18,900.00 Subtotal Wolf $18,900.00 City Staff Overtime (PW Crews) Sept 22 thru Sept. 30 Hr 455 $32.28 $14,687.40 Oct 1 thru Oct 31 Hr 936 $32.28 $30,214.08 Subtotal Overtime $44,901.48 Excess Fuel Sept 22 thru Oct 5 Gal 1668 $2.35 $3,911.46 Oct 5 thru Oct 31 Gal 5004 $2.35 $11,734.38 Subtotal Fuel $15,645.84 Misc. Electrical Repairs City Equip Street Lights, Wells, Lift Stations, etc. LS 1 $12,000.00 $12,000.00 $12,000.00 Total Preliminary Cost Estimate $357,750.26 General Information for Tree Debris Disposal City of Brooklyn Center October 6, 2005 City crews are working to remove the substantial amount of tree debris that was created in the wake of the storm on September 21, 2005. Property owners with damaged trees may place tree branches, limbs and trunks in front of their homes adjacent to the street or sidewalk. The City will be removing tree material placed along the street. This process will take several weeks. Residents of Brooklyn Center may also drop off tree debris at the old Jerry's New Market Site located across the street from Burger King at Bass Lake Road and Northway Drive. Only tree debris will be accepted. The temporary drop off site will be closed to the public after October 16, 2005. In order to coordinate the debris clean -up process, the City requests that residents comply with the following guidelines regarding tree debris removal. The City will only remove tree debris from the boulevard. The City can not remove building materials, treated wood materials, construction debris, or any items placed in garbage bags. Tree debris should be cut in 8 to 12 foot sections and placed parallel to the curb or edge of street pavement. Materials should not block streets or sidewalks. The final pick -up cycle will begin on October 10, 2005. Tree debris must be P laced on the curb side no later than October 10 to assure City pick -up. The City will cut and remove downed trees that previously grew within the boulevard. The boulevard extends about 15 feet back from the street curb or edge of pavement. Property owners are responsible for cutting up all debris from trees that previously grew outside of the boulevard. City crews are taking practical measures to avoid damage to lawn sod during the debris removal process. Residents will be responsible for sod repairs due to storm damage and debris removal. The City will remove stumps located within the boulevard. This process will take several months. Property owners are responsible for removal of stumps located on private property. Residents should avoid placing tree debris in alleys. The limited space in most alleys makes the removal process very difficult and time consuming. Residents should have hanging branches removed' from trees to avoid safety hazards. The City of Brooklyn Center has partnered with Environmental Wood Supply, LLC to grind and chip the tree material at the temporary drop off site. The wood based material that is produced at the site will be shipped to St. Paul for use as biomass fuel to generate electricity for a local utility and generate heating to District Energy St. Paul, a non profit heating utility. City Council Agenda Item No. 9f eir City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members C y, Lasman, Niesen, and O'Connor From: Michael J. McCaule City Manager Date: October 6, 2005 Re: Rental License Fees Attached are 2 alternate resolutions that reflect the direction given by the City Council at the last Work Session. In both alternates, single family fees are reduced for renewals and increased for initial licenses. Duplex fees are set at $200 per dwelling unit in both alternates. Alternate 1 per building fee is $200 per unit is $18 per unit Alternate 2 per building fee is $250 per unit fee remains at $13 per unit The Alternates assume an increase in the number of single family rental units licensed. Both alternates should raise roughly the same revenue as the revenue estimates upon which the rates were changed in November of last year. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter. org ALTERNATE #1 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. 2004 -92 on June 28, 2004, which amended the fees to be charged for rental dwellings; and WHEREAS, the City ouncil has determined that it wishes to modify the fees for Y Y rental dwelling licenses. 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 Initial License/New Owner $400 Renewal License (No change in license holder) $300 Two Family Dwelling Each Rental Unit $200 Multiple Family Dwelling Each Building $200 Each Unit $18 Minimum Base Fee $450 BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that this resolution shall be effective January 1, 2006. October 10, 2005 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ALTERNATE #2 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. 2004 -92 on June 28, 2004, which amended the fees to be charged for rental dwellings; and WHEREAS, the City Council has determined that it wishes to modify the fees for rental dwelling licenses. 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 Initial License or Transfer of License $400 Renewal License (No change in license holder) $300 Two Family Dwelling Each Rental Unit $200 Multiple Family Dwelling Each Building $250 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 January 1, 2006. October 10, 2005 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Current Fee Structure Biennial Revenue of Buildings of units Minimum Building Fee Per unit Fee Total compl- Total Fees 1 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 $118,125 $118,125 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 Duplex $450 Proposed Fee Structure Alternate #1 Biennial Revenue of Buildings of units Minimum Building Fee Per unit Fee Total compli Total Fees 1 3 $450 $200 $54 $450 1 $450 1 4 $450 $200 $72 $450 19 $8,550 1 5 $450 $200 $90 $450 1 $450 1 6 $450 $200 $108 $450 2 $900 1 7 $450 $200 $126 $450 3 $1,350 1 8 $450 $200 $144 $450 1 $450 1 10 $450 $200 $180 $450 1 $450 1 11 $450 $200 $198 $450 9 $4,050 1 12 $450 $200 $216 $450 4 $1,800 1 18 $450 $200 $324 $524 1 $524 1 22 $450 $200 $396 $596 1 $596 1 24 $450 $200 $432 $632 1 $632 2 8 $450 $400 $144 $544 1 $544 Large Complexes 276 3357 $55,200 $60,426 $115,626 $115,626 Single Family Renewal 315 $94,500 $94,500 $94,500 Single Familiy Initial 40 $16,000 $16,000 $16,000 Duplex 65 $13,000 $13,000 $13,000 Total Fees $259,872 Annual $129,936 FEES Note: in 2 year cycle, fees not evenly split annually. Per Building $200 Per Unit $18 Single Family Renewal $300 Single Family Initial $400 Duplex each unit $200 Proposed Fee Structure Alternate #2 Biennial Revenue of Buildings of units Minimum Building Fee Per unit Fee Total comply 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 Single Family Renewal 315 $94,500 $94,500 $94,500 Single Familiy Initial 40 $16,000 $16,000 $16,000 Duplex 65 $13,000 $13,000 $13,000 Total Fees $256,777 Annual $128,389 FEES Note: in 2 year cycle, fees not evenly split annually. Per Building $250 Per Unit $13 Single Family Renewal $300 Single Family Initial $400 Duplex each unit $200 AGENDA CITY COUNCIL \ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION October 10, 2005 Immediately Following Regular City Council and EDA Meetings Starting at 7:00 P.M. City Council Chambers 1. Council Member Carmody: Discussion of Watershed Commission appointment for January 2006 2. Council Member O'Connor: Housing Commission review and recommendations regarding parking and driveways 3. Adjourn Page 1 of 1 Michael McCauley is 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? I 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. I 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 10/05 /2005 September, 27, 2005 Mr. Graydon Boeck 5601 Indiana Ave. N. Brooklyn Center, MN. 55429 Dear Grady: I couldn't get a hold of you by phone this past weekend to ask you to come to the City Council work session so we tabled a proposal that I have made to them.. Since the Shingle Creek Watershed Management Organization is now going to be taxing residents, I think it is imperative that the residents have someone to hold accountable for increases to their property taxes. I do not think that is a position in which we should put a resident. I believe the watershed needs to have a council member that votes as the council as a whole wishes it to vote so that the council and residents have a say in the taxes levied on them. We tabled it to the October 10 City Council work session so that you could be part of the discussion. The work session will take place after the regular City Council meeting. I hope to see you there. Kathleen Carmody, Brooklyn Center City Council Member MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist 1P DATE: October 6, 2005 SUBJECT: Housing Commission Recommendations from 2003 Regarding Parking and Paving of Driveways As per your request, staff has reviewed the previous recommendations of the Housing Commission relative to parking of vehicles and related items. Accordingly, the following items are attached for your review: 1. Agenda and minutes of joint City Council and Housing Commission meeting on April 2, 2003. 2. Copies of draft ordinances submitted by the Housing Commission to the City Council at the April 2, 2003 meeting regarding parking and storage of collector cars and requiring hard surfaces on driveways. 3. Copy of memorandum from Housing Commission to Mayor and City Councilmembers regarding RV ordinance. AGENDA CITY COUNCIL JOINT SESSION WITH HOUSING COMMISSION April 2, 2003 6:00 p.m. Council/Commission Conference Room 1. Call to Order 2. Proposed Amendments to Chapter 12: Rental License 3. Gravel Driveways 4. Recreational Vehicle Storage 5. Miscellaneous 6. Adjourn e MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT SESSION WITH HOUSING COMMISSION APRIL 2, 2003 COUNCIL /COMMISSION CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council met for a joint session with the Housing Commission and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Bob Peppe. Councilmember Diane Niesen was absent and unexcused. Also present: Assistant City Manager Curt Boganey, Community Development Director Brad Hoffman, Community Development Specialist Tom Bublitz, Police Chief Scott Bechthold, Administrative Sergeant Kevin Benner, and Deputy City Clerk Maria Rosenbaum. Housing Commission Members present: Ernie Erickson, Lloyd Deuel, Mary Barrus, Judy Thorbus, Mark Yelich, and David Johnson. Prosecuting Attorney Bill Clelland arrived at 6:05 p.m. Commissioner Stan Leino arrived at 7:00 p.m. and Commissioner Kris Lawerence Anderson arrived at 7:05 p.m. PROPOSED AMENDMENTS TO CHAPTER 12: RENTAL LICENSE Commission Chair Yelich discussed that the Housing Commission had been working on an ordinance amendment regarding rental licensing for approximately a year and a half The Housing Commission reviewed similar ordinances adopted by other cities and have incorporated the best ideas for the City of Brooklyn Center's ordinance. He informed that the Council is being asked for direction on the proposed amendments to Chapter 12. Community Development Director Brad Hoffman informed that he had created five major policy questions for the Council to consider. The Council and Housing Commission Members discussed: 1. Should the City of Brooklyn Center establish a "Provisional" rental license for rental properties that: 04/02/03 _1 a. Fail to meet minimum life, health, and safety requirements of Chapter 12? (Answer was no.) b. Generate excessive calls per apartment unit for police and fire service? (Answer was yes.) During this discussion Prosecuting Attorney Bill Clelland advised that he was not in favor of a provisional rental license and would prefer that the landlords know there is a deadline. Commissioner Mary Barrus informed that tenant behavior was the main focus when looking at this ordinance. The ordinance currently has nothing in it that assists the Police Department with calls for service. Police Chief Scott Bechthold and Administrative Sergeant Kevin Benner discussed the calls for service generally received and informed that the proposed ordinance amendment would help in assisting the Police Department. Mayor Kragness questioned if the ordinance should include something that indicates Apartment Managers need to attend Association of Rental Management (ARM) meetings. Mr. Bechthold discussed maybe that could be an administrative action that if they are not in compliance they need to attend the ARM meetings. Councilmember Peppe questioned if a fee could be created for those who are causing problems. Mr. Clelland discussed the possibility of considering a fee with the inspection or re- inspection process. He indicated that he would be willing to discuss this issue with City Attorney Charlie LeFevere. Mr. Hoffman informed that the Council sets fees by resolution and suggested exploring a charge for calls as a different type of fee. Commission Chair Yelich recommended a no retaliation clause be incorporated like the City of New Brighton's ordinance. Assistant City Manager Curt Boganey questioned if the Council was in consensus for a provisional license for excessive police and fire calls, if fees should be set at a rate to reimburse the City for the cost of helping with the management of apartments, and getting a response from the City Attorneys for codified language to the ordinance. Councilmember Carmody indicated that she would like to see costs to help reimburse the City and that the amount is not important. Councilmember Peppe indicated that he would like to see some type of provisional license fee charged for services and questioned the average of calls. Mr. Hoffman indicated that would bring the Council to the next question. 2. How many calls for police and/or fire service should be considered excessive on an annual basis? O 04/02/03 -2- a. One call per apartment unit b. Less than one call per apartment unit (Answer was .4 1.) During this discussion Mr. Hoffman distributed and discussed a chart for calls of service in 2002 and the breakdown of calls per units during a two -month period. He informed that the average for calls is .37 and suggested the Council consider .41 as an amount for excessive calls. Councilmember Peppe informed that he believes that would be a good starting point. Commissioner Leino arrived at 7:00 p.m. It was the consensus of the Council to set .41 as the calls to be considered excessive on an annual basis. 3. What size apartment complex should be required to comply with this ordinance? a. Four -plex and larger b. Ten apartment units or more c. Other (Answer was five and above.) Commissioner Kris Lawrence Anderson arrived at 7:05. Mayor Kragness questioned Mr. Benner about ten or more units. Mr. Benner responded that ten or more would be reasonable. Councilmember Carmody expressed that she would like to keep it at four. Councilmember Lasman questioned if they still pay before the provisional rental license would kick in. Mr. Hoffman distributed and discussed Section 12 -911 and Community Development Specialist Tom Bublitz informed that the provisional rental license deals with the overall complex. It was the consensus of the Council that five and above would need to comply with this ordinance. 4. Should a regular rental license term be for one year or two years? (Answer was two years.) Councilmember Carmody informed that since the Police Department can generate monthly reports, two years is fine with her. Commissioner Barrus suggested two -year licenses with the properties looked at once a year. 04/02/03 -3- Mayor Kragness questioned if the Council would need to make a provisional license decision during the two -year term of a regular license if calls exceed the provisional license threshold. Mr. Boganey informed that the language as written does not clearly specify. Mr. Clelland informed that the ordinance could be amended to include such language. It was the consensus of the Council that the regular rental license term should be for two years. 5. Should the City of Brooklyn Center require apartment owners to conduct criminal background checks on prospective tenants? (Answer was yes.) Councilmember Lasman informed that she believes it is important for criminal background checks and questioned financial background checks. Mr. Clelland suggested that the Council limit the background checks to only criminal since financial background checks are a burden and hard to receive. It was the consensus of the Council to require apartment owners to conduct criminal background checks on prospective tenants. Councilmember Carmody questioned if the changes to be incorporated into the ordinance could be made and when the City Council would have this item on an agenda. Mr. Hoffman informed that he believes that the changes could be incorporated and that the item could be on an agenda relatively soon. Council directed staff to re are a revised draft for review and action b the Council. pp y Mr. Bechthold and Mr. Benner left the meeting at 7:47 p.m. GRAVEL DRIVEWAYS Councilmember Carmody informed that the Housing Commission started reviewing Chapters 19 and 25 of the City Ordinances after reoccurring compliance roblems at a property on Brooklyn p p p Y Boulevard. The proposed amendments request for driveways for single family and two family residential dwellings to be hard surfaced such as concrete, asphalt, brick, or similar hard surfaces in accordance with the Engineering Department specifications; and to limit no more than two appropriately licensed but inoperable pioneer, classic, or collector vehicles. The Housing Commission is requesting direction from the Council as to the proposed amendments suggested to both ordinances. Council discussed and reviewed pictures that Councilmember Carmody presented. Commissioner Leino discussed the City of Fridley's practice allowing residents to come in compliance with their ordinance within a three year time period. 04/02/03 -4- i Mr. Hoffinan raised the issue of what would happen if an owner were not to comply within the three year time period. It was proposed that owners be required to comply if and when the property was sold or transferred to new ownership. Mr. Boganey informed that staff would have to research this issue and also look at the pros /cons for adequate notification to the buyers and sellers of properties before making a decision on this issue. Mayor Kragness expressed that was a fair approach. RECREATIONAL VEHICLE STORAGE After further discussion regarding the proposed amendment to Chapter 19 regarding the no more than two appropriately licensed but inoperable pioneer, classic, or collector vehicles, it was the consensus of the Council to do nothing with the amendment proposed. Councilmember Peppe requested that the ordinance continues to be reviewed and thought out to change gradually. Mayor Kragness suggested to all that they continue to contact Code Enforcement when they see issues to be consistent and have these issues measured fairly. MISCELLANEOUS There were no miscellaneous items discussed. ADJOURNMENT Amotion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the work session at 8:29 P .m. City Clerk Mayor 04/02/03 _5_ CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 2001 at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Section 19 -1303 of the City Ordinances Regarding Parking and Storage of Vehicles. 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 SECTION 19 -1303 OF THE CITY ORDINANCES REGARDING PARKING AND STORAGE OF VEHICLES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19 of the City Ordinance of the City of Brooklyn Center is hereby amended as follows: Section 19 -1303. PARYJNG AND STORAGE. With the exception of appropriately licensed pioneer, classic, or collector vehicles as defined in Minnesota Statutes Section 168.10 no person shall park, keep, place or store, or permit the parking or storage of a vehicle on a public street or alley or on any private lands or premises which he owns, occupies, or controls unless the vehicle shall be within a building on such premises. No more than two appropriately licensed but inoperable pioneer, classic, or collector vehicles as defined by Minnesota Statutes Section 168.10 may be stored on the owner's property provided that such vehicles are screened from public view by means of a six foot opaque fence. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2001. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 2001 at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway to consider An Ordinance Amending Chapters 19 and 25 of the City Ordinances regarding the Construction or Private Driveways and Sidewalks. 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 CHAPTERS 19 AND 25 OF THE CITY ORDINANCES REGARDING THE CONSTRUCTION OF PRIVATE DRIVEWAYS AND SIDEWALKS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS 'FOLLOWS: Section 1. Chapter 19, Section 103, Subd. 14 is hereby amended as follows: Section 19 -103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a public nuisance to permit, maintain or harbor any of the following: 14. The outside parking and/or storage on occupied residentially used property of usable or non usable vehicles, trailers, watercraft, snowmobiles, recreation vehicles, all terrain vehicles and similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, or other nonpermanent structures unless they comply with the following: a) Vehicles, trailers and watercraft may be parked or stored outside in any yard provided, however, if they are parked or stored in the front yard area, or a yard area abutting a public street, they must be parked or stored on an authorized parking or driveway area or a paved or graveled extension of an authorized parking or driveway area and be in compliance with Section 19 -1301 through 1305 of the City rdinances. Authorized thorized drivewa Y s and paved or graveled extensions thereof may not exceed 58 °�a ©T he 4-A-BA the limits established by Section 25 -501 of the City Ordinances unless approved by the city council as part of a plan approval for an apartment complex pursuant to Section 35 -230 of the City Ordinances. Section 2. Chapter 25, Subd. 501 is hereby amended as follows: CONSTRUCTION OF PRIVATE DRIVEWAYS AND SIDEWALKS Section 25 -501. WHEN AUTHORIZED. Property owners are hereby authorized to construct driveways and sidewalks on private property and on property traversing the boulevard connecting onto the streets owned by the City of Brooklyn Center subject to the following conditions: a. Such construction work must be done at the expense of the property owner and no such construction work shall impair or damage the street. b. The granting of permission by the council for this purpose shall give the owner no right or claim against the city if and when the City shall regrade the streets and shall otherwise improve or maintain said streets so that if following any construction or maintenance work on the streets, the property owner is required to reconstruct the driveway or sidewalk as a consequence thereof, he shall not be entitled to any reimbursement by the City. C. Driveways for single family or two family residential dwellings shall not exceed 24 feet in width at the curb line and through the boulevard portion of the street right -of -way. d. Driveways for single family and two family residential dwellings shall be of hard surface such as concrete, asphalt, brick or similar hard surfaces in accordance with Engineering Department specifications. Compliance with the requirement that driveways be constructed of a hard surface shall be achieved by affected property owners no later than 36 months after the effective date of this ordinance. Driveways leading to a garage shall riot exceed the width of said garage. Driveways not leading to a garage are limited to 12 feet in width. On corner lots with two driveways only one of the driveways may exceed 12 feet in width. This section of the ordinance shall not prohibit a paved or graveled expansion of an authorized driveway by twelve feet for vehicle parking or a turnaround area. The total area allowed for authorized driveways and paved or graveled expansions thereof may not exceed the above limits or 50% of the front yard or the yard area abutting a public street, whichever is less. Section 3. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 2001. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, underline indicates new matter.) MEMORANDUM TO: Mayor and City Council Members FROM: Housing Commission DATE: June 18, 2002 SUBJECT: RV Ordinance The Housing Commission has been studying changes to Section 19 -103 as it pertains to recreational vehicles. Our study has included: parking inside right of way sight lines paving surfaces front yard side yard rear yard parking limit number of RV per property possible setback provisions treating boats or snowmobiles with trailers to these same restrictions limit size of RV on property i.e. length, height, gross weight Enclosed with this memo are photos of parked RV's at various addresses within Brooklyn Center. Some of the photos show RV's within street right -of -way. Others show more than one RV on the property. We have found the right of way (15' from curb) and sight line to be adequately addressed by our traffic ordinance, Section 27 -120. The Department of Motor Vehicles has indicated there are 195 RV vehicles (motor home type) with Brooklyn Center zip codes. Boats and snowmobile. licenses are an inaccurate count as they are often stored at lake homes or inside garages. Members of the Commission feel the effects of an ordinance change may be minimal in improving curb appeal/appearance. Enforcement can be enhanced to move some of these RV's from near the curb. Members also feel narrow restrictions may be obtrusive to the rights of homeowners. We look forward to meeting with Council to discuss these items. 1, 1 M1 Vi u VN MF f 7411 t it 111.. �I�a i. a •`tl�/��s f r S A 4 :i *3Sr .f �1� •1 OwA�LA��'�� D '3! r. -,,t� a 1 °g ��(i l7 �tl.y�r "i� f., ��.IR 4 1s�f�y�" Ts R. i !F f 11� M ti r�-� 1� iz S i CC I w ,r' a .i 1lELElIFjFtf �i �r� l M 8