HomeMy WebLinkAbout2018 09-10 CCP Regular SessionCouncil Study Session
City Hall Council Chambers
September 10, 2018 AGENDA
1. Call to Order
The City Council requests that attendees turn off cell phones and pagers during the meeting. A
copy of the full City Council packet is available to the public. The packet ring binder is located at
the podium.
2. Miscellaneous
3. Discussion of Work Session Agenda Item as Time Permits
4. Adjourn
- 6:00 p.m.
C IT Y C O UNC IL
M E E T I NG
City Hall Council Chambers
S eptember 10, 2018
AGE NDA
1.Informal Open Forum with City Council - 6:45 p.m.
Provides an opportunity for the public to address the C ounc il 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 c ampaign purposes. Council Members will not enter into a dialogue with citizens.
Questions from the C ounc il will be for c larific ation only. Open Forum will not be used as a time
for problem solving or reac ting to the comments made but, rather, for hearing the c itizen for
informational purposes only.
2.Invocation - 7 p.m.
3.Call to Order Regular Business M eeting
The City Council requests that attendees turn off cell phones and pagers during the meeting. A
copy of the full City C ounc il packet is available to the public . The packet ring binder is loc ated at
the podium.
4.Roll Call
5.P ledge of Allegiance
6.Approval of Agenda and Consent Agenda
The following items are c onsidered to be routine by the C ity Council and will be enac ted by one
motion. There will be no separate discussion of these items unless a Councilmember so
requests, in which event the item will be removed from the c onsent agenda and considered at
the end of Council Consideration I tems.
a.Approval of Minutes
- It is recommended that the City Council consider approval of the minutes
for:
August 16, 2018 - J oint Work S ession with P lanning Commission
August 20, 2018 - J oint Work S ession with Financial Commission
August 27, 2018 - S tudy S ession
August 27, 2018 - Regular S ession
August 27, 2018 - City Council/E D A Work S ession
b.Approval of L icenses
- It is recommended that the City Council considers approval of the
following licenses.
c.Amendments to the Rental L icensing Ordinance and Rental L icense Category
Criteria Policy
It is recommended that the City Council move to approve the first reading of
the amendment to the Rental Licensing Ordinance, set the second reading
and Public Hearing for October 8, 2018, and approve the amended rental
license category criteria policy.
d.Resolution A pproving P ublic Works J oint P owers Mutual Aid A greement
- It is recommended that the City Council approve a resolution approving a
Public Works Joint Powers Mutual Aid Agreement
e.Resolution Declaring Public Nuisance and Ordering the Removal Dead Tree
- It is recommended that the City Council declare a public nuisance and
order the removal of dead trees for certain properties as listed in the
resolution.
7.P resentations/Proclamations/Recognitions/Donations
8.P ublic Hearings
a.Resolutions Certifying Special Assessments for A dministrative
F ines/Citations
- Motion to open Public Hearing for special assessments of administrative
fines/citations.
- Motion to close Public Hearing for special assessments of administrative
fines/citations.
- Motion to approve the attached resolutions certifying special assessments
for administrative fines/citations.
b.Resolution Certifying Special Assessments for Delinquent Public Utility
Service A ccounts to the Hennepin County P roperty Tax Rolls
- Motion to Approve
9.P lanning Commission Items
a.Resolutions A pproving P lanning Commission Application No. 2018-014,
Requesting P reliminary and F inal Plat A pproval and Site And Building P lan
Approval for 7256 Unity Avenue North
- It is recommended that the City Council approve the resolutions regarding
the disposition of Planning Commission Application No. 2018-014, for a
Preliminary and Final Pl at and Site and Bui lding Plan approval, based on
the submitted plans, findings of fact, and the subject to the condi ti ons
outli ned i n the Planni ng Commi ssion Staff Report dated August 30, 2018.
10.Council Consideration Items
a.Resolution Temporarily Suspending the I ssuance of New L icenses for S ale of
Tobacco or Tobacco Related Products
- The City Council consider and approve the resolution temporarily
suspending the issuance of new licenses for tobacco or tobacco related
products
b.Resolution A pproving a Type I V - 6 Month Provisional L icense for 6501
Brooklyn Drive
- Motion to approve a resolution approving a Type IV - 6 Month Rental
License for 6501 Brooklyn Dri ve
11.Council Report
12.Adjournment
COU N C IL ITEM MEMOR ANDUM
DAT E:9/10/2018
TO :C urt Boganey, C ity Manager
T HR O UG H:R eggie Edwards, Deputy C ity Manager
F R O M:Barb S uciu, C ity C lerk
S UBJ EC T:Approval of Minutes
Requested Council Action:
- It is recommended that the C ity C ouncil consider approval of the minutes
for:
August 16, 2018 - Joint Work S ession with P lanning C ommis s ion
August 20, 2018 - Joint Work S ession with F inanc ial C ommission
August 27, 2018 - S tudy S ession
August 27, 2018 - R egular S es s ion
August 27, 2018 - C ity C ouncil/EDA Work S ession
Background:
S trategic Priorities and Values:
O perational Exc ellenc e
08/16/18 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
JOINT WORK SESSION WITH PLANNING COMMISSION
AUGUST 16, 2018
CITY HALL – COUNCIL CHAMBERS
1. CALL TO ORDER
The Brooklyn Center City Council met in Joint Work Session with the Planning Commission and
the session was called to order by Mayor Tim Willson at 7:01 p.m.
2. ROLL CALL
Mayor Tim Willson and Councilmembers Marquita Butler (arrived at 7:09 p.m.), April Graves,
Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy
City Manager Reggie Edwards, Community Development Director Meg Beekman, Planner and
Zoning Administrator Ginny McIntosh, and Selina Pesta, TimeSaver Off Site Secretarial, Inc.
Others present were Planning Commission Chair Randall Christensen, Commissioners Stephen
Schonning and Susan Tade. Planning Commissioners Alexander Koenig, Jack MacMillan, and
Rochelle Sweeney and were absent and excused. Planning Commissioner Abraham Rizvi was
absent and unexcused.
ATTENDANCE AT PLANNING COMMISSION MEETINGS
Mayor Willson commented on the importance of attendance at Planning Commission meetings.
3. INVITATION TO ULI’S NAVIGATING YOUR COMPETITIVE FUTURE
WORKSHOP
Mayor Willson opened the agenda item by expressing the importance of ULI’s Navigating Your
Competitive Future Workshop.
Councilmember Butler arrived at 7:09 p.m.
Community Development Director Meg Beekman, stated that the workshop will be held in Council
Chambers or on the first floor of City Hall, depending on the number of attendees. Ms. Beekman
stated that the Council could invite the Planning, Housing, and Financial Commissions to attend
as well. ULI will put together a panel that is customized to the community and will have
developers, real estate, finance and banking agents present to explain regional market trends and
how those trends can impact the community.
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Ms. Beekman continued that this workshop will take place on September 24, 2018, and that the
start time is flexible. ULI could shorten the introduction and discussion portion allowing for a 4:30
p.m. start time, ending at 6:30 p.m. Ms. Beekman also made note that food could be available if
requested.
Commissioner Tade asked if this is a public event. Ms. Beekman stated this is a public workshop,
but no more than 25 participants were recommended by ULI due to time limitation.
It was agreed by the City Council and Planning Commission that the start time should be 4:30 p.m.
so as not to shorten the workshop, that a light meal would be preferred.
4. JOINT PLANNING COMMISSION AND CITY COUNCIL 2040
COMPREHENSIVE PLAN DISCUSSION
Ms. Beekman thanked the City Council and Planning Commission for their attendance and opened
with an update regarding the 2040 Comprehensive Plan. Ms. Beekman described where they are
at in the process of the Plan update and reminded the Council and Commission of the Metropolitan
Council requirements and what items need to be incorporated in the draft. Ms. Beekman noted that
the Council and Commission will specifically be analyzing the Land Use and Redevelopment
chapter, go over what is different from the 2030 Plan, speak about the relationship between land
use and zoning, and implications and alternations that will be needed.
Ms. Beekman continued to speak about utilizing a SWOT Analysis and addressed the clear themes
that came out of the analyzes with Jennifer Haskamp, Swanson Haskamp Consultants (SHC).
Items that stood out were identifying strategic priorities and goals, looking at changes in
households, demographic changes, and changes that may come up in the next twenty-years. Ms.
Beekman gave update that they are currently on Plan Development piece number four. After piece
four is finished, the draft will be completed and brought to the Planning Commission. Ms.
Beekman continued by stating the Planning Commission will bring recommendations to City
Council; City Council would then release the Draft 2040 Comprehensive Plan for public comment
and review for six months. After the six month review period, the Planning Commission would
then hold a public hearing, and finally the City Council would be asked to approve the final Plan
and submit to the Metropolitan Council for approval. This would be expected around late-April
or early-May.
Ms. Beekman presented an overview of chapters that are still being analyzed. Those chapters are
1, 6, 7 and 8, leaving chapters 2, 3 and 5 completed.
Ms. Beekman then presented the 2040 new requirements:
- Plan to add approximately 2,250 new households by 2040.
- Areas planned for redeveloped.
- New housing areas need to average a minimum of ten dwelling units per acre.
- Areas with planned transit are required to plan for higher densities (C-Line/BRT
planned opening in 2019).
- Employment is forecasted to increase. Look at this with redevelopment (estimated
1,700 new jobs by 2040).
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- The need to plan for affordability in housing.
- MRCCA Plan more robust and more in depth.
Mayor Willson made note that the City has new land to work on developing more housing. He
stated this is a great thing to see in the community.
Councilmember Ryan asked about the current number of homes in Brooklyn Center. Ms. Beekman
referenced pages three in the draft and graph with a forecast of single-family and multi-family
homes.
Councilmember Graves asked where transportation is located in the plan. Ms. Beekman addressed
this by explaining how they will look at roadways and intersections that are no longer correctly
functioning, regional road systems, and incorporating the City’s population that use those systems.
Ms. Beekman stated the plan is to also organize the City’s land use around transit and begin to
have conversations with Metro Transit to keep communication open.
Ms. Beekman asked the Council and Commission what roadways could see benefit.
Mayor Willson pointed out Highway 252 has problems and addressed the C-Line, D-Line, and
Blueline (Light Rail). Mayor Willson also made note that the City’s transit system is in the middle
of a redevelopment area.
Chair Christensen asked what type of affordable housing the Metropolitan Council would like
developed.
Jennifer Haskamp, Swanson Haskamp Consultants (SHC), stated that the Metropolitan Council
cannot force the City to build affordable housing, but instead says the City should have enough
acres with a density that could potentially hold affordable housing.
City Manager Curt Boganey stated that greater housing density does not immediately result in
affordable housing and that expensive high density luxury housing is being built around the metro
area instead.
Mayor Willson made note that Minneapolis Mayor Frey is putting $42 million dollars towards
affordable housing.
Chair Christensen explained a graph that showed what is considered affordable in Brooklyn Center
and what the Commission and Council should look at is new affordable housing, rather than just
existing affordable housing.
Ms. Beekman described how roughly 90% of housing in the City is affordable due to market, and
not because it is subsidized affordable housing, but that it’s affordable because the buildings are
aging. The goal that Ms. Beekman explained is to look at legally binding housing that is high
quality and designed to be a modern, safe, clean, and affordable place to live.
08/16/18 -4- DRAFT
Mayor Willson also brought up property tax in the City, noting 98% of the property tax is from
affordable housing and the other 2% is on the high end. He addressed the concern that the City’s
property tax cannot continue to be under affordable housing for the next thirty years.
Councilmember Graves stated she understands the need to increase taxes but that the City can do
what is necessary to meet the needs of the people living in the affordable homes.
Mayor Willson noted that while he is not opposed to looking at affordable housing, he would like
to see more mixed-use buildings.
Chair Christensen stated when a building ages, its value goes down. He suggested mixing in
higher-end housing with affordable housing to, over time, hit the market rate.
Councilmember Graves also pointed out that jobs could potentially lift people out of poverty,
balancing ways to help tackle the issue with affordable housing.
With the following comments, Ms. Haskamp addressed what the Council and Commission are
looking to improve on housing.
Councilmember Butler asked how the City is accounting for the aging population and their housing
needs. Mayor Willson stated there is not enough housing for the seniors that would like to stay in
Brooklyn Center and in twenty-years, what could this housing look like.
Ms. Haskamp agreed that aging “baby boomers” are looking for different housing. She stated that
a lot of high-end housing is half seniors and half a younger population, and there is an increased
desire to downsize. Ms. Haskamp stated that naturally, anything new will be in a higher market.
Ms. Haskamp went over Chapter 1- Vision, Goals and Strategies. She stated this is the first time
City Council has received the whole chapter and with their comments, edits can be made.
Ms. Haskamp explained Chapter 3 highlights of land use and redevelopment:
- New updated approach to land use (existing and planned).
- Generalized to allow for greater flexibility and control.
- Requires commitment to updating and creating supportive zoning.
Ms. Haskamp also explained Chapter 5- Parks and Trails, and how this is not a new plan. Chapter
5 is an update to the 2030 Plan that will ensure parks and trails will be well maintained and meet
the needs of the community. Ms. Haskamp continued by explaining the Mississippi River Critical
Corridor Area Plan (MRCCA) and its place in the Appendix of the 2040 Plan. MRCCA will focus
on public views and access to the river.
Ms. Haskamp addressed Land Use and Redevelopment by creating a land use pattern and getting
to a 10,000 feet level when looking at one land use designation. Ms. Haskamp also explained the
Residential Land Use map in Chapter 3, explaining where there is high density. She described
types of residential areas on the map, how R1 and R2 are low-density residential areas (one- and
two-family), R3 and R4 are medium density, and high density is shown as R5, R6 and R7. Other
08/16/18 -5- DRAFT
non-residential areas included transit-oriented development (T1 and T2), neighborhood mixed use
(N1 and N2), and commercial mixed-use (CM1 and CM2). Ms. Haskamp underscored that moving
ahead with the future land use approach as it is proposed by this Land Use map. Would necessitate
a significant revision to the City’s zoning ordinance.
Ms. Haskamp indicated that having this type of map will attract more developers and benefit both
the developer and the City. Ms. Haskamp explained the idea of this is to make developing a clear
process and show developers this is what the City wants to be built.
Councilmember Graves asked about overlay. Ms. Haskamp responded by explaining Brooklyn
Boulevard is the overlay because it’s the most active corridor and the City has the ability to re-
zone the neighborhood to mixed-use. Ms. Haskamp suggested starting with Brooklyn Boulevard
when implementing design guidelines and setback requirements.
Ms. Beekman spoke about the importance of discussing what this transition will look like and how
to guide redevelopment while incorporating into the overlay district. Ms. Beekman noted
consideration of access to Brooklyn Boulevard and the County potentially getting curb cuts off the
corridor.
Chair Christensen asked if what Ms. Beekman was speaking about is part of the Comp Plan. Ms.
Beekman clarified that this would be part of the City’s zoning update. This question also brought
up site control through zoning described by Ms. Haskamp.
Ms. Haskamp showed examples of mixed-use buildings that the City could utilize for the overlay.
An example shown as Vintage on Sibley in St. Paul on 3.8 acres with 210 units and 55 dwelling
units per acre. Ms. Haskamp encouraged the City examples to build zoning ordinances.
Ms. Haskamp presented examples of how zoning districts could be written to fit within each land
use category, as well as building, parking, and storage setbacks. She suggested the City highlight
where setbacks can be found, giving developers less questions that needed to be asked.
Ms. Haskamp described the need for updating and creating new zoning districts to support the
Land Use Plan, which can reduce frequencies of PUD’s and CUP’s. Ms. Beekman also
recommended a newset PUD ordinance with regard to what is negotiable and what is not.
Mayor Willson stated that PUDs should be a last option. Ms. Haskamp agreed, stating the point of
this would be for site control and asked for additional questions and comments.
Councilmember Graves stated this is the most clarity she has received regarding the 2040
Comprehensive Plan and the Zoning Code.
Mayor Willson agreed with Councilmember Graves’ statement, noting the Plan sounds cleaner
and easier to work with developers.
Commissioner Tade asked if these uses are standard through the Plan or if there are other categories
that should be written in the Plan. Ms. Haskamp stated that the residential categories are fairly
08/16/18 -6- DRAFT
standard throughout the region, but that the mixed use categories were crafted to respond to
Brooklyn Center specifically, though the language used in them is standard language in many
comprehensive plans.
Ms. Haskamp mentioned City Hall and the use of the land where City Hall is currently located.
Councilmember Ryan made note that this stretch of land would be ideal for high-end apartments.
Ms. Beekman also stated it seems reasonable for a more intense land use.
Ms. Haskamp suggested this could be a topic for the future and perhaps there is a more convenient
area for City Hall.
Mr. Boganey stated the land use designation could change if this occurred and the purpose is to
cast a vision for the future of properties. He stated that by speaking of moving City Hall, it is giving
the community a signal that we don’t like where City Hall is located.
Ms. Haskamp clarified this is an idea that could be used for discussion in the future and that the
City is under no obligation to change the location.
5. ADJOURNMENT
Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded adjournment of
the Joint Work Session at 9:14 p.m.
Motion passed unanimously.
08/20/18 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
JOINT WORK SESSION WITH FINANCIAL COMMISSION
AUGUST 20, 2018
CITY HALL - COUNCIL CHAMBERS
I. CALL TO ORDER
The Brooklyn Center City Council met in Joint Work Session with the Financial Commission
and the session was called to order by Mayor Tim Willson at 6:30 p.m.
Mayor Tim Willson and Councilmembers Marquita Butler, Kris Lawrence-Anderson, and Dan
Ryan . Also present: City Manager Curt Boganey, Deputy Cit y Manager Reggie Edwards,
Finance Director Nate Reinhardt, Fire Chief Jeremy Hulke, Police Chief Tim Gannon, Public
Works Director Doran Cote, City Engineer Mike Albers, and Deputy City Clerk Rozlyn
Tousignant. Councilmember April Graves was absent.
Others present were Financial Commissioners Teneshia Kragness, Abate Terefe, and Dean Van
Der Werf.
Commissioners Tia Hedenland was absent and excused. Commissioners David Dwapu, and
Jeffrey Dobbs were absent.
II. APPROVAL OF AGENDA
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the
agenda.
Motion passed unanimously.
III. 2019 GENERAL FUND DEPARTMENT BUDGET REQUESTS
a. ADMINISTRATION
Mr. Edwards provided an overview of the Administration Department and the requested budget
for 2019.
Mayor Willson clarified that the hiring initiative is not quota based. Mr. Edwards verified that
the numbers presented are targets and not quotas for hiring.
Mayor Willson inquired about the number of Neighborhood Engagement Specialists as
compared to the number of neighborhoods as identified by the Police Department’s
Neighborhood Watch program. Mr. Boganey responded that the City has five sectors identified
by the Police Department, one being a business sector, leaving four residential sectors. Mr.
08/20/18 -2- DRAFT
Boganey expanded that this is the City’s first step towards expanding our capacity to engage the
public directly.
Councilmember Ryan inquired about the e-Citizen system. Mr. Boganey verified that the e-
Citizen program is still online.
Councilmember Lawrence-Anderson asked whether the CCX videos regarding the City of
Brooklyn Center are uploaded to the City’s website. Mr. Edwards confirmed that there is a video
library online.
Councilmember Ryan commented that it may be useful for the Community Engagement
Specialists to connect with the Police Sector Sergeants.
b. FIRE
Chief Hulke provided a presentation on the Fire Department, its mission statement, and the
proposed budget request for 2019.
Mayor Willson inquired about the railroads bringing oil products through the City and the City’s
plans or resources to deal with any potential leaks. Mr. Hulke responded that the railroad tends to
be very helpful in instances where leaks or equipment failures take place.
Councilmember Lawrence-Anderson asked about the increase in equipment funding requests.
Mr. Hulke responded that the Fire Department combined several budget categories.
Mr. Boganey offered additional background on the turnover and recruitment for the Fire
Department.
Councilmember Ryan inquired about the physical fitness requirements and whether that is
hindering recruitment; Mr. Hulke responded that more than anything is the time commitment.
Commissioner Terefe inquired whether the City cooperates with other surrounding cities when
needed. Mr. Hulke responded that the cities have a mutual aid agreement that is often utilized.
Mr. Boganey asked how many structure-fires the City has within a year; Mr. Hulke responded
that the high-impact structure-fires, where all staff is needed to respond, occur approximately 10
instances per year.
c. POLICE
Chief Gannon provided a presentation on the Police Department, its mission statement, and the
proposed budget request for 2019.
Mr. Boganey inquired about what might cause a body-worn camera not to record. Mr. Gannon
responded that they have all been mechanical failures.
08/20/18 -3- DRAFT
Commissioner Terefe inquired about the graphs and data presented and the peak in all crimes in
2008. Mr. Gannon responded that it occurred at the same time where the change in strategies to
dealing with crimes was implemented. Mr. Boganey stated that the Hennepin County crime
peaked before Brooklyn Center’s crime peaked, and that one cause for that may have been some
initiatives that the City of Minneapolis implemented may have pushed crimes out to the north.
Councilmember Butler inquired about the Body Worn Cameras (BWC) and purchasing
additional ones. Mr. Gannon replied that the Police Department has a handful of spare BWCs;
however, BWCs are needed for detectives and additional staff that may need to respond to calls.
Councilmember Lawrence-Anderson asked about conflict management and mediation and what
a typical call for mediation by Officers might look like; Mr. Gannon responded that those are
calls when an officer is sent out to mediate. Mr. Boganey also mentioned that the City helps fund
the Community Mediation Services program and that staff will refer neighborhood disputes to
the mediation service.
Councilmember Lawrence-Anderson also inquired about a budget request that may be for
telephones. Mr. Gannon responded that the PD is looking into requesting smartphones for
officers.
Councilmember Butler asked what the conferences and school request was for. Mr. Gannon
responded that all the training for the Police Department is under one budget.
Councilmember Butler mentioned that when a squad car is seen unoccupied, it tends to be
running. Mr. Gannon responded that the car is running but the keys are out; however, the cars
remain running due to requirements to continue running the equipment inside the squad car.
Commissioner Terefe asked about drug overdoses and Narcan. Mr. Gannon responded that
Brooklyn Center is one of the first cities to supply all first responders with Narcan.
Commissioner Van Der Werf inquired if there is a schedule for officers to patrol neighborhoods.
Mr. Gannon responded that officers are assigned to different sectors within the City that they are
responsible for during their shift; however, there are not designated streets to be patrolled at
particular times.
Councilmember Ryan addressed the concerns of speeding and reckless driving. Mr. Gannon
responded that traffic is prioritized when officers are not responding to calls. He continued to
explain that the City does not have a dedicated traffic car. Mayor Willson inquired about a
dedicated Traffic Officer and whether the City should look into a permanent position.
Councilmember Butler asked about the Transit Station and whether there are consistent issues or
if it is just a perception problem. Mr. Gannon responded that it is a combination of perception
and verified problems.
Councilmember Butler inquired about the impact theMedian Safety Ordinance has had. Mr.
Gannon responded that thus far it has been very successful. Mr. Gannon noted that the City has
issued approximately eleven warning citations, and two hard tickets.
08/20/18 -4- DRAFT
d. PUBLIC WORKS
Mr. Cote provided a presentation on the Public Works Department the proposed budget request
for 2019.
Mayor Willson mentioned that the uniform item would work well with the City’s desire for a
uniform image.
Councilmember Ryan asked when the Brooklyn Boulevard project will start. Mr. Cote responded
that construction will begin the following week.
Councilmember Lawrence-Anderson addressed the potholes on the private road along Wendy’s
and Bremer Bank. Mr. Boganey responded that Community Development Director Meg
Beekman had previously identified the issue as a priority.
IV. FUTURE BUDGET DISCUSSIONS
a. SEPTEMBER 17, 2018 – RECOMMENDED PRELIMINARY LEVY
b. SEPTEMBER 24, 2018 (REGULAR CITY COUNIL MEETING) – CITY
COUNCIL ADOPTS PRELIMINARY BUDGET
c. OCTOBER 15, 2018 – SPECIAL REVENUE/DEBT SERVICE/INTERNAL
SERVICE FUNDS
V. ADJOURNMENT
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adjourn the
Work Session at 9:00 p.m.
Motion passed unanimously.
08/27/18 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY/WORK SESSION
AUGUST 27, 2018
CITY HALL – COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Study/Work Session called to order by Mayor Tim
Willson at 6:00 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, and Dan Ryan were
present. Councilmember Kris Lawrence-Anderson was absent and unexcused. Also present were
City Manager Curt Boganey, Deputy City Manager Reggie Edwards, City Clerk Barbara Suciu,
Director of Public Works Doran Cote, Community Development Director Meg Beekman, Police
Chief Tim Gannon, Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site
Secretarial, Inc.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
None at this time.
MISCELLANEOUS
None at this time.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
T-21 ISSUE RESPONSE
Deputy City Manager Reggie Edwards provided background, purpose and presentation on this
item. Mr. Edwards reviewed the key findings that the Brooklyn Youth Council found in their
research on this topic. He noted some of the main reasons youth expressed they used tobacco
were due to easy access, stress, and peer pressure.
This item reached conclusion during the Work Session later this evening.
ADJOURNMENT
Mayor Willson adjourned the Study/Work Session to Informal Open Forum at 6:45 p.m.
Motion passed unanimously.
08/27/18 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
AUGUST 27, 2018
CITY HALL – COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim
Willson at 6:45 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, and Dan Ryan were
present. Councilmember Kris Lawrence-Anderson was absent and unexcused. Also present were
City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Public Works
Doran Cote, Community Development Director Meg Beekman, Police Chief Tim Gannon, City
Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc.
Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum.
Todd Henning, 1906 Brookview Drive, addressed the City Council regarding backyard chickens.
He stated he just wants to keep the topic on everyone’s mind and is looking forward to the
discussion in September.
Hamza Hassan, 2406 Lyndale Avenue South, addressed the City Council regarding Victoria
Townhomes. He stated the rental community has many issues and grievances regarding the
management there. He stated they only ask for management to address concerns in a timely
manner, be able to have one-on-one conversations with management, and have problems with
the property addressed and corrected. He stated he has a petition signed by 17 residents asking
for these changes to be made.
Anna Cooper, 3206 61 st Avenue North, addressed the City Council regarding backyard chickens.
She stated she is excited to see the topic on the agenda in September and looks forward to the
discussion.
Ms. Dahdal, 6218 Camden Avenue N, addressed the City Council regarding the issue that there
is a lot of traffic near her home on Camden Avenue. She thinks it would be beneficial to have
some stop signs put in to help slow the traffic down.
Ephraim Olani, 3813 51 st Avenue, addressed the City Council. He stated he wants to address the
issue with the train that constantly runs along France Avenue.
08/27/18 -2- DRAFT
Councilmember Ryan moved and Councilmember Butler seconded to close the Informal Open
Forum at 6:54 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember Ryan read a quote by the late Senator John McCain as the Invocation.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson
at 7:00 p.m.
4. ROLL CALL
Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, and Dan Ryan were
present. Councilmember Kris Lawrence-Anderson was absent. Also present were City Manager
Curt Boganey, Deputy City Manager Reggie Edwards, Director of Public Works Doran Cote,
Community Development Director Meg Beekman, Police Chief Tim Gannon, City Attorney
Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Graves moved and Councilmember Butler seconded to approve the Agenda and
Consent Agenda, and the following consent items were approved
6a. APPROVAL OF MINUTES
1. August 8, 2018 City Council/Financial Commission Joint Work Session
2. August 13, 2018 Regular Session
3. August 13, 2018 City Council/EDA Work Session
6b. LICENSES
GARBAGE HAULER
Sanimax USA LLC 505 Hardman Ave S, South St. Paul
MECHANICAL CONTRACTOR
General Heating & Air Conditioning 11081 Chaparral Ave, Shakopee
J Dubs LLC 11703 River Hills Dr., Burnsville
Matty V’s Heating & Cooling 1052 93rd Lane NW, Coon Rapids
08/27/18 -3- DRAFT
TOBACCO RELATED PRODUCTS
Two Rivers Investment, Inc. 6840 Humboldt Avenue N, Brooklyn Center
RENTAL
INITIAL (TYPE III – one-year license)
Ewing Square
6220 France Avenue N Juanita Pekay
INITIAL (TYPE II – two-year license)
Granite City Apartments
3407 65 th Avenue N Chris D. Kohler
4700 68 th Avenue N Chufeng Xiong
INITIAL (TYPE I – three-year license)
4307 66 th Avenue N RHA 3, LLC
1300 72 nd Avenue N Marinela and Scott Selseth
RENEWAL (TYPE III – one-year license)
7200 Dallas Road Brian Natzel
5301 Logan Avenue N MNSF II, LLC
(Missing 2 ARM meetings)
6443 Marlin Drive Trevor Tjlmeland
(Missing cpted follow-up)
7006 Morgan Avenue N Hesham Abdel Hakim
RENEWAL (TYPE II – two-year license)
6800 Dupont Avenue N Yi Lin/Khai Hong Lim Properties
7024 Oliver Circle Juliana Koe
7217 Unity Avenue N Ghulam Pyarali
RENEWAL (TYPE I – three-year license)
5528 Humboldt Avenue N Bruce Alan Goldberg
6c. RESOLUTION NO. 2018-153 ACCEPTING WORK PERFORMED AND
AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2016-17,
CONTRACT 2016-K, CITY HALL, COMMUNITY CENTER AND PUBLIC
WORKS PARKING LOT IMPROVEMENTS
6d. RESOLUTION NO. 2018-154 ACCEPTING WORK PERFORMED AND
AUTHORIZING FINAL PAYMENT, PROJECT NO. 2018-07, 2018 POND
MAINTENANCE
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
08/27/18 -4- DRAFT
7a. RESOLUTION NO. 2018-155 ACCEPTING AMERICAN LEGION POST NO. 630
AND SONS OF THE AMERICAN LEGION DONATIONS
Mayor Willson read in full a Resolution accepting American Legion Post No. 630 and Sons of
the American Legion Donations.
Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION
NO. 2018-155 Accepting American Legion Post No. 630 and Sons of the American Legion
Donations.
Motion passed unanimously.
8. PUBLIC HEARINGS
- None at this time.
9. PLANNING COMMISSION ITEMS
- None at this time.
10. COUNCIL CONSIDERATION ITEMS
10a. ORDINANCE AMENDING CHAPTER 27 OF CITY CODE OF ORDINANCES
REGARDING PARKING
Chief Gannon introduced this item and provided a presentation. He stated this item was brought
forward a few months ago and with fall quickly approaching, they are bringing this item forward
again with hopes to get a consensus to move forward with this item before winter arrives.
Councilmember Ryan stated this is a common sense change due to the erratic weather in
Minnesota. He stated they will need to do a large amount of communication to alert the City
about this ordinance change.
Councilmember Graves stated she isn’t against plowing the streets, but she is concerned that this
is going to affect the lower income residents who have a lack of parking.
Councilmember Butler stated she agrees with the issues Councilmember Graves addressed,
noting it is expensive when you get towed. She stated she does feel we need to look at
communication of the ordinances and see what can be done to minimize the impact.
Councilmember Ryan moved and Councilmember Butler seconded to move forward with first
reading of an Ordinance Amending Chapter 27 of City Code of Ordinances Regarding Parking.
Councilmember Graves voted against the same. Motion passed.
08/27/18 -5- DRAFT
10b. TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5308 LILAC
DRIVE
10c. TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6835 COLFAX
AVENUE NORTH
Mayor Willson explained the streamlined process that will now be used to consider Type IV 6-
Month Provisional Rental Licenses.
Mayor Willson polled the audience and asked whether anyone was in attendance to provide
testimony on any of the rental licenses as listed on tonight’s meeting agenda. Seeing no one
coming forward, Mayor Willson called for a motion on Agenda Items 10b through 10c.
Councilmember Ryan moved and Councilmember Butler seconded to approve the issuance of a
Type IV six-month provisional rental license and mitigation plan for the following: 5308 Lilac
Drive; and, 6835 Colfax Avenue North, with the requirement that the mitigation plans and all
applicable ordinances must be strictly adhered to before renewal licenses would be considered.
Motion passed unanimously.
11. COUNCIL REPORT
Councilmember Ryan reported on his attendance at the following and provided information on
the following upcoming events:
• August 16, 2018: Joint Work Session with Planning Commission
• August 20, 2018: Joint Work Session with Financial Commission
• August 22, 2018: Community Meeting Brooklyn Blvd Reconstruction - Phase 1
Councilmember Graves reported on her attendance at the following and provided information on
the following upcoming events:
• August 14, 2018: City Manager and Community Development Director Meeting
• August 16, 2018: Joint Work Session with Planning Commission
• August 17, 2018: Interviewed on African Roots Connection show on KMOJ
Councilmember Butler reported on her attendance at the following and provided information on
the following upcoming events:
• August 16, 2018: Joint Work Session with Planning Commission
• August 20, 2018: Joint Work Session with Financial Commission
• August 21, 2018: Housing Commission Meeting
Mayor Willson reported on his attendance at the following and provided information on the
following upcoming events:
• August 14, 2018: Rotary Lunch
• August 15, 2018: Brooklyn Bridge Alliance Youth Committee Meeting
• August 15, 2018: Safety Camp Graduation with Police Chief Gannon
• August 16, 2018: Planning and Zoning Commission Meeting
08/27/18 -6- DRAFT
• August 20, 2018: Joint Work Session with Financial Commission
• August 21, 2018: Rotary Lunch
• August 24, 2018: Meeting with City Manager
12. ADJOURNMENT
Councilmember Graves moved and Councilmember Butler seconded adjournment of the City
Council meeting at 7:30 p.m.
Motion passed unanimously.
08/27/18 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
AUGUST 27, 2018
CITY HALL – COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work
Session called to order by Mayor/President Tim Willson at 7:31p.m.
ROLL CALL
Mayor/President Tim Willson and Councilmembers/Commissioners Marquita Butler, April
Graves, and Dan Ryan were present. Councilmember/Commissioner Kris Lawrence-Anderson
was absent and unexcused. Also present were City Manager Curt Boganey, Deputy City
Manager Reggie Edwards, Community Development Director Meg Beekman, Police Chief Tim
Gannon, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site
Secretarial, Inc.
T-21 ISSUE RESPONSE
Deputy City Manager Reggie Edwards addressed the questions from the Council/EDA.
Mayor/President Willson asked if underage people will be cited for attempting to make a
purchase, will they also then cite the underage folks who are caught actually in possession of
tobacco. Mr. Edwards stated that is something they can define as they move forward with
amending the ordinance.
City Attorney Troy Gilchrist stated there is current language that criminalizes possession and
sale under state statutes so they will need to look at how to handle it if they move forward with
this ordinance. He noted if other surrounding cities are selling tobacco items that Brooklyn
Center decides to prohibit to people ages 18 and older, then it will be hard to regulate a
possession citation.
Mayor Willson asked if the ordinance was amended, what happens with the tobacco license by
an existing business, if that business was sold. It was confirmed the license would stay with the
property.
Councilmember/Commissioner Graves stated she liked the idea of partnering with schools and
youth councils to address peer pressure and stress to help the kids so it addresses the root
problems according to the youth council research for tobacco use among youth. She stated she is
in favor of not allowing purchasing of vaping products in fruity or menthol flavors because those
08/27/18 -2- DRAFT
seem more popular with kids. She noted this is going to be more effective if the State as a whole
goes to 21 and older.
Councilmember/Commissioner Ryan stated he agrees to limiting flavors to tobacco only shops.
He stated he would like to see this topic addressed with the schools as well. He stated he thinks
the mini cigar prices should be raised and would like to see them not be able to use coupons for
these items all together.
City Attorney Gilchrist stated the cities have been trying to address this issue and have started by
saying that after coupons or deals the minimum price they sell these items for cannot be less than
the price the city sets.
Recommendation #1 - Restrict the sale of flavored tobacco products to tobacco shops that restrict
minors: has no consensus to move forward, the decision was unanimous.
Councilmember/Commissioner Graves stated she sees limiting coupons for regular tobacco
products as a way of making lower income people pay more for their addictions and she isn’t in
favor of that. Councilmember/Commissioner Butler stated she agrees and thinks that kids aren’t
using coupons anyhow for these products in most cases.
Recommendation #2 - Increase the cost of tobacco products: had no majority consensus to move
forward as Mayor/President Willson and Councilmember/Commissioner Ryan were in favor of
moving forward with this item; however, Councilmembers/Commissioners Butler and Graves
were not.
Recommendation #3 – Restrict the proximity of new tobacco retailers to within 1,000 feet of
schools, parks, community centers, and libraries: had no consensus to move forward, the
decision was unanimous.
Recommendation #4 – Reduce the number of tobacco retailers to 15 retail stores and #5 – Raise
minimum legal sales age to 21: had consensus to move forward, the decision was unanimous.
Councilmember/Commissioner Graves stated she would like to see some deterrents in place so
they can keep youth out of the justice system.
Mayor/President Willson stated once this comes back to the City Council/EDA, they can discuss
the penalties at that time.
City Attorney Gilchrist noted State laws are on the same page with Councilmember/
Commissioner Graves regarding minors and trying to keep them from getting a record, which is
why currently it is a petty misdemeanor or a misdemeanor for that same reason.
Recommendation #6 – (A) Partner with the schools in Brooklyn Center, Hennepin County and
the Youth Council to develop and fund a program to address peer pressure and stress; (B)
Establish continued city/local research and benchmarking for behavior trends and changes of
behavior of the use of tobacco by youth; (C) Partnering with other cities to seek statewide
08/27/18 -3- DRAFT
legislation to raise age to limit of sell of tobacco products from 18 to 21: had consensus to move
forward, the decision was unanimous.
The City Council/EDA stated they would like to move forward with add-on Option A; and look
into partnering with schools and counties to address the peer pressure issues youth face, to
address the tobacco issue at the core.
Mayor/President Willson stated before he agreed with that part of this option, he would want to
see specifics on what a fund would look like and what the criteria would. Dr. Edwards stated
they can look at that part when staff brings back more information to the City Council/EDA.
Councilmember/Commissioner Graves stated both add-ons A and B could move forward
together as a collaborative effort.
Mayor/President Willson stated the only issue he has is the additional investment of staff time
and would like to see more about that before agreeing to any investments with staff time.
There was a consensus to move forward with add-on option C as well.
Dr. Edwards stated he will draft something with all these items and points for the City
Council/EDA to review as a work session item in the future.
Emily Anderson, 4136 Columbus Avenue, addressed the City Council/EDA and stated the other
11 cities who have gone to T-21 have stricken the provision for anyone under age to get
penalized for purchasing or possessing so they are not alone in wanting to make that change.
Gretchen Garmin, Hennepin County Public Health, addressed the City Council/EDA and stated
she wanted to thank the staff for their work and looking at the things they can do within the
community. She stated there are many tobacco products aside from the e-cig and vaping products
that have many flavors that appeal to kids so they should look into those as well. She introduced
two of her colleagues from the law center who she stated would be happy to speak to the City
Council/EDA at any point, noting she can talk to them about how to make that happen if they
wished to have that discussion as well.
ADJOURNMENT
Councilmember/Commissioner Graves moved and Councilmember/Commissioner Butler
seconded adjournment of the City Council/Economic Development Authority Work Session at
8:28 p.m.
Motion passed unanimously.
COU N C IL ITEM MEMOR ANDUM
DAT E:9/10/2018
TO :C urt Boganey, C ity Manager
T HR O UG H:R eggie Edwards, Deputy C ity Manager
F R O M:R ozlyn Tous ignant, Deputy C ity C lerk
S UBJ EC T:Approval of Licens es
Requested Council Action:
- It is recommended that the C ity C ouncil considers approval of the following licenses.
Background:
T he following bus inesses/pers ons have applied for C ity licens es as noted. Eac h busines s /person has fulfilled
the requirements of the C ity O rdinanc e governing respec tive lic enses, submitted appropriate applic ations , and
paid proper fees . Applicants for rental dwelling licens es are in compliance with C hapter 12 of the C ity C ode
of O rdinances, unless comments are noted below the property addres s on the attached rental report.
Mechanical Contractor
Boys (Mec hanical) Electric LLC 490 Villaume Ave, S o. S t. P aul, 55075
Desc hene Enterprises,
Inc . 10131 James Ave NE, O ts ego, 55362
G eneral Heating & Air C onditioning 11081 C haparral Ave, S hakopee, 55379
J Dubs LLC 11703 R iver Hills Dr, Burns ville, 55337
Matty V's Heating & C ooling, LLC 1052 93rd Ln NW, C oon R apids, 55433
NAC Mechanic al & Elec tric S ervices 1001 Labore Industrial C rt, S te B, Vadnais
Heights, 55110
Northwest Heating & C ooling 434 Taylor S t, Anoka, 55303
S olid R efrigeration LLC 1125 Americ an Blvd E, Bloomington, 55420
S trategic Priorities and Values:
S afe, S ecure, S table C ommunity
COUNCIL ITEM MEMORANDUM
Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and
recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient
location and commitment to a healthy environment
Rental License Category Criteria Policy – Adopted by City Council 03-08-10
Property Code and Nuisance Violations Criteria
License Category
(Based on Property
Code Only)
Number of Units Property Code Violations per
Inspected Unit
Type I – 3 Year 1-2 units 0-1
3+ units 0-0.75
Type II – 2 Year 1-2 units Greater than 1 but not more than 4
3+ units Greater than 0.75 but not more than 1.5
Type III – 1 Year 1-2 units Greater than 4 but not more than 8
3+ units Greater than 1.5 but not more than 3
Type IV – 6 Months 1-2 units Greater than 8
3+ units Greater than 3
License
Category
Number of Units Validated Calls for Disorderly Conduct
Service & Part I Crimes
(Calls Per Unit/Year)
No Category
Impact
1-2 0-1
3-4 units 0-0.25
5 or more units 0-0.35
Decrease 1
Category
1-2 Greater than 1 but not more than 3
3-4 units Greater than 0.25 but not more than 1
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2
Categories
1-2 Greater than 3
3-4 units Greater than 1
5 or more units Greater than 0 .5 0
Budget Issues:
There are no budget issues to consider.
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8
COU N C IL ITEM MEMOR ANDUM
DAT E:9/10/2018
TO :C urt Boganey, C ity Manager
T HR O UG H:Meg Beekman, C ommunity Development Director
F R O M:Jesse Anders on, Deputy Direc tor of C ommunity Development
S UBJ EC T:Amendments to the R ental Lic ensing O rdinanc e and R ental Licens e C ategory C riteria P olic y
Requested Council Action:
It is recommended that the C ity C ouncil move to approve the first reading of the amendment to the R ental
L icensing O rdinance, set the second reading and P ublic H earing for O ctober 8, 2018, and approve the
amended rental license category criteria policy.
Background:
At the July 23, 2018 C ity C ouncil Work session the C ity C ounc il disc ussed modification to the c urrent R ental
Licens ing program.
It was rec ommended that C ity S taff prepare the following modific ations to the program.
1. Modify the ordinance to remove the attendanc e at As s ociation for R espons ible Managers (AR M)
Meetings and remove the requirement for Monthly Updates .
2. Modify the ordinance to require an inspec tor cons ultation for repeat Type I V rental lic enses that repeat
due to property c ode violations .
3. Modify the ordinance to allow Mitigation plans to be approved by staff, s imilar to how Type I I I R ental
Licens e Action P lans are c urrently approved.
T he ordinanc e modific ation would allow the applic ant to appeal s taffs decision to the C ity
C ouncil if reques ted.
4. Modify the R ental Lic ense C ategory C riteria P olicy to increase the number of property code violations
per c ategory by 1 for one and two family dwellings.
Las tly, there is also a modific ation to the wording in the R ental Licens ing O rdinance relating to the requirement
for a C rime F ree Leas e Addendum and the licens e ac tion sec tions . T hese changes are to clean up the wording
in the ordinanc e and will not change the requirement.
Budget Issues:
With the change in the R ental Lic ense C ategory C riteria P olicy their could be a slight dec reas e in the number of
rental applic ation renewals received in a budget year.
S trategic Priorities and Values:
S afe, S ecure, S table C ommunity
1
534491v3 TJG BR291-4
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 8th day of October, 2018, 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 related to rental licensing.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the City Clerk at 763-569-3306 to make arrangements.
ORDINANCE NO. __________
AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY
CODE OF ORDINANCES REGARDING RENTAL LICENSING
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Article I. Brooklyn Center City Code, Section 12-901(7) is hereby amended as follows:
7. License Category Criteria. License type will be determined on the basis of established
criteria based on Police incidents and property Code and nuisance violations as recommended by
the City Manager and approved by the City Council as City policy. A copy of the City policy shall
be distributed to each licensee.
Article II. Brooklyn Center City Code, Section 12-910(3)(f) is hereby amended as follows:
f. excessive police calls for service in accordance with criteria determined by the
City Manager and approved by the City Council as City policy, based on the
number and nature of the calls when, after owner notification, the owner has
failed to supply an appropriate written action plan to reduce the police calls for
service
Article III. Brooklyn Center City Code, Section 12-910(4) is hereby amended as follows:
4. License Action Sections. Revocation, suspension, and non-renewal may be
brought under either this Section or Section 12-911, or both. Each Section
provides an independent basis on which to take a license action and only the
procedures required of the particular Section being relied upon must be followed
to pursue the action.
Article IV. Brooklyn Center City Code, Section 12-913 is hereby amended as follows:
Section 12-913. TYPE IV PROVISIONAL LICENSES.
2
534491v3 TJG BR291-4
1. Eligibility. Rental properties that meet the provisional licensing criteria as
described in Section 12-901 are eligible only for provisional licenses.
2. Monthly Report. The City will provide by mail to each licensee a monthly report
of any police and fire calls and incidents and applicable property Code violations
as described in Section 12-901.
3. Mitigation Plan. The applicant for a provisional license must submit for Council
Compliance Official review and approval a mitigation plan for the license period.
The mitigation plan shall describe steps proposed by the applicant to reduce the
number of police and fire calls and/or the property Code issues described in
Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license.
The mitigation plan may include such steps as changes in tenant screening
procedures, changes in lease terms, security measures, rules and regulations for
tenant conduct, security personnel, and time frame to implement all phases of the
Crime Free Housing Program. The Compliance Official may require
modifications to the proposed mitigation plan to ensure it effectively addresses the
issues that resulted in the applicant not being eligible for a different type of
license. An applicant may appeal the Compliance Officer’s decision regarding the
mitigation plan by filing a written appeal within 10 days of the date of the
decision. The appeal must state the reasons for the appeal, the alleged error, and
the relief being sought from the appeal.
4. Council Consideration. The Council shall act on whether to approve the
application. Approval of the license shall be conditioned on compliance with the
mitigation plan as approved by the Compliance Official. If the applicant filed a
timely appeal of the Compliance Official’s decision regarding the mitigation plan,
the Council shall hear the appeal and may uphold, overturn, or amend the
Compliance Official’s decision.
The application with a proposed mitigation plan will be presented to the City
Council together with a recommendation by the City Manager or the Manager’s
designee as to the disposition thereof. After giving the applicant an opportunity to
be heard and present evidence, the Council shall approve, disapprove, or approve
with conditions the application and the mitigation plan. If the Council
disapproves an application and mitigation plan or approves it with conditions, it
shall state its reasons for so doing in writing. In evaluating a mitigation plan, the
Council will consider, among other things, the facility, its management practices,
the nature and seriousness of causes for police and fire incidences and/or property
Code issues and the expected effectiveness of measures identified in the plan to
reduce the number of police and fire incidences and/or property Code violations.
In evaluating a mitigation plan submitted by an applicant already under a
provisional license, the Council will also consider the effectiveness of measures
identified in the applicant’s previous mitigation plan and the need for different or
additional measures to reduce police and fire incidences and/or property Code
violations.
3
534491v3 TJG BR291-4
5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation
plan as approved or as modified by the Council as a result of an appeal. Failure to
implement and comply with the mitigation plan shall constitute sufficient grounds
for a license action under Section 12-910. No later than the tenth day after each
calendar month, the licensee shall mail or deliver to the City Manager a written
report describing all steps taken in furtherance of the mitigation plan during the
preceding month.
Article V. Brooklyn Center City Code, Section 12-914 is hereby amended as follows:
Section 12-914. CRIME FREE HOUSING PROGRAM. For the purpose of this
Chapter, the Crime Free Housing Program shall mean the nationally recognized program, unless
otherwise indicated. The phases of the program include, but are not limited to, the conditions
set forth below.
1. Phase I. For license categories other than Type I, an owner, manager, or local
agent responsible for the operation of the rental property must complete the Phase
I training of the Crime Free Housing Program or a similar course approved by the
City Manager. Certification as a rental property manager may also satisfy this
requirement. Phase I includes the following:
a. Attend an eight-hour crime-free housing course presented by police, fire,
public housing and others.
b. Use a written lease including the Minnesota Crime Free Housing Lease
Addendum.
c. Check the criminal background of all prospective tenants and, upon
request, provide a copy of Third Party Background Check procedures for
Tenants.
d. Actively pursue the eviction of tenants who violate the terms of the lease
and/or the Crime Free Lease Addendum.
2. Phase II. Includes Phase I plus the following:
a. Complete a Security Assessment and complete the security improvements
recommended. This phase will certify that the rental property has met the
security requirements for the tenant’s safety.
b. Attend a minimum of 25 percent of Owners/Managers Association
Meetings.
3. Phase III. Includes Phases I and II plus the following:
a. For properties with more than four units, conduct resident training
annually for the residents where crime watch and crime prevention
techniques are discussed.
4
534491v3 TJG BR291-4
b. For properties with more than four units, hold regular resident meetings.
c. Attend a minimum of 50 percent of Owners/Managers Association
Meetings.
d. Have no City Code violations that were not resolved in accordance with
compliance orders within the past year. For a property that has received
consecutive Type IV rental licenses, the applicant, owner, or local agent is
required to schedule and attend an inspection consultation at the property.
Article VI. Brooklyn Center City Code, Section 12-915 is hereby amended as follows:
Section 12-915. CRIME FREE/DRUG FREE HOUSING LEASE ADDENDUM
REQUIREMENTS. All tenant leases, except for state licensed residential facilities, shall
contain the Crime Free/Drug Free Housing Lease Addendum in a form approved by the
City. The Crime Free/Drug Free provisions are in addition to all other terms of the lease
and do not limit or replace any other provisions. These lease provisions shall be
incorporated into every new and renewed lease for a tenancy beginning April 1, 2010.
Failure of a licensee to enforce a single violation of the terms of the addendum shall
constitute sufficient grounds for action on a license under Section 12-910.
Article VII. This Ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
Adopted this day of __ , 2018.
__________________________________
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, double underline indicates new matter.)
Page 1 of 2
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Phone: 763-569-3300 TTY/Voice 711
Fax: 763-569-3494
www.cityofbrooklyncenter.org
Proposed Amended Rental License Category Criteria Policy
1. Determining License Categories.
License categories are based on property code and nuisance violations noted during the initial
or renewal license inspection or for a category verification inspection, along with excessive
validated police service calls occurring over a year. License categories are performance
based and more accurately depict the condition of the property and the City costs of service.
2. Fees.
Fee amounts are determined by the costs of the city to license, inspect, monitor and work with
the property to ensure category conditions are met. License fees do not include reinspection
fees, late fees, charges for criminal or civil enforcement actions, or other penalties.
3. Category Conditions.
The licensee or designated agent must meet the category conditions in the time period
specified by the City. A licensee must meet all original conditions required by the License
Category, even if a subsequent license category is achieved.
4. License Category Criteria.
a. Property Code and Nuisance Violations .
Property code violation rates will be based on the average number of property code
violations per unit identified during the initial licensing inspection or category
verification inspection. Property code violations for purposes of determining licensing
categories shall include violations of property code and nuisances as defined in
Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon
complaints or reasonable concerns that the establishment no longer complies with the
license category criteria, perform a category verification inspection to the same
standards as the license renewal inspection as indicated below.
Inspections will be conducted in conjunction with established department policies. In
cases where 100% of the units are not inspected, the minimum inspection standards
will be established as follows:
• At least 75% of units will be inspected for properties with 15 or less units.
• At least 25% of units, to include a minimum of 12 units, will be inspected for
properties with 16 or more units.
Page 2 of 2
Property Code and Nuisance Violations Criteria
License Category
(Based on Property
Code Only)
Number of Units Property Code Violations per
Inspected Unit
Type I – 3 Year 1-2 units 0-2
3+ units 0-0.75
Type II – 2 Year 1-2 units Greater than 2 but not more than 5
3+ units Greater than 0.75 but not more than
1.5
Type III – 1 Year 1-2 units Greater than 5 but not more than 9
3+ units Greater than 1.5 but not more than 3
Type IV – 6 Months 1-2 units Greater than 9
3+ units Greater than 3
b. Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per
year. Police incidences for purposes of determining licensing categories shall include
disorderly activities and nuisances as defined in Section 12-911, and events
categorized as Part I crimes in the Uniform Crime Reporting System including
homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson.
Calls will not be counted for purposes of determining licensing categories where the
victim and suspect are “Family or household members” as defined in the Domestic
Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a
report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes,
Section 518B.01, Subd. 2 (a).
License
Category
Number of
Units
Validated Calls for Disorderly Conduct
Service & Part I Crimes
(Calls Per Unit/Year)
No
Category
Impact
1-2 0-1
3-4 units 0-0.25
5 or more units 0-0.35
Decrease 1
Category
1-2 Greater than 1 but not more than 3
3-4 units Greater than 0.25 but not more than 1
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2
Categories
1-2 Greater than 3
3-4 units Greater than 1
5 or more units Greater than 0.50
Page 1 of 2
Rental License Category Criteria Policy – Adopted by City Council 03-08-10
1. Determining License Categories.
2. Fees.
3. Category Conditions.
4. License Category Criteria.
a. Property Code and Nuisance Violations
Page 2 of 2
Property Code and Nuisance Violations Criteria
License Category Number of Units Property Code Violations per
Inspected Unit
b. Police Service Calls.
License
Category
Number of
Units
Validated Calls for Disorderly Conduct
Service & Part I Crimes
COU N C IL ITEM MEMOR ANDUM
DAT E:9/10/2018
TO :C urt Boganey, C ity Manager
T HR O UG H:N/A
F R O M:Doran C ote, P ublic Works Director
S UBJ EC T:R esolution Approving P ublic Works Joint P owers Mutual Aid Agreement
Requested Council Action:
- It is recommended that the C ity C ouncil approve a resolution approving a P ublic Works Joint P owers
M utual Aid Agreement
Background:
T he general purpose of this P ublic Works Joint P owers Mutual Aid Agreement (Agreement) is to provide a
process for units of government to s hare public works pers onnel and equipment with other agencies within the
S tate of Minnesota. T his Agreement s pecific ally allows a reques ting party to selec t the resources that bes t
meets the needs of a given situation. A requesting party may call upon any other participating party for mutual
aid. T here is no requirement to make requests through a partic ular party. In addition, this Agreement s hould not
be interpreted as being limited to providing resources to deal with only major c atastrophic situations.
P artic ipating parties can utilize the resources for many reas ons inc luding routine circ umstanc es such as training
efforts, maintenanc e operations, joint-projec ts and back-up s upport service. T his Agreement provides the
flexibility for all units of government to us e the res ourc es loc ated among all partic ipating parties in the S tate of
Minnesota.
T he dec is ion of when to invoke mutual aid and whether to respond is left to the disc retion of the reques ting or
s ending party. Eac h unit of government should acquaint supervisory personnel with any internal proc edures
used for mutual aid. W hile the Agreement does not require partic ular words or ac tions to initiate mutual aid,
agencies s hould be clear about whether mutual aid is being reques ted and what type of as s is tance is reques ted.
T he responding agenc y s hould also be c lear about what, if any, assistanc e they will provide in respons e to the
request. P arties s hould not s elf-deploy.
F urthermore, eac h s taff member within a department should have a bas ic familiarity with mutual aid, the
res ponsibilities when reporting to another unit of government and the protections afforded under the unit of
government’s workers ’ c ompensation.
F or liability reas ons, management of a mutual aid situation is under the c ontrol of the reques ting party.
However, the s ending party has disc retion whether to provide pers onnel or equipment and can rec all such
as s is tance at any time.
W hile there is no hard and fast time limit related to reques ts for mutual aid, the commitment of res ourc es c an
be taxing on agencies. In addition, in s ome situations an advantage c an be gained by ending a mutual aid
request and entering into a different form of c ontractual as s is tance.
In order to keep this mutual aid agreement closer to local level of government, Hennepin C ounty Emergenc y
Management (HC EM) has volunteered to serve as the adminis trative coordinator for the units of government
entering into this Agreement. W hen a community adopts this Agreement a fully exec uted c opy of the
Agreement needs to be forwarded to HC EM.
Each unit of government is respons ible for entering and updating available unit of government resources.
R es ourc es will now be listed online in a mutually agreed upon resource management databas e. T he parties to
this Agreement are solely respons ible for updating their available res ourc es in the agreed upon databas e.
T he effec tive date for this Agreement is O ctober 1, 2018. T his date was establis hed to allow enough time for
agencies to receive the appropriate authority. P artic ipation c an be started upon execution of the Agreement and
is effec tive for a unit of government upon its submis s ion of the s igned Agreement to HC EM. Agencies that
elect not to partic ipate in the Agreement may be bound by other exis ting mutual aid agreement or S tate
S tatutes .
Budget Issues:
T here are no budget is s ues to cons ider. Mutual aid is routinely provided to neighboring c ommunities on an
informal bas is . It is up to the sending party to decide whether to c harge the requesting party for the s ervic e
provided. T he Agreement c an be terminated after 30 days’ written notic e to HC EM.
S trategic Priorities and Values:
S afe, S ecure, S table C ommunity
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION APPROVING PUBLIC WORKS JOINT POWERS MUTUAL
AID AGREEMENT
WHEREAS, the general purpose of this Public Works Joint Powers Mutual Aid
Agreement (Agreement) is to provide a process for units of government to share public works
personnel and equipment with other agencies within the State of Minnesota; and
WHEREAS, this Agreement specifically allows a requesting party to select the
resources that best meets the needs of a given situation; and
WHEREAS, participating parties can utilize the resources for many reasons
including routine circumstances such as training efforts, maintenance operations, joint-projects
and back-up support service; and
WHEREAS, this Agreement provides the flexibility for all units of government
to use the resources located among all participating parties in the State of Minnesota.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that a Public Works Joint Powers Mutual Aid Agreement is hereby
approved. The Mayor and City Manager are hereby authorized to execute said agreement.
September 10, 2018
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.
PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT
This Public Works Joint Powers Mutual Aid Agreement is formed and entered into
effective as of the 1st day of July, 2018 by and among the governmental units that have
executed this document as evidenced by the signature pages attached hereto (individually,
a “Party” and collectively, the “Parties”).
I. GENERAL PURPOSE
The general purpose of this Agreement is to provide a means by which a Party may
request and obtain public works assistance from one or more other Parties when the
Party determines such public works assistance is necessary. This Agreement is
made pursuant to Minnesota Statutes, section 471.59, which authorizes the joint or
cooperative exercise of powers common to the Parties.
II. DEFINITION OF TERMS
For the purposes of this Agreement, the terms defined in this section shall have the
following meanings:
Subd. 1. Eligible Party. “Eligible Party” means a “governmental unit” as defined by
Minnesota Statues, section 471.59, subdivision 1.
Subd. 2. Public Works Assistance. “Public Works Assistance” means equipment
and personnel, including but not limited to, licensed staff, professional engineers,
and non-licensed personnel that are used for activities related to streets, water,
stormwater, wastewater, sewers, parks, transit, buildings/facilities, airports, and all
other public works programs.
Subd. 3. Party. “Party” means an Eligible Party that elects to participate in this
Agreement by the authorization of its governing body. “Parties” means more than
one Party to this Agreement.
Subd. 4. Requesting Official. “Requesting Official” means a person who is
designated by the Requesting Party to request Public Works Assistance from
another Party.
Subd. 5. Requesting Party. “Requesting Party” means a Party that requests Public
Works Assistance from another Party.
Subd. 6. Sending Official. “Sending Official” means a person who is designated by
a Party to determine whether and to what extent that Party should provide Public
Works Assistance to a Requesting Party.
Subd. 7. Sending Party. “Sending Party” means a Party that provides Public Works
Assistance to a Requesting Party.
Subd. 8. HCEM. “HCEM” means the Hennepin County Emergency Management or
designee.
III. PARTIES
The Parties to this Agreement shall consist of as many Eligible Parties that have
approved this Agreement by July 1, 2018. Additional Eligible Parties shall become a
Party on the date this Agreement is approved and executed by the Party’s governing
body.
Upon approval by a Party, the executed signature page of this Agreement shall be
sent to the HCEM along with a resolution approving this Agreement.
IV. PROCEDURE
Subd. 1. Designate Officials. Each Party shall designate, and keep on file with the
HCEM, the name of the person(s) of that Party who shall be its Requesting Official
and Sending Official. A Party may designate the same person as both the
Requesting Official and the Sending Official. Also, a Party may designate one or
more persons to serve as an alternate in the absence of a designated official.
Subd. 2. Request for Assistance. Whenever, in the opinion of a Requesting
Official of a Party, there is a need for Public Works Assistance from another Party,
such Requesting Official may, at his or her discretion, call upon the Sending Official
of any other Party to furnish Public Works Assistance.
Subd. 3. Response. Upon the receipt of a request for Public Works Assistance from
a Party, the Sending Official may authorize and direct personnel and equipment of
the Sending Party be sent to the Requesting Party. Whether the Sending Party
provides such Public Works Assistance to the Requesting Party and, if so, to what
extent such Public Works Assistance is provided shall be determined solely by the
Sending Official (subject to such supervision and direction as may be applicable
within the governmental structure of the Party by which they are employed). Failure
to provide Public Works Assistance will not result in liability to a Party and each
Party hereby waives all claims against another Party for failure to provide Public
Works Assistance.
Subd. 4. Back-Up Assistance. When a Sending Party provides Public Works
Assistance under the terms of this Agreement, it may in turn request Public Works
Assistance from other Parties as “back-up” during the period it is it outside of its
jurisdiction providing Public Works Assistance to the original Requesting Party.
Subd. 5. Recalling Assistance. Whenever a Sending Party has provided Public
Works Assistance to a Requesting Party, the Sending Official may at any time recall
its personnel and equipment, or any part thereof, if the Sending Official in his or her
best judgment deems such recall is necessary to provide for the best interests of the
Sending Party’s community. Such action will not result in liability to any Party and
each Party hereby waives all claims against another Party for recalling Public Works
Assistance.
Subd. 6. Command of Scene. The Requesting Party shall be in command of all
situations where Public Works Assistance is provided. The personnel and equipment
of the Sending Party shall be under the direction and control of the Requesting Party
until the Sending Party withdraws Public Works Assistance or the Public Works
Assistance is no longer needed.
Subd. 7. Charges. Charges may be levied by a Sending Party for Public Works
Assistance rendered to a Requesting Party under the terms of this Agreement. The
Sending Party may submit to the Requesting Party an itemized bill for the actual cost
of any Public Works Assistance provided, including salaries, overtime, materials, and
supplies, equipment operation, and other necessary expenses. The Requesting
Party will reimburse the Sending Party providing the Public Works Assistance for
that amount or other such amount as mutually negotiated. Such charges are not
contingent upon the availability of federal or state government funds. A Party may
request a list of rates from another Party prior to requesting assistance.
V. RESPONSIBILITY AND LIABILITY
Subd. 1. Personnel. Each Party shall be responsible for its own personnel and
equipment, and for injuries or death to any such personnel or damage to any such
equipment. Responding personnel shall be deemed to be performing their regular
duties for each respective Sending Party for purposes of workers’ compensation.
Subd. 2. Worker’s Compensation. Each Party will maintain workers’ compensation
insurance or self-insurance coverage, covering its own personnel while they are
providing Public Works Assistance pursuant to this Agreement. Each Party, and
where applicable its insurer or coverage provider, waives the right to sue any other
Party for any worker’s compensation benefits paid to its own employee or volunteer
or their dependents, even if the injuries or death were caused wholly or partially by
the negligence of any other Party or its officers, employees, or volunteers.
Subd. 3. Damage to Equipment. Each Party shall be responsible for damages to or
loss of its own equipment. Each Party, and where applicable its insurer or coverage
provider, waives the right to sue any other Party for any damages to or loss of its
equipment, even if the damages or losses were caused wholly or partially by the
negligence of any other Party or its officers, employees or volunteers.
Subd. 4. Liability. For the purposes of the Minnesota Municipal Tort Liability Act
(Minnesota Statutes, Chapter 466), the employees and officers of the Sending Party
are deemed to be employees (as defined in Minnesota Statutes, section 466.01,
subdivision 6) of the Requesting Party.
The Requesting Party agrees to defend and indemnify the Sending Party against
any claims brought or actions filed against a Sending Party or any officers,
employees, or volunteers of a Sending Party for injury or death to any third person or
persons or damage to the property of third persons arising out of the performance
and provision of Public Works Assistance pursuant to the Agreement. Under no
circumstances, however, shall a Party be required to pay, on behalf of itself and
other Parties, any amount in excess of the limits of liability established in Minnesota
Statutes, chapter 466, applicable to any one Party. The limits of liability for some or
all of the Parties may not, as provided in Minnesota Statutes, section 471.59,
subdivision 1a, be added together to determine the maximum amount of liability for
any Party.
The intent of this subdivision is to impose on each Requesting Party a limited duty to
defend and indemnify a Sending Party for claims arising within the Requesting
Party’s jurisdiction subject to the limits of liability under Minnesota Statutes, chapter
466. The purpose of creating this duty to defend and indemnify is to simplify the
defense of claims by eliminating conflicts among the Parties and to permit liability
claims against the Parties from a single occurrence to be defended by a single
attorney. However, the Sending Party, at is option and its own expense, shall have
the right to select its own attorney or approve a joint attorney as appropriate,
considering potential conflicts of interest. Nothing in this Agreement is intended to
constitute a waiver of any immunities and privileges from liability available under
federal law or the laws of Minnesota. If a court determines that the liability of a Party
or Parties is not subject to the tort caps and liability exceeds the tort cap maximum, a
Party shall be subject to liability only for the acts of its officers, employees and
volunteers.
No Party to this Agreement nor any official, employee or volunteer of any Party shall
be liable to any other Party or to any other person for failure of any Party to furnish
Public Works Assistance or for recalling Public Works Assistance.
VI. EFFECTIVE DATE AND MODIFICATIONS
This Agreement shall become effective and operative beginning at 12:01 A.M., local
time on July 1, 2018. The HCEM shall maintain a current list of the Parties to this
Agreement and, whenever there is a change, shall notify the designated Sending
Officials. Notice may be sent to the Sending Officials via email or through the United
States Postal Service. No modification of this Agreement shall be effective unless it
is reduced to writing and is approved by action of the governing body of each of the
then current Parties.
VII. WITHDRAWAL AND TERMINATION
A Party may withdraw from this Agreement by its governing body adopting a
resolution to withdraw. Withdrawal is effective after 30 days’ written notice is
provided to the HCEM. HCEM shall thereupon give notice of such withdrawal, and
the effective date thereof, to all other Parties. Parties that have withdrawn may rejoin
by following the procedure set forth in this Agreement. This Agreement will terminate
with respect to all Parties if the total number of Parties to the Agreement falls below
11. HCEM shall notify the remaining Parties that the Agreement has terminated.
IN WITNESS WHEREOF, the Parties, by action of their respective governing bodies,
caused this Agreement to be approved on the dates below.
(Each Party must attach a dated and signed signature
page consistent with that Party’s method of executing contracts.)
Entity:_______________________________
Mailing Address:
____________________________________
____________________________________
Adopted on the ___ day of ___________________, 2018.
By:_______________________________
Its:_______________________________
By:_______________________________
Its:_______________________________
Attest:
By:______________________________
Its:_____________________________
COU N C IL ITEM MEMOR ANDUM
DAT E:9/10/2018
TO :C urt Boganey, C ity Manager
T HR O UG H:N/A
F R O M:Doran C ote, P ublic Works Director
S UBJ EC T:R esolution Dec laring P ublic Nuisance and O rdering the R emoval Dead Tree
Requested Council Action:
- It is recommended that the C ity C ouncil declare a public nuisance and order the removal of dead trees for
certain properties as listed in the resolution.
Background:
T he attac hed res olution repres ents the official C ity C ounc il ac tion required to expedite removal of dead trees
that were recently marked by the C ity Tree Ins pector and have become a public s afety issue due to being a
hazard. T he removal of dead trees is defined in C ity O rdinanc e C hapter 20-202 and 19-101 through 19-106.
P roperty owners are given the opportunity to remove the dead tree on their own or enter into an agreement to
allow the C ity to remove the dead tree. A minimal administrative c harge of $50 is applied to the c os ts
as s ociated with the tree removal when an agreement with the property owner is exec uted.
If the owner does not res pond within ten (10) days , they are provided with a s econd notic e notifying them of
the C ity C ouncil meeting where the dead tree is declared a public nuis anc e. If the property owner does not
correc t the violation or enter into an agreement, the C ity will remove the dead tree. A minimum administrative
abatement s ervic e c harge of $150 will be impos ed based on the c os t of the abatement.
Budget Is s ues:
T he c os t of removal of dead trees loc ated on private property is the res ponsibility of the res pective property
owner, and if unpaid, is spec ially as s es s ed to the property.
Budget Issues:
T he c os t of removal of dead trees loc ated on private property is the res ponsibility of the res pective property
owner, and if unpaid, is spec ially as s es s ed to the property.
S trategic Priorities and Values:
Enhanc ed C ommunity Image
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO._______________
RESOLUTION DECLARING PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DEAD TREE
WHEREAS, Brooklyn Center City Code Section 20-202 and 19-101 through 19-
106, declares any dead tree a public nuisance and provides for abatement by the City if not
corrected by the property owner; and
WHEREAS, removal of dead trees and abatement of the public nuisance is
necessary to prevent the hazard and to protect the safety of the public in neighborhoods; and
WHEREAS, a Notice to Abate Nuisance and a Dead Tree Removal Agreement has
been issued to the owners of certain properties in the City giving the owners ten (10) days to
remove dead trees on the owners’ property; and
WHEREAS, the City can expedite the removal of these dead trees by declaring
them a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The dead tree at the following address is hereby declared to be a public nuisance.
Property Address Tree Type Tree Number
6023 Lyndale Aven ue N Maple 47
2. After ten (10) days from the date of the initial notice, the property owner(s) was
notified of the City Council action regarding the determination by the City Council
declaring the dead tree a public nuisance.
3. The property owner(s) will receive a final written notice providing five (5) business
days in which to contest the determination of the City Council by requesting, in
writing, a hearing. Said request shall be filed with the City Clerk.
4. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall
be removed by the City. The cost of abatement shall be recorded and become the
personal responsibility of the owner of record. If unpaid, the costs shall be
specially assessed to the property in accordance with City codes and Minnesota
Statutes Chapter 429.
RESOLUTION NO._______________
September 10, 2018
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.
COU N C IL ITEM MEMOR ANDUM
DAT E:9/10/2018
TO :C urt Boganey, C ity Manager
T HR O UG H:Meg Beekman, C ommunity Development Director
F R O M:Jesse Anders on, Deputy Direc tor of C ommunity Development
S UBJ EC T:R esolutions C ertifying S pecial Assessments for Administrative F ines /C itations
Requested Council Action:
- M otion to open P ublic H earing for special assessments of administrative fines/citations.
- M otion to close P ublic H earing for special assessments of administrative fines/citations.
- M otion to approve the attached resolutions certifying special assessments for administrative fines/citations.
Background:
O ne P ublic Hearings is s cheduled for S eptember 10, 2018 to cons ider c ertific ation of propos ed spec ial
as s es s ments for abatements and administrative fines /c itations. T he C ity C ouncil called for a P ublic Hearing
for S eptember 10, 2018 at its Augus t 13, 2018 meeting. T he Notic e of P ublic Hearing was pos ted in the C ity’s
official news paper, S un P os t, on August 23, 2018. All potentially affected property owners have been notified
by certified mail of the date of the P ublic Hearing and the amount of the proposed s pecial as s es s ments . As of
S eptember 7, 2018, a formal appeal has not been made to C ity staff since the August 13, 2018 C ouncil
meeting.
T here is no longer a public hearing required for abatements as all delinquent abatement ac counts have been
paid.
F or adminis trative citations /fines , an appeal proc es s is pres cribed by C ity O rdinance C hapter 18. Information
about the appeal proc es s and time frames is provided with the citation notific ation.
Budget Issues:
An administrative fee and interes t is added to the c os t of the citations as part of the as s es s ment proc es s . T hes e
fees help rec over s ome of the c os ts the C ity inc urs related to s ervic es provided to spec ific properties. F or
acc ounting purposes, spec ial assessment fees are inc luded in the general fund as revenue. It is antic ipated that
thes e c os ts recovered through spec ial assessments will be rec eived in 2019, and are therefore inc luded in the
2019 budget.
T he levy roll for administrative fines /c itation costs $37510. An updated lis t will be provided at the C ouncil
Meeting reflec ting payments made by S eptember 7, 2018.
S trategic Priorities and Values:
S afe, S ecure, S table C ommunity
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR
ADMINISTRATIVE FINES/CITATION COSTS TO THE HENNEPIN
COUNTY TAX ROLLS
WHEREAS, the City of Brooklyn Center has caused Administrative
Fines/Citation costs for certain properties within the City from July 1, 2017 thru June 30, 2018
under the authority of City Ordinance Section 18-204 and Minnesota Statutes, Section 429; and
WHEREAS, on September 10, 2018, certain Administrative Fines/Citation costs
remained unpaid; and
WHEREAS, an assessment roll for unpaid accounts from July 1, 2017 thru June
30, 2018, a copy of which is attached hereto and made part hereof by reference, has been
prepared by the City Clerk, tabulating those properties where Administrative Fines/Citation costs
are to be assessed to each property; and
WHEREAS, City Ordinance Section 18-210 and Minnesota State Statute
authorizes the certification of certain delinquent Administrative Fines/Citation accounts to the
County tax rolls for collection; and
WHEREAS, pursuant to proper notice duly given as required by law, the Council
has met and heard and passed upon all objections to the proposed assessment for Administrative
Fines/Citation costs.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. The special assessment roll of Administrative Fines/Citation costs incurred
from July 1, 2017 thru June 30, 2018 is hereby adopted and certified as Levy
No. 19786.
2. The special assessments as adopted and confirmed shall be payable with ad
valorem taxes in 2019, in one annual installment with interest thereon at four
(4.0) percent per annum and shall bear interest on the entire assessment from
October 1, 2018 through December 31, 2019.
RESOLUTION NO. _____________
3. The owner of any property so assessed may at any time prior to the
certification of the assessment to the County Auditor pay the whole of the
assessment, to the City Treasurer, without interest, if the entire assessment is
paid on or before October 10, 2018. After October 10, 2018, he or she may
pay the total special assessment, plus interest. Interest will accumulate from
October 1, 2018 through the date of payment. Such payment must be made
by the close of business November 21, 2018 or interest will be charged
through December 31 of the succeeding year.
4. The City Clerk shall forthwith transmit a certified duplication of this
assessment to the County Auditor to be extended on the proper tax lists of the
county and such assessments shall be collected and paid over in the same
manner as other municipal taxes.
September 10, 2018 ________________________________
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:
whereon said resolution was declared duly passed and adopted.
Special Assessment
Public Hearings
Administrative Citations/Fines
Presented by:
Jesse Anderson, Deputy Director of
Community Development
Special Assessment Background
Minnesota State law allows cities to recover
•
costs of certain types of services through
special assessment
Property owners have been sent a certified
•
letter regarding the public hearing and the
notice was in the August 23 sun post.
The assessment will roll to Hennepin County on
•
December 1 if they remain unpaid and be
added to their 2019 property taxes.
2
Special Assessment Info
All delinquent abatement accounts have been
•
paid.
As of today
•
Revised proposed levy rolls provided to City Council
o
Reflects payments made and adjustments based on any
o
previous communication with staff
Received one emailed appeal at 3:00 today.
o
(Written appeals were due by 9/7/2018)
•
appeal include in updated levy roll
•
3
Recommended Procedure for
Public Hearings
Conduct all Public Hearings
•
Appellants state basis for their appeal at front
•
podium during Public Hearing
Council may remove any appeal
reasonable
•
from proposed levy roll and adopt remaining
proposed assessments
Appellants provide contact information to staff
•
Public Hearing continued for those properties
•
Staff will review and provide report for appeals
•
at upcoming City Council Meeting for review
by City Council
4
Questions?
Thank you
5
Guidelines for Appellants
People wishing to appeal should:
•
1.Use the center podium in front of Council
2.State their full name and their current
address
3.Provide the address of the property with the
pending special assessment (if different)
4.State the reason they think they should not
have to pay the pending assessment costs
5.Then appellants should provide contact
information on the signup sheet
6
Delinquent Utilities
City of Brooklyn Center
City Council Meeting
September 10, 2018
Minnesota State law allows cities to recover costs of
certain types of services through special
assessment to the property
The City incurs costs of providing public utilities,
typically recovered through user charges. If these
user charges remain unpaid, the costs may be
assessed to the property.
Public hearing required.
Customer receives a regular utility bill (water/sewer/storm
sewer/street light/ recycling)
If utility bill is not paid, as of June 30, letter sent to customer
notifying them the account is past due and amount will be
certified against property taxes if not paid. Customers given
opportunity to pay outstanding bill prior to certification.
If utility bill continues to remain unpaid, second letter sent
indicating account will be certified for collection with property
taxes following a public hearing. This letter details process
and legal authority for certification. Customers that do not
pay their account balances after receipt of this letter included
in the final assessment roll.
Unpaid Charges -$496,644
◦Last Year -$459,320
◦Increase of 8.1%
Unpaid Accounts -677
◦Last Year –624
◦Increase of 8.5%
Conduct public hearing for Delinquent Public Utility
accounts.
Customers may provide a basis for their appeal
during the public hearing.
If needed, City Council may direct staff to
investigate further and public hearing will be
continued for those properties.
Staff will review cases and provide report at
upcoming City Council Meeting for review by City
Council
Unity Place Improvements,
Site Plan Review Memo, August 24, 2018
Page 2 of 3
Miscellaneous
10. See redlines for additional Site Plan comments.
11. Upon project completion, the applicant must submit an as-built survey of the property,
improvements and utility service lines and structures; and provide certified record
drawings of all project plan sheets depicting any associated private and/or public
improvements, revisions and adjustments prior to issuance of the certificate of occupancy.
The as-built survey must also verify that all property corners have been established and are
in place at the completion of the project as determined and directed by the City Engineer.
12. Inspection for the private site improvements must be performed by the developer’s
design/project engineer. Upon project completion, the design/proj ect engineer must formally
certify through a letter that the project was built in conformance with the approved plans and
under the design/project engineer’s immediate and direct supervision. The engineer must be
certified in the state of Minnesota and must certify all required as- built drawings (which are
separate from the as-built survey).
13.The total disturbed area doesn’t exceed one acre, therefore an NPDES permit is not required.
In addition, the total disturbed area is 0.66 acres; applicant has submitted plans to the City of
Brooklyn Center for project review on behalf on the Shingle Creek Watershed Commission.
The City requests the applicant attempt to install BMP’s to improve water quality, where
possible and feasible. Erosion control measures shall be installed to provide erosion from
disturbed areas surrounding rear patios.
14. Applicant must apply for a land disturbance permit.
Prior to issuance of a Land Alteration
Final construction/demolition plans and specifications need to be received and approved by
the City Engineer in form and format as determined by the City. The final plan must comply
with the approved preliminary plan and/or as amended as required by the City Engineer.
A letter of credit or a cash escrow in the amount of XSWR125% of the estimated cost as
determined by City staff shall be deposited with the City.
A Construction Management Plan and Agreement is required that addresses general
construction activities and management provisions, traffic control provisions, emergency
management provisions, storm water pollution prevention plan provisions, tree protection
provisions, general public welfare and safety provisions, definition of responsibility
provisions, temporary parking provisions, overall site condition provisions and non-
compliance provisions. A separate $2,500 deposit will be required as part of the non-
compliance provision.
Anticipated Permitting:
18. A City of Brooklyn Center land disturbance permit is required.
19. Other permits not listed may be required and is the responsibility of the developer to obtain
and warranted.
Unity Place Improvements,
Site Plan Review Memo, August 24, 2018
Page 3 of 3
20. Copies of all required permits must be provided to the City prior to issuance of
applicable building and land disturbance permits.
21. A preconstruction conference must be scheduled and held with City staff and other
entities designated by the City.
The aforementioned comments are provided based on the information submitted by the applicant at
the time of this review. Other guarantees and site development conditions may be further
prescribed throughout the project as warranted and determined by the City.
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7256 Unity Avenue North | Dan Walsh
(Community Housing Development Corporation)
REQUEST:
(1)Site and
Building Plan
(2)Preliminary
and Final Plat
Item 9.a
City Council Meeting of 09/10/2018
Background & Request
Applicantisrequestingapprovalof:
(1)ApprovalofaSiteandBuildingPlanforanapproximately2,600-squarefootcommunity/servicebuilding,anapproximately550-
squarefootmaintenancegarage,andotherrelatedsiteimprovements,and(2)requestforPreliminaryandFinalPlatapproval
Thissiteismorecommonlyknownas“UnityPlace”andisa112-unitaffordablerentaltownhousecomplex
PropertyiszonedR3(MultipleFamilyResidence)District
Source: Google Maps
Existing Conditions
Source: Ginny McIntosh
Preliminary | Final Plat
Applicantisrequestingpreliminaryandfinalplat
approvaltoformallysubdivideandconsolidate
Lots1to113,Block1containedinTHEPONDS
PLATSIX.Thiswouldresultinthecreationof:
Lot 1 –Approximately 10.17 acres
OutlotA–Approximately 0.78 acres
Approvalwouldallowforthecreationofan
outlotalongShingleCreek,whichwould
ultimatelyseparatethefloodwayportionofthe
SubjectPropertyfromthatportioncontaining
theSubjectProperty’simprovements(i.e.
dwellingunits).
ThisisrequiredaspartofApplicant’sintentto
applyforHUDfinancing,whichwouldallowfor
overallupgradingoftheexisting112
townhouseunits,constructionofthenew
community/servicebuilding,maintenance
garage,andsiteimprovements.
Additionally,theexistingplat(THEPONDS
PLATSIX)isatownhousestyleplatthatwas
originallyintendedforindividualownership.As
theuseisasrentalhousing,thereisan
opportunitytosimplifyBlock1intoonelotand
Source: Alliant Engineering
oneoutlot,ratherthantheexisting113lots.
Blocks2(centralcommonsarea)and3
(westernportionofSubjectProperty)arenot
underconsiderationaspartofthisapplication.
Preliminary | Final Plat (Cont.)
Source: FEMA (November 2016)
Building Review
Applicantisrequestingapprovalforconstructionof
anapproximately2,600-SFcommunity/service
buildinginthecentralcommonsareaofthe
SubjectProperty,whichwouldprovideresidents
with:
Fitnessroom,partyroom,meetingroom,andrelocated
leasingoffices.
Apatiowouldbeconstructedoffthebuildingandnew
playgroundequipmentwouldbeinstalled.
Source: Miles & Associates
Building Review (Cont.)
Applicantisalsorequestingapprovalof
anapproximately550-SFmaintenance
garage
NoCitymandatedbuildingmaterial
regulationsforresidentialuses—
Applicantintendstouselap/panelsiding
Source: Miles & Associates
Source: Google Maps
Access and Parking
Therearenoplanstoaltertheexisting
PondsDrive(privateroad)orUnity
AvenueNorth
TheApplicantisproposingtoinstall
seven(7)newparkingspaces,including
one(1)ADAspace.
Thiswouldbringparkingdeficiencyfrom28
to21parkingspacesshort.
FollowingreviewofSubjectProperty,
Citystafffeelstheremaybeadditional
opportunitiestoaddparkingalong
centralcommonsarea.
Provided Parking Spaces (in bold)
Parking UseMinimum Required Parking Spaces
Residential112 dwelling units x 2 spaces per dwelling
203 spaces
unit= 224 spaces needed
ADA (201 to 300 spaces)7 spacesVerify
Total Required Parking
224 spaces
(ADA spaces incorporated into total)
Total Provided Parking
203 spaces –deficient 21 spaces
(ADA spaces incorporated into total)
Lighting | Trash | Screening
Lighting
PhotometricPlan:Theproposedlightingiswithinthemaximumallowablefoot-candles(10f.c.fornon-residential/streetROW,and3f.c.for
residential)
LightingFixtureCount:12newlightfixtures
PerCityCode,lightingistobedown-cast,andutilizelenses,reflectors,orshades.TheproposedlightingwouldbeLEDandpossess
cutofflenses.
TheApplicantshouldverifythatthethree(3)20-foothighlightpoles,whichindicatea“mediumcutoff,”willbeshielded.
Trash|Screening
Trashenclosureistobefullyenclosedandscreened.Anenclosureisproposedalongsidetheproposedcommunity/servicebuilding.
Therearethreeexistingtrashenclosureslocatedaroundtheperimeterofthecentralcommonsarea–Applicantshouldensureenclosures
havebeenmaintainedandthatalldumpsterlidsandenclosuregatesareclosedwhennotinuse.
Perphoneconversationswithneighboringresidents,someconcernswereidentifiedregardingtheoverallmaintenanceofthetrash
enclosurefacilitiesfortheSubjectProperty,and,specifically,dumpingthathasoccurredalongthesouthernpropertyline,betweenthe
townhousesandanexistingchainlinkfencealongtheadjacentwaterway.
Staffnotedthataplantoengageandeducateresidentsaboutproperdisposalshouldbeidentified,andtheApplicantshouldbeproactivein
keepingtheSubjectProperty,andespeciallytheareasalongthewaterway,clearoftrashanddebris.TheApplicantaddressedtheseissues
atthePlanningCommissionmeetingonAugust30,2018.
Landscaping
AlandscapeplanwasprovidedbytheApplicant.
PlantingTypeMinimumSizePointsPerPlantingMaximum Points (%)PointsAccrued
ShadeTrees2½”diameter10
584pointsaccrued
50%or584points
(78treesx10=780)
ConiferousTrees5’height640%or467points
234pointsaccrued
(39treesx6=234)
DecorativeTrees1”diameter1.535%or409points
1.5pointsaccrued
(1treex1.5=1.5)
Shrubs12”diameter0.525%or175points
140.5pointsaccrued
(281shrubsx0.5=140.5)
Total100%=1,167points960points
Aminimumof1,167pointsisrequiredforthe16.45acresiteassuminga“Multi-FamilyResidential”use.
BasedonCitystaffcalculations,theApplicantisproviding960points,whichis207pointsdeficientoftheplantingsnecessaryperthe
City’sLandscapePointSystemPolicy.Theremaybeopportunitiestoaddadditionallandscaping,oraccountforplantingsthatmay
havenotbeencounted(thatshouldbe).TheLandscapePlanwillneedtoberevisedaspartofanybuildingpermitsubmittal.
Applicantnotedthatsitewillbefullyirrigated.
Staff Reviews
AssistantCityEngineer
ApplicantshallcomplywiththecommentsandconditionsasnotedinthememorandumAugust24,2018
(ExhibitD).
NoprojectreviewisrequiredbytheWestMississippiWatershedCommission(proposeddisturbedarealess
than0.5acres),andanNPDESpermitisnotrequired.
TheApplicantshouldattempttoinstallBMPstoimprovewaterquality,whereverpossibleandfeasible.
FireInspector
PerplansreceivedanddiscussionswiththeBuildingOfficial,thecommunity/servicebuildingmustbe
sprinkleredasitisapublic(commercial)building.
ApplicantwillneedtoworkwithFireInspectortoensurecompliancewithsuchitemsas:maximumdistance
fromfirehydrants,directemergencyaccesstoriser/utilityroom,anynecessaryFDCconnections,installation
offiresprinklersystem,etc.
The Applicant shall work with the Fire Inspector and Building Official to ensure all aspects of the site meet Fire
Code and Building Code requirements.
Summary
APublicHearingnoticewaspublishedintheBrooklynCenterSunPostonAugust16,2018,andmailnoticeswere
sent.
Citystaffspoketoanumberofresidentsresidingalong72Circle,justsouthofUnityPlace(SubjectProperty),aswell
nd
asaresidentwithpropertiesalongUnityAvenueNorthand71Circle,andincludedinquiresasto:
st
Wherethecommunity/servicebuildingandmaintenancegaragewouldbebuilt
Ifnewdwellingunitsweretobebuilt
Howtheprojectwastobefinanced
ImpactonCity’staxbaseandresidentpropertytaxes
ConcernsrelatingtotheconstructiontimelineandanyconstrictiontoUnityAvenueNorthforconstructionequipmentandmaterials,
etc.
AcoupleresidentscommentedonthedumpingoftrashbehindsomeoftheUnityPlacetownhouseunits,whichface
someofthepropertiesalong72Circle.
nd
TheApplicantaddressedoneoftheresidentsatthePCMeetingonAugust30.Perafollow-upconversation,the
th
Applicantintendsto(1)introduceinformationtoresidentsontheproperdisposaloftrash,(2)install“nodumping”
signageinmultiplelanguagesatkeylocationsaroundtheperimeteroftheSubjectProperty,and(3)incorporatethe
managementandmaintenanceprovisionsrequestsregardingtrashenclosures/dumpstersanddumpingtotheformal
managementagreementwiththeon-sitemanagementcompany.
FollowingcommentaryfromtheresidentandApplicant/representativesofApplicant,andquestionsfromthe
Commissioners,thePlanningCommissionapprovedthePreliminary/FinalPlatrequest(6-0)andSiteandBuildingPlan
request(6-0).
Summary and Recommendation
Recommendation
Based on the above-noted findings, the Planning Commission recommends:
CityCouncilapprovetheresolutionsregardingthedispositionofPlanningCommissionApplication
No.2018-014,foraPreliminaryandFinalPlatandSiteandBuildingPlanapproval,basedonthe
submittedplans,findingsoffact,andsubjecttotheconditionsoutlinedinthePlanningCommission
StaffReportdatedAugust30,2018.
Site Plan (Unity Place)
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Brooklyn Center Chicken Ordinance Proposal
Presented on May 15th, 2018
By: Brooklyn Center Chicken FB Group of 80+ members
pg. 1
Table of Contents
Ordinance proposal ………………………………….. pg. 2
Advantages ..…………………….. ………… pg. 3-5
Common concerns ………………………………….. pg. 6-10
Definitions
Chicken. A chicken (Gallus gallus domesticus) is a domesticated type of fowl that serves as an egg or
meat source.
Clucking. The sound uttered by a hen when laying eggs, brooding, or in calling her chicks.
Crowing. The sound uttered by a rooster is the ‘singing’ of the rooster. Roosters crow for many reasons
including: reacting to a disturbance, reacting to almost any kind of sound (cars, people, other roosters,
other animals, etc.), guarding their territory, feeling threatened, a predator ‘trespassing’ on their
territory, or just communicating with other chickens
Coop- A chicken coop or hen house is a small house where, typically, female chickens or other fowl are
kept safe and secure. There are nest boxes found inside the hen houses for egg-laying, and perches on
which the birds can sleep.
pg. 2
New Proposed Ordinance
It is proposed that chickens be removed from Section 19-104.
If the city feels chicken-keeping needs to be controlled more than is already adequately
addressed by the current animal nuisance ordinance, it is proposed that an ordinance pertaining
only to chickens be created.
The following ordinance pertaining to chickens is then proposed (Proposed Ordinance):
1. Single family homes within the City of Brooklyn Center shall be permitted to keep
laying hens for pets and household (not commercial) egg gathering. Those who rent a single
or two family residential property is allowed, BUT ONLY IF the property owner provides
a written statement to the City, confirming the tenant may have chickens on the property.
2. Roosters and slaughtering are prohibited.
3. Chickens and their enclosures must not be visible from the street.
4. Coops and Runs must be constructed in a workmanship manner, maintained in good
repair, and kept clean and sanitary to deter vermin and objectionable odors. Coops and
runs may be constructed with wood and. Or woven wire materials to allow chickens to
contact the ground.
6. Limit to 6 Hens per household
7. Feed must be kept in a tight lid container and waste must be either composted or
discarded appropriately
It is unnecessary to require licensing of hens, just as Brooklyn Center does not require licensing
of dogs, cats, or any other animals. There is also no need for setback requirements, as outdoor
dogs — much more likely to jump on fences or bark loudly at neighbors, as well as produce five
times the amount of excrement — are not required to be kept any distance from the property line.
And as signatures of consent are not needed for neighbors to own dogs (large or small, noisy or
not), it similarly does not make sense to require hen owners to acquire such consent. These types
of unnecessary restrictions do not produce better animal owners and in many cases can be struck
down as unconstitutional in the face of established property rights.
In the unlikely case that an animal owner is neglectful, their animals will be a nuisance (whether
that be dogs, cats, chickens, etc). Since Brooklyn Center already has an animal nuisance
ordinance in place, Brooklyn Center residents would remain protected.
pg. 3
Advantages
x Fresh Eggs! This is the obvious reason – you’ll have a supply of fresh eggs on
hand. Not to mention the convenience, as you’ll have absolutely no need to get
out of your pajamas and head to the store to make a fresh, healthy breakfast.
x Organic & Non-GMO- Caged hens are fed a diet of corn, soy and cottonseed
meals … three huge GMO crops. If you really take the old saying ‘you are what
you eat’ to heart, then you’ll be wary of eggs which come from these hens. By
keeping your own, you know exactly what they’re eating and can avoid feeding
them engineered and antibiotic laden crops.
x Greater Nutrition- Free range eggs from your backyard have been shown to
have a far greater nutritional value than nasty battery eggs. There is more than
seven times the Vitamin A and Beta Carotene (essential for good eyesight) and
almost double the Vitamin E in free range eggs. When it comes to the essential
fatty acid Omega 3 (which is necessary for heart health, healthy cholesterol
levels and positive mental and behavioral health) the free range variety win again
with an incredible 292mg, versus a 0.033mg in store bought eggs. You’ll also get
less saturated fat in free range eggs
(Left is store bought right is fresh from the coop)
x Educational Value- Did you know chickens have a great memory and can
differentiate between over 100 human or animal faces? They love to play, they
dream, they mourn for each other and they feel pain and distress. They also make
great mothers – they talk to their chicks while still in the egg, and turn the eggs
about 50 times a day. The term ‘pecking order’ didn’t come out of nowhere –
hens have an ordered social structure based on a hierarchy. If you make room for
them in your back garden, you and your family will get to learn all about these
fascinating creatures up close.
pg. 4
x Free Fertilizer- Maybe free chicken manure isn’t something to get too excited
about, but if you’re proud of your garden it can work wonders. Chicken manure
is actually classed as being one of the most desirable manures due to its high
nutrient level. Utilizing this is an important part of sustainable and organic
agriculture. It’s estimated that having between 5 and 10 chickens should produce
enough fertilizer to take care of your entire vegetable garden and yard for the
year. It’s also great to add to your compost.
x Pest Control- When you get have backyard chickens, you’ll have a great excuse
to ditch the pesticides and chemical-laden bug killers. Your chickens will do that
job for you. They eat pretty much any bug including beetles, slugs, ticks and
grasshoppers.
x Cuts down on food waste- Nationwide, food scraps make up about 17% (29
million tons) of what is sent to landfills, and yard waste is slightly more at 33
million tons. Your chickens can help you out here too! In addition to some
chicken food, they’ll eat pretty much most kitchen scraps – fruit and vegetable
peelings, bread, cooked beans, cooked rice, oatmeal, pasta … and the list goes
on.
x Weed Control- Chickens may just be the perfect sidekick for every gardener. A
source of pest control and manure all in one, they also will rid your garden of
those invasive weeds that pop up all over the place. As they scratch and claw the
ground, they eat and disperse all those weed seeds that have blown in. Next year,
you’ll be amazed at your neat and tidy garden.
x The social aspect- Would you believe there are entire communities dedicated to
raising backyard chickens? Just do a quick internet search and you’ll see. It’s a
great way to share your newfound passion with others, to pick up some tips and
tricks, and to brag about how great the new additions to your family are. It’s
good for real-life socializing too. Mentioning you keep chickens is a great
conversation starter and I’ll bet your kids’ friends want to come over and check
out these cool creatures.
x Cuts down on food miles- We’ve all heard of food miles – the distance over
which a food item is transported from producer to consumer. Well, you can’t cut
down on this particular type of environmental impact much more than keeping a
source of food in your own back garden. As you also clock up miles getting
waste foods away from you and to the landfill, it seems these useful creatures
save you miles twice when they gobble up your table scraps too!
http://www.naturallivingideas.com/20-convincing-reasons-to-keep-backyard-chickens/
pg. 5
Common Concerns
“Chickens are smelly!”
Chickens don’t smell bad any more than other pets do. A properly clean chicken coop has
no objectionable odors. While it’s certainly true that if your chicken coop is seldom or never
cleaned, it will begin to smell, the same is true of a cat box that is never cleaned, or a dog
kennel that is never cleaned. There are laws against animal cruelty, animal neglect, animal
abuse, and so on that apply to all pets. The bottom line is that responsible people give their
pets proper care and provide them with a clean environment.
“Laying hens are loud!”
The truth is that a flock of laying hens is actually quiet, far quieter than dogs are. A hen
will cackle or squawk when she lays an egg. That occurs once a day—or less, depending on the
breed and age of the hen, as well as the season.
The noise level for the squawk after egg laying is up to 60 decibels at its very loudest, or
about the same volume as a normal conversation between two people… and in the same range of
noise volume made by an air conditioner, a washer, or a flushed toilet. That’s as loud as they get.
Lawn mowers and barking dogs register at around 90 -100 decibels, much louder than a few
hens. And roosters can be loud, sure–about as loud as a barking dog–but roosters are not required
for egg production.
The noise argument is based on basic ignorance about chickens and biology. Many
uneducated people think they will hear crowing if their neighbors keep hens for eggs, because
they think a rooster is required for egg production… but he’s not. Human women ovulate
regardless of whether a male is around or not, and so does a hen. Remember, roosters are only
required if you want your hen’s eggs to be fertile!
pg. 6
“Chickens will attract wild animals to my neighborhood!”
Presuming you keep everything clean and tidy with your pet chickens just as you would
when keeping a pet cat or dog, raising chickens doesn’t make rodents or other pests magically
appear from thin air. While it IS true that if there are any pests already in your neighborhood,
they might be attracted to chicken feed if you spill it or don’t keep it secured, they would be just
as attracted to spilled or unsecured cat or dog food, wild bird feed, a koi pond, or even to your
family’s food waste discarded in unsecured outdoor garbage cans or compost piles–and all of
those probably already exist in most neighborhoods, anyway. Chicken food is no different from
any other pet food in that respect. If you do have small rodents in your area, a flock of chickens
can actually reduce their number, since some breeds will catch and eat small mice and moles like
cats do–chickens will eat small snakes, too. Plus, they eat other pests like ticks, mosquitos,
grasshoppers and the like.
“Legalizing chickens will negatively affect property values”
Not true. Take a few moments to read some old news stories about the legalization of
backyard chickens, and you’ll notice that no actual evidence indicating that property values drop
due to backyard chickens is EVER cited. Instead, the media will report that opponents simply
have a “fear” of reduced property values. It seems to me that reporters should follow that claim
up with actual data… but there is none to be had (and you know the media these days). So this
argument is like a bogeyman: it’s not real, but is frequently employed to frighten people into a
position of compliance and fear. We’ve heard stories about realtors who feel that the right to
keep a small flock of chickens could attract people to buy. Especially those of younger families
who have a desire to be more connected to their food.
Rather than driving neighbors apart, chickens are usually conversation starters,
particularly unusual breeds like Polish with their huge crests, or Silkies with their fur-like
feathers. And today’s small flock chicken coops are boutique, high-end items designed to look
pretty in the yard. Remember, neighbors who want to keep chickens are just that: your neighbors.
They care about the value of their homes and the quality of life in their community just as much
as opponents of backyard chickens do–maybe more. People who keep backyard chickens are
often involved in many other hobbies that add value to your neighborhood, including flower or
vegetable gardening, beekeeping, growing fruit trees or berry bushes and so on. Think about it:
this is exactly the sort of thing that can enhance community feeling and friendship in your
neighborhood. Imagine a neighborhood where your neighbors share berries, fresh eggs, zucchini
and tomatoes with you… and you might “lend” a cup of sugar or share a mug of coffee. That’s
what good neighbors do.
That’s why some of the most expensive and exclusive communities in the country allow small
flocks of laying chickens. For example, New York, Portland, Chicago and Boulder–cities with
some of the highest property values in the country–allow hens. If keeping chickens negatively
pg. 7
affected the property values of the communities that permitted them, surely the communities
would be taking steps to repeal them based on this mounting evidence, right? This is not
happening. Instead, in some areas with high property values, the regulations are actually
becoming more permissive with regard to backyard chickens, presumably because these places
have found that the quality of life has improved. For example, in 2010, Seattle went from
allowing families 3 hens to allowing 8 hens, a much more reasonable number if your family eats
lots of eggs, especially if you don’t want to be limited to getting only the breeds with the highest
egg production.
The “property value” argument is typically based on emotions and other evidence-less
prejudices. There is zero evidence that legalizing pet chickens has affected property values.
“People who want to keep chickens should just move to the country!”
This is probably the most ridiculous “argument” of all, if it can even be termed an
argument. In the United States, no matter where you live, you have basic rights that allow you to
enjoy your own property… but that means your neighbors have the same rights to enjoy their
property, as disappointing as some may find that to be. If YOU are unduly bothered by your
neighbors–when their activities don’t affect property values, produce foul odors, loud noise,
excess waste or present other actual problems–then YOU are the one who’ll need to consider
moving out of town and into the country.
https://blog.mypetchicken.com/2012/07/20/the-6-silliest-arguments-against-backyard-chickens/
“Having Backyard Chickens increases the risk of diseases.”
Healthy birds will be active and alert with bright eyes. They will be moving around —
pecking, scratching, and dusting — except on hot days when they will find shade. Chickens that
are healthy and active will also talk and sing quietly throughout the day.
As far as laying and eating habits, each chicken is different, so monitor each chicken to get a feel
for her normal production and consumption. Healthy droppings will be firm and grayish brown,
with white urine salts.
Chickens raised in backyard settings generally stay healthy and are not easily susceptible to
diseases. The easiest way to find disease in chickens is to know what a healthy bird looks like.
When a chicken isn’t acting normal, for instance if she doesn’t run to the food as usual or she
wheezes or sneezes, start investigating. The table below lists some possible causes of illness to
chickens.
pg. 8
Infectious (invasion by another
organism)
Noninfectious (nonbiological in origin)
Bacteria Chemical poisoning
Mold and fungi Hereditary defects
Parasites Nutritional deficiencies
Viruses Unknown causes
http://www.extension.umn.edu/food/smallfarms/livestock/poultry/backyard-chicken-
basics/
Avian Influenza A Virus Infections in Humans
Although avian influenza A virus that usually does not infect people, but rare cases of
human infection with these viruses have been reported. No reports of the Avian
Influenza in humans have been reported in the United States. Infected birds shed avian
influenza virus in their saliva, mucous and feces. Human infections with bird flu viruses
can happen when enough viruses gets into a person’s eyes, nose or mouth, or is inhaled.
This can happen when virus is in the air (in droplets or possibly dust) and a person
breathes it in, or when a person touches something that has virus on it then touches their
mouth, eyes or nose. Rare human infections with some avian viruses have occurred
most often after unprotected contact with infected birds or surfaces contaminated with
avian influenza viruses. However, some infections have been identified where direct
contact was not known to have occurred. Illness in people has ranged from mild to
severe.
Bird Flu Outbreaks in Birds
Outbreaks of bird flu happen among birds from time to time. When deadly bird flu
outbreaks happen in U.S. poultry, the United States Department of Agriculture (USDA)
works with industry, state and other government partners to stop the outbreak so that it
does not spread to other poultry. The Centers for Disease Control and Prevention works
with partners to protect the public’s health during these outbreaks. The risk to the public
from bird flu outbreaks is low; however, because other bird flu viruses have infected
people, it is possible that human infections with these viruses could occur. Risk depends
on exposure. People with no contact with infected poultry or contaminated surfaces are
thought to be at very low to no risk of infection. People with close or prolonged
unprotected contact with infected birds or contaminated environments are thought to
be at greater (though probably still low) risk of infection.
pg. 9
Salmonella:
Humans do not catch salmonella from chicks or chickens the way you would catch a
cold from your neighbor. Salmonella is food poisoning; you get it from eating infected
meat or eggs. Even then, in order to get a case of salmonella, the meat and eggs you
have eaten must be improperly prepared, that is, not completely cooked through. Or,
you can also get salmonella by getting your hands or something else contaminated with
feces and then putting that thing in your mouth. People more at risk for contracting
Salmonella are very young, very old, and pregnant or have immune systems that are
already compromised in some way. The best way to keep your children and family safe
from infection is by keeping your own hens whose conditions you can monitor, and by
having your family members wash their hands after dealing with chickens. You want to
have them wash hands after dealing with any pets, for that matter. Alcohol is an
effective sanitizer for salmonella bacteria.
But when it comes to issues with Salmonella, contamination is FAR more of an issue
with factory farmed birds that produce eggs for grocery stores, not with your backyard
pets. This is because the conditions chickens are kept in at factory farms are simply
terrible. (You can Google information about this if you have a strong stomach, but to
give you an idea, some of the conditions birds are forced to endure in factory farms
include having to share cages or space with—and lay eggs on—other dead and rotting
birds.) Since salmonella is food poisoning, it isn’t an illness that passes from person to
person or hen to hen like a cold. When chickens get salmonella, it is usually the result of
hens eating rat droppings or worse in their tiny, dirty spaces at commercial egg farms.
Yuck.
Presuming you don’t keep your hens in the same inhumane circumstances they are kept
in at factory farms---that is, presuming your coop is clean and roomy and you provide
fresh food and water for them at all times---it is doubtful your home flock would
contract salmonella. Birds in factory farms have immune systems that are already
stressed by the terrible conditions they experience every day. At home, salmonella
illness in your hens is easy to prevent: keep the coop clean and your hens happy. And
most importantly, be alert to sign of illness so that if there is a problem, you can take
care of it. But do be aware that your hens don’t have to be sick with salmonella to
transmit it to you. Remember, salmonella and other bacteria can be present in small
quantities the feces of animals (including dogs and cats) whether they are sick or not. So
when you pick up your bird who has been walking in and pecking around poopy litter,
just wash your hands… the same way you’d wash your hands if your dog—who has
been nibbling on canine-enticing cat poop in the yard—licks your fingers with doggy
love. Use common sense.
pg. 10
A hen actually sick with salmonella will be immediately obvious: she will be weak,
purple-combed, and have watery diarrhea as well as reduced egg production. In fact, it’s
hard to imagine that all those sick hens went unnoticed at those factory farms for so
long. Even if workers could not manage to differentiate the symptoms of salmonella
from all the other symptoms of distress that factory farmed chickens have routinely,
surely they would have noticed the big drop in production. After all, even if factory
farms don’t care about the welfare of their birds, they DO care about production—it’s
what compels them to keep the birds in such terrible, dirty, cramped conditions in the
first place. It’s just cheaper. For that reason, it’s rather terrifying to think they just kept
selling their eggs when they must have been aware of a potential problem.
https://www.mypetchicken.com/backyard-chickens/chicken-help/Is-Salmonella-a-concern-
with-backyard-chickens-H19.aspx
Thank you for your time and consideration regarding this proposal.
Page 1
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
July 17, 2018
COUNCIL COMMISSION ROOM
CALL TO ORDER
The Brooklyn Center Housing Commission was called to order by Chairperson Goodell at 7:00
p.m.
ROLL CALL
Chairperson – Mark Goodell - Present
David Johnson - Present
Tamika Baskin – Present
Kathie Amdahl - Present
Joan Schonning – Present
Michael Stokes – Present
Paul Oman - Present
Also present was Staff Liaison Jesse Anderson and Council Liaison Marquita Butler.
APPROVAL OF AGENDA
There was a motion by Commissioner Johnson and seconded by Commissioner Oman to approve the
agenda as submitted. The motion passed.
APPROVAL OF MINUTES
There was a motion by Commissioner Johnson and seconded by Commissioner Oman to approve the
minutes of the Housing Commission meeting on 6/19/18. The motion passed.
COMPREHENSIVE PLAN DISCUSSION:
Jennifer Haskins has been working for about a year on the comprehensive plan. Update on some of
the pubic engagement and some of the draft material, we will focus on housing for tonight’s meeting.
However, the comprehensive plan includes many other elements.
DISCUSSION OF THE ATTACHED POWERPOINT:
Commissioner Goodell: Is this a re-development or new housing?
Commissioner Haskins: The Met Council predicts 2,200 new housing units by 2040.
There will be some redevelopment on Brooklyn Blvd. Would include more then what is currently
vacant. Can resubmit to the Met Council as to what the City predicts if we disagree with the
Page 2
numbers.
Chairperson Goodell: When out delivering new neighbor bags, the Commission is
seeing a lot of young families.
Commissioner Johnson: When considering the rental market, are the old non- housing
units in Minneapolis that are being converted to rental being considered?
Commissioner Haskins: Yes. They look at different types of development and what
type of development there is. New information that isn’t on the plan shows that the Brooklyn Center
housing median value has now passed the 2006 median value before the housing market crashed.
Commissioner Haskin will send information to the housing commission to see if they agree with the
housing goals.
Staff Liaison Anderson: I could send the information to the Commission and it could be
discussed at the next meeting.
Commissioner Johnson How would this be enforced? By checking the plans?
Commissioner Haskin: Would be required to update every ten years. However, you
can address things as they change. The plan can be updated at other times.
Commissioner Johnson: What does The Met Council do?
Commissioner Haskin: If approved by zoning code, Met Council would need to be
updated to match the comprehensive plan.
Commissioner Amdahl: The plan is not a step by step process, it is a broad picture.
Commissioner Haskin: It is a general umbrella of different areas. Details and specif ics
that support it would be the zoning ordinances, policies, etc. They should all work together.
Commissioner Johnson: Is Brooklyn Center a part of a bigger plan that Met Council
puts together? What is the full plan in the end?
Commissioner Haskins: Met Council has 4 regional systems: Sanitary sewer, airports,
transportation & transit and regional parks. They get to tell the plans for those items. Zoning and
Land use is the Cities part of the puzzle. Their plan helps tell developers what the city generally
wants to see and what our vision is. This should be something the city can use to communicate as to
what it wants and get good opportunities.
Chairperson Goodell: There should be a tool or guide to consider the future and make
a plan; without structure it may not go well.
Commissioner Johnson: How do we see progress of the plan?
Page 3
Chairperson Goodell: We should schedule a meeting for feedback.
Commissioner Haskins: Will be meeting with The Planning Commission on August 9th.
Commissioner Goodell: Feedback should be provided before the next meeting.
Staff Liaison Anderson: We will send to the Commission and provide individual
feedback by August 9th. We will then discuss at next meeting.
DRAFT OF CHICKEN ORDINANCE:
Chairperson Goodell: I wasn’t present, however, I have reviewed the ordinance and
Commissioner Amdahl addresses that the ordinance only says “the owner of an animal”. It s hould be
added that an owner is an owner of a chicken, not just cats and dogs.
Commissioner Amdahl: Would permission be needed for keeping chickens?
Chairperson Goodell: Should synchronize working in Section 8 to coop or run instead
of enclosure.
Chairperson Goodell: We should remove 7 as is conflicts with 8 e.
Commissioner Johnson: How do we know this ordinance will work? Could we make it
provision for one year?
Staff Liaison Anderson: The ordinance can be adopted with a sunset date.
Commissioners Schonning, Goodell and Oman: Think we should not put a sunset on the
ordinance.
Commissioner Johnson: I am not worried about responsible chicken ordinances.
Commissioner Amdahl: Some ordinances will only get enforced if there is a complaint.
Commissioner Schonning: I would rather be welcoming of the ordinance and make
adjustments if necessary.
Chairperson Goodell: I feel we have done a lot of good research and we can address
issues with the ordinance in the future.
Staff Liaison Anderson: The inspectors may have issues viewing the chickens in the
backyard that are kept in violation of the code.
Commissioner Amdahl: I don’t think there will be issues.
There was a motion by Commissioner Schonning and seconded by Commissioner Amdahl to
recommend City Council consider approving the draft of the ordinance with recommended edits.
All approved, Johnson abstained.
Page 4
NEW NEIGHBOR PROGRAM UPDATE
Chairperson Goodell: There are 45 bags left to deliver currently have 42 bags; will
need a couple more bags and labels. July 25th – Mark and Dave cannot be there. Should we keep
the date or find a new one?
Commissioner Schonning: Find a better date. July 24th will be the new date, instead of the
25th, at 6:30.
COUNCIL LIAISON REPORT
Council Liaison Butler reported the following:
The work on water tower 2 has started and should be done in 90 days.
There will be a neighborhood meeting on Thursday at 6 pm in Belleview.
The Pop up market on July 7 was successful for its 1st time. The next market is scheduled for August
4th. Vendors are selling goods and it is free to Brooklyn Center residents.
Chairperson Goodell: Can an organization have a booth?
Cars are currently being parked at the opportunity site. They are leasing space during construction.
Ongoing Development Projects:
Medtronic expansion
Luther Mazda
Casey’s under review
EBT under review
HOM furniture under plan review
Bank of America under construction
Instore Storage under plan review
Fairfield Inn was issued
Top Golf temp co issued.
Sprint open
Tim Horton’s under construction
Commissioner Stokes: How did the pop up market happen?
Council Liaison Butler: Lenny Chism asked the council at a work session. As resident,
economic development priorities, this provides an opportunity. City has helped provide funds.
Commissioner Johnson: Will it stay there, and for how long?
Council Liaison Butler: Goes through the fall and should stay there as long as it is
available.
Commissioner Johnson: Terrific idea!
CHAIRPERSONS REPORT
Chairperson Goodell reported:
No update at this time.
Page 5
OTHER BUSINESS
There was no other business addressed by the Commission.
ADJOURNMENT
There was a motion by Commissioner Johnson and seconded by Commissioner Oman to
adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned
at 8:15 p.m.
__________________________________
Chairman
Page 1
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
June 19, 2018
COUNCIL COMMISSION ROOM
CALL TO ORDER
The Brooklyn Center Housing Commission was called to order by Chairperson Goodell at 7:04 p.m.
ROLL CALL
Chairperson – Mark Goodell - Excused
David Johnson - Excused
Tamika Baskin – Present
Kathie Amdahl –Excused
Joan Schonning – Present
Michael Stokes – Present
Paul Oman - Present
Also present was Staff Liaison Jesse Anderson.
APPROVAL OF AGENDA
There was a motion by Commissioner Schonning and seconded by Commissioner Oman to approve
the agenda as submitted. The motion passed.
APPROVAL OF MINUTES
There was a motion by Commissioner Baskin and seconded by Commissioner Oman to approve the
minutes of the Housing Commission meeting on 5/15/18. The motion passed.
QUESTION OR CONCERNS RELATING TO THE KEEPING OF CHICKENS
Commissioner Johnson: How would this be enforced?
Staff Liaison Anderson: Likely by code enforcement staff.
Commissioner Johnson: Would people be able to let them run loose in the yard?
Staff Liaison Anderson: No, it would not be allowed by code.
Commissioner Johnson: I like that the code would say no roosters allowed.
Commissioner Schonning: The ordinance is very comprehensive.
Commissioner Oman: Questions on no closer to the street.
Commissioner Baskins: Why? 5 feet.
Staff Liaison Anderson: Crystal’s says that.
Page 2
Commissioner Johnson: Would we want to put a review date on the ordinance?
Commissioner Johnson: While at a farm, the chicken coops were fairly dirty.
Todd Henning: It is just like taking care of a dog or a cat box.
Commissioner Baskin: Does the ordinance require a fence at the property line?
Commissioner Johnson: There would be no slaughter of chickens allowed.
Mr. Henning: They are like a pet.
Staff Liaison Anderson: Do we want to require screening?
Commissioner Oman: This seems to be excessive.
Commissioner Johnson: It would be difficult to screen everyone.
Commissioner Baskin: There would be no screening.
Commissioner Schonning: Remove section on screening.
Commissioner Johnson: Are the chickens in a coop at night, and are they quiet at night?
Stacy (Resident): If you cover the chickens, and they don’t see light, they will stay
quiet.
Commissioner Schonning: The ordinance covers noise at night.
Commissioner Baskin: Will they attract more predators to the area? If so, would we want
to consider a fence?
Staff Liaison Anderson: I will updated ordinance with changes and bring it back for final
review at the next meeting.
NEW NEIGHBOR PROGRAM UPDATE
Delivery Dates: 6:30 tomorrow and the 20th and 27th.
Commissioner Oman is unable to make it.
Commissioners Schonning, Johnson, Stokes and Baskin will be there.
Commissioner Oman: It was great how the people feel welcomed by the bag.
Additional Delivery Dates: July 11th and July 25th
COUNCIL LIAISON REPORT
In the absence of the Council Liaison no report was given.
CHAIRPERSONS REPORT
Vice Chairperson Johnson: Nothing else to add
Page 3
OTHER BUSINESS
There was no other business addressed by the Commission.
ADJOURNMENT
There was a motion by Commissioner Baskin and seconded by Commissioner Oman to
adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned
at 8:30 p.m.
__________________________________
Chairman
Backyard Chicken
Ordinance
Presented by: Jesse Anderson,
Deputy Director of Community
Development
Background
At the City Council Open Forum multiple requests have
been made by residents to allow chickens at residential
homes.
The City Council directed the topic to the Housing
Commission to review.
The Housing Commission reviewed and is providing a
recommendation to the City Council.
The Housing Commission discussed the issue of backyard
chickens extensively at their May, June, and July meetings.
They reviewed similar ordinances from neighboring
communities, as well as discussing the specific effects of an
ordinance in Brooklyn Center.
Supporters of the ordinance also were present at the Housing
Commission meetings to answer questions of the Commissioners
and to provide background information.
Proposed Ordinance
Overview
No Roosters
No more than6 Hens
Requires a Coop and Run
A coop is an enclosed structure for keeping the
chickens while being protected for the
elements.
A run is a enclosed screened area where the
chickens can roam unsupervised.
Only permitted in R1 and R2 districts
The Run and Coop cannot exceed 120
square feet and 6 feet in height
Chicken Coop Requirements
Fully enclosed and keeps
the Chickens in and
Coop
migratory birds out.
Must be winterized
Architecturally
appropriate building
materials
Coops that exceed 30
square feet count as an
accessory building
5 feet from lot lines
30 feet from adjacent
dwellings
Run
Chicken Run Requirements
Fully Enclosed
Included overhead
netting
In rear yard
5 feet from lot lines
30 feet from adjacent
dwellings
Other Requirements
Structures must be in good repair
Nuisance odors must be prevented
Feed must be stored in a leak proof container
Chickens must be secured inside coop at
night
Chickens cannot run at large
No slaughter, fighting, breeding of chickens
No Commercial sale of eggs
Rental properties will require written
permission from property owner.
Enforcement
In conversations with other Cities, there has
not been an increase in code cased relating
to Chickens.
In 2018, there were 9 code cases relating to
chickens 5 were confirmed.
The biggest challenge currently and with the
new ordinance will be access to view the
backyard of a property.
Code Enforcement staff cannot look over
fences, unless backyard is in plain sight
Inspectors cannot go in backyards without
permission or an administrative warrant.
The Housing Commission recommended
the City Council consider the draft
ordinance
The City Attorney reviewed the ordinance
If the Council concurs with the proposed
ordinance, Staff would then bring it to
Council for a First Reading.
Questions?