The URL can be used to link to this page

Home My WebLink About2000 01-10 CCP Regular Session • CITY COUNCIL MEETING Public Copy City of Brooklyn Center January 10, 2000 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 Flag Ceremony -Girl Scout Troop 1563 4. Roll Call • 5. Council Report 6. 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 Counciimember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. December 13, 1999 - Study Session 2. December 13, 1999 - Regular Session b. Licenses C. Resolution Designating Depositories of City Funds d. Resolution Appointing Auditors for the Year Ended December 31, 1999 CITY COUNCIL AGENDA -2- January 10, 2000 e. Resolution Setting Special Assessment and Internal Loan Interest Rates for the Year 2000 f. Resolution Designating Official Newspaper g. Resolution Appointing Michael J. McCauley as Director and Jim Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group h. Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions i. Resolution Approving Change Order No. 4, Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 1998 -01, 02, and 03, Contract 1998 -D, Bellvue Neighborhood Street, Storm Drainage, and Utility Improvements • j. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 1998 -04, 05, and 06, Contract 1998 -E, St. Al's Neighborhood Street, Storm Drainage, and Utility Improvements k. Resolution Amending the Schedule of Tree and Weed Program Fees I. An Ordinance Amending Chapter 35 of the Code of Ordinances Relating to Erosion Control and Floodplain Regulations - Motion to approve first reading and set January 24, 2000, for public hearing and second reading. m. Resolution Designating 2000 Planting List of Allowable Boulevard Tree Species n. Resolution Authorizing the Purchase of a Street Sweeper o. Resolution Approving Change Order No. 1, Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1999 -09, Contract 1999 -F, Elevated Storage Tank Repair - Tower #1 7. Public Hearings a. Private Kennel License Application Submitted by Craig and Jeanne O'Brien, 6730 Drew Avenue North s CITY COUNCIL AGENDA -3- January 10, 2000 - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to render a final decision to reverse, affirm, or amend the City Manager's decision to deny a private kennel license for Craig and Jeanne O'Brien, 6730 Drew Avenue North. 8. Council Consideration Items a. Selection Presiding Officers - Mayor Pro Tern and Acting Mayor Pro Tern - Requested Council Action: - Council discuss and select presiding officers. b. Appointment of Council Member to Serve as City Representative 1. League of Minnesota Cities 2. North Metro Mayors Association • 3. Northwest Suburbs Cable Communications Commission 4. Association of Metropolitan Municipalities - Requested Council Action: -Mayor appoint Council Member to serve on each committee. C. Mayoral Appointments of Council Liaisons to City Commissions for 2000 1. Financial Commission 2. Housing Commission 3. Northwest Hennepin Regional Human Rights Commission 4. Park and Recreation Commission - Requested Council Action: - Motion to ratify Mayoral appointments. d. Resolution Expressing Recognition and Appreciation of Members Who Have Served on City Advisory Commissions - Requested Council Action: - Motion to adopt resolution. e. Appointment of Mayor to Visitors and Convention Bureau - Requested Council Action: - Motion to appointment Mayor. • • CITY COUNCIL AGENDA 4- January 10, 2000 f. Resolution Ordering the Correction of Hazardous Conditions and Further for the Abatement of Public Nuisances, Safety and Health Hazards and Other Ordinance and Statutory Violations with Respect to That Real Estate Located at 5025 Ewing Avenue North, Brooklyn Center, Minnesota 55429 Legally Described as Lot 12, Block 2, TWIN LAKE WOODS 2ND ADDITION, According to the Recorded Plat Thereof, Hennepin County, Minnesota -Requested Council Action: - Motion to adopt resolution. g. Resolution Ordering the Correction of Hazardous Conditions and Further for the Abatement of Public Nuisances, Safety and Health Hazards and Other Ordinance and Statutory Violations with Respect to That Real Estate Located at 7000 Oliver Avenue North, Brooklyn Center, Minnesota 55430 Legally Described as Lot 12, Block 9, in HIPP' S EAST PALMER LAKE ADDITION, According to the Recorded Plat Thereof, Hennepin County, Minnesota - Requested Council Action: • - Motion to adopt resolution. h. Appointments to Shingle Creek and West Mississippi Watershed Management Commissions Technical Advisory Committee - Requested Council Action: - Motion to appoint Diane Spector as Technical Advisory Committee Member and Scott Brink as the alternate. i. Brooklyn Center School District - Temporary Classrooms 1. Agreement Between the City of Brooklyn Center and Independent School District No. 286 Regarding Construction of Temporary Classroom Space. 2. An Ordinance Amending Section 35 -310 of the Brooklyn Center Code of Ordinances, Designating Temporary Classrooms as Interim Uses in R -1 Districts - Requested Council Action: - Motion to enter into agreement with Independent School District No. 286 and approve first reading of ordinance and set February 14, 2000, for second reading and public hearing. j. Report on Legal Firm Interview Process - Requested Council Action: • -City Manager will provide report. • CITY COUNCIL AGENDA -5- January 10, 2000 k. Report from Housing Commission on Occupancy Limits -Requested Council Action: - Motion to accept report. 1. Set Date of Public Hearings on a Policy and Criteria for Granting Business Subsidies and on the Grant of a Business Subsidy for the Brookdale Mall Project -Requested Council Action: - Motion to set date of public hearings for January 24, 2000. m. Introduce Ordinance Regarding Lease/Purchase by Independent School District No. 286 of Humboldt Liquor Store -Requested Council Action: - Motion to introduce ordinance and set second reading and public hearing for February 14, 2000. 9. Adjournment • City Council Agenda Item No. 6a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION DECEMBER 13, 1999 CONFERENCE ROOM B CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in study session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Community Development Director Brad Hoffman, Public Works Director Diane Spector, and Recording Secretary Maria Rosenbaum. Others present were representatives from the Brooklyn Center School District. City Manager Michael McCauley requested that the Council discuss the item regarding temporary classrooms at Earle Brown Elementary School since there were representatives present. Mr. McCauley informed the Council that the Planning Commission had made a recommendation to direct the City Attorney to prepare an agreement authorizing the use of a temporary classroom at Earle Brown Elementary School. Council discussed some of the concerns with temporary classrooms such as fire and safe issues p �' t3' the playground so close to the temporary classrooms, use of restrooms, and the time frame for temporary. Mr. McCauley suggested that this item be further discussed during the regular meeting. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed a few of the regular agenda items. Councilmember Nelson requested to have a statement added to the Truth in Taxation Budget Hearing minutes. 12/13/99 -1- DRAFT DISCUSSION OF 69TH AND BROOKLYN BOULEVARD REDEVELOPMENT • OPTIONS Mr. McCauley discussed the status of the RFPs for the 69th and Brooklyn Boulevard redevelopment. A total of ten proposals were sent to developers, architects, individuals or other interested parties. All were capable both in experience and financial capability of developing the site and had expressed some level of interest in the site. Of the ten proposals sent only one proposal was submitted. Community Development Director Brad Hoffinan informed the Council that he had spoken with a number of the parties that had requested proposals and asked why they did not submit a response. Some of the responses were that the site was too small, the developer was too busy, and some expressed a continued interest dependent upon their workload. Council discussed the options for the redevelopment and the potential for seeking RFPs again. It was the consensus of the Council to seek RFPs again. DISCUSSION OF COMMUNITY PRESENTATIONS Council discussed the possibility of having various groups or organizations in the community doing presentations at regular Council meetings. ADJOURNMENT 0 The Council adjourned the study session at 6:45 p.m. City Clerk Mayor 12/13/99 -2- DRAFT • MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 13, 1999 CITY HALL 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in regular session and was called to order by President Myrna Kragness at 7:04 p.m. 2. ROLL CALL President Myrna Kragness, Commission Members Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: Executive Director Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. • 3. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Commissioner Peppe, seconded by Commissioner Lasman to approve the agenda and consent agenda. Motion passed unanimously. 3a. APPROVAL OF MINUTES A motion by Commissioner Peppe, seconded by Commissioner Lasman to approve the minutes from the regular session on November 8, 1999. Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION APPROVING THE FINAL BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY BUDGET FOR YEAR 2000 PURSUANT TO MSA CHAPTER 469.107, SUBDIVISION 1 Executive Director Michael McCauley discussed this resolution would approve establishing the final EDA budget for 2000. • 12/13/99 -1- DRAFT RESOLUTION NO. 99-24 . Commissioner Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE FINAL BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY BUDGET FOR YEAR 2000 PURSUANT TO MSA CHAPTER 469.107, SUBDIVISION 1 The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Nelson. Motion passed unanimously. 4b. RESOLUTION REQUESTING THE CITY OF BROOKLYN CENTER TO LEVY TAXES FOR THE BENEFIT OF THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY FOR THE YEAR 2000 Mr. McCauley discussed this resolution would approve the tax levy for the benefit of the EDA for the year 2000. RESOLUTION NO. 99 -25 Commissioner Nelson introduced the following resolution and moved its adoption: RESOLUTION REQUESTING THE CITY OF BROOKLYN CENTER TO LEVY TAXES FOR • THE BENEFIT OF THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY FOR THE YEAR 2000 The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Lasman. Motion passed unanimously. 4e. RESOLUTION AMENDING THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY BUDGET FOR PROJECTS UNDERTAKEN DURING THE YEAR 1999 Mr. McCauley discussed this resolution would amend the EDA's budget for projects undertaken during the year 1999. RESOLUTION NO. 99 -26 Commissioner Peppe introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY BUDGET FOR PROJECTS UNDERTAKEN DURING THE YEAR 1999 12/13/99 -2- DRAFT • • The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Nelson. Motion passed unanimously. 5. PUBLIC HEARING 5a. REGARDING THE SALE OF LAND BY THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF BROOKLYN CENTER 1. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT 2. RESOLUTION AUTHORIZING THE ACQUISITION OF A PARCEL OF REAL PROPERTY FOR REDEVELOPMENT PURPOSES Mr. McCauley discussed the public hearing this evening relates to the proposed acquisition for construction of a new dental clinic at 64th and Brooklyn Boulevard. He requested Community Development Director Brad Hoffinan to outline the development. Mr. Hoffman outlined the redevelopment, the development agreement, and the acquisition of the parcel for redevelopment purposes. It was noted that the proposed project will address a number of public benefits to include but not limited to an increase in employment as well as an increase in the City's tax base. The redevelopment will also address a number of policies as noted in the City's • Comprehensive Plan, the Brooklyn Boulevard Amenities Study, and City ordinances. The policies include: 1. The project reduces the effect of incompatible land use through redevelopment by recognizing the inconsistent zoning of the site. The adjacent parcels are zoned C -1 and this parcel is zoned R -5. 2. The project encourages the upgrade of economically obsolescent structures with the reduction of single - family buildings on Brooklyn Boulevard. 3. The project places emphasis on service office development along Brooklyn Boulevard by consolidating the sites into one and expanding the use. 4. The development will restrict direct access to Brooklyn Boulevard. Access to Brooklyn Boulevard will be from the intersection of 65th which is signalized and will result in the elimination of a curb cut on Brooklyn Boulevard. 12/13/99 -3- DRAFT 5. The Brooklyn Boulevard Amenities Study and the Comprehensive Plan recommends gradually eliminating remaining inappropriate single - family structures and replacing them with office service uses on the site that are large enough to provide for adequate circulation and good site design. Mr. Hoffinan informed the Council that the acquisition of 6421 Brooklyn Boulevard the agreement calls for construction to begin by July 17, 2000. All costs associated with the acquisition will be the responsibility of Park Dental. If the EDA approves these resolutions this evening, it would be the intent to start the process of acquisition immediately. Council discussed the issue and then opened the public hearing. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. No one wished to addressed the Council. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 99-27 Commissioner Hilstrom introduced the following resolution and moved its adoption: • RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Nelson. Motion passed unanimously. RESOLUTION NO. 99-28 Commissioner Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ACQUISITION OF A PARCEL OF REAL PROPERTY FOR REDEVELOPMENT PURPOSES The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Nelson. Motion passed unanimously. 12/13/99 -4- DRAFT . 6. ADJOURNMENT 0 A motion by Commissioner Nelson, seconded by Commissioner Lasman to adjourn the meeting at 7:21 p.m. Motion passed unanimously. President I: 12/13/99 -5- DRAFT • • City Council .Agenda Item No. 6b O City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: January 5, 2000 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on January 10, 2000: COURTESY BENCH Ameribench Company 4215 Winnetka Avenue North, New Hope GASOLINE SERVICE STATION O Christy's Auto Service 5300 Dupont Avenue North Conoco 1505 69th Avenue North Duke's Mobil 6501 Humboldt Avenue North Holiday Stationstore #292 420 66th Avenue North Osseo- Brooklyn Bus Company 4435 68th Avenue North Perfect Car Wash #504 6849 Brooklyn Boulevard R & R Express Mart 1505 69th Avenue North Total 6830 Brooklyn Boulevard Terry Presler Amoco 6044 Brooklyn Boulevard MECHANICAL Bloomington Heating & Air Cond, Inc. 630 West 92nd Street, Bloomington PUBLIC DANCE Minneapolis North Hilton 2200 Freeway Boulevard RENTAL Initial: 3819 France Place Robert Lindahl 6101 Beard Ave N Ken Phalen 4902 France Ave N Dr. William Dudley 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Page 2 • January 10, 2000 Licenses for Approval Renewal: Ryan Terrace Apartments Robert Carpentier 5103 Xerxes Ave N Darnella Anderson 5630 Bryant Ave N John Bunch 4100 Lakebreeze Ave N Bruce Waage Marvin Garden Townhomes Redevco- Marvin Garden Ltd 6835 Noble Ave N Robert Berglund Earle Brown Terrace Lang - Nelson, Associates 5449 Lyndale Ave N Dakota Communities, Inc. Sterling Square Apartments Christopher Johnson SIGN HANGER Scenic Sign Corporation 828 So 5th Street, Sauk Rapids TAXI CAB James Ledlum 5308 Ponds Drive North TOBACCO RELATED PRODUCT Applebee's 1347 Brookdale Center Conoco 1505 69th Avenue North Duke's Mobil 6501 Humboldt Avenue North Holi Deli Commissary #610 1700 Freeway Boulevard Holiday Stationstore #292 420 66th Avenue North K -Mart 5930 Earle Brown Drive Minneapolis North Hilton 2200 Freeway Boulevard Perfect Car Wash #504 6849 Brooklyn Boulevard Rainbow Foods 6350 Brooklyn Boulevard T.G.I. Friday's 2590 Freeway Boulevard Terry Presler Amoco 6044 Brooklyn Boulevard Tobacco Center 6300 Brooklyn Boulevard Total 6830 Brooklyn Boulevard Walgreens #04320 6390 Brooklyn Boulevard City Council Agenda Item No. 6c MEMORANDUM • TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: January 4, 2000 SUBJECT: Resolution Designating Depositories of City Funds In January of each year, the City Council has passed a resolution designating the financial institutions which are authorized as depositories of City funds. Marquette Bank Brookdale is where the City has all of its checking accounts. The first eight institutions listed in section two are where the City has various investment or debt service accounts. No business is currently conducted with the last two banks listed in section two, but they are listed because they are local banks and may be used if it is in the City's interest to do so. s i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLTJTInN DESIGNATI L)F- nF rITY FUNDS WHEREAS, Section 7.01 of the City Charter provides the City Council with authority over City funds, including the safekeeping and disbursement of public moneys; and WHEREAS, Section 7.10 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the city manager and the city treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. that Marquette Bank Brookdale is hereby designated as the depository of the funds of the City of Brooklyn Center. 2. that the following named banks and brokers are hereby designated additional O depositories to be used for investment purposes: Federal Reserve Bank of Minneapolis US Bank, National Association First Trust Bank of St Paul Wells Fargo Bank Minneapolis Firstar Bank of Minnesota Minnesota Municipal Money Market Fund Dain Bosworth Salomon Smith Barney Firstar Bank of Brooklyn Center Twin City Federal Savings & Loan Association The city treasurer is authorized to deposit City funds in accounts guaranteed by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation and such additional funds not to exceed the amount of 90% of collateral pledged by the depository to the City, and approved by the City. 3. that US Bank is hereby designated as the clearinghouse depository for credit card sales of the Liquor Stores. • e RESOLUTION NO. 4. that Chase Merchant Services, LLC. is hereby designated as the clearinghouse depository for credit card sales of the Recreation Department and Golf Course. 5. that the City Council authorizes the city manager, the city treasurer, or the deputy city treasurer to act for the City in any of its business with the depositories. All checks drawn upon an account of the City shall bear the actual or facsimile signature of the city manager and the city treasurer. 6. that the city manager is Michael J. McCauley, the city treasurer is Charles R. Hansen, and the deputy city treasurer is Robert M. Sundberg. 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. 6d s MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: January 4, 2000 SUBJECT: Resolution Appointing Auditors for the Year Ended December 31, 1999 In 1987, the City began using the firm of Deloitte & Touche for audit services. In 1994, the City Council directed that a request for proposals be solicited from other auditing firms. An audit committee composed of Financial Commission members and staff members was formed in the summer of 1994 and reviewed proposals from six firms. The committee recommended that the City continue to receive services from Deloitte & Touche. In 1996, the Financial Commission recommended and the City Council adopted a policy which established a schedule for conducting a request for proposals (RFPs) for each of the six professional services used by the Finance Department. The purpose was to ensure that some RFPs would be done each year and that all services would be periodically rebid. This schedule established the year 2000 as the next time that a RFP would be conducted for audit services. The Financial Commission susequently recommended and the City Council approved a change to make the year 2001 be the next time an RFP will be conducted. The proposal accepted from Deloitte & Touche in 1994 covered audits for the years 1994, 1995, and 1996. A proposal submitted by Deloitte & Touche in 1996 provides for audits of the years 1997, 1998, and 1999. Deloitte & Touche has submitted the attached engagement letter which provides for them to audit the City's financial report and records. They propose a fee for this service for 1999 of $25,500 which is an increase of 2% over the actual fee for the service for the prior year. Federal regulations also require a separate audit of federal grants, know as a single audit, if those grants total more than $300,000 for the year. The city's federal grants didn't exceed that threshold in 1998 and probably won't for 1999. Based upon their 1997 • proposal, Deloitte & Touche would charge an additional fee of $3,750 for the single audit of 1999, if one is required. Based on factors known to staff, Deloitte & Touche is doing excellent work, and we recommend continuing their service. Deloitte normally assigns four people to our audit. The are; a partner, a manager, an in charge accountant, and a junior accountant. The in charge accountant and junior accountant do most of the work in our offices while the partner and manager are in contact by phone and review work at Deloitte's office. Deloitte has audited the City since 1987. It has been their policy throughout this time to rotate in at least one new person out of the four assigned to our audit each year. The more junior members of their team rotate more frequently than the senior members. All of the positions have changed at least once, usually several times since 1987. For this year's audit, Deloitte has informed me that last year's manager and in charge accountant are leaving our team. A new manager has been assigned. Last year's junior accountant will become this year's in charge accountant. A new junior accountant will be assigned. • • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION APPOINTING AUDITORS FOR THE YEAR ENDED DECEMBER_ 31, 1.999 WHEREAS, Section 7.01 of the City Charter provides that the City Council shall have full authority over the financial affairs of the City, including the conduct of an annual audit; and WHEREAS, the City Council has contracted with the firm Deloitte and Touche for the conduct of these audits for the years 1987 through 1998; and WHEREAS, the City Council appointed an Audit Committee to conduct a request for proposal process in 1994 and they have recommended that Deloitte & Touche LLP be retained as the City's auditor; and WHEREAS, the City Council has adopted a Policy and Procedure on Requests for Proposals for Financial Professional Services establishing a schedule which sets the year 2001 as the next time that requests for proposals will be solicited for auditors; and . WHEREAS, Deloitte and Touche has submitted a proposal to audit the City for the year 1999 at a fee of $25,500 for the city audit and plus $3,750 for the audit of federal grants, should that be necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Deloitte and Touche be appointed to conduct the City audit for the year 1998 at a fee of $29,250. 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. Deloitte & � buche Deloitte & Touche LLP Telephone: (612) 397 -4000 �► 400 One Financial Plaza Facsimile: (612) 397 -4450 120 South Sixth Street Minneapolis, Minnesota 55402 -1844 December 1, 1999 The City Manager and Members of the City Council City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear City Manager and Council Members: We are pleased to serve as independent accountants and auditors for the City of Brooklyn Center the City) for the year ending December 31, 1999. Mr. Cliff Hoffman will be responsible for the services that we perform for the City. It will be the responsibility of Mr. Hoffman to ensure that the City receives quality service. Mr. Hoffman will, as he considers necessary, call on other individuals with specialized knowledge, either in this office • or elsewhere in our firm, to assist in the performance of our services. While auditing and reporting on the City's financial statements for the year ending December 31, 1999 is the service that we are to provide under this engagement letter, we would also be pleased to-assist the City on issues as they arise throughout the year. Hence, we hope that the City will call Mr. Hoffman whenever management believes he can be of assistance. This letter sets forth our understanding of the terms and objectives of our engagement, the nature and scope of the services we will provide, and the related fee arrangements. Audit of Financial Statements: Our audit of the City of Brooklyn Center's general purpose financial statements for the year ending December 31, 1999 will be conducted in accordance with generally accepted auditing standards and standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. In addition, we will audit the City's compliance with laws and regulations related to federal awards and the provisions of the Minnesota Legal Compliance Audit Guide for Local Government. We will plan and perform our audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud, and we will perform tests of the City's compliance with certain provisions of laws, regulations, contracts, and grants. However, because of the characteristics of fraud, particularly those involving concealment and falsified documentation (including forgery), a properly planned and performed audit may not detect a material misstatement. • Therefore, an audit conducted in accordance with generally accepted auditing standards is designed to obtain reasonable, rather than absolute, assurance that the financial statements are free of material DeloReTouche Tohm*u The City Manager and Members g • of the City Council City of Brooklyn Center December 1, 1999 Page 2 misstatement. An audit is not designed to detect error or fraud that is immaterial to the financial statements or to detect immaterial instances of noncompliance. As part of our audit, we will consider the City's internal control and assess control risk, as required by generally accepted auditing standards and Government Auditing Standards, for the purpose of establishing a basis for determining the nature, timing, and extent of auditing procedures necessary for expressing an opinion on the financial statements, and not to provide assurance on the City's internal control or to identify reportable conditions. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. Our auditing procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will make audit inquiries and request written responses from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. The objective of an audit carried out in accordance with the standards described above is (1) the expression of an opinion concerning whether the financial statements present fairly in all material respects the financial position, results of operations, and cash flows of the City in conformity with generally accepted accounting principles; (2) reporting on the internal control relevant to an audit of the financial statements; (3) reporting on the City's compliance with laws and regulations, which could have a material effect on the financial statements. The report on our understanding of the City's internal control and the assessment of control risk made as part of the City's financial statement audit will include (1) the scope of our work in obtaining an understanding of the City's internal control and in assessing the control risk and (2) the reportable conditions, including the identification of material weaknesses identified as a result of our work in understanding and assessing the control risk. In addition, we will render a report on illegal acts, as required, depending on the results of our audit procedures. Our ability to express an opinion and render those reports, and the wording of our opinion and reports, will, of course, be dependent on the facts and circumstances at the date of our reports. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or decline to issue a report as a result of this engagement. If we are unable to complete our audit or if our auditors' reports require modification, the reasons therefor will be discussed with the City's management and the City Council. The City Manager and Members of the City Council City of Brooklyn Center December 1, 1999 Page 3 Neither our audit of the City's financial statements for the year ending December 31, 1999, nor any other services provided pursuant to this engagement letter, will provide any assurances, nor will we express any opinion, that the City's systems or any other systems, such as those of the City's vendors, service providers, customers, component units, unconsolidated subsidiaries or joint ventures in which the City has an investment, or other third parties, are year -2000 compliant. In addition, we are not engaged to perform, nor will we perform as part of this engagement, any procedures to test whether the City's systems or any other systems are year -2000 compliant or whether the plans and activities of the City or any third parties are sufficient to address and correct system or any other problems that might arise because of the year 2000, nor will we express any opinion or provide any other assurances with respect to these matters. Management's Responsibility: The financial statements are the responsibility of management. In this regard, management has the responsibility for, among other things, establishing and maintaining effective internal control over financial reporting, for properly recording transactions in the accounting records, for making appropriate accounting estimates, for safeguarding assets, for the overall accuracy of the financial statements and • their conformity with generally accepted accounting principles, and for making all financial records and related information available to us. Management is also responsible for compliance with laws, regulations, contracts, and grants, and for establishing and maintaining effective internal control to ensure such compliance with those requirements applicable to its activities. We will advise you about accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. We will make specific inquiries of management about the representations embodied in the financial statements. As part of our audit procedures, we will request that management provide us with a representation letter acknowledging management's responsibility for the preparation of the financial statements and for compliance with laws and regulations applicable to federal award programs, and confirming certain representations made to us during our audit. The responses to those inquiries and related written representations of management required by generally accepted auditing standards are part of the evidential matter that we will rely on as auditors in forming our opinion on the City's financial statements. Because of the importance of management's representations, the City agrees to release and indemnify Deloitte & Touche LLP and its personnel from all claims, liabilities, and expenses relating to our services under this engagement letter attributable to any misrepresentation by management. If the City intends to publish or otherwise reproduce in any document our report on the City's financial statements, or otherwise make reference to Deloitte & Touche LIP in a document that contains other information in addition to the audited financial statements (e.g., in a debt or equity offering circular or in a private placement memorandum), the City agrees that prior to making any such use of our report, or reference to Deloitte & Touche ily, the City's management will provide us with a draft of the document to read and obtain our approval for the inclusion or incorporation by reference of our report, or the • reference to Deloitte & Touche tap, in such document before the document is printed and distributed. The inclusion or incorporation by reference of our report in any such document would constitute the U The City Manager and Members of the City Council City of Brooklyn i ty n Center y December 1, 1999 Page 4 reissuance of our report and any request by the City to reissue our report or to consent to its inclusion or incorporation by reference in an offering or other document will be considered based on the facts and circumstances existing at the time of such request. The estimated fees outlined herein do not include any services that would need to be performed in connection with any such request to make use of our report, or reference to Deloitte & Touche 1jy; fees for such services (and their scope) would be subject to our mutual agreement at such time and would be described in a separate engagement letter. Other Communications Arising from the Audit. In connection with the planning and the performance of our audit, generally accepted auditing standards and Government Auditing Standards require that we ensure that certain matters are communicated to the City Council. We will report directly to the City Council any fraud of which we become aware that involves senior management, and any fraud (whether caused by senior management or other employees) of which we become aware that causes a material misstatement of the financial statements. We will report to senior management any fraud perpetrated by lower level employees of which we become aware that does not cause a material misstatement of the financial statements; however, we will not report such matters directly to the City Council, unless otherwise directed by the City Council. • We will inform the appropriate level of management of the City and ensure that the City Council is adequately informed with respect to illegal acts that have been detected or have otherwise come to our attention in the course of our audit, unless the illegal act is clearly inconsequential. If, after determining that the City Council has been adequately informed of an illegal act that has been detected or which has otherwise come to our attention in the course of our audit, we conclude that (1) the illegal act has a material effect on the financial statements; (2) senior management has not taken, and the City Council has not caused senior management to take, timely and appropriate remedial actions with respect to the illegal act; and (3) the failure to take appropriate remedial actions is likely to result in a departure from the standard auditors' report or warrant our resignation from the audit engagement, we will directly report our conclusions to the City Council and take such actions as are required by state or federal law to report such matters to funding agencies and appropriate legal authorities. We will also report directly to the City's management and the City Council matters coming to our attention during the course of our audit that we believe are reportable conditions. Reportable conditions are significant deficiencies in the design or operation of internal control that could adversely affect the City's ability to record process, summarize and tY Y , p report financial data consistent with the assertions of management in the financial statements. • The City Manager and Members • of the City Council City of Brooklyn Center December 1 1999 Page 5 In addition, we will communicate to the City Council certain other matters relating to the conduct of our audit, including, when applicable: • Our responsibility as auditors under generally accepted auditing standards and Government Auditing Standards • Significant accounting policies gn g P s • Management judgments and accounting estimates • Significant audit adjustments (recorded and unrecorded) • Other information in documents containing audited financial statements • Disagreements with management • Consultation by management with other accountants on significant matters • • Difficulties encountered in performing the audit • Major issues discussed with management prior to our retention as auditors We may also have other comments for management on matters we have observed and possible ways to improve the efficiency of the City's operations or other recommendations concerning internal control. With respect to these other communications, it is our practice to discuss all comments, if appropriate, with the level of management responsible for the matters prior to their communication to senior management and/or the City Council. Access to Working Papers by Regulators: In accordance with the requirements of Government Auditing Standards, we are required to provide access to our working papers and photocopies thereof to a federal agency or the Comptroller General of the United States upon their request for their regulatory oversight purposes. If such a request is made gu ry g P rP q , we will inform you prior to providing such access. The working papers for this engagement are the property of Deloitte & Touche iY and constitute confidential information. Access to the requested working papers will be provided to representatives of the United States General Accounting Office or other appropriate government audit staffs under the supervision of Deloitte & Touche tLP audit personnel and at a location designated by our firm. If photocopies are requested, we will mark all information as confidential and maintain control over the duplication of all information. All professional and • administrative services relating to such access (including photocopying) will be charged as an additional expense to the engagement. The working papers relating to this audit will be retained by us for a c t The City Manager and Members • of the City Council City of Brooklyn Center December 1, 1999 Page 6 minimum of three years from the date of the reports issued, or such longer period as may be required to satisfy legal and administrative requirements. Professional Fees: Our fees for these services will be based on the actual time spent at our standard hourly rates, plus travel and other out -of- pocket costs (e.g., report production, typing, and postage). Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Based on our proposal dated October 5, 1997, the fees should approximate $25,500. This assumes expenditures for federal awards in 1999 are under $300,000, and thus no compliance work under OMB Circular A -133 will be necessary. This estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We appreciate the opportunity to be of service to the City of Brooklyn Center. If you have any questions, please let us know. We have attached our latest peer review report for your information. I If the above terms are acceptable to the City of Brooklyn Center and the services outlined are in accordance with your understanding, please sign the enclosed copy of this letter in the space provided and return it to us. Yours truly, Accepted and agreed to by the City of Brooklyn Center by: Signature Title Date i HE RNs & YOUNG LLP . 7 Seventh Avenue . Phone: 212 773 3000 New York, New York 10019 Deloitte & Touche LLP We have reviewed the system of quality control for the accounting and auditing practice of Deloitte & Touche LLP (the Firm) in effect for the year ended March 31, 1996. Our review was conducted in conformity with standards for peer reviews promulgated by the Peer Review Committee of the SEC Practice Section of the AICPA Division for CPA Firms (the Section). We tested compliance with the Firm's quality control policies and procedures at the Firm's National office and at selected practice offices in the United States and with the membership requirements of the Section to the extent we considered arr• � These tests included the application of the Firm's policies and procedures on selected accounting and auditing engagements. We tested the supervision and control of portions of engagements performed outside the United States. In performing our review, we have given consideration to the general characteristics of a system of quality control as described in quality control standards issued by the AICPA. Such a system should be a . comprehensive and suitably designed in relation to the firm's organizational structure, its policies, and the nature of its practice. Variance in individual performance can affect the degree of compliance with a firm's prescribed quality control policies and procedures. Therefore, adherence to all policies and procedures in every case may • not be possible. As is customary in a peer review, we are issuing a letter under this date that sets forth comments relating to certain policies and procedures or compliance with them. These matters were not considered to be of sufficient significance to affect the opinion expressed in this report. In our opinion, the system of uali control for the accounting and auditing q h' g g practice of Deloitte & Touche LLP in effect for the year ended March 31, 1996 met the objectives of quality control standards established by the AICPA, and was being complied with during the Year then ended to provide the Firm with reasonable assurance of conforming with professional standards. Also, in our opinion, the Firm was in conformity with the membership requirements of the Section in all material respects. �Cart�,�a� f LLB New York, New York November 25, 1996 Ernst & Young LLP is a member of Ernst & Young International, Ltd. City Council Agenda Item No. 6e MEMORANDUM • TO: Michael J. McCauley, Manager Y, City g FROM: Charlie Hansen, Finance Director DATE: January 4, 2000 SUBJECT: Resolution Setting Special Assessment and Internal Loan Interest Rates for the Year 2000 On May 13, 1996, the City Council adopted by motion a policy recommended to them by the Financial Commission and the staff which established a method for annually setting interest rates for special assessments and internal loans. The policy uses the net interest rate from the City's most recent bond sale and adds another two percent to cover the cost of administration and provide protection from changes in market interest rates over the life of the special assessment. The exception to using our last bond sale would be if we didn't have one in the past year • or if interest rates had changed substantially since then. In the case of this year, we did have a bond sale on November 22, 1999 and interest rates haven't changed substantially since then. The attached resolution sets the interest rate at 7.0% for the year 2000. This rate will be used on any special assessments levied during 2000 and means that internal loans will also be charged 7.0 %. We have been using 6.0 % for these purposes in 1999, 6.5 % in 1998, and 7 % from 1994 through 1997. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SETTING SPECIAL ASSESSMENT AND INTERNAL LOAN INTEREST RATES FOR THE YEAR 2000 WHEREAS, the City Council adopted by motion a policy on special assessment and internal loan interest rates on May 13, 1996; and WHEREAS, the policy on interest rates calls for the rate to set at the rate from the last bond sale plus 2 %, with the result rounded off to the nearest half percent; and WHEREAS, the City of Brooklyn Center last sold bonds on November 22, 1999 at a net interest cost of 4.8614%. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the annual rate of interest to be charged on special assessments and on loans by the Investment Trust Fund to all other City funds be set at 7.0 %, effective for the year 2000. • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • I City Council Agenda Item No. 6f Office of the City Clerk City of Brooklyn Center A great place to start. A great place to stay. s MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 5, 2000 SUBJECT: Resolution Designating Official Newspaper Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circulation in the City as its official newspaper. Minnesota Sun Publications has once again requested the g Council to designate the Brooklyn Center Sun -Post to be the official newspaper news q � Y P for 2000. The Brooklyn Center ter Sun -Post meets all necessary requirements for designation. The attached resolution designates the Brooklyn Center Sun -Post as the official newspaper for the City of Brooklyn Center for the year 2000. Attachments: Resolution Designating Official Newspaper Minnesota Statutes Chapter 331A Minnesota Sun Publications Letter • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter and Minnesota Statutes Section 412.831 requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun -Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun -Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun -Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 2000. • 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. • http: / /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl Minnesota Statutes 1999, Chapter 331A. Copyright 1999 by the Office of Revisor of Statutes, State of Minnesota. == 331A.01 331A.01 Definitions. Subdivision 1. Scope. As used in sections 331A.01 to 331A.11, the terms defined have the meanings given them except as otherwise expressly provided or indicated by the context. Subd. 2. Known office of issue. "Known office of issue" means the principal office maintained by the publisher or managing officer during a newspaper's regular business hours to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office, and devoted primarily to business related to the newspaper. A newspaper may have only one known office of issue. Subd. 3. Local public corporation. "Local public corporation" means a county, municipality, school district, or any other local political subdivision or local or area district, commission, board, or authority. Subd. 4. Municipality. "Municipality" means a home rule charter or statutory city or town. Subd. 5. Newspaper. "Newspaper" means a publication issued regularly by the same person or corporation, or a • successor, whether the name of the publication is the same or different. Subd. 6. Proceedings. "Proceedings" means the substance of all official actions taken by the governing body of a local public corporation at any regular or special meeting, and at minimum includes the subject matter of a motion, the persons making and seconding a motion, the roll call vote on a motion, the character of resolutions or ordinances offered, including a brief description of their subject matter, and whether defeated or adopted. Subd. 7. Public notice. "Public notice" means every notice required or authorized by law or by order of a court to be published by a qualified newspaper, and includes: (a) every publication of laws, ordinances, resolutions, financial information, and proceedings intended to give notice in a particular area; (b) every notice and certificate of election, facsimile ballot, notice of referendum, notice of public hearing before a governmental body, and notice of meetings of private and public bodies required by law; and (c) every summons, order, citation, notice of sale or other notice which is intended to inform a person that the person may or shall do an act or exercise a right within a designated period or upon or by a designated date. • (d) this subdivision contains no independent requirement for the publication of any public notice. 1 of 8 12/22/99 11:24 AM http: / /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl Subd. 8. Qualified newspaper. "Qualified newspaper" means a newspaper which complies with all of the provisions of • section 331A.02. The following terms, when found in laws referring to the publication of a public notice, shall be taken to mean . a qualified newspaper: "qualified legal newspaper," "legal newspaper," "official newspaper," "newspaper," and "medium of official and legal publication." Subd. 9. Secondary office. "Secondary office" means an office established by a newspaper in a community other than that in which its known office of issue is located, in the same or an adjoining county, to enhance its coverage of and service to that community, open on a regular basis to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office, and devoted primarily to business related to the newspaper. Subd. 10. Summary. "Summary" means an accurate and intelligible abstract or synopsis of the essential elements of proceedings, ordinances, resolutions, and other official actions. It shall be written in a clear and coherent manner, and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a designated location. A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized had been published. No liability shall be asserted against the local public corporation in connection with the publication of a summary or agenda. HIST: 1984 c 543 s 20; 1986 c 444 == 331A.02 331A.02 Requirements for a qualified newspaper. Subdivision 1. Qualification. No newspaper in this state shall be entitled to any compensation or fee for publishing any public notice unless it is qualified as a medium of official and legal publication. A newspaper that is not qualified must inform a public body that presents a public notice for publication that it is not qualified. To be qualified as a medium of official and legal publication, a newspaper shall: (a) be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches; (b) if a daily, be distributed at least five days each week, or if not a daily, be distributed at least once each week, for 50 weeks each year. In any week in which a legal holiday is included, not more than four issues of a daily paper are necessary; (c) in at least half of its issues each year, have no more than 75 percent of its printed space comprised of advertising • material and paid public notices. In all of its issues each year, have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the community which it purports to serve. Not more than 25 percent of its total nonadvertising column inches 2 of 8 12/22/99 11:24 AM http: / /www.revisor.leg. state .mn.us /cgi= bin/getstatchap.pl in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news • services; (d) be circulated in the local public corporation which it purports to serve, and either have at least 500 copies regularly delivered to paying subscribers, or have at least 500 copies regularly distributed without charge to local residents; (e) have its known office of issue established in either the county in which lies, in whole or in part, the local public corporation which the newspaper purports to serve, or in an adjoining county; (f) file a copy of each issue immediately with the state historical society; (g) be made available at single or subscription prices to any person, corporation, partnership, or other unincorporated association requesting the newspaper and making the applicable payment, or be distributed without charge to local residents; (h) have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i) between September 1 and December 31 of each year publish a sworn United States Post Office periodicals -class statement of ownership and circulation or a statement of ownership and circulation verified by a recognized independent circulation auditing agency covering a period of at least one • year ending no earlier than the June 30 preceding the publication deadline. When publication occurs after December 31 and before July 1, qualification shall be effective from the date of the filing described in paragraph (j) through December 31 of that year; and (j) after publication, submit to the secretary of state by December 31 a filing containing the newspaper's name, address of its known office of issue, telephone number, and a statement that it has complied with all of the requirements of this section. The filing must be accompanied by a fee of $25. The secretary of state shall make available for public inspection a list of newspapers that have filed. Acceptance of a filing does not constitute a guarantee by the state that any other qualification has been met. Subd. 2. Earlier qualification. Newspapers which have been qualified, on May 20, 1965, as mediums of official and legal publication shall remain qualified only if they meet the requirements of subdivision 1, except as follows: (a) If on May 20, 1965, any newspaper is a qualified medium of official and legal publication but is printed in a foreign language, or in English and a foreign language, and otherwise qualifies as a medium of official and legal publication pursuant to the requirements of subdivision 1, it shall be a medium of official and legal publication so long as it otherwise qualifies pursuant to the requirements of subdivision 1. • (b) If on May 20, 1965, any newspaper has been circulated in and near the municipality which it purports to serve to the extent of at least 240 but less than 500 copies regularly delivered to paying subscribers and otherwise qualifies as a medium of official and legal publication pursuant to the 3 of 8 12/22/99 11:24 AM http: / /www. revisor. leg. state .mn.us /cgi- bin/getstatchap.pl requirements of subdivision 1, it shall be a medium of official and legal publication so long as at least 240 copies are • regularly so circulated and delivered and it otherwise qualifies pursuant to the requirements of subdivision 1. Subd. 3. Publication; suspension; changes. The following circumstances shall not affect the qualification of a newspaper, invalidate an otherwise valid publication, or invalidate a designation as official newspaper for publication of county board proceedings. (a) Suspension of publication for a period of not more than three consecutive months resulting from the destruction of its known office of issue, equipment, or other facility by the elements, unforeseen accident, or acts of God or by reason of a labor dispute. (b) The consolidation of one newspaper with another published in the same county, or a change in its name or ownership, or a temporary change in its known office of issue. (c) Change of the day of publication, the frequency of publication, or the change of the known office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to maintain its known office of issue in the county, shall deprive a newspaper of its standing as a medium of official and legal publication until the newspaper again becomes qualified pursuant to subdivision 1. • Subd. 4. Declaratory judgment of legality. Any person interested in the standing as a medium of official and legal publication of a newspaper, may petition the district court in the county in which the newspaper has its known office of issue for a declaratory judgment whether the newspaper is qualified as a medium of official and legal publication. Unless filed by the publisher, the petition and summons shall be served on the publisher as in other civil actions. Service in other cases shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside shall be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act and the rules of civil procedure shall apply to the action. HIST: 1984 c 543 s 21; 1985 c 174 s 1; 1- Sp1985 c 13 s 315; 1987 c 30 s 1; 1987 c 286 s 1; 1988 c 682 s 42; 1990 c 395 s 1; 1991 c 205 s 17; 1997 c 137 s 13 == 331A.03 331A.03 Where notice published. Subdivision 1. Generally. Except as provided in subdivision 2, a public notice shall be published in a qualified newspaper, and except as otherwise provided by law, in one that is likely to give notice in the affected area or to whom it is directed. When a statute or other law requires publication in a • newspaper located in a designated municipality or area and no qualified newspaper is located there, publication shall be made in a qualified newspaper likely to give notice unless the particular statute or law expressly provides otherwise. If no qualified newspaper exists, then publication is not required. 4 of 8 12/22/99 11:24 AM http: / /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl Subd. 2. Exception; certain cities of the fourth class. • A public notice required to be published by a statutory or home rule charter city of the fourth class located in the metropolitan area defined in section 473.121, subdivision 2, is not required to be published in a qualified newspaper if there is no qualified nondaily newspaper of general circulation in the city, provided the notice is printed in a newsletter or similar printed means of giving notice that is prepared by the city and either mailed or delivered to each household in the city. HIST: 1984 c 543 s 22; 1991 c 53 s 1 == 331A.04 331A.04 Designation of a newspaper for official publications. Subdivision 1. Priority. The governing body of any local public corporation, when authorized or required by statute or charter to designate a newspaper for publication of its official proceedings and public notices, shall designate a newspaper which is a qualified medium of official and legal publication in the following priority. Subd. 2. Known office in locality. If there are one or more qualified newspapers, the known office of issue of which are located within the local public corporation, one of them shall be designated. Subd. 3. Secondary office in locality. When no qualified newspaper has a known office of issue located in the • local public corporation, but one or more qualified newspapers maintain a secondary office there, one of them shall be designated. Subd. 4. General circulation in locality. When no qualified newspaper has its known office of issue or a secondary office located within the local public corporation, then a qualified newspaper of general circulation there shall be designated. Subd. 5. Other situations. If a local public corporation is without an official newspaper, or if the publisher refuses to publish a particular public notice, matters required to be published shall be published in a newspaper designated as provided in subdivision 4. The governing body of a local public corporation with territory in two or more counties may, if deemed in the public interest, designate a separate qualified newspaper for each county. HIST: 1984 c 543 s 23 == 331A.05 331A.05 Form of public notices. Subdivision 1. English language. All public notices shall be printed or otherwise disseminated in the English language. Subd. 2. Time of notice. Unless otherwise specified • by a particular statute, or by order of a court, publication of a public notice shall be as follows: (a) the notice shall be published once; 5of8 12/22/99 11:24 AM http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl (b) if the notice is intended to inform the public about a future event, the last publication shall occur not more than 14' days and not less than seven days before the event; (c) if the notice is intended to inform the public about a past action or event, the last publication shall occur not more than 45 days after occurrence of the action or event. Subd. 3. Type face. Except as otherwise directed by a particular statute requiring publication of a public notice, a public notice shall be printed in a type face no smaller than six point with a lower case alphabet of 90 point. Larger type faces may be used. Subd. 4. Title or caption. Every public notice shall include a title or caption in a body type no smaller than brevier or eight point referring to the content of the notice. Larger type faces may be used. Subd. 5. Local options. The governing body of a local public corporation may, to better inform the public, increase the frequency of publication of a public notice beyond the minimum required by a particular statute. It may use forms and styles for the notice as it deems appropriate, including the use of display advertisements and graphics. It may publish or disseminate the notice in other newspapers in addition to the newspaper required to be designated under section 331A.04. Regardless of whether a particular statute specifies "legal notice," "public notice," "notice," or uses similar terms, the governing body may use whatever form for the published notice that it deems appropriate in order to adequately inform the public, subject to the requirements of sections 331A.01 to • 331A.11. Nothing in the foregoing provisions of this subdivision shall require the governing body of a local public corporation to use the options described. Subd. 6. Conflict of laws. Nothing in this section shall invalidate or affect any statutory or charter provision imposing additional or special qualifications for publication of particular notices or proceedings. Subd. 7. Errors in publication. If through no fault of the local public corporation, an error occurs in the publication of a public notice, the error shall have no effect on the validity of the event, action, or proceeding to which the public notice relates. HIST: 1984 c 543 s 24; 1997 c 56 s 1 == 331A.06 331A.06 Fees for publication. Subdivision 1. The maximum rate charged for publication of a public notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears, and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. Subd. 2. Fees for publication. Notwithstanding • subdivision 1, no newspaper may increase its rates for publication of public notices by more than ten percent per year, as compared to the maximum rate actually charged by the newspaper in the previous year for publication of public notices, and in any case the new rate shall not exceed the rate 6 of 8 12/22/99 11:24 AM http: / /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl described in subdivision 1. Nothing in this section shall be interpreted to mean that such an increase is required. • Subd. 3. When the governing board of a local public corporation awards a contract for the publication of public notices based on competitive bidding, the rate established by the competitive bidding shall be the rate charged for publication of the public notices. Subd. 4. When a statute refers to publication of a public notice at the legal rate the maximum rate shall be as provided in this section. HIST: 1984 c 543 s 25; 1985 c 174 s 2; 1994 c 465 art 2 s 18 == 331A.07 331A.07 Affidavit of publication. No compensation shall be recoverable for publishing legal or official matter in any newspaper not qualified, until there is filed with the county auditor the affidavit of a person having knowledge of the facts, showing the name and location of the newspaper and the existence of conditions constituting its qualifications as a qualified newspaper as set forth in section 331A.02. If the matter published relates to proceedings in another county, a like affidavit must be filed with its auditor. The affidavit, if it states the required facts, shall be prima facie evidence of them and of the qualification. No compensation shall be recoverable for publishing legal or official matter in any newspaper unless the bill is accompanied by an affidavit of the publisher of the newspaper or the • publisher's designated agent, having knowledge of the facts, setting forth the fact that the newspaper has complied with all the requirements to constitute a legal newspaper. The affidavit must set forth the dates of the month and year and the day of the week upon which the legal or official matter was published in the newspaper. The affidavit must also include the publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to section 331A.06, the maximum charge allowable by law for the publication of the specific legal or official matter in question, and the rate actually charged for that publication. HIST: 1984 c 543 s 26; 1993 c 48 s 7 == 331A.08 331A.08 Computation of time. Subdivision 1. Time for publication. The time for publication of public notices shall be computed to exclude the first day of publication and include the day on which the act or event, of which notice is given, is to happen or which completes the full period required for publication. Subd. 2. Time for act or proceeding. The time within which an act is to be done or proceeding had or taken, as prescribed by the rules of procedure, shall be computed by excluding the first day and including the last. If the last day is Sunday or a legal holiday the party shall have the next secular day in which to do the act or take the proceeding. . HIST: 1984 c 543 s 27 == 331A.09 331A.09 Publication on Sunday. 7 of 8 12/22/99 11:24 AM http: / /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl Any public notice may be printed in a newspaper published on Sunday, and the publication is a lawful publication and a • full compliance with the order of the court or officer ordering the publication. Any notice that, by law or the order of any court, is required to be published for any given number of weeks may be published on any day in each week or the term, and if published as many weeks and as many times in each week as required by the law or order, it is a lawful publication. HIST: 1984 c 543 s 28 == 331A.10 331A.10 Change of name or discontinuance of newspaper. Subdivision 1. Change of name. When a legal notice is required or ordered to be published in a particular newspaper and the name of the newspaper is changed before the publication is completed, the publication shall be made or continued in the newspaper under its new name with the same effect as if the name had not been changed. The proof of the publication, in addition to other requirements, shall state the change of name and specify the period of publication in the newspaper under each name. Subd. 2. Discontinuance. When a newspaper ceases to be published before the publication of a public notice is commenced, or when commenced ceases before the publication is completed, the order for publication, when one is required in the first instance, may be amended by order of the court or judge, to designate another newspaper, as may be necessary. If S no order is required in the first instance, publication may be made or completed in any other qualified newspaper. Any time during which the notice is published in the first newspaper shall be calculated as a part of the time required for the publication, proof of which may be made by affidavit of any person acquainted with the facts. HIST: 1984 c 543 s 29 == 331A.11 331A.11 Application. Subdivision 1. Apply. Sections 331A.01 to 331A.11 apply to all municipalities and local public corporations. Subd. 2. Do not apply. Sections 331A.01 to 331A.11 do not apply to notices required by private agreements or local laws to be published in newspapers, unless they refer to sections 331A.01 to 331A.11, or particular provisions of sections 331A.01 to 331A.11. HIST: 1984 c 543 s 30 • 8 of 8 12/22/99 11:24 AM n41g; *OL;tpapers December 21, 1999 Sharon Knutson City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Ms Knutson: The Brooklyn Center Sun Post would like to be considered for designation as the legal newspa- per for the City of Brooklyn Center for the year 2000. Sun Newspaper is excited to announce that a new feature will be added to legal notices this year. Beginning in January, all published notices will be posted on our website (www.mnsun.com) at no additional charge. This will be an enhancement to the local news coverage already available on the Internet and broaden the readership of your ! legal notices. The rate structure for legals effective January 1, 2000 will be: 1 column width: $15.50 per inch for first insertion $7.75 per inch for subsequent insertions There are 11 lines per inch Notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 pm the Thursday prior to publication; notices that are six pages or more deadline an extra 24 hours in advance. If you require more information to make your decision, please contact me or Meridel Hedblom, our Legal Representative, at 612- 392 -6880. Thank you for considering the Sun Post as the official newspaper for the City of Brooklyn Center in 2000. We appreciate the opportunity to serve the needs of your community. Sincerely, Frank C dins President and Publisher ! 10917 VALLEY VIEW ROAD EDEN PRmRm MINNESOTA 55344 0 612 -829 -0797 0 FAX: 612 -941 -3588 City Council Agenda Item No. 6g Office of the City Clerk City o f Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk aa^ DATE: January 5, 2000 SUBJECT: Resolution Appointing Michael J. McCauley as Director and Jim Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group In 1988 the City Council authorized the City of Brooklyn Center to participate in the joint powers group know as the Hennepin Recycling Group, along with the cities of Crystal and New Hope. Article IV, Sections 2 and 3, of the joint powers agreement require the governing body of the City to annually appoint a representative and alternate to the Board of Directors of Hennepin Recycling Group. The attached resolution designates Michael J. McCauley as Director and Jim Glasoe as Alternate Director. Attachment 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer . Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP WHEREAS, the City Council passed Resolution No. 88 -24 authorizing Brooklyn Center's membership in a joint powers group known as the Hennepin Recycling Group with Crystal and New Hope to implement joint recycling programs; and WHEREAS, the joint powers agreement requires the governing body of the City to annually appoint a representative and alternate to the Board of Directors of Hennepin Recycling Group. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Michael J. McCauley be appointed to represent the City of Brooklyn Center as Director and Jim Glasoe be appointed as Alternate Director of the Board of Directors of Hennepin Recycling Group. • 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. 6h 4031 City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers Hilstrom asman, lson, a Peppe FROM: Michael J. McCauley, City Manager DATE: January 5, 2000 SUBJECT: Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions On June 22, 1992, Resolution No. 92 -149 was adopted by the City Council. The last paragraph of the resolution directs the City Manager to place it on the agenda for readoption the first meeting of the City Council each January as information and reminder of Council /Manager responsibilities. • • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer . adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council/Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commissions other than advisory boards or commissions; and WHEREAS, numerous advisory commissions have served the City since adoption . of the Charter; and WHEREAS, the Charter provides for four Council members and a Mayor, all elected at large, with the Mayor entitled to a single vote as other Council members and who in addition serves as presiding officer of the Council and as official head of the City for ceremonial purposes; and WHEREAS, the Charter provides that "the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City "; and WHEREAS, the Charter provides that "the Council and the City Manager, or either of them, and any officer formally authorized by them, or either of them, shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books and papers "; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment • of any person to office or employment by the City Manager except as provided in Chapter 6 of this Charter; and • RESOLUTION NO. WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to police its own conduct and to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. • NOW, THEREFORE, BE IT RESOLVED by City the Ci Council: 1. To rededicate itself to the spirit and letter of the City Charter, and to call to account any of its members who ignore the spirit and letter of the City Charter. 2. To rededicate itself to the checks and balances of the City Charter that keep City government accountable and to reaffirm its commitment to the first amendment rights of the U.S. Constitution. 3. To pledge that no employees suffer recriminations, abuse or humiliation for acting in a forthright, proper, honest, and candid manner in performing their responsibilities. 4. To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner. Any City officials or employees, elected or appointed, who engage in conflict of interest or who use their positions in a self - serving manner, having the effect of promoting their own financial interest or the financial interest of a friend, associate, business employer, or relative instead of the • public interest, shall be subject to censure by the City Council. RESOLUTION NO. 5. To direct the City Manager to place this resolution for readoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council/Manager responsibilities. 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. 6i S MEMORANDUM DATE: January 3, 2000 TO: Michael J. McCauley, City Manager FROM: Scott A. Brink, City Engineer 0 SUBJECT: Resolution Approving Change Order No. 4, Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 1998 -01, 02, and 03, Contract 1998 -D, Bellvue Neighborhood Street, Storm Drainage, and Utility Improvements On April 27, 1998, the City Council awarded a contract to Thomas and Sons Construction, Inc. for street and utility improvements to the Bellvue Neighborhood, which included 55th Avenue from Irving Avenue North to 4th Street, and those streets located between 55th and 53rd east of and including Dupont Avenue North. On January 25, 1999 the City Council authorized Change Order Nos. 1, 2, and 3. Change Order No. 4, in the amount of $2,860.16, is for the repair of some sanitary sewer services that were not included in the initial contract. This will be funded by the Sanitary Sewer Utility Fund. All contract work by Thomas and Sons has been completed to the City's satisfaction. It is recommended to approve the attached resolution authorizing final payment to Thomas and Sons in accordance with a final contract amount of $2,150,748.49. i Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 4, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1998 -01, 02, and 03, CONTRACT 1998 -D, BELLVUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Thomas and Sons, Inc. has satisfactorily completed the following improvement in accordance with said contract: Improvement Project Nos. 1998 -01, 02, and 03, Contract 1998 -D, Bellvue Neighborhood Street, Storm Drainage, and Utility Improvements NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: • 1. Change Order No. 4 in the amount of $2,860.16 is hereby approved. 2. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $2,150,748.49. 3. The work completed under said contract is accepted and approved according to the following schedule: Costs Per Bid Final Construction $2,142,383.81 $2,082,363.88 Contingency /Change Orders 107,118.42 $68,384.61 Subtotal Construction $2,249,502.23 $2,150,748.49 Engineering $125,000.00 $167,174.88 Legal /Admin/Bond costs 30,877.30 Reforestation 10,000 5,600.27 Street Lights /Power UG 55,000.00 55,000.00 Total Costs $2,439,502.23 I $2,409,400.94 RESOLUTION NO. I Revenues I Per Bid I Final Street Assessments $432,715.00 $426,732.00 Local State Aid 44,676.32 40,488.69 Municipal State Aid 193,216.12 171,047.96 Sanitary Sewer Utility 294,568.51 316,902.18 Water Utility 147,783.56 136,826.59 Storm Drain Assessment 130,117.00 141,518.00 Storm Drain Utility 764,324.50 748,846.66 Special Assess Const.Fund 337,565.90 327,522.38 53rd Ave. DALP Funds 94,535.32 $99,516.48 Total I $2,439,502.23 I $2,409,400.94 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. 6j • MEMORANDUM DATE: January 3, 2000 TO: Michael J. McCauley, City Manager FROM: Scott A. Brink, City Engineer q j SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 1998 -04, 05, and 06, Contract 1998 -E, St. Al's Neighborhood Street, Storm Drainage, and Utility Improvements On April 27, 1998, the City Council awarded a contract to Thomas and Sons Construction, Inc. for street and utility improvements to the St. Al's Neighborhood, which included streets located in an area between 69th Avenue North, France Avenue North, and St. Al's Church. On January 14, 1999 the City Council approved Change Order No. 1, in the amount of $13,436.16. All contract work by Thomas and Sons has been completed to the City's satisfaction. It is recommended to approve the attached resolution authorizing final payment to Thomas and Sons in accordance with a final contract amount of $408,719.51. • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1998 -04, 05, and 06, CONTRACT 1998 -E, ST. AL'S NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Thomas and Sons has satisfactorily completed the following improvement in accordance with said contract: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $408,719.51 2. The work completed under said contract is accepted and approved according to the following schedule: Costs I Per Bid ( Final Construction $410,693.20 $395,283.35 Contingency /Change Orders $41,069.32 13,436.16 Subtotal Construction $451,762.52 $408,719.51 Engineering $47,250.00 $51,041.73 Legal /Admin/Bond cost 9,597.04 Reforestation 10,000.00 2,449.25 Street Lights /Power UG 12,500.00 12,500.00 Total Costs I $521,512.52 I $484,307.53 I Revenues I Per Bid I Final Street Assessments 186,390.00 $186,390.00 Sanitary Sewer Utility 105,232.30 101,310.03 Water Utility 31,643.00 22,671.06 Storm Drain Assessment 64,614.00 64,614.00 • Storm Drain Utility (31,379.30) (31,489.19) Special Assess Constr Fund 165,012.52 140,811.62 Total Revenues ` $521,512.52 I $484,307.53 f RESOLUTION NO. • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • s City Council Agenda Item No. 6k MEMORANDUM DATE: January 3, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Amending the Schedule of Tree and Weed Program Fees The Public Works Department administers two state - mandated programs: the Diseased Tree Removal program and the Noxious Weed/Tall Grass program. There are various fees associated with these programs. We have reviewed these fees and recommend some increases for 2000. Some background information is contained in the attached memorandum from Joyce Gulseth. Tree Program During the height of the Dutch elm disease epidemic, the City contracted with a tree removal service to remove marked trees. Whether the marked tree was on the boulevard or on private property, property owners could choose to have the City's contractor remove the tree, or make arrangements themselves. Several years ago the Diseased Tree Program was amended so that the City's Tree Contractor removed only boulevard trees, and property owners were responsible for arranging for the removal of diseased trees on their private property. At about that time, the City Council enacted Chapter 20 of the Ordinances, the Tree Ordinance, which required that tree care companies doing business in Brooklyn Center be registered (this is not a license) with the City. This registration requires the company to provide proof of adequate liability insurance and a listing of their equipment, and to pay a registration fee of $25. Last year, 42 tree contractors were registered. This fee was established at $25 in 1992, and has not increased. It is intended to recover the staff cost of processing applications, providing registration identification cards, and providing the list of contractors to residents who request copies. I recommend that the fee be increased to $35. No increases to other Tree Program fees are recommended at this time. Weed Program The weed cutting charge and reinspection fee are intended to act as a discouragement to property owners who use the City's weed cutter as a lawn care service. These take up valuable staff time. Very often the "repeat customers" are non - resident owners of vacant property who pay no attention to its care and can tolerate the amount of the charges, which are usually assessed against the property. The fees currently are $40 per hour for weed cutting (one hour minimum) and $50 for each reinspection after the initial citation. After reviewing the fees and practices in other cities, I recommend that these . charges be increased to $45 per hour (two hour minimum) and a $100 reinspection fee. n +i X y o vrER Public Works Department MEMO RAND UM TO: Diane Spector Engineering 4k FROM: Joyce Gulseth Streets SUBJ: Tree and Weed Program Fees ? DATE: December 29, 1999 Parks T MOKO:M Public WEED PROGRAM Utilities The Public Works department has been responsible for the Noxious Weed/Tall Grass program since 1991 and during that time there have been very few changes in the fee structure. In 1995 the Cutter's Fee was increased from $35/hr to $40/hr Central with a one hour minimum charge. Garage In 1989 a $50 inspector's fee was established for all properties receiving a second or subsequent citation in the same year. This fee is intended to impress the seriousness of the problem upon property owners and to discourage using the City as a weed cutting service. This fee is charged whether the property owners abate Watershed the nuisance or the City's weed cutter does so. Management Even though most property owners abate the nuisance themselves, we continue to turn over nearly 20 citations per year to the weed cutter. The pattern for the past three years includes at least four properties cited and mowed more than once each year, three cited and mowed more than two times each year and two cited and mowed more than three times each year. While some of these properties are abandoned, others simply choose to use the City as a lawn service year after year. The attached survey results include cutting fees neighboring cities charge their residents. According to the sources I spoke with, only one of the cities that charge $100 or more per hour has eliminated almost all delinquent citations. TREE PROGRAM In 1992 an ordinance adding Chapter 20 regarding trees was added to the City ordinances. The ordinance adopted was to establish policies to protect and enhance the City's urban forest. Included in Chapter 20 are the requirements for registration of tree trimmers /removers who conduct business in Brooklyn Center. According to Section 20 -501, the annual fee for registration is set by Council resolution from time to time. The fee established in 1992 was $25 and that has not changed. In 1999, 42 contractors met the registration requirements, filed a certificate of insurance, and were registered in Brooklyn Center. Few complained about the $25 fee. • The attached survey results include registration or license fees neighboring cities require of tree trimmers /removers that provide services in their cities. While most of the fees are higher than our $25 fee, it should be noted that seven of the fourteen cities have no license or registration fees. If an increase is considered, it should be nominal. CITY TREE WEED CUTTING CHARGES LICENSE Anoka $50 $45/hr (no administration fee, only send one notice for the entire year) Blaine None $35/hr (includes administration fee) Brooklyn Park None $100 for average yard + $40 administration fee Champlin None $120/hr (includes administration fee) Columbia Heights $50 $57/hr (includes administration fee) Coon Rapids $47 $35/hr no administration fee p ( ) Crystal $74 $38/hr + $100 administration fee for repeat inspection Fridley $40 $35/hr (no administration fee) St. Louis Park $25 $34.13/hr (includes administration fee) Golden Valley None $80/hr (includes administration fee) Maple Grove None $100/hr (includes administration fee) Plymouth None $45/hr + $35 administration fee Robbinsdale $35 $100 (includes administration fee) New Brighton None Park department time and materials rate • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AMENDING THE SCHEDULE OF TREE AND WEED PROGRAM FEES WHEREAS, the City of Brooklyn Center administers two state - mandated programs: the Diseased Tree Removal program and the Noxious Weed /Tall Grass program; and WHEREAS, various charges and fees are established by resolution from time to time to recover the City's cost of administering these programs; and WHEREAS, the Director of Public Works has reviewed the schedule of fees and charges and recommends that certain changes be made. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the schedule of charges and fees for the Diseased Tree program and Noxious Weed /Tall grass program is hereby amended as follows, effective January 1, 2000: Diseased Trees Old Chargg New Charge • Tree contractor registration $25 $35 Noxious Weeds /Tall Grass Old Charge New Charge Cutting charge $40/ hr $45/hr 1 hour minimum 2 hour minimum Reinspection fee $50 $100 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 61 MEMORANDUM • DATE: January 8, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: An Ordinance Amending Chapter 35 of the Code of Ordinances Relating to Erosion Control and Floodplain Regulations Among the many requirements on cities related to surface water management is the control of erosion. Soil erosion is a non -point source of water pollution, and various techniques have been developed to reduce or eliminate erosion potential. Most of these techniques are summarized in a Minnesota Pollution Control Agency publication titled Protecting Water Oualitv in Urban Areas: Best Management Practices for Minnesota. The Hennepin Soil Conservation District also publishes a handbook of erosion control practices. Brooklyn Center in its Local Water Management Plan adopted the HCSD handbook as a standard for erosion control practices. The Metropolitan Council now requires that cities o farther than adopting a standard and have in P p g q g place an erosion control ordinance which adopts standards at least as stringent as the PCA publication. Some cities enact a very detailed ordinance, while others simply adopt the PCA • publication as their standard. The ordinance presented for first reading on January 10, 2000 contains both the proposed erosion control ordinance and a number of housekeeping changes to the zoning code relating to erosion control and floodplain management. The erosion control ordinance which is proposed was based on that of the City of Plymouth, which essentially simply adopts the PCA Best Management Practices handbook. The floodplain management changes make our floodplain ordinance consistent with standards adopted by the Shingle Creek and West Mississippi Watershed Management Organizations. The ordinance would be considered for public hearing and adoption at the January 24, 2000 meeting. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 24th day of January, 2000, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to erosion control and floodplain regulations. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF ORDINANCES RELATING TO EROSION CONTROL AND FLOODPLAIN REGULATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The following sections are hereby added to the Brooklyn Center Code of Ordinances: Section 35 -2230. GRADING AND EROSION CONTROL PLAN. 1. A satisfactory erosion. control and Qrading plan consistent with the Minnesota Pollution Control Agencv's Best Management Practices Handbook must be approved by the City Engineer before a grading or building hermit is issued for construction. if the constniction will result in disturbing the soil. 2. The grading and erosion control plan must provide 2 foot contour lines with spot elevations of proposed grades in relation to existing grades on the subiect property and adjacent land. Also, lo cation and type of erosion control devices shall be clearly labeled. 3. Every effort shall be made to minimi disturbance of existing ground cover. To minimize the erosion potential of exposed areas. restoration of ground cover shall be provided within five (5) days after completion of the grading operation. 4. Every effort shall be made during the building permit application process to determine the full extent of erosion control required. However. the Citv Engineer may reauire additional controls to correct specific site related problems as normal inspections are performed. 5. All erosion control n oted on the appr oved plan shall be installed prior to the initiation of anv site grading or constnzction. NoncomDliance with the grading • and erosion co ntrol plan shall constitute g rounds for an order from the Citv_ to halt all construction. • 6. All grading and construction activity that results in disturbance of the around shall comply with Minnesota Pollution Control Aaencv's Best Management Practices. Section 35 -2150 (.51 (g l, If fill is cla or there is encroachment of any kind in the flood fringe, compensa.tery storage of equal or greater volume than the encroachment upop . the f1pod fringe must be provided within the flood plain. This encroachment shall .not qrepte, apy surcharge. nor shall it create hazardous velocities. Section 2. The following sections of the Brooklyn Center Code of Ordinances are hereby amended as follows: Section 35 -230 (2) (b) (VI). Existing and proposed land elevations, drainage provisions, temporary and permanent erosion control provisions. and utility provisions as may be required. Section 35 -355 .Subdivision (4) (e). The uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities and the approval of land subdivision may be subject to modifications from the City Ordinances generally governing them. The City Council may, therefore, approve streets, utilities, public facilities and land subdivisions which are not in compliance with • usual specifications or ordinance requirements where it is found that such are not required in the interests of the residents or of the City. except that these subdivisions and plans must he in. conformance with all watershed. state. and federal storm water,. erosion control and wetlands reauirements. Section 35 -355 Subdivision (5) (a) (3). A grading plan. including_ temporary and permanent erosion control provisions: Section 35 -410 (5). On developments of sufficient magnitude so as to require on -site water main -et; sewer main. storm sewer. or storm drainage facilities construction, plans for such faeilities utilities shall be designed by and installed under the supervision of a civil engineer registered in the State of Minnesota and shall be submitted to and approved by the City Engineer. In cases where on -site wate zg 3;.ver --rtaiii utilities construction is required, the land owner or developer shall enter into a end S-,, ,r mUiii and ftea utilities maintenance and inspection agreement with the City, which agreement shall grant the City the right to enter the development to accomplish maintenance, inspections or repairs that are in the public interest. Section 35 -411 (5). On developments of sufficient magnitude so as to require on -site water main -ed; sewer main. storm sewer. or storm drainage facilities • construction, plans for such €aeilit utilities shall be designed by and installed under the supervision of a civil engineer registered in the State of Minnesota and e shall be submitted to and approved by the City Engineer. In cases where on -site water 3: rev er- utilities construction is required, the land owner or developer shall enter into a water se wer utilities maintenance and inspection agreement with the City, which agreement shall grant the City the right to enter the development to accomplish maintenance, inspections or repairs that are in the public interest. Section 35 -412 (5). On developments of sufficient magnitude so as to require on -site water main -r; sewer main. storm sewer. or storm drainage facilities construction, plans for such fa eilities utilities shall be designed by and installed under the supervision of a civil engineer registered in the State of Minnesota and shall be submitted to and approved by the City Engineer. In cases where on -site water or vvmr maitt utilities construction is required, the land owner or developer shall enter into a water -and maiii aad fie - pliant utilities maintenance and inspection agreement with the City, which agreement shall grant the City the right to enter the development to accomplish maintenance, inspections or repairs that are in the public interest. Section 35-413 (13). On developments of sufficient magnitude so as to require on -site water main-or; sewer main. storm sewer. or storm drainage facilities construction, plans for such €aeilities utilities shall be designed by and installed under the supervision of a civil engineer registered in the State of Minnesota and e shall be submitted to and approved by the City Engineer. In cases where on -site water or main utilities construction is required, the land owner or developer shall enter into a water and s itd fire hydr utilities maintenance and inspection agreement with the City, which agreement shall grant the City the right to enter the development to accomplish maintenance, inspections or repairs that are in the public interest. Section 35 -2140 (4) (a). All Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials, or equipment, or other uses may be allowed as a Special Use that will cause any increase in the stage of the 100 -year or regional flood or anv_ obstruction of flood flows or increase in flow velocity. or cause an increase in flood damages in the reach or reaches affected. Section 35 -2160 (2) (b) (3) Compute the floodway necessary to convey or store the regional flood withzrut inereasing Road stages more than 0.5 foot. A lesse ease, stage inerease titm 9.5 foot shallbe required if-, as a restilt of the a4ditiortal stage ittereased flood damage3 v. eeald re Cult. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. e s Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2000. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 6m MEMORANDUM DATE: January 5, 2000 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Designating 2000 Planting List of Allowable Boulevard Tree Species As per City Ordinance, Section 20, TREES, the City Council annually adopts a resolution designating allowable boulevard tree species. This list includes a variety of cultivars and some ornamental trees. Section 20 -200, subd. 3 assures that all boulevard trees will be located so as to avoid creating future sight distance problems. Staff recommends maintaining the same species list as was designated in 1999, with the addition of the Patmore Ash. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DESIGNATING 2000 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES WHEREAS, the City Council of the City of Brooklyn Center promotes a diverse urban forest so as to minimize the spread of tree disease; and WHEREAS, section 20 -402 of the ordinances provides for an annual listing of allowable boulevard tree varieties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the following trees are hereby designated as allowable boulevard tree species for 1999: Ash (Autumn Purple, Patmore) Linden (American) & cultivars Crabapple (Flowering) & cultivars Linden (Littleleaf) & cultivars Ginko Maple (Norway) & cultivars Hackberry Maple (Red) & cultivars • Honeylocust (Imperial, Shademaster, Skyline, Maple (Sugar) & cultivars Thornless) Oak (Pin) Oak (White or Bur) 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. • s . City Council Agenda Item No. 6n • MEMORANDUM DATE: January 4, 2000 TO: Michael McCauley, City Manager ,{� FROM: David Peterson, Public Works Superintended SUBJECT: Resolution Authorizing The Purchase Of One Street Sweeper An appropriation of $107,000.00 was approved in the 2000 Central Garage Capital Outlay Budget for the purchase of one Elgin Street Sweeper. The Mn/DOT Cooperative Purchasing venture was awarded to MacQueen Equipment Company. It is possible for the City to purchase on that contract through February 29, 2000. We received a quotation from MacQueen Equipment Company for one Elgin Pelican Street Sweeper at a total of $90,364.28, including a trade in of $15,000.00 for our present ( #24) 1992 Elgin Street Sweeper. There is approximately $99,000.00 in accumulated depreciation funds set aside for this equipment. We recommend approval of this purchase as appropriated in the 2000 Capital Outlay Budget. �i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF ONE STREET SWEEPER WHEREAS, an appropriation of $107,000.00 was approved in the 2000 Central Garage Capital Outlay Budget for the replacement of the 1992 Elgin Pelican Street Sweeper; and WHEREAS, it is possible for the City of Brooklyn Center to participate in the 1999 Mn/DOT Cooperative Purchasing Venture, Contract #423201 through February 29, 2000, awarded to MacQueen Equipment Company; and WHEREAS, there are accumulated depreciation funds in the amount of $99,000.00 set aside in the Central Garage Fund for the replacement of this equipment; and WHEREAS, we received a quotation from MacQueen Equipment Company for a 2000 Elgin Pelican Street Sweeper that meets all requirements and specifications at a total cost of $90,364.00, including an offer of $15,000.00 for trade in of our 1992 Elgin Pelican Street Sweeper. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The purchase of one Elgin Pelican Street Sweeper, under the Mn/DOT Cooperative Purchasing Venture in the amount of $90,364.28 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. I. E - '— � ( •,rt'" - +:ra P- MEMO �� City Council Agenda Item No. 60 • MEMORANDUM DATE: January 3, 2000 TO: Michael J. McCauley, City Manager FROM: Scott A. Brink, City Engineer SUBJECT: Resolution Approving Change Order No. 1, Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1999 -09, Contract 1999 -F, Elevated Storage Tank Repair - Tower #1 On April 26, 1999, the City Council awarded a contract to Odtand Protective Coatings, Inc.for repair and re- coating work for Tower No. 1. The work generally consisted of minor structural repairs, and re- coating of the interior and exterior surfaces. The 1999 Water Utility Fund budget included $200,000 for this work. Change Order No. 1, in the amount of $6,000.00 consists of additional work required of the Contractor. A contingency amount of 10 %($15,880.00) was included in the original estimated cost. • Of the $6,000.00 change order, $4,000.00 of that amount consisted of additional work to blast and paint cable brackets that serve Sprint Communication antennae on the tower. That amount has been billed to Sprint Communications in accordance with the City's lease agreement with Sprint. The remaining $2,000.00 of the Change Order was for some additional modifications requested by the City, such as ladder and safety cage extensions, and repairs to the existing valve pit cover and lock. All contract work by Outland Protective Coatings, Inc. has been completed to the City's satisfaction. It is recommended to approve the attached resolution authorizing final payment to Outland Protective Coatings, Inc., in accordance with a final contract amount of $164,800.00. I • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999 -09, CONTRACT 1999 -F, ELEVATED STORAGE TANK REPAIR - TOWER #1 WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Odlund Protective Coatings Inc. has satisfactorily completed the following improvement in accordance with said contract: Improvement Project No. 1999 -09, Contract 1999 -F, Elevated Storage Tank Repair - Tower #1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Change Order No. 1 in the amount of $6,000 is hereby approved. • 2. It is hereby directed that final payment be made on said contract, taking the contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $164,800.00 3. The work completed under said contract is accepted and approved according to the following schedule: Costs Per Bid Final Construction $158,800.00 $158,800.00 Contingency /Change Orders 15,880.00 6,000.00 Engineering 23,000.00 16,299.20 Legal /Administration 1, 848.44 TOTAL COSTS $197,680.00 $182,947.64 Revenues Per Bid Final Sprint - - -- 4,000.00 Water Utility Fund $197,680.00 $178,947.64 . TOTAL REVENUES $197,680.00 $182,947.64 RESOLUTION NO. • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member thereof: and upon vote being taken thereon, the following voted in favor and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 7a Office of the City Clerk City o f Brooklyn Center Agreat place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City MJ:WL FROM: Sharon Knutson, City Clerk DATE: January 5, 2000 SUBJECT: Private Kennel License Application Submitted by Craig and Jeanne O'Brien, 6730 Drew Avenue North Chapter 1 of the Brooklyn Center City Ordinances (copy attached) requires the licensing of all private kennels, defined as any premise zoned or used for RI and R2 purposes, as defined in the Brooklyn Center City Ordinances, on which three or more dogs or four or more cats six months old or older, are kept or harbored as pets and not for selling, boarding, showing, treating, grooming, or other commercial purposes. Section 1- 105.5b requires the City Manager to approve or deny the application based on the sanitation report and written comments by the applicant and any other affected persons and Section 1- 105.5c outlines the standards for approval. • Section 1- 105.5b reads, "within fourteen (14) days after the notice of the City Manager's decision is mailed to area property owners, the owner or any other affected person then may request a hearing before the City Council to show cause why the City Manager's decision should be changed." The City Manager denied the application for a private kennel license for the O'Brien, 6730 Drew Avenue North, allowing a period of six months to come into compliance with the ordinance. The O'Brien have requested a hearing before the City Council to show cause why the decision should be changed. Following is a calendar of events from receipt of the O'Brien private kennel license application to request for public hearing. October 11, 1999 Received application for private kennel license from Craig and Jeanne O'Brien, 6730 Drew Avenue North, to keep three dogs. October 18, 1999 Sent memorandum to the Building Official requesting a sanitation inspection be completed and a recommendation submitted. The attached memorandum from Building Inspector Larry Martin indicates the home and yard were found to be clean and in good repair. October 18, 1999 • Sent memorandum to Police Chief Joel Downer requesting a records check to verify any dog complaints. The attached memorandum from Chief Downer indicates no animal complaints. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • Memorandum to Michael J. McCauley Page 2 January 5, 2000 October 22, 1999 Mailed notice of receipt of application for private kennel licence to owners of property within 150 feet of the applicant's property as required by City Ordinances Section 1- 105.5a. Mailed notice to the owner /applicant. October 27 through November 2, 1999 Received three written responses; two requesting approval, one requesting denial. November 15, 1999 City Manager sent letter to the O'Brien denying application for a private kennel license and allowing until May 15, 2000, to come into compliance with the City Ordinances. November 15,1999 Mailed notice of denial of application for private kennel license to owners of property within 150 feet of the applicant's property as requested by Section 1- 105.5b. November 30, 1999 Received written appeal from the O'Brien requesting a public hearing before the City Council as allowed by City Ordinances Section 1- 105.5b. December 1, 1999 Mailed notice of public hearing to owner /applicant and owners of property within 150 feet of the applicant's property. December 15, 1999 Published public hearing notice in the Brooklyn Center Sun -Post setting date for public hearing as January 10, 2000. Attached for City Council review is a history of both private kennel license applicants and the City's animal ordinance. Council Action It is requested that the Mayor open the public hearing, take public comments, close the public hearing, and then render a final decision to reverse, affirm, or amend the City Manager's decision to deny a private kennel license for Craig and Jeanne O'Brien, 6730 Drew Avenue North. It is further recommended the following condition be included in the Council motion: 1. Applicant shall immediately obtain dog licenses for each dog as required in Section 1 -102.1 of the City Ordinances. Attachments CHAPTER 1 - ANIMALS • Section 1 -101. DEFINITIONS. The following terms, when used in this ordinance, have the meanings ascribed to them: 1. Animal. Animal means dogs and cats. 2. Animal Control Officer. Animal Control Officer means that person or agency designated by the City Manager to control the keeping of animals within Brooklyn Center. 3. At laree means an animal that is off the property of its owner and not under restraint. 4. Commercial Kennel. Commercial Kennel means any place limited to C2, I -1 and I -2 zoning districts where the business of keeping, raising, selling, boarding, breeding, showing, treating, or grooming of dogs and other animals is conducted, including pet shops, animal hospitals and other similar establishments. 5. Family. Any of the following definitions shall apply: a. A person or persons related by blood, marriage, or adoption, together with any domestic servants or gratuitous guests, maintaining a common household in a dwelling unit; b. Group or foster care of not more than six (6) wards or clients by an authorized person or persons, related by blood, marriage, or adoption, together with any domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency; C. A group of not more than five (5) persons not related by blood, marriage, or adoption maintaining a common household in a dwelling unit. 6. Owner. Owner means any person or the parent or guardian of a person under 18 years of age who owns, keeps, or has custody of an animal in the City of Brooklyn Center. 7. Person. Person means any person, firm, corporation, partnership, joint venture or association. 8. Private Kennel means any premises zoned or used for Rl and R2 purposes, as defined in the Brooklyn Center City Ordinances, on which three or more dogs or four or more cats six months old or older, are kept or harbored as pets and not for selling, boarding, showing, treating, grooming or other commercial purposes. • City of Brooklyn Center 1 -1 City Ordinance 9. Under Restraint means an animal that is controlled by a leash or at heel beside a competent person having custody of it and obedient to that person's commands, or within a vehicle being driven or parked on a public street, or if it is within the property limits of its owner's premises. Section 1 -102. LICENSES REQUIRED. 1. Dog Licenses. No person shall own, harbor, keep or have custody of a dog over six months of age within the City of Brooklyn Center unless a current license for such dog has been obtained as provided in this ordinance. Each license shall be valid for the duration of the effective period of the dog's rabies vaccine as stated in the Compendium of Animal Rabies Vaccines published by the Conference of State Public Health Veterinarians and the Center for Disease Control of the Department of Health and Human Services. Dogs kept in a commercial kennel need not be individually licensed. 2. Commercial Kennel License.. Every person operating a commercial kennel shall annually obtain from the City Clerk, upon authorization by the City Council, a commercial kennel license. Commercial kennel licenses shall be posted in a conspicuous place within the licensed premises. 3. Private Kennel License. Every person operating or maintaining a private kennel shall annually obtain from the City Clerk, upon authorization by the City Council, a private • kennel license. Section 1 -103. LICENSE FEES. The license fee for each dog license, each commercial kennel license, each private kennel license, each duplicate license, each renewal license, each impounding penalty, and the late penalty described herein shall be as set forth by City Council resolution. 1. Late Penalty. If any license required hereunder is obtained while the dog is impounded by the City, or after the required licensing period has commenced, there shall be added to the regular license fee, a late license penalty as set forth by City Council resolution, provided, however, that any person who acquires a dog after the start of a license year, or any person who owns, keeps, harbors, or has custody of a dog at the time of becoming a resident of the City, shall be allowed 30 days to secure a license, without incurring any late license penalty. 2. Refunds. Proratina. and Transfers. No dog license fee, commercial kennel license fee, or private kennel license fee shall be refunded or prorated, the provisions of Chapter 23 of Brooklyn Center Ordinances notwithstanding. No license required hereunder shall be transferrable. • City of Brooklyn Center 1 -2 Ci ty Ordinance Section 1 -104. VACCINATION REQUIRED. The owner of every dog in Brooklyn Center shall S cause such dog to be currently vaccinated for rabies. A certificate of vaccination or other statement of the same effect executed by a licensed veterinarian shall constitute prima facie proof of the required vaccination. Section 1 -105. APPLICATION PROCEDURES AND ISSUANCE OF LICENSES. Applications for all licenses required by this ordinance shall be made to the City Clerk. 1. Doe License. The application for a dog license shall include the name and address of the owner of the dog and such other information as the City Clerk shall require. All applicants shall be of legal age. Applicants shall provide a certificate issued by a doctor of veterinary medicine showing that the dog has been vaccinated against rabies, the type of vaccine used, and the length of time the vaccination is effective. 2. Issuance of Doe License. Upon receipt of the application, the license fee and proof of a rabies vaccination, the City Clerk shall issue a metallic license tag bearing the license number, the name of the City and the year and month when the license period ends. The dog shall continuously wear a collar or harness to which the license tag is firmly affixed. It shall be unlawful for any person to make or use a counterfeit tag. 3. Replacement of Lost Doe License. If any dog license tag is lost or stolen, the applicant may obtain a new tag by surrendering the license payment receipt and by paying the charge for • a duplicate license as set forth by City Council resolution. 4. Application for Commercial Kennel License., a. Initial application for a commercial kennel license shall be made to the City Clerk. The application shall state the name and address of the applicant, the property address or legal description of the proposed kennel location, a sketch or drawing of the proposed kennel describing construction, operation, and the approximate number of animals to be confined therein, together with their age, breed, and sex, and together with the applicable license fee. b. Hearine Required. A commercial kennel license application shall be referred to the Public Health Sanitarian who shall review the kennel design and operation and make a recommendation to the City Council on the adequacy thereof. Applications for commercial kennel license shall be placed on the agenda of the City Council for a public hearing at the regular City Council meeting next following 14 days after the application is received. Not less than seven (7) days before the date of the public hearing, the City Clerk shall mail notice of the hearing to the applicant and to the owners of property within 150 feet of the proposed kennel location. The failure of any owner to receive such notice shall not invalidate the proceedings. • City of Brooklyn Center 1 -3 Ci ty Ordinance S c. Council Annroval. The City Council may approve the commercial kennel license and may attach to such approval any conditions necessary to insure compliance with this ordinance, with Chapter 19 of City Ordinances, and any other condition necessary to protect the health, safety, welfare, and property values in the immediate area. The City Council may deny a commercial kennel license upon finding that the establishment of the kennel would constitute a public nuisance, or would adversely affect the health, safety, welfare or property values of the person residing, living, or owning property within the immediate area. The form of approval for a license shall be the resolution of approval, a certified copy of which shall be forwarded to the applicant. d. Renewal of License. A copy of the commercial kennel license shall be forwarded to the City Clerk who shall maintain a register of kennel licenses. Subject to any time limitation set by the City Council, the license shall be valid for a period of one year and until October 1 of the then current calendar year and shall be renewable on October 1 of each year thereafter by the City Clerk upon payment of a renewal license fee set forth by City Council resolution, only in the event no complaint regarding the kennel's operation has been received during the license year. In the event that no revocation of the license is made or contemplated by the City Council, the license shall be renewable as set forth in this subdivision. e. License Revocation. In the event a complaint has been received by City officials, a report thereof shall be made to the City Council by the City Clerk and the City Council • may direct the applicant to appear to show cause why the license should not be revoked. A license may be revoked for violation of this ordinance, Chapter 19 of the Brooklyn Center Ordinances, or any condition imposed at the time of issuance. 5. Annlication for Private Kennel License. a. Initial application for a private kennel license shall be made to the City Clerk. The application shall state the name and address of the applicant, the property address or legal description of the proposed kennel location, a sketch or drawing of the proposed kennel describing construction, operation, and the approximate number of animals to be confined therein, together with their age, breed, and sex. Proof of current rabies vaccination and City dog license for each animal and the applicable license fee must accompany the application. Not less than seven (7) days after receipt of the application for a private kennel license, the City Clerk shall mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. The failure of any owner to receive such notice shall not invalidate the proceedings. b. Consideration Process. A private kennel license application shall be referred to the Public Health Sanitarian who shall review the kennel design and operation and make a recommendation to the City Manager on the adequacy thereof. Within fourteen (14) days after the notice of application is mailed to area property owners, the City Manager • City of Brooklyn Center 1 -4 Ci ty Ordinance or the City Manager's designee shall review the Public Health Sanitarian's report, • consider written comments by the applicant and any other affected persons, and either approve or deny the application. Within fourteen (14) days after the notice of the City Manager's decision is mailed to area property owners, the owner or any other affected person then may request a hearing before the City Council to show cause why the decision should be changed. A written request for the hearing must be received by the City Manager within such fourteen (14) days. Following the public hearing, the City Council shall render a final decision reversing, affirming, or amending the decision of the City Manager. c. Standards for Approval. The City Manager may approve the private kennel license and may attach to such approval any conditions necessary to insure compliance with this ordinance, with Chapter 19 of the City Ordinances, and any other condition necessary to protect the health, safety, welfare, and property values in the immediate area. The City Manager may deny a private kennel license upon finding that the establishment of the kennel would constitute a public nuisance or would adversely affect the health, safety, welfare or property values of the person residing, living, or owning property within the immediate area. The form of approval for a license shall be a memorandum of approval from the City Manager outlining any conditions necessary to insure compliance. d. Renewal of License. A copy of the private kennel license shall be forwarded to the • City Clerk who shall maintain a register of kennel licenses. Subject to any time limitation set by the City Manager, the license shall be valid for a period of one year and until October 1 of the then current calendar year and shall be renewable on October 1 of each year thereafter by the City Clerk upon payment of a renewal license fee set forth by City Council resolution, only in the event no complaint regarding the kennel's operation has been received during the license year. In the event that no revocation of the license is made or contemplated by the City Manager, the license shall be renewable as set forth in this subdivision. e. License Revocation. In the event a complaint has been received by City officials, a report thereof shall be made to the City Council by the City Clerk and the City Council may direct the applicant to appear to show cause why the license should not be revoked. A license may be revoked for violation of this ordinance, Chapter 19 of the Brooklyn Center Ordinances, or any condition imposed at the time of issuance. • City Brooklyn ty f Center 1 -5 City Ordinance Section 1 -106. STANDARDS FOR PRIVATE KENNELS. A private kennel shall consist of an enclosed space in which all animals are confined when not under restraint and constructed so as to prevent the animals from running at large. Provision must be made to provide shelter during inclement weather. Every private kennel shall be kept in good repair and shall be maintained in a clean and sanitary condition. It shall be unlawful to maintain a private kennel in a way which constitutes a violation of this ordinance, a nuisance under Chapter 19 of the City Ordinances, or in violation of any condition imposed by the City Council at the time the license is granted. Section 1 -107. STANDARD FOR COMMERCIAL KENNELS. All commercial kennels shall be designed, operated and maintained according to the following standards: 1. Commercial kennel floors and walls shall be constructed of impervious materials and all structures, areas, and appurtenances shall be designed to facilitate thorough and convenient cleaning. Commercial kennels shall be adequately ventilated and all doors, windows, and other openings to the outside shall be screened, May through October. The commercial kennels shall be provided with adequate and potable water supplies and shall be equipped with sewer facilities. Plans for all new commercial kennels and repairs or alterations to existing commercial kennels must be filed with and approved by the City's Public Health Sanitarian as a condition of the license. 2. Operating Standards. The licensee, its agents and employees shall operate and maintain the kennel in accordance with standards set out in Title 9, Chapter 1, Subchapter A, Part 3, Section 3.100 through 3.106 of the United States Department of Agriculture, Animal and Plant Health Inspection Service, a copy of which is adopted by reference. Section 1 -108. KEEPING OF DOGS IS LIMITED. No family or family member shall keep, harbor or have custody of more than two dogs exceeding six months of age in the family dwelling unit or on the family premises without obtaining a private kennel license. Provided, however, the said family or family member may obtain a private kennel license for the purpose of providing a period of time, not to exceed three years, in which to find a place where the dogs can be legally, safely, and humanely harbored. Section 1 -109. KEEPING OF CATS IS LIMITED. No family or family member shall keep, harbor or have custody of four or more cats exceeding six months of age in the family dwelling unit or on the family premises without obtaining a private kennel license. Provided, however, the said family or family member may obtain a private kennel license for the purpose of providing a period of time, not to exceed three years, in which to find a place where the cats can be legally, safely, and humanely harbored. • City of Brooklyn Center 1 -6 Ci ty Ordinance Section 1 -110. NUISANCE PROHIBITED. It shall be unlawful for any person to keep an animal in any unsanitary place or condition, or in a manner which results in noisome odors, or in any way which constitutes a nuisance or a disturbance b reason of barking, howling, fighting, or other Y g g g g� noise or to maintain or ermit a condition injures, p which unreasonably annoys, ink es, or endangers the safety, health, morals, comfort, or repose of any person or property. Section 1 -111. RUNNING AT LARGE PROHIBITED. It shall be unlawful for any owner to allow its animal to run at large. Section 1 -112. ANIMAL CONTROL OFFICER. The City Council may provide for a City Animal Pound, either within or outside the corporate limits and may provide for an Animal Control Officer to enforce this ordinance. Section 1 -113. ENFORCEMENT PROCEDURES. The Animal Control Officer may capture and impound any animal running at large, and any unlicensed dog. Section 1 -114. QUARANTINE. Any animal, including wild animals that have bitten a person shall immediately be impounded for at least 10 days and kept apart from other animals, under the supervision of a veterinarian, until it is determined whether such animal had or has a disease which might have been transmitted by such bite. Such impounding may be done by the owner, and need not be at the pound designated by the City, but if it is not at the designated pound, the owner shall notify the police department immediately and shall furnish proof in writing that such animal is being so impounded. Upon the expiration of 10 days, if it is determined that the animal does not have a disease which might have been transmitted by such bite, it may be released, and the police department shall be notified immediately prior to such release by the owner of the animal. If the animal is impounded at the designated pound, it may be reclaimed as hereinafter provided. Any animal which has been bitten by a rabid animal shall be killed or impounded and kept in the same manner for a period of six months; provided that if the animal which has been bitten by a rabid animal has been vaccinated at least three weeks before such bite and within one year of such bite and if it is again immediately vaccinated, then such animal shall be confined or impounded for a period of 40 days before it is released. The owner of an animal which has been bitten by a rabid animal shall notify the police department immediately prior to the release of any such animal. Section 1 -115. DANGEROUS ANIMALS. If an animal is diseased, vicious, dangerous, rabid or exposed to rabies and such animal cannot be impounded after a reasonable effort or cannot be impounded without serious risk to any person or persons, or if the animal has made more than one attack on a person or persons, such animal may be immediately killed by or under the direction of a police officer. City of Brooklyn Center 1 -7 Ci ty Ordinance • Section 1 -116. TREATMENTS DURING IMPOUNDING. Any animal which is impounded in the designated pound shall be kept in accordance with Section 1 -106 of this ordinance. If the animal is not known or suspected of being diseased and has not bitten a person or been bitten by a rabid animal, it shall be kept in the pound for at least five days, unless it is sooner reclaimed by its owner. If such animal is known to be or is suspected of being diseased with a disease which might be transmitted to persons, it shall be kept in the pound for at least 10 days. Section 1- 117. REDEMPTION OF IMPOUNDED ANIMALS. Any animal may be redeemed from the pound by the owner upon payment of the following: 1. The license fee for the animal, if the license has not previously been obtained. 2. The late - license penalty, where a license has not been previously obtained. 3. The amount of the boarding fee which the City is required to pay the pound keeper. 4. An impounding penalty as set forth by City Council resolution. The City Manager or the City Manager's designee may waive the late - license penalty and the impounding penalty for persons other than the owner in cases of sale in accordance with Section 1 -118 of this ordinance. Section 1 -118. DISPOSAL OF UNREDEEMED ANIMALS. The City's designated pound keeper shall make an effort to contact the owner of any animal which has been impounded and which has identification on it: If at the end of the impounding period the animal is not reclaimed by the owner, such animal shall be deemed to have been abandoned and may be disposed of or sold to any person following the procedures contained in Minnesota Statutes 514.93 relating to the sale of unclaimed animals by veterinarians. If the animal is to be kept in this City, a license shall be obtained by such person before possession of the animal is given to the purchaser. Section 1 -119. ABANDONMENT. It shall be unlawful for any person to abandon any animal, including wild animals in Brooklyn Center. Section 1 -120. PENALTY. Any person violating the provisions of this ordinance, or any conditions of a license, shall, upon conviction thereof, be guilty of a misdemeanor and shall be subject to a fine of not more than $700 or to imprisonment for a period not to exceed 90 days, or both, together with the costs of prosecution. Each day that a violation exists shall constitute a separate offense. City of Brooklyn Center 1 -8 City Ordinance City of Brooklyn Center 6301 Shingle Creek Pkwy • 55430 -2199 - (612) 569 -3300 License Application `11*1 ekf� b I y9 At # C, k 05 - - 7C97 Private Kennel Annual Fee: $30 Annual Expiration: September 30 Purpose: To provide the owner of more than two dogs or more than three cats exceeding six months of age residing in the family dwelling unit or on the family premises a period of time, not to exceed three years, in which to fmd a place where the animals can be legally, safely, and humanely harbored. Date: u! OWNER (APPLICANT) Name: Last First Middle Address: �rs� , 3 o cCvv R (; - 0t) M tA)_ S S (Street Address, City, State, Zip) Telephone Number: ko I& - S 0., I 1 • Attach a sketch or drawing with this application describing the construction and operation of the proposed kennel, or, if the animals are to be confined within the family dwelling unit, indicate this in the space provided. i t, i�k I i n c. t R ,n i f d Indicate the number of animals together with their name (if any), age, breed, and sex (use additional sheets if necessary). :.; A( d e c Q'(" l I 1 e. fn( iC f�el (�l c�c��r�• `C�rlrc; w �e� ^\ +c��)��pcz • Page 1 of 2 The undersigned hereby applies for a private kennel license and acknowledges receipt of a copy of City S Ordinance Sections 1 -101 through 1 -120 and attests the subject premises will be operated and maintained according to the requirements contained therein. Submitted with this application is proof of current rabies vaccination, City dog license for each animal, and the license fee in the amount of $30.00. being first duly sworn, upon his /her oath deposes and says that he /she is the person who has executed the foregoing application and that the statements made therein are true of his /her own knowledge and belief. Signature of Applicant —4 Subscribed and sworn to before me this )o day of 6 - z Notary Publi ' E'L,¢- County • My Commission expires ■ MARIA L. ROSENBAUM NOTARY PUBLIC- MINNESOTA My Commission Expires Jan. 91.200$ r ■ • Page 2 of 2 BELT LINE PET HOSPITAL, LTD 3443 Vera Cruz Avenue North • Crystal, MN 55422 612 - 533 -2746 612 - 533 -2804 RABIES CERTIFICATE OCT 17 98 Client ID 01616 Patient ID: 3 Client Name: JEANNE /CRAIG O'BRIEN Name : HEIDI Address : 6730 DREW AVE N Species : CANINE City /State : BROOKLYN CENTER MN Breed : SCHNAUZER /MINIATURE Zip Code : 55429 Sex : FEMALE(S) Telephone : 612 - 560 -1919 Color : S/P 612 - 890 -6801 Markings Birth Date: 06/97 Weight : 12.02 lbs. -------------------------------------------------------------------- Tag Number : 5870 Vacc Date : OCT 17 98 Serial # : IMRAB 3 Expire Date : OCT 17 00 Producer : RHONE MERIEUX INC. K or MLV : Killed Virus BELT UN Pff HOSPMM., LTD. Relief Veterinarian s r BELT LINE PET HOSPITAL, LTD 3443 Vera Cruz Avenue North • Crystal, MN 55422 612 - 533 -2746 612 - 533 -2804 RABIES CERTIFICATE JUN 12 99 Client ID 01616 Patient ID: 1 Client Name: JEANNE /CRAIG O'BRIEN Name : TASHA Address : 6730 DREW AVE N Species : CANINE City /State : BROOKLYN CENTER MN Breed : GERMAN SHEPHERD Zip Code : 55429 Sex : FEMALE(S) Telephone : 612 - 560 -1919 Color : BLK /TAN 612 - 890 -6801 Markings Birth Date: 06/90 Weight : 77.00 lbs. ------------------------------------------------------------------------------ Tag Number : 7136 Vacc Date : JUN 12 99 Serial # : IMRAB 3 Expire Date : JUN 12 01 Producer : RHONE MERIEUX INC. K or MLV : Killed Virus BMT LU PETNOGMAL, LTD. DVM • BELT LINE PET HOSPITAL, LTD 3443 Vera Cruz Avenue North • Crystal, MN 55422 612 -533 -2746 612 - 533 -2804 RABIES CERTIFICATE JUN 12 99 Client ID 01616 Patient ID: 2 Client Name: JEANNE /CRAIG O'BRIEN Name : SNOOKIE Address : 6730 DREW AVE N Species : CANINE City /State : BROOKLYN CENTER MN Breed : BORDER COLLIE X Zip Code : 55429 Sex : FEMALE Telephone : 612 - 560 -1919 Color : BLK /WHT 612 - 890 -6801 Markings Birth Date: 01/91 Weight : 35.75 lbs. ------------------------------------------------------------------------------ Tag Number : 7137 Vacc Date : JUN 12 99 Serial # : IMRAB 3 Expire Date : JUN 12 01 Producer : RHONE MERIEUX INC. K or MLV : Killed Virus O LTUK Pff HOMAL, LTD. Relief Veterinarian I MEMORANDUM TO: David Fisher, Building Official 7 FROM: Larry Martin, Building Inspector DATE: October 29, 1999 SUBJECT: Inspection for Private Kennel Application for 6730 Drew Avenue North On October 27 1999 at 3:00 m I conducted a Health and Comfort Inspection at 6730 Drew p p Ave. North for application of a Private Kennel License. Homeowners currently own three do pP Y s a g German Shepard, Border Collie mix, and Mini Schnauzer. I spent a couple of minutes speaking with the homeowner Mr. O'Brien who was very polite and open to all of my requests during my visit. I was told that three people reside in the home, Mr. O'Brien his spouse and their teenage daughter. I toured the 950 sqft three bedroom home and yard and found them to be clean and in good repair. Upon completing the home inspection I approached the neighbors at 6724 and 6736 Drew Ave. and asked them if they had any problems with their neighbors dogs, both responded that the smallest of the three dogs when tied up outside barks allot thus disturbing them. Based on my site visit and discussion with the various parties involved I would recommend approving the application. cc: Brad Hoffman cc: Sharon Knutson • i BROOKLYN CENTER POLICE DEPARTMENT MEMORANDUM TO: City Manager Michael McCauley FROM: Joel Downer, Chief of Po DATE: October 18, 1999 SUBJECT: Private Kennel License Application for 6730 Drew Ave N Our records indicate no animal complaints for Craig or Jeanne O'Brien at the 6730 Drew Avenue North address. JD:kh • • Office of the City Clerk City of Brooklyn Center A great place to start. A great place to stay. Sharon Knutson City Clerk October 22, 1999 Mr. Craig O'Brien Ms. Jeanne O'Brien 6730 Drew Avenue North Brooklyn Center, MN 55429 RE: Private Kennel License Application Dear O'Brien: Your application for a private kennel license, license fee, and proof of current rabies vaccination for • each dog have been received by the City of Brooklyn Center. Within the next fourteen (14) days, the City inspector will visit your home to complete a sanitation inspection. Please be advised the enclosed notice /survey has been mailed to area property owners within 150 feet of your home. The City Manager will consider your application for a private kennel license and either approve or deny it based on the City inspector's report and any written comments from you or affected persons. You will be notified of the City Manager's decision. Should you have any questions relevant to your private kennel license application, please call me at 569 -3306. Sincerely, Sharon Knutson City Clerk enc. cc: City Manager Michael J. McCauley 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer OCT -25 -1999 19:19 COUNSELOR REALTY 612 566 4301 P.02i02 October 22, 1999 f 0 1 1 Q ; 9 9 BY NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: Craig and Jeanne O'Brien 6730 Drew Avenue North, Brooklyn Center, MN 55429 City Ordinance Section 1- 105.5a requires the City Clerk to avail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for Craig and Jeanne O'Brien to keep three dogs on their property at 6730 Drew Avenue lease circle) Yes No based on the following (please circle): excessive dog feces in yard excessive dog barking dogs bite dogs running- Other comments specifically related to the keeping of the dogs: Name QA Address �D�"3� kuu`ksl k�DV+" ntA lu Signature Please mail this survey to City Clerk, - City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 569 -3306. TOTAL P.02 October 22, 1999 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: Craig and Jeanne O'Brien 6730 Drew Avenue North, Brooklyn Center, MN 55429 City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for Craig and Jeanne O'Brien to keep three dogs on their property at 6730 Drew Avenue No (please circle) Yes No based on the following (please circle): excessive dog feces in yard excessive dog barking dogs bite dogs running -at -large Other comments specifically related to the keeping of the dogs: Name DOLL C1 1,46 Z. Address Signature Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, • Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 569 -3306. October 22, 1999 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: Craig and Jeanne O'Brien 6730 Drew Avenue North, Brooklyn Center, MN 55429 City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application - to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for Craig and • Jeanne O'Brien to keep three dogs on their property at 6730 Drew Avenue North? (please circle) Yes 6 N on the following (please circle): excessive - dog feces in yar xcessive dog barkifn`!' dogs bite `� - Other comments specifically related to the keeping of the dogs: Name ,)r Address � jq 3 ,b � !� � Al'e Signature Q,,- ka p� ,U` Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, • Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 569 -3306. 3[ Office of the City Manager City o f Brooklyn Center A great place to start. A great place to stay. • Michael J. McCauley City Manager November 15, 1999 Mr. Craig O'Brien Ms. Jeanne O'Brien 6730 Drew Avenue North Brooklyn Center, MN 55429 RE: Private Kennel License Application Dear Mr. O'Brien and Ms. O'Brien: I have received your application for a private kennel license dated October 12, 1999. In accordance with Brooklyn Center City Ordinances, notice of the license application was mailed to property owners within • 150 feet of the proposed kennel. The Police Department and Inspection Department submitted reports on the proposed kennel with relation to health and safety issues. The purpose of the ordinance is to provide the owner of more than two dogs exceeding six months of age residing in the family dwelling unit or on the family premises a period of time, not to exceed three years, in which to find a place where the animals can be legally, safely, and humanely harbored. After considering your application and the purpose of the ordinance, please be informed that I am denying your request for a private kennel license to house three or more dogs on your residential premises. You will be allowed until May 15, 2000, to come into compliance with City Ordinances which require no more than two dogs on your premises. I find that the issuance of this license would have an adverse affect on the health, safety, welfare, or property values of persons residing, living, or owning property within the immediate area. You should also be aware there are other City Ordinances which require Brooklyn Center residents to control barking and other nuisances generated by the keeping of pets, such as dogs, on their property. We expect all citizens will be in compliance with these requirements. Dog owners are particularly responsible for barking of their dogs and causing a nuisance to their neighbors. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Mr. Craig O'Brien • Ms. Jeanne O'Brien Page 2 November 12, 1999 Under Brooklyn Center City Ordinances, the City Manager's decision in these matters is appealable to the City Council. To institute this appeal process, you must submit to my office, within 14 days of receipt of this notice, a written request for a hearing before the City Council. Should you choose the appeal option, the City Council will hold a public hearing on your appeal after mailed notice to adjoining property owners. Should you have any questions with regard to this matter, please call City Clerk Sharon Knutson at 569- 3306. S . Michael J. Mc ' ley City Manage • MJM:sk cc: Sharon Knutson, City Clerk i 99 q Fri o ci�-(�u,tictw ly c ' k , J h J \� 1 City of Brooklyn Center A great place to start. A great place to stay. November 15, 1999 NOTICE OF DENIAL OF APPLICATION FOR PRIVATE KENNEL LICENSE TO WHOM IT MAY CONCERN: Please take notice that the City Manager of the City of Brooklyn Center has denied an application for private kennel license for Craig and Jeanne O'Brien, 6730 Drew Avenue North, and has allowed the O'Brien until May 15, 2000, to come into compliance with the City Ordinances which require no more than two dogs on the premises. The City Manager based his decision on the intent of the City Ordinances to limit the keeping of animals in residential areas and written comments received by affected person. City Ordinance Section 1- 105.5b requires the City Clerk to mail notice of the City Manager's decision to approve or deny the applicant's private kennel license application to the owners of property within 150 feet of the proposed kennel location. The owner or an other affected person may request a hearing before the city council to show Y P Y q g tY cause why the decision should be changed. A WRITTEN request for the hearing must be received by the City Manager within fourteen (14) days of the date of this notice. Direct written requests to City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. If a written request for a public hearing before the city council is received, notice of the date and time of the public hearing will be mailed to owners of property within 150 feet of the proposed kennel location. Following the public hearing, the City Council shall render a final decision reversing, affirming, or amending the decision of the City Manager. Questions or concern regarding the private kennel license application denial should be directed to City Clerk Sharon Knutson at 569 -3306. of A - Y W- Sharon Knutson • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer 3[ City of Brooklyn Center Office of the City Clerk A great place to start. A great place to stay. • Sharon Knutson City Clerk December 1, 1999 Mr. Craig O'Brien Ms. Jeanne O'Brien 6730 Drew Avenue North Brooklyn Center, MN 55429 RE: Private Kennel License Application - Request for Public Hearing Dear Mr. O'Brien and Ms. O'Brien: Enclosed is a copy of the public hearing notice being mailed to area property owners within 150 feet of your property. As stated in the notice, the public hearing will be held on Monday, January 10, 2000, at 7 p.m. or as soon thereafter as the matter may be heard. You are not required to be present at the public hearing, but you may wish to attend so you can answer any questions the City Council may have. Should you have any questions relevant to the public hearing, please call me at 569 -3306. Sincerely, J aMt Sharon Knutson, CMC City Clerk enc. cc: City Manager Michael McCauley s 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center A great place to start. A great place to stay. December 1, 1999 NOTICE OF PUBLIC HEARING Monday, January 10, 2000 Council Chambers City Hall 7 p.m. (or as soon thereafter as the matter may be heard) TO WHOM IT MAY CONCERN: Please .take notice that the City Manager of the City of Brooklyn Center has received a written request for a public hearing before the City Council to show cause why the City Manager's decision to deny the private kennel license submitted by Craig and Jeanne O'Brien, 6730 Drew Avenue North, to keep three dogs should be changed. The City Council will make its decision based on the City inspector's report, any written comments by the applicant and any affected persons, and anyone wishing to address the Council at the public • hearing. Attendance is not required; however, if you would like to express your concerns or comments directly to the City Council, you are encouraged to attend. If you are unable to attend the City Council meeting, written comments should be directed to the City Council, c/o City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. If you previously submitted written comments to the City Manager, they will be forwarded to the City Council. Following the public hearing, the City Council shall render a final decision reversing, affirming, or amending the City Manager's decision. Questions or concerns regarding the public hearing should be directed to City Clerk Sharon Knutson at 569 -3306. Sharon Knutson 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer CBy oi'Brookip center. ). (Official Publication) CITY OF BROOKLYN CENTER i NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the City Council of the • City of Brooklyn Center will hold a public hearing on Mon- day, January 10, 2000, at 7 p.m. or as soon thereafter as the matter maybe heard in the City Hall Council Cham- not.: ** Lopapem berg, 6301 Shingle Creek Parkway, to consider an appli- cation for private kennel license submitted by Craig and Jeanne O 'Brien; 6730 Drew Avenue North, Brooklyn Can- AFFIDAVIT OF PUBLICATION ter, Minnesota, Hennepin County. BRIEF STATEMENT OF CONTENTS OF APPLICA- STATE OF MINNESOTA) TION:.Application fora private kennel license to keep three doge at the residence at 6730 Drew Avenue North, Brooklyn Center Minnesota, Hennepin County. - ss. Sharon Knutson . COUNTY OF HENNEPIN) city clerk Frank Chilinski, being duly swom on an oath states or affirms, that he is the publisher of the (member 15, 1999) P1/ O'Brien newspaper known as Sun -Post or the president's designated agent, and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Wednesday, the 15 day of December , 1999, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of , 1999; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being �e size and kind of type used in the composition and publication of the notice: abcdefghijkbnnopgrstu . 7 t Publisher Subscribed and sworn to affirme before me on this I day of ..P 1 j 1999. Not ry ° MERIDEL M. HEDBLOM W NOTARY MY COMMISSION EXPIRES 1.3jew RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.55 Der line for comparable space (2) Maximum rate allowed by law $ 6.20 Der line (3) Rate actually charged $ 1.30 Der line • • City of Brooklyn Center History City Ordinance/Private Kennel Licenses I. Animal Ordinance In reviewing amendments to the City's animal ordinance, following is a brief recap relating to private kennel licenses/keeping of animals. • Current - Chapter 1 of the p City Ordinances rovides that a family may obtain a private p Y P kennel license to have more than two dogs exceeding six months of a private kennel g g age; p ke 1 license not to exceed three years. The application is forwarded to the City Manager for approval or denial. The applicant may request a public hearing before the City Council if Y q p g t3' the City Manager denies the license. • May 13, 1991 - Chapter 1 amended to authorize the City Manager to approve or deny private kennel licenses instead of a required public hearing before the City Council. The applicant may request a public hearing before the City Council if the City Manager denies the license. • September 27, 1982 - Chapter 1 amended to allow private kennel licenses to be issued to a person with more than two dogs exceeding six months of age. The process required a public hearing before the City Council. Language regarding keeping of dogs was amended to allow a family to keep no more than two dogs exceeding six months of age on the family premises without obtaining a private kennel license, not to exceed three years. • August 19, 1974 - Chapter 1 amended to allow no more than two dogs exceeding six months of age on the family premises —no private kennel licenses addressed in ordinance. • Prior to August 1974 - Chapter 1 provides for kennel license which requires every person who owns or keeps three or more dogs exceeding six months of age to obtain a kennel license —the maximum number of dogs permitted to be kept in a licensed kennel is five—any person may apply for special permission to keep more than five dogs, but not to exceed ten. The length of time the applicant has to keep more than three dogs is not addressed. H. Private Kennel License Applicants •Gregory and Barbara Ulbrich, 6807 Emerson Avenue N., to keep four dogs, applied 5/8/98 - denied by City Manager 6/22/98 - 8/10/98 public hearing before City Council -City Council approved license until 8 /10/99 (1st license year) -City Council approved license 6/28/99 until 8/10/2000 (2nd license year) • -Steven/Amy Kurvers, 5221 Drew Avenue N., to keep three dogs, applied 4/17/98 - 6/15/98 applicant notifies City that one of the dogs was put to sleep, in compliance -1- *Brian Bacon, 5351 Emerson Avenue N., to keep three dogs, applied 11/24/97 - denied by City Manager 12/26/97; given until 4 /1/98 to come into compliance - 5/8/98, citation issued to owner for non - compliance -Patrick Hansen, 5425 Irving Avenue N., to keep three dogs, applied 7/28/97 - denied by City Manager - 9/26/97 public hearing before City Council 10/27/97 - denied by City Council; must be in compliance by 11/25/97 -CSO confirmed compliance 11/28/97 -Daniel Kitchin, 5601 Logan Avenue N., to keep five dogs, applied 6/18/97 - denied by City Manager - 9/8/97 public hearing before City Council -City Council continued public hearing 11/10/97 - applicant moved 11/14/97 -Verne Christensen, 6036 Kyle Avenue N., to keep three dogs, applied 6/5/97 - approved by City Manager for six months (1/19/98) then review - extension granted by City Manager for six months (7/17/98) -Mary Alice Kjeldahl, 6207 Kyle Avenue N., to keep three dogs, applied 5/15/97 - approved by City Manager for six months (12/9/97) then review • - extension granted by City Manager for six months (6/26/98) -Betty Lou Chosa, 6425 Fremont Avenue N., to keep three dogs, applied 6/23/97 - denied by City Manager - applicant came into compliance -Robert Johnson, 7112 Morgan Avenue N., to keep four dogs, applied 3/18/97 - denied by City Manager - applicant moved -Patricia/Bradley Shogren, 6312 France Avenue N., to keep three dogs, applied 9/22/93 - denied by City Manager 10/26/94 - applicant requested public hearing before City Council - 12/19/94 public hearing before City Council -City Council approved license until 9/30/95, then review (1st license year) -City Council approved license 9/25/95 until 9 /30/96 (2nd license year) -City Council approved license 10/15/96 until 9/30 97 (3rd license year) - 9/15/97 applicant requested extension - 10/7/97 City Manager denies extension, includes Attorney's Opinion * * -Jana Lynn Roberts, 6421 Bryant Avenue N., to keep four cats, applied 3/7/94 • - denied by City Manager - applicant requested public hearing before City Council - 5/23/94 public hearing before City Council (1st license period) -2- . -City Council approved license until 9 /30/95 (this was an 18 -month period) - 9/25/95 public hearing before City Council (2nd license period) -City Council approved license until 9/30/96 - 10/15/96 public hearing before City Council (3rd license period) -City Council approved license until 9 /30/97 - applicant came into compliance within timeframe -Christine Marie Arneson, 5308 Humboldt Avenue N., to keep six cats, applied 7/20/94 - denied by City Manager with six -month period to remove excess animals - applicant came into compliance within timeframe -Jeffrey Guedes, 6319 Brooklyn Drive, to keep three dogs, applied 6/25/93 - denied by City Manager - applicant came into compliance -Richard M. Strong, 516 62nd Avenue N., to keep three dogs, applied 6/1/92 - denied by City Manager - applicant requested public hearing before City Council - 9/28/92 City Council held public hearing and denied license with one year to remove excess animal - applicant came into compliance within timeframe • *Dale Thompson, 3300 Quarles Road, to keep four dogs, applied 6/22/92 - denied by City Manager - applicant requested public hearing before City Council - 9/28/92 City Council held public hearing and denied license with three months to remove excess animals - 12/4/92 applicant requests from City Manager extension of time to remove excess dogs and is granted until 1/31/93 - 1/26/93 applicant requests from City Manager another extension of time to remove excess dogs and is granted until 2 /19/93 - 2/25/93 Code Enforcement Officer issues citation to applicant for non - compliance -Debra Jean Wilcox, 5417 Fremont Avenue N., to keep three dogs, applied 3/2/92 - denied by City Manager - applicant requested public hearing before City Council - 6/8/92 City Council held public hearing and denied license with six months to remove excess animals - 12/16/92 applicant in compliance -Debra Schlick, 6727 Perry Avenue N., to keep three dogs, applied 8/6/92 - denied by City Manager - applicant requested public hearing before City Council - 10/13/92 City Council held public hearing and denied license with three months to remove • excess animals - 1/13/93 applicant requests from City Manager extension of time to keep dogs -3- • - 1/26/93 City Manager denies extension based on City Council decision - 2/1/93 applicant in compliance -Sharon Weise, 6730 Dupont Avenue N., to keep three dogs, applied 11/12/90 - 2/11/91 public hearing before City Council -City Council approved license for one year only - applicant came into compliance within timeframe * -Diane Baer, 6915 Lee Avenue N., to keep three dogs, applied 11/1/89 - 11/13/89 public hearing before City Council -City Council approved license for one -year period - 2/11/91 public hearing before City Council for reconsideration (extension) -City Council approved extension to 9/1/91 - applicant in compliance within timeframe -Sara Wiegand, 4206 66th Avenue N., to keep three dogs, applied 6/26/89 - 7/24/89 public hearing before City Council -City Council approved license for one year and allowed applicant to apply for 2nd year - 9/24/90 public hearing before City Council -City Council approved renewal until 9/30/91 - applicant in compliance within timeframe • ** -James Zimmer, 5729 Bryant Avenue N., to keep three dogs, applied 3/13/86 - 4/7/86 public hearing before City Council (1 st license period) -City Council approved license for one -year period - 5/4/87 public hearing before City Council (2nd license period) -City Council approved renewal until 11/1/88 (this was an 18 -month period) - 11/21/88 public hearing before City Council (3rd license period) -City Council approved renewal until 10/1/89 - applicant in compliance 10/15/89 -Mabel Rustad, 5229 Great View Avenue N., to keep four cats, applied 3/13/89 - 4/24/89 public hearing before City Council -City Council denied license and requested staff to prepare a resolution with findings which allow the owner 30 days in which to remove the excess cats - 5/8/89 City Council approved resolution which denies private kennel license -Roger Lee Olson, 5449 Emerson Avenue N., to keep three dogs, applied 5/2/89 - 6/12/89 public hearing scheduled -Mr. Olson withdrew application prior to meeting - 7/19/89 applicant in compliance • In reviewing these private kennel license applicant files, there is one instance in which the City Council approved the private kennel license for a one -year period and the applicant requested an extension from the City Council after the one -year period (it is indicated with a single asterisk *). -4- There are two other instances in which the period of time exceeds three years (they are indicated with a double asterisk * *) and is due to the City Council approving a license for an 18 -month period of time. There are no applicants requesting an extension after the Council had approved the third and final license period. • -5- City Council Agenda Item No. 8a Office of the City Clerk City o f Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 5, 2000 SUBJECT: Select Presiding Officers - Mayor Pro Tem and Acting Mayor Pro Tem Section 2.06 of the City Charter requires the Council to choose from its members a Mayor pro tem who shall hold office at the pleasure of the Council and shall serve as Mayor in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. City Council Resolution No. 92 -262, Establishing and Designating an Acting President Pro Tem of the City Council, states the most senior Council member shall preside in the absence of both the Mayor and Mayor pro tem, and that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. Following is a list of Council members by seniority. Debra Hilstrom (elected November 8, 1994) • Kay Lasman (elected November 5, 1996, with 5,775 votes) Robert Peppe (elected November 5, 1996, with 5,092 votes) Ed Nelson (elected November 3, 1998, with 4,560 votes) In 1998, Kay Lasman was appointed Mayor pro tem and Debra Hilstrom was Acting Mayor pro tem. In 1999, Robert Peppe was appointed Mayor pro tem and Debra Hilstrom was Acting Mayor pro tem. For 2000, Mayor Kragness has indicated that she would ask for Council approval of her nomination of Debra Hilstrom as Mayor pro tem. Kay Lasman would serve as Acting Mayor pro tem. Attachment: Resolution No. 92 -262 • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Member Dave Rosene introduced the following resolution and moved its adoption: D RESOLUTION NO. 92 -262 RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2.06 of the Brooklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tem who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tem may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS, the City Council desires to provide for an acting president pro tem who shall serve in the absence of the Mayor and president pro tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the most senior Councilmember shall . preside in the absence of both the Mayor and Mayor pro tem. BE IT FURTHER RESOLVED that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. November 23, 1992 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen , and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8b Office of the City Clerk 031 City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk '9W rn DATE: January 5, 2000 SUBJECT: Appointment of Council Member to Serve as City Representative Following is a list of boards, committees, or commissions which require a City Council representative be appointed annually: •League of Minnesota Cities *North Metro Mayors Association *Northwest Suburbs Cable Communications Commission *Association of Metropolitan Municipalities 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City Council Agenda Item No. 8c 03[ City of Brooklyn Center Office of the Mayor A great place to start. A great place to stay. MEMORANDUM TO: Councilmembers Hilstrom, Lasman, Nelson, and Peppe FROM: Myrna Kragness, Mayor DATE: January 5, 2000 SUBJECT: Mayoral Appointments of Council Liaisons to City Commissions for 2000 At the January 10, 2000, meeting, I would like to discuss and make appointments of City Council Members to serve as Council Liaisons to City Advisory Commissions and the Northwest Hennepin Regional Human Rights Commission. In 1999, Council Members served on the City Advisory Commissions as follows: Commission Council Member Financial Robert Peppe Housing Ed Nelson Human Rights and Resources Debra Hilstrom Park and Recreation Kay Lasman 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City Council Agenda Item No. 8d City o Brooklyn y f n Center y Agreat place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 5, 2000 SUBJECT: Resolution Expressing Recognition and Appreciation of Members Who Have Served on City Advisory Commissions The attached resolution recognizes the public service of citizens who have voluntarily served on the City advisory commissions and have recently resigned as commission members. Also attached is a sample Certificate of Appreciation which will be presented to these commission members at the annual April commission recognition. Attachment • • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF, MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS WHEREAS, several citizens have voluntarily served on City Advisory Commissions; and WHEREAS, their public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, their leadership and expertise have been greatly appreciated by the Brooklyn Center Advisory Commissions; and WHEREAS, it is highly appropriate that each member's service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of: • Rhonda Braziel, Human Rights and Resources 7/24/95 12/31/98 Stanley Leino, Financial 3/9/98 - 3/25/99 Wayde Lerbs, Human Rights and Resources 8/22/94 - 12/31/98 Leona Raisch, Human Rights and Resources 1/27/97 - 12/31/98 Christopher Russell, Housing 3/9/98 - 11/29/99 Shawn Taylor, Human Rights and Resources 1/27/97 - 12/31/99 Robert Torres, Housing 12/5/88 - 3/16/99 is hereby recognized and appreciated by the City of Brooklyn Center and staff is directed to prepare individual certificates of appreciation for each commission member. 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. �x^ c erti �cate o rectat R Presented to Commission Member - In recognition of your dedicated service to the City of Brooklyn Center as a member of the Ci o Advis Commission.-� ' January 23, 1995 - December 31, 1999 Myrna Kragness, Mayor 'v � s City Council Agenda Item No. 8e • • There are no materials for this item. • • City Council Agenda Item No. 8f CARSON, CLELLAND Se SCHREDER ATTOSNEYS AT LAW • PROFESSIONAL LIMITED LIABILITY PARTNERSHIP JEFFREY A. CARSON 6300 SHINGLE CREEK PARKWAY, SUITE 305 TELEPHONE WILLIAM G. CLELLAND (612) 561 -2800 MINNEAPOLIS, MINNESOTA S5430-2190 ELLEN M. SCHREDER FAX ANN L. HARBINSON (612) 561 -1943 DAVID K. ROSS 21 December 1999 Mr. Michael J. McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Re: State of Minnesota, City of Brooklyn Center., vs. Violet Wanda Brunner 5025 Ewing Avenue North, Brooklyn Center, Minnesota Dear Mike: Enclosed please find a proposed Resolution and Order in the above - referenced matter for consideration at the next City Council meeting, along with a copy of City Inspector's reports. Upon passage of the Resolution, please provide me with a signed Order so that I can arrange for service of the Order upon the owners of record and filing of the Order with the Court. If you have any questions, please feel free to give me a call. Sincerely, CARSON, CLELLAND & SCHREDER William G. Clelland Brooklyn Center Prosecutor WGC /jlr Enclosure • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5025 EWING AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55429 LEGALLY DESCRIBED AS Lot 13, Block 2, Twin Lake Woods 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. WHEREAS, Minnesota Statutes §463.15 et seq defines a hazardous building or hazardous property as any building or property which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment constitutes a fire hazard or hazard to the public safety or health; and WHEREAS Brooklyn enter City Ordinances Chapters 19 -103 specifically defines as Yn Y Y P p nuisances and prohibits the same, the presence on any real property of any accumulation of rubbish, • garbage, junk, disused furniture, appliances, equipment, junk motor vehicles, building materials, scrap lumber and construction debris, and the like; and WHEREAS, Brooklyn Center City Ordinances Chapters 19 -1303 prohibits the keeping, placing or storing or permitting the parking or storing of an inoperable vehicle on private lands not within a building; and WHEREAS, the correction of hazardous conditions and the abatement of public nuisances is necessary to protect the health, safety and welfare of the public by elimination of dangerous conditions, attractive nuisances and for the elimination of harborage for vermin, rats and other animals who may pose a danger to the public safety and health and to provide for the proper storage of refuse and garbage, debris and junk thereby providing for more sanitary and safe conditions and to further protect the integrity and desirability of neighborhoods by prohibiting the storage of junk and other refuse in residential areas; and WHEREAS, City Inspectors have inspected the above - described premises in October, November and December 1999, and observed that the entire backyard was piled with debris ranging from four to ten feet in height, consisting of tarps, wood scraps, metal scraps, buckets, pails, pottery, plastic jugs, cans, chairs, lawn mowers, cardboard boxes, windows, rugs, carpet scraps, gas cans, wrappers and other miscellaneous debris, and the presence of a junk vehicle, to -wit: Minnesota registration 445 -GMU, which does not have current registration and which is covered and filled with miscellaneous debris, in violation of City Ordinances; and • RESOLUTION NO. • WHEREAS, the City Council adopts the findings of the Housing Inspectors as to the hazardous conditions on said property and the dilapidation to the single family home thereon, and WHEREAS, the owner of record of said real property is Violet Wanda Brunner; and WHEREAS, Violet Wanda Brunner was previously served with Compliance Orders from the City of Brooklyn Center requiring abatement of all of the nuisances and hazardous conditions recited herein, and WHEREAS, Violet Wanda Brunner has failed and refused to comply with said Compliance Orders. NOW .THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF_ BROOKLYN CENTER THAT: 1. The City Council finds that the single - family dwelling at 5025 Ewing Avenue North, Brooklyn Center, Minnesota 55429 is a hazardous building because of the presence of debris in the backyard of said property ranging from four feet to ten feet in height. 2. The City Council finds that the condition of the premises at 5025 Ewing Avenue North, Brooklyn Center, Minnesota 55429 constitutes a hazardous property and a • public nuisance within the meaning of Minnesota Statutes §463 and Brooklyn Center Ordinances Chapters 19 due to the presence of debris piled in the backyard ranging from four to ten feet in height, including tarps, wood scraps, metal scraps, buckets, pails, pottery, plastic jugs, cans, chairs, lawn mowers, cardboard boxes, windows, rugs, carpet scraps, gas cans, wrappers and other miscellaneous debris, and the presence of a junk vehicle, to -wit: Minnesota registration 445 -GMU, which does not have current registration and which is covered and filled with miscellaneous debris, in violation of City Ordinances; and 3. The abatement of nuisances at 5025 Ewing Avenue North, Brooklyn Center, Minnesota 55429 by the removal of all debris, junk, motor vehicles and the like, recited herein, is hereby ordered by the City Council of the City of Brooklyn Center as follows: (a) Remove all junk motor vehicles, garbage, wood scraps, metal scraps, lawn mowers, carpet scraps, debris and the like as recited herein. (b) Store all garbage in rodent free and fly -tight containers. The City Manager is hereby authorized to cause and carry out the abatement described herein and to perform all other tasks and functions reasonably incident thereto and to keep an accurate record of the cost of all actions and proceedings herein, including administrative time, attorney's • 2 fees, costs and disbursements, and all other costs of the enforcement of this Order, and to send a statement of such costs to the landowners and occupants who are directed herewith to pay the same. Dated: Mayor ATTEST: 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 duly passed and adopted. • i 3 • ORDER FOR THE CORRECTION OF HAZARDOUS CONDITIONS AND THE ABATEMENT OF PUBLIC NUISANCES EXISTING AT 5025 EWING AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55429 The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. herewith orders Violet Wanda Brunner, to correct those hazardous conditions and to abate those public nuisances existing at 5025 Ewing Avenue North, Brooklyn Center, Minnesota 55429, which has been declared to be a hazardous property and a public nuisance within the meaning of Minn. Stat. Chapter 463.15 et seq and constituting public nuisances and other violations under Chapters 19 of the Ordinances of the City of Brooklyn Center, and to correct and resolve said hazardous conditions and to abate all public nuisances and to correct and resolve all Ordinance violations within thirty (30) days from the date of service of this Order and Resolution upon you. If there is no compliance with this Order, a Motion for summary enforcement of this Order shall be made to the Hennepin County District Court unless an Answer is filed herein within twenty (20) days of the date of service of this Order upon said parties pursuant to Minnesota Statute §463.18. If no compliance with this Order shall have taken place or no Answer contesting this action filed herein or if such Answer is filed and the Court orders the enforcement of this Order then the City of Brooklyn Center shall cause the hazardous conditions to be corrected and all public nuisances abated and all Ordinance violations corrected and all costs of the correction of hazardous conditions, the abatement ofnuisances and other actions required by this Order, including filing fees, publication fees, attorney's fees, witnesses fees, administrative time and the like shall be a lien against the real property on which said conditions and violations were located, said lien to be levied and collected • • only as a special assessment in the manner provided by Minnesota Statutes Chapter 429 and the provision of Minnesota Statute §463.161. CITY OF BROOKLYN CENTER Dated: Michael McCauley, City Manager • • 2 99 -22133 Page 2. RECOMMENDED CHARGE(S) BY FORMAL COMPLAINT: +• BRUNNER, Violet Wanda Dob/03 -30 -27 5025 Ewing Ave N Brooklyn Center, MN. 55429 Telephone Unknown F/Race unknown/Height 507/Weight 150/Hair unknown/Eyes Blue PUBLIC NUISANCE Section 19 -103 On 10/28/99 at 1058 hours, I received a complaint in my phonemail regarding the property conditions at 5025 Ewing Ave N in Brooklyn Center. The complainant stated that the "backyard is fult of junk." The property is owned by Violet Wanda Brunner, DOB/03- 30 -27. On 10/28/99 at 1357 hours, I inspected the property at 5025 Ewing Ave N and noted that the of the residence was nothing but high entire backyard g iled debris. Debris piles were anywhere g piled of the piles were covered with tarps from 4 feet in height to approximately 10 feet in height. y p g pp Y and numerous piles were covered with tarps that were constructed in a tent like fashion, some being at least 10 feet high. Tarps were flung over pieces of fencing and underneath was nothing but debris. Debris consisted of wood/metal scraps, buckets, pails, pottery, plastic jugs, cans, chairs, lawn mowers, cardboard boxes, windows, rugs, carpet scraps, gas cans, wrappers and other debris too numerous to list. A vehicle was also buried under the debris and the interior of the vehicle was full of debris. License plate number on this vehicle was 445 -GMU. The backyard was impassable with debris and spanned the entire area from the West to the East side of the rear of the property. On 10/29/99, I sent to the property owner, a notice advising that all plastic coverings and tarps and all items being stored underneath these tarps, must be removed from the rear of the property. The tentative reinspection date was scheduled for 11/09/99. On 11/08/99 at 1557 hours and again on 11/09/99 at 0841 hours, I received additional complaints regarding the debris in the rear of the property at 5025 Ewing Ave N. On 11/10/99 at 1014 hours, I received a telephone message from the resident at 5025 Ewing Ave N and she advised me that the items in her backyard were her "sister's stuff for a garage sale over the weekend." This parry requested an additional week to remove the items and stated that, "A guy is hauling stuff away right now." I made a note of this request and gave the resident an extension through 11/22/99 to remove items. I was unable to contact resident as she did not leave her telephone number. at there was no compliance and the roe P On 11/30/99 at 1020 hours, I reinspected p p rty and noted that that the entire backyard area was still high piled debris and piles were still tarped. I attempted to make contact with property owner at this time and no one answered the door. I placed a pink warnin g g to in the door advising that all debris must be removed and that she had five business days to contact me otherwise further action may take place. On 12/01/99 at 1250 hours, I received another telephone message from the resident at 5025 Ewing Ave N and this time she advised that, "I have a truck coming late this Friday afternoon to clean it 99 -22133 Page 3. UP." The Friday in question would have been 12/03/99. I decided to give the property owner i • through the weekend to remove the debris. Again, property owner failed to leave her telephone number so I could return her call. On 12/06/99 at 1026 hours, I conducted a final inspection on the property and noted that there was still no compliance. If some debris had been removed, it went unnoticed as it is piled so high and scattered all over rear of property. Tarps are still strung about property and debris is piled underneath the tarps. The vehicle license plate number 445 -GMU is still buried under debris and the interior of vehicle.is still full of debris. I took numerous photographs of property at this time. Due to large extent of the debris, I am requesting a formal complaint against property owner, Violet Wanda Brunner. Ms. Brunner has made two promises to have debris removed and had been granted two extensions and still failed to comply. The backyard is a potential hazard due to the high piled debris and is a-harborage for vermin. I am requesting that this complaint be expedited so as clean up can be enforced immediately and whether or not it snows. This yard is an eyesore to the neighboring homes and some of the debris in rear of property can be seen from the street in front of the property. Everything in rear of property must go. End of report. Ruzick City Council Agenda Item No. 89 CA -RSON, GLELLAND Sc SCHREDER • ATTO$NEYS AT LAW PROFESSIONAL LIMITED LIABILITY PARTNERSHIP JEFFREY A. CARSON 6300 SHINGLE CREEK PARKWAY, SUITE 305 TELEPHONE WILLIAM G. CLELLAND (612) 561 -2800 ELLEN M. SCHREDER MINNEAPOLIS, MINNESOTA S5430-2190 FAX ANN L. HARBINSON (612) 561 -1943 DAVID K. ROSS 20 December 1999 Mr. Michael J. McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Re: State of Minnesota, City of Brooklyn Center, vs. Roger M. Quast and Joyce Waalk Quast 7000 Oliver Avenue North, Brooklyn Center, Minnesota 55430 Dear Mike: Enclosed please find a proposed Resolution and Order in the above - referenced matter for consideration at the next City Council meeting, along with a copy of City Inspector's • reports. Upon passage of the Resolution, please provide me with a signed Order so that I can arrange for service of the Order upon the owners of record and filing of the Order with the Court. If you have any questions, please feel free to call. Sincerely, CARSON, CLELLAND & SCHREDER WilliaL G. Clelland WGC /jlr Enclosure • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 7000 OLIVER AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS Lot 12, Block 9, in Hipp's East Palmer Lake Addition, according to the recorded plat thereof, Hennepin County, Minnesota. WHEREAS, Minnesota Statutes §463.15 et seq defines a hazardous building or hazardous property as any building or property which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment constitutes a fire hazard or hazard to the public safety or health; and WHEREAS, Brooklyn Center City Ordinances Chapter 7 -102 specifically requires the owner of any premises to obtain service from a licensed refuse hauler to collect refuse at least once every • week; and WHEREAS, Brooklyn Center City Ordinances Chapters 19 -103 specifically defines as nuisances and prohibits the same, the presence on any real property of any accumulation of rubbish, garbage, junk, disused furniture, appliances, equipment, junk motor vehicles, building materials, scrap lumber and construction debris, and the like; and WHEREAS, Brooklyn Center City Ordinances Chapters 5 -201 adopts and incorporates the Uniform Fire Code which prohibits the storage of combustible rubbish in non - approved containers and prohibits combustible vegetation determined to be a fire hazard; and WHEREAS, the correction of hazardous conditions and the abatement.of public nuisances is necessary to protect the health, safety and welfare of the public by elimination of dangerous conditions, attractive nuisances and for the elimination of harborage for vermin, rats and other animals who may pose a danger to the public safety and health and to provide for the proper storage of refuse and garbage, debris and junk thereby providing for more sanitary and safe conditions and to further protect the integrity and desirability of neighborhoods by prohibiting the storage of junk and other refuse in residential areas; and WHEREAS, City Inspectors have inspected the above - described premises on 3 November 1999 and discovered a large amount of combustible debris, constituting a fire hazard to the property as well as adjacent properties, including wood scraps, metal pipes, tarps, shovels, pallets, fencing, • plastic pipes, hoses, plastic chairs, lawn chairs, shelves, screens, sections of gutters, umbrellas, a RESOLUTION NO. , • charcoal grill, wooden tables, a weed trimmer, a makeshift shed, combustible vegetation, and other miscellaneous debris, in violation of City Ordinances; and WHEREAS, the City Council adopts the findings of the Housing Inspectors as to the hazardous conditions on said property and the dilapidation to the single family home thereon, and WHEREAS, the owners of record of said real property are Roger M. Quast and Joyce A. Waalk Quast, a/k/a Joyce A. Waalk, a/k/a Mrs. Roger M. Quast, a/k/a Joyce A. Waalk- Quast; and WHEREAS, said property is encumbered by a mortgage dated 26 January 1990 in favor of Avco Financial Services, 9424 Lyndale Avenue South, Bloomington, Minnesota; and a mortgage dated 26 December 1991 in favor of Norwest Financial Minnesota, Inc., 8028 Olson Memorial Highway, Golden Valley, Minnesota 55427; and a mortgage dated 15 December 1997 in favor of Ameriquest Mortgage Company, P.O. Box 11507, Santa Ana, California 92711; and WHEREAS, Roger M. Quast and Joyce A. Waalk Quast were previously served with Compliance Orders from the City ofBrooklyn Centerrequiring abatement of all ofthenuisances and hazardous conditions recited herein, and WHEREAS, Roger M. - Quast and Joyce A. Waalk Quast have failed and refused to comply with said Compliance Orders. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER THAT: 1. The City Council finds that the single - family dwelling at 7000 Oliver Avenue North, Brooklyn Center, Minnesota 55429 is a hazardous building because of the presence of garbage, rubbish, combustible vegetation, and the like, constituting a fire hazard. 2. The City Council finds that the condition of the premises at 7000 Oliver Avenue North, Brooklyn Center, Minnesota 55429 constitutes a hazardous property and a public nuisance within the meaning of Minnesota Statutes §463 and Brooklyn Center Ordinances Chapters 5, 7 and 19 due to the presence of combustible debris, constituting a fire hazard to the property as well as adjacent properties, including wood scraps, metal pipes, tarps, shovels, pallets, fencing, plastic pipes, hoses, plastic chairs, lawn chairs, shelves, screens, sections of gutters, umbrellas, a charcoal grill, wooden tables, a weed trimmer, a makeshift shed, combustible vegetation, and other miscellaneous debris, in violation of City Ordinances; and 3. The abatement of nuisances and fire hazards at 7000 Oliver Avenue North, Brooklyn Center, Minnesota, by the removal of all rubbish, debris, garbage and the like, recited herein, is hereby ordered by the City Council of the City of Brooklyn Center as follows: 2 RESOLUTION NO. • (a) Remove all arba e, wood scraps, metal pipes, pallets, chairs combustible g g P , pp ,p , materials, debris and the like, as recited herein. (b) Store all refuse on the premises in required containers and dispose of all refuse in a sanitary manner. (c) Clear the premises of combustible vegetation. The City Manager is hereby authorized to cause and carry out the abatement described herein and to perform all other tasks and functions reasonably incident thereto and to keep an accurate record of the cost of all actions and proceedings herein, including administrative time, attorney's fees, costs and disbursements, and all other costs of the enforcement of this Order, and to send a statement of such costs to the landowners and occupants who are directed herewith to pay the same. Dated: Mayor ATTEST: 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 duly passed and adopted. • 3 • ORDER FOR THE CORRECTION OF HAZARDOUS CONDITIONS AND THE ABATEMENT OF PUBLIC NUISANCES EXISTING AT 7000 OLIVER AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430 The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. herewith orders Roger M. Quast, Joyce A. Waalk Quast, a/k/a Joyce A. Waalk, a/k/a Joyce A. Waalk - Quast, a/k/a Mrs. Roger M. Quast, Avco Financial Services, Norwest Financial Minnesota, Inc., and Ameriquest Mortgage Company, to correct those hazardous conditions and to abate those public nuisances existing at 7000 Oliver Avenue North, Brooklyn Center, Minnesota 55430, which has been declared to be a hazardous property and a public nuisance within the meaning of Minn. Stat. Chapter 463.15 et seq and constituting public nuisances and other violations under Chapters 5, 7 and 19 of the Ordinances of the City of Brooklyn Center, and to correct and resolve said hazardous conditions and to abate all public nuisances and to correct and resolve all Ordinance violations within twenty (20) days from the date of service of this Order and Resolution upon you. If there is no compliance with this Order, a Motion for summary enforcement of this Order shall be made to the Hennepin County District Court unless an Answer is filed herein within twenty (20) days of the date of service of this Order upon said parties pursuant to Minnesota Statute §463.18. If no compliance with this Order shall have taken place or no Answer contesting this action filed herein or if such Answer is filed and the Court orders the enforcement of this Order then the City of Brooklyn Center shall cause the hazardous conditions to be corrected and all public nuisances abated and all Ordinance violations corrected and all costs of the correction of hazardous conditions, the abatement of nuisances and other actions required by this Order, including filing fees, publication fees, attorney's fees, witnesses fees, administrative time and the like shall be a lien against the real • property on which said conditions and violations were located, said lien to be levied and collected only as a special assessment in the manner provided by Minnesota Statutes Chapter 429 and the provision of Minnesota Statute §463.161. CITY OF BROOKLYN CENTER Dated: Michael McCauley, City Manager • 2 - �t11 Ep I VY N fit a . &OOKLYN CENTER FIRE DEPARTMENT Emergency Fire 911 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Telephone - 569 -3360 FAX - 561 -0717 TO: Michael McCauley City Manager FROM: Ron Boman Fire Chief DATE: November 4, 1999 SUBJECT: 7000 Oliver Ave. No. On Wednesday November 3, 1999 at 9:15 1 took a number of pictures of the debris accumulated behind the property at 7000 Oliver Ave. North, these pictures where taken from the adjacent yards with the permission of the home owners 7004 Oliver Ave. No. • and 2120 70th Ave. No. A large amount of the debris is combustible and a fire hazard to the adjacent home owners, while I was taking picture I noticed a number of rodent holes under the fence. I also noticed a large amount of metal parts, old lawn mowers and some type of shed that was covered with tar paper, generally a real eye sore to the adjacent home owners as well as home for rodents. Because of the large amount of combustibles I have included the page of the Uniform Fire Code that covers this situation, 1103.2, 1103.2.1.2 and 1103.2.4. 1 have enclosed a copy of the codes covering this. 11103.3.3.1 '033.3.1 1997 UNIFORM FIRE CODE - 11025.2.2 Location. Barbecue pits outside of buildings shall 2. In covered metal or metal -lined receptacles or bins, or • not be located within 10 feet (3048 mm) of combustible walls or roofs or other combustible material. g. Completely baled and stacked in an orderly manner in an ap- proved location. 11025.2.3 Portable fire extinguishers. Portable fire extin- 1103.2A -, Combustible vegetation. Cut: or uncut weeds, grass, guishers shall be provided for commercial barbecue pits in vinesand =other vegetation shall be iem e ' " ' determined by, accordance with UFC Standard 10-1. the�ehief .to be .a fire hazard: When the chief determines that total , removal of growth is impractical due to size or environmental fac- SECTION 1103 - COMBUSTIBLE MATERIALS tors;. approved fuel breaks shall. be established. Designated areas shall be cleared of combustible vegetation to establish the fuel 1103.1 General. Storage, accumulation, use and handling of b reaks • combustible materials shall be in accordance with Section 1103. 11033 Storage, Use and Handling of Miscellaneous Combus- 1103.2+Storage and Accumulation of Rubbish and Vegeta- tible Materials tion_ ° 11033.1 General. Storage, use and handling of miscellaneous 1103.2.1 Rubbish within and adjacent to buildings and struc. combustible materials shall be in accordance with Section 1103.3. tures. 11033.2 Storage in buildings. 1103.2.1.1 General. Rubbish kept within or adjacent to build - 11033.2.1 General. Storage of combustible materials in ings or structures shall be in accordance with Section 1103.2.1. buildings shall be orderly. EXCEPTION: Commercial rubbish - handling operations shall be 11033 -2-2 Ceiling clearance. Storage shall be maintained in accordance. with Section 110323. - 2 feet (610 mm) or more below the ceiling in nonsprinklered areas 1103.21.2, Required .storage conditions. Combustible rubbish of buildings. kept or.accumulated within or.adjacent to buildings or structures Storage shall be maintained 18 inches (457 mm) or more below sha11`be M complying with Section 1103.2.1.4 or in sprinkler head deflectors in sprinklered areas of buildings. rooms of vaults constructed 4 noncombustible'materials. 1103.2.13 Oily rags. Oily rags and similar materials shall be 11033.23 Means of egress. Combustible material shall not be stored in exits or exit enclosures. stored in metal, metal -lined or other approved containers equipped with tightfitting covers. 11033.2.4 Equipment rooms. Combustible material shall not • 1103 -2.1.4 Rubbish containers. be stored in boiler rooms, mechanical rooms or electrical equip - ment rooms. 1103.2.1.4.1 General. Rubbish containers kept outside of 11033.25 Attic, under -floor and concealed spaces. Attic, un- rooms or vaults shall not exceed 40.5 cubic feet (1.15 m capac- der -floor and concealed spaces used for storage of combustible ity. Containers exceeding 5 cubic feet [40 gallons (0.15 m materials shall be protected on the storage side as required for one- 1 shall be provided with lids. Such containers and lids shall be hour fire- resistive construction. Openings shall be protected by constructed of noncombustible materials or nonmetallic materials assemblies that are self - closing and are of noncombustible con - complying with Section 1103.2.1.4.2. struction or solid wood core not less than 1 inch (44.5 mm) in 1103.2.1.4.2 Nonmetallic containers. Nonmetallic rubbish thickness. Storage shall not be placed on exposed - joists. containers exceeding 5 cubic feet [40 gallons (0 .15 m capac- EXCEPTIONS: 1. Areas protected by approved automatic sprin- ity shall be manufactured of materials having a peak rate of heat kler systems. release not exceeding 300 kW /m at a flux of 50 kW /m when 2. Group R, Division 3 and Group U Occupancies. tested in accordance with nationally recognized standards. See 11033.2.6 Fueled equipment. Fueled equipment, including but Article 90, Standard a.4.10. Such containers shall be permanently not limited to motorcycles, mopeds, lawn -care equipment and labeled indicating capacity and peak rate of heat release. portable cooking equipment, shall not be stored, operated or re- paired within a building. 1103.2.15 Removal. Combustible rubbish.stored in containers EXCEPTIONS: 1. Buildings or rooms constructed for such use in outside of noncombustible vaults or rooms shall be removed from accordance with the Building Code buildings at least once each working day. 2. When allowed by other provisions of this code. 1103-2.2 Rubbish within dumpsters. Dumpsters and contain - The chief is authorized to require removal of such equipment ers with an individual capacity of 1.5 cubic yards [40.5 cubic feet from any location when the presence of such equipment is deter - (1.15 m or more shall not be stored in buildings or placed within mined by the chief to be hazardous. 5 feet (1524 mm) of combustible walls, openings or combustible roof eave lines. For requirements in covered mall buildings, see Section 3504.3. EXCEPTIONS: 1. Areas containing dumpsters or containers 110333 Use of combustible decorative materials. protected by an approved automatic sprinkler system. 110333.1 General. Combustible decorative materials used in 2. Structures of Types I and 11 fire - resistive construction used for Group A; Group H and M wholesale and retail stores; Group E; • from other buildings. P I� and public areas of Group ceu P t or container storage located not less than 10 feet (3048 mm) from Gro • R, Division 1 O ancies o shall be flame resistant as determined by procedures set forth in 1103.23 Commercial rubbish- handling operations. Occu- Section 1103.33. pancies exclusively performing commercial rubbish handling or EXCEPTIONS: 1 . The display of salable goods. recycling shall maintain rubbish or product to be processed or re- 2 Educational materials and product brochures that are stored, dis cycled as follows: tn'buted and maintained in an approved manner. 1. In approved vaults 3. Live vegetation of an approved type. 1-42 City Council Agenda Item No. 8h S r • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Wo SUBJ: Shingle Creek and West Mississippi WMO Commissions Additional Information DATE: December 10, 1999 At the monthly meeting of the Shingle Creek and West Mississippi Watershed Management Commissions on December 9, 1999, the Commissioners received an executed copy of the approved bylaw amendment creating a Technical Advisory Committee for each of these commissions. The commissioners also heard an update regarding the potential for repeal of the language prohibiting staff members from serving on WMO commissions. Some Commissioners reported on the status of reappointments and on discussions held by the City Councils. • 1. Technical Advisory Committee. The TAC is a committee of the Commission, and each city's council may appoint whomever they desire to fill a committee position. If no appointment is made, then the appointed Commissioner serves as the TAC member. TAC members attend and participate in all meetings of the Commission, but may not vote. The Commission may delegate any duties or responsibilities to the TAC which may lawfully be so delegated. Duties which may not be delegated include approval of the annual budget; approval of payment of claims; and authorization.to enter into a contract. At this time, neither WMO has delegated any responsibilities specifically to the TAC, however, duties which have been discussed include project reviews, special studies, and other non - policy items. I recommend that the City Council consider appointing me as TAC member and City Engineer Scott Brink as TAC Alternate. , 2. The attached memo from Commission Attorney Charlie LeFevere provides an update on the status of the repeal concept. At the December commission meetings, both Shingle Creek and West Mississippi authorized Charlie to continue keeping up with the status of this repeal and to provide periodic information to member cities. No active lobbying activities on behalf of the commissions was authorized. Charlie also reported a rumor that Rep. Ozment will introduce this session language which clarifies what was supposedly his intent, that is, that as of January 1, 2000, no staff members are allowed to serve on WMO commissions. The current language states that as of January 1, 2000 staff members are not eligible to be appointed. Since Shingle Creek and West Mississippi utilize three -year rolling appointments, the current language • applies only to the one -third of the commissioners whose appointments expire in January, 2000. 3. Several cities reported on the reappointment procedure. Brooklyn Center did receive one application for appointment to the commissions. New Hope did not receive any applications, and has not yet decided what to do. Brooklyn Park did not report its status. Minneapolis has chosen to interpret the current language as meaning no staff can serve, and has appointed City Councilmember Barb Johnson to the Shingle Creek Commission. One issue in particular was very troublesome to the Plymouth City Council. Shingle Creek's budget is currently $244,000, much of which is obtained from assessments to cities. The commissioner from Plymouth reported that his City Council expressed great concern about the possibility of the commission being filled entirely with residents who may set a budget without concern as to the ability of the member cities to contribute their share. At least one Council member was willing to dissolve the WMO and allow the County to take over watershed management rather than that happen. • SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION s RESOLUTION 99 -7 A RESOLUTION AMENDING THE BYLAWS OF THE COMMSSION TO PROVIDE FOR THE CREATION OF A TECHNICAL ADVISORY CONIl4ui jLj&j& WHEREAS Article VI, Section 3 of the Bylaws of the Shingle Creek Watershed Management Commission (Commission)-provides for establishment of work committees; and; WHEREAS, Minnesota Statutes 1998, Section 103B.227, Subd. 2 was amended so that after December 31, 1999, staff of local units of government that are members of the Commission are not eligible to be appointed to the Board; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Shingle Creek Watershed t that hat.the laws of the _ B o the Commission be amended to add the following: ARTICLE IX TECHNICAL ADVISORY COMM[= Sec. 1. There is hereby created a Technical Advisory Committee (TAC) of the Commission. Sec. 2. The Council of each member city shall appoint a member and one or more • alternate members of the TAC who may act in the absence of the TAC member. The clerk of each city shall notify the Secretary of the Commission of such appointmerrts. TAC members may be, but need not be, members of the Board. TAC members shall serve at the pleasure of the Council which appoints them and are not required to meet statutory qualifications for Board members. Member cities which have not appointed members to the TAC will be deemed to have appointed their appointed Commissioners and Alternate Commissioners to serve as TAC members. Sec. 3. The TAC is a committee of the Commission and its meetings shall be subject to the Minnesota Open Meeting Law, Minn. Stats., Sec. 471.705. Sec. 4. The Board may by resolution delegate to the TAC any duties or responsibilities which may lawfully be so delegated Sea 5. Notice of all regular and special meetings of the Commission shall be given to all TAC members, copies of . ens, p es all correspondence, agenda matenals and other written materials provided to members of the Commission shall also be provided to TAC members. Sec. 6. TAC members may attend and participate in all'meetings of the commission. TAC members shall not have the authority to make motions or vote on matters before the Commission but shall otherwise have the rights of a Commission member to question, discuss, debate and comment on any matter before the Commission. Commissioner Diane Spector made a motion to adopt the foregoing resolution and Commissioner • Tom Mathisen seconded the motion. The following voted in favor thereof Spector, Brooklyn Center, Kevin Larson, Brooklyn Park, Mad isen, Crystal; Gerry Butcher, Maple Grove; Craig Cooper, Minneapolis; Mark Hanson; New Hope; Dennis Rosemark, Osseo; Fred Moore, Plymouth; and Dave Nummer, Robbinsdale; and the following voted against the motion: none; whereupon said resolution was declared duly passed and adopted this fourth day of November,1999. Vice Chair ` Attest•. Recording Secretary • MEMORANDUM TO: Shingle Creek and West Mississippi Watershed Management Commission Commissioners FROM: Charlie LeFevere DATE: November 29, 1999 RE: Ozment Bill on Commissioner Appointments I have been informed that the repeal of Representative Ozment's bill (which prohibits appointment of City staff members to serve as Commissioners on joint powers watershed management organizations) is included in the legislative policy agenda for the League of Minnesota Cities, but that it is not a priority policy. The AMM has also included repeal of the law in its legislative program. However, from the early returns of ballots used by cities to establish priorities for the lobbying effort of the AMM, it does not appear likely that it will be a priority for the AMM. • Although it seems that most cities affected by the law are opposed to it, few have taken steps to . make it a legislative priority for these organizations. There may be a number of reasons for this. First, only cities in the metropolitan area are affected by the law. Second, cities in watershed districts in the metropolitan area are not affected by the law. And third, some of the elected officials in the remaining cities do not seem to be focusing on the law as a high priority, perhaps because such other matters as levy limits and tax increment financing compete for priority status. Diane Spector asked that we prepare a list of cities affected by the new law. I asked John Choi, a lobbyist from my firm, to list the cities and to identify the legislators serving those cities. His report is attached. It does not seem likely that the LMC or the AMM will be devoting a substantial amount of time or effort to lobbying for repeal of the law. The next legislative sessions begins in February, and any more concerted effort to seek repeal should start in the near future. Therefore, Shingle Creek and West Mississippi Commissioners should consider whether they wish to undertake any further effort to lobby for repeal, either alone or in cooperation with other cities or joint powers watershed management organizations. cc: Mr. Eric Thompson Ms. Judie Anderson CLG17UO60 SM20 -1 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E o http://www.kennedy- graven.com MEMORANDUM TO: Charlie LeFevere FROM: John Choi DATE: November 22, 1999 RE: Possible Repeal of Section 126, Laws 1999, Chapter 231 (S.F. No. 2226) As we discussed, here is a memo analyzing legislative options regarding the possible repeal of Section 126, Laws 1999, Chapter 231 (S.F. No. 2226), which prohibits staff of member local government units from being appointed to a water management organizations. r INTRODUCTION There are numerous consideration that should be made in determining whether an attempt should be made to repeal any legislation. More often than not, it is difficult to convince legislators to repeal a new law in the session immediately following its enactment based primarily upon the fact that the new law has not been given a chance. to operate. However, a repeal effort may succeed if there are strong considerations supporting repeal. Some of those reasons could include a situation where the legislation was not fully or fairly considered by the Senate and/or House and where there is strong support for repeal by special interest organizations, citizens and legislators. With regard to the possible repeal effort discussed in this memo, another factor would be a strong desire of the local government committee members in • the House and Senate to reconsider this matter. HISTORY Section 126 of the Omnibus Environment, Natural Resources and Agriculture Budget Bill was inserted by Representative Dennis Ozment (R- Rosemount) in a house committee. The Senate companion bill did not have a comparable provision. Representative Dennis Ozment is the Chair of the Environment and Natural Resources Finance Committee and has considerable power in the House. The language of Section 126 was originally introduced as SF1730 and HF1276. The house bill (HF1276) passed out of the House Local Government Committee but never was voted on by the full House. The senate bill (SF1730) did not receive a hearing in the Senate. The original bill (SF1730 and HF1276) is identical to the language that was amended on to the House Omnibus Environment, Natural Resources and Agriculture Budget Bill at Section 126. . As always, the House and Senate each passed an Omnibus Environment, Natural Resources and Agriculture Budget Bill with differing language. Eventually, the Senate agreed to compromise with the House on Section 126 and agreed to let the house language become law despite the fact that there were no Senate hearings or debate on this matter. Specifically, Section 129 of the Omnibus Environment, Natural Resources and Agriculture Budget Bill enacted by the Legislature reads as follows: Sec. 126. Minnesota Statutes 1998, section 103B.227, subdivision 2, is amended to read: Subd. 2. [NOTICE OF BOARD VACANCIES.] Appointing authorities for watershed management organization board members shall publish a notice of vacancies resulting from expiration of members' terms and other reasons. The notices must be published at least once in a newspaper of general circulation in the watershed management organization area. The notices must state that persons interested in being appointed to serve on the watershed management organization board may submit their names to the JJC- 171047 2 SH220 -1 • appointing authority for consideration. After December 31. 1999; staff of loc units of government tha are members of the watershed management organization are n ot eligible to be annointed to the board. Published notice of the vacancy must be given at least 15 days before an appointment or reappointment is made. ANALYSIS After reviewing the legislative record, it is clear that this language was enacted because of Representative Dennis' Ozment's strong support. It is also evident that there was not much opportunity for any group to lobby its position on this language since the language was inserted late in the legislative session and at a house environment budget committee hearing. Typically, the legislation should have passed out of the appropriate policy committees in the house and senate (i.e., the house and senate local government committees) and then voted on by all of the • representatives and senators as a stand alone bill and not as a part of an omnibus budget bill. In addition, the legislation (standing alone) was not considered or debated by any Senate Committee. Given these facts, an effort to repeal Section 126, Laws 1999, Chapter 231 (S.F. No. 2226) is not groundless. However, an effort to repeal any law will always be controversial and difficult. A. Senate Strategy. In this instance, a repeal effort should start with discussing the issue with Senators that have Watershed Management Organizations (WMO) in their districts. I have attached a listing of WMO's and their legislators as Exhibit A. Of particular importance are Senators who serve on the Senate Local Government and Metropolitan Affairs Committee, which is the appropriate policy committee for a bill dealing with WMOs. Those Senators would include Senators Ed Oliver (R- Deephaven), Steve Kelley (DFL — St. Louis Park), Len Price (DFL - Cottage Grove), JJC- 171047 3 SH220 -1 • Gen Olson (R — Minnetrista), Charles Wiger (DFL — North St. Paul), Sandy Pappas (DFL — St. Paul), Linda Higgins (DFL — Minneapolis), Carol Flynn (DFL — Minneapolis) and Pat Paiseau (IR — Farmington). In addition, we should discuss this matter with Senator Jim Vickerman, who is the chair of the Senate Local Government Committee. It is highly likely that many of these Senators may be surprised to hear that such legislation was enacted without their knowledge or involvement. Legislative contacts with Senators should be made before the end of the year. B. House Strategy. If there is an interest to repeal this provision in the Senate, we should begin speaking with House members with WMOs in their districts. I have attached a listing of WMO's and their legislators as Exhibit A. Of particular importance are Representatives who serve on the House Local Government and Metropolitan Affairs Committee, which is the appropriate policy committee for a bill dealing with WMOs. Those Representatives would include Representatives Ann Rest (DFL — New Hope), Mary Liz Holberg (R — Lakeville), Peg Larsen (DFL — Lake Elmo), Ron Abrams (R — Minnetonka), Ray Vandeveer (R — Forest Lake), Luanne Koskinen (DFL — Coon Rapids), Myron Orfield (DFL — Minneapolis), Mark Gleason (DFL — Richfield), Dan Larson (DFL — Bloomington), and Ann Lenczewski (DFL — Bloomington). Of particular importance is Representative Peg Larsen, who is the Chair of the House Local Government Committee. Finding a sympathetic majority member, however, may be difficult because of the fact that Representative Dennis Ozment seems to have strong feelings about this legislation. It may also be helpful to meet with Representative Ozment to see if he might be willing to reconsider. Legislative contacts in the House should be made after the Senate meetings and only if the Senate meetings are fruitful: JJC- 171047 4 SH220 -1 • C. Coalition Building. WMO's should strongly encourage the LMC and AMM to make this issue a legislative priority for the 2000 Legislative Session. In addition, other interest groups that may favor repeal should also be contacted if we decide to attempt to repeal Section 126, Laws 1999, Chapter 231 (S.F. No. 2226). A diverse coalition of interests is always preferred. WMO members should begin contacting their own cities, the LMC and AMM immediately as they are in the process of developing their 2000 Legislative Agenda. CONCLUSION In summary, I would recommend that WMOs pursue the idea of repeal by contacting the identified Senators immediately. If the Senate meetings are successful, WMOs should attempt to solicit the support of the identified House members. If both of these tasks can be done satisfactorily, we should begin to develop a legislative strategy for enacting legislation that repeals Section 126, Laws 1999, Chapter 231 (S.F. No. 2226). The 2000 Legislative Session begins on February 1, 2000 and will end quickly. Given this fact, I strongly encourage you to advise your client to move quickly in order to ensure that there is ample time to implement any plan of action. JJC- 171047 5 SH220 -1 WATERSHED MANAGEMENT ORGANIZATIONS Bassett Creek WMO c/o W. Peter Enck 9000 — 47 -1/4 Avenue North New Hope, MN 55428 (612) 541 -8210 New Hope (46) Ember Reichgott Junge Ann Rest (46A) Minnetonka (43) Ed Oliver Tom Workman (43A) Barb Sykora (43B) (44) Steve Kelley Betty Folliard (44A) Crystal (46) Ember Reichgott Junge Ann Rest (46A) Lyndon Carlson (46B) Golden Valley (45) Martha Robertson Peggy Leppik (45A) (46) Ember Reichgott Junge Ann Rest (46A) Black Dog WMO Burnsville City Hall 100 Civic Center Parkway • Burnsville, MN 55337 (612) 895 -4400 (612) 865 -4404 (Fax) Burnsville (36) Dave Knutson Dan McElroy (36B) (38) Deanna Wiener Tim Wilkin (38A) Tim Pawlenty (38B) (41) Bill Belanger Ken Wolf (41B) Apple Valley/Eagan (36) Dave Knutson Chris Gerlach (36A) (38) Deanna Wiener Tun Pawlenty (38B) Tim Wilkin (38A) Lakeville/Savage (36) Dave Knutson Chris Gerlch (36A) (37) Pat Pariseau Mary Liz Holberg (37B) (41) Bill Belanger Ken Wolf (41B) East Mississippi WMO Short, Elliott, endrickson Inc. tt, , 3535 Vadnais Center Drive St. Paul, MN 55110 (651) 490 -2028 • Woodbury (56) Gary Laidig Peg Larsen (56B) (57) Len Price Jim Seifert (57A) JJC- 170796 SH220-1 Ey • Elm Creek WMO 3001 Harbor Lane, Suite 150 Plymouth, MN 55447 (612) 553 -1144 (612) 553 -9326 (Fax) Hassan Township Maple Grove (33) Warren Limmer Arlon Lindner (33A) Rich Stanek (33B) Champlin (33) Warren Limmer Arlon Lindner (33A) (48) Don Betzold Bill Haas (48A) Corcoran (33) Warren Limmer Arlon Lindner (33A) Plymouth (33) Warren Limmer Rich Stanek (33B) (34) Gen Olson Henry VanDellen (34B) (45) Martha Robertson Ron Abrams (45A) Peggy Leppik (45B) Dayton (33) Warren Limmer Arlon Lindner (33A) Greenfield (34) Gen Olson Steve Smith (34A) Medina (34) Gen Olson Henry Van Dellen (34B) Rogers (33) Warren Limmer Arlon Lindner (33A) Forest Lake WMO 21350 Forest Boulevard North Forest Lake, MN 55025 (651) 464 -4348 Town of Forest Lake City of Forest Lake (5 1) Jane Krentz Ray Vendeveer (51B) New Scandia Township Grass Lake WMO City of Shoreview 4600 North Victoria Street Shoreview, MN 55126 (651) 490 -4650 Roseville (54) John Marty Mary Jo McGuire (54A) Mindy Greiling (54B) Shoreview (53) Linda Runbeck Phil Krinkie (53A) • Sherry Broecker (53B) JJC- 170796 SH220 -1 • Gun Club Lake WMO Rich Brasch 3830 Pilot Knob Road Eagan, MN 55122 (651) 681 -4600 Eagan (38) Deanna Wiener Tim Wilkin (38A) Tim Pawlenty (38B) Mendota Heights (38) Deanna Wiener Tim Wilkin (38A) (39.) James Metzen Thomas Pugh (39A) Inver Grove Heights (39) James Metzen Thomas Pugh (39A) Bob Milbert (39B) Lower Mississippi River WMO Tom Seaberg 125 Third Avenue North South St. Paul, MN 55075 (651) 450 -8704 Lilydale (38) Deanna Wiener Tim Wilkin (38A) South St. Paul (39) James Metzen Thomas Pugh (39A) • Bob Milbert (39B) Inver Grove Heights (39) James Metzen Thomas Pugh (39A) Bob Milbert (39B) Mendota Heights (38) Deanna Wiener Tun Wilkin (38A) (39) James Metzen Thomas Pugh (39A) St. Paul (55) Charles Wiger Betty McCollum (55B) (64) Richard Cohen Matt Entenza (64A) Michael Paymar (64B) (65) Sandy Pappas Andy Dawkins (65A) Carlos Marianai (65B) (66) Ellen Anderson Tom Osthoff (66A) Alice Hausman (66B) (67) Randy Kelly Tim Mahoney (67A) Steve Trimble (67B) Sunfish Lake (39) James Metzen Thomas Pugh (39A) West St. Paul (39) James Metzen Thomas Pugh (39A) Lower Rum River WMO 2015 First Avenue Anoka, MN 55303 (612) 421 -8999 • (612) 421 -9194 (Fax) JJC- 170796 sx220 -1 Ramsey (50) Paula Hanson Kathy Tingelstad (50B) Anoka (49) Leo Foley Jim Abeler (49A) Andover (50) Paula Hanson Kathy Tingelstad (50B) Coon Rapids (48) Don Betzold Alice Johnson (48B) (49) Leo Foley Jim Abeler (49A) Luanne Koskinen (49B) Lower St Croix WMO P. O. Box 219 333 St. Croix Trail South Afton, MN 55001 (56) Gary Laidig Peg Larsen (56B) (651) 436 -5090 Marine on St Croix WMO 11123 Quirt Avenue North Stillwater, MN 55002 (651) 433 -3636 Stillwater Township New Scandia Township Marine (5 1) Jane Krentz Ray Vandeveer (51B) May Township Middle Mississippi River WMO 250 South Fourth Street, #300 Minneapolis, MN 55415 (612) 673 -5897 (612) 673 -5819 (Fax) Minneapolis (58) Linda Higgins Joe Mullery (58A) Gregory Gray (58B) (59) Larry Pogemiller Len Biernat (59A) Phyllis Kahn (59B) (60) Allan Spear Margaret Anderson Kelliher (60A) Myron Orgield (60B) (61) Linda Berglin Karen Clark (61A) Linda Wejcman (61B) (62) Carol Flynn Lee Greenfield (62A) Wes Skoglund (62B) • (63) Jane Ranum Jean Wagenius (63A) Mark Gleason (63B) JJC- 170796 SH220 -1 • St. Anthony (54) John Marty Mary Jo McGuire (54A) (14) Michelle Fischbach Steve Dehler (14A) Falcon Heights (54) John Marty Mary Jo McGuire (54A) Lauderdale (54) John Marty Mary Jo McGuire (54A) St. Paul (55) Charles Wiger Betty McCollum (55B) (64) Richard Cohen Matt Entenza (64A) Michael Paymar (64B) (65) Sandy Pappas Andy (65A) Carlos Marianai (65B) (66) Ellen Anderson Tom Osthoff (66A) Alice Hausman (66B) (67) Randy Kelly Tim Mahoney (67A) Steve Trimble (67B) Alt. Lauderdale Middle St Croix River WMO Box 302 Lakeland, MN 55043 (651) 436 -8953 West Lakeland Township St. Mary's Point (56) Gary Laidig Peg Larsen (56B) Oak Park Heights (56) Gary Laidig Mark Holsten (56A) Bayport (56) Gary Laidig Mark Holsten (56A) Bayport Township Lakeland (56) Gary Laidig Peg Larsen (56B) Afton (56) Gary Laidig Peg Larsen (56B) Lakeland Shores (56) Gary Laidig Peg Larsen (56B) St. Croix Beach Stillwater (56) Gary Laidig Mark Holsten (56A) North Cannon River WMO 29084 Danel Avenue Randolph, MN 55065 (507) 263 -3103 Randolph (37) Pat Pariseau Dennis Ozment (37A) Sciota Township Waterford Township Douglas Township Pioneer -Sarah Creek WMO 3001 Harbor Lane, Suite 160 JJC- 170796 SH220 -1 Plymouth, MN 55447 (612) 553 -1144 (612) 553 -9326 (Fax) Greenfield (34) Gen Olson Steve Smith (34A) Medina (34) Gen Olson Henry Van Dellen (34B) Watertown Township Independence (34) Gen Olson Steve Smith (34A) Maple Plain (34) Gen Olson Henry Van Dellen (34B) Minnetrista (34) Gen Olson Steve Smith (34A) Loretto (34) Gen Olson Henry Van Dellen (34B) Minnetonka (43) Ed Oliver Tom Workman (43A) Barb Sykora (43B) (44) Steve Kelley Betty Folliard (44A) Corcoran (33) Warren Limmer Arlon Lindner (33A) Richfield- Bloomington WMO 2215 West Old Shakopee Road Bloomington, MN 55431 ATTN: Jim Gates (612) 948 -8730 • (612) 049 -3868 Richfield (40) Dave Johnson Dan Larson (40A) (63) Jane Ranum Mark Gleason (63B) Bloomington (40) Dave Johnson Dan Larson (40A) Ann Lenczewski (40B) (41) Bill Belanger Alice Seagren (41A) Ken Wolf (41B) Shingle Creek WMO 3001 Harbor Lane, Suite 150 Plymouth, MN 55447 (612) 553 -1144 Plymouth (33) Warren Limmer Rich Stanek (33B) (34) Gen Olson Henry VanDellen (34B) (45) Martha Robertson Ron Abrams (45A) Peggy Leppik (45B) Maple Grove (33) Warren Limmer Arlon Lindner (33A) Rich Stanek (3313) • Minneapolis (58) Linda Higgins Joe Mullery (58A) Gregory Gray (58B) JJC- 170796 SH220 -1 • (59) Larry Pogemiller Len Biernat (59A) Phyllis Kahn (59B) (60) Allan Spear Margaret Anderson Kelliher (60A) Myron Orgield (60B) (6 1) Linda Berglin Karen Clark (61A) Linda Wejcman (61B) (62) Carol Flynn Lee Greenfield (62A) Wes Skoglund (62B) (63) Jane Ranum Jean Wagenius (63A) Mark Gleason (63B) Brooklyn Center (46) Ember Reichgott Junge Lyndon Arlson (46B) (47) Linda Scheid Phil Carruthers (47B) Brooklyn Park (47) Linda Scheid Darlene Luther (47A) Phil Carruthers (47B) (48) Don Betzold Bill Haas (48A) Crystal (46) Ember Reichgott Junge4 Ann Rest (46A) Lyndon Carlson (46B) New Hope (46) Ember Reichgott Junge Ann Rest (46A) Osseo (48) Don Betzold Bill Haas (48A) Robbinsdale (46) Ember Reichgott Junge Lyndon Carlson (46B) Six Cities WMO 6431 University Avenue NE Fridley, MN 55432 (612) 572 -3550 (612) 571 -1287 (e -mail: florai@cl.fridlev.mn.us) Fridley (48) Don Betzold Alice Johnson (48B) (52) Steve Novak Satveer Chaudhary (52A) Coon Rapids (48) Don Betzold Alice Johnson (48B) (49) Leo Foley Jim Abeler (49A) Luanne Koskinen (49B) Blaine (48) Don Betzold Alice Johnson (48B) (50) Paula Hanson Kathy Tingelstad (50B) (5 1) Jane Krentz Andy Westerberg (51A) (53) Line Runbeck Phil Krinkie (53A) (52) Steve Novak Satveer Chaudhary (52A) Inver Grove Heights (39) James Metzen Thomas Pugh (39A) Bob Milbert (39B) Hilltop (52) Steve Novak Satveer Chaudhary (52A) 41 Spring Lake Park (48) Don Betzold Alice Johnson (48B) JJC- 170796 SH220 -1 • Sunrise River WMO 2241— 221` Avenue Cedar, MN 55011 (651) 434 -9569 Linwood Township East Bethel (50) Paula Hanson Tom Hackbarth (50A) Columbus Township i JJC- 170796 SH220 -1 • Upper Rum River WMO 19900 Nightingale Street Cedar, MN 55011 (612) 753 -1920 Oak Grove . (50) Paula Hanson Tom Hackbarth (50A) Ham Lake (50) Paula Hanson Tom Hackbarth (50A) Kathy Tingelstad (50B) East Bethel (50) Paula Hanson Tom Hackbarth (50A) Anoka (49) Leo Foley Jim Abeler (49A) BurnsTownship St. Francis (50) Paula Hanson Tom Hackbarth (50A) Vadnais Lake Area WMO 4701 Highway 61 White Bear Lake, MN 55110 (651) 429 -8522 North Oaks (53) Linda Runbeck Sherry Broecker (53B) White Bear Lake (53) Linda Runbeck Sherry Broecker (53B) • (55) Charles Wiger Harry Mares White Bear Town Vadnais Heights (53) Linda Runbeck Sherry Broecker (53B) St. Paul Water Utility Lino Lakes (5 1) Jane Krentz Ray Vandeveer (51B) Gem Lake (53) Linda Runbeck Sherry Broecker (53B) Vermillion River WMO c/o Dakota SWCD 4100 — 220 Street West Farmington, MN 55024 (651) 480 -7784 (651) 480 -7775 Apple Valley (36) Dave Knutson Chris Gerlach (36A) (38) Deanna Wiener Tim Pawlenty (38B) Empire Township Rosemount (37) Pat Pariseau Dennis Ozment (37A) Vermillion Township New Market Township Vermillion (37) Pat Pariseau Dennis Ozment (37A) t New MarketLakeville (37) Pat Pariseau Mary Liz Holberg (37B) (36) Dave Knutson Chris Gerlach (36A) JJC- 170796 SH220 -1 • Hastings (29) Steve Murphy Jerry Dempsey (29A) (56) Gary Laidig Peg Larsen (56B) West Mississippi WM O 3001 Harbor Lane, Suite 150 Plymouth, MN 55447 (612) 553 -1144 (612) 553 -9326 (Fax) Maple Grove (33) Warren Limmer Arlon Lindner (33A) Rich Stanek (33B) Champlin (33) Warren Limmer Arlon Lindner (33A) (48) Don Betzold Bill Haas (48A) Osseo (48) Don Betzold Bill Haas (48A) Brooklyn Center (46) Ember Reichgott Junge Lyndon Arlson (46B) (47) Linda Scheid Phil Carruthers (47B) Brooklyn Park (47) Linda Scheid Darlene Luther (47A) Phil Carruthers (47B) (48) Don Betzold Bill Haas (48A) • JJC- 170796 SH220 -1 City Council Agenda Item No. 8i Office of the City Manager 0 31 City of Brooklyn Center A great place to start. A great place to stay. Michael J. McCauley City Manager MEMORANDUM TO: Mayor Kragness, Councilmembers Hilstrom, Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: January 7, 2000 SUBJECT: Council Agenda Item No. 8i - Brooklyn Center School District Temporary Classrooms Attached please find revised materials for Council Agenda Item No. 8i relating to Brooklyn Center School District temporary classrooms. 0 Attachment • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • AGREEMENT This Agreement, made this day of . 2000, by and between the City of Brooklyn Center and Independent School District No. 286. . WITNESSETH: WHEREAS, Independent School District No. 286 (hereinafter "District ") is the owner and operator of the Earle Brown Elementary School (hereinafter "School ") in the City of Brooklyn Center; and WHEREAS, because of unanticipated increases in enrollment and/or educational needs of students in the District, the School is not adequate for the number of students who must be accommodated; and WHEREAS, the District has made a commitment to seek funding to construct a permanent addition to the School that will meet the projected needs of the District for classroom space; and WHEREAS, the District nevertheless wishes to construct a temporary classroom structure adjacent to the School to accommodate the increased needs of students on a temporary basis; and • WHEREAS, the zoning ordinances of the City do not allow construction or use of a building of the type proposed, either on a temporary or a permanent basis; and WHEREAS, the District has requested the amendment of the City's zoning ordinances to allow for temporary classrooms as interim uses in R -1 zoning districts, and the City is willing to give full and fair consideration to such amendment of its zoning code; and WHEREAS, due to an immediate and pressing need for classroom space, the District wishes to commence construction of the temporary classroom space at its own risk prior to the effective date of any such ordinance amendment; and WHEREAS, the City has evaluated the plans of the proposed temporary classrooms and has concluded that commencement of construction and use of temporary classrooms on the terms and conditions hereinafter set forth do not represent a threat to the public health, safety or welfare. NOW, THEREFORE, on the basis of the premises and the mutual covenants and agreements hereinafter set forth, the parties agree as follows: 1. The City will issue building permits and allow construction of the temporary classroom project, and the occupancy thereof, in conformance with the plans therefor attached hereto as Attachment One and hereby made a part hereof. Construction of the temporary classroom shall be subject to review and approval of the Building Official and shall include secure skirting around the perimeter of the structure. CLL- 173810v1 1 BR291 -16 2. The District understands and agrees that commencement of construction and occupancy of the classrooms is at its own risk and that the City does not, and cannot, have any legal obligation to amend its zoning code to accommodate the construction of the temporary classroom facilities. 3. The City will in good faith consider an amendment of its zoning code which would allow temporary classrooms in R -1 zones of the City as an interim use in accordance with Minnesota Statutes Section 462.3597. 4. If the City adopts such an ordinance, the District will apply for any required permits pursuant to such ordinance and comply with the terms of any conditions imposed by the City in connection with approval of such permit. 5. If the City does not adopt an ordinance permitting such temporary classrooms, or does not approve the use proposed by the District in accordance with any amendments to its ordinances, by April 30, 2000, the District will remove its temporary buildings no later than August 31, 2000, all at its own expense, and the City shall have no liability or responsibility for the failure to adopt an ordinance permitting temporary classrooms or for failure to permit construction of such temporary classrooms by the District. 6. Any amendment to this Agreement will be subject to prior review and comment by the City's Planning Commission. 7. The term of this Agreement shall be four years, with an extension of three years subject to the review of the City Council and its determination of the suitability of an extension. CITY OF BROOKLYN CENTER INDEPENDENT SCHOOL DISTRICT NO. 286 By B Its Mayor Its And And Its Manager Its CLL- 173810v1 2 BR291 -16 . CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of February, 2000, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Section 3 5-3 10 of the City's zoning code regarding the construction of temporary classrooms in R -1 districts. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 35 -310 OF THE BROOKLYN CENTER CODE OF ORDINANCES, DESIGNATING TEMPORARY CLASSROOMS AS INTERIM USES IN R -1 DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35 -310 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding the following: • 3. Interim Uses a. Temnorary classroom buildings as an accessory use to a public or private elementary or secondary school offering a regular course of study accredited by the Minnesota Department of Children. Families and Learning. subiect to the following procedures and conditions: 1. Interim use permits will be issued in accordance with the procedures and subiect to the conditions stated in Section 35 -220. 2. At the time of granting such a permit the council shall specify a date or event that can be identified with certainty by which the interim use must be terminated. In anv event. however. such interim use shall not continue beyond anv date when the council. or anv other governmental body having the power of eminent domain. adopts a resolution approving aca_uisition of the property by eminent domain_ or the zoning of the nronerty is changed to anv classification. ender which the interim use is no longer permitted. • 3 The council may impose anv conditions on such interim use which it deems necessary or expedient to protect the public health. safety or welfare or to assure that permission for the interim use will not impose additional costs on the public if it is • ORDINANCE NO. necessary or expedient to take the property in the future. No such permit shall be issued unless the applicant first agrees in writing to the imposition of any such conditions. 4. In addition to anv other conditions which mav be imp_ osed bv_ the council. the following restrictions shall anply: PA. Applicable lot standards and sign regulations shall be observed. bb. A landscape and parkins plan for the property be submitted and approved by the council. cc. Unless approved by the council pursuant to this section and section 35 -220. no new buildings mav be erected on the property and no existing buildings mav expanded while the interim use continues. • dd. Temporary classrooms mav be used for classrooms only and mav not be used for storage or converted to another use. ee. The total sauare footage of temporary classrooms on anv_ one site shall not exceed 2000 sauare feet. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of .2000. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 8j Office of the City Manager City o f Brooklyn Center A great place to start. A great place to stay. o Michael I McCauley City Manager MEMORANDUM TO: Mayor Kragness, Councilmembers Hilstrom, Lasman, son, and Peppe FROM: Michael J. McCauley, City Manag DATE: January 6, 2000 SUBJECT: Draft Process for Reviewing Legal Firms Due to illness last week, I was not able to ut together materials for our review regarding the legal services P g Y g g g interview process. I will have materials prepared for your review at the January 24, 2000, meeting. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action I Equal Opportunities Employer City Council Agenda Item No. 8k Office of the City Manager City o f Brooklyn Center • A great place to start. A great place to stay. Michael I McCauley City Manager MEMORANDUM TO: Mayor Kragness, Councilmembers H' trom, man, Nelson, and Peppe FROM: Michael J. McCauley, City Manage DATE: January 6, 2000 SUBJECT: Housing Commission Recommendation Enclosed are materials from the Housing Commission regarding their review of occupancy limits. The Housing Commission has recommended to the City Council that the occupancy provisions should not be amended at this time. I am also enclosing a copy of information from the City Attorney regarding court decisions regarding occupancy limits and the definition of the term "family." Attachments • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Afrmative Action /Equal Opportunities Employer 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 Graven (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E D http: / /wwwkennedy- gmven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevem@kennedy- gmven.com October 22, 1999 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 RE: Restrictions on Single Family Residential Use of Property Dear Mike: Some time ago I provided to you some background information about court cases dealing with municipal restrictions on the use of single family residential dwellings. You have asked for a follow -up memorandum briefly summarizing the case law relating to this issue. Ordinances which are intended to restrict single family residential use to uses which are essentially bona fide family living units seem, most often, to take the form of a definition of family or restriction on the number of unrelated persons who may live together in a single family residence. The Brooklyn Center City Code defines family as any of the following conditions: Familv — Any of the following definitions shall apply:- 1. A person or persons related by blood, marriage or adoption, together with his or their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit. 2. Group or foster care of not more than six wards or clients by an authorized person or persons, related by blood, marriage, or adoption, together with his or their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency. • CLL- 170518 BR291 -4 Mr. Michael McCauley October 20, 1999 • Page 2 of 4 3. A group of not more than five persons not - related by blood, marriage, or adoption maintaining a common household in a dwelling unit. A number of courts have upheld restrictions on the number of unrelated persons who may live together in a single - family residential dwelling. Therefore, I would expect that the City would be successful in defending the restrictions in its code. As indicated below, the City might be successful in imposing further restrictions on the definition of family, although the absence of Minnesota court decisions makes it difficult to define the limits of the City's power with much precision. The leading federal cases on this subject are Village of Belle Terre v. Borass, (1974) 416 U.S. 1, 94 S.Ct. 1536, and Moore v. Citv of East Cleveland. Ohio, (1977) 431 U.S. 494, 97 S.Ct. 1932. In the Belle Terre case, the United States Supreme Court considered the constitutionality of a New York Village ordinance which restricted land use to one - family dwellings, defining the word "family" to mean "one or more persons related by blood, adoption, or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons but not. exceeding two (2) living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage... ". The ordinance was challenged on several grounds including allegations that it interfered with a person's right to travel and right to migrate • and settle within a state, that it barred people not related to present residents, that it expressed a social preference of residents for groups that would be congenial to them, that social homogeneity is not a legitimate interest of government, that the restriction of those whom the neighbors do not like interferes with a newcomer's rights of privacy, that the government has no proper concern whether people are married or unmarried, and that the ordinance was generally antithetical to the nation's experience, ideology, and self - perception as an open, egalitarian, and integrated society. However, the court found that the ordinance had a legitimate public purpose and was a constitutionally permissible exercise of the police power. The court noted that uses such as boardin g fraternity houses, fraterni houses and the like prevent urban problems such as more people occupying a given space, more traffic, more parked cars, and more noise. The court acknowledged the right of the city to attempt to preserve a quiet place where yards are wide, people few, and motor vehicles restricted, and that the police power includes the power "...to lay out zones where family values, youth values, and the blessings of quiet seclusion and clean air make the area a sanctuary for people." However, three years later, in Moore v. East Cleveland su ra , the United States Supreme Court struck down an ordinance which limited occupancy of a dwelling to members of a single family and recognized as a family only a few categories of related individuals. The court was presented with a situation, which was not permitted by the ordinance, in which a homeowner lived with her a son and grandson plus a second grandson who was a cousin of the first grandson. The court held that such a restriction violated due process of law. The court stated that "when the government intrudes on choices concerning family living arrangements, the usual deference to the legislature is inappropriate; and the court must examine carefully the importance of the governmental interests advanced and the extent to which they are served by the challenged regulation." In the case of the East Cleveland ordinance, the court CLL•170518 BR291 -4 Mr. Michael McCauley October 20, 1999 Page 3 of 4 found that it had "at best...a tenuous relationship to the objectives cited by the city: avoiding over crowding, traffic congestion, and an undue financial burden on the school system." - On the basis of these cases, it appears that the authority of a council to regulate living arrangements in single family residential zones is not without limits but that it is at least permissible under the federal constitution to restrict uses to families related by blood, marriage or adoption while allowing at least two unrelated persons to live together. However, these kinds of restrictions may also be challenged as violating state constitutional provisions. The body of law throughout the states in cases involving challenges to regulations restricting the use of single family residential property is essentially a shambles. Cases can be found in other states upholding ordinances which are quite restrictive, as well as cases striking down ordinances, which are relatively permissive. See e.g., 12 A.L.R. 4' 238. Support can be found for nearly any argument one may which to make in challenging or defending such an ordinance. Courts in other states have allowed ordinances which restrict the number of unrelated persons in single family districts to four (Delaware and Georgia), five (Missouri and New York), six (Michigan), two(Missouri) and three ew York). At the same time other cases can be found holding � ) g ordinances to be unconstitutional which limit the number of unrelated persons to five (California), two (Michigan and Pennsylvania), and four (New Jersey and New York). • The courts in Minnesota have not addressed this issue. When they do, these will be ample authority on which to draw from the law of other states to strike down such an ordinance if it is deemed to be unduly restrictive by the court. It seems very likely that Minnesota will uphold the rights of the city to impose restrictions on the use of single- family residential properties if such regulations are reasonable. The Supreme Courts of two nearby states have recently considered this issue. In the 1996 case of Brookings v. Winker, (S.D. 1996) 554 N.W.2d 827, the South Dakota Supreme Court upheld a city ordinance against arguments that it violated the state constitutional guarantees of due process and equal protection. The definition of family in that case was as follows: An individual or two or more persons related by blood or law occupying a dwelling unit and living as a single household entity or two or more persons related by blood or law occupying a dwelling unit and living as a single household entity together with the number of unrelated adults so that the family contains no more than three adults who are unrelated by blood or law or not more than three unrelated adults occupying a dwelling unit and living as a single household entity. In addition to the persons actually related by blood or law, the following persons shall be considered related by blood or law for purposes of this ordinance: (a) persons residing with the family for the purpose of adoption; CLL- 170518 BR291 -4 Mr. Michael McCauley October 20, 1999 • Page 4 of 4 (b) not more than six persons under 18 years of age residing in a foster home licensed or approved by a governmental agency; (c) not more than four persons 19 years of age or older residing with the family for the purpose of receiving foster care which is licensed or approved by a governmental agency; (d) persons living with a family at the direction of a court. In the case of Nebraska v. Chamnoux (Neb. 1997) 566 N.W.2d 763, the Nebraska Supreme Court upheld a local ordinance which defined a family as "one or more persons immediately related by blood, marriage or adoption and living as a single housekeeping unit ... A family may include, in addition, not more than two persons who are unrelated..." We have collected portions of relevant ordinances from a few local cities, copies of which are attached. You will see that, in each of these examples, the cities allow a certain number of unrelated persons to live in single family residential zones. Up to three unrelated persons are allowed, for example, in Crystal and Richfield, while up to four unrelated persons are allowed in Maple Grove Brooklyn p Blaine, B o klyn Park, and Robbinsdale. • Please let me know if you have any further questions. Very truly yours, Charles L. LeFevere CLL:Ih • CLL- 170518 BR291 -4 • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist DATE: January 6, 2000 SUBJECT: Housing Commission Recommendation Relative to Occupancy Limits Pursuant to City Council Goal No. 5 in Council Resolution 98 -186 "survey current practices in other cities on occupancy limits and coordinate that review with Housing Commission ", the Brooklyn Center Housing Advisory Commission reviewed the issue of occupancy limits relative to the existing g rY P Y g City ordinance requirements set forth in the Building Maintenance and Occupancy Ordinance (Chapter 12). The Housing Commission also surveyed and compared Brooklyn Center's provisions with occupancy provisions from other cities. The Housing Commission reviewed occupancy ordinance provisions from the following cities and organizations: e . City of Brooklyn. Park City of Crystal City of Maple Grove City of Plymouth City of Robbinsdale City of New Hope 1997 Uniform Building Code It should be noted most of the ordinances from other cities were similar to Brooklyn Center's ordinance relative to occupancy limits. Copies of ordinance provisions from the cities listed above are included with this memorandum. At the November 16, 1999 Housing Commission meeting , the Housing Commission approved a motion recommending that the existing occupancy ordinance provisions should not be amended and an additional motion that any concerns relative to occupancy limits should be addressed through the existing ordinance was also approved. A copy of the November 16, 1999 Housing Commission minutes is included with this memorandum. e City of Brooklyn Park Section 319:50 Subd. 8 Subd. S. Facilities to Function,. All equipment or utilities required under city ordinances and every chimney and flue shall function effectively..in a safe and working condition. Subd. 9. Grading and nreinaag. Every yard, court, or passageway on the premises on which a .dwelling stands shall be graded and drained so as to be free of standing water that constitutes a detriment to health and safety. Subd. 10. Yard Cover. Every yard of a premise on which a dwelling stands shall be maintained to prevent dust and erosion. j Section 319:55. Maximum Density. Minimum Snppe. For Rental UnI2. No person shall permit or let to be occupied any rental dwelling for the purpose of living therein which does not comply with the following requirements: YSubd.,- 1 --Rermiss ihl��Occu�a °v- •�o�°Dw"e�ii inaRUrfiit. The _maximum permissible occupancy of any rental dwelling unit shall be determined as follows: a. For the first occupant, 150 square feet of habitable room floor space and • for every additional occupant thereof, at least 100 square feet of habitable room floor space. b. In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. Subd. 2. One Famiiv Per Dweliino Unit. Not more than one family, except for temporary guests, shall occupy a dwelling unit. Fnfgrne ctinn A��thority, The City Manager and his Section 319:60. ment and Inpe d enforce the designated agents shall be the Compliance Official who shall administer an provisions of this ordinance when reason exists to believe that a violation of this ordinance has been or is being committed. Inspections shall be conducted during reasonable hours and the Compliance Official shall present evidence of his official capacity to the owner or occupant in charge of a dwelling unit. Section 319:65: Inso egtign AcceU. If any owner, occupant, or other person in charge of a dwelling, dwelling unit, rooming unit, or e his contgrol fa il s o any .part thereof, with access and entry. to the structure or p remises unde respect to which an inspection authorized by this ordinance is sought to be made, the Compliance Official may, upon a showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling unit, rooming unit, or muftiple dwelling, petition and obtain such order from a court of competent jurisdiction. Sections 319:55, 319:60 and 319:65 added by Ordinance #1 983-422(A) l -. - , L.. A_.1: -www- N1 cal -WWAI 50t -503 UNIFORM HOUSING CODE 1988 EDITION 503-St14 N Chill ter5 i °o p thirds the area thereof, but i n no case shall the height of the furred ceiling be less SPACE AND OCCUPANCY STANDARDS than? feet. (b) Floor Area. Every dwelling unit shall have at Ieast one room which shall Location On Property have not less than. 120 square feet of floor area. Other habitable rooms, except Sec. 501. All buildings shall be located with respect to property lines and to g P P Pe Y kitchens, shall have an area of not less than 70 square feet. Where more than two otherbuildings on Uressme property as required by Section 5D4 and Part IV of the persons occupy aroom used forsleeping purposes, the required floor area shall be - Building Code. increased at the rate of 50 square feet foreach occupant in excess of two. Yards and Courts ; EXCEFrION: Nothing in this section shall prohibit the use of an efficiency living unit within an apartment house meeltng the following requirements: Sec. 502. (a) Scope. This section shall apply to yards and courts having 1. 'fhaunll shall have a living room of not less than 220 square feet ofsuperficial i required windows openings therein. floor area. An additional 100 square feet of superficiti floor area shall be provided t (b) Yawls. Every yard shall be not less than 3 feel in width for one - story and t for each occupant of such unit excess of two. two -story buildings. For buildings more than two stories in height the minimum 2. The unit shall be provided with a separate closet. I width of the yard shall be increased at the rate of 1 foot for each additional story. 3. The unit shall be provided with a kitchen sink, cooking appliance and tefriger. t Where yards completely surround the building, the required width may be re- &don facilities, each having a clear working space ofnol less than 301ochesinfroal. duced by I foot. For buildings exceeding 14 stories in height, the required width Light and ventitationeonfonning to this code shall be provided. 4. The unit shall be rovidedwithase alehalhreomconlAni of yard shall be computed on the basis of 14 stories. p i� "g awaterctoset, (c) Courts. Every court shall be not less than 3 feel in width. Courts having lavatory and bathtub orshower. (c) Width. No habitable room other than a kitchen shall be Tess than 7 feet in I windows opening on opposite sides shall be not less than 6 feet in width. Courts ydimension. H boundedon thmeor moresides by (he wallsofthebuildingshall be not less then 10 Fsachwalerclosetstoolshallbelocatedinaclearspaceno [lesslhan30inchesin ' feet in length unless bounded on one end by a public way or yard. For buildings width and a clearspace in front of the water closet stool of not less than 24 inches' Cn more than two stories in height the court shall be increased I foot in width and 2 shall be nrovidrd. i U feet in length for each additional story. For buildings exceeding 14 stories in Light and YenUlatlon ` w height, the required dimensions shall be computed on the basis of 14 stories. 9 Adequate access shall be provided to the bottom of all courts for cleaning Sec. 504. (a) Natural Light nod Ventilation. All guest rooms, dormitories ' purposes. Every court more than two stories in height shall be provided with a and habitable rooms within a dwelling unit shall be provided with natural light by t ; r _ > horizontal air intake at the bottom not less than 10 square Feet in area and leading means of extetiorglazed openings with an area not less than one tenth of the floor I c� area ofsuch moms with a minimum of 10 square feet. All bathrooms, water closet !o the exterior of the building unless abutting a yard or public way. The construe- lion of the air intake shall be as required for the court walls of the building, but in compartments, laundry rooms and similar rooms shall be provided with natural Do case shall be less than one -hour fire- resistive. ventilation by means ofopenableexterior openings with an area not less than one- i twentieth of the floor area of such rooms with a minimum of I r/a square feet. Room Dimensions All guest rooms, dormitories and habitable moms within a dwelling unit shall cc Sec. 503. (a) Ceiling Heights. Habitable space shall have a ceiling height of be provided with natural ventilation by means of openable exterior openings with o. not less than 7 feet 6 Inches except as otherwise permitted in this section. an area of nol less than one - twentieth of the floor area of such rooms with a -i Kitchens, halls, bathrooms and toilet comparimenls may have a ceiling height of minimum of 5 square feet. . not less than 7 feet measured to the lowest projection from the ceiling. Where (b) Origin of Light and Ventilation. Required exterior openings for natural exposed beam ceiling members are spaced atless than 48 inches on center, ceiling light and ventilation shall open directly onto a street orpublic alley or a yard or ev height shall be measured to the bottom of these members. Where exposed beam court located on the same lot as the building. a ceiling members are spaced at 48 inches or more on center, ceiling height shall be co EXCEPTION: Required windows may open Into a roofed porch where the measured to the bottom ofthedeck supported by these members, provided that the porch: bottom of the members is not less than 7 feel above the floor. I. Abuts a street, yard, or court; and If any room in a building as a sloping ceilin , the prescribed ceiling height for g p g g p g Bh 2. Has a ceiling height of not less than 7 feel; and tt ,' the room is required in only one -half the area thereof. No portion of the room 3. Has the longer aide at least 63 percent open and unobstructed. i 4,; measuring less than 5 feet from the finished floor to the [finished ceiling shall be A required window in a service room may open into a vent shaft which is open i � 4 included in any computation of the minimum area thereof. and unobstructed to the sky and not less than 4 feet in least dimension. No vent if anyroom hasa furred tailing, theprescribed ceiling height. is required in two- shaft shall extend through more than two stories. r s . �,;: 14 16 504.595 UNIFORM HOUSING CODE 1989 EDITION Soy ° in which a water closet is located shall be separated from food preparation or For the purpose of determining light and ventilation requirements, any room storage rooms by a tight- fitting door may be considered as a portion of an adjoining room when one half of the area of (g) Installation and the common wall is'open and unobstructed and provides an opening of not less iVfalnienanee. All.sanitary facilities shalt be installed and than one tenth ofthefloorawaofthe Interior roomor2Ssquarefeet , whichever is maintained in safe and sanitary condition and in accordance with applicable greater d requirements of the Plumbing Code. (c) Mechanical Ventilation. In [ieu of required exterior openings for natural ventilation, a mechanical ventilation system may be provided. Such system shall be capable of providing two airchanges per hour in all guest rooms, dormitories, ; habilablerooms and in public corridors. One fifth of the air supply shall be taken from the outside. In bathrooms containing a bathtub or shower or combination , thereof, laundry rooms, and similar rooms, a mechanical ventilation system ! i connected directly to the outside capable of providing five air changes per hour shall be. provided. Thepointof discharge ofexhaust air shall be at least S feet from ! any mechanical ventilating intake. Bathrooms which contain only a water closet i or lavatory or combination thereof, and similar rooms may be ventilated with an approved mechanical recirculating fan or similardevice designed to remove odors from the air. (d) Hallways. All public hallways, stairs and other exilways shall be ade- quately lighted at all tunes in accordance with Section 3312 (a) of the Building E., Code. - -- -- -_ - y Sanitation See. SOS. (a) Dwelling Units and Lodging Houses. Every dwelling unit and w every lodging house shall be provided with a bathroom equipped with facilities " 0 consisting of a water closet, lavatory, and either a bathtub or shover. !; • (b) Hotels. Where private water closets, lavatories and baths are not provided, ; U there shall be provided on each -floor for each sex at least one water closet and lavatory and one bath accessible from a public hallway. Additional water closets, lavatories and baths shall be provided on each floor for each sex at the rate of one foravery additional ten guests, or fractional number thereof in excess of ten. Such facilities shall be clearly marked for "Men" or "Women." (c) Kitchen. Each dwelling unit shall be provided with a kitchen. Every kitchen I shall be provided with a kitchen sink. Wooden sinks or sinks ofsimilarly absorb- .., ent material shall not be permitted. . (d) it'Utures. All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system. All plumbing fixtures shall be ; connected to an approved system of water supply and provided with hot and cold 14 running water necessary for its normal operation. All plumbing fixtures shall be of an approved glazed eartheoware type or of a similarly nonabsorbent material. N (e) Water Closet Compartments. Walls and floors of water closet comport - ! ments, except in dwellings, shall be finished In accordance with Section 511 of the Building Code. ! (f) Room Separations. Every water closet, bathtub or shower requ by this a , codathall, be installed in aroom which will afford privacy to theoccupetaL Aroom 0 16 17 11/04/99 13:11 FAX 612 531 1188 CITY OF CRYSTAL Q001 City of Crystal 4141 Douglas Drive North crry Crystal, NAT 55422 (612) 531 -1000 ADMIMSTRATIVE OFFICE FAX COVER SHEET DATE: November 4, 1999 TO: Tom Bublitz AT.FAX # 569 -3494 FROM KAREN O'DONNELL SUBJECT: Occupancy Standards PAGES: INCLUDING COVER SHEET If you have any questions and/or concerns, please call (612) 531 -1000. Our fax number is (612) 531 -1188. Thank you! FROM :CITY OF MAPLE GROVE C &ED 612 494 6425 1999,11 -04 09:30 452S P.02/05 � CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS SECTION 401 SECTION 403 GENERAL VENTILATION 401.1 Scope. The provisions of this chapter shall govem the 403.1 Habitable spaces. Every habitable space shall have at minimum conditions and standards for light, ventilation and least one openable window. The total operable area of the space for occupying a structure. window in every room shall be equal to at least 45 percent of 401.2 Responsibility. The owner of the structure shall provide the minimum glazed area required in Section 402.1. Exception ton: and maintain tight, ventilation and space conditions in compy- p Where rooms and spaces without openings to ante with these requirements. A person shall not occupy as the outdoors are ventilated through an adjoining room, the owner-occupant orpermicanothcrpersoa to occupy, any Preen_ unobstructed opening to the adjoining nwm shall be at least a ices that do not comply with the requirements of this chapter. 8 percent of the floor area of the interior room or space, but l 401 -3 Alternative deviceL In lieu of the means for natural light. not less than 25 square feet (2.33 MI). The ventilation and ventilation herein p artificial light or mechanical opeaiags to the outdoors shall be based on a total floor area ventilation complying with the building code shall be permit. being ventilated. led. 403.2 Bathrooms and toilet rooms. Every bathroom and toilet z room shall comply with the ventilation requirements o babit able spaces as required by Section 403.1. except that a window z shall not be required in such spaces equipped with a mechanical SECTION 402 ventilation system. Air exhausted by a mechanical ventilation 3 LIGHT system from a bathroom or toilet room shall discharge to the $ • 402.1 Habitable spaces. Every habitable space shall have at outdoors and shall not be recirculated ° - least one window of approved size facing directly to the out_ 4033 Cooking facilities. Unless approved through the certifi- doors or to a court. The minimum total glazed area for every cafe of occupancy, cooking shall not be permitted in any room - habitable space shall be 8 percent of the floor area of such room. ing unit or dormitory unit, and acooking facility or appliance Wherever walls or other portions of a structure face a window shall not be permitted to be present in a rooming unit or Of,any room and such obstructions are located less than 3 feet dormitory unit. (914 tam) from the window and extend to a level above that of I be ceiling of the room, such window shall not be deemed to Exception: Where specifically approved in writing by the y face directly to the outdoors nor to a court and shall not be Code official included as contributing to the required minimum total window 403.4 Process ventilation. Where injurious, toxic, irritating or area for the room. noxious fumes, gases, dusts or mists are generated, a local Exception: Where natural light for moms ors aces without exhaust ventilation system shall be provided to remove the exterior glazing are p conta a g ent the source. it s b g as is vi 8 tU A hall be exha o th Provided through an ad'oinin h d t e room g exterior m, the unobstructed opening to the adjoining room shall and not be recirculated to any space. be at least 8 percent of the floor area of the interior room or 403.5 Clothes dryer exhaust Clothes dryer venting systems space, but not less than 25 square feet (2.33 m=). The exterior shat I be independent of all other systems and shall be vented in glazing area shall be based on the total floor area being accordance with the manufacturer's instructions. served. 402.2 Common halls and stairways. Every common hall and stairway, other than in one - and two - family dwellings, shall be SECTION 4 lighted ac all times with at least 60-watt standard incandescent OCCUPANCY LIMITATIONS light bulb or equivalent forcach 200 square feet (19 m=) of floor 404.1 Privacy. Dwelling units, hotel units, rooming units and area, provided that the spacing between lights shall not be dormitory units shalt be arranged to provide privacy and be greater than 30 feet (9144 mm). Every exterior means of egress Separate from other adjoining spaces. stairway, other than in one- and two - family dwellings. shall be 404.2 Minimum room widths. A habitable room. other than a illuminated wi a minimum of l footcandle (I I tux) at Floors, landings and treads. kitchen, shalt not be less than 7 feet (2t34 mm) in any plan 402.3 Other spaces. All ocher spaces shall be provided with dimension. Kitchens shall have a clear passageway of not less • than 3 feet (914 mm) between countertronts and appliances or natural or artificial light sufficient to permit the maintenance of counterfronts and walls. sanitary conditions. and the safe occupancy of the space and 404.3 Minimum ceiling heights. Habitable spaces, hallways, utilization of the appliances, equipment and fixtures. corridors, laundry areas, bathrooms, toilet rooms and habitable 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE 13 FROM :CITY OF MAPLE GROVE C &ED 612 494 6425 1999.11 -04 09:31 #S2S P.03 /0S 404.4 - 404.7 basement areue xhall have a clef r ceiling height of not less Chart TABLE 404.5 7 feet (213 -1 mm). MINIMUM AREA REQUIREMENTS Exceptions I MINIMUM AREA IN SQUARE 1. In ant- and two - family dwelli I dwellings, beams or girders SPACE a or more 1- tocoupen�, I - Soccupants occupants Spaced not less than 4 feet (1219 mm) on center and Living room' No requirements 120 I50 projecting not more than 6 inches (152 mm) below the Dining room' -b No requirements g0 [DO required ceiling height. Kitchen° 50 50 60 2. Basement rooms in one- and two- family dwellings Bedrooms Shall comply with Section 404.4 occupied exclusively for laundry, study or recreation Forst: t square foot =o.o93 m' - -. Purposes, having a c eiling height of not less than 6 feet ' Sec Section 404.5.2 for combined living room/dining room spaces. 8 inches (2033 mm) with not less than 6 feet 4 inches b sec Sccdon x.5.1 for limitations on determining the minimum occupancy (1932 nun) of clear height under beams, girders. ducts =2 for sleeping purposcs and similar obstructions. 3. Rooms occupied exclusively for sleeping stud 404.5.1 Sleeping area. The minimum occupancy area re- y or quired by Table 404.5 shall not be included as a sleeping area similar purposes and having a sloped eil n over all in determining the minimum occupancy area for sleeping or part of the room, with a clear ceiling height of at purposes. All sleeping areas shall comply with Section least 7 feet (2134 mm) over not less than one - third of 404.4. the required minimum floor area. In calculating the 404.5.2 Combined spaces. Combined living room and dig floor area of such rooms, only chose portions of the ing room spaces shall with the requirements of Table floor area with a clear ceiling height of 5 feet (1524 404.5 if the total area is equal to that required for separate mm) or more shall be included, rooms and if the space is located so as to function as a 404A Bedroom requirements. Every bedroom shall comply combination living room/dining room. With the requirements of Sections 404.4.1 through 404.4.5. 404.6 Efficiency unit. Nothing in this section shall prohibit an 404.4.1 Area for sleeping purposes. Every bedroom occu- efficiency living unit from meeting the following requirements: pied by one person shall contain at least 70 square feet (6.5 1. A unit occupied by not more than two occupants shall M of floor area, and every bedroom occupied by more than have a clear floor area of not less than 220 square feet one person shall contain at least 50 square feet (4.6 m of (20.4 m A unit occupied by three occupants shall have floor area for each occupant thereof, a clear floor area of not less than 320 square feet (29.7 '). These required areas 404 -4.2 Access from bedrooms. Bedrooms shall not consti- required by Items 22 and 3 shall be exclusive of the areas tuft the only means of access to other bedrooms or habitable 2. The unit shall be provided with a kitchen sink, cooking spaces and shall not serve as the only means of egress from appliance and refrigeration facilities, each having a clear Other habitable spaces. working space of not less than 30 inches (762 mm) in Exception: Units that contain fewer than two bedrooms. bepro iged. d ventilation conforming to this code shall 404A3 Water closet accessibility. Every bedroom shall 3. The unit shall be provided with a separate bathroom have access to at least one water closet and one lavatory containing a water closet, lavatory, and bathtub or without passing through another bedroom. Every bedroom shower. in a dwelling unit shall have access to at least one water 4• The maximum number of occupants shall be three. closet and lavatory located in the same story as the bedroom 404.7 Food preparation. All spaces to be occupied for food or an adjacent story, preparation purposes shall contain suirable space and equip- 404.4,4 Prohibited occupancy to store, prepare and serve foods in a sanitary manner. Kitchens and nonhabitable There shall be adequate facilities and services for the sanitary spaces shall not be used for sleeping purposes, disposal of food wasics and refuse, including facilkiesg for 404.4.5 Other requirements. Bedrooms shall comply with temporary storage. the applicable provisions of this code including, but not limited to, the light. ventilation, room area, ceiling height and room width requirements of this chapter, the plumbing facilities and water - heating facilities requirements of Chap- ter 5. the heating facilities and electrical receptacle require- mcnts of Chapter 6: and the smoke detector and emergency escape requirements of Chapter 7. 10 404.5 Overcrowding. Dwelling units shall not be occupied b more occupants than permitted by the minimum area require of Table 4N.5. 14 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE FROM :CITY OF MRPLE GROVE t &ED 612 494 642S 1999,11 -04 09:31 ##S2S P.04 /0S 1994 UNIFORM BUILDING CODE 310.4 -310.7 EXCEPTION: The window or door may open into an atrium complying with Section 402 provided the window or door opens onto an exit balcony and the dwelling unit or guest room has an CKit which does not ' open into the atrium. l Escape or rescue windows shall have a minimum nct clear operable area of 5.7 square feet (OS3 m'-). The minimum net clear operable height dimension shall be 24 inches (6 10 mm), The mini- mum net clear operable width dimension shall be 20 inches (508 mm). When windows are provided ' as a means of escape or rescue, they shall have a finished sill height not more than 44 inches (1118 f mm) above the floor. Escape and rescue windows with a finished sill height below the adjacent ground elevation shall have a window well. Window wells at escape or rescue windows shall comply with the following: I. The clear horizontal dimensions shall allow the window to be fully opened and provide a j minimum accessible net clear opening of 9 square feet (0.84 m' -), with a minimum dimension of 36 inches (914 mm). , I 2. Window wells with a vertical depth of more than 44 inches (1118 mm) shall be equipped with an approved permanently affixed ladder or stairs that are accessible with the window in the fully open position. 7be ladder or stairs shall not encroach into the required dimensions of the window well by more than 6 inches (152 mm). Bars, grilles, grates or similar devices may be installed on emergency escape or rescue windows, doors or window wells, provided: 1. The devices are equipped with approved release mechapisms which are operable from the inside without the use of a key or special knowledge or effort; and 2. The building is equipped with smoke detectors installed in accordance with Section 310.9. r 3105 Light, ventilation and Sanitation. Light and ventilation shall be as specified in Chapter 12. The number of plumbing fixtures shall not be less than specified in Section 2902.6. O 310.6 Room Dimensions. 310,6.1 Ceiling heights. Habitable space shall have &ceiling height of not less than 7 feet 6 inches (2286 tom) except as otherwise permitted in this section. Kitchens, halls. bathrooms and toiler com- pattments may have a ceiling height of not less than 7 feet (2134 tom) measured to the lowest pro- jection from the ceiling. Where exposed beam ceiling members are spaced at less than 48 inches (1219 mm) on center, ceiling height shall be measured to the bottom of these members. Where ex posed beam ceiling members are spaced at 48 inches (1219 mm) or more on center, ceiling height shall be measured to the bottom of the deck supported by these members, provided that the bottom ( of the members is not less than 7 feet (2134 mm) above the floor. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is re- quired in only one half the area thereof. No portion of the room measuring less than 5 feet (1524 mm) from the finished floor to the finished ceiling shall be included in any computation of the mini - mum area thereof-. rf any room has a furred ceiling, the prescribed ceiling height is required in tw6 thirds the area i thereof, but in no case shall the height of the furred ceiling be less than 7 feet (2134 tom). 310.6.2 Floor area. Dwelling units and congregate residences shall have at least one room which shall have not less than 120 square feet (11.2 m) of floor area. Other habitable rooms except kitch- ens shalt have an area of notless than 70 square feet (6.5 mZ). Efficiency dwelling units shall comply . with the requirements of Section 310.7. 310.63 Width. Habitable rooms other than a kitchen shall.not be less than 7 feet (2134 mm) in any t dimension. 310.7 Etticiency Dwelling Units. An efficiency dwelling unit shall conform to the requirements Of the code except as herein provided: 1-49 1 s FROM :CITY OF MAPLE GROVE C &ED 612 494 6425 1999.11 -04 09:32 ns25 P.05 /05 f 310.7 - .170,9.1.5 1994 UNIFORM BUILDING CODE ! i L The unit shall have s living room of not less than 220 square feet (20.4 m-) of superficial floor A'' ! area. An additional 100squ;4m Fect(9.3 m=) of superficial floor area shall be provided foreachoccu- Pant of such unit in excess- of two. , 2- The unit shall be provided with a separate closet. 3- The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having aciear working space of nor less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. 4. The unit shall be provided with a separate bathroom containing a water closet, lavatory and i bathtub or shower. ! 310.8 Shaft and Exit Enclosures. Exits be enclosed as specified in Chapter 10. Elevator shafts, vent shafts, dumbwaiter shafts, clothes chutes and other vertical openings shall , be enclosed and the enclosure shall be as specified in Section 711. In nonsprinklered Group R, Division 1 Occupancies, corridors serving an occupant toad of 10 or r: ' more shall be separated from corridors and other areas on adjacent floors by noc less than approved fixed weed glass set in steel frames or by 20- minute smoke - and draft - control assemblies which are automatic closing by smoke detection. 310.9 Smoke Detectors and Sprinkler Systems. 310.9.1 Smoke detectors. 310.9.1.1 General. Dwelling units, congregate residences and hotel or lodging house guest rooms that are used for sleeping purposes shall be provided with smoke detectors. Detectors shall be installed in accordance with the approved manufacturer's instructions. • 3103.1.2 Additions, alterations or repairs to Group R Occupancies. When the valuation of an addition, alteration or repair to a Group R Occupancy exceed. $1.000 and a permit is required, or re �^ when one or more sleeping rooms a added or created in existing Group R Occupancies, smoke detectors shall be installed in accordance with Sections 310.9.1-3. 310.9.1.4 and 310.9.15 of this section. ' EXCEPTION: Repairs to the exterior surfaces of a Group R Occu i menu of this secrion. '� PAY exempt from the require— 1 310.9.1.3 power source. In new construction. required smoke detectors shall receive their pri- mary power from the building wiring when such wiring is served from a commercial source and shall be equipped with a battery backup. The detector shall emit a signal when the batteries arc low. wu'ing shall be permanent and without a disconnecting switch other than those required for over current protection. Smoke detectors may be solely battery operated when installed in existing ( r buildings; or in buildings without commercial poweC; or in buildings which undergo altctaaons, bu • repairs or additions regulated by Section 310.9.1.2. 310.9.1,4 location within dwelling units, In dwelling units, a detector shall be installed in each sleeping room and at a point centrally located in the corridor or area giving access to each separate sleeping area. When the dwelling unit has more than one story and in dwellings with basements, a detector shall be installed on each story and in the basement. In dwelling units where a story or base- :. ment is split into two or more levels, the smoke detector shall be Installedon the upper level, except that when the lower level contains a sleeping area, a detector shall be installed on each level. Where sleeping rooms arc on an upper level. the detector shall be placed at the ceiling of the upper level in close proximity to the Stairway. In dwelling units where the ceiling height of a room open to the hallway serving the bedrooms exceeds that of the hallway by 24 Inches (6 10 mm) or more, smoke 1 detectors shall be installed in the hallway and in the adjacent room. Detectors Shull sound an alarm I audible in all sleeping areas of the dwelling unit in which they arc located. 310.9.15 Location in efficiency dwelling units. congregate residences and hotels. In efficicn- cy dwelling units, hotel suites and in hotel and con�grc ate residence clecpin�; rooms, detectors shall 1 -50 I i i ' I 11/05/99 09:33 PLYMOUTH COMMUNITY DEVELOPMENT + 95693494 NO.021 1?02 Plymouth City Code 405.20, Subd. 7 under pressure and shall be connected to a sewer system in compliance with Chapter V11 of th City Code. Subd. 7. Permissible OccuAancy of Dwelling Unit. The maximum permissible occupancy of any rental dwelling unit shall be determined as follows: (a) For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. . 1 (b) In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. (e) Not more than one family, except for temporary guests, shall occupy a dwelling unit. An Owner or Operator may adopt standards that reduce the maximum allowed occupancy of a dwelling unit from the standards set forth herein. 405.25. Ec ivment and Faci Standards for Rental Dwellin Dwelling Units or Rooming Units Subd. I. Door Locks. No person shall rent or let to another for occupancy any dwelling, dwelling unit or rooming unit unless all exterior doors of the dwelling, dwelling unit, or rooming unit are equipped with safe, functioning locking devices. Multiple family dwellings shat l have a security system which maintains locked building entrances or foyer doors and locked doors leading from hallways into individual dwelling units. Dead -latch type door locks shall be provided with releasable lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of building entrance doors. Building entrance door latches shall be of a type that are Permanently locked. Every door that provides ingress or egress for a dwelling unit within a Multiple family dwelling shall be equipped with a lock that has a deadlocking bolt that cannot be retracted by end pressure, provided, however, that such door shall be openable from the inside without the use of a key or any special knowledge or effort. All multiple family dwellings in existence at the time this chapter is adopted; which were not previously required to have such a security system, shall not be subject to the requirements of this Section. Subd. 2. Access to Dwelliniz Unit or Roomine Unit. Access to or egress from each dwelling unit stall be provided without passing through any other dwelling unit. Access to each rooming unit shall be provided without passing through any other rooming unit. Subd. 3. S� from Fire. An owner, operator or agent of a rental dwelling shall be responsible to comply with the applicable provisions of the Fire Prevention Code of the city in keeping open all fire lanes established by the City. 405.30• Equipment and Facility Standards for Dwellines and Rooming Units, Rented or Owner- Occupied. No person shall occupy as owner, occupant or let to another person for occupancy any dwelling, dwelling unit or rooming unit, for the purposes of living therein, which does not • comply with the following requirements. 11/05/99 09:33 PLYMOUTH COMMUNITY DEVELOPMENT + 95693494 NO.021 903 Plymouth City Code 405.10, Subd. 3(a) Subd. 3.(a) Condominium Dwelling Unit. A unit in a Dwelling in which there are two or i more units where each unit is separately owned and each unit owner holds a proportional interest in certain common areas. For purposes of Section 405, wherever the term "dwelling unite is used, it shall also include a Condominium Dwelling Unit, (Ord. 95 - 13, 2121195) Subd. 4. Dwelling. A Building or one or more portions thereof occupied or intended to be occupied for residential purposes; but not including rooms in motels, hotels, nursing homes, .boarding houses, trailers, tents, cabins or trailer coaches. family. Subd. 5. Dwelling Unit. A single family dwelling or unit designed to accommodate one Subd. 6. Fa milt' An individual, or two or more persons each related by blood, marriage, adoption, or foster children, living together as a single housekeeping unit; or a group of not more than five (5) persons not so related, maintaining a con nnon household and usin common cook' d kitchen �n an g then facilities. Subd. 7. Flush Water Closet. A toilet with a bowl and trap made in one piece, which is connected to the city water and sewer system or other approved water supply and sewer system. Subd. S. Garbage. As defined and regulated in Chapter VI of the City Code. • Subd. 9. Habitable Building. Any Building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. Subd. 10. Habitable ,Room. A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements, (those without required ventilation, required electrical outlets and required exit facilities), pantries, utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. Subd. 11. Heated Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet. Subd. 12. Kitchen. A space intended for food preparation which contains a sink with counter working space, space for installing cooking and refrigeration equipment, and space for the storage of cooking utensils. Subd. 13. Maintain or Maintenance. Upkeep of property in a sanitary condition and upkeep Of equipment in a safe working condition for which it was installed and/or constructed. Subd. 14. Multiple Family Dwelling. A dwelling or portion thereof containing two or more dwelling units. • 11/05/99 09:33 PLYMOUTH COMMUNITY DEVELOPMENT 4 95693494 NO.021 004 PLYMOUTH ZONING ORDINANCE similar equipment and accessories in connection therewith for the furnishing of adequate service AD by such private or public utilities or municipal departments. Essential services shall not include waste facilities or ersonal wireless service P antennas or support structures. (Amended b Ord 3 No. 98-4, 01121198) Y Essential Service Structures: Structures and buildings necessary for the operation of essential services, including but not limited to: telephone p ne buildin s telephone buildings, p ne booths, gas regulator stations, substations, electrical stations, water tanks, lift stations. Essential service structures shall not include transmission/reception antennas. Extended Stay Hotel: A building or structure intended as, used as, maintained as, or a advertised as a place where sleeping accommodations are furnished to the .public as regular roomcrs, primarily for periods of one week or more. Extractive Use: The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other non-metallic minerals, and peat not regulated under Minnesota Statutes, Sections 93.44 to 93.51. Family: An individual or two (2) or more persons related by blood, marriage, adoption, or c' p fun tional family living together in a dwelling unit and sharing common cooking facilities. Family, Functional: A group of no more than six (6) people plus their offspring, having a relationship which is functionally equivalent to a family. The relationship must be of a Permanent and distinct character with a demonstrable and recognizable bond characteristic of a cohesive unit. Functional family does not include any society, club, fraternity, sorority, association, lodge, organization or group of students or other individuals where the common living arrangement or basis for the establishment of the housekeeping unit is temporary. Farm: An unplatted tract of land approximately ten (10) acres or more, or two (2) or more abutting parcels under the same ownership having an area of ten (10) acres, measured from the centerline of abutting roads, usually with a house and bars and other buildings, and on which crops and often livestock are raised as a major source of livelihood. Farming: The process of operating a farm for the growing and harvesting of craps which shall include those necessary buildings, related to operating the fain, and the keeping of common domestic farm animals. Farmstead: A dwelling unit surrounded by or connected to a farming operation, all under single ownership. Fence Related: (a) "Fence" shall mean a partition, wall, hedge, row(s) of continuous plantings, or gate erected as a dividing marker, visual or physical barrier, or enclosure. s 21005 -10 NOV. -04' 99(THU) 13 :32 CITY OP ROBBINSDALE P-002 Robbinadale City Code 425.23, Subd. 5 Subd. 5. Interior floors of basements, cellars, and other areas in contact with the soil shall be rodent- proofed in a manner approved by the enforcement officer. 425.25. Minimum fire protection standards. No person may let to another for occupancy any dwelling or dwelling unit which _does not comply with the applicable provisions of the fire prevention code. Rental dwelling units must be rovided with smoke detectors. 4!.i-_e)than 7Occuvancv standards. Subdivision 1. One family per dwelling, unit. one Family may occupy a dwelling unit. Subd. 2. Permissible occupancy of a dwelling unit. The maximum permissible occupancy of a rental dwelling unit is determined as follows: (a) Minimum space. For the first two occupants, 220 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. (b) Maximum occupancy. The total number of occupants may not exceed two times the number of habitable rooms, less kitchen. in the dwelling unit. (c) Occupancv of sleeping rooms. In every dwelling unit of two or more roomst every room occupied for sleeping purposes shall have the following minimum habitable room floor space: 70 square feet for one person; 90 square feet for two persons; and the required habitable room floor space will be increased at the rate of 50 square feet for each occupant in excess of two. The maximum occupant load of a sleeping room may be increased by one person if all occupants are under the age of two years. 425.29. Bner$y standards. Subdivision 1. Weatherization requirements. Dwellings which are renter occupied during all or a portion of the months of November through April must comply with the weatherization requirements of this subsection. Subd. 2. Install weather - stripping between exterior operable window sash and frames and between exterior doors and frames. Weather - stripping is not required on storm doors or storm windows. Subd. 3. Caulk, gasket or otherwise seal accessible exterior joints between foundation and rim joist; around window and door frames; between wall and roof; between wall panels; at penetrations for utility services through walls. floors and roofs and all other openings in the exterior envelope. . Subd. 4. Install storm windows on all single glazed exterior window units enclosing conditioned space. NOV. -04' 99 (THU) 13:33 CITY OF ROBBINSDALE P. 003 • Rob pinsdale City Code 425.11, Subd. 13 Subd. 13. Enforcement officer means a person designated by the city manager to administer and enforce this code. Subd. 14. Exit means a continuous and unobstructed means of egress to the outdoors and includes intervening doors, doorways, corridors, ramps, stairways, smokeproof enclosures, horizontal exists, exit passageways, exit courts and yards. Subd. 15. F a means one or more persons each related to the other by bloo adoption, or a group of not more than four persons not all so related maintaining a common household in a dwelling unit and using common cooking and kitchen facilities. Subd. 16. Floor area. Bross means the sum of the gross horizontal area of the several floors of a structure or structures measured from the exterior faces and exterior walls or from the center line of common walls separating dwelling units. Basements devoted to storage and off — street parking or either of them are not included. Subd. 17. Flush water cloAec means a toilet bowl flushed with water under pressure with a water sealed trap above the floor level. • Subd. 18. Garbaae means putrescible animal and vegetable wastes, including those resulting from the handling, preparation, cooking, and consumption of food. Subd. 19. Group homes means a dwelling that falls under the meaning of a residential program as defined in Minnesota Statutes, section 245.A.02.14. Subd. 20. Habitable room means a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, but excluding bathrooms, water closet compartments, laundries, furnace rooms, pantries, utility rooms, foyers, corridors, stairways, closers, storage spaces, workshops, hobby and recreation areas, and basements lacking required ventilation, required electrical outlets, or required exit facilities. Subd. 21. Hotel or motel means a building or structure or enclosure, or any part thereof, kept, used as, maintained as, or advertised as, or held out to the public to be an enclosure where sleeping accommodations are furnished to the public and furnishing accommodations for periods of less than one week: the term includes any facility licensed as a hotel or motel by Hennepin County. Subd. 22. Kitchen means a space used or intended to be used for food preparation, which contains a sink, adequate space for installing cooking and refrigeration equipment, and space for the storage of cooking utensils. Subd. 23. Nuisance means: • (a) A public nuisance known as such under common law or in equity or recognized by Minnesota statutes or the city code. FROM: CITY OF NEW HOPE FAX NO.: 6125315136 11 -84 -99 09:166 P.02 level, and all exterior doorways which might provide an entry for rodents, shall be supplied with adequate screens or such other devices as will effectively prevent the entrance of rodents into the structure. • 3-356(3) Sewers. Pines. Drains_ Conduits. All sewers, pipes. drains. or conduits and openings around such pipes and conduits shall be constructed to prevent the ingress or egress of rodents to or from a building. 3.336(4) Interior Floors. Interior floors of basements, cellars. and other areas in contact with the soil shall be rodent - proofed in an approved manner. 3.356(6) Stored Material. Materials stored outside of buildings shall be stacked in an orderly manner so as to prevent the creation of a rodent harborage. No stacking or piling of matctial'shall take place against the exterior walls of a structure. 3.36 OCCUPANCY STANDARDS. 3.361 Qpe Familv Per Dwel Not more than one family, except for boarders or temporary guests, as controlled by Chapter 4, shall occupy a dwelling unit. 3.362. Permissible Occuvancv of Dwellinz Unit. With the exception of owners occupying a respective dwelling unit prior to enactment of this Dwelling Code, the maximum permissible occupancy of any dwelling unit shall be determined as follows: 3.362(l) Minimum Svace. For the fast occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. • 3.362 (2) Maximum OCCUDancv. In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. 3.0 - 62(3) Occuvsnev of Sleeainr Rooms In every rental dwelling unit, every room occupied for sleeping purposes by one occupant shall contain at least seventy square feet of floor space for the fast occupant and every room occupied for sleeping purposes by more than one occupant shall contain at least fifty square feet of floor space for each occupant thereof. ...... I ......................... (Code 072684, Ord. 77 - -15) 3.37 INSPECTION AND ENFORCEMENT. 3.371 Administration and Enforcement. The Director of Fire and Safety and /or the Director's designated agents shall administer and enforce the provisions of this Dwelling Code and are hereby authorized to cause inspections on commercial and rental dwelling units on all classes of property within the City on a scheduled basis, and on all residential units on all classes of property at the point of any conveyance of the unit whether voluntary or involuntary or when reason exists to believe that a violation of the Dwelling Code has been., or is being, committed. ...... . .. ............................... ( Ord. 77-15. 88 -6. 90 -3) 3.372 Fees /Continuine Violations. A fee shall be payable for every inspection required under Section 3.371 as prescribed by Chapter 14. A single fee shall be due and payable for the initial inspection and one rcimspection related to the Code compliance action. s 3-33 072684 FROM: CITY OF NEW HOPE FAX NO.: 6125315136 11 -04 -99 09 :16A P.03 4.022 (52) gamily. One or more persons each related to the other by blood, marriage, adoption, or foster care, or a group of not more that four persons not so related maintaining a common household and using common cooking and kitchen facilities, exclusive of servants ........... I ........................... (Code 072684) 4.022 (53) Final Erosion and Sediment CN;rol Plan (Final Plan). A set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site after all other planned final structures and permanent improvements have been erected or installed. ...................... (Ord. 9P-07) (Previous #53 deleted, Ord. 85 -2) 4.022 (54) Fin in . The act of depositing any rock, soil, gravel, sand, or other material so as to . fill or partly fill a 'watetbody, watercourse, wetland, channel or natural or excavated We, trench, or other swell or depression in the earth. 4.022 (55) Flood. A temporary rise in stream flow or stage which results in inundation of the areas adjacent to the channel, or other terrain or buildings not normally under water. 4.022(S6) Flood Frequenev. The average frequency, statistically determined. for which it is expected that a specific flood stage or discharge may be equaled or exceeded. By strict definition, such estimates are designated "exceedence frequency ", but in practice the term "frequency" is used. The frequency of a particular stage or discharge is usually expressed as having a probability of occuaing once within a specific number of years. 4.022 (57) Flood Frinec. That portion of the flood plain outside of the floodway. ............ ............................... (Code 072684) • 4.022 (58) Flood Plain. 7be channel or beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Flood plain areas within New Hope shall encompass all areas designated as Zone A on the Flood Insurance Rate Map. ....... ............................... (Code 072684, 91 -04) 4.022 (59) Flood Profile. A graph or a longitudinal plot of water surface elevations of a flood event along a reach of a stream or river. 4.022 (60) Flood Proofing. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding. primarily, for the reduction or elimination of flood damages. ..... ............................... (Code 072684, Ord. 80-9) 4.022 (61t) Floodway. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. .... ............................... (Code 072684, Ord. 91 -04) 4.022 (62) Floor Area. The sum of the gross horizontal areas of the several floors of the building or The portions theroof, devoted to a particular use. including accessory storage areas located within selling or working space such as counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, the floor area shall not include basement floor area other than area devoted to retailing activities, to the • 4-13 072684 FROM: CITY OF NEW HOPE FAX NO.: 6125315136 11 -04 -99 09:17R P.04 4.035 Area and Buildine Size Reltulatiota. 4.035 . This section identifies minimum area and building size requirements to be provided for in each zoning district as listed in the table below: District Lot Area Lot Width Building Height R -1 9,500 sq. ft. 75 feet 2 -112 stories R-2 9,500 sq. ft. 75 feet 2.112 stories R -3 10.000 sq. ft. 80 feet 3 stories R-4 15,000 sq. ft. 100 feet 4 stories R - 5 15,000 sq. ft. 100 feet 4 stories + R -0 15,000 sq. ft. 100 fed 3 stories B-1 10,000 sq. ft. 80 feet 2 stories B -2 1 acre 100 feet 3 stories B-3 n/a n/a 3 stories B-4 n/a n/a 3 stories 1 -1 1 acre 150 feet 3 stories 1 -2 1 acre 100 feet 3 stories .............. ............................... (Ord. 81 -1) 4.035 (2) Lot Area Per Unit. The lot area per unit requirement for townhouses, multiple family dwellings and planned unit developments &ball be calculated on the basis of the total area in the project and as controlled by an individual and joint ownership. Other minimum areas are: Single Family 9,500 square feet Two Family 7,000 square feet Townhouse 5,000 square feet Multiple Family 3,000 square feet* Elderly Housing and/or 000 square feet Physically Handicapp 1, guar y Y >?� *4,000 square feet in a R -3 District. ........ ............................... (Ord. 79 -11, 84 -3, 88 -19) 4.035(3) Useable Oren Soace. 4.035(3) (a) Sintle and Two Family Dwcllines. No dwelling may occupy in excess of twenty percent of the lot area on single or two - family dwelling sites. (Ord. 79 -11.8 -3, 85 -23, 93-01) • 4-42 072684 FROM: CITY OF NEW HOPE FAX NO.: 6125315136 11 -04 -99 89:17A P.05 4.035(3) (b) Multinle Family Dwellings. Every multiple family dwelling site shall comply with the following open space requirements for each dwelling unit contained thereon exclusive of the front yard area: • 4.035(3)(b) (i) 1 - 3 Bedroots - 500 square feet per unit. 4.035(3)(b) (d) 4 or more Bedrooms - 600 square feet per unit. 4.035(3) (c) Recreation cas. Each multiple fancily building or complex of two or more buildings containing eight (8) or more dwelling waits shall include visually defined or fenced active recreation areas. Said areas need not be contiguous. The size of the recreation area shall be determined by multiplying the number of dwelling units times 50 square feet exclusive of parking or loading areas. This section shall not apply to R -5 senior citizen or physically handicapped multiple family dwellings. ............. ............................... (Ord 93 -01) 4.035(4) E&centions The building height limits established herein for districts shall not apply to the following: 4.035(4) (a) Belfries 4.035(4) (b) Chimneys or flues 4.035(4) (c) Church spires 4.035(4) (d) Cooling towers 4.035(4) (c) Cupolas and domes which do not contain useable space 4.035(4) (f) Elevator penthouses 4.035(4) (g) Flag poles 4.035(4) (h) Monuments 4.035(4) (i) Parapet walls extending not more than three feet above the limiting beight of the • building. 4.035(4)0) Water towers 4.035(4) (k) Necessary mechanical and electrical appurtenances 4.035(4)0) Poles, towers and other structures for essential services. ..... ............................... (Code 072684, 88-8) 4.035(4) (m) Personal wireless service and commercial broadcasting antennas not exceeding twenty (20) feet above the roof of the antenna support structure 4.035(4) (n) Antenna towers ................. ............................... (Ord. 97-4) 4.035(5) Exceution Limits. No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than twenty-five percent of the area of such roof nor exceed ten feet in height unless otherwise noted. 4.035(6) Minarnum Floor Area Per Dwellin Unit 4.035(6) (a) One. twq faT dwelliasrc a nd t9wnhouses. The minimum floor area for these types of buildings shall be as follows: Single Family Dwelling 1,240 square feet Two Family Dwelling and Townhouse 1,050 square feet • 4-43 072684 FROM: CITY OF NEW HOPE FAX NO.: 6125315136 11 -04 -99 09:17A P.06 4.035(6) (b) Multiole dwellinz units. Except for elderly housing, living units classified as multiple dwellings snail have the following minimum floor areas per unit: I Efficiency units 500 square feet One bedroom units 600 square feet Two bedroom 750 square feet More than two bedroom units - an additional 100 square feet for each additional bedroom. ............ ............................... (Code 072684) 4.035(6) (c) Elderlv (Senio Citizen) and/or Ph vsicaliv Handicapped Housing. Living units classified as elderly (senior cid=), physically handicapped or R -5 housing units shall have the following minimum floor area per unit: Efficiency units 440 square feet One bedroom S20 square feet Two bedroom 700 square feet .... ............................... (Code 072684, Ord. 88 -19) 4.035(6) (d) Buildine Widths. In no event shall either the length or width of the structures referred to in this section 4.035(6) be less than twenty -four feet. .... ............................... (Code 072684, Ord. 85 -23) 4 .035(7) Maximum Unit Tvae. 4.035(7) (a) Efficiencv Apartments. Except for elderly (senior citizen or R -5) housing, the number of efficiency apartments in a multiple dwelling shall not exceed five percent of the total number of apartments. in the case of elderly (senior citizen or R -5) housing, • efficiency apartments shall not exceed twenty percent of the total number of apartments. 4.035(7) (b) Three (3) or More Bedroom Apartments. The number of dwelling units eontaning three (3) or more bedrooms in a multiple dwelling containing eight (8) or more units shall not exceed forty (40) percent of the total number of apartments within a single building. ...... I ............................ (Code 072684, Oid. 93 -01) 4.035(8) Subdivisio of Double Bungalow. Ouadra minium. or Townhouse Lots. The subdivision of base lots containing double bungalows, quadraminiums, or townhouses to permit individual private ownership of a single dwelling unit within such a structure is acceptable upon approval by the City Council, but is contingent on the following requirements: 4.035(8) (a) Meet Zonine Reuirements. Prior to a double bungalow. quadraminium, or townhouse subdivision, the base lot must meet all the requirements of the zoning district. • 4 - 44 072684 FROM CITY OF NEW HOPE FAX HO.: 6125315136 11 -04 -99 09:18A P.07 4-035(8) (b) Minimum Area and Width. The following are minimum unit lot requirements for double bungalow, or townhouse subdivisions: • Double Quadraminum Townhouse Bungalow Lot Area 7,000 sq. ft. 5,000 sq. ft. 5,000 sq. ft Lot Width % the base lot 50 ft. 20 ft. street frontage i 4.035(8) (c) Princiioal Structure. There shall be no more than one principal structure on a base lot in all residential districts. The principal structure on a tint lot created in a double bungalow, quadraminium, or townhouse subdivision will be the portion of the attached dwelling existing or constructed on the platted unit lots. 4.035(8) (d) Conformity to Existinz Setbacks. The principal structure on the base lot shall conform to the established setbacks and yard requirements of the zoning district. 4.035(8) (e) Accessory Uses. Permitted accessory uses as defined by the zoning districts are acceptable provided they meet all the zoning requirements. 4.035(g)(0 individual Public Utilities. Separate public utility services shall be provided to each subdivided unit and shall be subject to the review and approval of the City Engineer. 4.035(8) (p) Platdne Reauired. The subdivision shall be platted and recorded in conformance to all other requirements of the New Hope Platting Code, specifically including the • providing of a Subdivision Bond ........................ . (Ord. 8¢3) 4.036 Off Street Parking Reauireromts. 4.036(l) Pu se. The regulation of off - street parking spaces in these zoning regulations is intended to alleviate or prevent congestion of the public right -of -way and to promote the safety and general welfare of the public, by establishing minimum requirements for off - street parking of motor vehicles in accordance with the intensity of utilization of the various parcels of land or structures. 4.036(2) Application of Off -Street Parkine Reulations. The regulations and requirements set forth herein shall apply to all off - street parking facilities in all of the zoning districts of the City. 4.036(3) Site Plan Drawing Necessary. All applimions for a building or an occupancy permit in all zoning districts shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of off - street parking and loading spaces in compliance with the requirements set forth in this section. 4.036(4) General Provision. 4.036(4) (a) Floor Area. The term "floor area" for the purpose of calculating the number of off - street parking spaces required shall be determined on the basis of the exterior 4-45 072684 203 1997 UNIFORM BUILDING CODE 207 above the level of the main floor and shall include the area provid- four hours. This term shall not refer to action on inanimate sur- F ing access to the seating area or serving only as a foyer. faces. F BALCONY, EXTERIOR EXIT. See Section 1006.3. COURT is a space, open and unobstructed to the sky, located at BASEMENT is any floor level below the first story in a build- or above grade level on a lot and bounded on three or more sides by ing, except that a floor level in a building having only one floor walls of a building. level shall be classified as a basement unless such floor level qual- ifies as a first story as defined herein. SECTION 205 — D BOILER, HIGH - PRESSURE, is a boiler furnishing steam at DANGEROUS BUILDINGS CODE is the Uniform Code for pressures in excess of 15 pounds per square inch (psi) (103.4 kPa) the Abatement of Dangerous Buildings promulgated by the Inter- 0 0 or hot water at temperatures in excess of 250 OF (121 or at pres- national Conference of Building Officials, as adopted by this ju - -. . sures in excess of 160 psi (1103.2 kPa). risdiction. BOILER ROOM is any room containing a steam or hot- water • DISPENSING is the pouring or transferring of any material F boiler. from a container, tank or similar vessel, whereby vapors, dusts, F BUILDING is any structure used or intended for supporting or fumes, mists or gases may be liberated to the atmosphere. F sheltering any use or occupancy. DISPERSAL AREA, SAFE. See Section 1008.2. BUILDING, EXISTING, is a building erected prior to the DRAFT STOP is a material, device or construction installed to adoption of this code, or one for which a legal building permit has restrict the movement of air within open spaces of concealed areas been issued. of building components such as crawl spaces, floor - ceiling assem- BUILDING OFFICIAL. is the officer or other designated au- blies, roof - ceiling assemblies and attics. thority charged with the administration and enforcement of this DWELLING is any building or portion thereof 'that contains "i code, or the building official's duly authorized representative. not more than two dwelling units. BULK HANDLING is the transferring of flammable or com- DWELLING UNIT is any building or portion thereof that con - bustibie liquids from tanks or drums into smaller containers for tains living facilities, including provisions for sleeping, eating, distribution cooking and sanitation, as required by this code, for not more than one family, or a congregate residence for 10 or less persons. • SECTION 204 — C SECTION 206 — E • CAST STONE is a precast building stone manufactured from EFFICIENCY DWELLING UNIT is a dwelling unit contain - portland cement concrete and used as a trim, veneer or facing on or ing only one habitable room. in buildings or'structures. ELECTRICAL CODE is the National Electrical Code CENTRAL HEATING PLANT is environmental heating promulgated by the National Fire Protection Association, as equipment that directly utilizes fuel to generate heat in a medium adopted by this jurisdiction. for distribution by means of ducts or pipes to areas other than the ELEVATOR CODE is the safety code for elevators, dumb - room or space in which the equipment is located. waiters, escalators and moving walks as adopted by this jurisdic- C.F R. is the Code of Federal Regulations, a regulation of the tion (see Appendix Chapter 30). United States of America available from the Superintendent of EMERGENCY CONTROL STATION is an approved loca- F Documents, United States Government Printing Office, Washing- lion on the premises of a Group H, Division 6 Occupancy where ton, DC 20402. signals from emergency equipment are received and that is contin- F CHIEF OF THE FIRE DEPARTMENT is the head of the fire ually staffed by trained personnel. F department or a regularly authorized deputy. EXISTING BUILDINGS. See "building, existing." COMBUSTIBLE LIQUID. See the Fire Code. EXIT. See Section 1001.2. CONDOMINIUM, RESIDENTIAL. See "apartment house." EXLT COURT. See Section 1001.2. CONGREGATE RESIDENCE is any building or portion EXIT PASSAGEWAY. See Section 1001.2. thereof that contains facilities for living, sleeping and sanitation, as required by this code, and may include facilities for eating and SECTION 207 — F cooking, for occupancy by other than a family. A congregate resi- t dence may be a shelter, convent, monastery, dormitory, fraternity FABRICATION AREA (fab area) is an area within asemi- F or sorority house, but does not include jails, hospitals, nursing conductor fabrication facility and related research and develop- F homes, hotels or lodging houses. meat areas in which there are processes using hazardous F n Production materials. Such areas are allowed to include ancillary F F g or portion of a building within rooms or areas such as dressing rooms and offices that are directly F CONTROL AREA is a building which the exempted amounts of hazardous materials may be related to the fab area processes. F stored, dispensed, handled or used. FAMILY is an individual or two or more persons related by blood CORROSIVE is a chemical that causes visible destruction of, or marriage or a group of not more than five persons (ex- F or irreversible alterations in, living tissue by chemical action at the eluding servants) who need not be related by blood or marriage F site of contact. A chemical is considered to be corrosive if, when living together in a dwelling unit. F tested on the intact skin of albino rabbits by the method described FIRE ASSEMBLY. See Section 713.2.. - F in the United States Department of Transportation in Appendix A F to 49 C.F.R. 173, it destroys or changes irreversibly the structure FIRE CODE is the Uniform Fire Code promulgated by the F of the tissue at the site of contact following an exposure period of International Fire Code Institute, as adopted by this jurisdiction. 1-8 1997 UNIFORM BUILDING CODE 207 209 FIRE RESISTANCE or FIRE- RESISTIVE CONSTRUC- GRADE (Lumber) is the classification of lumber in regard to TION is construction to resist the spread of fire, details of which strength and utility. 1 are specified in this code. GUARDRAIL is a system of building components located FIRE - RETARDANT TREATED WOOD is any wood prod- near the open sides of elevated walking surfaces for the purpose of uct impregnated with chemicals by a pressure process or other minimizing the possibility of an accidental fall from the walking a means during manufacture, and which, when tested in accordance surface to the lower level. with UBC Standard 8-1 for a period of 30 minutes, shall have a GUEST is any person hiring or occupying a room for living or flame spread of not over 25 and show no evidence of progressive sleeping purposes. combustion. In addition, the flame front shall not progress more than 10 feet (3200 mm) beyond the center line of the burner at GUEST ROOM is any room or rooms used or intended to be any time during the test. Materials that may be exposed to the used bo a guest for sleeping purposes. Every 100 square feet weather shall pass the accelerated weathering test and be identi- (9.3 m� of superficial floor area in a dormitory shall be consid- fled as Exterior type, in accordance with UBC Standard 23-4. ered to be a guest room. Where material is not directly exposed to rainfall but exposed to high humidity conditions, it shall be subjected to the hygroscopic SECTION 209 — H test and identified as Interior Type A in accordance with UBC Standard 234. HABITABLE SPACE (ROOM) is space in a structure for hv- All materials shall bear identification showing the fire perform- mg, sleeping, eating or cooking. Bathrooms, toilet compartments, ance rating thereof. Such identifications shall be issued by an ap- closets, halls, storage or utility space, and similar areas, are not proved agency having a service for inspection of materials at the considered habitable space. factory. HANDLING is the deliberate movement of material by any means to a point of storage or use. FLAMMABLE LIQUID. See the Fire Code. HANDRAIL is a railing provided for grasping with the hand FLOOR AREA is the area included that the surrounding exte- for support. See also "guardrail." rior walls of a building or portion thereof, exclusive of vent shafts HAZARDOUS PRODUCTION MATERIAL (HPM) is a F and courts. 7be floor area of a building, or portion thereof, not pro- F solid vided with surrounding exterior walls shall be the usable area un- , liquid or gas that has a degree of hazard rating in health, F der the horizontal projection of the roof or floor above. flammability or reactivity of 3 or 4 and that is used directly in re- F search, laboratory or production processes that have, as their end F FM is Factory Mutual Engineering and Research, 1151 Boston- product, materials that are not hazardous. F Providence Thmpilce, Norwood, Massachusetts 02062. HEALTH HAZARD is a classification of a chemical for which F • FOAM PLASTIC INSULATION is a plastic that is intention- there is statistically significant evidence based on at least one F ally expanded by the use of a foaming agent to produce a study conducted in accordance with established scientific prince- F reduced - density plastic containing voids consisting of hollow ples that acute or chronic health effects may occur in exposed per- F spheres or interconnected cells distributed throughout the plastic sons. The term "health hazard" includes chemicals that are F for thermal insulating or acoustical purposes and that has a density carcinogens, toxic or highly toxic agents, reproductive toxins, irri- F less than 20 pounds per cubic foot (320 kg/m tants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neii F toxins, agents that act on the hematopoietic system, and agents F FOOTING is that portion of the foundation of a structure that that damage the lung skin, eyes or mucous membranes. F . spreads and transmits loads directly s, ectly to the soil or the piles. HEIGHT OF BUILDING is the vertical distance above a ref- FRONT OF LOT is the front boundary line of a lot bordering erence datum measured to the highest point of the coping of a flat on the street and, in the case of a comer lot, may be either frontage. roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a SECTION 208 — G greater height of building: 1. The elevation of the highest adjoining sidewalk or ground GARAGE is a building or portion thereof in which a motor ve- surface within a 5 -foot (1524 mm) horizontal distance of the exte- hicle containing flammable or combustible liquids or gas in its rior wall of the building when such sidewalk or ground surface is tank is stored, repaired or kept. not more than 10 feet (3048 mm) above lowest grade. GARAGE, PRIVATE, is a buildin or a portion of a building, 2. An elevation 10 feet (3048 mm) higher than the lowest grade not more than 1,000 square feet (93 m in area, in which only mo- when the sidewalk or ground surface described in Item 1 is more for vehicles used by the tenants of the building or buildings on e than 10 feet (3048 mm) above lowest grade. premises are stored or kept. (See Section 312.) The height of a stepped or terraced - building is the maximum GARAGE, PUBLIC, is any garage other than a private garage. height of any segment of the building. GAS ROOM is a separately ventilated, fully enclosed room in HELIPORT is an area of land or water or a structural surface which only toxic and highly toxic compressed gases and associ- that is used, or intended for use, for the landing and take -off of he- ated equipment and supplies are stored or used. licopters, and any appurtenant areas that are used, or intended for use, for heliport buildings and other heliport facilities. GRADE (Adjacent Ground Elevation) is the lowest point of I5TO elevation of the finished surface of the ground, paving or sidewalk HEL P is the same as a heliport, except that no refueling, within the area between the building and the property line or, when maintenance, repairs or storage of helicopters is permitted. the property line is more than 5 feet (1524 mm) from the building, HIGHLY TOXIC MATERIAL is a material that produces a F between the building and a line 5 feet (1524 mm) from the lethal dose or a lethal concentration that falls within any of the fol- F building. lowing categories: F 1 9 1997 UNIFORM BUILDING CODE TABLE 10-A TABLE 10- A-- MINIMUM EGRESS REOUIREMENTS OCCUPANT LOADFACTOR MINIMUM OF TWO MEANS OF EGRESS (square f USE2 ARE OCCUPANTS IS AT NUMBER LEAST OF x O=n for M 2 i 1. Aircraft hangars (no repair) 10 500 2. Auction rooms 30 7 3. Assembly areas, concentrated use (without fixed seats) 50 7 Auditoriums Churches and chapels Dance floors i Lobby accessory to assembly occupancy Lodge rooms ' A Reviewing stands Stadiums Waiting area 50 3 I 4. Assembly areas, less- concentrated use Conference rooms 50 15 r Dining rooms Drinking establishments Exhibit rooms Gymnasiums Lounges Stages Gaming: keno, slot machine and live games area 50 11 5. Bowling alley (assume no occupant load for bowling lanes) 50 4 6. Children's homes and homes for the aged 6 80 7. Classrooms 50 20 8. Congregate residences 10 200 9. Courtrooms 50 40 10. Dormitories 10 50 111. Dwellings 10 300 12. Exercising rooms 50 50 13. Garage, parking 30 200 14. Health care facilities- Sleeping rooms 8 120 Treatment rooms 10 240 15. Hotels and apartments 10 200 16. Kitchen -- commercial 30 200 17. Library- Reading rooms 50 50 Stack areas 30 100 18. Locker rooms 30 50 19. Malls (see Chapter 4) 20. Manufacturing areas * 30 200 21. Mechanical equipment room' 30 300 i 22. Nurseries for children (day care) 7 35 -'s 23. Offices 30 100 i 1 124. School shops and vocational rooms 50 50 _ 25. Skating rinks 50 50 on the skating area; 15 on the deck 26. Storage and stock rooms 30 300 27. Stores - retail sales rooms Basements and ground floor 50 30 Upper floors 50 60 128. Swimming pools 50 50 for the pool area; ` 15 on the deck 29. Warehouses 30 500 130. All others 50 100 lAccess to, and egress from, buildings for persons with disabilities shall be provided as specified in Chapter 11. Vor additional provisions on number of exits from Groups H and I Occupancies and from rooms containing fuel -fired equipment or cellulose nitrate, see Sections 1018, 1019 and 1020, respectively. • 3 1his table shall not be used to determine working space requirements per person. 4 0ccupant load based on five persons for each alley, including 15 feet (4572 mm) of runway. 5 0ccupant load for warehouses containing approved high rack storage systems designed for mechanical handling may be based on the floor area exclusive of the rack area rather than the gross floor area. 1 -125 1202.2.5 1997 UNIFORM BUILDING CODE 1205.1 ' ducts shall not penetrate area separation walls. Fire dampers shall In lieu of required exterior openings for natural ventilation, a . not be installed in exhaust ducts. mechanical ventilating system may be provided. Such system shall be capable of providing two air changes per hour in guest 1202.2.6 Group S repair and storage garages and aircraft rooms, dormitories, habitable rooms and in public corridors with a hangars. In Group S, Division 3 repair garages and storage minimum of 15 cubic feet per minute (7 Us) of outside air per garages and in Division 5 aircraft hangars, the mechanical venti- occupant during such time as the building is occupied. lating system required by Section 1202 2.1 may be omitted when, Bathrooms, water closet compartments, laundry rooms and in the opinion of the building official, the building is supplied with similar rooms shall be provided with natural ventilation by means unobstructed openings to the outer air that are sufficient to provide of openable exterior openings with an area not less than 1 /20 of the _ the necessary ventilation. floor area of such rooms with a minimum of 1 square feet (0.14 1202.2.7 Group S parldng garages. In Group S, Division 3 m 2) . ! ) parking garages, other than open parking garages, used for storing EXCEPTION: Laundry rooms in Group R, Division 3 Oceupan or handling automobiles operating under their own power and on ties. loading platforms in bus terminals, ventilation shall be provided In lieu of required exterior openings for natural ventilation in capable of exhausting a minimum of 1.5 cubic feet per minute bathrooms containing a bathtub, shower or combination thereof; (cfm) per square foot (0.71 IJs/m of gross floor area. The build- laundry ems; and similar rooms, a mechanical ventilation Sys- ing official may approve an alternate ventilation system designed tem connected directly to the outside capable of providing five air r' ' to exhaust a minimum of 14,000 cfm (6608 Us) for each operating changes per hour shall be provided. Such systems shall be con- � vehicle. Such system shall be based on the anticipated instants- nected directly to the outside, and the point of discharge shall be at neous movement rate of vehicles, but not less than 2.5 percent (or least 3 feet (914 mm) from any opening that allows air entry into one vehicle) of the garage capacity. Automatic carbon monoxide- occupied portions of the building. Bathrooms that contain only a sensing devices may be employed to modulate the ventilation sys- water closet, lavatory or combination thereof and similar rooms tem to maintain a maximum average concentration of carbon ma be ventilated with an approved mechanical recirculating fan _ monoxide of 50 parts per million during any eight -hour period, or similar device designed to remove odors from the air. I with a maximum concentration not greater than 200 parts per mil - ;;,: lion for a period not exceeding one hour. Connecting offices, wait- 1203A Yards or Courts. i ing rooms, ticket booths and similar uses shall be supplied with 1203.4.1 General. This section shall apply to yards and courts conditioned air under positive pressure. adjacent to exterior openings that provide required natural light or EXCEPTION: Mechanical ventilation need not be provided within ventilation. Such yards and courts shall be on the same property as a Group S, Division 3 parldng garage when openings complying with the building. Section 311 .9.2.2 are provided. 1203.4.2 Yards. Yards shall not be less than 3 feet (914 mm) in • width for one - and two -story buildings. For buildings more than SECTION 1203 — LIGHT AND VENTILATION IN two stories in height, the minimum width of the yard shall be in- GROUP R OCCUPANCIES creased -at the rate of 1 foot (305 mm) for each additional story. For buildings exceeding 14 stories in height, the required width of the 1203.1 General. For the purpose of determining the light or ven- yard shall be computed on the basis of 14 stories. tilation for Group R Occupancies required by this section, any 1203.43 Courts. Courts shall not be less than 3 feet (914 mm) in room may be considered as a portion of an adjoining room when width Courts having windows opening on opposite sides shall not one half of the area of the common wall is open and unobstructed be less than 6 feet (1829 mm) in width. Courts bounded on three or and provides an opening of not less than one tenth of the floor area more sides by the walls of the building shall not be less than 10 feet of the interior room or 25 square feet (2.3 m whichever is greater. (3048 mm) in length unless bounded on one end by a public way or yard. For buildings more than two stories in height, the court shall Exterior openings for natural light or ventilation required by be increased 1 foot (305 mm) in width and 2 feet (610 mm) in this section shall open directly onto a public way or a yard or court length for each additional story. For buildings exceeding 14 sto- as set forth in Section 1203.4. ries in height, the required dimensions shall be computed on the EXCEPTIONS: 1. Required exterior openings may open into a basis of 14 stories. roofed porch where the porch: Adequate access shall be provided to the bottom of all courts for 1.1 Abuts a public way, yard or court; cleaning purposes. Every court more than two stories in height 1.2 Has a ceiling height of not less than 7 feet (2134 mm); and shall be provided with a horizontal air intake at the bottom not less 1.3 Has a longer side at least 65 percent open and unobstructed. than 10 square feet (0.93 m in area and leading to the exterior of 2. Skylights. the building unless abutting a yard or public way. The construction of the air intake shall be as required for the court walls of the build - 1203.2 Light. Guest rooms and habitable rooms within a dwell- ing, but in no case shall be less than one -hour fire resistive. _ ing unit or congregate residence shall be provided with natural light by means of exterior glazed openings with an area not less SECTION 1204 -- EAVES than one tenth of the floor area of such rooms with a minimum of 10 square feet (0.93 m Where eaves extend over required windows, they shall project no EXCEPTION: Kitchens in Group R Occupancies may be pro- closer than 30 inches (762 mm) to any side or rear property line. vided with artificial light. See also Sections 503.2 and 705. 12033 Ventilation. Guest rooms and habitable rooms within a SECTION 1205 — ALTERNATE VENTILATION WHEN dwelling unit or congregate residence shall be provided with natu- APPLICABLE ral ventilation by means of openable exterior openings with an area of not less than 1 /20 of the floor area of such rooms with a 1205.1 General. Requirements for ventilation are included in minimum of 5 square feet (0.46 m Appendix Chapter 12 of this code. When adopted (see Section 1 -136 308.10 1997 UNIFORM BUILDING CODE 310A EXCEPTION: In rooms equipped with automatic door closers 2 feet (610 mm) of the draft curtain. The draft curtain shall enclose having integral smoke detectors on the room side, the integral detector the perimeter of the unenclosed opening and extend from the ceil- _ may substitute for the room smoke detector, provided it performs the thg downward at least 12 inches (305 mm) on all sides. The spac- required alerting functions. ing between sprinklers shall not exceed 6 feet (1829 mm). ti SECTION 309 - REQUIREMENTS FOR GROUP M 309.7 Sprinkler and Standpipe Systems. When required by OCCUPANCIES other provisions of this code, automatic sprinkler systems and standpipes shall be installed as specified in Chapter 9. 309.1 Group.M Occupancies Defined. Group M Occupancies 309.8 Special Hazards. For special hazards of Group M Occu- shall include buildings, structures, or portions thereof, used for panties, see Section 304.8. the display and sale of merchandise, and involving stocks of goods, wares or merchandise incidental to such purposes and Storage and use of flammable and combustible liquids shall be accessible to the public. Mercantile occupancies shall include, in accordance with the Fire Code. but are not limited to, the following: - Buildings erected or converted to house high -piled combus- 1. Department stores. tible stock or aerosols shall comply with the Fire Code. 2. Drug stores. SECTION 310 - REQUIREMENTS FOR GROUP R 3. Markets. OCCUPANCIES 4. Paint stores without bulk handling. 310.1 Group R Occupancies Defined. Group R Occupancies shall be: 5. Shopping centers. Division 1. Hotels and apartment houses. 6. Sales rooms. Congregate residences (each accommodating more than 10 7. Wholesale and retail stores. persons). For occupancy separations, see Table 3 -B. Division 2. Not used. 309.2 Construction, Height and Allowable Area. Division 3. Dwellings and lodging houses. Congregate residences (each accommodating 10 persons or 309.2.1 General. Buildings or parts of buildings classed in less). Group M Occupancy because of the use or character of the occu- For occupancy separations, see Table 3 -B. panty shall be limited to the types of construction set forth in P Paz Table 5 -B and shall not exceed, in area or height, the limits speci- A complete code for construction of detached one- and fied in Sections 504, 505 and 506. two - family dwellings is in Appendix Chapter 3, Division III, of 309.2.2 Special provisions. Storage areas in connection with this code. When adopted, as set forth in Section 101.3, it will take wholesale or retail sales shall be separated from the public area by Precedence over the other requirements set forth in this code. a one -hour fire - resistive occupancy separation. 310.2 Construction, Height and Allowable Area. EXCEPTION: Occupancy separations need not be provided when 310.2.1 General. Buildings or pails of buildings classed in any one of the following conditions exist: Group R because of the use or character of the occupancy shall be I. The storage area does not exceed 1,000 square feet (93 m2, limited to the types of construction set forth in Table 5 -13 and shall 2. The storage area is sprinklered and does not exceed 3,000 not exceed, in area or height, the limits specified in Sections 504, square feet (279 m 2 ), or 505 and 506. 3. The building is provided with an approved automatic sprinkler system throughout. 310.2.2 Special provisions. Walls and floors separating dwell- ing units in the same building, or guest rooms in Group R, Divi- 3093 Location on Property. For fire- resistive protection of sion 1 hotel occupancies, shall not be of less than one -hour exterior walls and openings, as determined by location on prop- fire - resistive construction. erty, see Section 503. Group R, Division 1 Occupancies more than two stories in 309.4 Access and Means of Egress Facilities. Means of egress height or having more than 3,000 square feet (279 m of floor shall be provided as specified in Chapter 10. area above the first story shall not be of less than one hour fire - resistive construction throughout, except as provided in Section Access to, and egress from, buildings required to be accessible 601.5.2.2. shall be provided as specified in Chapter 11. Storage or laundry rooms that are within Group R, Division 1 3095 Light, Ventilation and Sanitation. In Group M Occu- Occupancies that are used in common by tenants shall be sepa- pancies, light, ventilation and sanitation shall be as specified in rated from the rest of the building by not less than one -hour Chapters 12 and 29. fire- resistive occupancy separation. 309.6 Shaft and Exit Enclosures. Exits shall be enclosed as For Group R, Division 1 Occupancies with a Group S, Division „ specified in Chapter 10. 3 parking garage in the basement or first story, see Section 311.2.2. Elevator shafts, vent shafts and other openings throw floors For attic space partitions and draft stops, see Section 708. shall be enclosed, and the enclosure shall be as specified m Sec- tion 711. 3103 Location on Property. For fire- resistive protection of ex- In buildings housin g Group equipped with terior walls and openings, as determined by location on property, P M Occupancies P es q ui automatic sprinkler systems throughout, enclosures need not be see Section 503 and Chapter 6. provided for escalators where the top of the escalator opening at 310.4 Access and Means of Egress Facilities and Emergency each story is provided with a draft curtain and automatic fire Escapes. Means of egress shall be provided as specified in sprinklers are installed around the perimeter of the opening within Chapter 10. (See also Section 1007.6.2 for exit markings.) 1 -26 1997 UNIFORM BUILDING CODE 310.4 310.9.1.3 Access to, and egress from, buildings required to be accessible If any room has a furred ceiling, the prescribed ceiling height is shall be provided as specified in Chapter 11. required in two thirds the area thereof, but in no case shall the Basements in dwelling units and every sleeping room below height of the furred ceiling be less than 7 feet (2134 mm). ' the fourth story shall have at least one operable window or door 310.6.2 Floor area. Dwelling units and congregate residences approved for emergency escape or rescue that shall open directly shall have at least one room that shall have not less than 120 into a public street, public alley, yard or exit court. The emergency square feet (11.2 m of floor area. Other habitable rooms except door or window shall be operable from the inside to provide a full, kitchens shall have an area of not less than 70 square feet (65 m ). clear opening without the use of separate tools. Efficiency dwelling units shall comply with the requirements of EXCEPTION: The window or door may open into an atrium com- Section 310.7. plying with Section 402 provided the window or door opens onto an 310.63 Width. Habitable rooms other than a kitchen shall not ' exit - access balcony and the dwelling unit or guest room has an exit or exit -access doorway that does not open into the atrium. be less than 7 feet (2134 mm) in any dimension. Escape or rescue windows shall have a minimum net clear 310.7 Efficiency Dwelling Units. An efficiency dwelling unit openable area of 5.7 square feet (0.53 m The minimum net clear shall conform to the requirements of the code except as herein openable height dimension shall be 24 inches (610 mm). The provided: ` minimum net clear openable width dimension shall be 20 inches 1. The unit shall have a living room of not less than 220 square (508 mm). When windows are provided as a means of escape or feet (20.4 m of superficial floor area. An additional 100 square rescue, they shall have a finished sill height not more than 44 in- ches (1118 mm) above the floor. feet (9.3 m of superficial floor area shall be provided for each occupant of such unit in excess of two. Escape and rescue windows with a finished sill height below 2. The unit shall be provided with a separate closet. the adjacent ground elevation shall have a window well. Window wells at escape or rescue windows shall comply with the follow- 3. The unit shall be provided with a kitchen sink, cooking ing: appliance and refrigeration facilities, each having a clear working I. The clear horizontal dimensions shall allow the window to space of not less than 30 inches (762 nun) in front. Light and ven- be fully opened and provide a minimum accessible net clear open- tilarion conforming to this code shall be provided. ing of 9 square feet (0.84 m with a minimum dimension of 4. The unit shall be provided with a separate bathroom contain- ' 36 inches (914 mm). ing a water closet, lavatory and bathtub or shower. 2. Window wells with a vertical depth of more than 44 inches 310.8 Shaft and Exit Enclosures. Exits shall be enclosed as (1118 mm) shall be equipped with an approved permanently af- specified in Chapter 10. fixed ladder or stairs that are accessible with the window in the Elevator shafts, vent shafts, dumbwaiter shafts, clothes chutes . fully open position. The ladder or stairs shall not encroach into the and other vertical openings shall be enclosed and the enclosure required dimensions of the window well by more than 6 inches shall be as specified in Section 711. (152 mm). In nonsprinklered Group R, Division 1 Occupancies, corridors Bars, grilles, grates or similar devices may be installed on serving an occupant load of 10 or more shall be separated from emergency escape or rescue windows, doors or window wells, corridors and other areas on adjacent floors by not less than ap- provided: proved fixed wired glass set in steel frames or by 20- minute 1. The devices are equipped with approved release mecha- smoke- and draft - control assemblies, which are automatic clos- nisms that are openable from the inside without the use of a key or ing by smoke detection. special knowledge or effort; and 310.9 Smoke Detectors and Sprinkler Systems. 2. The building is equipped with smoke detectors installed in 310.9.1 Smoke detectors. accordance with Section 310.9. 310.5 Li 310.9.1.1 General. Dwelling units, congregate residences and ght, Ventilation and Sanitation. Light and ventilation hotel or lodging house guest rooms that are used for sleeping pur- F shall be as specified in Chapter 12. The number of plumbing fix- poses shall be provided with smoke detectors. Detectors shall be tares shall not be less than specified in Section 2902.6. installed in accordance with the approved manufacturer's instruc- 310.6 Room Dimensions. tions. 310.6.1 Ceiling heights. Habitable space shall have a ceiling 310.9.1.2 Additions, alterations or repairs to Group R Occu- height of not less than 7 feet 6 inches (2286 mm) except as other- panties. When the valuation of an addition, alteration or repair wise permitted in this section. Kitchens, halls, bathrooms and toi- to a Group R Occupancy exceeds $1,000 and a permit is required, let compartments may have a ceiling height of not less than 7 feet or when one or more sleeping rooms are added or created in exist- ; (2134 mm) measured to the lowest projection from the ceiling. ing Group R Occupancies, smoke detectors shall be installed in Where exposed beam ceiling members are spaced at less than accordance with Sections 310.9.1.3, 310.9.1.4 and 310.9.15 of 48 inches (1219 mm) on center, ceiling height shall be measured this section. to the bottom of these members. Where exposed beam ceiling EXCEPTION: Repairs to the exterior surfaces of a Group R 0cm- members are spaced at 48 inches (1219 mm) or more on center, panty are exempt from the requirements of this section. ceiling height shall be measured to the bottom of the deck sup- 310.9.1.3 Power source. In new construction, required smoke ported by these members, provided that the bottom of the mem- bers is not less than 7 feet (2134 mm) above the floor. detectors shall receive their primary power from the building wir- ing when such wiring is served from a commercial source and If any room in a building has a sloping ceiling, the prescribed shall be equipped with a battery backup. The detector shall emit a ceiling height for the room is required in only one half the area signal when the batteries are low. Wiring shall be permanent and thereof. No portion of the room measuring less than 5 feet (1524 without a disconnecting switch other than those required for over - mm) from the finished floor to the finished ceiling shall be in- current protection. Smoke detectors may be solely battery oper- cluded in any computation of the minimum area thereof. ated when installed in existing buildings; or in buildings without 1-27 Donna E. Hanbery, Hanbery, Neumeyer and Carney, P.A. 4• Density /Occupancy Limits. Restrictions on numbers of people per unitibedroom maybe acceptable but beware of restrictions that have a negative impact on families. A limitation like the following may be acceptable: Efficiencies 1 person s 1 bedroom — 2 persons 2 bedrooms — 4 han rsons (could restrict to no more 2 o_ r 3 adults plus children) 3 bedrooms -- 6 persons (could restrict to 2 or 3 adults plus children) Any standard stricter than this is likely to be found to have anegative impact on families. The burden will be on you to show that the standard is not unnecessarily restrictive.` Because children generally do not have cars, parking restrictions are not a -good enough - reason. Physical limitations of building systems, such as unusually small sewer or septic systems, might be grounds fora more restrictive density standard. Likewise, if a bedroom is so small that a local building or zoning code provides that it can only be occupied by one person, then a more strict standard could be upheld. Although HUD will not generally � Pursue an action against an owaer for having an occupancy standard no more restrictive than two persons per bedroom, the State of Minnesota takes th e position that "two persons per bedroom" is not "safe" unless it is required by a local building code. Circumstances where there is an extra room, such as a den, or unusually large bedrooms and living areas would make it harder to defend- a two person per bedroom .f"'„::e',t- standard. - L ` ' Because additional persons do cause extra "wear and tear," rents could be set based on the ° number of occupants per unit without being "discriminatory" �P P g " ry' if done across the board. ` This is an area where what is said, rather than what is done and enforced, may make a big :r difference in a case. Telling an applicant, "Your household size is too large," may avoid legal challenge. Telling an applicant, "You have too many children," invites a discrimination challenge. 5.. Application Requirements. It is PP eq acceptable to have applicants produce photo identification and to have all applicants sign application. You can refuse to process an incomplete " application or an y required app application without an aired fee. Be sure to do this on an evenhanded t =- basis with all persons. WAR Section S. M Q � . Until March, 1998, it was generally accepted that a property owner /manager could refuse to participate in the Section 8 program without committing illegal discrimination. In March, 1998, the Legal Aid Housing Discrimination Law Project commenced a lawsuit challenging an owner's right to refuse to participate in the Section 8 program. The lawsuit made no distinction between Section 8 certificates and vouchers. The a '?. position of Legal Aid is that Section 8 constitutes public assistance and even though state and • federal agencies have been telling landlords that the program is "voluntary," a landlord cannot choose not to participate without a risk of suit. Although the suit was dropped at the Plaintiffs request in June, this is an area to watch as it is likely that future court actions, and legislation, will be needed to address and clarify this question. City of Brooklyn Center Section 12 -201. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this ordinance: I. Approved - acceptable to the jurisdiction having authority and meeting all applicable jcodes. 2. Accessory structure - a structure subordinate to the main or principal building which is not used nor authorized to be used for living or sleeping by human occupants and which is located on or partially on the premises. 3. Building - any structure used or intended for supporting or sheltering any use or occupancy. 4. Compliance Official - the city manager and his designated agents authorized to administer and enforce this ordinance. 5. Dwelling - a building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including one - family dwellings, two - family dwellings, and multiple family dwellings; but not including hotels and motels. 6. Dwelline unit - a single residential accommodation which is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one family. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located. 7. Family - any of the following definitions shall apply: -A person or persons related by blood, marriage, or adoption, together with his or their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit; -Group or foster care of not more than six (6) wards or clients by an authorized person or persons, related by blood, marriage, or adoption, together with his or their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency; -A group of not more than five (5) persons not related by blood, marriage or adoption maintaining a common household in a dwelling unit. 8. Flush water close - an approved toilet, with a bowl and trap made in one piece, which is connected to the City water and sewer system or other approved water supply and sewer system. • 12 -2 Section 12 -408. DOOR LOCKS. No owner shall occupy nor let to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped with safe, functioning locking devices. Multiple family dwellings shall be furnished with door locks as follows: 1. For the purpose of providing a reasonable amount of safety and general welfare for persons occupying multiple family dwellings constructed after May 5, 1969, an approved security system shall be maintained for each multiple family building to control access. The security system shall consist of locked building entrance or foyer doors, and locked doors leading from hallways into individual dwelling units. Dead -latch type door locks shall be provided with lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of building entrance doors. Building entrance door latches shall be of a type that are permanently locked from the outside and permanently unlocked from the inside. 2. Every door that is designed to provide ingress or egress for a dwelling unit within a multiple family building shall be equipped with an approved lock that has a deadlocking bolt that cannot be retracted by end pressure, provided, however, that such door shall be openable from the inside without the use of a key or any special knowledge or effort. Section 12 -501. MINIMUM STANDARDS FOR LIGHT AND VENTILATION. No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements. Section 12 -502. HABITABLE ROOM LIGHT AND VENTILATION. Except where there is supplied some other device affording adequate ventilation and approved by the compliance official, every habitable room shall have at least one window facing directly outdoors which can be opened easily. The minimum total of openable window area in every habitable room shall be the greater of 10% of the floor area of the room or ten square feet. One half of the required window area shall be openable. Section 12 -503. NONHABITABLE ROOM VENTILATION. Every bathroom and water closet compartment, and every laundry and utility room shall contain at least 50% of the ventilation requirement for habitable rooms contained in Section 12 -502, except that no windows shall be required if such rooms are equipped with a ventilation system which is approved by the compliance official. 12 -9 Section 12 -712. DISCONTINUANCE OF SERVICE OR FACILITIES. No owner, operator, • ` or occupant shall cause any service, facility, equipment or utility which is required under this ordinance, to be removed from or shut off from or discontinued for any occupied building or portion thereof, except for such temporary interruptions as may be necessary while actual repairs or alterations are in process, or during temporary emergencies. Section 12 -713.. SCREENING. All outside trash disposal facilities, recycling containers, and outside or rooftop mechanical equipment shall be screened from view by an opaque fence or wall high enough to completely screen the equipment. Section 12 -801. MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATION REQUIREMENTS. No person shall occupy nor permit or let to be occupied any dwelling or dwelling unit for the purpose of living therein, which does not comply with the following requirements. Section 12 -802. PERMISSIBLE OCCUPANCY OF DWELLING UNIT. With the exception of owners occupying a respective dwelling unit prior to June 1, 1975, the maximum permissible occupancy of any dwelling unit shall be determined as follows: 1. For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. • 2. In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. Section 12 -803. ONE FAMILY PER DWELLING UNIT. Not more than one family, except for temporary guests, shall occupy a dwelling unit. Section 12 -804. M[INIMUM CEILING HEIGHT. In order to qualify as habitable, rooms shall have a clear ceiling height of not less than seven feet, six inches, except that in attics or top -half stories used for sleeping, study, or similar activities, the ceiling height shall be not less than seven feet six inches over at least one -half of the floor area. In calculating the floor area of such rooms in attics or top -half stories, only those portions of the floor area of the room having a clear ceiling height of five feet or more may be included. Section 12 -805. ACCESS THROUGH SLEEPING ROOMS AND BATHROOMS. No dwelling unit built after 1940 and containing two or more sleeping rooms shall have a room arrangement such that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be gained only by going through another sleeping room, nor shall the room arrangement be such that access to a sleeping room can be gained only by going through another sleeping room. A bathroom or water closet compartment shall not be used as the only passageway to any habitable room, hall, basement or cellar or to the exterior of any dwelling unit. 12 -13 MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE . CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR SESSION NOVEMBER 16, 1999 CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center Housing Commission was called to order by Chairperson Erickson at 7 p.m. ROLL CALL Chairperson Ernie Erickson, Commissioners James Lano, Muhammed Okoya - Lawal, Lloyd Deuel, Kathleen Carmody, Michael VonDeLinde, Mark Yelich and Donald Arm. Also in attendance was Community Development Specialist Tom Bublitz. Councilmember Ed Nelson was attending a Council Work Session and was absent from the meeting. APPROVAL OF AGENDA • There was a motion by Commissioner Carmody and seconded by Commissioner Deuel to approve the agenda as submitted. The motion passed. APPROVAL OF MINUTES - October 19, 1999 There was a motion by Commissioner Carmody and seconded by Commissioner Deuel to approve the minutes of the October 19, 1999 Housing Commission meeting as submitted. The motion passed. CHAIRPERSONS REPORT Chairperson Erickson noted that in the past Commission Chairs had received Council minutes and noted that he has not been receiving the minutes. The staff liaison noted he would look into this matter and see whether or not the minutes could be sent to the Chair. CONTINUED DISCUSSION OF HOUSING IMPROVEMENT AREA AND REVIEW OF BROOKLYN PARK TOWNHOUSE LOAN PROGRAM Chairperson Erickson noted that at the last Housing Commission meeting the issue of 3 % loan money offered by Brooklyn Park was addressed by the representatives from the townhouse associations. Chairperson Erickson recognized Mr. Roger Gorman, CEO of Impact Management Services a corporation in Brooklyn Center that manages townhouse associations. Mr. Gorman distributed information to the Commission showing a proposed budget for Mallard Pond Twinhome 11 -16 -99 -1- Association demonstrating that a 3 % interest rate was needed to make the loan payments feasible for this association. For comparison purposes an 8 % interest rate was also analyzed in a cash flow table. It was Mr. Gorman's contention that a 3 % interest rate was necessary to make the loan feasible for the townhouse associations he represented. The Community Development Specialist explained that he had met with staff from the City of Brooklyn Park and Brooklyn Park staff had informed him that the 3 % loan money, initially offered through Brooklyn Park's Townhouse Loan Program, was an introductory rate and that the current rate on loans for townhouse associations in Brooklyn Park is at 7 %. He also noted that Brooklyn Park did not make use of the state Housing Improvement Area Statute but instead developed its' own program because they felt the state Housing Improvement Area Statute was too cumbersome. Brooklyn Park used money from a special set aside of funds from tax increment received on various projects. The set aside was developed through special legislation which provides a certain percentage of tax increment dollars be set aside for housing programs. Mr. Gorman continued to review the handout on the reserve analysis and cash flow information regarding 3 % and 8% interest rates on loans to the associations he manages. He noted that the Mallard Creek and Mallard Pond Twinhomes Associations are looking for funds for replacement of siding and gutters. He noted the association fee is currently $156 per month at Mallard Pond and also noted that the association could only handle a loan if it was at a 3 % to 5 % interest rate. Commissioner Arm inquired what would happen in the associations if 3% money was not available. Mr. Gorman replied that the association could special assess for the money or simply not do the siding and gutter replacement. Mr. Gorman also noted that he manages associations in Brooklyn Park and that he is aware of associations who have a need for loans to do improvements but have refused the 7 % money as it was not feasible for them at a 7 % rate. Commissioner Carmody questioned how the City could arrive at a 3 % interest rate for loans. The Community Development Specialist again reviewed the City's policy on interest rates for public improvements which essentially specifies that the interest rate is to be 2 points above the interest rate of the last bond issue of the City with a ten year term on the loan. Chairperson Erickson inquired how many associations Mr. Gorman's company manages in the City of Brooklyn Center. Mr. Gorman replied that he manages the 3 associations listed, Mallard Pond Twinhomes, Mallard Creek and Brookwood. Commissioner Arm expressed concern as to whether or not the City could actually afford to offer a 3 % interest rate. Commissioner Deuel noted that the Housing Commission is concerned about proper maintenance of townhomes and that this is an important issue in his opinion. Chairperson Erickson referred back to the City of New Hope townhouse loan project reviewed at the last meeting and accomplished under the Housing Improvement Area Act. He noted that the New Hope townhouse complex had a long list of serious problems and failures with their • units and the total cost was $600,000 for repair of 30 to 40 units with a significant amount going for administrative and inspection costs. 11 -16 -99 -2- • Commissioner Yelich commented that he was concerned about subsidizing a loan interest rate for a specific group and would prefer that market rate financing be used for any loan program. Commissioner Carmody commented that, a few years ago when the City Council reviewed the Deferred Loan Program for single family homes, the City could only spend $15,000, through its CDBG program, for home improvements even though many of the homes needed $25,000 to $35,000 to complete the repairs. This resulted in accomplishing only a small amount of the repairs needed on each home and at that time the Council looked at the concept of dividing the City into districts and to do loans on a larger geographic scale and also to provide enough money to each homeowner to complete all the necessary repairs. The concept at that time was to buy down the interest rate on the loans and at the time it was her recollection that staff thought the rate could possibly be bought down to 5 %. She noted that there were problems with CDBG regulations in accomplishing a program of buying down interest rates and the project was not pursued. Chairperson Erickson inquired of Mr. Gorman as to whether or not the problems with the associations he represents are severe enough for associations to consider a market rate loan. Mr. Gorman replied that his believe was that the maximum interest rate the associations could afford would be 5 Chairperson Erickson noted that this past weekend he drove by the Brookwood Townhouse complex noting that they are very attractive looking units and are well maintained. He noted that • it appears, from talking to the association representatives and Mr. Gorman, that the 3 associations are spending a considerable amount per year to maintain their properties in a quality manner. Chairperson Erickson invited comments from the commission regarding a potential loan program for townhouses in Brooklyn Center. Commissioner Arm suggested that the Housing Commission obtain some input from the City staff, in particular the Finance Director, with regard to what interest rates could be for developing a loan program. Commission members requested the Community Development Specialist to discuss the issue of developing a townhouse loan program with the City Manager and Community Development Director and also to review any potential revenue sources for such a program. Commissioner Lano noted that he recently had home repairs done on his single family home and paid a 9% interest rate for the money. He questioned why townhouse associations could not absorb a similar interest rate. He noted that he had lived in a townhouse development and expressed the concern that townhomes are requesting special financing for home repairs. Commissioner Arm made a motion that the City's Community Development Director or another staff person attend the next Housing Commission meeting to discuss potential revenue sources and potential interest rates for a townhouse loan program. • 11 -16 -99 -3- I Chairperson Erickson noted that the staff may be able to do this with a memo rather than • attending the meeting. - Commissioner Arm revised his motion to state that the Housing Commission's consideration of a loan program for townhouse associations be tabled pending further information from the City's Community Development Director or Finance Director with regard to interest rates and revenue sources. The motion was seconded by Commissioner Deuel. The motion passed. Commissioner Carmody suggested that the Housing Commission also obtain some input from the City Council regarding whether or not they would be interested in pursuing a townhouse loan program. REVIEW OF OCCUPANCY LIMITS SURVEY OF CITIES The Community Development Specialist noted he had surveyed other cities with regard to their ordinances relative to occupancy limits and noted he had received results from Brooklyn Park, Maple Grove, Plymouth, Robbinsdale, New Hope and Crystal. Also included were the occupancy standards listed in the Uniform Housing Code and the Uniform Building Code. Commission members briefly reviewed the memorandum from the City Attorney's office regarding occupancy limits. • Commissioner Yelich questioned whether the provisions inSection 319:55 subdivision la and b of the Brooklyn Park ordinance, which addressed the limitation of occupancy of a rental dwelling unit to a specified number of square feet of habitable room floor space and subdivision 2, which specified not more than one family, except for temporary guests, shall occupy a dwelling unit, were mutually exclusive or worked in conjunction. Commissioner Carmody stated that she believed both subdivisions worked together and that one did not exclude or make an exception for the other. Chairperson Erickson left the meeting at 7:55 p.m. In discussion of the existing provisions of the City code with regard to occupancy, Commissioner Carmody stated that she does not believe the City is enforcing the ordinance now and that she does not see how this type of ordinance would be enforceable. Commissioner Yelich inquired whether the current code is adequate and if not what recommendation should the Housing Commission make to the City Council. Chairperson Erickson returned to the meeting at 8 p.m. Commissioner Lano inquired as to what brought the issue to the Housing Commission in the first place. The Commission discussed briefly how the issue came before the Housing Commission • noting that it was contained in the Council's 1999 goals and that generally the occupancy issue 11 -16 -99 -4- addressed single family homes in the City. It was noted that one of the items that brought the issue to the attention of the Council was houses that had a great number of cars in the driveway indicating a large number of people living in the house. Commissioner Carmody again referred to how the City could enforce any change in the ordinance making it more restrictive when it appears the existing ordinance is not possible to enforce adequately. After continued discussion by the Housing Commission there was a motion by Commissioner Carmody and seconded by Commissioner Deuel to recommend to the City Council, after consideration by the Housing Commission of the city's existing occupancy ordinance provisions and, after reviewing occupancy ordinances from numerous cities, that the existing occupancy requirements as contained in Chapter 12 of the Builidng Maintenance Code, should not be amended. Upon a vote being taken on the motion, the following voted in favor: Commissioners Erickson, Lano, Okoya - Lawal, Deuel, Carmody, VonDeLinde and Yelich. Voting against: Commissioner Arm. There was a motion by Commissioner Yelich and seconded by Commissioner Arm that if there are concerns about the occupancy of dwelling units in the City, the City should address the issue by enforcing the existing ordinance. The motion passed. OTHER BUSINESS Commissioner Deuel noted that information from the last Housing Commission meeting inferred • that the townhouses built at Brookwood, Mallard Creek and Mallard Ponds may have been built with inferior products, and in the case of the Mallard Pond area, built on swampy ground. Commissioner Deuel inquired as to whether or not these kinds of things are still occurring or has the situation with regard to construction materials improved. Chairperson Erickson noted that sometimes products on the market that have been approved for construction have inadequate testing. He noted it is known that some products approved for use do not work and he cited the example in the past of plastic water pipes which were approved for home construction and which later failed in performance. He noted the plastic pipes went on the market and were not adequate for home construction. He noted that most of the plastic water pipes were used in the southern United States and not in Minnesota. Commissioner Arm noted another example of an item that had been approved for home construction was aluminum wiring which proved to be a fire hazard. Commissioner Deuel noted that he had attended a Townhall meeting the other night hosted by Representative Phil Carruthers and Senator Linda Scheid. He noted that at the meeting category 1 homes were discussed and he noted that currently there is a moratorium on the implementation of category 1 homes. He noted that he wondered why the category 1 home provisions cannot be adopted since they appear to provide a better constructed home. • Commissioner Yelich stated that he would like the Housing Commission to look at the enforcement sections of Chapter 12 specifically 12 -1001 to 12 -1302 at the next meeting. 11 -16 -99 -5- • There was a general consensus of commission members to put a review of Chapter 12 on the next agenda. Chairperson Erickson inquired if there was any additional business. There was no additional business brought forth by the Housing Commission and Chairperson Erickson entertained a motion for adjournment. Commissioner Okoya -Lawal noted that he would not be able to attend the December Housing Commission meeting since he had a previous commitment related to his work. ADJOURNMENT There was a motion by Commissioner Carmody and seconded by Commissioner Arm to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 8:20 p.m. Chairperson • • 11 -16 -99 -6- City Council Agenda Item No. 81 NOTICE OF PUBLIC HEARINGS • ON A POLICY AND CRITERIA FOR GRANTING BUSINESS SUBSIDIES AND ON THE GRANT OF A BUSINESS SUBSIDY FOR THE BROOKDALE MALL PROJECT NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center, Minnesota, will hold public hearing on Monday, January 24, 2000, at a meeting of the City Council beginning at 7 p.m., Central Time, or as soon thereafter as the matter may be heard, in the City Council Chambers, on the proposed adoption of the City's Business Subsidy Policy under Minnesota Statutes, Sections 116J -993 through 116J.995 (the "Business Subsidy Policy "). [Following the public hearing on the Business Subsidy Policy, the City will hold a public hearing on a business subsidy to be granted pursuant to a Development Agreement with Talisman Brookdale, LLC, (the ` Brookdale Business Subsidy Agreement ") in connection with the renovation of the Brookdale Mall.] All persons may appear at the public hearing and present their views orally or in writing. A copy of the proposed Business Subsidy Policy and the Brookdale Business Subsidy Agreement are on file and may be obtained at the office of the City Clerk. • CITY OF BROOKLYN CENTER • BUSINESS SUBSIDY POLICY The following business subsidy policy is intended to satisfy the requirements of Minnesota Statutes, Sections 116J.993 and 116J.994 (the "Act"), in particular, Section 116J.994, subdivision 2, thereof. Terms used but not defined herein have the meaning given them in the Act. The term "City" shall mean the City of Brooklyn Center. The term "Project" means the property with respect to which the Business Subsidy is provided. A. MANDATORY CRITERIA All Projects must comply with the following criteria: 1. But For Test. There is a substantial likelihood that the Project would not go forward without the Business Subsidy. This criterion may be met based solely on representations of the recipient of the Business Subsidy. 2. Waae Policy. If the Project results in an obligation to create new jobs pursuant to a subsidy agreement, the wage for each part-time and full -time job required to be created pursuant to the subsidy agreement shall, within two years of the benefit date, pay at least $7.00 per hour. • 3. Feasibility. The recipient must demonstrate to the satisfaction of the City that the Project has been adequately financed and either has been or will be completed in a timely fashion. 4. Compliance with Act. The Business Subsidy must satisfy all requirements of the Act. B. EVALUATIVE CRITERIA The following criteria recognize that the award of a Business Subsidy may serve a variety of public purposes of varying importance depending upon the specific Project facilitated by the Business Subsidy. The degree of importance to be attached to various public purposes which may be served by a particular Project must therefore involve the exercise of sound judgment after weighing all relevant criteria. Not all evaluative criteria will be applicable to all projects. In any event, the City may disregard any evaluative criterion it determines to be either irrelevant or unimportant in the case of the particular project, as permitted by the Act. The evaluative criteria are as follows: 1. Jobs The number of full -time equivalent jobs to be created or retained by the proposed Project for a period of at least two years from the estimated benefit date. • 2. Tax Base. The net increase in property taxes estimated to be generated by the Project in the first full year of operation. . 3. Services to the Community. Whether the Project will provide services or facilities needed in the community. For example, the Project may provide needed health care services, commercial facilities, or other services or facilities needed in the community. 4. Blighted Property. Whether the Project is located on property which is, or is likely to become blighted, and is not likely to be developed or redeveloped because of the blight or other adverse conditions. 5. Design and/or Other Amenitv Concessions. Whether, as a result of the Business Subsidy, the Project will include design and/or amenity features not otherwise required by law. 6. Compatibility. Whether the Project is compatible with the comprehensive plan. 7. Utilization of Existing Infrastructure Investment. Whether and to what extent the Project will utilize existing public infrastructure capacity or will require additional publicly funded infrastructure. 8. Leveraged Public Funds. The ratio of private funds which will be applied towards the capital cost of the project compared to the Business Subsidy. 9. Other Factors. Depending on the nature of the Project, such other factors as the City may deem relevant in evaluating the Project and the Business Subsidy proposed for it. • City Council Agenda Item No. 8m Office of the City Manager City o f Brooklyn Center • A great place to start. A great place to stay. Michael J. McCauley City Manager MEMORANDUM TO: Mayor Kragness, Councilmembers Hilstrom, Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: January 7, 2000 SUBJECT: Council Agenda Item No. 8m - Lease/Purchase by Independent School District No. 286 of Humboldt Liquor Store Attached please find the draft ordinance providing for the sale of Lot 2, Block 1, Horbal Addition in the City of Brooklyn Center. • Attachment 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of February, 2000, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance providing for the sale of land described as Lot 2, Block 1, Horbal Addition. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the City Clerk at 612 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE SALE OF LOT 2, BLOCK 1, HORBAL ADDITION IN THE CITY OF BROOKLYN CENTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN that the Mayor and City Manager are authorized and directed to execute and deliver that certain Lease Agreement presented to the City Council at its regular meeting of January 10, 2000, providing for the lease and sale of property legally described as Lot 2, Block 1, Horbal Addition according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Hennepin County, State of Minnesota, to Independent School District No. 286, and to take all steps provided for therein to effect the transfer and sale of said property. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2000. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) i JAN e6 'ee e9:19RM BC ISD #286 DISTRICT OFFICE F.1/6 RAMR ROSZAK & MALONEY, P.A. Attorneys at Law Pad C. Ratwik 300 Peavey Building Mmrg fd A. Skelton John M. Rosrak 730 Second Avenue South Amy E. Mace Patricia A Maloney* Minneapolis, Minnesota 55402 Erin K Manson R � Terrence J. Foy Anne C. Becker Stepbm G. Aodamm'+ Holly Lindquist Thomas Scott T. Audcmn (612) 339 -0060 - - Kevin J. Rupp Fax (612) 339 -0038 • Also admitted in Wisconsin Jay T. Sgnim*t '• Civil Trial Specialist Aim R. Goering Certified by the Mit¢tesota Nancy E. Bluamstein• State Bar Association Sara 1. Ruff t Real Property Law Specialist Joseph J. Langd Certified by the Mimtmu Michael J. WaldspurW State Bar Association December 10, 1999 Ms. All Schwint µ Brooklyn Center SAW District 6500 Humboldt Avmuo North Brooklyn Center, UN 55430 -1897 RE: Lease of City Building Our Pile No.: 0286 -0047 Dear Ms. Schwint: • Enclosed find a copy of the Lease for the former City liquor store building, modified pursuant to our telephone conversation. A copy is also being sent to City Manager Michael McCauley. Please contact either of the undersigned if you have any questions on this matter. Very truly yours, Jay T. Squires Sara J. Raiff Enc. SJR1sjr • 0 JAN 06 1 00 11:20AM BC ISD #286 DISTRICT OFFICE • LEASE AGREEMENT This Lease Agreement, made this day of , 1999, between THE CITY OF BROOKLYN CENTER ( hereinafter called "Landlord") and INDEPENDENT SCHOOL DISTRICT NO. 286, BROOKLYN CENTER (hereinafter "Tenant"). WITNESSETH FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid by each of the parties to the other, and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 1: PREMISES Landlord hereby leases to Tenant and Tenant hereby rents from Landlord, subject to and with benefit of the terms, covenants, conditions and provisions of this Lease, the property described in Exhibit A, including all improvements located thereon. • ARTICLE 2: LANDLORD WARRANTIES ration has the right to Landlord hereby warrants that it and no other person or corporation lease the Premises hereby demised. So long as Tenant shall perform each and every covenant to be performed by Tenant hereunder, Tenant shall have peaceful and quite use and possession of the Premises without hindrance on the part of Landlord, and Landlord shall warrant and defend Tenant in such peaceful and quiet use and possession under Landlord. ARTICLE 3: TERM F Term beginning , 1999 and Thus Lease shall be fora our Year T gu►wng on ceding on , I999. ARTICLE 4: l[MPROVEMENT OF THE PREMISES A. Performance of Work. Tenant shall have the right to improve the Property and Buildings located thereon, consistent with the Tenant's use of the Property for educational purposes. Tenant agrees that the improvement • work shall be done in a good and workmanlike manner employing good materials and so as to conform to all building codes and regulations. B. Landlord Improvements. The parties contemplate that the Premises are to be improved for Tenant's intended use. Landlord appoints Tenant as JAN 06 1 00 11 :21AM BC ISD #286 DISTRICT OFFICE .2/6�' • agent to undertake the design and improvement work. Tenant shall be solely responsible for payment.for the improvement work, which the parties have considered in negotiation of the rent for the Premises. ARTICLE S: RENT Tenant covenants and agrees to pay to Landlord, at the address set out in the heading of this Lease, or at such other places as Landlord may designate in writing to Tenant, rental at the following rates and times: A. Annual Minimum Rent Tenant shall pay $70,000 annually during the Term of this Lease, which sum shall be payable in two (2) biannual installments, on or before the first day of July and December, in advance. ARTICLE 6: UTILITY SERVICES A. Gas, Electricity,,' Water and Sewer. Landlord agrees to cause mains, conduits and other facilities to be provided which are capable of supplying gas, electricity, water and sewer service to the Premises or to nearby places. Tenant shall pay for all gas, electricity, water and sewer service used in the • Premises. ARTICLE 7: INSURANCE A. Tenant's Insurance. (i) Liability Insurance. During the Term hereof, Tenant shall keep in full force and effect, at its expense, a policy or policies of public liability insurance with respect to the Premises and the business of Tenant and any approved subtenant, licensee, or concessionaire, with limits of liability equal to the limit of liability imposed by Minn. Stat. §466.04. Tenant shall furnish Landlord with certificates evidencing that such insurance is in eAWt (ii) Workers' Compensation. The Tenant shall keep in force, at its expense, Workers' Compensation or similar insurance affording statutory coverage and containing statutory limits. At the written request of Landlord, Tenant agrees to fiunish to Landlord evidence of Workers' Compensation coverage. (iii) During the Term hereof Tenant agrees to carry, at its expense, insurance • for fire and Extended Coverage, insuring for the frill insurable value of Tenant's merchandise, trade fixtures, furnishings, operating equipment, and personal property, including wall coverings, carpeting and drapes. JAN 06 1 00 11:22AM BC ISD #286 DISTRICT OFFICE r.oro r B. Landlord's Insurance. Landlord agrees to carry during the Term hereof insurance for fire and Extendeds Coverage, insuring the improvements located upon the Premises including the Premises and all appurtenances thereof (except Tenant's merchandise, fixtures, furnishings, operating equipment and personal properly) for the full insurable value thereof. f Deductibles for all Landlord's insurance required herein shall be commercially reasonable. The Tenant agrees to reimburse the Landlord for the cost of providing such insurance. C. Release. Anythingin this Lease to the contrary notwithstanding it is agreed that each party (the "Releasing Party") hereby releases the other (the "Released Party") from liability which the Released Party would, but for this Article, have had to the Releasing Party during the Term of this Lease, resulting from the occurrence of any accident or occurrence or casualty (1) which is actually covered by a fire and extended coverage policy (with a vandalism and malicious mischief endorsement attached) or by a sprinkler leakage, boiler and machinery or water damage policy in the State of Minnesota, or (2) which is actually covered by any other insurance being carried by the Releasing Party at • the time of such occurrence. This mutual release shall only be operative to the extent it does not compromise any of the referenced insurance policies and coverages and protections afforded thereunder. ARTICLE 8: EMINENT DOMAIN In the event the whole or any part of the Premises shall be taken by eminent domain, the Tenant shall be entitled to all awards made as a result of the taking, and the obligation of Tenant to pay lease payments shall continue. ARTICLE 9: DAMAGE TO PROPERTY In the event the Premises are damaged by fire, or other casualty insured under the coverage which Landlord is required to provide, Landlord shall transmit all improvement proceeds to Tenant, and Tenant's obligation to pay rent shall continue. ARTICLE 10: TERMIIVATION OF LEASE • At the and Ter m, e of the Lease T , the Landlord shall take such action as is necessary to transfer the fee interest in the Property to the Tenant, unless the Tenant has given written notice to the Landlord to the contrary. The Tenant will provide written notice to JAN 06 '00 11:22RM BC ISD #286 DISTRICT OFFICE r.ti�v the Landlord no less than 30 days prior to the termination of this lease, if the fee interest • in the Property is not to transfer to the Tenant. In such case, the fee interest in the - Property shall remain with the Landlord. ARTICLE 11: CAPTIONS The captions and headings herein are for convenience and reference only. ARTICLE 12: APPLICABLE LAW This Lease shall be construed under the laws of the State of Minnesota. If any provision of this Lease, or portion thereof or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease shall not be affected thereby and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. ARTICLE 13: SUCCESSORS This Lease and the covenants and conditions herein contained shall inure to the benefit and be binding upon Landlord, its successors and assigns, and shall be binding • upon Tenant, its successors and assigns, and shall inure to the benefit of Tenant and only such assigns of Tenant to whom the assignment by Tenant has been consented to by Landlord. ARTICLE 14: BROKERS Each of the panties represents and warrants that there are no claims for brokerage commission or finder's fees in connection with the execution of this Lease. ARTICLE 15: NO PARTNERSHIP Any ' mwadn wuvw a joint venture, partnership or agency felation between the parties hereto is hereby expressly disclaimed. ARTICLE 16: AMENDMENTS IN WRITING This Lease and the Exhibits attached hereto and forming a part hereof, set forth all the covenants, promises, agreements, conditions and understandings between Landlord and Tenant conccming the demised Premises and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than • are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by them. 4 JAN 06 1 00 11 :23AM BC ISD #286 DISTRICT OFFlUr- P.S /6.. . ARTICLE 17: AUTHORITY Tenant and Landlord warrant and represent to each other that their execution of this Lease is pursuant to a resolution of the Boards of the parties. IN WITNESS WHEREOF, Landlord and Tenant have caused to be signed, sealed and delivered as of the day first above written. TENANT: LANDLORD: INDEPENDENT SCHOOL DISTRICT THE CITY OF BROOKLYN CENTER NO. 286, BROOKLYN CENTER By: BY: School Board Chair Its: • B By: y_ School Board Clerk Its: 99353645Ns •